New York State Court of Claims

New York State Court of Claims

MARTIN v. THE STATE OF NEW YORK, #2002-031-002, Claim No. 105026, Motion No. M-64214


Synopsis


Claimant's motion for poor person status denied.

Case Information

UID:
2002-031-002
Claimant(s):
EARL MARTIN
Claimant short name:
MARTIN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105026
Motion number(s):
M-64214
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
EARL MARTINPRO SE
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
BY: GREGORY P. MILLER, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 28, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the court on this motion: Claimant's Notice of Motion dated July 24, 2001 1

Claimant's supporting affidavit sworn to July 24, 2001, with attached exhibits 2

Verified Claim, filed October 10, 2001 3


Claimant, Earl Martin, a pro se inmate, who currently resides at Wende Correctional Facility has moved pursuant to Civil Practice Law and Rules(CPLR) §1101  to proceed as a "poor" person.

Claimant alleges in his Verified Claim that Correction Officers negligently failed to render assistance to him as he stepped off a curb while in handcuffs.

Defendant takes no position with regard to Claimant's motion. To the extent that Claimant's motion is addressed to the Court's filing fee, that issue has already been resolved by the Honorable Susan Phillips Read in an Order file stamped October 19, 2001. Since there are no other costs or fees required by the Court of Claims to prosecute a claim, the Claimant's motion to proceed as a poor person is denied.


January 28, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims