New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-041, Claim No. 102304, Motion No. M-63446


Synopsis


Claimant's motion for poor person relief is denied.

Case Information

UID:
2001-010-041
Claimant(s):
DARRYL PHELPS
Claimant short name:
PHELPS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102304
Motion number(s):
M-63446
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DARRYL PHELPSPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 21, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion for poor person relief:
Notice of Motion, Claimant's Supporting Affidavit.................................................1

Attorney's Opposing Affirmation and Exhibit.........................................................2

Claim No. 102304 alleges that, during his incarceration at Sing Sing Correctional Facility, claimant was assaulted by four correction officers. Claimant seeks poor person status including costs for EBT transcripts and subpoena fees. Even assuming that claimant had made a sufficient showing warranting poor person status,[1] claimant would only be entitled to those benefits conferred by CPLR 1102 and he would not be entitled to the costs of EBT transcripts or subpoena fees (see, Carter v County of Erie, 255 AD2d 984).


June 21, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]It is noted that by Decision and Order of this Court, file stamped July 5, 2000, claimant's previous application for poor person relief was denied.