New York State Court of Claims

New York State Court of Claims

LIVINGSTON v. THE STATE OF NEW YORK, #2000-007-508, Claim No. 97971


Synopsis


Claimant alleges that various items of his personal property were lost when he was transferred from
Clinton Correctional Facility
to Attica Correctional Facility. Award.

Case Information

UID:
2000-007-508
Claimant(s):
DETROY LIVINGSTON
Claimant short name:
LIVINGSTON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97971
Motion number(s):

Cross-motion number(s):

Judge:
John L. Bell
Claimant's attorney:
Detroy Livingston, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General
(Michael Rizzo, Esq., Assistant Attorney General, of Counsel)
Third-party defendant's attorney:

Signature date:
April 26, 2000
City:
Plattsburgh
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant alleges that various items of his personal property were lost when he was transferred from
Clinton Correctional Facility (hereinafter Clinton) to Attica Correctional Facility (hereinafter Attica) in April 1996.
Claimant stated that his property on D block at Clinton was packed into four bags on April 15, 1996. He was transferred to Attica and received his property on April 23, 1996. He inspected his property and noticed that numerous items were missing. He therefore refused to sign the I-64 form in the area on the form provided to acknowledge receipt of property. Defendant admitted at trial that it had lost the relevant I-64 form. After claimant had commenced the claim, some of his property was found and claimant wrote a letter to an Assistant Attorney General withdrawing the part of the claim pertaining to such items. The court concludes that claimant has established that the remaining items were lost while in the possession of defendant. He is thus entitled to compensation for such items. The court finds reasonable compensation for the lost items as follows:
27 Magazines $ 27.00
10 Packs of cigarettes 15.00
20 U.S. postage stamps 6.40
2 Books 10.00
2 Crew-neck sweaters 30.00
1 Pair of Nike sneakers 50.00
10 Photographs 5.00
1,756 Pages of transcripts @ .25 per page
439.00
$ 582.40


Total damages are $582.40.
The Chief Clerk of the Court of Claims is directed to enter judgment against defendant in the amount of $582.40, together with interest at the legal rate from April 23, 1996 to October 23, 1996 and from March 16, 1998 to date of decision and thereafter to date of entry of judgment.


April 26, 2000
Plattsburgh, New York

HON. JOHN L. BELL
Judge of the Court of Claims