New York State Court of Claims

New York State Court of Claims

ANDERSON v. THE STATE OF NEW YORK, #2001-011-512, Claim No. 102254, Motion No. M-62646


Synopsis


Claimant's application for poor person status for the purpose of having the court appoint counsel to represent him in an action alleging negligence in failing to prevent an assault by another inmate is denied.

Case Information

UID:
2001-011-512
Claimant(s):
ERIC ANDERSON
Claimant short name:
ANDERSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102254
Motion number(s):
M-62646
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Eric Anderson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Glenn C. King, Esq., Staff Attorney)
Third-party defendant's attorney:

Signature date:
January 25, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has made a motion for poor person status for the purpose of having the court

appoint counsel to represent him in this action alleging negligence in failing to prevent an assault upon Claimant by another inmate.

In the affidavit submitted in support of the motion, Claimant states that he has no assets, that he is unable to pay the costs, fees and expenses necessary to prosecute the action, that he has no income and that no other person is beneficially interested in the recovery sought. Furthermore, though Claimant does not set forth the nature of the claim on sufficient facts to establish its merit, that information is contained in the verified claim previously filed with the Court. Claimant, however, failed to serve notice of the motion on the County Attorney as required by CPLR 1101(c).

Even assuming that Claimant had properly served the County Attorney, the motion should, nonetheless, be denied.

The claim which is based upon an allegation of negligence, is the type of claim generally handled by attorneys on a contingent fee basis so that Claimant's indigence is not an obstacle to obtaining legal counsel. The request for appointed counsel is, therefore, denied.

January 25, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Application for Appointment of Counsel sworn to the 25th day of October, 2000
  2. Affidavit in Support of claimant sworn to the 25th day of October, 2000
  3. Affirmation in Opposition of Glenn C. King, Esq., Staff Attorney dated November 6, 2000