Opinion
# 2015-040-005 Claim No. 123724 Motion No. M-85469
02-03-2015
JACK VAN DE VIVER v. THE STATE OF NEW YORK
Andrew F. Plasse, Esq. ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Glenn C. King, Esq., AAG
Synopsis
Court reviewed documents in camera and determined that the documents were not relevant and did not need to be provided to Claimant.
Case information
| UID: | 2015-040-005 |
| Claimant(s): | JACK VAN DE VIVER |
| Claimant short name: | VAN DE VIVER |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123724 |
| Motion number(s): | M-85469 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | Andrew F. Plasse, Esq. |
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Glenn C. King, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | February 3, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moved for an order directing the State to produce specified documents for in camera inspection.
The Claim, which was filed with the Clerk of the Court on December 30, 2013, alleges that, on February 4, 2013, Claimant was an inmate at Clinton Correctional Facility (hereinafter "Clinton") located in Dannemora, New York. It further asserts that, at approximately 3:35 a.m. on that date, Claimant's bed was set afire while he was sleeping in it. Claimant asserts that two inmates who are members of a gang set his mattress, feet and legs on fire. It is also alleged that the correction officer supervising the dorm was asleep or otherwise "AWOL" (absent without leave) from his post (Claim, ¶ 16).
The Claim also asserts that, prior to February 4, 2013, Claimant prevented the murder of a correction officer at Clinton by members of a gang. Claimant was threatened by members of this gang because of his cooperation in preventing the murder. The Claim asserts that Defendant was aware of the threats against Claimant and failed to protect him.
Claimant moves to have Defendant provide the Court a copy of the disciplinary infraction history and psychiatric records of a named inmate, whom, he asserts in the motion papers, is the alleged assailant, for in camera review. In response to Claimant's motion, Defendant, in the interests of judicial economy, provided the requested documents for the Court to review in camera.
The Court has completed its review of each of the items contained in the alleged assailant's disciplinary history and psychiatric record, as well as the relevant authority governing disclosure. After careful consideration, the Court finds that there are no items contained therein which bear any relevance whatsoever to the allegations forming the basis of the instant Claim.
Therefore, it is
ORDERED that Claimant's motion for an order directing the State to produce specified documents for in camera review is denied as moot as the State provided the Court with the documents at issue for its review; and it is further
ORDERED that Defendant does not have to provide any of the requested documents to Claimant.
February 3, 2015
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims
The following papers were read and considered by the Court on Claimant's motion:
Papers Numbered
Notice of Motion, Affirmation in Support
and Exhibits Attached 1
Affirmation in Response to Motion
and Exhibit attached 2
Affirmation in Further Response to Motion
and Exhibit attached 3
Filed Papers: Claim, Answer