New York State Court of Claims

New York State Court of Claims

BYERS v. THE STATE OF NEW YORK, #2004-019-021, Claim No. 100377


Synopsis


Bailment Claim. Claimant awarded the sum of $100.00.

Case Information

UID:
2004-019-021
Claimant(s):
PHILLIP BYERS, #95-A-6203
Claimant short name:
BYERS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100377
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
PHILLIP BYERS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Geoffrey B. Rossi, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
November 23, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Phillip Byers, an inmate appearing pro se, alleges that certain personal property belonging to him was stolen from his cell at Elmira Correctional Facility. A trial was held in this matter on November 15, 2004 at the Elmira Correctional Facility.


At trial, claimant testified he was away from his cell for medical reasons from March 21, 1999 to March 22, 1999 and upon his return discovered his property had been rifled through and many items missing. The claimant, to the court's satisfaction, established the existence of a bailment and placed in evidence proof of the value of the missing items to the extent noted below.


Upon close of the claimant's case, the State did not sufficiently refute the allegations of claimant with the exception of establishing that claimant's boots were returned.


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 $100.00 with the appropriate statutory interest from March 22, 1999.


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


November 23, 2004
Binghamton, New York

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