New York State Court of Claims

New York State Court of Claims

MELVIN v. THE STATE OF NEW YORK, #2008-009-022, Claim No. 107704, Motion No. M-70380


Synopsis


Following an in camera review, certain Unusual Incident Reports and Mental Health Referrals were directed to be disclosed to claimant.

Case Information

UID:
2008-009-022
Claimant(s):
CRAIG MELVIN
Claimant short name:
MELVIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107704
Motion number(s):
M-70380
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
GREENE & REID, LLP
BY: James T. Snyder, Esq.,Of Counsel.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Edward F. McArdle, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
August 21, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to a Decision and Order of this Court, defendant was directed to produce, for an in camera review, 13 Unusual Incident Reports which had been specifically requested by claimant. Defendant was also directed to produce the mental health file for inmate Daniel Thomas, the alleged perpetrator of the assault against claimant which is the basis for the instant claim. In order to facilitate the Court’s review of these documents, defendant was also directed to produce a second copy of each document, redacting any information it sought to protect from disclosure.

Defendant has produced these documents in compliance with the Court’s Order, and the Court has now completed its review of both the redacted and unredacted copies of these documents. With respect to the 13 Unusual Incident Reports, the Court finds that the only information redacted by the defendant was limited to personal identifying information regarding the inmates involved in those incidents.

Similarly, the Court has reviewed the entire clinical record of Daniel Thomas, as well as a redacted copy of the “mental health referrals”. Again, defendant has only redacted personal identifying information pertaining to inmate Thomas on the redacted copies of the mental health referrals.

Upon completing its review and after careful consideration, the Court finds and determines that the 13 Unusual Incident Reports and the mental health referrals for inmate Thomas may be relevant to the issues at hand in this claim, and therefore, in their redacted form, are subject to disclosure. Accordingly, the redacted copies of the 13 Unusual Incident Reports and the redacted copies of the mental health referrals for inmate Thomas must be provided to claimant’s counsel.

Furthermore, after conferring with counsel for the parties, claimant’s counsel has agreed to execute a Stipulation of Confidentiality with regard to the records and documents to be produced pursuant to this Decision and Order.

Therefore, it is

ORDERED, that upon execution of a Stipulation of Confidentiality, as agreed to by counsel for the parties, defendant shall provide claimant’s counsel with copies of the 13 Unusual Incident Reports, and copies of the mental health referrals for inmate Daniel Thomas, with all documents redacted in the same manner as those copies previously produced to the Court; and it is further

ORDERED, that after conferring with counsel for both parties, all depositions and disclosure shall be completed on or before November 15, 2008, and claimant shall then serve and file a note of issue and certificate of readiness on or before December 15, 2008.

August 21, 2008
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims