Opinion
# 2017-015-264 Claim No. 128944 Motion No. M-90761
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 disclosure was denied.
Case information
| UID: | 2017-015-264 |
| 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-90761 |
| 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 to compel disclosure of certain records.
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. A necessary prerequisite to a motion to compel disclosure is the service of a disclosure notice (CPLR § 3102 [a], [b]). 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). Defendant opposes the instant motion on the ground claimant has failed to serve any such request, notice, interrogatory or demand for disclosure. Inasmuch as claimant has not demonstrated that defendant failed to respond to a duly served notice for disclosure, the instant motion must be denied.
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 5, 2017;
2. Affidavit of Terrance Anderson, sworn to on July 11, 2017;
3. Affirmation in Opposition, dated July 31, 2017, with exhibit A;
4. Affidavit of Terrance Anderson, sworn to on August 7, 2017, with exhibit A.