New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2001-011-565, Claim No. 102670, Motion No. M-63364


Synopsis


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

Case Information

UID:
2001-011-565
Claimant(s):
JOE JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102670
Motion number(s):
M-63364
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Joe Jackson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 1, 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 that he was assaulted by another inmate 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 no income and that no other person is beneficially interested in the recovery sought. Furthermore, Claimant sets forth the nature of the claim on sufficient facts to establish its merit. 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 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.

August 1, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated April 9, 2001
  2. Affidavit in Support of Joe Jackson unsworn and filed on April 13, 2001
  3. Affirmation in Response of Kevan J. Acton, Esq. dated April 19, 2001