New York State Court of Claims

New York State Court of Claims

CASTRO v. THE STATE OF NEW YORK, #2006-010-019, Claim No. 109748, Motion No. M-71822


Synopsis


Poor person application if denied.

Case Information

UID:
2006-010-019
Claimant(s):
ROSAIDA CASTRO
1 1.The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Claimant short name:
CASTRO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109748
Motion number(s):
M-71822
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
ROSAIDA CASTROPro Se
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 6, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant’s motion for, inter alia, the appointment of counsel:
Notice of Motion, Claimant’s Supporting Affidavit and Exhibits............................1

Defendant’s Letter Dated June 14, 2006 Taking No Position on the Motion.............2

Claim No. 109748 alleges that claimant was wrongfully denied access to visit with an inmate at Sing Sing Correctional Facility on June 14, 2004 based upon the suspicion that claimant was in possession of illegal drugs. Claimant seeks the appointment of counsel and requests this Court order a “further investigation” and issue “an order ordering the Correctional Officers at Sing Sing Correctional Department to stop the harassment and retaliation committed by such official” (Claimant’s Supporting Affidavit, ¶ 3; Notice of Motion).

The appointment of counsel is neither statutorily nor constitutionally required in such a case and does not warrant an exercise of this Court’s discretion to appoint an attorney to appear without compensation (see Matter of Smiley, 36 NY2d 433; Jacox v Jacox, 43 AD2d 716).

Accordingly, claimant’s motion is DENIED in its entirety.


July 6, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims