In compliance with a Decision and Order of this Court filed October 26, 2007
the State has provided the Court with the portions of the disciplinary history
of inmate J. Andujar [82-A-2454], as well as the portions of his psychiatric
history, that were directed to be produced for in camera inspection. In
connection with the only application before the court, the parties had
stipulated to the State’s providing Mr. Andujar’s institutional
disciplinary history for the immediate two (2) year period up to and including
June 5, 2006, and any psychiatric records for a one (1) year period up to and
including the same date of assault, and the Court directed such limited
production premised on such stipulation. [See Guillermo Urena v State
of New York, Claim No. 113080, Motion No. M-73520, unreported decision
(Scuccimarra, J., October 26, 2007)].
The claim arises from an assault upon claimant on June 5, 2006 at Sing Sing
Correctional Facility (hereafter Sing Sing) committed by inmate Andujar.
Claimant alleges, among other things, that the defendant had notice of Mr.
Andujar’s violent propensities, and failed to adequately provide for
claimant’s safety given such notice, by allowing Mr. Andujar to circulate
in the general population of the prison.
The Court has reviewed the Inmate Disciplinary History produced for inmate
Andujar in camera
and finds that the documents contain information which
is material and relevant to this claim
records provided by the defendant are paginated for ease of reference.
Accordingly, the defendant is directed to provide to claimant’s attorney,
in addition to the certification page from Southport Correctional Facility,
copies of pages 1 through 46, inclusive, at claimant’s cost, within thirty
(30) days of the date of filing of this Order.
With respect to the portions of Inmate Andujar’s psychiatric history
provided, no material or relevant information is contained therein, nor would
production lead to material and relevant information, thus no records need be
supplied to claimant’s attorney.
It is further Ordered that this material is confidential, and may only be used
in the case before this court, and may not be disseminated or shared with anyone
not a party to this litigation, except for retained experts. Copies of the
documents are being held by the court, in a sealed file, pending final
resolution of the claim.
The court notes that the Preliminary Conference Order provides that the note of
issue and certificate of readiness are to be filed by February 28, 2008. If the
parties anticipate the need for an extension of that deadline, they should
submit a stipulation extending the date for filing a note of issue and
certificate of readiness, to be “so ordered” by the court.