New York State Court of Claims

New York State Court of Claims

THOMAS v. THE STATE OF NEW YORK, #2007-030-570, Claim No. 113367, Motion No. M-73764


Synopsis


Pro se inmate’s motion to compel discovery of medical records denied as moot, otherwise denied as vague and overbroad. Claim alleges that while asbestos and lead paint being removed in the mess hall at correctional facility, the mess hall was kept open for the three daily meals served to inmates. He alleges generally that this activity violates the state constitution, the eighth amendment to the federal constitution, the Americans with disabilities act, and placed his health at risk

Case Information

UID:
2007-030-570
Claimant(s):
BERNARD THOMAS
Claimant short name:
THOMAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113367
Motion number(s):
M-73764
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
BERNARD THOMAS, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO, NEW YORK STATE ATTORNEY GENERAL
BY: ELYSE J. ANGELICO, ASSISTANT ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
October 1, 2007
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers were read and considered on claimant’s motion to compel


discovery:

1,2 Notice of Motion; Affidavit by Bernard Thomas, claimant

  1. Affirmation by Elyse J. Angelico, Assistant Attorney General and attached exhibits
4,5 Filed papers: claim, answer

Bernard Thomas alleges in his claim that while he was incarcerated at Sing Sing Correctional Facility he saw asbestos and lead paint being removed in the mess hall on or about September 11, 2006, yet the mess hall was kept open for the three daily meals served to inmates. He alleges generally that this activity violates the state constitution, the eighth amendment to the federal constitution, the Americans with Disabilities Act, and placed his health at risk. He seeks damages in the amount of $5,000,000.00.

In the present motion, claimant seeks to compel disclosure of his medical records from January 2006 to date; seeks copies of health related facility directives; and “an advance of copies” based on lack of funds to make copies for research. [Affidavit by Bernard Thomas, ¶¶ 1,2,3].

Although the present motion is the first notice to defendant of any demand for disclosure by claimant, and thus any motion to compel such disclosure is premature, defendant has nonetheless supplied copies of the medical records requested, and represents that updated records will be provided as they become available. [See Affirmation by Elyse J. Angelico, ¶¶ 4 and 6, Exhibit B]. Thus this aspect of claimant’s application is denied as moot.

With respect to the request for copies of health related correctional facility directives, the court agrees, as argued by defendant, that such request is overbroad and vague, thus the application to compel production of same is in all respects denied.

Finally, with regard to claimant’s request for “an advance of copies” there has been no application for poor person relief to this court’s knowledge, thus this application - which is unclear in any event - is denied. See Civil Practice Law and Rules §1101(a).

Accordingly, claimant’s motion to compel is in all respects denied.

October 1, 2007
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims