Maldonado v. New York State Bd. of Parole

Decision Date26 October 1979
Citation424 N.Y.S.2d 589,102 Misc.2d 880
PartiesIn the Matter of the Application of Miguel MALDONADO, Petitioner, for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. NEW YORK STATE BOARD OF PAROLE, Respondent.
CourtNew York Supreme Court

Robert Abrams, Atty. Gen., for the State; John Zenir, Asst. Atty. Gen., Poughkeepsie, of counsel.

Miguel Maldonado, pro se.

RAYMOND E. ALDRICH, Jr., Justice.

The motion of petitioner captioned as a CPLR Article 78 proceeding seeks to proceed pro se and that Robert Dana, an inmate law clerk, be appointed as his spokesman or advocate with respect to this proceeding in the place of his designated attorney-at-law duly admitted to practice law under our judicial system, is denied as the Court is unaware of any authority which permits a lay person to appear on another person's behalf and to act as his attorney in a court of law unless admitted to so practice. Under the statutes of this state, only those persons permitted by law to practice before the courts of this state may act as a legal representative of another person in a courtroom proceeding or fulfill the capacity of a practicing attorney.

The Court further observes that the motion to relieve the court appointed attorney has not been served upon him, although even if petitioner or Robert Dana had done so, the relief would be denied.

If petitioner wishes to proceed pro se he may do so, and he will not be denied that right, but he cannot have Robert Dana act as his attorney or in any capacity other than as a witness or an advisor out of court for no person may practice law without being first admitted to the Bar.

Pursuant to the provisions of the Judiciary Law § 478 and § 484, only persons admitted to practice before the courts of this state (with certain enumerated exceptions not applicable herein) may do so, the Legislature acknowledging that those who receive legal assistance must obtain same from those who have had adequate training and experience to fully inform them of the intricacies of the legal circumstances confronting them. Violation of that proscription is punishable as a misdemeanor (Judiciary Law § 485).

Were this a criminal proceeding, the Court also notes that while petitioner may have a constitutional right to defend himself pro se should he elect to do the same (e. g. People v. McIntyre, 36 N.Y.2d 10, 364 N.Y.S.2d 837, 324 N.E.2d 322), said right to pro se representation in a criminal proceeding does...

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6 cases
  • Blair v. Maynard
    • United States
    • West Virginia Supreme Court
    • 21 Diciembre 1984
    ... ... 149 (1977); State ex rel. Stephan v. O'Keefe, 235 Kan. 1022, 686 P.2d 171 (1984); Hickman ... Weber, 338 Mich. 341, 61 N.W.2d 84 (1953); Maldonado v. State Board of Parole, 102 Misc.2d 880, 424 N.Y.S.2d 589 (1979); State ... ...
  • People v. Williams
    • United States
    • New York Supreme Court
    • 13 Junio 1988
    ...530 N.Y.S.2d 472 ... 140 Misc.2d 136 ... The PEOPLE of the State of New York, ... Timothy WILLIAMS, Defendant ... Supreme Court, Criminal ... Pilgrim, 93 A.D.2d 461, 462 N.Y.S.2d 238 Maldonado v. New York State Board of Parole, 102 Misc.2d 880, 424 N.Y.S.2d 589 ... ...
  • Byrd v. N.Y. City Hous. Auth.
    • United States
    • New York Supreme Court
    • 20 Octubre 2010
    ... ... Pursuant to Article 78 of the Civil Practice Law and Rules, v.NEW YORK CITY HOUSING AUTHORITY, RespondentIndex No. 401864/2010SUPREME COURT OF HE STATE OF NEW YORKCOUNTY OF NEW YORKDated: October 20, 2010Page ... of the determination (Matter of Biondo v New York State Bd of Parole, 60 NY2d 832, 834 [1983]).The record indicates that NYCHA mailed the ... v Village of Wurtsboro, 123 Misc 2d 694; see, also, Matter of Maldonado v New York State Bd of Parole, 102 Misc 2d 880). As a matter of law, ... ...
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Abril 1987
    ... ... fellow inmate was not admitted to the practice of law either in this State or any other jurisdiction, and, therefore, his attempted representation of ... , 16 N.Y.2d 163, 263 N.Y.S.2d 953, 211 N.E.2d 329; Matter of Maldonado v. New York State Bd. of Parole, 102 Misc.2d 880, 424 N.Y.S.2d 589) ... ...
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