New York State Court of Claims

New York State Court of Claims

McCOY v. THE STATE OF NEW YORK, #2008-033-317, Claim No. 114879, Motion No. M-75051


Synopsis



Case Information

UID:
2008-033-317
Claimant(s):
ROBERT McCOY
Claimant short name:
McCOY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114879
Motion number(s):
M-75051
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Robert McCoy, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney General
Third-party defendant’s attorney:

Signature date:
September 26, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by Robert McCoy (hereinafter "claimant"). Claimant alleges defendant violated his right to legal counsel and violated his right to privacy. The claim arose on January
12, 2007, at Ulster Correctional Facility, Napanoch, New York.


Claimant moves this Court to grant him poor person status and assign an attorney to prosecute his claim[1]. This matter does not appear to be one in which claimant has a right to appointed counsel. It is not a complex matter nor does it possess any unique facts which warrant our exercise of discretion in assigning an attorney (see Stephens v State of New York, 93 Misc 2d 273). Claimant may proceed pro se or seek his own representation. Claimant is free to obtain counsel of his choosing without the burden of any expense as this type of action would be handled on a contingency basis.

Based on the foregoing, claimant’s motion is denied.



September 26, 2008
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Affidavit in Support of Application Pursuant to CPLR §1101 (f) sworn to February 12, 2008 and filed February 21, 2008.