New York State Court of Claims

New York State Court of Claims

CIAPRAZI v. THE STATE OF NEW YORK, #2000-028-101516, Claim No. 102576, Motion No. M-62110


Synopsis


Claimant's motion to proceed as a poor person is denied.

Case Information

UID:
2000-028-101516
Claimant(s):
ROBERTO CIAPRAZI
Claimant short name:
CIAPRAZI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102576
Motion number(s):
M-62110
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
ROBERTO CIAPRAZI, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Eileen E. Bryant, Esq.
Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 16, 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.

• abNotice of Motion and Supporting Affidavit of Roberto Ciaprazi, pro se, filed June 7, 2000

• abAffirmation in Opposition of Eileen E. Bryant, Esq., AAG, filed August 17, 2000

• abFiled papers:
• ab Claim, filed June 7, 2000
• ab Answer, filed July 14, 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 certain items of personal property were lost or otherwise disappeared while in the custody of prison officials.
Claimant's request for reduction of the filing fee has already been address in the Order of Presiding Judge Susan Phillips Read, issued June 22, 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 (Morgenthau v Garcia, 148 Misc 2d 900; Harris v State of New York, Claim No. 80949, Motion No. M-42854, filed Oct. 2, 1990, Benza, 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.

October 16, 2000
Albany, New York

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