New York State Court of Claims

New York State Court of Claims

CHIARELLO v. THE STATE OF NEW YORK, #2002-031-061, Claim No. 106662, Motion No. M-65944


Synopsis


Claimant's application for poor person status is denied. Claimant's request for an extension of time to respond to Defendant's discovery demands is granted.

Case Information

UID:
2002-031-061
Claimant(s):
JOHN JOSEPH CHIARELLO
Claimant short name:
CHIARELLO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106662
Motion number(s):
M-65944
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
JOHN JOSEPH CHIARELLO, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: GREGORY P. MILLER, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 6, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 5, were read on motion by Claimant for permission to proceed as a poor person, and for an extension of time to respond to Defendant's discovery demands:
1. Claimant's Notice of Motion, filed September 20, 2002;
2. Claimant's supporting affidavit, sworn to September 17, 2002;
3. Affidavits of Gregory P. Miller, Esq., sworn to November 6, 2002;
4. Claimant's unsworn statement, filed November 20, 2002;
5. Order of the Honorable Richard E. Sise, filed October 8, 2002. Claimant, John Joseph Chiarello, a pro se inmate, who currently resides at Collins Correctional Facility, has moved pursuant to Civil Practice Law and Rules (CPLR) § 1101,  to proceed as a "poor " person. He also requests an extension of time to respond to Defendant's outstanding discovery requests.

To the extent that Claimant's application for poor person status is addressed to the Court's filing fee, that issue has already been resolved by the Honorable Richard E. Sise, in an Order file stamped October 8, 2002. 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.

Defendant has advised the Court that it has no objection to Claimant's request for an extension of time to respond to Defendant's outstanding discovery demands. Therefore, Claimant shall have until January 31, 2003, to respond to these demands.

December 6, 2002
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims