Claimant's motion to compel disclosure was denied.
|Claimant short name:||ANDERSON|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|See also (multicaptioned case)|
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