New York State Court of Claims

New York State Court of Claims

SALAAM v. THE STATE OF NEW YORK, #2009-038-565, Claim No. 105538, Motion No. M-77075


Synopsis


Claimant’s motion to compel discovery denied as premature. Motion fails to demonstrate that there is an outstanding discovery demand to which defendant has not responded.

Case Information

UID:
2009-038-565
Claimant(s):
RASOOL SALAAM
Claimant short name:
SALAAM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105538
Motion number(s):
M-77075
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
RASOOL SALAAM, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
By: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
September 17, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an individual incarcerated in a State correctional facility, commenced this claim in the nature of negligent bailment in January 2002. Claimant moves for production of documents for discovery and inspection, and his supporting affidavit recites the documents that he requests the Court to direct defendant to produce. Defendant opposes the motion on the ground that there is not an outstanding discovery demand to which defendant has failed to respond. A motion to compel disclosure is authorized “[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or [discovery] order” (CPLR 3124). Claimant’s motion does not demonstrate that any such prerequisite event has occurred, and thus, the motion to compel disclosure must be denied as premature (see Williams v State of New York, UID # 2008-038-619, Claim Nos. 114391, 114932, Motion No. M-75169, DeBow, J. [Oct. 24, 2008]). Accordingly, it is

ORDERED, that Motion No. M-77075 is DENIED.

September 17, 2009
Albany, New York

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


Papers considered
:


(1) Claim No. 105538, filed January 29, 2002;

(2) Motion for Demand for Production of Documents for Discovery and Inspection,

dated August 2, 2009;

(3) Supporting “Affidavit” of Rasool Salaam, dated August 2, 2009;

(4) Affirmation of Paul F. Cagino, dated August 24, 2009.