New York State Court of Claims

New York State Court of Claims

SILVERA v. THE STATE OF NEW YORK, #2002-010-003, Claim No. 102110


Synopsis


Inmate claimant is awarded $60.00 for lost property.

Case Information

UID:
2002-010-003
Claimant(s):
KEITH SILVERA
Claimant short name:
SILVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102110
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
KEITH SILVERAPro 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:
February 26, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for property that was confiscated during his incarceration at Sing Sing Correctional Facility.
Claimant testified that on February 22, 1999, he was placed in Involuntary Protective Custody and his personal property, alleged to be valued at $315.00, was confiscated (Ex. A).[1] He requested that the property be returned to him or that he be given an opportunity to mail the items home. A spool of burgundy yarn was classified as contraband and only one pair of boots have since been returned.
Once the State took possession of claimant's personal property, the State had a duty to secure the safety of the items (
see, Pollard v State of New York, 173 AD2d 906). The State offers no explanation for its failure to return claimant's personal property which was not classified as contraband. Claimant, however, did not offer any proof, other than his own unsupported estimates, of the value of the property.
Accordingly, the Court finds that claimant is entitled to an award of $60.00 for his lost property, with interest from February 22, 1999 to August 22, 1999 and from March 10, 2000 to date of decision and, thereafter, to date of entry of judgment.

It is ordered that to the extent
claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act § 11-a(2).
LET JUDGMENT BE ENTERED ACCORDINGLY.


February 26, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]Attached as exhibits to his claim are receipts for the property.