New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2000-029-021, Claim No. 95458


Synopsis


Prisoner - property lost from package room. Failure of proof, no liability. Dismissed.

Case Information

UID:
2000-029-021
Claimant(s):
RONALD JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95458
Motion number(s):

Cross-motion number(s):

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

Signature date:
September 26, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim, by an inmate appearing
pro se, alleges negligence on the part of the defendant in allowing items of personal property to be lost or stolen from the Package Room at Sing Sing Correctional Facility (hereinafter Sing Sing). The claim also alleges that the incidents were negligently investigated by officials at Sing Sing. The trial of this claim was held at Sing Sing on September 21, 2000.
At trial, claimant testified that at various times packages were sent to him at Sing Sing and that the packages, or items from the packages, were lost or stolen by employees in the Sing Sing Package Room. Claimant further testified that when he reported these incidents to officials at Sing Sing, the investigations were conducted in a negligent manner.

In response to an inquiry from the Court, claimant stated that he had documentation with him to substantiate his allegations. The Court advised claimant that it would be necessary for him to offer the documents and have them admitted into evidence for the Court to consider them in determining his claim. Upon repeated inquiry, Claimant advised the Court on three (3) separate occasions during the trial that the documents were in his folder on the table in front of him, but that he would not introduce them into evidence at the trial.

Claimant did not submit any documentary evidence to establish he owned and possessed the property on the date he alleges the property was lost or stolen. As a result, the Court finds that claimant has not sustained 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. All other motions, on which the Court reserved decision, are now denied. The Chief Clerk is directed to enter judgment accordingly.

September 26, 2000
White Plains, New York

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