New York State Court of Claims

New York State Court of Claims

SHANNON v. THE STATE OF NEW YORK, #2001-011-570, Claim No. 104244, Motion No. M-63541


Synopsis


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

Case Information

UID:
2001-011-570
Claimant(s):
CECIL SHANNON The court sua sponte amends the caption to reflect the only properly named defendant.
Claimant short name:
SHANNON
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):
104244
Motion number(s):
M-63541
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Cecil Shannon, 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 courtappoint counsel to represent him in this action alleging an intentional tort by the state of New York and 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 twenty 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 that was concurrently 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 the 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 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. Petition to Proceed in Forma Pauperis sworn to the 28th day of April, 2001
  2. Affirmation in Opposition of Kevan J. Acton, Esq. dated May 21, 2001