New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2001-011-542, Claim Nos. 103226, 103227, 103228, 103229, 103230, 103231 and 103232, Motion No. M-63157


Synopsis


Claimant's motion for poor person status is denied.

Case Information

UID:
2001-011-542
Claimant(s):
FRANK BROWN
Claimant short name:
BROWN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103226, 103227, 103228, 103229, 103230, 103231 and 103232
Motion number(s):
M-63157
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Frank Brown, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Catherine M. Callahan, Legal Assistant II)
Third-party defendant's attorney:

Signature date:
May 9, 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 courtappoint counsel to represent him in these actions and for waiver of filing fees.

In the affidavits submitted in support of the motions, 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 claims on sufficient facts to establish their merit, that information is contained in the verified claims filed with the Court.

The statute provides that a party granted poor person status shall not be liable for the payment of any costs or fees unless a recovery is had in his favor (CPLR 1102[d]). In addition, the Court may, in its discretion, assign an attorney to represent the indigent party (CPLR 1102[a]) or in the case of an inmate, permit payment of a reduced filing fee (CPLR 1101[f]).

The portion of the application requesting waiver of the filing fee in this court has already been resolved and there are no other costs in this court. Accordingly, appointment of an attorney is the only issue remaining.

The claims allege causes of action of 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 portion of the motion requesting appointed counsel is, therefore, denied.


May 9, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Poor person application sworn to the 6th day of February, 2001
  2. Letter response from Catherine M. Callahan, Legal Assistant III dated March 5, 2001