New York State Court of Claims

New York State Court of Claims

JONES v. THE STATE OF NEW YORK, #2004-019-003, Claim No. 96374


Synopsis


Case Information

UID:
2004-019-003
Claimant(s):
DANIEL 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):
96374
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DANIEL JONES, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
April 13, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Daniel Jones, a pro se inmate, alleges that on or about June 15, 1996, certain personal property of his consisting of a typewriter was broken, lost or otherwise damaged and made unusable by the Department of Correctional Services (hereinafter "DOCS") personnel. A trial was held on this matter on February 17, 2004 at the Elmira Correctional Facility.


The claimant, to the court's satisfaction, placed in evidence proof of the value of the item in question. Additionally, the claimant established by credible proof that a bailment was created by turning the typewriter over to the possession of the DOCS by way of various exhibits and I-64 receipts. (Cl. Exs. 2 and 3). The State did not present any proof to the contrary at the close of claimant's case.


At the conclusion of the trial, a decision was rendered on the record on behalf of the claimant.


Therefore, due deliberation having been had, it is hereby


ORDERED, that the court finds for the claimant in the amount of $100.00 with the appropriate statutory interest from July 28, 1996.


The clerk of the court is hereby directed to enter said judgment accordingly.

April 13, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims