New York State Court of Claims

New York State Court of Claims

McVAY v. THE STATE OF NEW YORK, #2001-011-517, Claim No. 103127, Motion No. M-62637


Synopsis


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

Case Information

UID:
2001-011-517
Claimant(s):
JEFFREY McVAY The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
McVAY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The court sua sponte amends the caption to reflect the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103127
Motion number(s):
M-62637
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Jeffrey McVay, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Belinda A. Wagner, 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


Clamant 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 income of ten dollars bi-weekly 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 motion, the application 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



Paper Submitted:

  1. Petition sworn to the 15th day of September, 2000.