New York State Court of Claims

New York State Court of Claims

SULLIVAN v. THE STATE OF NEW YORK, #2004-034-550, Claim No. 109057, Motion No. M-68274


Synopsis


Claimant's request for poor person status is denied.

Case Information

UID:
2004-034-550
Claimant(s):
CHARLES SULLIVAN
Claimant short name:
SULLIVAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109057
Motion number(s):
M-68274
Cross-motion number(s):

Judge:
MICHAEL E. HUDSON
Claimant's attorney:
CHARLES SULLIVAN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: JAMES L. GELORMINI, ESQ.New York State Attorney General
Third-party defendant's attorney:

Signature date:
June 23, 2004
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has filed this motion seeking poor person status. The Court hereby denies the motion on two grounds.

The Court has considered the following papers in connection with this motion.
1. Claim, verified March 9, 2004, filed March 18, 2004, with attached exhibits;
2. Answer, verified April 21, 2004, filed April 23, 2004;
3. Notice of Motion, dated March 9, 2004, filed March 18, 2004;

4. Affidavit of Charles Sullivan in support of motion, sworn to March 9, 2004, with attachments;

5. Order setting filing fee, dated March 26, 2004, filed March 26, 2004.

Claimant has alleged that officials at Attica Correctional Facility wrongfully withdrew an amount between $15.00 and $30.00 from Claimant's account over a period of several months in late 2003. Following exhaustion of his administrative remedies, Claimant filed his cause of action with this Court. He also sought relief from the filing fee requirements of Court of Claims Act § 11-a (1), which was granted in part by Order (Sise, J.) dated and filed March 26, 2004. Claimant has now moved for the assignment of counsel, to serve without compensation.

The motion is procedurally defective because the County Attorney for the county in which the claim arose was not served, nor has any proof of service upon the Attorney General been provided (CPLR 1101 [c]; Bowman v State of New York, 229 AD2d 1024 [1996]; Sebastiano v State of New York, 92 AD2d 966 [1983]). Further, the relief requested is neither statutorily nor constitutionally required (see Wills v City of Troy, 258 AD2d 849 [1999]; Wilson v State of New York, 101 Misc 2d 924, 926 [1979]), and consequently is rarely granted when there is no indication that a claimant is facing a "loss of liberty" or "grievous forfeiture" (Matter of Smiley, 36 NY2d 433, 437 [1975]). Moreover, Court of Claims Act § 27 prohibits the allowance of costs or disbursements to any party. Civil Rights Law §§ 79 (3) and 79-a (3) likewise prohibit the State from paying for expenses associated with inmate litigation (Shell v State of New York, 307 AD2d 761 [2003], lv denied 1 NY3d 505 [2003]).

Based upon the above, it is

ORDERED, that Claimant's motion is DENIED.

June 23, 2004
Buffalo, New York

HON. MICHAEL E. HUDSON
Judge of the Court of Claims