Opinion
# 2011-015-286Claim No. 120065Motion # 2011-015-286Claim No. M-80343M-80413
12-21-2011
RAMOS v. THE STATE OF NEW YORK
Synopsis
Motion to compel discovery was denied as it was not supported by a demand for discovery. Case informationDecision
Claimant moves for an Order compelling discovery pursuant to CPLR 3120 (Motion Number M-80343) and CPLR 3101 (Motion Number M-80413).
Claimant filed a document denominated a "[L]ate Notice [O]f [I]ntention [T]o [F]ile [C]laim" in the Office of the Clerk of the Court of Claims on July 5, 2011. The document purports to advise the State of claimant's intention to file a claim relating to an alleged assault by correction officers on March 27, 2011, as well as acts of medical malpractice which occurred at Albany Medical Center in 2007. Claimant now moves for discovery of his medical records. Defendant opposes the motions on the ground that they were not preceded by a demand for discovery.
A motion to compel discovery is appropriate only after a party fails to timely comply with a duly served demand. CPLR 3124 states: "If a person fails to respond to or comply with any request, notice, interrogatory, demand . . . the party seeking disclosure may move to compel compliance or a response." Claimant has failed to establish that any such demand has been served on the defendant or that the defendant has failed to comply.
Accordingly, claimant's motions (M-80343 and M-80413) are denied.
December 21, 2011
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
Motion No. M-80343
1. Notice of motion undated, filed August 10, 2011;
2. Affirmation of Paul F. Cagino dated August 18, 2011.
Motion No. M-80413
1. Notice of motion sworn to August 23, 2011;
2. Affirmation of Paul F. Cagino dated September 8, 2011;
3. Letter dated September 14, 2011 from William G. Ramos.