New York State Court of Claims

New York State Court of Claims

FERRER v. STATE OF NEW YORK, #2000-006-955, Claim No. 102932, Motion No. M-62644


Synopsis



Case Information

UID:
2000-006-955
Claimant(s):
JOSE FERRER
Claimant short name:
FERRER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102932
Motion number(s):
M-62644
Cross-motion number(s):

Judge:
EDGAR C. NeMOYER
Claimant's attorney:
JOSE FERRER, PRO SE
Defendant's attorney:
ELIOT SPITZER, ATTORNEY GENERAL
By: Leslie A. Stroth, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 28, 2000
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant's motion for an order of this court granting him an extension of time in which to respond to defendant's demand for a verified bill of particulars, demand for collateral sources, demand pursuant to CPLR § 3101(d) and notice for discovery and inspection, pursuant to CPLR § 2004, and for an order granting him the assignment of counsel pursuant to CPLR §§ 1101 and 1102. In deciding this motion the court has read and reviewed the following papers:
  1. Notice of motion dated October 12, 2000 and filed October 30, 2000.
  1. Claimant's affidavit sworn to October 12, 2000 in support of the motion.
  1. Claim verified July 26, 2000 and filed August 17, 2000.


This claim arose on May 2, 1999 while claimant was an inmate at Gowanda Correctional Facility. Claimant alleges the accident giving rise to this claim occurred while he was kneeling on his upper bunk bed for the purpose of moving his personal property. According to claimant, as he was doing this, he began to fall through the bed frame where it was connected to the mattress springs. Claimant states this caused him to fall from his upper bunk bed to the floor below. As this occurred, claimant maintains he struck his head on a locker as he fell, and injured several other parts of his body when he came to rest below. Claimant alleges the defendant was negligent in providing him with an upper bunk bed in a dangerous condition, in that the clips and bed frame where damaged.

The first item of relief claimant seeks is an extension of time to respond to defendant's various demands as previously set forth herein. The reason given by claimant for this request is that he is not an attorney, and therefore, unskilled in the law. This claim is relatively new, having been filed August 17, 2000, and the court sees no harm or prejudice to the defendant in granting the claimant an extension of time to respond to defendant's various demands.

Claimant next seeks an order of the court granting him the assignment of counsel to pursue his claim. Claimant has not set forth any specific facts as to the attempts he has made to obtain counsel on his own behalf or any attempts he may have made to seek aid from the various legal services available to prisoners. Furthermore, it does not appear to the court that it would be justified in exercising its discretion in appointing counsel for the claimant. Matter of Smiley, 36 NY2d 433; Stephens v State of New York, 93 Misc 2d 273.

Accordingly, it is

ORDERED, that claimant's motion for an extension of time is granted, to the extent that claimant is directed to respond to defendant's demand for a verified bill of particulars, demand for collateral sources, demand pursuant to CPLR § 3101(d), and notice for discovery and inspection within 45 days of the filing date of this decision and order, and it is further

ORDERED, that claimant's motion for the assignment of counsel is denied.


November 28, 2000
Buffalo, New York

HON. EDGAR C. NEMOYER
Judge of the Court of Claims