New York State Court of Claims

New York State Court of Claims

MITCHELL v. THE STATE OF NEW YORK, #2000-005-513, Claim No. 101155, Motion No. M-60788


Synopsis


Poor person motion denied.

Case Information

UID:
2000-005-513
Claimant(s):
DARREL MITCHELL
Claimant short name:
MITCHELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101155
Motion number(s):
M-60788
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Darrel MitchellPro Se
Defendant's attorney:
Eliot Spitzer, Attorney General
Third-party defendant's attorney:

Signature date:
May 22, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 2, were read on motion by Claimant for an order granting poor person status and the appointment of counsel:

Papers Numbered

Petition 1


Filed Papers: Second Amended Claim 2


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. The Second Amended Claim herein was filed on November 18, 1999, and thus 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 the loss of personal property, 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.


May 22, 2000
Rochester, New York

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