New York State Court of Claims

New York State Court of Claims

BAILEY v. THE STATE OF NEW YORK, #2009-009-025, Claim No. 111521, Motion No. M-76809


Synopsis


Defendant’s motion for a conditional order of preclusion was granted.

Case Information

UID:
2009-009-025
Claimant(s):
KRISTINA BAILEY and EDWARD BAILEY
Claimant short name:
BAILEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111521
Motion number(s):
M-76809
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
KRISTINA BAILEY and EDWARD BAILEY, Pro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General
BY: Maureen A. MacPherson, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant’s attorney:

Signature date:
September 10, 2009
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order dismissing the claim, or in the alternative for a conditional order of preclusion, due to claimants’ failure to respond to defendant’s discovery demands. Claimants have not responded to this motion.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation in Support, with Exhibits 1,2

In her Supporting Affirmation, defendant’s attorney has satisfied the Court that she has made numerous requests to the claimants seeking updated medical authorizations, dates of availability for an Independent Medical Examination, and dates of availability for a deposition of claimant Edward Bailey, and that she has received no response whatsoever to these demands and requests.

Nevertheless, this Court is of the opinion that claimants, who incidentally are proceeding pro se, should be provided one final opportunity to comply with these legitimate demands of the defendant.

Accordingly, it is

ORDERED, that Motion No. M-76809 is hereby GRANTED, to the extent provided herein, and it is further

ORDERED, that claimants are hereby compelled and directed to respond fully to and answer the discovery demands of the defendant, and in particular are to provide updated medical authorizations, dates of availability for a deposition of claimant Edward Bailey, and dates of availability for an Independent Medical Examination of claimant Kristina Bailey; and that such responses are to be provided within 60 days from the filing date of this Decision and Order; and it is further

ORDERED, that claimants are hereby precluded from offering any evidence or testimony relating to the requested information and demands unless, within 60 days from the filing date of this Decision and Order, claimants provide the completed updated medical authorizations and also provide the attorney for the defendant with dates of availability for a deposition of claimant Edward Bailey and dates of availability for an Independent Medical Examination of claimant Kristina Bailey.

September 10, 2009
Syracuse, New York

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