New York State Court of Claims

New York State Court of Claims

McKINLEY v. THE STATE OF NEW YORK, #2003-016-007, Claim No. 103261


Synopsis


Prisoner inmate's lost property claim was dismissed as property was in custody of U.S. Postal Service at time of loss.

Case Information

UID:
2003-016-007
Claimant(s):
SINCERE McKINLEY
Claimant short name:
McKINLEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103261
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Sincere McKinley
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Joseph F. Romani, AAG
Third-party defendant's attorney:

Signature date:
February 5, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This is the claim of Sincere McKinley, which was tried at Sullivan Correctional Facility, where Mr. McKinley testified on his own behalf. For its part, defendant called no witnesses.

Claimant testified that on July 27, 2000, he was transferred from Sullivan Correctional Facility to Elmira Correctional Facility and that in connection with the move, items of his personal property were sent to him in bags, via the United States Postal Service. He explained that when his property arrived, one of the bags was missing. According to McKinley, the missing bag contained the following items: a belt, two pairs of boots, six bowls, a can opener, two caps, legal papers, shampoo, a shirt, three pairs of shoes, a pair of shower shoes, five pairs of sneakers, two sweaters, six sweatshirts, undershorts, a knee brace, a tennis ball, a creamer, two hats, a fan, four handballs, two pairs of shorts and a back brace.

McKinley testified that the combined value of the lost property was approximately $3,000. He stated that he had paid the following amounts: $9.99 for the belt, $125 per pair for the boots, approximately $10 each for the caps, $10 each for the hats; $45 to $65 per pair for the sneakers, $45 to $50 each for the sweaters, $16 each for the sweatshirts and $9 each for the shorts.

Claimant recalled that after he learned of the loss, he filed an institutional claim at Elmira, which was denied. He said he contacted the Postal Service and said he was told that his loss was the correctional facility's responsibility. He also stated that he had paid the Postal Service for insurance on his property, but that he did not collect on the insurance, noting that he filled out a form, but that he never heard back.
* * *
It is well established that after an inmate's property has been delivered to the U.S. Postal Service, "beyond that point, [the State] is no longer responsible" for any loss of such property.
Odom v State of New York, Ct Cl filed August 14, 2000 at p. 2, (unreported, claim no. 93187, Ruderman, J.).
In view of the foregoing, claim no. 103261 is dismissed.

LET JUDGMENT BE ENTERED ACCORDINGLY.

February 5, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims