New York State Court of Claims

New York State Court of Claims

VIRUET v. THE STATE OF NEW YORK, #2006-033-168, Claim No. 111302, Motion No. M-70833


Synopsis



Case Information

UID:
2006-033-168
Claimant(s):
PAUL VIRUET
Claimant short name:
VIRUET
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111302
Motion number(s):
M-70833
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Paul Viruet, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 15, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim is brought by Paul Viruet (hereinafter “claimant”) for alleged medical malpractice and negligence based upon an incident occurring on June 2, 2005 at Eastern Correctional Facility, Napanoch, New York.

Claimant is seeking the assignment of counsel who would serve without compensation[1]. The appointment of counsel in a case such as this, where there is no threat that claimant is about to be deprived of a liberty or suffer a grievous forfeiture, is neither statutorily nor constitutionally required (Harris v State of New York, Ct Cl, filed Oct. 2, 1990, Benza, J., Claim No. 80949, Motion No. M-42854; Johnson v State of New York, Ct Cl, filed Sept. 13, 1989, Margolis, I., J., Motion No. M-40809). Furthermore, this claim is not of sufficient complexity and does not involve such fundamental rights that the Court would be justified in exercising its discretion to appoint an attorney to appear without compensation (see Matter of Smiley, 36 NY2d 433; Jacox v Jacox, 43 AD2d 716). Wherefore, claimant’s motion to have counsel assigned is denied.


March 15, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Affidavit of Poverty of Paul Viruet sworn to August 23, 2005 and filed August 26, 2005; Affirmation in Opposition of Paul F. Cagino, Esq. dated November 8, 2005 and filed November 9, 2005.