Opinion
# 2015-015-107 Claim No. 124309 Motion No. M-87171
12-15-2015
CARLOS ABREU v. THE STATE OF NEW YORK
Carlos Abreu, Pro Se Honorable Eric T. Schneiderman, Attorney General By: Thomas Trace, Esquire Assistant Attorney General
Synopsis
Motion to compel discovery served simultaneously with a discovery demand was denied.
Case information
| UID: | 2015-015-107 |
| Claimant(s): | CARLOS ABREU |
| Claimant short name: | ABREU |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124309 |
| Motion number(s): | M-87171 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Carlos Abreu, Pro Se |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Thomas Trace, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 15, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moves for an Order granting his request for discovery.
Claimant, proceeding pro se, seeks damages for delayed medical treatment for an injury he allegedly sustained while confined at the New York Psychiatric Center.
A necessary prerequisite to a motion to compel disclosure is the service of a notice for disclosure or other disclosure device (CPLR § 3102 [b]; CPLR 3124). A party has "not less than twenty days after service of the notice" to respond (CPLR 3120 [2]; see also CPLR 2103 [b] [2][five additional days may be added if service is by mail]). A motion to compel compliance or a response is then appropriate "[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand" (CPLR 3124).
The notice for discovery in the instant action was served simultaneously with the subject motion and defense counsel indicates it has timely responded. Accordingly, the claimant's motion is denied as both premature and unnecessary.
December 15, 2015
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims The Court considered the following papers: 1. Notice of motion dated July 27, 2015 with attachment; 2. Affirmation of Thomas Trace dated September 3, 2015.