New York State Court of Claims

New York State Court of Claims

THOMAS v. THE STATE OF NEW YORK, #2007-040-038, Claim No. 104288, Motion No. M-73676


Synopsis


Prisoner – Motion to appear at trial by video conference from facility where incarcerated granted as Claimant established health problems preclude his transfer for trial.

Case Information

UID:
2007-040-038
Claimant(s):
BERNARD THOMAS #99A2204
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):
104288
Motion number(s):
M-73676
Cross-motion number(s):

Judge:
CHRISTOPHER J. McCARTHY
Claimant’s attorney:
Bernard Thomas, Pro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Glenn C. King, Esq., AAG
Third-party defendant’s attorney:

Signature date:
July 30, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

For the reasons set forth below, the motion of pro se Claimant, Bernard Thomas, seeking to appear at the trial of this matter by video conference from the facility where he is incarcerated at the time of the trial, is granted.

The underlying Claim, which was filed in the office of the Clerk of the Court on May 16, 2001, alleges that Defendant failed to follow its own regulations with respect to screening for housing assignments, with the result that Claimant was improperly and harmfully placed in a double bunk cell at Upstate Correctional Facility in Malone.

By decision and order dated March 16, 2007, the Court denied that portion of Claimant’s previous motion which sought a change of venue of the trial on the basis that Claimant failed to meet his burden of proof to have the venue changed (see Thomas v State of New York, Claim No. 104288, Motion No. M-72885, McCarthy, J., UID No.2007-040-012).

Claimant now seeks to appear at the trial by video conference from the facility at which he is housed at the time of the trial. He asserts that he is unable to travel for long distances. He has submitted a copy of a page of his Ambulatory Health Record wherein on February 2, 2007 a doctor reported that Claimant has a specific back problem and should not travel for more than two hours at a time. He has also submitted a copy of “Medical Work Status Assignment” sheet where it is reported that Claimant should not travel long distances for more than two hours because of his back condition (both documents are part of Ex A attached to the motion). Defendant does not oppose Claimant’s motion.

Based upon the information provided to the Court, it is apparent that Claimant cannot be transported any considerable distance for the trial of this matter. As the technology is available to allow Claimant to appear by video conference, the Court grants Claimant’s request. The parties will be notified of the date of the trial.


July 30, 2007
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims


The following papers were read and considered by the Court on Claimant’s motion to be allowed to appear at trial by video conference:


Papers Numbered


Notice of Motion, Affidavit and
Exhibits Attached 1

Affirmation in Response 2

Filed papers: Claim and Answer