New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2007-033-236, Claim No. 107964, Motion No. M-72424


Synopsis



Case Information

UID:
2007-033-236
Claimant(s):
ISAIAH BROWN
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107964
Motion number(s):
M-72424
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Isaiah Brown, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Saul Aronson, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 13, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim is brought by Isaiah Brown (hereinafter “claimant”) for negligence by the State of New York (hereinafter “State”) in allegedly losing his property and for defamation by an employee of the State. Claimant is an inmate in the custody of the New York State Department of Correctional Services.


Claimant seeks to have the Court order alternate means of serving subpoenas than the means provided in the CPLR.[1] Claimant seeks to serve subpoenas on three correction officers and two inmates. Previously, claimant has asked the Court to issue and serve the subpoenas and to have the Attorney General’s Office serve the subpoenas.

Defendant opposes claimant’s motion.

In the case of the inmates claimant seeks to have produced, judicial subpoenas are necessary (CPLR 2302). However, the Court does not serve the subpoenas. The subpoenas must still be served in accord with the CPLR and Correction Law §620. Claimant provides the Court with no authority to go beyond those means of service sanctioned by the legislature in the CPLR.

Accordingly, claimant’s motion is denied.


March 13, 2007
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Notice of Motion for Alternative Service of Subpoenas, and for Certification of Records dated October 16, 2006 and filed October 19, 2006; Affidavit in Support of Notice of Motion of Isaiah Brown sworn to October 16, 2006 and filed October 19, 2006; Affirmation in Opposition of Saul Aronson, Esq. dated November 16, 2006 and filed November 17, 2006; Affidavit in Reply to Defendant’s Opposition to Motion to Serve Subpoenas and Other Relief of Isaiah Brown sworn to November 24, 2006 and filed December 4, 2006.