New York State Court of Claims

New York State Court of Claims

SWIGGETT v. THE STATE OF NEW YORK, #2004-019-015, Claim No. 95379


Synopsis


At the end of trial, State found liable for claimant's loss of certain books and legal papers. The court granted both parties 60 days to submit proof on damages at which time the court will determine whether a further hearing on the issue of damages is necessary or whether damages may be decided upon the papers submitted.


Case Information

UID:
2004-019-015
Claimant(s):
ANTHONY H. SWIGGETT, 86-A-8227
Claimant short name:
SWIGGETT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95379
Motion number(s):

Cross-motion number(s):

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

Signature date:
September 1, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, Anthony H. Swiggett, an inmate appearing pro se, alleges that certain personal property consisting of 75 books and legal papers were lost by Department of Correctional Services personnel. The trial of this matter was held on August 23, 2004 at the Elmira Correctional Facility.


Claimant offered his own testimony, together with various exhibits, which to this court's satisfaction established the existence of a bailment of the aforesaid items. Upon close of claimant's proof, 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 on the issue of liability.


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


ORDERED that interlocutory judgment be entered. The court granted both parties 60 days to submit proof on damages at which time the court will determine whether a further hearing on the issue of damages is necessary or whether damages may be decided upon the papers submitted.





September 1, 2004
Binghamton, New York

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