Opinion
# 2015-050-023 Claim No. 125075 Motion No. M-86218
05-27-2015
BURTON SCOTT v. THE STATE OF NEW YORK
Burton Scott, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Timothy J. Flynn, Assistant Attorney General
Synopsis
Claimant's motion for appointment of counsel is denied.
Case information
| UID: | 2015-050-023 |
| Claimant(s): | BURTON SCOTT |
| Claimant short name: | SCOTT |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125075 |
| Motion number(s): | M-86218 |
| Cross-motion number(s): | |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | Burton Scott, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Timothy J. Flynn, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 27, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claimant moves for the appointment of counsel in this action. Defendant opposes the motion. This motion was calendered by the Clerk of this Court for February 25, 2015.
The motion is not accompanied by a copy of the claim. The claimant's statement offered in support of the motion, denominated by claimant as a "declaration", is not in affidavit form as required by CPLR 2214 and 22 NYCRR §§ 206.8 and 9; therefore, even to the very limited extent such statement attempts to characterize the instant claim, it is unavailing as it cannot properly be considered because it is not a sworn statement. In that the relief sought in the context of this motion is available only in very limited circumstances in particular claims (see Matter of Smiley, 36 NY2d 433 [1975]; Russo v State of New York, 50 AD3d 1554 [4th Dept 2008]; Deleon v State of New York, 52 AD3d 1282 [4th Dept 2008]; Williams v State of New York, 21 Misc 3d 1128 [A] 2008 NY Slip Op 52266 [U] [Ct Cl 2008]) the lack of proper proof in support of the motion forecloses consideration of the claimant's request for such relief at this time. Accordingly, the motion is in all respects denied.
May 27, 2015
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 for appointment of counsel: 1. Notice of Motion, "Declaration" in Support. 2. Defendant's Affidavit in Opposition. 3. Claimant's Affirmation in Opposition. 4. Claimant's Affirmation in Opposition filed April 15, 2015.