|Claimant(s):||CHARLES E. BLANCHARD|
|Claimant short name:||BLANCHARD|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||JUDITH A. HARD|
|Claimant's attorney:||Charles E. Blanchard, 13-A-2857, 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)|
The instant claim was filed on April 28, 2014 seeking damages for injuries sustained when claimant was allegedly assaulted by correction officers at Five Points Correctional Facility. Claimant now seeks an order to compel defendant to produce certain documents, photographs and video footage relevant to his claim.
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." In support of claimant's motion, he attaches a copy of discovery demands served upon defendant on June 11, 2020. Claimant also submits a follow-up letter sent to defendant on November 13, 2020. While defendant did not submit formal opposition to claimant's motion, counsel for defendant sent a letter to the Court, dated February 17, 2021, requesting an adjournment of the motion and advising that the New York State Department of Corrections and Community Supervision (DOCCS) had not yet provided counsel with many of the documents responsive to claimant's request. Counsel for defendant also cited staffing shortages at the facility where the documents are stored. The Court then received a letter from claimant, dated April 30, 2021, advising that defendant still had not provided a response to his discovery demands.
In consideration of the above, it is hereby
ORDERED that claimant's motion (M-96408) is granted; and it is further
ORDERED that defendant shall serve a response to claimant's discovery demands, served on June 11, 2020, no later than thirty (30) days from the date of filing of this Decision and Order. Should defendant fail to comply, the Court will entertain a motion for sanctions.
June 29, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims
1. Notice of Motion, dated January 20, 2021, with Attachments.
2. Letter from Ray A. Kyles, AAG, dated February 17, 2021.3. Letter from claimant, dated April 30, 2021.