Claimant's motion to compel a response to his request for admissions 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 "for admissions by the Defendant" with regard to certain facts underlying his claim (claimant's affidavit in support, ¶ 2).
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.
It appears from the papers submitted in support of the motion that claimant is confused about the proper procedure for requesting admissions from a party. CPLR 3123 permits a party to serve upon any other party a written request for certain admissions, including "the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial." Here, claimant moved to compel a response to his request for admissions without serving the defendant with a notice to admit. CPLR 3123 (a) requires service on the party from whom the admissions are sought and in the event that party does not respond within 20 days after service (plus 5 days for mailing [CPLR 2103 (b) (2)]), "[e]ach of the matters of which an admission is requested shall be deemed admitted" [emphasis added]).
Accordingly, claimant's motion is denied.
September 21, 2017
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims