New York State Court of Claims

New York State Court of Claims

MEJIA v. THE STATE OF NEW YORK, #2009-015-119, Claim No. 110969, Motion No. M-75686


Synopsis


Motion to reargue prior motion for poor person status and the assignment of counsel was denied.

Case Information

UID:
2009-015-119
Claimant(s):
LUIS MEJIA
Claimant short name:
MEJIA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110969
Motion number(s):
M-75686
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Luis Mejia, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney GeneralNo Appearance
Third-party defendant’s attorney:

Signature date:
January 13, 2009
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves to reargue his prior motion for poor person status and the assignment of counsel. By order filed December 6, 2007 the claimant's prior motion for poor person status and the assignment of counsel was denied. Claimant's present motion seeks only reargument and no new facts were offered which would change the prior determination. A motion for reargument is required to be made within 30 days after service of a copy of the prior order with notice of entry (CPLR 2221 [d] [3]). Inasmuch as claimant's motion for reargument was not made within this time frame, the motion must be denied.

Accordingly, claimant's motion to reargue his prior motion for the assignment of counsel and poor person status is denied.


January 13, 2009
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated October 9, 2008;
  2. Affidavit of Luis Mejia sworn to October 10, 2008.