New York State Court of Claims

New York State Court of Claims
GUMBS v. THE STATE OF NEW YORK, # 2021-015-109, Claim No. 133584, Motion No. M-97344

Synopsis

Pro se claimant's motion to compel discovery was denied as he failed to first serve a demand for discovery.

Case information

UID: 2021-015-109
Claimant(s): ANTON GUMBS
Claimant short name: GUMBS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 133584
Motion number(s): M-97344
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Anton Gumbs, Pro Se
Defendant's attorney: No Appearance
Third-party defendant's attorney:
Signature date: December 1, 2021
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves to compel discovery.

Claimant, an incarcerated individual, seeks damages for the conditions of his confinement at Great Meadow Correctional Facility after he was allegedly placed in an unheated observation cell on a drug watch on November 30, 2018. According to the claimant, he was subjected to the stench of feces on the walls and bed and deprived of certain personal items which were required to be provided.

It appears claimant filed the instant motion seeking discovery before having served a notice for discovery on defense counsel. Document discovery is generally obtained on notice without leave of court (CPLR 3102 [b]). A motion to compel compliance or a response is only appropriate "[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand" (CPLR 3124). Claimant must first serve defense counsel with a notice for discovery and, in the event of its failure to appropriately respond, he may then move to compel compliance pursuant to CPLR 3124.

Accordingly, claimant's motion is denied.

December 1, 2021

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

1. Notice of motion dated October 1, 2021;

2. Affidavit in support sworn to October 1, 2021.