New York State Court of Claims

New York State Court of Claims

DIRKS v. THE STATE OF NEW YORK, #2000-011-541, Claim No. 97340, Motion No. M-61736


Synopsis


Judgment entered in favor of Claimant, however, Defendant is entitled to reimbursement for transporting Claimant to trial

Case Information

UID:
2000-011-541
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:
July 6, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision


In an order filed May 23, 2000, the court directed the Sheriff of the County of Ulster 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 May 24, 2000, the court made an award of $3,000. Subsequently, in a Decision and Order filed on June 1, 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 submitted proof establishing the cost of transporting Claimant to be $177.90. As the amount is justified and reasonable, Defendant is entitled to reimbursement of $177.90 for transporting Claimant.

Upon the foregoing, it is,

ORDERED, that judgment be entered in favor of Claimant in the amount of three thousand dollars ($3,000.00) less one hundred seventy-seven dollars and ninety cents ($177.90) representing the cost of transporting Claimant to trial.

LET JUDGMENT BE ENTERED ACCORDINGLY.


July 6, 2000
Saratoga Springs, New York

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