New York State Court of Claims

New York State Court of Claims

DEYVER v. THE STATE OF NEW YORK, #2005-019-014, Claim No. 102732


Synopsis


Claimant alleges the State violated various directives during his incarceration at Elmira Reception Center; bench decision rendered; claim dismissed.

Case Information

UID:
2005-019-014
Claimant(s):
CARL DEYVER
Claimant short name:
DEYVER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102732
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
CARL DEYVER, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
June 16, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Carl Deyver, appearing pro se, alleges that he was deprived of various constitutional rights based upon the violation of numerous directives by the New York State Department of Corrections ("DOCS") during his incarceration at Elmira Reception Center in July 1998. The trial of this matter was held on June 14, 2005 in the Binghamton District.


Claimant offered his own testimony, together with various exhibits, in support of his claim. At the close of claimant's proof, the State offered the testimony of Sergeant Michael Killacky as a witness.


At the conclusion of the trial, a decision was rendered on the record dismissing the claim.

Based upon the findings of fact and conclusions of law placed on the record by the court, Claim No. 102732 should be and hereby is DISMISSED.

ENTER JUDGMENT ACCORDINGLY.

June 16, 2005
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims