New York State Court of Claims

New York State Court of Claims

MARINO v. THE STATE OF NEW YORK, #2005-010-063, Claim No. 109623


Synopsis


Inmate claimant is awarded $15.00 for confiscated property which was never returned.

Case Information

UID:
2005-010-063
Claimant(s):
LEO A. MARINO
Claimant short name:
MARINO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109623
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
LEO A. MARINOPro 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 his personal property that was confiscated during his incarceration within the New York State Correctional System.
Claimant testified that, after a disciplinary hearing on October 20, 2003, he was transferred to the special housing unit at Sing Sing Correctional Facility. His personal property was packed by two correction officers. He was subsequently transferred to Cayuga Correctional Facility and then Five Points Correctional Facility. On January 9, 2004, his property was returned to him and he discovered that his typewriter and hot pot were broken. He authorized disposal of his hot pot because it was broken (Ex. 1, p 7). He further testified that on February 22, 2004 at Five Points Correctional Facility, a correction officer confiscated 10 postage stamps and he was never issued a receipt. Claimant filed a grievance about the stamps. His grievance was investigated and denied (Ex. 1, p 12). Claimant seeks recovery in the amount of $198.58.
Upon consideration of all the evidence including listening to the witnesses testify and observing their demeanor as they did so, the credible evidence established that
claimant is entitled to an award of $15.00, 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