New York State Court of Claims

New York State Court of Claims

PEREZ v. THE STATE OF NEW YORK, #2002-010-038, Claim No. 103955


Synopsis


Inmate claimant is awarded $9.00 for lost property.

Case Information

UID:
2002-010-038
Claimant(s):
JERRY PEREZ
Claimant short name:
PEREZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103955
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JERRY PEREZPro 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 damages for his personal property that was lost when he was transferred from Sing Sing Correctional Facility to Southport Correctional Facility on October 31, 2000. The claim was heard in a unified trial.
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. Claimant, however, did not offer any proof as to the value of the property, except for an eight inch oscillating fan for which he requested a disbursement of $16.75[1] (Ex. 5).
The Court finds that
claimant is entitled to an award of $9.00 for his lost property together with the appropriate interest from October 31, 2000 to date of decision and, thereafter, to date of entry of judgment. 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




[1] The claim seeks $13.96 for the fan.