Opinion
# 2015-015-043 Claim No. 123684 Motion No. M-85897
03-04-2015
MELVIN LEWIS v. THE STATE OF NEW YORK
Melvin Lewis, Pro Se Honorable Eric T. Schneiderman, Attorney General By: Douglas R. Kemp, Esquire Assistant Attorney General
Synopsis
Motion by pro se inmate for the issuance of a subpoena duces tecum was denied. A subpoena may not be used for the purpose of discovery or to ascertain the existence of evidence.
Case information
UID: | 2015-015-043 |
Claimant(s): | MELVIN LEWIS |
Claimant short name: | LEWIS |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 123684 |
Motion number(s): | M-85897 |
Cross-motion number(s): | |
Judge: | FRANCIS T. COLLINS |
Claimant's attorney: | Melvin Lewis, Pro Se |
Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Douglas R. Kemp, Esquire Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | March 4, 2015 |
City: | Saratoga Springs |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
Claimant, a pro se inmate, seeks the issuance of a subpoena duces tecum to obtain the production of documents relating to his personal injury claim. The law is well settled that "a subpoena duces tecum may not be used for the purpose of discovery or to ascertain the existence of evidence" (Matter of Watertown City Sch. Dist. v Anonymous, 120 AD3d 1587 [4th Dept 2014] [citation omitted]). Nevertheless, defense counsel states that the defendant has elected "to treat this subpoena as a discovery demand" and has graciously agreed to search for and produce, if appropriate, the requested documents without the need for a subpoena. Accordingly, it is hereby
Ordered that claimant's motion is denied except to the extent that defendant shall, within twenty days of the date this Decision and Order is filed, respond to claimant's request for the documents listed in paragraph 5 of his affidavit sworn to on October 30, 2014.
March 4, 2015
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
Notice of motion dated October 30, 2014;
Affidavit of Melvin Lewis sworn to October 30, 2014;
Affirmation of Douglas R. Kemp affirmed November 25, 2014 with exhibit.