New York State Court of Claims

New York State Court of Claims
BLANCHARD v. STATE OF NEW YORK, # 2021-032-059, Claim No. 124284, Motion No. M-96408

Synopsis

Case information

UID: 2021-032-059
Claimant(s): CHARLES E. BLANCHARD
Claimant short name: BLANCHARD
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124284
Motion number(s): M-96408
Cross-motion number(s):
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
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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

Papers Considered:

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.