New York State Court of Claims

New York State Court of Claims

PULLIAM v. THE STATE OF NEW YORK, #2004-010-021, Claim No. 107697


Synopsis


Inmate awarded $50 for loss of property.

Case Information

UID:
2004-010-021
Claimant(s):
DWYANE PULLIAM
Claimant short name:
PULLIAM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107697
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DWYANE PULLIAMPro 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, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant alleges damages in the amount of $1501.67 for the alleged loss of his personal property during his transfer from Sing Sing Correctional Facility (Sing Sing) to Shawangunk Correctional Facility (Shawangunk).

Claimant's I-64 inventory form regarding the transfer of his personal property was received into evidence (Ex. 4). The form does not establish damages in the amount alleged. Claimant's testimony
that he never saw this form when it was prepared and that the inventory does not accurately reflect the alleged missing items is not worthy of belief. Additionally, the numerous disbursement or refund request forms offered by claimant fail to clearly support claimant's ownership of the allegedly missing items. Claimant also seeks $935.29 for pornographic books and magazines which he has described as the "best collection in the jail."[1] Notably, Directive 4913 limits inmates to possession of only 24 magazines and 25 books (Ex. A) and claimant's I-64 form indicates that he has exceeded that limit. Thus, claimant should not be entitled to damages for any alleged loss of items which he was not authorized to have in his possession.
Upon consideration of all evidence, including listening to claimant's testimony and observing his demeanor as he testified, the Court finds that
claimant has failed to establish entitlement to damages in the amount he seeks. Significantly, claimant did not establish that he indeed possessed all of the alleged items which he contends were lost. The Court does find, however, that the claimant has established entitlement to an award of damages in the amount of $50.00 for his lost items with appropriate interest from June 26, 2001.
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.

July 14, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]All quotations are to the trial notes or audiotapes unless otherwise indicated.