New York State Court of Claims

New York State Court of Claims

BRODIE v. THE STATE OF NEW YORK, #2004-019-004, Claim No. 99924


Synopsis


Case Information

UID:
2004-019-004
Claimant(s):
ALFRED BRODIE
Claimant short name:
BRODIE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99924
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ALFRED BRODIE, 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, Alfred Brodie, a pro se inmate, alleges that certain personal property consisting of a typewriter was broken or otherwise damaged and made unusable by the Department of Correctional Services (hereinafter "DOCS") personnel. A trial was held in this matter on February 17, 2004 at the Elmira Correctional Facility.


The claimant, to the court's satisfaction, placed in evidence the proof of the value of the item in question and established by other credible evidence, and exhibits, the existence of a bailment.


Upon close of the claimant's case, the State did not sufficiently refute the allegations of claimant. Consequently, at the conclusion of the trial a decision was rendered on the record on behalf of the claimant.


Therefore, after due deliberation having been had, it is hereby


ORDERED, that the court finds for the claimant in the amount of $156.00 with the appropriate statutory interest from December 7, 1998.


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