Opinion
# 2020-045-024 Claim No. 125717 Motion No. M-95243
05-11-2020
JAMES THOMAS v. THE STATE OF NEW YORK
James Thomas, Pro Se Hon. Letitia James, Attorney General By: Glenn C. King, Assistant Attorney General
Synopsis
Pro Se motion to compel discovery.
Case information
| UID: | 2020-045-024 |
| Claimant(s): | JAMES THOMAS |
| Claimant short name: | THOMAS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125717 |
| Motion number(s): | M-95243 |
| Cross-motion number(s): | |
| Judge: | GINA M. LOPEZ-SUMMA |
| Claimant's attorney: | James Thomas, Pro Se |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Glenn C. King, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 11, 2020 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read and considered by the Court on this motion: Claimant's Notice of Motion and Defendant's Affirmation in Opposition with annexed Exhibits A-B.
Claimant, James Thomas pro se, has brought this motion "pursuant to CPLR 3120 directing defendant to disclose and produce all of the records and documents that protain[sic] to this case." Defendant, the State of New York opposes the motion.
Claimant filed a claim in the Court of Claims Clerk's office on February 24, 2015 alleging that some of his property was lost when he was transferred to Southport Correctional Facility.
Defendant contends that claimant sent a discovery demand dated August 14, 2016 requesting "Hand written printed computer-produced, typed, photographed, phone or taped recorded graphic matter." Defendant timely objected to the demand as being overly broad, vague and ambiguous and that it failed to sufficiently identify what documents claimant wanted. No other demand preceded this motion. Defendant contends this motion is premature and that this demand is also overly broad, vague and ambiguous and fails to identify the documents claimant seeks.
CPLR§ 3102 provides the methods for obtaining disclosure. The pertinent portion reads:
"Unless otherwise provided by the civil practice law and rules or by the court, disclosure shall be obtained by stipulation or on notice without leave of the court." Without a prior notice sent to defendant itemizing the documents claimant wants produced, this motion is premature.
Additionally, the request here is improper as it fails to identify the documents to be produced.
Therefore, for the foregoing reasons, claimant's motion is denied.
May 11, 2020
Hauppauge, New York
GINA M. LOPEZ-SUMMA
Judge of the Court of Claims