New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2000-011-591, Claim Nos. 99231, 100118, Motion No. M-62459


Synopsis


Claimant's motion for poor person status for the purpose of having the court appoint counsel in two actions alleging negligence in failing to provide adequate medical care and unfair treatment at the hands of a teacher are denied.

Case Information

UID:
2000-011-591
Claimant(s):
WILFREDO RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99231, 100118
Motion number(s):
M-62459
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Wilfredo Rivera, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kevan J. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
October 19, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has made a motion for poor person status for the purpose of having the courtappoint counsel to represent him in these two actions alleging negligence in failing to provide adequate medical care and unfair treatment at the hands of a teacher.

In the affidavit submitted in support of the motion, Claimant states that he is unable to pay the costs, fees and expenses necessary to prosecute the action. However, Claimant does not state whether he has any income or whether any other person is beneficially interested in the recovery sought (see, CPLR 1101). Claimant, also, 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 claims are of a type generally handled by attorneys on a contingent fee basis so that Claimant's indigence is not an obstacle to obtaining legal counsel. The request for appointed counsel is, therefore, denied.

October 19, 2000
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion Dated September 27, 2000.
  2. Affidavit in Support of Motion sworn to the 27th day of September, 2000.
  3. Affirmation in Opposition dated October 9, 2000.