Claimant's motion to compel discovery was denied as the document he seeks was attached to the filed claim.
|Claimant short name:||SCOTT|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Randolph Scott, Pro Se|
|Defendant's attorney:||Honorable Letitia James, Attorney General
By: Thomas J. Reilly, Esq., Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||July 21, 2021|
|See also (multicaptioned case)|
Claimant moves to compel disclosure or, in the alternative, strike defendant's Answer for its willful failure to comply with discovery.
Claimant, a pro se inmate, has filed motions in several of his claims seeking disclosure of certain documents. By Decision and Order dated November 9, 2020 the Court denied claimant's motion to compel because he sought copies of regulations that were publicly available and defense counsel represented that the remaining items sought had been provided. Although defense counsel represents that "the Court has already denied claimant's previous motion seeking the exact same relief" (Reilly affirmation, ¶ 4), this contention is not entirely supported by the prior Decision and Order resolving the previous motion (defendant's Exhibit A). With respect to claimant's request for his "inmate grievance dated September 27, 2017 while confined at Upstate C.F.," it does not appear from the Decision and Order that this document was previously requested (claimant's Exhibit A, p. 2). Nevertheless, the Court notes that a copy of the grievance, dated September 27, 2017, is attached to the filed claim. As the claimant's discovery request seeks information which is already in his possession, his motion to compel its production must be denied. That portion of the motion seeking production of Department of Corrections and Community Supervision regulations which are publicly available and accessible to the claimant is also denied.Accordingly, claimant's motion is denied.
July 21, 2021
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
1. Undated Notice of Motion filed May 27, 2021;
2. Claimant's affidavit sworn to May 24, 2021, with Exhibit A;
3. Affirmation in opposition dated June 1, 2021, with Exhibit A.