Opinion
# 2015-040-065 Claim No. 126452 Motion No. M-87529
12-21-2015
HAROLD JOHNSON v. THE STATE OF NEW YORK
Harold Johnson, Pro Se ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina M. Calabrese, Esq., AAG
Synopsis
Claimant's discovery motion granted in part.
Case information
| UID: | 2015-040-065 |
| Claimant(s): | HAROLD JOHNSON |
| Claimant short name: | JOHNSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126452 |
| Motion number(s): | M-87529 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | Harold Johnson, Pro Se |
|---|---|
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina M. Calabrese, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | December 21, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
For the reasons set forth below, pro se Claimant's Motion for "Discovery and Inspection for any and all documents" that relate to this Claim is granted in part and otherwise denied.
This pro se Claim, which was filed with the Clerk of the Court on July 17, 2015, alleges that, on March 10, 2015 at approximately 1:45 p.m., Claimant, an inmate at Franklin Correctional Facility (hereinafter, "Franklin") located in Malone, New York, exited the building where all the facility laundry is done; that he closed the building's door and all the snow and ice fell off the roof of the building and struck Claimant on the head and neck. Claimant alleges the Defendant was negligent in failing to properly maintain the building's roof by failing to remove the snow and ice. He also alleges that he did not receive prescribed medication.
Claimant, in his Notice of Motion, seeks: (1) accident reports relating to his March 10, 2015 accident that occurred at approximately 1:35 pm; (2) new copies of the 2 page memorandum and the "Accident/Injury Investigation Report" both of which have names redacted, including the names of the "people who filled out [the] report[s];" and (3) new copies of documents and photographs that Claimant has paid for and cannot be read and/or seen.
CPLR § 3101(a) provides that there "shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof."
Assistant Attorney General Christina Calabrese, Esq., has submitted an Affirmation in Opposition to Claimant's motion (hereinafter, "Calabrese Affirmation"). Ms. Calabrese asserts that on October 23, 2015, Defendant sent an unredacted copy of the Inmate Injury Report to Claimant pursuant to Claimant's Demand (Calabrese Affirmation, ¶ 4 and Exhibit A attached thereto). Thus Claimant's motion to compel the production of the Inmate Injury Report is denied as moot.
Ms. Calabrese states in her affirmation that, on October 27, 2015, Defendant received from Claimant an "Affidavit in Support of Motion for Certificate of Readiness for Trial and Note of Issue," with Note of Issue. In the sworn Affidavit, Claimant swears that all discovery is complete (Calabrese Affirmation, ¶ 5 and Exhibit B attached thereto). She states that, based upon the sworn Affidavit made by Claimant in the Note of Issue filed by Claimant, Claimant is ready for trial and does not require any further discovery in this matter, and, thus, the Motion should be denied (Calabrese Affirmation, ¶ 6).
By letter dated November 6, 2015 from Principal Court Attorney Kevin J. Macdonald, the Court advised Claimant that it had received his Note of Issue and Certificate of Readiness. As Section 206.12(a) of the Uniform Rules for the Court of Claims (22 NYCRR § 206.12[a]) does not require the filing of a Note of Issue and Certificate of Readiness for prisoner pro se claims, the document was "received" but not filed.
Regardless of legal semantics, Claimant has copies of the documents he is seeking, however, they are incomplete or of poor quality. Claimant has attached to his Claim a copy of a Franklin memorandum dated March 10, 2015. The name of the sergeant who prepared the memorandum is redacted, as are the names of the two corrections officers who escorted Claimant to the Franklin infirmary. There is also attached a "To/From" Memorandum dated March 10, 2015 to a sergeant from a corrections officer where the names of the employees and the location of the officer's shack are redacted. In addition, copies of four photographs are attached. The copies are so dark, they are unviewable. It is readily apparent to the Court that these are the other documents Claimant is requesting by this motion.
Defendant offers no reason why the names of the employees in the two memoranda are redacted and the Court knows of no reason why they should be. Those employees are possible witnesses and their identities are relevant and necessary to the prosecution of this matter.
Defendant is directed to provide to Claimant unredacted copies of the two above-mentioned memoranda within forty (40) days of the date of filing of this Decision and Order and to advise the Court of the same.
Similarly, Claimant has been provided copies of four photographs of the area where the subject incident allegedly occurred. The copies are so dark, they are unviewable (see copies attached to Claim). Defendant is directed to provide color copies of the four photographs to Claimant so that the items in the photographs are viewable within forty (40) days of the date of filing of this Decision and Order and to advise the Court of same.
Based upon the foregoing, Claimant's motion to compel is granted in part and denied in part.
December 21, 2015
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims The following papers were read and considered by the Court on Claimant's motion to compel: Papers Numbered Notice of Motion, Affidavit in Support 1 Affirmation in Opposition and Exhibits attached 2 Letter in Reply from Claimant 3 Filed Papers: Claim, Answer