Opinion
# 2016-018-708 Claim No. 126897 Motion No. M-87873
03-04-2016
SHAWN WOODWARD v. STATE OF NEW YORK
SHAWN WOODWARD Pro Se ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Ray A. Kyles, Esquire Assistant Attorney General
Synopsis
Claimant brought a motion to compel discovery from Defendant. Defendant's failure to comply was not wilful and no sanctions will be imposed. Defendant has now complied and responses have been received by Claimant.
Case information
| UID: | 2016-018-708 |
| Claimant(s): | SHAWN WOODWARD |
| Claimant short name: | WOODWARD |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 126897 |
| Motion number(s): | M-87873 |
| Cross-motion number(s): | |
| Judge: | DIANE L. FITZPATRICK |
| Claimant's attorney: | SHAWN WOODWARD Pro Se |
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Ray A. Kyles, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | March 4, 2016 |
| City: | Syracuse |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate at Cayuga Correctional Facility brings a motion to compel discovery on his wrongful confinement case that was filed on October 21, 2015. Defendant opposes the motion.
According to Claimant, he served Assistant Attorney General Kyles with a request for interrogatories on November 16, 2015. In December 2015, he sent a letter advising counsel that the responses were overdue. His affidavit in support of his motion was signed January 6, 2016. Claimant is requesting sanctions against Mr. Kyles for the delay in this matter in the amount of $250.
Defendant, in its opposition to the motion, submits a "Response to Claimant's Interrogatories dated January 14, 2016. Mr. Kyles explained that his office had difficulty obtaining the records from the Department of Corrections and Community Supervision. Those records were sent to the Attorney General's Office on December 31, 2015.
The CPLR 3124 provides that if a person fails to comply with a discovery demand, a motion to compel compliance or a response may be made. CPLR 3126, directs that where a party "wilfully fails to disclose information which the Court finds ought to have been disclosed," the Court may order various penalties.
As there was a reasonable explanation for the delay, Defendant's failure to comply was not wilful and no sanctions will be imposed (Mary Imogene Bassett Hosp. v Cannon Design, Inc., 84 AD3d 1543 [3d Dept 2011; Wolfson v Calamel, 162 AD2d 959 [4th Dept 1990]). Claimant has not received the requested information.
Accordingly, the motion is hereby DENIED.
March 4, 2016
Syracuse, New York
DIANE L. FITZPATRICK
Judge of the Court of Claims The Court has considered the following in deciding this motion: 1) Notice of Motion. 2) Affidavit of Shawn Woodward, sworn to January 6, 2016, in support, with attachments thereto. 3) Affirmation of Ray A. Kyles, Esquire, in opposition, with exhibits attached thereto.