New York State Court of Claims

New York State Court of Claims

JONES v. THE STATE OF NEW YORK, #2000-029-013, Claim No. 95452


Synopsis


Prisoner - bailment - failure of proof. No liability - dismissed.

Case Information

UID:
2000-029-013
Claimant(s):
KEVIN JONES
Claimant short name:
JONES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95452
Motion number(s):

Cross-motion number(s):

Judge:
STEPHEN J. MIGNANO
Claimant's attorney:
Kevin Jones, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General for the State of New YorkBy: Elyse Angelico, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 23, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This
pro se prisoner claim alleges negligence on the part of the defendant in losing items of claimant's property when he was transferred from Sing Sing Correctional Facility (hereinafter Sing Sing) to Great Meadow Correctional Facility (hereinafter Great Meadow) on October 17, 1996. The trial of this action was held at Sing Sing on August 17, 2000.
Claimant testified at trial that on October 17, 1996 he was to be transferred from Sing Sing to Great Meadow and that prior to leaving Sing Sing his property was inventoried and packed into eight draft bags. Claimant stated that four of the bags were transported with him to Great Meadow, but that he had to ship the other four bags at his own expense. Claimant testified that only three of the four bags shipped at his expense arrived at Great Meadow. He asserts that the remaining bag of property was lost as a result of the State's negligence. In response to a question from the Court, claimant stated that he has I-64 Forms (Personal Property Transferred Forms) for when he left Sing Sing, but not for when he arrived at Great Meadow. However, claimant did not present any documentary evidence at trial to establish he owned and possessed the property he alleges was lost or that he turned such property over to the defendant. In addition, the Court notes that claimant did not present any evidence to establish negligence committed by the State as opposed to the shipping company (i.e., Postal Service, United Parcel Service) that was responsible for transporting claimant's property from Sing Sing to Great Meadow. The Court finds that claimant has not met his burden of proof in this matter.

At the close of claimant's case, the State moved to dismiss based upon the failure of claimant to establish a prima facie claim for bailment (
Claflin v Meyer, 75 NY 260; Northbrook Prop. & Cas. Ins. Co. v D.J.L. Warehouse Corp., 160 AD2d 917; Harrison v State of New York,
Claim No. 90980, filed 6/11/97, Benza, J.). The Court now grants the motion and the claim is dismissed. The Chief Clerk is directed to enter judgment accordingly.

August 23, 2000
White Plains, New York

HON. STEPHEN J. MIGNANO
Judge of the Court of Claims