New York State Court of Claims

New York State Court of Claims

COLE v. STATE OF NEW YORK, #2000-006-M62707, Claim No. 103218, Motion No. M-62707


Synopsis


Claimant to proceed as a poor person/denied.

Case Information

UID:
2000-006-M62707
Claimant(s):
RONALD PRESTON COLE
Claimant short name:
COLE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103218
Motion number(s):
M-62707
Cross-motion number(s):

Judge:
EDGAR C. NeMOYER
Claimant's attorney:
RONALD PRESTON COLE, PRO SE
Defendant's attorney:
ELIOT SPITZER, ATTORNEY GENERAL
By: Reynolds E. Hahn, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 30, 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 permission to proceed as a poor person pursuant to CPLR §§ 1101 and 1102. In deciding this motion the court has read and reviewed the following papers:
  1. Notice of motion dated September 19, 2000 and filed October 13, 2000.
  1. Claimant's affidavit sworn to September 19, 2000 in support of the motion.
  1. Claim verified September 19, 2000 and filed October 13, 2000.
  1. Order of Honorable Susan Phillips Read, Presiding Judge of the Court of Claims, dated and filed October 26, 2000

This claim arose on May 21, 2000 while claimant was an inmate at Attica Correctional Facility. Claimant alleges he was the victim of an unprovoked assault upon him by two correction officers. By this motion, claimant states he is unable to pay the costs, fees and expenses necessary to pursue his claim. The issue of the costs and fees associated with filing a claim in the Court of Claims has already been resolved by the order of Honorable Susan Phillips Read, Presiding Judge of the Court of Claims, dated and filed October 26, 2000. In that order, claimant's filing fee was set at $25.00 with no initial payment of the reduced fee required.

The court has reviewed claimant's affidavit to proceed as a poor person, and finds it to be without merit. The only remaining costs and expenses to claimant associated with filing, serving and pursuing a claim consist of postage and, perhaps, photocopying expenses. The claimant alleges in his affidavit that his wages are $16.00 per month which should be more than adequate to cover the cost of postage and reproduction associated with bringing a claim in the Court of Claims. The court is also aware that the defendant provides five free first-class stamps to inmates weekly and will advance an inmate up to $20 for legal mail postage, if the inmate has insufficient funds (7 NYCRR 720.8[b][c]; 721.4[a]; 721.5[a]). In the event an inmate is unable to afford the cost of photocopying, it would not be unreasonable for an inmate to transcribe by hand multiple copies of his/her notice of intention to file claim and/or claim and other related papers for the purpose of filing and serving same.

Claimant does not specifically request assignment of counsel. In any event, this action is not so complex that the court in exercising its discretion would be justified in appointing counsel. Matter of Smiley, 36 NY2d 433; Stephens v State of New York, 93 Misc 2d 273.

Accordingly it is,

ORDERED, that the motion of the claimant to proceed as a poor person is hereby DENIED.


November 30, 2000
Buffalo, New York

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