New York State Court of Claims

New York State Court of Claims

CAMPOLITO v. THE STATE OF NEW YORK, #2004-019-518, Claim No. 107825, Motion No. M-67994


Synopsis


Case Information

UID:
2004-019-518
Claimant(s):
ANTHONY M. CAMPOLITO
Claimant short name:
CAMPOLITO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107825
Motion number(s):
M-67994
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ANTHONY M. CAMPOLITO, 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 25, 2004
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 $25.00 pursuant to Court of Claims Act 11-a (1). (Campolito v State of New York, Ct Cl, June 23, 2003, Sise, J., Claim No. 107825).


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 matter of average complexity. In sum, this case fails to rise to the level warranting assignment of counsel. Consequently, the court declines to exercise its discretionary authority on this matter.


In view of the foregoing, it is ORDERED, that claimant's motion, Motion No. M-67994, is DENIED.

February 25, 2004
Binghamton, New York

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