New York State Court of Claims

New York State Court of Claims

AMAKER v. THE STATE OF NEW YORK, #2002-011-569, Claim No. 105928, Motion No. M-65221


Synopsis


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

Case Information

UID:
2002-011-569
Claimant(s):
ANTHONY D. AMAKER
Claimant short name:
AMAKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105928
Motion number(s):
M-65221
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Anthony D. Amaker, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 26, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has made a motion for poor person status for the purpose of having the court

appoint counsel to represent him in this action and for waiver of the filing fee.

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 he has no income 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 previously 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]) or in the case of an inmate, permit payment of a reduced filing fee (CPLR 1101[f]).

The portion of the application requesting waiver of the filing fee in the Court has already been resolved and there are no other costs in this Court. Accordingly, appointment of an attorney is the only issue remaining.

The claim, which is based upon a bailment is not so complicated that achieving a proper result requires the assistance of an attorney. The request for appointed counsel is, therefore, denied.


August 26, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion filed on April 18, 2002
2. Affidavit in Support of Anthony D. Amaker sworn to the 11th day of April, 2002