New York State Court of Claims

New York State Court of Claims

REYES v. STATE OF NEW YORK, #2009-038-510, Claim No. 107609, Motion No. M-75689


Synopsis


Claimant’s motion for leave to serve a second set of interrogatories denied as unnecessary. The CPLR does not require judicial permission to serve additional interrogatories

Case Information

UID:
2009-038-510
Claimant(s):
RODERICK REYES
Claimant short name:
REYES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107609
Motion number(s):
M-75689
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
RODERICK REYES, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: No appearance
Third-party defendant’s attorney:

Signature date:
February 3, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Claimant, an individual incarcerated in a State correctional facility, seeks compensation for injuries sustained as a result of alleged medical malpractice. Claimant moves for leave to serve a second set of interrogatories. Although the motion is unopposed, it will be denied as unnecessary. The Civil Practice Law and Rules (CPLR) do not require judicial permission to serve additional interrogatories. Moreover, even if the CPLR did require judicial permission, claimant’s affidavit in support of the motion does not state why such relief should be granted. Accordingly, it is

ORDERED, that Motion No. M-75689 is DENIED as unnecessary.



February 3, 2009
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered:


(1) Claim, filed April 14, 2003;

(2) Verified Answer, filed May 28, 2003;

(3) Notice of Motion No. M-75689;

(4) Affidavit of Roderick Reyes in Support of Motion to Serve 2nd Set of Interrogatories,

sworn to September 30, 2008;

(5) Affidavit of Service of R. Reyes, sworn to October 12, 2008.