New York State Court of Claims

New York State Court of Claims

LOPEZ v. THE STATE OF NEW YORK, #2009-016-024, Claim No. 116175, Motion No. M-76121


Synopsis


Motion to proceed as a poor person and for the appointment of counsel was denied.

Case Information

UID:
2009-016-024
Claimant(s):
RAMON LOPEZ
1 1.The caption has been amended to reflect that the sole properly named defendant is the State of New York.
Claimant short name:
LOPEZ
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect that the sole properly named defendant is the State of New York.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
116175
Motion number(s):
M-76121
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Ramon Lopez, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Esq., AAG
Third-party defendant’s attorney:

Signature date:
June 1, 2009
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Ramon Lopez moves for permission to proceed as a poor person and for the appointment of counsel. In his underlying claim, Mr. Lopez alleges that after he threw a cup of feces at another Sullivan Correctional Facility inmate on July 24, 2008, he was assaulted by such inmate in the dining hall because a correction officer “intentionally and maliciously” opened the other inmate’s cell door, “ignor[ing]” the animosity between the two. 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 December 23, 2008 Order of Presiding 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[2], IT IS ORDERED that motion no. M-76121 be denied.


June 1, 2009
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [2]The following were reviewed: claimant’s notice of motion with affidavit in support and undesignated exhibit; defendant’s affirmation in opposition; claimant’s “Motion for Extension”; and claimant’s reply affirmation with “exhibit D.”