New York State Court of Claims

New York State Court of Claims

MORGAN v. THE STATE OF NEW YORK, #2004-019-023, Claim No. 99745


Synopsis

In a decision rendered at trial from the bench, court found c
laimant established bailment of various items of personal property; awarded total of $682.50.

Case Information

UID:
2004-019-023
Claimant(s):
DARRYL MORGAN The court has sua sponte amended the title to reflect the State of New York as the only proper defendant.
Claimant short name:
MORGAN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The court has sua sponte amended the title to reflect the State of New York as the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99745
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DARRYL MORGAN, 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:
December 3, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Darryl Morgan, an inmate appearing pro se, alleges that certain personal property belonging to him was lost during his transfer from Elmira Correctional Facility to Wende Correctional Facility. A trial was held in this matter on November 15, 2004 at the Elmira Correctional Facility.


At trial, claimant testified that he had nine bags of personal property when he was placed in the special housing unit at Elmira Correctional Facility on or about August 25, 1998. Thereafter, on or about October 8, 1998, claimant repackaged his personal property into seven bags in preparation for his transfer to Wende Correctional Facility. Thereafter, on or about October 17, 1998, after claimant's arrival at Wende Correctional Facility, he received only five bags, with two of his bags missing. In sum, the claimant, to the court's satisfaction, established the existence of a bailment and placed in evidence the proof of the value of the missing items to the extent noted below.[1]


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 in favor of the claimant as follows:

  1. Gold Charm & Gold Chain $350.00
  2. Timex Watch $ 17.50
  3. Awia Cassette player $ 12.50
4. Koss Head Phones $ 32.50
  1. 28 Cassette Tapes $140.00
  2. Sweatshirt $ 12.00
  3. Sweat pants $ 10.00
  4. Typewriter ribbons $ 25.00
  5. Correction ribbons $ 4.00
  6. Television set $ 79.00
Total $682.50

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


ORDERED, that the court finds for the claimant in the amount of $682.50 with the appropriate statutory interest from October 17, 1998.


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


December 3, 2004
Binghamton, New York

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




[1]The items for which claimant failed to establish a prima facie case of bailment were one pair of Fila sneakers, two pairs of Timberline boots, and four personal dress shirts.