From Casetext: Smarter Legal Research

Brooks v. State

New York State Court of Claims
May 28, 2015
# 2015-015-059 (N.Y. Ct. Cl. May. 28, 2015)

Opinion

# 2015-015-059 Claim No. 117849 Motion No. M-86348

05-28-2015

BROOKS v. THE STATE OF NEW YORK

William H. Brooks, pro se No Appearance


Synopsis

Motion for leave to appeal as a poor person was denied as it should be made in the Appellate Division.

Case information


UID:

2015-015-059

Claimant(s):

WILLIAM H. BROOKS

Claimant short name:

BROOKS

Footnote (claimant name) :

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

117849

Motion number(s):

M-86348

Cross-motion number(s):

Judge:

FRANCIS T. COLLINS

Claimant's attorney:

William H. Brooks, pro se

Defendant's attorney:

No Appearance

Third-party defendant's attorney:

Signature date:

May 28, 2015

City:

Saratoga Springs

Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant seeks leave to appeal as a poor person.

CPLR 1101 permits a person to move for leave to prosecute an appeal as a poor person in either the court in which the action is triable or the court to which an appeal has been or will be taken. It has been noted that "[w]hile a motion for poor person relief to prosecute an action in a trial court may be made to the trial court, a motion for poor person relief on appeal should be made to the appellate court by which the appeal will be heard" (Johnson v State of New York, UID No. 2014-038-537 [Ct Cl, DeBow, J., August 19, 2014], citing Vincent C. Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C1101:6, at 362). As a result, the instant motion is denied with leave to renew in the court to which the appeal has been or will be taken.

May 28, 2015

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers considered:

1. Notice of Motion dated February 5, 2015;

2. Affidavit in support of motion sworn to February 5, 2015.


Summaries of

Brooks v. State

New York State Court of Claims
May 28, 2015
# 2015-015-059 (N.Y. Ct. Cl. May. 28, 2015)
Case details for

Brooks v. State

Case Details

Full title:BROOKS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: May 28, 2015

Citations

# 2015-015-059 (N.Y. Ct. Cl. May. 28, 2015)