New York State Court of Claims

New York State Court of Claims
VIDAL v. THE STATE OF NEW YORK, # 2018-038-588, Claim No. 126533, Motion No. M-92720

Synopsis

Claimant's motion to compel answers to notices of deposition on written questions denied. Claimant did not demonstrate that proposed deponents had been served with the written questions or that they had stipulated to answering them, or that they were located outside the state (see CPLR 3107, 3108).

Case information

UID: 2018-038-588
Claimant(s): JOSEPH VIDAL
Claimant short name: VIDAL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 126533
Motion number(s): M-92720
Cross-motion number(s):
Judge: W. BROOKS DeBOW
Claimant's attorney: JOSEPH VIDAL, Pro se
Defendant's attorney: BARBARA D. UNDERWOOD, Attorney General
of the State of New York
By: J. Gardner Ryan, Assistant Attorney General
Third-party defendant's attorney:
Signature date: November 1, 2018
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, an individual incarcerated in a State correctional facility, has filed this claim seeking monetary compensation for allegedly wrongful confinement in keeplock at Green Haven Correctional Facility and for lost personal property. He moves to compel defendant to answer several "Notices of Deposition on Written Questions" (the "Notices") by which he seeks information from correction officers. Defendant opposes the motion, stating that it has advised claimant that it would not be responding to the Notices because the Notices were not personally served upon the individuals to whom they are addressed (see CPLR 3107), and because no factual basis supports the request for written depositions.

CPLR 3108 limits the circumstances under which "deposition[s] may be taken on written questions [to] when the examining party and the deponent so stipulate or when the testimony is to be taken without the state" (CPLR 3108). Defendant asserts that the proposed deponents have not stipulated to such depositions and that upon counsel's information and belief, none of the proposed deponents are outside the state. Defendant further asserts that claimant has not demonstrated any other basis upon which he is authorized or entitled to request and receive answers to depositions upon written questions (see Ryan Affirmation,  3,4). Claimant has not responded otherwise. Accordingly, it is

ORDERED, that claimant's motion to compel answers to the Notices of Deposition on Written Questions is DENIED.

November 1, 2018

Saratoga Springs, New York

W. BROOKS DeBOW

Judge of the Court of Claims

Papers considered:

(1) Verified Claim Number 126533, filed July 31, 2015;

(2) Verified Answer, filed August 27, 2015;

(3) Notice of Motion, dated August 13, 2018 and filed August 16, 2018;

(4) Affidavit of Joseph Vidal in Support of Motion to Compel Answers to Deposition on

Written Questions, sworn to August 13, 2018, with Exhibits R, T, and 2;

(5) Affirmation of J. Gardner Ryan, AAG, dated August 29, 2018.