New York State Court of Claims

New York State Court of Claims

UMBER v. THE STATE OF NEW YORK, #2002-005-506, Claim No. 105358, Motion No. M-64547


Synopsis


Claimant's motion for poor person status and assignment of counsel is denied.

Case Information

UID:
2002-005-506
Claimant(s):
AARON UMBER
Claimant short name:
UMBER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105358
Motion number(s):
M-64547
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Aaron Umber,Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Timothy P. Mulvey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 22, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On February 13, 2002, the following papers, numbered 1 to 5, were read on motion by Claimant for poor person status and assignment of attorney:

1, 2 Notice of Motion and Affidavit of Service
  1. Letter from Defendant dated January 29, 2002
  2. Letter from Seneca County Attorney dated January 22, 2002
  3. Filed Papers: Claim
Upon the foregoing papers, this motion is denied.

Claimant seeks permission to proceed as a poor person. Claimant has already had imposed a reduced filing fee herein pursuant to CPLR 1101(f) by Judge Richard E. Sise on January 4, 2002, but there are no other costs necessary to prosecute a claim in the Court of Claims, and thus no other privileges are available under CPLR article 11. To the extent that this motion seeks the appointment of counsel to represent the Claimant, relief that is discretionary (Matter of Smiley, 36 NY2d 433; Stephens v State of New York, 93 Misc 2d 273), it is denied.

For litigants in private litigation, absent statutory provision therefor, as in the instant claim which seeks damages, inter alia, for Defendant's alleged negligence relating to an assault upon Claimant, there is no power in the courts to direct the provision of counsel or to require the compensation of retained counsel out of public funds (Matter of Smiley, supra).

Furthermore, despite the affidavit of service, Defendant contends that it was not served with the motion herein, although the Seneca County Attorney acknowledges service.

Regardless, the motion is denied in its entirety.


February 22, 2002
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims