New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2008-045-016, Claim No. 114440, Motion No. M-74486


Synopsis


inmate motion for assignment of attorney.

Case Information

UID:
2008-045-016
Claimant(s):
CONSTANTINEE L. JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114440
Motion number(s):
M-74486
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Constantinee L. Jackson, Pro Se
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 10, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on this motion: Claimant’s “Motion for Appointment of Counsel,” Defendant’s Affirmation in Opposition, Claimant’s Reply and the filed Claim. Claimant, Constantinee L. Jackson, a pro se inmate, has brought this motion seeking an order assigning counsel to represent him in this matter. The underlying claim contains various allegations of negligence asserted against defendant, the State of New York.

The appointment of an attorney is generally not available to civil litigants and would be inappropriate in this action given the allegations contained in the filed claim (see Matter of Smiley, 36 NY2d 433 [1975]).

Additionally, claims similar to those being presented by claimant are typically handled by attorneys on a contingency fee basis. This affords claimant the opportunity to be represented by counsel without incurring any expenses unless he recovers an award in his favor.

Therefore, for the foregoing reasons, claimant’s motion for an assignment of counsel is denied.[1]

April 10, 2008
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims




[1].The Court notes that claimant’s claim numbered 114441 was previously dismissed by the Court in a Decision and Order filed March 11, 2008.