New York State Court of Claims

New York State Court of Claims

LOPEZ v. THE STATE OF NEW YORK, #2001-027-574, Claim No. 103834, Motion No. M-63270


Synopsis


Pro Se poor person motion.

Case Information

UID:
2001-027-574
Claimant(s):
SINECIO LOPEZ
Claimant short name:
LOPEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103834
Motion number(s):
M-63270
Cross-motion number(s):

Judge:
ALTON R. WALDON, JR.
Claimant's attorney:
Sinecio Lopez, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney GeneralBy: No Appearance
Third-party defendant's attorney:

Signature date:
June 26, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the court on this motion: Claimant's Petition to Proceed in Forma Pauperis[1] and Filed Verified Claim. Claimant, Sinecio Lopez, a pro se inmate, who currently resides at the Shawangunk Correctional Facility, has moved pursuant to Civil Practice Law and Rules(CPLR) §1101 to proceed as a poor person. In addition, pursuant to CPLR §1102, it appears that claimant is moving to have the court appoint an attorney to represent him at no cost to him.

Claimant, puts forth numerous allegations of wrongdoing against defendant, the State of New York, in his Verified Claim. Specifically, claimant alleges, inter alia, that he was assaulted and threatened by various correctional officers.

To the extent that claimant's motion is addressed to the Court's filing fee, that issue has already been resolved by the Honorable Susan Phillips Read in an Order file stamped March 3, 2001. Since there are no other costs or fees required by the Court of Claims to prosecute a claim, the portion of claimant's motion to proceed as a poor person is denied.

To the extent that claimant apparently seeks to have counsel appointed, it is well settled that a civil litigant is not entitled to the appointment of counsel. See Matter of Smiley, 36 NY2d 433, 369 NYS2d 87 (1975). Hence, claimant's motion for assignment of counsel is also denied.

As an aside, it should be mentioned that the type of claim presented here is typically handled by attorneys on a contingency fee basis. This affords claimant the opportunity to be represented by counsel without incurring any expenses unless he recovers an award in his favor.

Therefore, for the foregoing reasons, claimant's motion is denied in its entirety.

June 26, 2001
New York, New York

HON. ALTON R. WALDON, JR.
Judge of the Court of Claims




[1]The Court will treat claimant's submission entitled Petition to Proceed in Forma Pauperis as both a Notice of Motion and Affidavit in Support of this Motion. It is readily apparent to the Court that claimant, a pro se litigant, intended his Petition to Proceed in Forma Pauperis to be considered a substitute for the requirement of both of these documents.