New York State Court of Claims

New York State Court of Claims

ACKERMAN v. THE STATE OF NEW YORK, #2001-010-065, Claim No. 101750, Motion No. M-63851


Synopsis


Claimant's motion for assignment of counsel and demand for a jury trial is denied.

Case Information

UID:
2001-010-065
Claimant(s):
RONALD A. G. ACKERMAN
Claimant short name:
ACKERMAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101750
Motion number(s):
M-63851
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
RONALD A. G. ACKERMANPro 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:
September 10, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on claimant's motion for assignment of counsel and demand for a jury trial:
Application for Assignment of Counsel and Exhibits

Filed Papers

There is no absolute right for the assignment of counsel in a civil case (see, Matter of Smiley, 36 NY2d 433, 438). In any event, despite claimant's appearance pro se on this motion, the filed Notice of Appearance on this claim indicates that claimant has retained counsel. Accordingly, there is no basis for this Court to exercise its discretion in favor of claimant. Additionally, there is no right to a jury trial in the Court of Claims (Court of Claims Act §12[3]; see, Graham v Stillman, 100 AD2d 893).

Motion DENIED.


September 10, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims