New York State Court of Claims

New York State Court of Claims

LAROCCO v. THE STATE OF NEW YORK, #2006-032-033, Claim No. 111720, Motion No. M-71156


Synopsis



Case Information

UID:
2006-032-033
Claimant(s):
DOMINICK LAROCCO
Claimant short name:
LAROCCO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111720
Motion number(s):
M-71156
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Dominick Larocco, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Eileen Bryant, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
April 21, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court for an order granting him in forma pauperis status and assigning legal counsel. The Court previously granted claimant's request for a reduced filing fee by Order filed January 3, 2006 (Sise, PJ).

CPLR 1101 provides the mechanism for applying for poor person status, and CPLR 1102 grants the Court discretion to assign a poor person an attorney. The assignment of counsel in civil matters is discretionary and is generally denied except in cases involving grievous forfeiture or loss of a fundamental right (see Matter of Smiley, 36 NY2d 433 [1975]; Wills v City of Troy, 258 AD2d 849 [3d Dept 1999], lv denied 93 NY2d 1000 [1999]). A review of the pleadings reveals this case alleges negligence in calculating claimant's sentence. As such, the claim fails to rise to the level warranting assignment of counsel.

Finally, inasmuch as the filing fee has been addressed, the prosecution of this matter in this Court does not require the claimant to pay any additional costs or fees. Indeed, the Court notes that claimant is not even required to outlay funds to mail legal papers. The correctional facility provides limited free postage on a weekly basis and, if the claimant exceeds his weekly allotment and has no funds available in his prison account, the correctional facility will advance funds for postage on legal mail (7 NYCRR 721.3).

Accordingly, claimant's motion for an order granting him poor person status and for the assignment of counsel is denied.


April 21, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed December 8, 2005;

2. Affirmation of Dominick Larocco dated December 6, 2005.

Filed Papers - Claim