Stoytchev v. City of Yonkers

Background

George Stoytchev applied for appointment of pro bono counsel, meaning a volunteer lawyer. On February 5, 2024, the court had denied his earlier application without prejudice, subject to his applying to proceed without paying court fees and having that application granted. Stoytchev filed that application on February 14, 2024, and the court granted it before deciding the counsel application.

Court’s analysis

The court considered whether Stoytchev was financially eligible and the factors identified by the U.S. Court of Appeals for the Second Circuit in Hodge v. Police Officers. Those factors included whether his claims appeared sufficiently substantial, his ability and efforts to obtain a lawyer, and his ability to handle the case without legal assistance.

The court found that Stoytchev had shown financial eligibility because his application to proceed without paying court fees had been granted. It also found that he had litigated the case through completion of almost all discovery, that his claims were sufficiently substantial to proceed to trial, that he had made significant unsuccessful efforts to obtain counsel, and that he would benefit from counsel’s assistance in presenting his claims at trial.

Disposition

Judge Andrew E. Krause granted Stoytchev’s application for appointment of pro bono counsel. The opinion does not identify the underlying claims or the lawyer who would be appointed.