New York State Court of Claims

New York State Court of Claims

GLOSTER v. THE STATE OF NEW YORK, #2005-015-508, Claim No. 106900


Synopsis


Court found proof sufficient to award judgment for $569.00 plus filing fee on inmate's lost property claim.

Case Information

UID:
2005-015-508
Claimant(s):
JERRY GLOSTER
Claimant short name:
GLOSTER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106900
Motion number(s):

Cross-motion number(s):

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

Signature date:
February 7, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant was permitted to file this late claim seeking $1,149.19[1]
alleged to be the value of numerous items of personal property which were lost either during his transfer from the Special Housing Unit (SHU) at Great Meadow Correctional Facility to Upstate Correctional Facility's SHU on or about November 14, 1999 or during his subsequent transfer from Upstate to Elmira Correctional Facility on or about February 26, 2000.
At the trial held on November 9, 2004 at Great Meadow Correctional Facility claimant testified and credibly established that numerous items of personal property were lost after having been inventoried by Department of Correctional Services (DOCS) personnel in his presence at the various facilities to which he was assigned or transferred.

Defense counsel acknowledged that claimant's personal property was indeed lost due to either the negligence of DOCS or to that of the U.S. Postal Service to which several draft bags of claimant's property were entrusted by DOCS at the time of his transfer from Upstate to Elmira.

The proof received at trial is adequate to support a finding that the defendant's negligence caused the loss of claimant's property. Based upon the proof presented the Court awards judgment against the defendant in the amount of $569.00. Claimant shall recover this sum along with legal interest from March 6, 2000. Pursuant to Court of Claims Act § 11-a (2) claimant shall also recover the $50.00 filing fee paid to the Clerk at the commencement of the action.

Judgment shall be entered in accordance with this decision.


February 7, 2005
Saratoga Springs, New York

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




[1]This figure differs from the amount listed on the inmate claim form received in evidence as Exhibit 2.