New York State Court of Claims

New York State Court of Claims

McIVER v. THE STATE OF NEW YORK, #2008-016-048, Claim No. 110890, Motion No. M-75045


Synopsis


Motion seeking poor person status and directing the clerk of the court to copy documents and provide them to defendant was denied.

Case Information

UID:
2008-016-048
Claimant(s):
DEREK McIVER
Claimant short name:
McIVER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110890
Motion number(s):
M-75045
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Derek McIver, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant’s attorney:

Signature date:
September 2, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Derek McIver alleges that items of his personal property were lost or damaged during two transfers between State correctional facilities. Mr. McIver moves pursuant to CPLR §§1101 and 1102 for an order granting him poor person status and directing the Clerk of the Court to photocopy numerous exhibits annexed to his motion papers and provide such copies to defendant.

There is no indication that defendant has requested the documents that claimant wants photocopied. Moreover, 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. Defendant states that it was not in fact served with this motion (see ¶4 of the June 18, 2008 affirmation of Joseph F. Romani) and claimant has submitted no affidavit of service stating that he served the county attorney.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-75045 be denied.



September 2, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant’s “Affidavit in Support of Application Pursuant to CPLR 1101 and 1102" with exhibits; and defendant’s affirmation in opposition.