New York State Court of Claims

New York State Court of Claims
FALLS v. THE STATE OF NEW YORK, # 2020-053-525, Claim No. 133906, Motion No. M-95363

Synopsis

Pro se claimant moved to compel the State to respond to his pretrial discovery demands. The State responded to claimant's demands after filing of this motion and claimant did not reply or argue that the response was incomplete or improper. The motion is denied as moot.

Case information

UID: 2020-053-525
Claimant(s): R.F.
Claimant short name: FALLS
Footnote (claimant name) : Claimant alleges in claim no. 133906 that he was the victim of a sexual assault. Accordingly, the caption has been amended sua sponte in accordance with Civil Rights Law 50-b(1).
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 133906
Motion number(s): M-95363
Cross-motion number(s):
Judge: J. DAVID SAMPSON
Claimant's attorney: R.F., Pro Se
Defendant's attorney: HON. LETITIA JAMES
New York State Attorney General
BY: Timothy J. Flynn, Esq.
Assistant Attorney General
Third-party defendant's attorney:
Signature date: July 9, 2020
City: Buffalo
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant R.F., an inmate proceeding pro se, alleged in claim no. 133906 that he was subjected to sexual assault, assault, battery, excessive force and negligent supervision on August 7, 2019, while incarcerated at Collins Correctional Facility (Collins). Claimant moved to compel defendant to respond to his notice for discovery and inspection. Defendant opposed the motion and attached a copy of it's response to claimant's discovery notice.

On or about January 8, 2020, claimant served upon defendant claimant's demand for discovery and inspection (Defendant's Exhibit C). On February 14, 2020, claimant filed this motion to compel defendant to respond to his discovery demand. On or about May 8, 2020, defendant responded to claimant's demand by producing reports, documents and photographs (Defendant's Exhibit D). Claimant has not replied to defendant's response or argued that it's response is incomplete or improper. Inasmuch as defendant has replied to claimant's discovery demand, claimant's motion will be denied as moot (Jones v State of New York, UID No. 2019-038-548 [Ct Cl, J. DeBOW, June 19, 2019).

Accordingly, claimant's motion no. M-95363 is denied as moot.

July 9, 2020

Buffalo, New York

J. DAVID SAMPSON

Judge of the Court of Claims

The following have been read and considered:

1. Notice of motion and affidavit of R.F. sworn to February 10, 2020;

2. Opposing affidavit of Assistant Attorney General Timothy J. Flynn sworn to June 18, 2020, with annexed Exhibits A-D.