New York State Court of Claims

New York State Court of Claims

WILLIAMS v.THE STATE OF NEW YORK, #2000-011-532, Claim No. 100059, Motion No. M-61481


Synopsis


Claimant's motion for poor person status for the purpose of obtaining court appointed counsel, is denied.

Case Information

UID:
2000-011-532
Claimant(s):
IVAN WILLIAMS, 92 A 3445
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100059
Motion number(s):
M-61481
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Ivan Williams, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Dennis M. Acton, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
May 25, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has made this motion for poor person status for the purpose of obtaining court appointed counsel. In the affidavit submitted in support of the motion, Claimant has not stated whether he has any assets or income or whether any other person is beneficially interested in the recovery sought (CPLR 1101). In addition, Claimant failed to serve notice of the motion on the County Attorney as required by CPLR 1101(c).

Even assuming that Claimant had provided the required information or properly served the County Attorney, the motion should, nonetheless, be denied.

The claim alleges a cause of action sounding in negligence which is a type of claim normally handled by counsel on a contingent fee basis so that Claimant's indigence is not an obstacle to obtaining legal counsel. The request for appointed counsel, therefore, is denied.


May 25, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Considered:

  1. Unsworn affidavit in support of application for appointment of counsel dated March 28, 2000.
  2. Affidavit in opposition of Dennis M. Action, Esq., sworn to the 6th day of April, 2000.