New York State Court of Claims

New York State Court of Claims

FAGBEWEST v. THE STATE OF NEW YORK, #2003-019-517, Claim No. 104241, Motion No. M-66327


Synopsis


Claimant's fourth request for assignment of counsel and poor person status is denied.

Case Information

UID:
2003-019-517
Claimant(s):
RANDOLPH FAGBEWEST
Claimant short name:
FAGBEWEST
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104241
Motion number(s):
M-66327
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
RANDOLPH FAGBEWEST, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: James E. Shoemaker, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
February 24, 2003
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves, for the fourth time, for poor person status and an order assigning counsel to assist him in litigating this matter. The State of New York (hereinafter "State") opposes the motion.


The Court has considered the following papers in connection with this motion:
  1. DECISION AND ORDER, Lebous, J., Claim No. 104241, Motion Nos. M-65639 & M-65840, filed October 15, 2002.
  2. DECISION AND ORDER, Lebous, J., Claim No. 104241, Motion No. M-66065, filed December 30, 2002.
  3. Notice of Motion No. M-66327, undated and filed January 23, 2003.
  4. Affidavit of Randolph Fagbewest, in support of motion, sworn to January 10, 2003.
  5. Affirmation of James E. Shoemaker, AAG, in opposition to motion, dated February 13, 2003, and filed February 18, 2003.
This Court has previously denied three motions by Claimant seeking the identical relief sought here. This motion is denied for the same reasons as set forth in this Court's prior Decisions and Orders. (Fagbewest v State of New York, Ct Cl, October 15, 2002, Lebous, J., Claim No. 104241, Motion Nos. M-65639 & M-65840; Fagbewest v State of New York, Ct Cl, December 30, 2002, Lebous, J., Claim No. 104241, Motion No. M-66065). Claimant is forewarned that any future attempts to seek the identical relief that has now been denied four separate times will give this Court pause to consider whether sanctions may be appropriate. (22 NYCRR § 130-1.1).


In view of the foregoing, it is ORDERED, that Claimant's motion, Motion No. M-66327, is DENIED.



February 24, 2003
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims