Claimant Joseph Flythe moves for permission to proceed as a poor person and for
the appointment of counsel. In his underlying claim, Mr. Flythe alleges that
during a facility search at Sullivan Correctional Facility on February 13, 2003,
he was assaulted by correction officers in his cell. With regard to poor person
status, there are no applicable provisions in the Court of Claims Act, and thus
the Civil Practice Law and Rules govern. See Court of Claims Act §9,
subdivision 9; Wilson v State of New York, 101 Misc 2d 924, 925, 422
NYS2d 347, 349 (Ct Cl 1979). Poor person status is authorized under CPLR 1101,
which addresses, among other things, filing fees. In the instant case, claimant
previously made an application for a reduction of his filing fee, which was
granted in a July 2, 2003 Order of Judge Richard E. Sise.
Aside from the filing fee, there are no other fees in the Court of Claims and in
fact, section 27 of the Court of Claims Act prohibits certain costs, fees and
disbursements. Nevertheless, payment of a particular item of expense as the
need arises may be available at the proper time upon a showing of sufficient
cause. Mapp v State of New York, 69 AD2d 911, 415 NYS2d 278 (3d Dept
1979); Wilson, supra. Because no such showing has been made by
claimant at this time, his motion for poor person status must be denied.
As to claimant’s request for the assignment of counsel, such is generally
not available for civil cases. See Matter of Smiley, 36 NY2d 433, 369
NYS2d 87 (1975).
Accordingly, having reviewed the submissions
IT IS ORDERED that motion no. M-75579 be denied.