New York State Court of Claims

New York State Court of Claims

McIVER v. THE STATE OF NEW YORK, #2007-016-037, Claim No. 110890, Motion No. M-73504


Synopsis


Discovery motion was denied.

Case Information

UID:
2007-016-037
Claimant(s):
DEREK McIVER
Claimant short name:
McIVER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110890
Motion number(s):
M-73504
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Derek McIver, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant’s attorney:

Signature date:
August 23, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves for an order compelling disclosure. Specifically, he seeks a deposition of defendant, as well as various documents. In his underlying claim, Mr. McIver alleges that items of his personal property were lost or damaged during two transfers between State correctional facilities. There is no indication that prior to the making of this motion, claimant sought any such disclosure from the State. The Civil Practice Law and Rules (“CPLR”) essentially provide that the parties should, as an initial matter, seek discovery directly from each other, without judicial intervention. See CPLR §3102.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-73504 be denied.

August 23, 2007
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant’s notice of motion with affidavit in support; and defendant’s affirmation in opposition. Claimant sought oral argument of this motion; I find that such is not necessary for the determination of the motion.