New York State Court of Claims

New York State Court of Claims

FERGUSON v. THE STATE OF NEW YORK, #2001-011-596, Claim No. 104377, Motion No. M-63727


Synopsis


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

Case Information

UID:
2001-011-596
Claimant(s):
COLIN FERGUSON
Claimant short name:
FERGUSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104377
Motion number(s):
M-63727
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Colin Ferguson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 31, 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 and to allow service of process by regular mail.

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, in his affidavit Claimant sets forth the nature of the claim.

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]).

According to Claimant the court has already acted upon his application requesting waiver of the filing fee. In addition, as Claimant has already served the claim his request that he be permitted to serve process by regular mail is moot. As there are no other costs or fees in this court, appointment of an attorney is the only issue remaining.

The claim is based upon allegations of personal injuries stemming from negligent and intentional acts of employees of the State and 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 portion of the motion requesting appointed counsel is, therefore, denied.

October 31, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion sworn to the 26th day of June, 2001
  2. Affidavit in Support of Colin Ferguson sworn to the 26th day of June, 2001
  3. Affirmation in Opposition of Saul Aronson, Esq. dated July 16, 2001