New York State Court of Claims

New York State Court of Claims

WASHINGTON v. THE STATE OF NEW YORK, #2001-010-081, Claim No. 97871, Motion No. M-64051


Synopsis


Claimant's motion for summary judgment is granted and claimant is awarded $40.00 in damages for wrongful confinement.

Case Information

UID:
2001-010-081
Claimant(s):
HERBERT WASHINGTON
Claimant short name:
WASHINGTON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97871
Motion number(s):
M-64051
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
HERBERT WASHINGTONPro 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:
December 13, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-4 were read and considered by the Court on claimant's motion for summary judgment:
Notice of Motion, Claimant's Supporting Affidavit and Exhibits...........................1

Claimant's Letter to the Court Dated October 23, 2001[1]..........................................2

Defendant's Letter Dated October 26, 2001 Taking No Position on the Motion.....3

Defendant's Letter Dated December 11, 2001.........................................................4

Filed Papers: Claim, Answer

Claimant seeks summary judgment on Claim No. 97871 which alleges that claimant was excessively confined in keeplock from February 21, 1998 until February 24, 1998 and seeks damages in the amount of $30,150.00.

Defendant does not dispute the factual allegations regarding the excessive confinement; however defendant does dispute the amount of damages asserted.

Upon review of all the documents submitted, this Court finds that claimant was wrongfully confined for four days and that he is entitled to damages in the amount of $10.00 per day, for a total of $40.00, as fair and reasonable compensation (see, Minieri v State of New York, 204 AD2d 982).

LET JUDGMENT BE ENTERED ACCORDINGLY.


December 13, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] Claimant's letter to the Court seeks reversal of this Court's Decision and Order file stamped October 22, 2001 which denied claimant's motion for summary judgment on Claim No. 97428. A letter is not the proper manner for claimant to challenge such Decision and Order. In any event, that Order did not address Claim No. 97871, which is the basis of the instant motion.