New York State Court of Claims

New York State Court of Claims

DIRKS v.THE STATE OF NEW YORK, #2000-011-531, Claim No. 97340, Motion No. M-61736


Synopsis


Claimant brings this claim against the State of New York for failing to timely release him from incarceration. Entry of judgment staying pending receipt of affidavit for transporting claimant.

Case Information

UID:
2000-011-531
Claimant(s):
DARREN DIRKS
Claimant short name:
DIRKS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97340
Motion number(s):
M-61736
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Petro and Grieco, Esqs.(Robert C. Grieco, Esq., of counsel)
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michele M. Walls, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
May 24, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


Claimant, Darren Dirks, brings this claim against the Defendant, State of New York, for failing to timely release him from incarceration. A trial was held in this matter on May 24, 2000. At the conclusion of the trial, a bench decision was rendered on the record awarding judgment to the Claimant in the amount of $3000.

In an order filed May 23, 2000, the court directed the Ulster County Sheriff's Department, the correctional facility at which Claimant was then incarcerated, to produce Claimant in Albany for the trial of this action. The order also provided that in the event Claimant received an award in this claim, the costs of producing him for the trial would be paid out of the judgment. In accordance with the order, the Ulster County Sheriff's Department is directed to provide to the court within twenty days of the filing of this decision, an affidavit by a responsible and knowledgeable employee setting forth the costs incurred in producing the Claimant at the trial of this claim. The affidavit should also be served on the attorney for Claimant who will have until the thirtieth day after filing of this decision to provide a response. In the event that the affidavit setting forth the costs is not provided to the court and the attorney within the specified twenty days, the right to recover such costs will be deemed waived. Entry of judgment is stayed pending resolution of this issue.


May 24, 2000
Saratoga Springs, New York

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