Amin Booker alleges in his claim that defendant’s agents at Green Haven
Correctional Facility failed to provide him with adequate and timely medical
care after an injury to his ankle on May 24, 2008. He asserts a date of accrual
of July 23, 2008. The claim was filed on September 25, 2008. The affidavit of
service filed with the claim does not indicate upon whom it was served, though
it does indicate that it was mailed to someone by certified mail, return receipt
requested on September 17, 2008. No answer has been filed.
The claim was filed after the enactment of Court of Claims Act §11-a
requiring a filing fee of $50.00. [See Court of Claims Act §11-a(1),
effective December 7, 1999]. By Order of this Court, claimant’s filing fee
was reduced to $30.00 pursuant to Court of Claims Act §11-a (1), and Civil
Practice Law and Rules §1101(f) . (October 10, 2008, McNamara, J.).
The present motion asks for an order “granting monetary
compensation.” [See Notice of Motion M-75663]. It is not clear if
such motion was served on anyone.
If what was intended was an application for poor person relief, the motion is
denied, because claimant has failed to provide any information concerning his
income or resources in support of this motion for the court’s
consideration, nor is there an indication that claimant served the county
Civil Practice Law and Rules § 1101(a) allows a court to grant poor person
status to a claimant upon motion supported by “. . . an affidavit setting
forth the amount and sources of his
. . . income and listing his . . . property with its value; that he . . . is
unable to pay the costs, fees and expenses necessary to prosecute . . . the
action . . . ” The motion is brought in “. . . the court in which
an action is triable, or to which an appeal has been or will be taken.”
[Id.]. The statute also requires that “. . . the county
attorney in the county in which the action is triable . . . ” be given
notice of the application, in addition to parties to the action if an action has
already been commenced. Civil Practice Law and Rules §1101(c); Bowman v
State of New York, 229 AD2d 1024 (4th Dept 1996). Other than the filing fee,
that has already been reduced, there are no fees in the Court of Claims. As the
need arises, the Court may authorize payment of a particular item of expense
upon a showing of sufficient cause, however, no such showing has been made here.
If what claimant is seeking is summary judgment, the motion is also denied as
premature since issue has not even been joined by the service of an answer, and
is unsupported in any event by appropriate proof. Civil Practice Law and Rules
Accordingly, claimant’s motion [M-75663] is in all respects denied.