Searight v. State

Appeal from an order of the Court of Claims, entered November 18, 1977, which directed an examination before trial and the production of records for use at said examinations. The Court of Claims directed the examination of a named employee of the State in this negligence action, Corrections Officer B. T. Pasino. This was error. The State has the initial right to select the person or persons whom it will submit for examination (Long Is. Coll. Hosp. v Whalen, 55 AD2d 792; Greenfield Constr. Co. v State of New York, 52 AD2d 734). The plaintiff did not show a sufficient factual basis to avoid the…