Bonie v. Annucci et al

Filing 466

ORDER denying 440 Letter Motion to Compel. In light of defense counsel's representation that discovery packages were delivered to Plaintiff at both the Elmira Correctional Facility (ECF No. 446) and at the Sing Sing Correctional Facility (ECF No. 465), Plaintiff's motion to compel discovery (ECF No. 440) is DENIED. SO ORDERED.. (Signed by Magistrate Judge Victoria Reznik on 11/13/2023) (ks)

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL

LITIGATION BUREAU

Writer’s Direct Dial: [phone]
November 10, 2023
VIA ECF
Honorable Victoria Reznik
United States District Court
Southern District of New York
300 Quarropas Street
White Plains, New York 10601
Re: Bonie v. Annucci, 20 Civ. 640 (KMK) (VR)
Dear Judge Reznik:
This Office represents Defendants Ileshema Thomas and David Mazzalla (“Defendants”)
in the above-titled action. I write in response to your Order of November 3, 2023 (Docket No.
464), which directed Defense Counsel to “provide an update as to whether their discovery package
was actually received by Plaintiff at Sing Sing” Correctional Facility. The confirmation that
Defendants’ document production was received by Plaintiff is attached.
I apologize for not filing this sooner. I neglected to note that Sing Sing had not provided
proof of delivery to Plaintiff of my prior package containing the document production, which I
confirmed that our Office sent on September 29, 2023. When I reached out to the facility in
response to your recent Order, they were no longer able to confirm delivery to Plaintiff. To correct
this error, staff at Sing Sing agreed to take the unusual step of immediately printing out the entire
production for me from a pdf file, and providing the attached written proof of its hand delivery to
Plaintiff on November 6, 2023.
In light ofI defense
counsel's
representation
discovery
thank the
Court for
its attentionthat
to this
matter.
packages were delivered to Plaintiff at both the Elmira
Correctional Facility (ECF No. 446) and at the Sing Sing
Correctional Facility (ECF No. 465), Plaintiff's motion to
compel discovery (ECF No. 440) is DENIED.
Dated: 11/13/23

Respectfully submitted,
/s/ Daniel S. Kirschbaum
Daniel S. Kirschbaum
Assistant Attorney General
[e-mail]

Attachment
cc. Nasean Bonie, Plaintiff Pro Se (via First Class Mail)
28 Liberty Street, New York, New York 10005 ● Tel.: [phone] ● Fax: [phone] (Not For Service of Papers)
www.ag.ny.gov