Opinion
# 2017-015-265 Claim No. 128944 Motion No. M-90762
09-21-2017
TERRANCE ANDERSON v. THE STATE OF NEW YORK
Terrance Anderson, Pro se Honorable Eric T. Schneiderman, Attorney General By: Michael T. Krenrich, Esq. Assistant Attorney General
Synopsis
Claimant's motion to compel a response to his request for admissions was denied.
Case information
| UID: | 2017-015-265 |
| Claimant(s): | TERRANCE ANDERSON |
| Claimant short name: | ANDERSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 128944 |
| Motion number(s): | M-90762 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Terrance Anderson, Pro se |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Michael T. Krenrich, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | September 21, 2017 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, proceeding pro se, moves "for admissions by the Defendant" with regard to certain facts underlying his claim (claimant's affidavit in support, ¶ 2).
Claimant, an inmate, seeks damages for wrongful confinement to the Special Housing Unit at Great Meadow Correctional Facility following a Tier 3 hearing in which he was found guilty of violating certain disciplinary rules.
It appears from the papers submitted in support of the motion that claimant is confused about the proper procedure for requesting admissions from a party. CPLR 3123 permits a party to serve upon any other party a written request for certain admissions, including "the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial." Here, claimant moved to compel a response to his request for admissions without serving the defendant with a notice to admit. CPLR 3123 (a) requires service on the party from whom the admissions are sought and in the event that party does not respond within 20 days after service (plus 5 days for mailing [CPLR 2103 (b) (2)]), "[e]ach of the matters of which an admission is requested shall be deemed admitted" [emphasis added]).
Accordingly, claimant's motion is denied.
September 21, 2017
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of Motion, dated July 11, 2017;
2. Affidavit of Terrance Anderson, sworn to July 11, 2017;
3. Affirmation in Opposition, dated July 31, 2017, with exhibit A;
4. Affidavit of Terrance Anderson, sworn to August 7, 2017, with exhibit A.