New York State Court of Claims

New York State Court of Claims
BROWN v. THE STATE OF NEW YORK, # 2018-054-081, Claim No. 122129, Motion No. M-92493

Synopsis

Pro se motion for assignment of counsel denied.

Case information

UID: 2018-054-081
Claimant(s): KEVIN BROWN
Claimant short name: BROWN
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 122129
Motion number(s): M-92493
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: KEVIN BROWN
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Benjamin L. Maggi, Assistant Attorney General
Third-party defendant's attorney:
Signature date: July 23, 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 application for the assignment of counsel:

Notice of Motion for the Assignment of Counsel, Claimant's Supporting Affidavit and Exhibits

Preliminarily, it is noted that claimant's application is defective because it fails to include an affidavit of service upon the county attorney as required by CPLR 1101(c). In any event, there is no absolute right for the assignment of counsel in a civil case (see Matter of Smiley, 36 NY2d 433, 438 [1975]; see also Russo v State of New York, 50 AD3d 1554 [4th Dept 2008]). Additionally, this type of claim would typically be handled by an attorney on a contingent fee basis; thus the Court is not compelled to exercise its discretion in favor of granting claimant's application for the assignment of counsel (see Planck v County of Schenectady, 51 AD3d 1283 [3d Dept 2008]).

Accordingly, claimant's application is DENIED.

July 23, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims