New York State Court of Claims

New York State Court of Claims

H.L.R. v. THE STATE OF NEW YORK, #2000-011-104, Claim No. 96329


Synopsis


An award made in favor of Claimant, the expense of producing Claimant for trial is to be paid out of the judgment.

Case Information

UID:
2000-011-104
Claimant(s):
H.L.R.
Claimant short name:
H.L.R.
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96329
Motion number(s):

Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Walter, Thayer & Mishler, P.C.(Lanny E. Walter, Esq., of counsel)
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Paul F. Cagino, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
June 14, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


In an order filed March 23, 2000, the court directed the superintendent of the correctional facility where Claimant was incarcerated to produce Claimant for the trial of this action. The order further provided that in the event an award was made in favor of Claimant, the expense of producing Claimant for trial would be paid out of the judgment.

In a bench decision following trial on April 4, 2000, the court made an award of $2,000. Subsequently, in a Decision filed April 27, 2000, the court stayed entry of judgment for the purpose of permitting Defendant an opportunity to submit proof of the reasonable expenses incurred in producing Claimant for the trial. Defendant has now submitted proof establishing the cost of transporting Claimant to be $38.98. As the amount is justified and reasonable, Defendant is entitled to reimbursement of $38.98 for transporting Claimant.

Upon the foregoing, it is,

ORDERED, that judgment be entered in favor of Claimant in the amount of one thousand, nine hundred and sixty-one dollars and two cents ($1,961.02).

LET JUDGMENT BE ENTERED ACCORDINGLY.

June 14, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims