New York State Court of Claims

New York State Court of Claims

DYSTANT v. THE STATE OF NEW YORK, #2008-030-564, Claim No. 108482, Motion No. M-75495


Synopsis


Motion for poor person relief made by inmate proceeding pro se who is pursuing appeal of dismissal of his medical malpractice claim denied. Application should be brought in the appellate court.

Case Information

UID:
2008-030-564
Claimant(s):
ROBERT DYSTANT
Claimant short name:
DYSTANT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108482
Motion number(s):
M-75495
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
ROBERT DYSTANT, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO, NEW YORK STATE ATTORNEY GENERAL
BY: KATHLEEN M. ARNOLD, ASSISTANT SOLICITOR GENERAL
Third-party defendant’s attorney:

Signature date:
October 8, 2008
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read and considered on claimant’s motion:

1,2 Notice of Motion for Permission to Proceed as a Poor Person Upon Appeal and Request to be provided with a copy of stenographic transcripts for perfecting appeal; Affidavit in Support of Motion for Permission to proceed as a poor person upon appeal and attached papers

  1. Letter to Court from Kathleen M. Arnold, Assistant Solicitor General, dated September 12, 2008 and attached papers
4-8 Filed Papers: Claim, Answer, Order Directing Judgment, Judgment, Notice of Appeal

Robert Dystant alleged in claim number 108482 that defendant's agents failed to provide him with adequate medical care while he was an inmate in the custody of the New York State Department of Correctional Services [DOCS]. The claim was dismissed on the record on November 30, 2007, and an Order Directing Judgment reflecting such dismissal was executed on that date, and filed in the Office of the Chief Clerk of the Court of Claims on January 18, 2008. Thereafter, Judgment was entered dismissing the claim on January 25, 2008, and a Notice of Appeal was filed by claimant on February 21, 2008.

Claimant’s present motion seeks permission to prosecute an appeal of the judgment as a poor person, as well as an order directing that claimant be provided with a copy of the stenographic transcript of the trial proceedings without fee. As noted by the defendant’s attorney, such application is generally directed to the court to which the appeal has been taken[1] - here the Appellate Division, Second Department - and claimant has indeed sought such relief and been denied same by that court. [See Dystant v State of New York, App. Div. No. 2008-01887, Decision and Order on Motion, entered April 18, 2008].

Based on the foregoing, claimant’s motion [M-75495] is in all respects DENIED.

October 8, 2008
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims




[1]. See Civil Practice Law and Rules§1101(a).