SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM



-----------------------------------------------X
VICTORIA GAINES,

                     Plaintiff,                     DECISION & ORDER



              - against -                           Index No. 456/97 




PUTNAM HOSPITAL CENTER,


                   Defendant.
-------------------------------------------------X
HICKMAN, J.

is granted and plaintiff shall not be charged

for an index number or Request for Judicial Intervention

or any other filing or service fees.

The application does not seek appointment of pro bono counsel

nor would same be granted. Inasmuch as no complaint

has yet been filed, this disposes of the matter

on the Court's calendar.

          No further motions may be made without the permission

of the Court granted upon written, non-ex parte request.

      So ordered.



                                    S. BARRETT HICKMAN, J.S.C.

DATED:     July 24, 1997
           Carmel, New York

TO:        Victoria Gaines

           Carl Lodes, Esq.
           Putnam County Attorney

___________________________________________________                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
VICTORIA GAINES           , Plaintiff               | 
                           (Petitioner)             |                                                                                                        
                                                    |                                                                                                        
                                                    | AFFIDAVIT IN SUPPORT OF                                         
                                                    | APPLICATION FOR WAIVER                                        
                                                    | OF FILING AND SERVICE                                         
              v.                                    | FEES AND COSTS AND                                         
                                                    | TO PROCEED AS A POOR                                         
                                                    | PERSON
PUTNAM HOSPITAL CENTER          , Defendant         |                                          
                                  (Respondent)      |                                          
                                                    |                                                                                                        
                                                    |                                                                                                        
____________________________________________________|

The undersigned, being duly sworn, says:

1. I am the plaintiff or petitioner in this case.

This statement is made in support of my request

(a) for waiver of the index number fee

and/or any other filing and service fees and costs,

and(b) to proceed in this case as a poor person.


2. I support myself and 0 - n others in my household.



3. My only source of income is (check one):

[   ] Public assistance
[   ] Social security/SSI
[xxx] Other checking account for $2500

4. The amount of income I receive each month is $ $0



5. Check one of the items below:

[   ]I do not have a bank account.
[xxx] I have a bank account with approximately $2500 in the account.

6. I own the following property which has an estimated

value as indicated: [IF NONE, WRITE "NONE"]


LIST PROPERTY VALUE


51 shares of IBM stock @ $7,500

1986 Mercury Sable @ $1,500

7. I have no other savings, property or assets.

8. I am unable to pay the costs, fees and expenses

necessary to assert my rights in this case.

9. No one else who is able to pay any required

costs and fees has a beneficial interest in the

results of this case.


10. The facts of my case are described in my court papers,

which are attached.

11. I have made no prior request for this relief in this case.

    WHEREFORE, I request (a) that all fees relating

to the filing and service of this action

or proceeding be waived, and (b) that I be

permitted to proceed in this case in all respects

as a poor person.

(Signature)

Sworn to before me

this 6th day of March, 1997.


KATHLEEN S. JONES
Notary Public, State of New York
No. 6O-4614OO6
Qualified in Westchester County
Commission Expires August 30, 1997

___________________________________________________                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
                                                    |                                                                                                        
VICTORIA GAINES           , Plaintiff               | 
                           (Petitioner)             |                                                                                                        
                                                    |                                                                                                        
                                                    | AFFIDAVIT IN SUPPORT OF                                         
                                                    | APPLICATION FOR WAIVER                                        
                                                    | OF FILING AND SERVICE                                         
              v.                                    | FEES AND COSTS AND                                         
                                                    | TO PROCEED AS A POOR                                         
                                                    | PERSON
PUTNAM HOSPITAL CENTER          , Defendant         |                                          
                                  (Respondent)      |                                          
                                                    |                                                                                                        
                                                    |                                                                                                        
____________________________________________________|

(a) I, Victoria. D. Gaines, on behalf of myself

and every other such poor, allegedly mentally ill

person who was/is: denied the legal right to refuse

psychiatric medical treatment and is, therefore,

often too incapacitated by psychiatric drugs;

wishing to forget the degrading, dehumanizing

experience of involuntary commitment as fully

and as quickly as possible; unaware of what

misrepresentations may exist in their hospital

records; ignorant of U.S. Constitutional and NYS

Mental Hygiene Laws; too poor and lacking contacts

or resources to secure a reasonably competent lawyer

to represent them in their legal fight for their dignity

and right to life, liberty and the pursuit of happiness

while hospitalized; and who is also too poor upon discharge

to seek legal redress for the wrongs perpetrated against

them while hospitalized by those in positions of power,

do make this ardent appeal for waiver of filing and

service fees and costs and to proceed as a poor person.

This appeal is made especially on behalf of all people

of color and women (especially those who have been

involuntarily committed after verbal, emotional and/or

physical abuse) who have found ourselves abused in domestic

relations, victimized by the dehumanizing prejudices against

us in the society atlarge, and then when involuntarily

committed find ourselves subsequently once again abused

by the psychiatric profession and/or judicial system.

The aforementioned castes/classes of persons are the major

ones beneficially interested in any recovery sought, but

all members of such castes/classes are not necessarily

unable to pay costs,fees and expenses.

3. I have very limited savings (IRAs and a six-month

expenses' nest egg). Due to my hospitalization and my

current living arrangements,

I have yet to return

to work and the funds in my checking account are quickly

dwindling. I am currently attempting to secure a position

working on my legal case as I speak to different

organizations. When I find employment I will be able

to pay for some court expenses.

I have contacted two law firms that informed me

they believe I have a good case but a very expensive one

to pursue, therefore, I am also currently in the process of

contacting political groups to which I once belonged, and

other law firms, which might be able to help support me

in my suit against Putnam Hospital Center, Et Al.



5. I claim Putnam Hospital Center acted unethically,

unprofessionally and negligently and that Putnam Hospital

Center and others violated my Constitutional and Civil Rights

(I was denied freedom of speech; freedom of religion;

the right to be different; the right to refuse treatment;

assaulted and battered; falsely imprisoned; defamed;

discriminated against due to my race, gender, class and

nonconformity; denied true due process; denied the

right to confront my accusers; treated inhumanely; etc.)

when I was involuntarily committed and treated against my

will from June 27, 1996 to July 25, 1996.

I have filed an official complaint about my mistreatment

with the New York State Department of Health

(office located in New Rochelle) and an investigation has

already commenced.

(See attached letter and copy of Summary of Complaints).

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