New York State Court of Claims

New York State Court of Claims

DENNIS v. THE STATE OF NEW YORK , #2003-028-527, Claim No. 106888, Motion No. M-66254


Synopsis


Case Information

UID:
2003-028-527
Claimant(s):
MICHAEL DENNIS
Claimant short name:
DENNIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106888
Motion number(s):
M-66254
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
MICHAEL DENNIS, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Grace A. Brannigan, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 10, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered on Claimant's Motion for appointment of counsel, pursuant to CPLR §1102:[1]

1) Notice of Motion, supporting papers (included therein) filed on January 2, 2003;

2) Affirmation in Opposition (none received).

At the outset, the Court would note that the Claimant has failed to comply with CPLR §1101(c), which requires that requests for appointment of counsel be served upon the corporation counsel of the City of New York.[2] That having been said, the Court will consider the application on its merits.

The appointment of counsel in cases where there is no threat to liberty or grievous forfeiture is neither statutorily, nor constitutionally mandated (Morgenthau v Garcia, 148 Misc 2d 900-903; Rohde v State of New York, Claim No. 105514, Motion #M-65822, filed November 12, 2002, Hard, J). Here, the instant Claim alleges negligent supervision by the State in connection with an inmate assault. It is, therefore, not of sufficient complexity, nor does it involve such fundamental rights that this Court would be justified in exercising its discretion to appoint counsel (see Matter of Smiley, 36 NY 2d 433; Jacox v Jacox, 43 AD 2d 716).

Accordingly, the Motion is denied.



April 10, 2003
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims





[1] The imposition of a filing fee on the Claim was reduced to $25.00 by Order of the Hon. Susan Phillips Read, dated and filed on December 19, 2002.
[2] A Certificate of Service reveals service only upon the office of the Attorney-General.