New York State Court of Claims

New York State Court of Claims
DOLBERRY v. THE STATE OF NEW YORK, # 2018-040-008, Claim No. 129253, Motion No. M-91459

Synopsis

Claimant's Motion directing Defendant to depose him denied.

Case information

UID: 2018-040-008
Claimant(s): ANDREW DOLBERRY
Claimant short name: DOLBERRY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129253
Motion number(s): M-91459
Cross-motion number(s):
Judge: CHRISTOPHER J. McCARTHY
Claimant's attorney: Andre Dolberry, Pro Se
Defendant's attorney: ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: Christina Calabrese, Esq., AAG
Third-party defendant's attorney:
Signature date: February 1, 2018
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

For the reasons set forth below, the Motion of pro se Claimant, Andre Dolberry, for an Order directing the deposition of Claimant is denied.

This pro se Claim, which was filed in the office of the Clerk of the Court on February 1, 2017, alleges that, on August 18, 2016, while incarcerated at Franklin Correctional Facility, Claimant was assaulted by four inmates as a result of the State's failure to properly supervise them. The Claim also asserts that Claimant lost some of his personal property when, after the assault, he was transferred to the Special Housing Unit.

CPLR 3106(a) provides that, after an action is commenced, any party may take the testimony of any person by deposition. The operative words in the statute are "may take." There is no requirement that any party take another's deposition. It is not for the Court to order a party to expend the money and time to take a deposition of another party. Whether a deposition of a particular person is conducted is left to the discretion of the parties.

Therefore, Claimant's Motion to have the State take his deposition is denied.

February 1, 2018

Albany, New York

CHRISTOPHER J. McCARTHY

Judge of the Court of Claims

The following papers were read and considered by the Court on Claimant's Motion:

Papers Numbered

Notice of Motion and Statement in Support 1

Affirmation in Opposition 2

Papers Filed: Claim, Answer