New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2000-028-101508, Claim No. 102572, Motion No. M-62015


Synopsis


Claimant's motion for permission to proceed as a poor person, to obtain the services of an attorney, is denied.

Case Information

UID:
2000-028-101508
Claimant(s):
RAYVON DAVIS, #99-R-4053
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102572
Motion number(s):
M-62015
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
Rayvon Davis, pro se
Defendant's attorney:
Kevan J. Acton
Third-party defendant's attorney:

Signature date:
September 19, 2000
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on claimant's motion for permission to proceed as a poor person.

• abAffidavit in Support of Motion to Proceed as a Poor Person of Rayvon Davis, pro se, filed June 6, 2000 ("Davis affidavit")

• abAffidavit in Opposition of Kevan J. Acton, Esq., AAG, filed July 12, 2000 ("Acton affidavit")

• abFiled papers:
• ab Claim, filed June 6, 2000.
• ab Answer, filed July 30, 2000.




Claimant seeks leave to proceed as a poor person pursuant to CPLR 1101. Although his motion is technically defective, in that the County Attorney for the county in which the claim arose was not served, the Court will nevertheless address the substance of his request for relief.
The claim in this action alleges that claimant was falsely imprisoned when disciplinary actions were instituted against him without basis.
Claimant request for reduction of the filing fee has previously been addressed in the Order of Presiding Judge Susan Phillips Read, issued July 10, 2000. Thus, the only relief available under CPLR 1102 that claimant can be seeking at this juncture is the assignment of an attorney, who would serve without compensation. The appointment of counsel in a case such as this, where there is no threat that claimant is about to be deprived of a liberty or suffer a grievous forfeiture, is neither statutorily nor constitutionally required (Harris v State of New York, Claim No. 80949, Motion No. M-42854, filed Oct. 2, 1990, Benza, J.; Johnson v State of New York, Claim No. None, Motion No. M-40809, filed Sept. 13, 1989, Margolis, I., J.). Furthermore, this claim is not of sufficient complexity and does not involve such fundamental rights that the Court would be justified in exercising its discretion to appoint an attorney to appear without compensation (see, Matter of Smiley, 36 NY2d 433; Jacox v Jacox, 43 AD2d 716).
Notwithstanding the technical defect in claimant's motion, his request to be granted poor person status has been considered on the merits and is denied.

September 19, 2000
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims