Opinion
# 2015-015-111 Claim No. 122521 Motion No. M-87249
12-17-2015
CHANDRABHUSHAN ANAND v. THE STATE OF NEW YORK
Chandrabhushan Anand, Pro Se No Appearance Honorable Eric T. Schneiderman, Attorney General By: Michael C. Rizzo, Esquire Assistant Attorney General
Synopsis
Motion to compel claimant to appear for an examination before trial was granted.
Case information
| UID: | 2015-015-111 |
| Claimant(s): | CHANDRABHUSHAN ANAND |
| Claimant short name: | ANAND |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption is amended sua sponte to reflect the only properly named defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 122521 |
| Motion number(s): | M-87249 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Chandrabhushan Anand, Pro Se No Appearance |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Michael C. Rizzo, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 17, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves to compel claimant to appear for an examination before trial.
Claimant, a former employee of the New York State Division of Housing and Community Renewal, commenced this action seeking overtime pay and reimbursement for expenses incurred during the course of his employment. Defendant answered the claim and asserted a counterclaim alleging it is owed $1,824.46 for various unauthorized expenses incurred by the claimant which he paid by utilizing a state-issued credit card.
Defendant served a Notice of Examination before trial, together with its answer, on or about April 17, 2013. Thereafter, defense counsel sent claimant letters, dated April 20, 2015 and May 22, 2015, attempting to schedule the claimant's deposition. Defense counsel states that on both occasions, claimant indicated that he was out of the country and ill. Thereafter, defense counsel requested a conference with the Court before resorting to motion practice (see 22 NYCRR 206.8 [b]). Although the conference was scheduled for July 29, 2015, claimant telephoned Chambers a few minutes before the conference was scheduled to begin, stating he would not be able to attend due to illness. The Court informed defense counsel and the instant motion followed.
CPLR 3107 provides that a party desiring to take the deposition of any person upon oral examination "shall give to each party twenty days' notice . . . in writing, stating the time and place for taking the deposition, [and] the name and address of each person to be examined." Defendant provided the requisite notice in its Notice of Examination Before Trial (defendant's Exhibit 3) and subsequent letters dated April 20, 2015 and May 22, 2015, setting forth the dates and times of the scheduled deposition (Exhibit 4). While claimant has now formally changed his address to India, he will have to return to this country for discovery if he intends to prosecute his claim and defend the counterclaim which has been asserted against him. As a result, an Order compelling claimant to submit to an examination before trial is in all respects proper and necessary (see CPLR 3124).
Accordingly, defendant's motion is granted and claimant is hereby Ordered to make himself available for an examination before trial, at a time and place to be designated by defense counsel, within 45 days of the date this Decision and Order is filed.
December 17, 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 August 7, 2015;
2. Affidavit of Michael C. Rizzo sworn to August 7, 2015 with exhibits 1 - 6.