New York State Court of Claims

New York State Court of Claims

VAZQUEZ v. THE STATE OF NEW YORK, #2000-004-520, Claim No. 102152, Motion No. M-61724


Synopsis


Claimant's poor person application denied.

Case Information

UID:
2000-004-520
Claimant(s):
LUIS A. VAZQUEZ
Claimant short name:
VAZQUEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102152
Motion number(s):
M-61724
Cross-motion number(s):

Judge:
JEROME F. HANIFIN
Claimant's attorney:
LUIS A. VAZQUEZ, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
ATTORNEY GENERAL
BY: Carol A. Cocchiola,Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
August 1, 2000
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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


pursuant to CPLR §§ 1101 and 1102.


The following papers are before the Court:

Claim, filed March 20, 2000 1

Order of Judge Susan Phillips Read, filed April 5, 2000 2

Order of Judge Susan Phillips Read, filed April 20, 2000 3

"PETITION-MOTION", filed April 20, 2000 4

"PROOF OF SERVICE", sworn to April 11, 2000 5


Affirmation of Carol A. Cocchiola, AAG in opposition to
Claimant's motion, filed June 6, 2000 6




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


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 $25.00. (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, to the extent it is revealed therein, is "discrimination, extortion, deliberate denial of privileges, mental anguish" allegedly as a result of the "negligence and discrimination" of the State. (Paper No. 1, ¶ 2 [emphasis in original]) 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 is unwarranted.


In light of the foregoing, it is


ORDERED that Motion No. M-61724 is DENIED.


August 1, 2000
Binghamton, New York

HON. JEROME F. HANIFIN
Judge of the Court of Claims