New York State Court of Claims

New York State Court of Claims
MARSHALL v. THE STATE OF NEW YORK, # 2010-016-013, Claim No. 112493, Motion No. M-77579

Synopsis

Case information

UID: 2010-016-013
Claimant(s): STEVEN MARSHALL
Claimant short name: MARSHALL
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 112493
Motion number(s): M-77579
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Steven Marshall, Pro Se
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: James E. Shoemaker, AAG
Third-party defendant's attorney:
Signature date: February 24, 2010
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant Steven Marshall alleges that while he was incarcerated at Sullivan Correctional Facility, defendant failed to send out two pieces of his legal mail. Here, he moves for an order granting him permission to proceed as a poor person and directing that the State of New York and County of Sullivan "provide for payment of any and all trial subpoena witness[es] and mileage fees . . ."

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 20, 2006 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. With regard to witness and mileage fees, poor person relief does not encompass them, and claimant must bear such costs himself. See, e.g., Endres v State of New York, Ct Cl, December 7, 2007 (unreported, claim no. 111079, motion nos. M-73965, M-73966 and M-74196, UID #2007-015-251(1)

, Collins, J .).

In view of the foregoing, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-77579 be denied.

February 24, 2010

New York, New York

Alan C. Marin

Judge of the Court of Claims


1. This and other decisions of the Court of Claims may be found on the Court's website: www.nyscourtofclaims.state.ny.us.

2. The following were reviewed: claimant's notice of motion with affidavit in support and exhibit A; defendant's affirmation in opposition with exhibits A through C; and the affirmation of Karen Mannino, Esq., Assistant County Attorney of Sullivan County, New York.