Opinion
# 2018-050-069 Claim No. 132224 Motion No. M-93163
01-03-2019
L.R. v. THE STATE OF NEW YORK
L.R., Pro Se Hon. Letitia James, Attorney General No Appearance
Synopsis
Claimant's motion to proceed as a poor person and for the appointment of counsel is denied.
Case information
| UID: | 2018-050-069 |
| Claimant(s): | L.R. |
| Claimant short name: | L.R. |
| Footnote (claimant name) : | As this claim involves an alleged victim of a sexual offense, the caption has been amended to give the claimant a fictitious name in order to protect his identity (see Civil Rights Law § 50-b). |
|---|---|
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 132224 |
| Motion number(s): | M-93163 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | L.R., Pro Se |
| Defendant's attorney: | Hon. Letitia James, Attorney General No Appearance |
| Third-party defendant's attorney: | |
| Signature date: | January 3, 2019 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claimant, a pro se inmate, moves to proceed as a poor person and for the appointment of counsel in this action alleging failure to protect, assault and battery by correction officers, sexual assault and exercise discrimination. Defendant takes no position on the motion.
While it is "clear that private litigants have no absolute right to assigned counsel, it also established that courts have discretion to provide uncompensated representation for indigent civil litigants in a proper case" (Wills v City of Troy, 258 AD2d 849 [3d Dept 1999]; see CPLR 1102 [a]). If a claimant is in "danger of grievous forfeiture or the deprivation of a fundamental liberty right" (Wills v City of Troy, 258 AD2d 849 [3d Dept 1999]) it may be appropriate for the court to assign counsel. This claim, however, is not a proper case for appointment of counsel since claimant seeks money damages for personal injuries.
As to proceeding as a poor person, a fee reduction order has already been entered in this case.
Accordingly, motion No. M-93163 is denied.
January 3, 2019
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims The following papers were read and considered by the Court on the claimant's motion: 1. Affidavit in Support of Motion filed November 2, 2018.