Claimant, an inmate appearing pro se, makes this post-trial motion for an order
designating him as a poor person in order to obtain a free copy of his trial
transcript for the purpose of preparing a post-trial memorandum. (CPLR 1102
[b]). The State of New York (hereinafter "State") opposes the motion. A trial
of this claim was held at Elmira Correctional Facility on November 15, 2004. At
the conclusion of trial, the court reserved decision and the parties requested
and were granted additional time to submit post-trial memoranda. Claimant's
post-trial memorandum was due on or before January 30, 2005, while the State's
post-trial memorandum was due on or before February 28, 2005. Instead, on
January 13, 2005, claimant filed this motion for poor person status in order to
obtain a free copy of his trial transcript to assist him in preparing his
post-trial memorandum, as well as an extension of time to submit the same.
The granting of poor person relief is discretionary with the court. (Smith
, 2 NY2d 120, 123). One of the privileges of poor person status is
the entitlement to a free stenographic transcript of the relevant trial
generally requested in connection with an appeal. (CPLR 1102 [b]). However,
CPLR 1102 (b) does authorize a court, in its discretion, to provide a free
transcript "in proceedings other than appeal" if and when poor person is
Here, claimant seeks poor person
status and a free transcript not for an appeal nor even of a deposition, but
rather for the sole purpose of preparing his post-trial memorandum. The court
declines to grant claimant a free trial transcript for the purpose of submitting
a post-trial memorandum. (Davis v State of New York
, Ct Cl, June 18,
2001, Fitzpatrick, J., Claim No. 97735, Motion Nos. M-62900 & M-63100 [UID
Additionally, as a separate and distinct basis for denying claimant's motion, a
motion to proceed as a poor person must be served upon the parties, as well as
the county attorney where the action is triable. (CPLR 1101 [c]). Claimant's
affidavit of service indicates that he only served this motion on the Office of
the Attorney General and not the county attorney which is, in and of itself, a
separate ground for denying this motion.
Due to the delay necessitated by this post-trial motion, the court will amend
the dates for the parties' post-trial submissions. Claimant may submit his
post-trial memorandum on or before March 2, 2005 and the State may submit its
post-trial memorandum on or before March 31, 2005.
In view of the foregoing, it is ORDERED, that claimant's motion, Motion No.
M-69601, is DENIED.