New York State Court of Claims

New York State Court of Claims
JOHNSON v. THE STATE OF NEW YORK, # 2010-032-003, Claim No. 116755, Motion No. M-77270


Case information

UID: 2010-032-003
Claimant short name: JOHNSON
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116755
Motion number(s): M-77270
Cross-motion number(s):
Claimant's attorney: Johnathan Johnson, Pro Se
Defendant's attorney: Hon. Andrew M. Cuomo, NYS Attorney General
By: Michael C. Rizzo, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:
Signature date: March 3, 2010
City: Albany
Official citation:
Appellate results:
See also (multicaptioned case)


Claimant moves this Court for an order compelling defendant to comply with certain outstanding items set forth in claimant's discovery demands dated June 9, 2009. Defendant opposes the motion on the basis that the requested documents have been provided.

The underlying claim alleges that while an inmate at Southport Correctional Facility, claimant was given a dietary loaf which contained ingredients to which he was allergic.

In support of his motion to compel, claimant alleges that defendant failed to provide responses to demands numbered 7, 8, 9 and 10 of his Disclosure Request for Production of Documents filed on July 24, 2009. In response to claimant's motion, defendant indicates that the requested documents were provided to claimant in defendant's Supplemental Response to Claimant's Disclosure Request for Production of Documents, filed and served upon claimant on August 21, 2009. Although not annexed to defendant's opposition papers, the Court notes that it has, in its file, a copy of said Supplemental Response, filed on August 21, 2009, along with an Affidavit of Service reflecting service of the same upon claimant by mail on the same date. Claimant has not submitted any documents in reply to defendant's opposition stating that he has not received said Supplemental Response.

Based upon the foregoing, the Court denied claimant's motion to compel (M-77270) in its entirety.

March 3, 2010

Albany, New York


Judge of the Court of Claims

Papers Considered:

1. Notice of Motion to Compel Discovery, and Affidavit of Johnathan Johnson, in Support of Motion to Compel, sworn to September 15, 2009 and filed September 25, 2009;

2. Affirmation in Opposition of Michael C. Rizzo, AAG, dated October 28, 2009.

Papers Filed: Claim, filed April 22, 2009; Order, filed May 18, 2009; Verified Answer, filed June 5, 2009; Claimant's Disclosure Requests for Production of Documents, filed July 24, 2009; Defendant's Response to Claimant's Disclosure Request for Production of Documents, filed July 2, 2009; and Defendant's Supplemental Response to Claimant's Disclosure Request for Production of Documents, filed August 21, 2009.