New York State Court of Claims

New York State Court of Claims

DANIELS v. THE STATE OF NEW YORK, #2000-011-533, Claim No. 101924, Motion No. M-61419


Synopsis


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

Case Information

UID:
2000-011-533
Claimant(s):
GARRICK DANIELS
Claimant short name:
DANIELS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101924
Motion number(s):
M-61419
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Garrick Daniels, 90 A 9428, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, 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 states that he has no assets, that he is unable to pay the costs, fees and expenses necessary to prosecute the action, that he has no income and that no other person is beneficially interested in the recovery sought. Claimant, however, failed to serve notice of the motion on the County Attorney as required by CPLR 1101(c).

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

The claim, which is based upon a bailment is not so complicated that achieving a proper result requires the assistance of an attorney. 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. Petition to Proceed in Forma Pauperis sworn to the 24th day of January, 2000.
  2. Affidavit in Opposition sworn to the (blank) day of April, 2000.