New York State Court of Claims

New York State Court of Claims

FORSHEY v. STATE OF NEW YORK, #2002-005-550, Claim No. 105817, Motion No. M-65955


Synopsis


Claimant's motion for poor person relief beyond the filing fee issue is denied.

Case Information

UID:
2002-005-550
Claimant(s):
STEVEN C. FORSHEY
Claimant short name:
FORSHEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105817
Motion number(s):
M-65955
Cross-motion number(s):

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

Signature date:
December 13, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On November 13, 2002, the following papers, numbered 1 to 4, were read on motion by Claimant for poor person relief beyond the filing fee issue:

Papers Numbered
1, 2 Notice of Motion for appointment of counsel in formus pauperis, Affidavit in Support and Exhibits Annexed

  1. Opposing Papers
3, 4 Filed Papers: Claim, Answer

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 Presiding Judge Read on April 9, 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 violations of Claimant's civil rights, 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, Claimant has failed to demonstrate that he served a copy of this motion upon the County Attorney as required by CPLR 1101(c), (see, Bowman v State of New York, 229 AD2d 1024). Therefore, this motion for poor person status is denied.


December 13, 2002
Rochester, New York

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