New York State Court of Claims

New York State Court of Claims

GUILLEBEAUX v. THE STATE OF NEW YORK, #2000-007-519, Claim No. 98025


Synopsis


Claimant contends that a bag of his personal property was lost by defendant when he was transferred from the special housing unit to another unit at
Clinton Correctional Facility
. $230 award.

Case Information

UID:
2000-007-519
Claimant(s):
DARIUS GUILLEBEAUX
Claimant short name:
GUILLEBEAUX
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98025
Motion number(s):

Cross-motion number(s):

Judge:
John L. Bell
Claimant's attorney:
Darius Guillebeaux, 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:
May 23, 2000
City:
Plattsburgh
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant contends that a bag of his personal property was lost by defendant when he was transferred from the special housing unit (hereinafter SHU) to another housing unit at
Clinton Correctional Facility on December 19, 1997.
Claimant testified that he had been in SHU at Clinton and on December 19 he was transferred to another unit within the facility. When his bags of property were delivered by defendant, claimant noticed that one of the bags belonged to another inmate and that one of his bags was missing. He told the officer about the mix-up. The other inmate's bag was taken away to be returned, but claimant's missing bag of property was not located.

The competent proof established that one bag of claimant's property was lost while in the possession of defendant. Defendant is thus liable for claimant's property contained in the lost bag (
see, 7 NYCRR § 1700.7; see also, Weinberg v D-M Rest. Corp., 60 AD2d 550). Claimant is entitled to recover the fair market value of the lost property (see, Phillips v Catania, 155 AD2d 866).
The court awards claimant damages as follows:
Two dress shirts $ 40
Two sweatshirts 30
One sweat pants 15
One rug 13
One pair of Nike sneakers 50
One towel 7
One walkman radio 40
Headphones 25
Assorted cosmetics
10
Total $230


The Chief Clerk of the Court of Claims is directed to enter judgment against defendant in the amount of $230, together with interest at the legal rate from December 19, 1997.

May 23, 2000
Plattsburgh, New York

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