New York State Court of Claims

New York State Court of Claims

COLLIC v. THE STATE OF NEW YORK, #2008-015-081, Claim No. 115090, Motion No. M-75168


Synopsis


Motion to compel production of documents and for other relief was denied as claimant failed to establish that he served a demand for discovery.

Case Information

UID:
2008-015-081
Claimant(s):
DAVID H. J. COLLIC
Claimant short name:
COLLIC
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115090
Motion number(s):
M-75168
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
David H. J. Collic, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
November 12, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate proceeding pro se, moves for an order compelling the defendant to produce documents and pay an "agreed settlement" as well as the expenses incurred by claimant in prosecuting this claim. CPLR 3124 states: "If a person fails to respond to or comply with any request, notice, interrogatory, demand . . . the party seeking disclosure may move to compel compliance or a response." Claimant has failed to establish that he served a demand for discovery upon the defendant. Claimant must first serve such a demand and, in the event the defendant fails to timely or adequately respond, thereafter move to compel discovery pursuant to CPLR 3124.

Regarding claimant's request for an order compelling the defendant to pay an "agreed settlement", no evidence has been submitted to indicate that the case has been settled and defense counsel indicates that it has not.

Lastly, to the extent the claimant requests reimbursement for the cost of this litigation, "Civil Rights Law § 79(3) and § 79-a (3) specifically provide that the State shall not be liable for any expense of, or related to, inmate litigation . . ." (Gittens v State of New York, 175 AD2d 530 [1991]; see also Shell v State of New York, 307 AD2d 761 [2003], lv denied 1 NY3d 505 [2003]).

Accordingly, claimant's motion is denied.



November 12, 2008
Saratoga Springs, New York

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


The Court considered the following papers:
  1. Motion dated May 29, 2008;
  2. Verification of David H. J. Collic sworn to May 29, 2008;
  3. Affirmation of Saul Aronson dated July 30, 2008.