Opinion
# 2016-018-715 Claim No. 127283 Motion No. M-88015
04-12-2016
PAUL STEPHANSKI v. STATE OF NEW YORK
PAUL STEPHANSKI Pro Se No Appearance
Synopsis
After review of the claim and opposition from the Deputy County Attorney, The Court will not exercise its discretion to appoint an attorney to appear without compensation in this matter. Claimant's motion is DENIED.
Case information
| UID: | 2016-018-715 |
| Claimant(s): | PAUL STEPHANSKI |
| Claimant short name: | STEPHANSKI |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 127283 |
| Motion number(s): | M-88015 |
| Cross-motion number(s): | |
| Judge: | DIANE L. FITZPATRICK |
| Claimant's attorney: | PAUL STEPHANSKI Pro Se |
| Defendant's attorney: | No Appearance |
| Third-party defendant's attorney: | |
| Signature date: | April 12, 2016 |
| City: | Syracuse |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant moves to have this Court grant him poor person status and to appoint an attorney to represent him on his pending assault claim. The motion is opposed by the Deputy County Attorney of Jefferson County.
The claim was filed on December 29, 2015. It arises from an incident which occurred on September 30, 2015, when Claimant was an inmate in the Special Housing Unit at Cape Vincent Correctional Facility, and was allegedly assaulted by several correction officers for smoking a cigarette. Currently, Claimant is being held in Southport Correctional Facility, and he argues he cannot afford to hire an attorney or pay the fees or costs necessary to prosecute this action.
Filing fee has been reduced by the Honorable Richard E. Sise, Acting Presiding Judge, Order number NY001805J, dated January 13, 2016. --------
The Deputy County Attorney for the County of Jefferson submits an affidavit in opposition to Claimant's motion. The Deputy County Attorney contends that cases such as this do not warrant assigned counsel paid by the public because Claimant's liberty interests are not involved in this case. County Law section 722 does not authorize assignment of legal counsel as a county government expense for this type of case.
The appointment of counsel in this type of case, which is for injuries arising from an assault, is not required by the constitution or statute, it is discretionary (see Matter of Smiley v State of New York, 36 NY2d 433 [1975]; Wills v City of Troy, 258 AD2d 849 [3d Dept 1999]; Russo v State of New York, 50 AD3d 1554 [4th Dept 2008]). For litigants involved in private litigation, absent statutory authority therefor, without any risk of loss of liberty or grievous forfeiture, the Courts have no authority to direct the provision of counsel or to require compensation of retained counsel out of public funds (Matter of Smiley, 36 NY2d at 438).
After reviewing the claim and the circumstances of this case, the Court will not exercise its discretion to appoint an attorney to appear without compensation in this matter (see Matter of Smiley, 36 NY2d at 438; Wills, 258 AD2d at 849).
Based upon the foregoing, Claimant's motion is DENIED in its entirety.
April 12, 2016
Syracuse, New York
DIANE L. FITZPATRICK
Judge of the Court of Claims The Court has considered the following in deciding this motion: 1) Notice of Motion. 2) Affidavit of Paul Stephanski, sworn to December 7, 2015, in support. 3) Affidavit of John L. Sabik, Deputy County Attorney for the Court of Jefferson, sworn to February 17, 2016, in opposition.