Opinion
# 2015-050-018 Claim No. 125064 Motion No. M-86327
05-01-2015
CLIFTON GORING v. THE STATE OF NEW YORK
Clifton Goring, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Gregory P. Miller, Assistant Attorney General
Synopsis
The Court denied claimant's motion to compel defendant to admit matters of fact because it was improper and moot.
Case information
| UID: | 2015-050-018 |
| Claimant(s): | CLIFTON GORING |
| Claimant short name: | GORING |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125064 |
| Motion number(s): | M-86327 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Clifton Goring, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Gregory P. Miller, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 1, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
In this action, the claimant seeks damages in the amount of $10,000.00 asserting that he had been forced to take "ice cold showers" while residing in the Mental Health Unit of defendant's Wende Correctional Facility. Claimant alleges that forcing him to endure ice cold showers is cruel and unusual punishment.
The claim was filed on October 1, 2014. Issue was joined by the service of an answer dated November 14, 2014. Claimant now moves for an order "forcing the defendant to reply to the claimant's motion to admit" (see claimant's Notice of Motion dated February 3, 2015). Defendant's opposition to the motion was filed on March 4, 2015.
CPLR 3123 (a) allows 20 days after a Notice to Admit is served for a response to be served. In the instant case, claimant served the Notice to Admit on February 5, 2015 (received by defendant on February 10, 2015). The defendant's response to said Notice to Admit was served upon claimant on February 12, 2015, rendering this motion moot. Further, CPLR 3124 does not permit a motion to compel a response to a Notice to Admit under CPLR 3123.
Accordingly, it is
ORDERED, that claimant's motion number M-86327 is denied.
May 1, 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: 1. Notice of Motion, Affidavit in Support with Exhibits A and B. 2. Defendant's Affirmation with Exhibits A through C. 3. Claimant's Letter dated March 9, 2015.