New York State Court of Claims

New York State Court of Claims

JOHNSON v. STATE OF NEW YORK, #2009-018-015, Claim No. 111987, Motion No. M-75852


Synopsis



Case Information

UID:
2009-018-015
Claimant(s):
CHARLES JOHNSON a/k/a DAYQUAN JOHNSON
1 1.The claim was originally brought under the name of Dayquan Johnson, while the motion bearing the same claim number is brought under the name of Charles Johnson.
Claimant short name:
JOHNSON
Footnote (claimant name) :
The claim was originally brought under the name of Dayquan Johnson, while the motion bearing the same claim number is brought under the name of Charles Johnson.
Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111987
Motion number(s):
M-75852
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
CHARLES JOHNSON a/k/a DAYQUAN JOHNSONPro Se
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New York
By: Bonnie Gail Levy, EsquireAssistant Attorney General
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 “to obtain certain material prepared for trial, to wit: Original claim motion [sic], with all exhibits, affidavits, upon the ground that the claimant has substantial need of the materials in the preparation of this case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means...”

Defendant, in response, reflects some understandable confusion over exactly what Claimant seeks by this motion. However, Defendant notes that it does not oppose the Court providing Claimant with copies of filed documents.

The claim filed February 16, 2006, alleges that the State lost three out of seven bags of Claimant’s property when he was transferred from Cape Vincent Correctional Facility Special Housing Unit to Upstate Correctional Facility on June 15, 2005. Claimant seeks $841 in damages for the lost property. In Claimant’s affidavit, he indicates that he is in substantial need of the original claim with all exhibits and affidavits in order to prepare for trial.

The claim filed with the Clerk of the Court has a few attachments. Attached are an “Inmate Claim Form No. 840-0008-05,” dated June 22, 2005, which reflects the facility review determinations, the original lost property lists, a memorandum from J. Fitchette, SCC and S. Quilliam, KBS 1, dated August 2, 2005, responding to a F.O.I.L. request, and the last attachment is a letter from E. Larkins, Correction Counselor at Cape Vincent Correctional Facility dated September 12, 2005, to Claimant (Dayquan Johnson) denying his request for waiver of fees. No other documents and no affidavits are attached to the claim.

If Claimant is seeking these original documents, the Court will not direct their return to Claimant as they are properly filed with the Court. In response to this motion, the Clerk’s Office provided copies of the exhibits attached to the claim and forwarded them to Claimant on March 5, 2009. Any further requests for filed documents should be made directly to the Clerk’s Office and include the required fee for copying and postage.

Claimant’s motion is therefore granted only to the extent set forth herein.


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 Charles Johnson, in support, sworn to on October 15, 2008.

3. Affirmation of Bonnie Gail Levy, Assistant Attorney General, in response, with exhibits attached thereto.