New York State Court of Claims

New York State Court of Claims

Wright v. THE STATE OF NEW YORK, #2000-005-504, Claim No. 98110, Motion No. M-60786


Synopsis


Motion for poor person status and appointment of counsel denied.

Case Information

UID:
2000-005-504
Claimant(s):
LENNY WRIGHT
Claimant short name:
Wright
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98110
Motion number(s):
M-60786
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Lenny Wright, Pro Se
Defendant's attorney:
Timothy P. Mulvey, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 10, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision



On December 15, 1999, the following papers, numbered 1 to 6, were read on motion by Claimant for an order granting poor person status and the appointment of counsel:

Papers Numbered

Affidavit 1

Letter from Defendant dated December 8, 1999 2

Letters from Claimant dated December 14, 1999, January 5, 2000, and January 20, 2000 3, 4, 5

Filed Papers: Claim 6


Upon the foregoing papers, this motion is denied.



Initially I note that there are no filing fees or costs necessary to prosecute this claim in the Court of Claims, and thus no privileges are available under CPLR article 11. This claim preceded the effective date of §11-a of the Court of Claims Act, with reference to filing fees and as such it has no bearing thereon. This motion also seeks the appointment of counsel to represent the Claimant, relief that is discretionary (Matter of Smiley, 36 NY2d 433; Stephens v State of New York, 93 Misc 2d 273).

For litigants in private litigation, absent statutory provision therefor, as in the instant claim which seeks damages for alleged negligence, etc., resulting in personal injury, there is no power in the courts to direct the provision of counsel or to require the compensation of retained counsel out of public funds (Matter of Smiley, supra).

Furthermore, Claimant has failed to demonstrate that he served a copy of this motion upon the County Attorney as required by CPLR 1101(c), (see, Bowman v State of New York, 229 AD2d 1024). Therefore, the motion is denied on this ground as well.

In addition, by correspondence dated December 8, 1999, Defendant advised that it was never served with the motion herein and indeed no affidavit of service is appended to the motion papers. Claimant thereafter wrote to the court to demonstrate that he had indeed served the motion papers. The argument on this issue is moot as I have denied the motion on substantive, as well as procedural grounds.


April 10, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims