Inmate's motion to compel discovery was denied.
|Claimant short name:||CAMPBELL|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Jabbar Campbell, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
|Third-party defendant's attorney:|
|Signature date:||April 14, 2010|
|See also (multicaptioned case)|
Claimant Jabbar Campbell, an inmate at Sullivan Correctional Facility, moves for an order compelling defendant to provide him with documentary disclosure at no cost. In his claim, Mr. Campbell alleges, inter alia, that items of his personal property were wrongly confiscated from his cell on May 15, 2009.
Claimant seeks four documents, which consist of 12 pages in total. Defendant states that it will provide the documents to claimant at a cost of 25 cents per page.(1) Claimant objects, arguing that he should be provided the documents at no cost.
"[I]t is well settled that the State has the right to require Claimant to pay reasonable photocopying costs of demanded discovery documents." Rodriguez v State of New York, Ct Cl, July 23, 2004 (unreported, claim no. 105169, motion no. M-68269, UID #2004-030-552(2) , Scuccimarra, J.).
In view of the foregoing, having reviewed the submissions(3) , IT IS ORDERED that motion no. M-77769 be denied.
April 14, 2010
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. To be more precise, defendant states that medical records will be provided at the cost of 50 cents per page, and all other documents will be provided at the cost of 25 cents per page; no medical records are at issue in this case.
2. This and other decisions of the Court of Claims may be found on the Court's website: www.nyscourtofclaims.state.ny.us.
3. The following were reviewed: claimant's notice of motion with affidavit in support; and defendant's affirmation in opposition.