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.