New York State Court of Claims

New York State Court of Claims

CHIARELLO v. STATE OF NEW YORK, #2007-037-030, Claim No. 106662, Motion No. M-73623


Synopsis


Claimant’s motion to proceed as a poor person and for assignment of counsel is denied.

Case Information

UID:
2007-037-030
Claimant(s):
JOHN JOSEPH CHIARELLO, 82-A-5541
Claimant short name:
CHIARELLO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106662
Motion number(s):
M-73623
Cross-motion number(s):

Judge:
JEREMIAH J. MORIARTY III
Claimant’s attorney:
John Joseph Chiarello, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo
New York State Attorney General
By: Gregory P. Miller, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 26, 2007
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following were read and considered with respect to Claimant’s motion for permission to proceed as a poor person and for the appointment of counsel:
1. Claimant’s informal motion in the form of a letter to the Court, sworn to June 17,

2007.

Claimant, a pro se inmate, moves for permission to proceed as a poor person and for assignment of counsel. To the extent that Claimant’s present motion is addressed to the Court’s filing fee, that issue was resolved by the Honorable Richard E. Sise in an Order filed October 8, 2002. Because there are no other costs or fees required by the Court of Claims to prosecute a claim, Claimant’s motion to otherwise proceed as a poor person was denied by the Honorable Renée Forgensi Minarik in a Decision and Order filed December 30, 2002 (M-65944). Claimant’s subsequent motion to proceed as a poor person and for assignment of counsel was denied by Judge Minarik in a Decision and Order filed September 13, 2004 (M-68522), and permission to reargue these issues was denied in yet another Decision and Order filed April 22, 2005 (M-69645).[1] Once, as here, an issue has been decided on the merits, the law of the case doctrine “makes it binding not only on the parties, but on the court as well: no other judge of coordinate jurisdiction may undo the decision” (see Siegel, N Y Prac § 448, at 756 [4th ed.]). Accordingly, it is hereby

ORDERED, that Claimant’s motion (M-73623) to proceed as a poor person and for assignment of counsel is denied in its entirety.



July 26, 2007
Buffalo, New York

HON. JEREMIAH J. MORIARTY III
Judge of the Court of Claims




[1]. Claimant filed with this Court a Notice of Appeal from Judge Minarik’s Decision and Order filed April 22, 2005. There is no indication that this appeal was ever perfected.