New York State Court of Claims

New York State Court of Claims

MILLER v. THE STATE OF NEW YORK, #2001-011-545, Claim No. 103554, Motion No. M-63119


Synopsis


Claimant's motion for poor person status for the purpose of having the court appoint counsel is denied.

Case Information

UID:
2001-011-545
Claimant(s):
STEVEN MILLER, 98 A 3477
Claimant short name:
MILLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103554
Motion number(s):
M-63119
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Steven Miller, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Dennis M. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 10, 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 this action alleging that he was assaulted by correctional officers and for waiver of the filing fee.

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 four dollars per week 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.

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 claim 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.

May 10, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated February 12, 2001
  2. Affidavit in Support sworn to the 12th day of February, 2001
  3. Affidavit in Opposition of Dennis M. Acton, Esq. sworn to the 21st day of February, 2001