New York State Court of Claims

New York State Court of Claims

ARROYO v. THE STATE OF NEW YORK, #2008-016-047, Claim No. 108163, Motion No. M-75091


Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Alan C. Marin
Claimant’s attorney:
Freddy Arroyo, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, Esq., Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
August 26, 2008
New York

Official citation:

Appellate results:

See also (multicaptioned case)


In this claim, Freddy Arroyo complains of medical treatment he received at Albany Medical Center while incarcerated at Woodbourne Correctional Facility in Sullivan County. After trial, the claim was dismissed in a Decision dated April 17, 2008 and filed May 13, 2008. Mr. Arroyo then filed a notice of appeal dated May 25, 2008. Claimant now moves pursuant to CPLR §§1101 and 1102 for an order granting him poor person status so that he may be furnished a copy of the trial transcript without cost, for the purpose of perfecting his appeal. If a litigant is granted permission to proceed as a poor person pursuant to CPLR §1101, he may under certain circumstances obtain a stenographic trial transcript pursuant to CPLR §1102(b). In order for poor person status to be granted, CPLR §1101(c) requires that notice of the motion seeking such relief must be served on all parties as well as on the county attorney in the county in which the action is triable (or on the corporation counsel if the action is triable in the City of New York). Claimant’s affidavit of service indicates that this motion was served only on the defendant; it was not served on the county attorney. Accordingly, this motion must be denied.

It should also be noted that claimant might be advised to make a poor person application in the Appellate Division rather than in this court. There, other costs of appeal may be addressed, for example the filing fees set forth in CPLR §8022. See also §800.23 of the Rules of the Appellate Division, Third Department.

In Moriarty v Butler Bin Co., 21 AD2d 865, 251 NYS2d 44, affd 15 NY2d 901, 258 NYS2d 429 (1st Dept 1964), plaintiff did so move in the Appellate Division, and was given partial relief, i.e., permission for her appeal to be heard on a typewritten or reproduced record rather than having it printed – but was not granted a copy of the trial transcript without cost. Plaintiff then moved the trial court for an order granting her a free copy of the transcript. The trial court, unaware of the Appellate Division’s order, granted such motion, and plaintiff then moved the Appellate Division for a resettlement of its prior order. The Appellate Division ruled that, “[i]n view of the limited permission granted to the respondent by this court’s order . . . the trial court had no power to impose the cost of the stenographer’s minutes upon the city.” Id., 21 AD2d at 866, 251 NYS2d at 45. In this case, claimant Freddy Arroyo has not indicated whether he has made an application with the Appellate Division for leave to appeal as a poor person.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-75091 be denied.

August 26, 2008
New York, New York

Judge of the Court of Claims

  1. [1]The court reviewed claimant’s notice of motion with affidavit in support and undesignated attachments. Defendant submitted no papers on this motion.