New York State Court of Claims

New York State Court of Claims

TAYLOR v. THE STATE OF NEW YORK, #2002-011-588, Claim No. 101394, Motion No. M-65366


Synopsis


Claimant's motion for permission to prosecute as a poor person his appeal of a judgment dismissing his claim in denied.

Case Information

UID:
2002-011-588
Claimant(s):
ANTHONY TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101394
Motion number(s):
M-65366
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Anthony Taylor, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Dennis M. Acton, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved for permission to prosecute as a poor person his appeal of a judgment

dismissing his claim.

CPLR 1101[c]) requires that where, as here, an action has already been commenced a party seeking poor person status must serve notice of the motion on the county attorney in the county where the action is triable. Claimant has failed to serve such notice and accordingly, the motion must be denied. Claimant should consider making any new motion for poor person status directly to the Appellate Division, Third Department which has a specific rule for appeals taken by indigent parties ( see 22 NYCRR §800.4[c]).


September 10, 2002
Saratoga Springs, New York

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

1. Motion to Proceed as a Poor Person sworn to the 11th day of June, 2002
2. Affidavit in Opposition of Dennis M. Acton, Esq. sworn to the 26th day of June, 2002