Opinion
October 5, 2000.
Appeal from an order of the Court of Claims (Bell, J.), entered August 31, 1999, which denied claimant's motion for assignment of an expert witness.
Roberto Ciaprazi, Dannemora, appellant in person.
Eliot Spitzer, Attorney-General (Victor Paladino of counsel), Albany, for respondent.
Before: Mercure, J.P., Peters, Spain, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant, an inmate, commenced this action seeking damages against the State for its alleged negligence in exposing him to tuberculosis while incarcerated at Clinton Correctional Facility in Clinton County. Claimant moved for an order assigning him an expert witness or directing payment of funds to retain an expert to assist in pursuing claimant's cause of action. The Court of Claims denied claimant's motion, prompting this appeal. We affirm.
As noted by the Court of Claims, claimant provides no statutory or case authority authorizing the payment of expert witness fees in civil cases brought by litigants. Rather, it has been held that even in cases involving in forma pauperis litigants, plaintiffs are responsible for bearing the cost of their litigation (see, Boring v. Kozakiewicz, 833 F.2d 468, 474, cert denied 485 U.S. 991; see also, Pedraza v. Jones, 71 F.3d 194, 196; Malik v. Lavalley, 994 F.2d 90). Accordingly, we find no reason to disturb the order of the Court of Claims.
ORDERED that the order is affirmed, without costs.