New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2009-032-118, Claim No. 114440, Motion Nos. M-75924, CM-76032


Synopsis



Case Information

UID:
2009-032-118
Claimant(s):
CONSTANTINEE L. JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114440
Motion number(s):
M-75924
Cross-motion number(s):
CM-76032
Judge:
JUDITH A. HARD
Claimant’s attorney:
Constantinee L. Jackson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, NYS Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
March 26, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Before the Court is what claimant has styled as a “Motion for Order Discovery” in which he lists the items sought. Defendant opposes that application and has cross moved for sanctions.

The Court has previously addressed a number of discovery motions filed by claimant. Most recently, the Court issued a protective order striking claimant’s second set of requests for interrogatories and requests for documents (Jackson v State of New York, Ct Cl, Claim No. 114440, Motion No. M-75386, Hard, J., December 1, 2008).

Again, claimant has made an application to compel without first serving demands upon the defendant. The Court has reviewed its filings and finds no demands filed by claimant subsequent to granting defendant a protective order. Accordingly, claimant’s application to compel is denied.

Turning to the cross-motion for sanctions, the Court notes the instant application by claimant was filed before the Court issued its Decision and Order on motions M-75369 and

M-75386 (supra) in which the Court provided guidance on proper demands within the scope of the instant litigation. Given the timing of these motions, the Court denies the defendant’s application without prejudice.



March 26, 2009
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Claimant’s Notice of Motion and Supporting Affidavit;

2. Defendant’s Notice of Cross-Motion with Affirmation in Opposition to claimant’s Motion and in Support of Cross-Motion;

3. Reply to Notice of Cross-Motion.

Claim; Verified Answer.