New York State Court of Claims

New York State Court of Claims

LAVAYER v. THE STATE OF NEW YORK, #2004-019-022, Claim No. 99565


Synopsis


Prisoner bailment claim. Claimant awarded $309.89.

Case Information

UID:
2004-019-022
Claimant(s):
MARCO LAVAYER
Claimant short name:
LAVAYER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99565
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
MARCO LAVAYER, 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, Marco Lavayer, an inmate appearing pro se, alleges that certain personal property belonging to him was lost during his transfer from Elmira Correctional Facility to Southport Correctional Facility. A trial was held in this matter on November 15, 2004 at the Elmira Correctional Facility.


At trial, claimant testified that he was placed in the special housing unit on August 7, 1998 and thereafter reviewed his property with a correction officer on August 11, 1998 at which time all of his items were present. Subsequent thereto, claimant's property was packed outside of his presence in preparation for his transfer to Southport Correctional Facility. Upon claimant's arrival at Southport Correctional Facility on August 30, 1998, claimant discovered some of his items were 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.


Upon the 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 $309.83 with the appropriate statutory interest from August 30, 1998.


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


November 23, 2004
Binghamton, New York

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