New York State Court of Claims

New York State Court of Claims

DELANO v. THE STATE OF NEW YORK, #2007-045-022, Claim No. 111612, Motion No. M-73827


Synopsis


inmate motion for assignment of attorney.

Case Information

UID:
2007-045-022
Claimant(s):
SEDNEY DELANO (#96-A-2760)
Claimant short name:
DELANO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111612
Motion number(s):
M-73827
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Sedney Delano, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 23, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the court on this motion: Claimant’s Notice of Motion, Claimant’s Affidavit in Support with annexed documents, Defendant’s Affirmation in Opposition and the filed claim.

Claimant, Sedney Delano, a pro se inmate, has brought this motion pursuant to Civil Practice Law and Rules (CPLR) 1101 and 1102 seeking an order granting him poor person status and assigning counsel to represent him in this matter. The underlying claim contains various allegations of negligence asserted against defendant, the State of New York.

By prior order of the Honorable Richard E. Sise, filed December 7, 2005, claimant received a reduction in the filing fee in this case but was not granted poor person status in the prosecution of this matter. Even assuming that claimant had been granted poor person status he is not entitled to the assignment of an attorney in this action. The appointment of an attorney is generally not available to civil litigants and would be inappropriate in this action given the allegations contained in the filed claim (see Matter of Smiley, 36 NY2d 433 [1975]).

Additionally, negligence claims similar to those presented by claimant are typically handled by attorneys on a contingency fee basis. This affords claimant the opportunity to be represented by counsel without incurring any expenses unless he recovers an award in his favor.

Therefore, for the foregoing reasons, claimant’s motion for an assignment of counsel is denied.


October 23, 2007
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims