New York State Court of Claims

New York State Court of Claims

ROSS v. THE STATE OF NEW YORK, #2002-011-520, Claim No. 105476, Motion No. M-64633


Synopsis


Claimant's poor person application is denied.

Case Information

UID:
2002-011-520
Claimant(s):
WALTER ROSS
Claimant short name:
ROSS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105476
Motion number(s):
M-64633
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Walter Ross, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael W. Friedman, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 15, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by claimant for poor person status. In the affidavit submitted in support of the motion, claimant states that he has no assets, that he is unable to pay the costs, fees and expenses necessary to prosecute the action, that his income is $0.45 and that no other person is beneficially interested in the recovery sought. Furthermore, though claimant does not set forth the nature of the claim on sufficient facts to establish its merit, that information is contained in the verified claim filed with the court.

The statute provides that a party granted poor person status shall not be liable for the payment of any costs or fees unless a recovery is had in his favor (CPLR 1102[d]). In addition, the court may, in its discretion, assign an attorney to represent the indigent party (CPLR 1102[a]) but, except where the litigation has reached the stage of appellate review, that is the limit of the privileges to which a person might be entitled under the statute.

The statute provides that a party granted poor person status shall not be liable for the payment of any costs or fees unless a recovery is had in his favor (CPLR) 1102[d]). In addition, the court may, in its discretion, assign an attorney to represent the indigent party (CPLR 1102[a]) or in the case of an inmate, permit payment of a reduced filing fee (CPLR 1101[f]).

The court has already acted upon his application requesting waiver of the filing fee. As there are no other costs or fees in this court, appointment of an attorney is the only issue remaining.

The claim, which is based upon an allegation of negligence, is the type of claim generally handled by attorneys on a contingent fee basis so that claimant's indigence is not an obstacle to obtaining legal counsel. The port of the motion requesting appointed counsel is, therefore, denied.


March 15, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated November 8, 2001
  2. Affidavit in Support (attached to claim) of Walter Ross sworn to the 8th day of November, 2001