New York State Court of Claims

New York State Court of Claims

SOW v. THE STATE OF NEW YORK, #2001-015-194, Claim No. 102262, Motion No. M-63776


Synopsis


Poor person application denied as unnecessary with regard to filing fee alrady reduced by order of the Court and lacking in proper support in all other regards.

Case Information

UID:
2001-015-194
Claimant(s):
YUSEF SOW
Claimant short name:
SOW
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102262
Motion number(s):
M-63776
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Yusef Sow
Defendant's attorney:
Honorable Eliot Spitzer, Attorney GeneralNo Appearance
Third-party defendant's attorney:

Signature date:
October 16, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant's motion (M-63776) to proceed as a poor person and to obtain without charge copies of all documents contained in the Court of Claims file regarding Claim No. 102262 is denied. The claim filed April 10, 2000 seeks to recover damages for personal injuries allegedly sustained by claimant as a result of the negligence and medical malpractice of DOCS employees in connection with claimant's fall from an upper bunk at Mid-State Correctional Facility on December 14, 1999.

By order of Presiding Judge Susan Phillips Read dated April 25, 2000 the Court granted claimant's application for a reduction in the filing fee imposed by Court of Claims Act § 11-a. The claimant by this motion now seeks poor person status in order to obtain a copy of his entire Court of Claims file free of charge to replace his own file which he alleges was stolen. He has attached to his notice of motion a form entitled "Affidavit in Support of Application Pursuant to CPLR 1101(f)." which was designed for use by an applicant seeking relief from the Court of Claims Act § 11-a filing fee.

This motion must be denied for three reasons: first the claimant has already been permitted to pay a reduced fee and has, in fact, paid a reduced filing fee to commence this action. Further consideration of that issue is unnecessary. Second, the supporting "affidavit," modified from its original format to include a request for copies of all papers pertaining to this case is neither signed nor sworn to before a notary public. Moreover, it does not contain sufficient facts to allow the Court to ascertain the merit of the application (CPLR § 1101 (a); Abbott v Conway, 148 AD2d 909). Finally, claimant has not submitted proof that such poor person application was made on notice to the Oneida County Attorney.

It is well established that the failure to serve the appropriate county attorney as required by CPLR §1101(c) is a basis in and of itself for denying a motion for permission to proceed as a poor person (Bowman v State of New York, 229 AD2d 1024; Harris v State of New York, 100 Misc 2d 1015, 1017). Accordingly, the instant motion is denied.


October 16, 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 July 5, 2001;
  2. Unsworn to, unsigned and undated affidavit in support of application.