Elawyers Elawyers
Washington| Change

Walsh v. Petrucci, 19-cv-10068 (AKH). (2019)

Court: District Court, S.D. New York Number: infdco20191115c47 Visitors: 15
Filed: Nov. 13, 2019
Latest Update: Nov. 13, 2019
Summary: ORDER DENYING PETITION FOR HABEAS CORPUS ALVIN K. HELLERSTEIN , District Judge . The petition is denied as premature. A deposition in New York Supreme Court is scheduled by notice (CPLR 3102(b), 3107) or court order (CPLR 3124). A scheduling order is not an order to take a specific deposition. A petition to the district court to order a prisoner in federal custody to be produced for deposition can be considered after proper state procedure to take a deposition is shown. Furthermore, ther
More

ORDER DENYING PETITION FOR HABEAS CORPUS

The petition is denied as premature.

A deposition in New York Supreme Court is scheduled by notice (CPLR 3102(b), 3107) or court order (CPLR 3124). A scheduling order is not an order to take a specific deposition. A petition to the district court to order a prisoner in federal custody to be produced for deposition can be considered after proper state procedure to take a deposition is shown.

Furthermore, there has been no showing that a deposition of plaintiff at this point is a reasonable method of acquiring information. Plaintiff's counsel can obtain plaintiff's declaration, and interrogatories to the City of New York can uncover the proper individuals to sue.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer