New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2002-016-053, Claim No. 105800, Motion No. M-65018


Synopsis


Poor person petition was denied.

Case Information

UID:
2002-016-053
Claimant(s):
JAMES DAVIS, JR.
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105800
Motion number(s):
M-65018
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
James Davis, Jr.
Defendant's attorney:
No Appearance
Third-party defendant's attorney:

Signature date:
May 24, 2002
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, James Davis, Jr. alleges that because of defendant's negligence, he tripped and fell in a shower at Mid-Orange Correctional Facility. This is Davis' motion to proceed as a poor person. Claimant states that he is unable to pay the costs, fees and expenses of this action. See the March 19, 2002 affidavit of James Davis, Jr. There are no provisions in the Court of Claims Act concerning the prosecution of actions under poor person status, and thus the Civil Practice Law and rules ("CPLR") govern. See Court of Claims Act §9, subdivision 9; Wilson v State of New York, 101 Misc 2d 924, 925, 422 NYS2d 347, 349 (Ct Cl 1979). Poor person status is authorized under CPLR 1101, which addresses, among other things, filing fees. In this case, claimant made an application pursuant to CPLR 1101(f) for a reduction in the filing fee required by Court of Claims Act §11-a(1). In an order of Hon. Susan Phillips Read filed April 5, 2002, it was found that claimant was entitled to a reduced filing fee of $45.00. Aside from the filing fee, there are no other fees in the Court of Claims and in fact, section 27 of the Court of Claims Act prohibits certain costs, fees and disbursements.

Nevertheless, payment of a particular item of expense as the need arises may be available at the proper time upon a showing of sufficient cause. Mapp v State of New York, 69 AD2d 911, 415 NYS2d 278 (3d Dept 1979); Wilson, supra. Because no such showing has been made by claimant at this time, his motion for poor person status is denied.

For the foregoing reasons, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-65018 be denied.


May 24, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed claimant's notice of motion with affidavit in support. Defendant submitted no opposition papers.