New York State Court of Claims

New York State Court of Claims

BOOKER v. THE STATE OF NEW YORK, #2008-030-578, Claim No. 115880, Motion No. M-75663


Synopsis


Motion by inmate claimant proceeding pro se seeking order “granting monetary compensation” denied. If poor person relief sought, inadequate information provided. If summary judgment sought, motion is premature since issue has not yet been joined.

Case Information

UID:
2008-030-578
Claimant(s):
AMIN BOOKER
1 1.The caption has been amended to reflect the only proper defendant.
Claimant short name:
BOOKER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115880
Motion number(s):
M-75663
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
AMIN BOOKER, PRO SE
Defendant’s attorney:
HON. ANDREW M. CUOMO, NEW YORK STATE ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
November 26, 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 by Amin Booker, claimant; Affidavit of Service

  1. Filed papers: Claim
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 attorney.

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 §3212.

Accordingly, claimant’s motion [M-75663] is in all respects denied.


November 26, 2008
White Plains , New York

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