New York State Court of Claims

New York State Court of Claims

VALENTINE v. STATE OF NEW YORK, #2005-018-464, Claim No. NONE, Motion No. M-69520


Synopsis



Case Information

UID:
2005-018-464
Claimant(s):
CHAUN VALENTINE
Claimant short name:
VALENTINE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-69520
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
CHAUN VALENTINEPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: PAUL F. CAGINO, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 20, 2005
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Movant brings a pre-action motion for an order appointing a "medical professional" to

provide medical expertise to assist the Court in evaluating whether Movant has a meritorious cause of action to be included as part of a late claim application pursuant to Court of Claims Act § 10(6).

Movant brought a late claim application (Motion No. M-67333) seeking permission to bring a claim against the State for its alleged wrongdoing in double bunking Movant with another inmate who suffered from a rash/skin condition, and for failing to timely and properly treat Movant when he presented to the prison infirmary with a similar rash. Movant's application was denied due to the lack of factual documentation or medical affidavit to support the potential meritoriousness of his cause of action.

Movant's request for an order providing a "medical professional" must be DENIED. The request for expert expense[1] is premature absent a motion for permission to proceed as a poor person pursuant to CPLR 1101-1102. Before a litigant has been found to be entitled to the privileges of poor person status, the Court has no authority to order payment of any costs or expenses. Even when poor person status is granted, however, a Court will not typically order payment of the costs of expert witnesses or similar extraordinary expenses in a civil action such as a malpractice case (Carter v Co. of Erie, 255 AD2d 984, 985, lv denied 689 NYS2d 596; Wilson v State of New York, 101 Misc 2d 924, 926).


April 20, 2005
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:

Notice of Motion (Unsworn letter from Movant, in support, dated November 10, 2004)..................................................................................................................1


Letter from Paul F. Cagino, Assistant Attorney General, dated

January 21, 2005....................................................................................................2


Letter from Movant, dated January 24, 2005.................................................................3


[1]The Court would not appoint a medical expert, but would consider the payment of certain litigation costs and expenses once poor person status is granted.