New York State Court of Claims

New York State Court of Claims

VARGAS v. THE STATE OF NEW YORK, #2001-010-056, Claim No. 95906


Synopsis


Inmate loss of property recovers in the amount of $40.00

Case Information

UID:
2001-010-056
Claimant(s):
EVERO VARGAS
Claimant short name:
VARGAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95906
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
EVERO VARGASPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 9, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, an inmate proceeding
pro se, seeks damages for the loss of his personal property during his transfer from one cell block to another within Sing Sing Correctional Facility.
Claimant testified that on March 28, 1996, he was removed from his cell in B block. He did not pack his own belongings (Ex. 1, Inmate Claim Form). Rather, Correction Officer Dumas packed claimant's items and completed the I-64, Inmate Property Transferred form (Ex.1, I-64 Form). When claimant received his property, he noticed that his gold chain with a religious medallion was missing. Claimant filed a Department of Correctional Services Inmate Claim Form, which was denied on the grounds that the officer who packed claimant's property did not list any jewelry on the I-64 form (Ex. 1, Inmate Claim Form).

Claimant submitted numerous documents supporting his testimony that he possessed a gold chain with a religious medallion. (Ex. 3, Proof of Ownership document from Clinton Correctional Facility dated June 5, 1994; Ex. 4, I-64 form, dated June 19, 1995 detailing property in claimant's possession when he was transferred from Clinton Correctional Facility to Sing Sing Correctional Facility; Ex.1, Sing Sing Correctional Facility Local Permit form dated June19, 1995).

Claimant maintains that defendant failed to properly secure his property, which resulted in the loss of claimant's jewelry. Defendant argues that, if the jewelry was not listed on the I-64 form, then it was not in claimant's possession (Ex. A).

Upon listening to claimant testify and observing his demeanor as he did so, the Court finds that claimant's testimony, coupled with his documentary evidence, establishes that claimant possessed a chain with a religious medallion prior to his transfer and that the defendant was negligent in its failure to secure such property.

Accordingly, the Court finds that claimant is entitled to a judgment in the amount of $40.00 with interest from March 28, 1996.

LET JUDGMENT BE ENTERED ACCORDINGLY.


August 9, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims