New York State Court of Claims

New York State Court of Claims

LINER v. THE STATE OF NEW YORK, #2008-015-059, Claim No. 113778, Motion No. M-74917


Synopsis


Pro se inmate's motion was denied because he failed to apprise the defendant of the nature of the relief sought in the notice of motion and failed to submit the demand for discovery for which a response was sought.

Case Information

UID:
2008-015-059
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-74917
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Joshua Liner, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Paul F. Cagino, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 22, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, seeks Court intervention relating to discovery. While the Notice of Motion states that the claimant "moves the defendant by counsel pursuant to CPLR 3120, 3122" it fails to specify the nature of the relief sought as required by 22 NYCRR § 206.8. The claimant failed to submit either a copy of his discovery demands or the defendant's responses, if any, thereto. In fact, there is nothing in the motion papers to establish that discovery demands were served prior to the making of the instant motion.

Claimant should serve a notice for discovery upon the defendant and, in the event the defendant fails to properly disclose the material requested, he may move this Court pursuant to CPLR 3124 to compel a response. Review of the Court file reveals no demand for the items listed in the claimant's "Notice of Motion" and resort to motion practice in the first instance is inappropriate.

For the foregoing reasons, claimant's motion is denied.


July 22, 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 dated April 26, 2008;
  2. Letter dated April 27, 2008 from Joshua Liner;
  3. Affirmation of Paul F. Cagino dated May 27, 2008;
  4. Affidavit of Joshua Liner sworn to June 12, 2008;