New York State Court of Claims

New York State Court of Claims

BANKS v. THE STATE OF NEW YORK, #2002-032-009, Claim No. 106564, Motion No. M-65823


Synopsis



Case Information

UID:
2002-032-009
Claimant(s):
STEVEN MALIK BANKS/JAMES MALIK PAGE
Claimant short name:
BANKS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK The caption of this action has been amended by the Court, sua sponte, to indicate that the State of New York is the only properly named defendant.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106564
Motion number(s):
M-65823
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Steven Malik Banks/James Malik Page, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney General
Third-party defendant's attorney:

Signature date:
November 12, 2002
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks leave to proceed as a poor person pursuant to CPLR 1101. Although this motion is technically defective, in that the County Attorney for the county in which the claim arose was not served, the Court will nevertheless address the substance of his request for relief.
The claim in this action alleges that claimant was provided with inadequate medical care by the staff of Franklin Correctional Facility when, in June 2000, he was required to take medication for tuberculosis when, in fact, he did not have the disease. Claimant alleges that the State was negligent in requiring him to take the medication without first obtaining a chest x-ray and carrying out other diagnostic procedures.
Claimant's request for reduction of the filing fee has already been addressed in the Order of Presiding Judge Susan Phillips Read, filed September 11, 2002. Thus, the only relief available under CPLR 1102 that claimant can be seeking at this juncture is the assignment of an attorney, who would serve without compensation. The appointment of counsel in a case such as this, where there is no threat that claimant is about to be deprived of a liberty or suffer a grievous forfeiture, is neither statutorily nor constitutionally required (Morgenthau v Garcia, 148 Misc 2d 900; Harris v State of New York, Claim No. 80949, Motion No. M-42854, filed Oct. 2, 1990, Benza, J.). Furthermore, this claim is not of sufficient complexity and does not involve such fundamental rights that the Court would be justified in exercising its discretion to appoint an attorney to appear without compensation (see, Matter of Smiley, 36 NY2d 433; Jacox v Jacox, 43 AD2d 716).
Notwithstanding the technical defect in claimant's motion, his request to be granted poor person status has been considered on the merits and is denied.

November 12, 2002
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


The following papers were read on claimant's motion for permission to proceed as a poor person:
  1. Notice of Motion and Supporting Affidavit of Steven Malik Banks/James Malik Page, pro se
  1. Affirmation in Opposition (none received)
Filed papers: claim.