New York State Court of Claims

New York State Court of Claims

COTTO v. THE STATE OF NEW YORK, #2005-010-015, Claim No. 107708


Synopsis


Claimant is awarded $16.00 for loss of personal property while confined to the Special Housing Unit at Sing Sing Correctional Facility.

Case Information

UID:
2005-010-015
Claimant(s):
ANDRE COTTO
Claimant short name:
COTTO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107708
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ANDRE COTTOPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 9, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages in the amount of $500.00 for the loss of personal property while he was confined to the Special Housing Unit at Sing Sing Correctional Facility on December 4, 2002.
Upon consideration of all the evidence, including listening to
claimant testify and observing his demeanor as he did so, the Court finds that claimant has failed to establish entitlement to damages in the amount he seeks. Significantly, the receipts submitted indicate that most of the items were food, which were perishable and would have been outdated. There was also a lack of proof, given the date of the receipts, that claimant was still in possession of all the stamps and the cigarettes claimed to have been lost (Ex. 3). The Court does find, however, that claimant has established entitlement to an award of damages in the amount of $16.00, with appropriate interest from December 31, 2002, for his lost items.
It is further ordered that, to the extent that
claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act §11-a(2).
LET JUDGMENT BE ENTERED ACCORDINGLY.


February 9, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims