New York State Court of Claims

New York State Court of Claims

ALSTON v. THE STATE OF NEW YORK, #2002-011-570, Claim No. 106066, Motion No. M-65280


Synopsis


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

Case Information

UID:
2002-011-570
Claimant(s):
DENNIS ALSTON
Claimant short name:
ALSTON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106066
Motion number(s):
M-65280
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Dennis Alston, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, 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 filing fees.

In the affidavits submitted in support of the motions, 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 income of twenty-four dollars per month and that no other person is beneficially interested in the recovery sought. Furthermore, though Claimant does not set forth the nature of the claims on sufficient facts to establish their 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]) 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 this 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 claims alleges a failure to provide adequate dental care and thereby asserts a type of claim generally handled by attorneys on a contingent fee basis. Consequently, Claimant's indigence is not an obstacle to obtaining legal counsel. The portion of the motion requesting 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. Petition dated April 1, 2002
2. Affidavit of Dennis Alston sworn to the 2nd day of May, 2002
3. Affirmation in Opposition of Saul Aronson, Esq. dated June 12, 2002