New York State Court of Claims

New York State Court of Claims

HOFFMAN v. THE STATE OF NEW YORK, #2005-016-034, Claim No. 109636, Motion No. M-69823


Synopsis


Poor person petition was denied.

Case Information

UID:
2005-016-034
Claimant(s):
JILIAN HOFFMAN The caption has been amended to reflect that the sole proper defendant is the State of New York.
Claimant short name:
HOFFMAN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect that the sole proper defendant is the State of New York.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109636
Motion number(s):
M-69823
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Jilian Hoffman, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralNo appearance
Third-party defendant's attorney:

Signature date:
April 25, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is claimant Jilian Hoffman's motion for permission to proceed as a poor person. In her underlying claim, Ms. Hoffman alleges that she was wrongfully terminated from her position as a State Legislative Aide. There are no provisions in the Court of Claims Act (the "Act") concerning the prosecution of actions under poor person status, and thus the Civil Practice Law and Rules ("CPLR") govern, in this case, CPLR 1101. See Court of Claims Act §9, subdivision 9; Wilson v State of New York, 101 Misc 2d 924, 925, 422 NYS2d 347, 349 (Ct Cl 1979). Aside from a $50 filing fee under §11-a(1) of the Act , which has already been paid by claimant in this case, there are no other fees in the Court of Claims, and in fact, section 27 of the Court of Claims Act prohibits certain costs, fees and disbursements.

Nevertheless, payment of a particular item of expense as the need arises may be available at the proper time upon a showing of sufficient cause. Mapp v State of New York, 69 AD2d 911, 415 NYS2d 278 (3d Dept 1979); Wilson, supra. Because no such showing has been made by claimant at this time, her motion for poor person status must be denied.

For the foregoing reasons, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-69823 be denied.


April 25, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed claimant's notice of motion with undesignated attachments. Defendant submitted no papers on this motion.