New York State Court of Claims

New York State Court of Claims

KORNEGAY v. THE STATE OF NEW YORK, #2005-015-505, Claim No. 107271


Synopsis


Court awarded $285.00 in inmate personal property claim.

Case Information

UID:
2005-015-505
Claimant(s):
DERRICK KORNEGAY
Claimant short name:
KORNEGAY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107271
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Derrick Kornegay, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Stephen Maher, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
February 2, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant commenced this action seeking $499.78 in damages as the alleged value of various items of personal property which were itemized at the time of claimant's placement in the Special Housing Unit (SHU) at Great Meadow Correctional Facility (Great Meadow) on September 22, 2002 and which were missing upon his release from the SHU on October 2, 2002.

A trial was held on November 9, 2004 at Great Meadow. Claimant testified at trial and credibly established the existence of a bailment. Upon the conclusion of claimant's testimony the Court determined the value of the missing property to be $285.00 and rendered a bench decision for claimant in that amount. Due deliberation having been had it is

ORDERED claimant shall recover from the defendant $285.00 with legal interest from October 2, 2002. Pursuant to Court of Claims Act § 11-a (2) claimant shall also recover the $45.00 filing fee paid to the Clerk at the commencement of the action.
Judgment shall be entered in accordance with this decision.


February 2, 2005
Saratoga Springs, New York

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