New York State Court of Claims

New York State Court of Claims

LINER v. THE STATE OF NEW YORK, #2008-015-027, Claim No. 113778, Motion No. M-74395


Synopsis


Inmate's motion to compel responses to interrogatories was denied as no interrogatories were provided to Court.

Case Information

UID:
2008-015-027
Claimant(s):
JOSHUA LINER
Claimant short name:
LINER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113778
Motion number(s):
M-74395
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Joshua Liner, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
April 14, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves for an order compelling the defendant to respond to interrogatories pursuant to CPLR 3124. Copies of the interrogatories allegedly served were not attached to the motion and review of the papers filed with the Clerk does not disclose the interrogatories to which the claimant seeks to compel a response. Consequently, claimant’s motion must be denied.

Denial of the claimant’s motion is required on the additional ground that it fails to contain an affidavit of service as required (see 22 NYCRR 206.9 [b]). Although there is a document which purports to be an Affirmation of Service attached to the motion, the claimant is not a person authorized to make such an affirmation (see CPLR 2106).


April 14, 2008
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion undated and filed December 31, 2007;
  2. Affidavit of Joshua Liner sworn to December 24, 2007.