New York State Court of Claims

New York State Court of Claims

WALLACE v. THE STATE OF NEW YORK, #2005-015-023, Claim No. 110448, Motion No. M-69929


Synopsis


Poor person application denied as moot.

Case Information

UID:
2005-015-023
Claimant(s):
TERRANCE WALLACE
Claimant short name:
WALLACE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110448
Motion number(s):
M-69929
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Terrance Wallace, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Dennis M. Acton, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
June 16, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant's motion to proceed as a poor person, presumably pursuant to CPLR 1101 (f) is denied as moot. Claimant in his affidavit sworn to on January 25, 2005 requested that he be allowed to proceed with the claim in forma pauperis. By Order dated February 15, 2005 Presiding Judge Richard E. Sise granted claimant's application by reducing the statutory filing fee (see Court of Claims Act § 11-a) to $25.00 payable in the same manner as mandatory surcharges are collected pursuant to Penal Law § 60.35 (5). Since the instant application does not seek assignment of counsel pursuant to CPLR 1102 (a) full relief has already been granted and the motion is thereby rendered moot.

Claimant's motion is, therefore, denied.


June 16, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated January 25, 2005;
  2. Affidavit of Terrance Wallace sworn to January 25, 2005;
  3. Affidavit of Dennis M. Acton sworn to March 11, 2005;
  4. Reply of Terrance Wallace dated March 16, 2005 with attachments.