New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2003-019-567, Claim No. 107834, Motion No. M-67446


Synopsis


Case Information

UID:
2003-019-567
Claimant(s):
MICHAEL S. JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107834
Motion number(s):
M-67446
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
MICHAEL S. JOHNSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
October 29, 2003
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate appearing pro se, moves for an order assigning counsel to assist him in litigating this matter pursuant to CPLR 1101. The State of New York (hereinafter "State") opposes the motion. An Order has previously been issued by this court reducing the filing fee for this claimant to $20.00 pursuant to CPLR 1101 (f). (Michael S. Johnson v State of New York, Ct Cl, June 23, 2003, Sise, J., Claim No. 107834). It is well-settled that the appointment of counsel is discretionary in civil matters. (Matter of Smiley, 36 NY2d 433, 438). Generally, counsel will not routinely be assigned except in a proper case, such as one involving "grievous forfeiture or loss of a fundamental right." (Morgenthau v Garcia, 148 Misc 2d 900, 903). A review of the pleadings before the court in this case reveals a case of average complexity. In sum, this matter fails to rise to the level warranting assignment of counsel. Consequently, the court declines to exercise its discretionary authority on this matter.


Parenthetically, contrary to the State's assertions, the court notes that it has no record of any prior motion seeking the same relief requested herein by this claimant.


In view of the foregoing, it is ORDERED, that claimant's motion, Motion No. M-67446, is DENIED.


October 29, 2003
Binghamton, New York

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



The Court has considered the following papers in connection with this motion:

  1. Claim, filed June 5, 2003.
  2. ORDER, Ct Cl, June 23, 2003, Sise, J., Claim No. 107834.
  3. Notice of Motion to Appoint Attorney, Motion No, M-67446, dated August 31, 2003, and filed September 25, 2003.
  4. Affidavit of Michael S. Johnson, in support of motion, unsworn to.
  5. Affirmation of Joseph F. Romani, AAG, in opposition to motion, dated October 1, 2003, and filed October 3, 2003, with attached exhibits.
  6. "Notice of Motion to Correct Mistake", dated October 12, 2003, and filed October 16, 2003.
  7. Affidavit of Michael S. Johnson, in support of Motion No. M-67446, unsworn to, with attached exhibits.