New York State Court of Claims

New York State Court of Claims

GODINEZ v. THE STATE OF NEW YORK, #2002-010-030, Claim No. 104614


Synopsis


Inmate claimant is awarded $10.00 for excessive confinement.

Case Information

UID:
2002-010-030
Claimant(s):
EDUARDO GODINEZ
Claimant short name:
GODINEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104614
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
EDUARDO GODINEZPro 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 1, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant alleges that during his incarceration at Sing Sing Correctional Facility, he was wrongfully confined in keeplock for 25 days. This claim was heard in a unified trial.
Claimant received a Misbehavior Report on April 9, 2001 and was placed in keeplock (Ex. A). The disciplinary hearing commenced on April 14, 2001 (Id.). A Disciplinary Hearing Extension Request was granted until May 3, 2001 (Id.). On May 3, 2001, the hearing continued and resulted in the dismissal of the Misbehavior Report and claimant's release from keeplock (Id.).
7 NYCRR § 251.5.1 provides:
(a) Where an inmate is confined pending a disciplinary hearing or superintendent's hearing, the hearing must be commenced as soon as is reasonably practicable following the inmate's initial confinement pending said disciplinary hearing or superintendent's hearing, but, in no event may it be commenced beyond seven days of said confinement without authorization of the commissioner or his designee.
(b) The disciplinary hearing or superintendent's hearing must be completed within 14 days following the writing of the misbehavior report unless otherwise authorized by the commissioner or his designee. Where a delay is authorized, the record of the hearing should reflect the reasons for any delay or adjournment, and an inmate should ordinarily be made aware of these reasons unless to do so would jeopardize institutional safety or correctional goals.

An extension properly given in accordance with 7 NYCRR § 251.5.1(b) will not result in a finding that the hearing was untimely held (see, Matter of Chappelle v Coombe, 234 AD2d 779). Claimant's disciplinary hearing was commenced within 7 days of his initial confinement and an extension of the hearing was properly granted until May 3, 2001. Claimant, however, was not released until May 4, 2001.
Accordingly,
claimant is entitled to damages in the amount of $10.00 for one day excessive confinement, as fair and reasonable compensation (see Minieri v State of New York, 204 AD2d 982). It is further ordered that, to the extent that claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act §11-a(2).
LET JUDGMENT BE ENTERED ACCORDINGLY.

August 1, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims