New York State Court of Claims

New York State Court of Claims

KASIEM v. THE STATE OF NEW YORK, #2000-004-514, Claim No. 101653, Motion No. M-61373


Synopsis

Claimant's motion for poor person relief denied.



Case Information

UID:
2000-004-514
Claimant(s):
ALLAH KASIEM
Claimant short name:
KASIEM
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101653
Motion number(s):
M-61373
Cross-motion number(s):

Judge:
JEROME F. HANIFIN
Claimant's attorney:
ALLAH KASIEM, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
ATTORNEY GENERAL
BY: James E. ShoemakerAssistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
June 2, 2000
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant seeks permission to proceed as a poor person and for assignment of counsel


pursuant to CPLR §§ 1101 and 1102.


The following papers are before the Court:


Claim, filed December 22, 1999 1

Petition, filed November 22, 1999 2

Order of Judge Susan Phillips Read, filed January 11, 2000 3

Order of Judge Susan Phillips Read, filed February 22, 2000 4


Affirmation of James E. Shoemaker, AAG, in opposition
to motion, filed April 12, 2000 5


Claimant seeks permission to proceed as a poor person pursuant to CPLR § 1101.


The filing fee requirements of Court of Claims Act § 11 - a (1) requires a Claimant seeking poor person status to apply for a reduction in the filing fee pursuant to CPLR 1101 (f) . (Paper No. 3) Claimant applied for such a reduction and the filing fee was set at $15.00. (Paper No. 4)


Other than the filing fee, there are no other costs in the Court of Claims. Thus, the only remaining relief requested and authorized by CPLR § 1102 is the assignment of an attorney.


Such assignment is not an absolute right in civil litigation and the decision to assign counsel lies within the discretion of the Court. The gravamen of the Claim is bailment, that is, Claimant's personal property was lost allegedly through the negligence of the State. The issues presented therein are not so complex as to require counsel and do not involve such fundamental rights so that the Court wold be justified in exercising its discretion to appoint an attorney to appear without compensation (see, Matter of Smiley, 36 NY2d 433).


It appears, therefore, that to grant Claimant the status of poor person at this juncture of the action is unwarranted.


In light of the foregoing, it is


ORDERED that Motion No. M-61373 is DENIED.



June 2, 2000
Binghamton , New York
HON. JEROME F. HANIFIN
Judge of the Court of Claims