1. Notice of Motion and Supporting Letter of James Towner, pro se;
2. Affirmation in Opposition of Michael W. Friedman;
3. Reply letter of James Towner, pro se;
3. Reply letter of James Towner, pro se, with annexed Exhibits; and
4. Notice For Production of Papers and Affidavit in Support of James Towner,
Filed papers: Claim; Answer
This is a wrongful confinement action that accrued on or about June 14, 2006,
when Claimant was released from keeplock at Coxsackie Correctional Facility.
The information that Claimant seeks to obtain by way of this motion is minimal:
“the name of the official who, on June 14th, 2006, authorized C.O. Decker
of F-2 Company to release [Claimant] from keep-lock status, from June 6th, 2006
thru June 14th 2006" (Notice of Motion). The individual is later described as
the person who was in the Tier Hearing Office on June 13, 2006, at which time he
allegedly spoke to C.O. Decker.
When counsel for Defendant replied that the State had not yet been served with
a discovery demand and, therefore, that the motion to compel was premature
(Friedman affirmation, ¶¶6, 7), Claimant asserted that he had served
the discovery demand on the Superintendent of Coxsackie Correctional Facility.
In a letter dated May 23, 2007, the Court informed Claimant that service of such
documents must be made on the Attorney General (by mail or in person by service
on an Assistant Attorney General). This motion was adjourned to give Claimant
time to effect service of the discovery demand.
Although the Court has received several submissions after that letter was sent,
the Assistant Attorney General assigned to defend this action states that the
last communication he received from Claimant arrived before the Court’s
letter and that none of those communications were recognizable as a discovery
Claimant’s motion must be DENIED as moot. In the interest of saving time
and needless effort on the part of all concerned, however, the Court directs
Defendant to provide Claimant with the name of the person who spoke with C.O.
Decker regarding Claimant’s release from keeplock on June 14, 2006 and the
name of the person, if any, assigned to be in the Tier Hearing Office on June
13, 2006, recognizing that the same individual may fit both of these