Opinion
# 2015-050-006 Claim No. 122709 Motion No. M-85810
01-30-2015
TERRY FULWILEY v. THE STATE OF NEW YORK
Terry Fulwiley, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Darren Longo, Assistant Attorney General
Synopsis
Claimant moved for relief pursuant to CPLR 3214, specifically, for an order compelling defendant to comply with a notice for discovery and inspection served by claimant. The defendant, in his Reply Affirmation, represents that he mailed the Defendant's Bill of Particulars on November 13, 2014. Defendant also answered Claimant's discovery request in said Reply Affirmation. The claimant's motion is denied as moot.
Case information
UID: | 2015-050-006 |
Claimant(s): | TERRY FULWILEY |
Claimant short name: | FULWILEY |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 122709 |
Motion number(s): | M-85810 |
Cross-motion number(s): | |
Judge: | STEPHEN J. LYNCH |
Claimant's attorney: | Terry Fulwiley, Pro Se |
Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Darren Longo, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | January 30, 2015 |
City: | Hauppauge |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
Claimant moves for relief pursuant to CPLR 3214, specifically, for an order compelling defendant to comply with claimant's demand for complete and full discovery," which is in the nature of a notice for discovery and inspection served on July 1, 2014 and demand for a bill of particulars as to affirmative defenses. In opposing the motion, defendant's attorney asserts that he has complied with all discovery requests.
After this moitn was served the defendant served its bill of particulars in response to claimant's demand for a bill of particulars. The defendant has laos responded to the claimant's "demand for complete and full discovery" through the affitmation of defendnat's counsel who, in gerneral terms, indicates that requests for inforamtion and itenms of evidence have been conveyed by counsel and that responses will be provided when available.
Insofar as the climant seeks releif concerning the claimant's demand for a bill of particulars as to affirmative defenses, the motion is denied at moot. The remainder of the motion, directed at the (so designated) "demand for complete and full discovery and inspection") is determined as follows: Defendant is compelled to provide to claimant a written detailed responmse to the claimant's demand served July 1, 2013 within 60 days of the filing of this decision and order and the response shall be by affidavits(s) of person(s) with knowledge concerning the particular items of said demand. Such response shall be served and filed within the said 60-day period.
January 30, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims
The following papers were read and considered by the Court on the claimant's motion and the defendant's cross-motion:
1. Claimant's Notice of Motion, Affidavit with Exhibits A through E.
2. Defendant's Reply Affirmation.