Opinion
# 2019-015-104 Claim No. 129666 Motion No. M-92926
01-07-2019
NEHEMIAH NASH v. STATE OF NEW YORK
Nehemiah Nash, Pro Se No Appearance
Synopsis
Pro se inmate's motion to compel discovery was denied as his affidavit of service failed to reflect the service of supporting exhibits as required by CPLR 2214 (c).
Case information
| UID: | 2019-015-104 |
| Claimant(s): | NEHEMIAH NASH |
| Claimant short name: | NASH |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 129666 |
| Motion number(s): | M-92926 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Nehemiah Nash, Pro Se |
| Defendant's attorney: | No Appearance |
| Third-party defendant's attorney: | |
| Signature date: | January 7, 2019 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moves to compel compliance with discovery pursuant to CPLR 3120.
Claimant seeks to compel responses to his First Set of Demands for Discovery and a Notice For Admissions As to Matters of Fact, Papers, Documents, etc. (claimant's Exhibits I and J). The motion cannot be considered on the merits as claimant's affidavit of service appears to indicate that only the notice of motion and three page supporting affidavit were served. CPLR 2214 (c) requires, among other things, that "[o]nly papers served in accordance with the provisions of this rule shall be read in support of, or in opposition to, the motion" (see also 22 NYCRR 206.9 [b]). Inasmuch as the claimant's exhibits were not served on the defendant as required, the Court is unable to consider the merits of the motion.
The only two exhibits submitted by the claimant are Exhibits I and J.
Accordingly, claimant's motion is denied.
January 7, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered:
1. Notice of motion, dated September 10, 2018;
2. Affidavit of Nehemiah Nash, sworn to September 12, 2018, with Exhibits I and J.