New York State Court of Claims

New York State Court of Claims

JONES v. THE STATE OF NEW YORK, #2002-010-034, Claim No. 104470


Synopsis


Inmate claimant is awarded $245.00 for lost property.

Case Information

UID:
2002-010-034
Claimant(s):
DEREK JONES
Claimant short name:
JONES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104470
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DEREK JONESPro 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 seeks $713.99 in damages for property that he discovered was lost on December 6, 2000 during his incarceration at Sing Sing Correctional Facility ("Sing Sing"). This claim was heard in a unified trial.
Claimant submitted two I-64 Forms (Exs. 1, 2), seven local permits (Ex. 4), three commissary receipts (Ex. 5), two catalog work order sheets (Ex. 6), and a notarized letter from his mother (Ex. 3) to establish the value of his missing property.
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.
Based upon claimant's testimony and the other evidence before this Court,
claimant is entitled to an award of $245.00 for his lost property together with the appropriate interest from December 6, 2000. 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