New York State Court of Claims

New York State Court of Claims
JOHNSON v. THE STATE OF NEW YORK, # 2010-032-017, Claim No. 110055, Motion No. M-77719


Case information

UID: 2010-032-017
Claimant short name: JOHNSON
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 110055
Motion number(s): M-77719
Cross-motion number(s):
Claimant's attorney: Johnathan Johnson, Pro Se
Defendant's attorney: Hon. Andrew M. Cuomo, NYS Attorney General
By: Roberto Barbosa, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:
Signature date: April 15, 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 December 10, 2009. Defendant opposes the motion on the basis that it provided a response to claimant's discovery demands on December 21, 2009, and in that response advised claimant that it was ascertaining whether documents existed and that all documents relevant to claimant's request would be provided upon receipt of payment for the same.

The underlying claim alleges that while an inmate at Southport Correctional Facility, various prison officials improperly refused to issue him legal advances for the mailing of various legal documents.

Claimant alleges in his motion that all of the documents requested are relevant and necessary for prosecuting his claim. In its response, defendant does not dispute that the documents are relevant but merely provides that if they exist, they will be provided upon receipt of payment from claimant at the rate of $0.50 per page for medical documents, and $0.25 per page for all other documents. As defendant is not liable for the costs of photocopying documents that are sought pursuant to a discovery request (see Shell v State of New York, 307 AD2d 761, 762 [4th Dept 2003], lv denied 1 NY3d 505 [2003]; Civil Rights Law 79 [3] and 79-a [3]), the Court finds defendant's position to be appropriate.

Accordingly, claimant's motion to compel (M-77719) is denied.

April 15, 2010

Albany, New York


Judge of the Court of Claims

Papers Considered:

1. Notice of Motion to Compel Disclosure Requests, and Affidavit of Johnathan Johnson, in Support of Motion to Compel Disclosure Requests, sworn to January 5, 2010; and

2. Affirmation in Opposition of Roberto Barbosa, AAG, dated February 11, 2010.

Papers Filed: Claim, filed November 4, 2004; Order, filed November 17, 2004; Decision and Order, filed February 22, 2005; and Verified Answer, filed November 23, 2005.