Opinion
# 2018-041-047 Claim No. 128045 Motion No. M-90814
06-27-2018
MANUEL NUNEZ v. THE STATE OF NEW YORK
MANUEL NUNEZ Pro Se HON. BARBARA D. UNDERWOOD New York State Attorney General By: Glenn C. King, Esq. Assistant Attorney General
Synopsis
Defendant is directed to disclose via "controlled review" relevant portion of Office of Special Investigations Report to inmate-claimant.
Case information
| UID: | 2018-041-047 |
| Claimant(s): | MANUEL NUNEZ |
| Claimant short name: | NUNEZ |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 128045 |
| Motion number(s): | M-90814 |
| Cross-motion number(s): | |
| Judge: | FRANK P. MILANO |
| Claimant's attorney: | MANUEL NUNEZ Pro Se |
| Defendant's attorney: | HON. BARBARA D. UNDERWOOD New York State Attorney General By: Glenn C. King, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | June 27, 2018 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moves to compel defendant to comply with his discovery demands. Defendant opposes the claimant's motion.
The claim includes causes of action for lost personal property, assault by correction officers, wrongful confinement and medical negligence, all occurring during June and July of 2015.
Defendant has substantially complied with claimant's discovery requests, with the exception of documents and materials relating to an investigation into the incidents underlying the claim by the Department of Corrections and Community Supervision's Office of Special Investigations (OSI Report).
Defendant objects to disclosure of the OSI Report on the basis of the public interest privilege (see Lowrance v State of New York, 185 AD2d 268, 269 [2d Dept 1992]). The public interest privilege against disclosure, as described in Lowrance (185 AD2d at 269), must be weighed against the claimant's right to disclosure of information relevant and material to the claim (see CPLR 3101; Marten v Eden Park Health Services Inc., 250 AD2d 44, 46 [3d Dept 1998]).
The Court has reviewed the OSI Report, in camera, to determine what, if any, relevant non-privileged material should be disclosed.
The Court directs that Mr. Nunez's paragraph on page 6 of the OSI Report be disclosed to claimant.
The Court has also reviewed the defendant's letter of June 15, 2018 regarding a proposed procedure for disclosure to claimant of Mr. Nunez's paragraph on page 6 of the OSI Report.
The Court finds that the procedure set forth in the defendant's letter of June 15, 2018 is an acceptable manner of disclosure of the relevant portion of the OSI Report.
The Court orders that claimant be provided a "controlled review" of the aforementioned paragraph of the OSI Report, in which claimant will be given ample time to review the paragraph with a representative of defendant present. Claimant may make and retain notes regarding the provided document but will not otherwise possess or be given a copy of the document.
The Court is returning to defendant the unredacted OSI Report.
June 27, 2018
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
Papers Considered:
1. Claimant's Motion To Compel Discovery, filed July 19, 2017, and attachments; 2. Affirmation in Opposition of Glenn C. King, dated August 31, 2017, and attached exhibits; 3. Reply Affirmation of Manuel Nunez, dated September 8, 2017; 4. Court's letter of October 31, 2017; 5. Claimant's letters of November 6 and 16, 2017, respectively; 6. Letter of Glenn C. King, dated April 17, 2018, enclosing unredacted OSI Report; 7. Letter of Glenn C. King, dated June 15, 2018.