|Claimant(s):||LA SEAN ANDERSON, 12-A-2895|
|Claimant short name:||ANDERSON|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||JUDITH A. HARD|
|Claimant's attorney:||La Sean Anderson, 12-A-2895, Pro Se|
|Defendant's attorney:||Hon. Letitia James, Attorney General
By: Ray A. Kyles, AAG
|Third-party defendant's attorney:|
|Signature date:||June 29, 2021|
|See also (multicaptioned case)|
Claimant, an inmate proceeding pro se, filed the instant claim for wrongful confinement on June 24, 2020. Claimant now moves to compel the production of certain discovery items. Defendant opposes the motion.
In response to claimant's motion to compel, defendant submitted an affirmation stating that claimant failed to serve any demands for discovery prior to filing the motion (Affirmation of Ray A. Kyles, AAG, ¶ 4). Claimant's motion papers do not contain a copy of any discovery demands served upon the Office of the Attorney General (OAG), nor does claimant make any statement establishing that he served discovery demands on the OAG prior to filing the instant motion.
CPLR 3124 states: "[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article . . . the party seeking disclosure may move to compel compliance or a response." Because claimant failed to show that he served defendant with discovery demands, the instant motion to compel is not properly before the Court and must be denied (McRae v State of New York, UID No. 2015-053-523 [Ct Cl, Sampson, J., Dec. 21, 2015]; Lashway v State of New York, UID No. 2013-049-027 [Ct Cl, Weinstein, J., June 3, 2013]).(1) Claimant must first serve discovery demands upon defendant prior to filing a motion to compel the production of those items of discovery.
Based upon the foregoing, claimant's motion to compel discovery (M-96388) is denied.
June 29, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims
1. Notice of Motion Pursuant to CPLR 3120, dated January 7, 2021; and Affidavit in Support of Motion Pursuant to CPLR 3120, sworn to on January 7, 2021, with Attachments.2. Defendant's Affirmation in Opposition to Claimant's Motion to Compel, affirmed by Ray A. Kyles, AAG on February 3, 2021, with Exhibit A annexed thereto.
1. Unpublished decisions and selected orders of the Court of Claims are available at http://www.nyscourtofclaims.state.ny.us.