New York State Court of Claims

New York State Court of Claims
WATERS v. THE STATE OF NEW YORK, # 2018-054-050, Claim No. 124487, Motion No. M-92021

Synopsis

Inmate's appeal request for transcript denied.

Case information

UID: 2018-054-050
Claimant(s): KEITH WATERS
Claimant short name: WATERS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124487
Motion number(s): M-92021
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: KEITH WATERS
Pro Se
Defendant's attorney: No Appearance
Third-party defendant's attorney:
Signature date: May 22, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read and considered by the Court on claimant's poor person application:

Notice of Motion, Claimant's Supporting Affidavit and Exhibits

Claimant seeks an order permitting him to proceed as a poor person in the prosecution of an appeal from this Court's Order entered on October 5, 2017 (Waters v State of New York, UID No. 2017-054-001 [Ct Cl, Rivera, J., Aug. 24, 2017) and for an Order directing that he be provided with a copy of the stenographic transcript of the trial without a fee imposed on him.

CPLR 1101 (a) provides that a movant must apply for poor person relief to the court in which an appeal has been or will be taken and that the appellate court shall hear the motion on the merits and shall not remand the motion to the trial court for consideration.

In compliance with CPLR 1101 (a), claimant has applied for poor person relief in the Appellate Division, Third Department (Ex. B). The Third Department denied claimant's application by Decision and Order entered December 7, 2017. Claimant cannot seek redress from this court.

Accordingly, claimant's application is DENIED.

May 22, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims