New York State Court of Claims

New York State Court of Claims
ANDERSON v. THE STATE OF NEW YORK, # 2017-015-264, Claim No. 128944, Motion No. M-90761

Synopsis

Claimant's motion to compel disclosure was denied.

Case information

UID: 2017-015-264
Claimant(s): TERRANCE ANDERSON
Claimant short name: ANDERSON
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128944
Motion number(s): M-90761
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Terrance Anderson, Pro se
Defendant's attorney: Honorable Eric T. Schneiderman, Attorney General
By: Michael T. Krenrich, Esq.
Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 21, 2017
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves to compel disclosure of certain records.

Claimant, an inmate, seeks damages for wrongful confinement to the Special Housing Unit at Great Meadow Correctional Facility following a Tier 3 hearing in which he was found guilty of violating certain disciplinary rules. A necessary prerequisite to a motion to compel disclosure is the service of a disclosure notice (CPLR 3102 [a], [b]). A motion to compel compliance or a response is then appropriate "[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand" (CPLR 3124). Defendant opposes the instant motion on the ground claimant has failed to serve any such request, notice, interrogatory or demand for disclosure. Inasmuch as claimant has not demonstrated that defendant failed to respond to a duly served notice for disclosure, the instant motion must be denied.

Accordingly, claimant's motion is denied.

September 21, 2017

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of Motion, dated July 5, 2017;
  2. Affidavit of Terrance Anderson, sworn to on July 11, 2017;
  3. Affirmation in Opposition, dated July 31, 2017, with exhibit A;
  4. Affidavit of Terrance Anderson, sworn to on August 7, 2017, with exhibit A.