New York State Court of Claims

New York State Court of Claims

WILLIAMS v. STATE OF NEW YORK, #2009-018-014, Claim No. 115887, Motion No. M-76001


Synopsis


Claimant did not provide a copy of the discovery response for which he needs more time to respond, nor did his affidavit address this portion of the motion. Claimant’s motion is denied.

Case Information

UID:
2009-018-014
Claimant(s):
RONALD E. WILLIAMS
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115887
Motion number(s):
M-76001
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
RONALD E. WILLIAMSPro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New York
By: Thomas Trace, Esquire Senior Attorney
Third-party defendant’s attorney:

Signature date:
March 18, 2009
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant brings a motion seeking an order dismissing Defendant’s first affirmativedefense and granting an extension of time to provide discovery responses. The Senior Attorney assigned to the claim has submitted a letter dated January 29, 2009, withdrawing defendant’s First Affirmative Defense rendering this portion of Claimant’s motion moot.

As for Claimant’s request for an extension of time to provide discovery responses, he did not provide a copy of the discovery response for which he needs more time to respond. Nor did his affidavit address this portion of his motion. As a result, the Court cannot rule upon this request. However, the Court would suggest to Claimant that if he needs additional time to respond to any discovery demands he should write to opposing counsel and request an extension directly.

Accordingly, Claimant’s motion is DENIED based upon the foregoing.



March 18, 2009
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:

1. Notice of Motion.

2. Affidavit of Ronald Edward Williams, Pro Se, in support, sworn to on December 3, 2008, with exhibits attached thereto.

3. Letter from Thomas M. Trace, Senior Attorney, dated January 29, 2009, withdrawing the first affirmative defense.