New York State Court of Claims

New York State Court of Claims

FIGUEROA v. THE STATE OF NEW YORK, #2004-019-006, Claim No. 97864


Synopsis


Case Information

UID:
2004-019-006
Claimant(s):
VICTOR FIGUEROA
Claimant short name:
FIGUEROA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97864
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
VICTOR FIGUEROA, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: James E. Shoemaker, 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, Victor Figueroa, a pro se inmate, alleges that on or about January 4, 1998 while an inmate housed at the Elmira Correctional Facility, he was injured as a result of an altercation with a fellow inmate, due to the negligent supervision of correction officers employed by the Department of Correctional Services at said facility. The trial of this matter was held on February 17, 2004 at the Elmira Correctional Facility.


Claimant offered testimony and proof in various forms in an attempt to support his claim for negligent supervision. At the close of claimant's proof, the State offered proof sufficiently refuting the allegations of claimant and demonstrating that the claimant's testimony was totally devoid of any credible merit. Consequently, at the conclusion of trial, the State made a motion to dismiss and a decision was rendered on the record granting said motion.


Based upon the findings of fact and conclusions of law placed on the record by the court, it is hereby


ORDERED, that Claim No. 97864 should be and hereby is DISMISSED.


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

April 13, 2004
Binghamton, New York

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