New York State Court of Claims

New York State Court of Claims

PETTY v. THE STATE OF NEW YORK, #2003-010-022, Claim No. 106362


Synopsis



Case Information

UID:
2003-010-022
Claimant(s):
REGINALD PETTY
Claimant short name:
PETTY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106362
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
REGINALD PETTYPro 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:
July 14, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant is awarded $35.00 for loss of personal property when he was transferred from Sing Sing to Upstate Correctional Facility.

Claimant seeks damages for the loss of his personal property during his incarceration at Sing Sing Correctional Facility (Sing Sing). This claim was heard in a unified trial.

Claimant testified that on August 16, 2000, while he was at a disciplinary hearing, Sing Sing correction officers packed up his personal property. The items were listed on an I-64 form. Claimant's efforts to retrieve that form via a Freedom of Information Law request have been unsuccessful. The document is not within Sing Sing's files (Ex. 1). On September 7, 2000, claimant was transferred to Upstate Correctional Facility and an I-64 form exists for that date (Ex. B). Another I-64 form, dated July 15, 2002, was also received in evidence (Ex. A).

In his claim, claimant detailed the personal property allegedly missing after August 16, 2000 as follows:
"(1) Lakewood 8" Clear Fan ($18.75); (1) G.E. Super Radio III ($43.75); (1) Coby CV-200 Head Phones ($14.75); (3) Typewriter Ribbons ($41.85); (2) Typewriter Printwheels ($89.75); (3) Cassette Tapes ($28.50); (5) Wash Cloths ($10.00); (1) Personal Sweater ($48.00); (2) Pairs of Gloves ($20.00); (16) Magazines ($30.00); (1) Army Jacket ($49.50); (6) Sweat Shirts ($75.00); (1) FM Dipole Antenna ($2.00); (689) Family Photos ($689.00); (1) Bag Miscellaneous Food ($49.28); (10) Cans of Mackerel ($54.00)"

(Claim, ¶ 6). Previously, claimant rejected an offer from the superintendent at Upstate Correctional Facility to settle the claim for $48.00. At trial, the only receipts produced by claimant were for the radio, headphones, fan and antenna.

The September 7, 2000 I-64 revealed that, as of that date, two weeks after the purported loss, claimant was in possession of the 10 cans of food, two pairs of gloves, 16 magazines, photos, three sweaters, three cassette tapes, three typewriter ribbons, six washcloths, one army jacket, one antenna and one bag of miscellaneous food (Ex. B). The July 15, 2002 I-64 further revealed that claimant was still in possession of the headphones, radio and fan (Ex. A). Claimant could not explain why most of his property allegedly missing from August 16, 2000 was listed on his subsequent I-64's nor did claimant maintain that the items on either form were replacements for the property allegedly lost on August 16, 2000.

In sum, only the typewriter printwheels, sweatshirts and antenna are not accounted for on either I-64 form. Claimant produced a receipt for the $2.00 antenna and referred to ¶6 of his claim regarding the value of the sweatshirts and the printwheels.

Where bailed property is not produced, the measure of recovery is the fair market value of the property at the time of the conversion (see Phillips v Catania, 155 AD2d 866).

The Court finds that an award of $35.00 with interest from September 7, 2000 is reasonable compensation based upon the evidence presented. It is 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.


July 14, 2003
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims