New York State Court of Claims

New York State Court of Claims

VALLEN v.THE STATE OF NEW YORK, #2000-017-024, Claim No. 102160, Motion No. M-61884


Synopsis


The Court denied claimant's motion for poor person relief and for the assignment of counsel in this false imprisonment/malicious prosecution claim on the ground that the claim was not demonstrated to be so complex as to warrant the appointment of counsel.

Case Information

UID:
2000-017-024
Claimant(s):
BARRY LEE VALLEN
Claimant short name:
VALLEN
Footnote (claimant name) :

Defendant(s):
OFFICE OF MENTAL HEALTH and MID-HUDSON FORENSIC
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102160
Motion number(s):
M-61884
Cross-motion number(s):

Judge:
ANDREW P. O'ROURKE
Claimant's attorney:
Barry Lee Vallen, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General of the State of New York
By: Dewey LeeAssistant Attorney General
Third-party defendant's attorney:

Signature date:
July 31, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The Court has read and considered the following papers, numbered one through four, on claimant's motion for poor person relief and for the assignment of counsel:

Petition......................................................................................................1

Affirmation in Opposition.........................................................................2

Filed Claim................................................................................................3

Order, Claim No. 102160, Filed 4-5-2000................................................4

On March 22, 2000, claimant, pro se, filed the instant claim seeking damages for false imprisonment and malicious prosecution. Claimant now seeks poor person relief and the appointment of counsel to prosecute his claim.

The Court has already reviewed claimant's claim and determined that waiver of the filing fee is not warranted (see, Order, Claim No. 102160, Read, P.J. [filed 4-5-2000]).

With respect to his request for the assignment of counsel, the Court finds that claimant has failed to demonstrate that the claim is of such complexity as to warrant such discretionary relief (see, Matter of Smiley, 36 NY2d 433). Accordingly, claimant's motion is DENIED.


July 31, 2000
White Plains, New York

HON. ANDREW P. O'ROURKE
Judge of the Court of Claims