In re Joseph

OPINION OF THE COURT

Arthur W. Lonschein, J.

The petitioner, Aaron Joseph, seeks leave to sue as a poor person pursuant to CPLR 1101. At present, petitioner is serving a sentence of 4 to 12 years in prison, having been convicted in this court of the crime of assault in the first degree in that he, with intent to disfigure his wife, threw a *725bottle of acid in her face. The proposed defendant who petitioner seeks to sue is the lawyer who represented him at the trial.

The petitioner, as a matter of law, is a poor person. He owns no property and his sole income is derived from his earnings in prison…