New York State Court of Claims

New York State Court of Claims

ROSARIO v. THE STATE OF NEW YORK, #2001-005-511, Claim No. 102960, Motion No. M-62547


Synopsis


Claimant's motion for poor person relief beyond the filing fee issue is denied.

Case Information

UID:
2001-005-511
Claimant(s):
JORGE ROSARIO
Claimant short name:
ROSARIO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102960
Motion number(s):
M-62547
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Jorge Rosario,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carla T. Rutigliano, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 26, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 3, were read on motion by Claimant for poor person relief beyond the filing fee issue:
  1. Petition to Proceed in forma pauperis
  2. Opposing Affirmation
  3. Filed Papers: Claim
Upon the foregoing papers, this motion is denied.

Claimant seeks permission to proceed as a poor person. Claimant has already had imposed a reduced filing fee herein pursuant to CPLR 1101(f) by Presiding Judge Read on October 12, 2000, but there are no other costs necessary to prosecute a claim in the Court of Claims, and thus no other privileges are available under CPLR article 11. To the extent that this motion seeks the appointment of counsel to represent the Claimant, relief that is discretionary (Matter of Smiley, 36 NY2d 433; Stephens v State of New York, 93 Misc 2d 273), it is denied.

For litigants in private litigation, absent statutory provision therefor, as in the instant claim which seeks damages, inter alia, for Defendant's alleged negligence relating to an assault upon Claimant, there is no power in the courts to direct the provision of counsel or to require the compensation of retained counsel out of public funds (Matter of Smiley, supra).

Furthermore, Claimant has failed to demonstrate that he served a copy of this motion upon the County Attorney as required by CPLR 1101(c), (see, Bowman v State of New York, 229 AD2d 1024). Therefore, the motion for poor person status is denied.


April 26, 2001
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims