New York State Court of Claims

New York State Court of Claims
SCOTT v. STATE OF NEW YORK, # 2020-015-066, Claim No. 130622, Motion No. M-95513

Synopsis

Claimant's discovery motion was denied as he failed to support his motion with a copy of the discovery demand to which he sought a response.

Case information

UID: 2020-015-066
Claimant(s): RANDOLPH SCOTT
Claimant short name: SCOTT
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 130622
Motion number(s): M-95513
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Randolph Scott, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Michael T. Krenrich, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: August 18, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves to strike defendant's answer or, in the alternative, to compel compliance with his demands for discovery and inspection.

The instant claim, which is handwritten and difficult to decipher, alleges claimant was injured on September 24, 2017 when he fell due to the negligence of the Department of Corrections and Community Supervision (DOCCS) in depriving him of the use of a cane during the course of his incarceration.

Although the claimant's failure to support his motion with a copy of a duly served discovery demand would ordinarily require denial of his motion, defendant responded to the motion by providing a copy of its response to claimant's discovery demand. Review of the response indicates the defendant provided claimant with copies of certain documents that he requested. To the extent defendant objected to claimant's demands numbered "4" through "15," primarily on the basis that defense counsel "does not understand this demand and it appears to be incomplete," the Court is unable to determine the propriety of the objections without a copy of the discovery notice at issue (defendant's Exhibit A, p. 2).

Accordingly, claimant's motion is denied.

August 18, 2020

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Claim No. 130622 filed November 24, 2017;
  1. Notice of motion dated March 13, 2020;
  2. Affidavit of Randolph Scott sworn to March 13, 2020;
  3. Affirmation in response dated August 3, 2020, with Exhibit A.