New York State Court of Claims

New York State Court of Claims

ROSS v. THE STATE OF NEW YORK, #2005-015-500, Claim No. 107366


Synopsis


Court awarded judgment to claimant for $149.00 plus filing fee in claim for loss of inmate's personal property.

Case Information

UID:
2005-015-500
Claimant(s):
ALONZO ROSS
Claimant short name:
ROSS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107366
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Alonzo Ross, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 21, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant commenced this action seeking $1,362.50 in damages which he alleged was the current value of items of personal property lost on August 13, 2002 after correction officers at Mt. McGregor Correctional Facility mixed his property with that of another inmate prior to transfer.

A trial was held on November 8, 2004 at Great Meadow Correctional Facility. The claimant testified at trial and credibly established that certain items having a total value as determined by the Court of $149.00 were lost due to the defendant's negligence. The defendant did not sufficiently refute the claimant's allegations and at the conclusion of trial a bench decision for $149.00 was rendered on the record on behalf of the claimant. Due deliberation having been had it is

ORDERED that claimant shall recover from the defendant the sum of $149.00 with legal interest from August 13, 2002 to February 13, 2003 and from February 20, 2003 (i.e., the date of filing) to the date of this Decision and thereafter to entry of judgment. Pursuant to Court of Claims Act § 11-a claimant shall also recover the $25.00 filing fee paid to the Clerk at the commencement of the action.
Judgment shall be entered in accordance with this decision.

The finding of liability at trial rendered moot claimant's pending motion for summary judgment (M-69263) which is hereby denied.


January 21, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims