SNUSZKI v. Eliot Spitzer, Attorney General of State of New York, Intervenor-Respondent. (2006)

Defendant, an inmate at Sullivan Correctional Facility, was convicted of murder in the second degree for causing the death of his estranged wife, Peggy Anne Bannach Wright (decedent), in 1988.   Plaintiff, the daughter of decedent and administrator of decedent's estate, commenced this action pursuant to Executive Law article 22 seeking to recover, as compensation for decedent's wrongful death, funds received by defendant in settlement of an action against employees of the New York State Department of Correctional Services.   We reject the contention of defendant that Supreme Court abused its discretion in denying his request for assignment of an attorney (see Wills v. City of Troy, 258 A.D.2d 849, 686 N.Y.S.2d 154, lv. dismissed 93 N.Y.2d 1000, 695 N.Y.S.2d 745, 717 N.E.2d 1082;  Morgenthau v. Garcia, 148 Misc.2d 900, 903-904, 561 N.Y.S.2d 867).   Contrary to defendant's further contention, the award of $1 million to plaintiff and her brother does not deviate materially from what would be reasonable compensation for past and future loss of parental guidance (see CPLR 5501[c];  Adderley v. City of New York, 304 A.D.2d 485, 486, 757 N.Y.S.2d 735, lv. denied 100 N.Y.2d 511, 766 N.Y.S.2d 165, 798 N.E.2d 349).   Defendant's remaining contentions were raised and decided in a prior appeal in this action (see Snuszki v. Wright, 1 A.D.3d 879, 767 N.Y.S.2d 749, appeal dismissed 1 N.Y.3d 623, 777 N.Y.S.2d 21, 808 N.E.2d 1280) and reconsideration of those contentions is thus foreclosed (see Mobil Oil Corp. v. City of Syracuse Indus. Dev. Agency, 224 A.D.2d 15, 19, 646 N.Y.S.2d 741, appeal dismissed 89 N.Y.2d 860, 653 N.Y.S.2d 281, 675 N.E.2d 1234, lv. denied 89 N.Y.2d 811, 657 N.Y.S.2d 403, 679 N.E.2d 642).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: