Justice Carol Ruth Feinman

Heisler moved to reargue a previously denied motion compelling discovery from defendants, and upon reargument, granting the motion to compel in this action for personal injuries Heisler alleged he sustained while in Department of Corrections' custody. He served a combined demand for a bill of particulars and general discovery and indicated defendants failed to respond. The court found, contrary to defendants' claims that plaintiff failed to assert a claim, that it overlooked the fact hat Heisler was currently incarcerated, and was at the time he filed the motion to compel defendants to respond to discovery demands. As such, the court's denial of Heisler's motion on the basis he failed to appear was in error. Thus, it granted Heisler's motion to reargue, and upon same, reconsidered the motion to compel discovery. The court noted the record sufficiently showed Heisler's good faith efforts to obtain discovery from defendants, without resorting to judicial intervention. Also, it granted the motion to compel pertaining to demands #1, 4, 5, 6, noting the importance of materials covered by the demand to Heisler's claims in the pending, and granting Heisler access to information, including designated assignment of officer at the time of the alleged incident.

Justice Carol Ruth Feinman