New York State Court of Claims

New York State Court of Claims

HARVEST v. THE STATE OF NEW YORK, #2005-015-525, Claim No. 108436


Synopsis


Inmate's claim to recover cost of missing dentures dismissed after trial.

Case Information

UID:
2005-015-525
Claimant(s):
WALTER HARVEST
Claimant short name:
HARVEST
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108436
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Walter Harvest, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
November 9, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
The trial of this claim occurred at Great Meadow Correctional Facility (Great Meadow) on October 4, 2005.

Claimant testified that he lost his dentures during a transfer from Great Meadow to Attica. Specifically, he alleged that his dentures were packed in a draft bag but were not in the bag when it arrived at Attica. Claimant did not produce an I-64 form to corroborate his testimony and on cross-examination he testified that his dentures were lost.

Defendant called Correction Officer Don Beebe who alleged that he was familiar with the claimant and in fact had a conversation in which claimant admitted throwing out his dentures. On cross-examination the witness stated that claimant advised him he had thrown his dentures out on a feed-up tray.

The Court credited the testimony of Correction Officer Beebe and accordingly dismissed the claim. The Clerk of the Court shall enter judgment dismissing the claim.


November 9, 2005
Saratoga Springs, New York

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