Sebastiano v. State

OPINION OF THE COURT

Edward M. Murray, J.

This is a motion by the claimant pursuant to CPLR 2302 (subd [b]) for the issuance of subpoenas to compel the attendance at trial of 12 inmates at correctional facilities. The claim is based on the alleged negligence of employees of the State of New York in failing to safeguard the claimant who was a prisoner at the Clinton Correctional Facility on June 13, 1980. The claim is for $2,510,000. In his moving affirmation claimant’s attorney states that the claimant has no funds to bear the cost of transporting him and, therefore, requests that the costs…