New York State Court of Claims

Decision

Although claimant failed to support his motion with a copy of the claim, he indicates his claim arises from the failure of the Department of Corrections and Community Supervision (DOCCS) to permit him to use general library services during the time he was confined to the Special Housing Unit. With regard to the instant motion, claimant states that he "ask[ed] defendant to produce any type [of] documents with claimant['s] signature and cell number requesting General Library services while confined in [Special Housing Unit]" (Scott affidavit, ¶ 6). However, a request for these documents was not included in his notice for discovery and inspection (claimant's Exhibit A). Moreover, defense counsel states in opposition to the motion that, with the exception of various regulations requested by the claimant, the "[d]efendant fully responded to claimant's demands" (defendant's Exhibit A, Reilly affirmation, ¶ 4). To the extent defendant objected to claimant's request that he be provided copies of various DOCCS regulations, such information is publicly available and therefore equally accessible to the claimant. Defendant's objection to this request was therefore proper.