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If you were granted Poor Person Status for the court fees, then you may publish in The New York Law Journal for no cost as long as you fax. COUNTY OF deposes and says: SS: 2.Article 78 is New York State law, and does not apply in other states. If you sue in Small Claims Court: • You are the claimant or plaintiff. • The person or business you sue is the defendant. Introduction. This pamphlet is intended as a general guide to assist a person in prosecuting a civil matter in the Appellate Division, Second Department.