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Lewis v. State

New York State Court of Claims
Mar 4, 2015
# 2015-015-043 (N.Y. Ct. Cl. Mar. 4, 2015)

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.


Summaries of

Lewis v. State

New York State Court of Claims
Mar 4, 2015
# 2015-015-043 (N.Y. Ct. Cl. Mar. 4, 2015)
Case details for

Lewis v. State

Case Details

Full title:MELVIN LEWIS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: Mar 4, 2015

Citations

# 2015-015-043 (N.Y. Ct. Cl. Mar. 4, 2015)