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Holmes v. State

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 529 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Court of Claims (Corbett, J.).


Ordered that the order is modified by adding a provision thereto that Items 1 and 2 of the claimant's notice of discovery and inspection are limited to those portions of the inmates' files that are material and necessary to the claim; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Items 1 and 2 of the claimant's notice of discovery and inspection, which requested the claimant's and inmate Conrad Heron's complete State prisoner files, should be limited to those portions of the files which are material and necessary (see, CPLR 3101 [a]) to the claim (e.g., exclusive of dental records, package room records, visitor and phone lists, clothing and personal property lists, work and classification records, educational and vocational records, etc.). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

Holmes v. State

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 529 (N.Y. App. Div. 1995)
Case details for

Holmes v. State

Case Details

Full title:MARK HOLMES, Respondent, v. STATE OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 26, 1995

Citations

216 A.D.2d 529 (N.Y. App. Div. 1995)
628 N.Y.S.2d 778