New York State Court of Claims

New York State Court of Claims

TAYLOR v. THE STATE OF NEW YORK, #2000-016-054, Claim No. 101993, Motion No. M-61837


Synopsis


Poor person petition was denied.

Case Information

UID:
2000-016-054
Claimant(s):
DON TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101993
Motion number(s):
M-61837
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Don Taylor
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Earl F. Gialanella, AAG
Third-party defendant's attorney:

Signature date:
July 31, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pro se claimant Don Taylor's action is based on "invalid processing and illegal confinement by the state . . . " Claim, ¶2. This is Taylor's motion to proceed as a poor person and to have counsel assigned. Claimant states that his income is $7 per month, that he has no property except for $29 in savings and that he is unable to pay the costs, fees and expenses of this action. See the March 16, 2000 petition of Don Taylor.

There are no provisions in the Court of Claims Act concerning the prosecution of actions under poor person status, and thus the Civil Practice Law and Rules ("CPLR") govern. See Court of Claims Act §9, subdivision 9; Wilson v State of New York, 101 Misc 2d 924, 925, 422 NYS2d 347, 349 (Ct Cl 1979). Poor person status is authorized under CPLR 1101, which addresses, among other things, filing fees. In this case, claimant previously made an application pursuant to CPLR 1101(f) for a reduction in the filing fee required by Court of Claims Act §11-a(1). That application was denied in an order of Hon. Susan Phillips Read filed March 29, 2000, where it was found that claimant had sufficient resources to pay the statutory fee of $50. Claimant subsequently paid such fee. Aside from the filing fee, there are no other fees in the Court of Claims and in fact, section 27 of the Court of Claims Act prohibits certain costs, fees and disbursements.

Nevertheless, payment of a particular item of expense as the need arises may be available at the proper time upon a showing of sufficient cause. Farid, supra; Mapp v State of New York, 69 AD2d 911, 415 NYS2d 278 (3d Dept 1979); Wilson, supra. Because no such showing has been made by the claimant at this time, his motion for poor person status is denied.

Claimant has also requested that an attorney be assigned by the Court to litigate his claim on his behalf. Assignment of counsel is generally not available for civil cases. See Matter of Smiley, 36 NY2d 433, 369 NYS2d 87 (1975). Therefore, claimant's motion for assignment of counsel is denied.

For the foregoing reasons, having reviewed the parties' submissions,[1]IT IS ORDERED that the motion of Don Taylor is denied in its entirety.



July 31, 2000
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]Along with the pleadings, the following were reviewed: claimant's petition with affidavit in support and defendant's affirmation in opposition.