New York State Court of Claims

New York State Court of Claims

MILLAND v. STATE OF NEW YORK, #2001-011-514, Claim No. 102801, Motion No. M-62544


Synopsis


Claimant's motion for poor person status for the purpose of having the court appoint counsel to represent him in this action is denied.

Case Information

UID:
2001-011-514
Claimant(s):
DAGOBERTO MILLAND
Claimant short name:
MILLAND
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102801
Motion number(s):
M-62544
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Dagoberto Milland, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., Assistant Attorney General)
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. 

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 a bailment is not so complicated that achieving a proper result requires the assistance of an attorney. 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. Petition sworn to the 14th day of April, 2000
  2. Affidavit in Opposition of Eileen E. Bryant, Esq., Assistant Attorney General sworn to the 27th day of October, 2000.