New York State Court of Claims

New York State Court of Claims

LONG v. THE STATE OF NEW YORK, #2000-028-0013, Claim No. 99143


Synopsis


Inmate claim is dismissed because claimant previously filed an institutional claim and accepted compensation for the loss

Case Information

UID:
2000-028-0013
Claimant(s):
LINCOLN LONG
Claimant short name:
LONG
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99143
Motion number(s):

Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
LINCOLN LONG, pro se
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kevan Acton, Esq. Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 30, 2000
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision
This bailment claim arose in June 1998 when claimant was transferred from Auburn Correctional Facility to the Lakeview Shock Incarceration Facility. According to the claim, claimant discovered that some items were missing from his property when he arrived at Lakeview.

At trial of this action, counsel for defendant presented an institutional claim form, signed by claimant on October 10, 1998 and approved by Superintendent Ronald W. Moscicki on November 13, 1998 (Exh. A). By this document, the State Comptroller was directed to pay claimant $136.50 in compensation for the lost items.

Inasmuch as claimant has been compensated for his loss, this claim was dismissed, without objection from claimant.

Let judgment be entered accordingly.


November 30, 2000
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims