New York State Court of Claims

New York State Court of Claims

SACCO v. THE STATE OF NEW YORK, #2005-010-062, Claim No. 109009


Synopsis


Inmate claimant is awarded $30.00 for lost property.

Case Information

UID:
2005-010-062
Claimant(s):
ANTONIO SACCO
Claimant short name:
SACCO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109009
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ANTONIO SACCOPro 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:
December 23, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for property that was lost while he was incarcerated at Sing Sing Correctional Facility.
Claimant testified that on May 14, 2003, after he was involved in an altercation with two other inmates, correction officers took his property and placed it in a locker. Claimant maintains that the property was never returned to him. Accordingly, it was never inventoried and thus not on his I-64 forms dated May 14, 2003 and May 19, 2003. On his inmate claim form dated July 2, 2003, claimant requests $3,313.48 for replacement of his missing items which included electronic devices, personal sundries, and photographs of his family and loved ones which he valued at $3,000.00 (Ex. A). Claimant described his personal items as "new;" however the permits for the headphones, a radio and two razors were dated March 19, 2002 and August 10, 2001. Therefore, contrary to claimant's description as new, these items were several years old (Ex. 1). Claimant did not present any other independent documentary proof that he had possessed the other items listed on his claim form.
Accordingly, based upon the evidence presented,
this Court finds that claimant is entitled to an award of damages in the amount of $30.00, inclusive of interest. 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.


December 23, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims