Opinion
# 201-050-001 Claim No. 131491 Motion No. M-93179
01-09-2019
DONALD WASHINGTON v. THE STATE OF NEW YORK
Donald Washington, Pro Se Hon. Letitia James, Attorney General By: Darren Longo, Assistant Attorney General
Synopsis
Claimant's motion to compel disclosure is denied. The motion is not supported by an affidavit as is required by CPLR 2214 and the rules of this Court.
Case information
| UID: | 201-050-001 |
| Claimant(s): | DONALD WASHINGTON |
| Claimant short name: | WASHINGTON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131491 |
| Motion number(s): | M-93179 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Donald Washington, Pro Se |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Darren Longo, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 9, 2019 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claimant, an inmate who is self-represented, has filed a motion to compel disclosure. The motion is not supported by an affidavit as is required by CPLR 2214 and the rules of this Court (see 22 NYCRR 206.8). Claimant's unsworn statement submitted in support of his motion does not comply with these requirements.
Based on the foregoing, claimant's motion is denied. If defendant has still not complied with claimant's discovery demands as of the filing of this decision and order, claimant may bring a new motion to compel disclosure which is supported by the requisite affidavit and is otherwise in compliance with the CPLR and the rules of this Court.
January 9, 2019
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on claimant's motion: 1. Notice of Motion filed November 28, 2018. 2. Affirmation in Opposition.