Walsh v. Petrucci, 19-cv-10068 (AKH). (2019)
Court: District Court, S.D. New York
Number: infdco20191115c47
Visitors: 7
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
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, there..
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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, 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
