New York State Court of Claims

New York State Court of Claims

CISCO v. THE STATE OF NEW YORK, #2005-015-501, Claim No. 107101


Synopsis


Court permitted recovery of $62.00 plus filing fee in personal property loss claim filed by inmate.

Case Information

UID:
2005-015-501
Claimant(s):
HENRY I. CISCO
Claimant short name:
CISCO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107101
Motion number(s):

Cross-motion number(s):

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

Signature date:
January 24, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant commenced this action seeking $225.80 in damages, the current value of items of personal property which he alleges were damaged on August 20, 2002 when correction officers at Great Meadow Correctional Facility, Comstock, New York conducted a cell search for contraband.

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 of $62.00 were damaged due to the defendant's negligence. The defendant did not sufficiently refute the claimant's allegations. At the conclusion of trial a bench decision for $62.00 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 $62.00 with legal interest from August 20, 2002 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 $40.00 filing fee paid to the Clerk at the commencement of the action.
Judgment shall be entered in accordance with this decision.



January 24, 2005
Saratoga Springs, New York

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