Opinion
# 2016-044-507 Claim No. 125325 Motion No. M-87653
02-09-2016
CHRISTOPHER RUMPH v. THE STATE OF NEW YORK
CHRISTOPHER RUMPH, pro se HON. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL BY: Aaron J. Marcus, Assistant Attorney General
Synopsis
Court denied inmate claimant's motion to compel disclosure.
Case information
| UID: | 2016-044-507 |
| Claimant(s): | CHRISTOPHER RUMPH |
| Claimant short name: | RUMPH |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125325 |
| Motion number(s): | M-87653 |
| Cross-motion number(s): | |
| Judge: | CATHERINE C. SCHAEWE |
| Claimant's attorney: | CHRISTOPHER RUMPH, pro se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL BY: Aaron J. Marcus, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 9, 2016 |
| City: | Binghamton |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
After receiving permission from this Court to late file (Rumph v State of New York, UID No. 2014-044-550 [Ct Cl, Schaewe, J., Sept. 15, 2014]), claimant filed this claim to recover for injuries allegedly received when he was attacked by fellow inmate M. Simpkins while in the custody of the Department of Corrections and Community Supervision at Elmira Correctional Facility (Elmira). Defendant State of New York (defendant) answered and asserted several affirmative defenses. Claimant now moves to compel disclosure. Defendant opposes the motion.
Claimant's previous motion for partial summary judgment on the issue of liability and an immediate trial on the issue of damages was denied (Rumph v State of New York, Ct Cl, Nov. 30, 2015, Schaewe, J., Claim No. 124325, Motion No. M-86756).
Claimant argues that in order to proceed with this action, he needs behavior reports of inmates at Elmira when his assault occurred as well as confinement logs and conviction/arrest records; inmate social, psychological, and psychiatric records, prior disciplinary records; hospital logs, reports, names of nurses, doctors, and physician assistants; all to-from memoranda; misbehavior reports and complaints; search logs and copies of weapons recovered; and disciplinary transcripts. Conversely, defendant contends that claimant has not yet served any discovery demands.
CPLR 3124 provides that "[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under [CPLR Article 31] . . . the party seeking disclosure may move to compel compliance or a response." Claimant has not submitted a copy of any discovery demands or proof of their service. Moreover, counsel for defendant has represented that no such demands have been received in the Attorney General's Office (Affirmation of Aaron J. Marcus, Assistant Attorney General [AAG], dated Dec. 16, 2015, in Opposition to Motion, ¶ 4). Because claimant has not previously demanded any disclosure from defendant, this motion to compel is denied as premature (CPLR 3102 [b]; 3124).
Moreover, claimant is apparently seeking voluminous and to a great extent irrelevant documentation concerning all inmates at Elmira. Because any discovery demand fashioned in this manner would be overbroad and unduly burdensome, the Court will not require defendant to treat this premature motion as a discovery demand. Claimant should confine any discovery demand to the inmate involved in his attack.
Accordingly, claimant's motion to compel is denied in its entirety.
February 9, 2016
Binghamton, New York
CATHERINE C. SCHAEWE
Judge of the Court of Claims The following papers were read on claimant's motion: 1) Notice of Motion filed on November 17, 2015; Affidavit of Christopher Rumph sworn to on November 12, 2015. 2) Affirmation in Opposition of Aaron J. Marcus, AAG, dated December 16, 2015. Filed papers: Claim filed on December 1, 2014; Verified Answer filed on December 22, 2014.