New York State Court of Claims

New York State Court of Claims

BROWN v. THE STATE OF NEW YORK, #2001-015-153, Claim No. 103284, Motion No. M-63139


Synopsis


Inmate's further application for poor person status made subsequent to order of presiding judge reducing the filing fee denied as unnecessary.

Case Information

UID:
2001-015-153
Claimant(s):
ANTONIO 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):
103284
Motion number(s):
M-63139
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Antonio Brown, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Joel L. Marmelstein, Esquire
Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 15, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant's motion for an order pursuant to CPLR § 1101 permitting him to proceed as a poor person is denied. By order dated November 9, 2000 Presiding Judge Susan Phillips Read granted that portion of an application by claimant to proceed as a poor person which sought the reduction of the filing fee required by Court of Claims Act § 11-a (1). This claim by a pro se inmate seeks to recover money damages for personal injuries allegedly sustained by claimant as a result of an assault and battery by named and unnamed correction officers at the Oneida Correctional Facility on August 28, 2000 as well as another, separate assault and battery by unnamed correction officers at the Oneida Correctional Facility on August 29, 2000.

A prior application for this relief and for the assignment of an attorney to represent the claimant was denied by decision and order of this Court filed January 25, 2001 based, in part, upon claimant's failure to serve a copy of his application on the Oneida County Attorney. The present application includes an affidavit of service of the application on the Oneida County Attorney at the Oneida County Office Building, 800 Park Avenue, Utica, New York 13501 but fails to specify the date upon which service is alleged to have occurred. The affidavit of service was sworn to before a notary public on January 30, 2001 and a copy is attached to the motion papers.

Claimant's motion was opposed by affirmation of Assistant Attorney General Joel L. Marmelstein who alleges that the motion is unnecessary since the filing fee has already been reduced pursuant to Judge Read's order and there are no statutory or other costs for which claimant may be liable.

The Court agrees that the application should be denied in light of Presiding Judge Read's November 9, 2000 order establishing a reduced filing fee to be paid by claimant with regard to this claim and the absence of any further costs or disbursements for which claimant might be responsible.


May 15, 2001
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:

  1. Notice of motion dated February 22, 2001;
2. Affidavit of Antonio Brown sworn to January 30, 2001;
  1. Affirmation of Joel L. Marmelstein dated March 15, 2001;
  2. Letter dated March 14, 2001 from Harris J. Samuels, Assistant County Attorney, Oneida County.