New York State Court of Claims

New York State Court of Claims

CRENSHAW v. THE STATE OF NEW YORK, #2005-019-016, Claim No. 98862


Synopsis



Case Information

UID:
2005-019-016
Claimant(s):
WILLIAM CRENSHAW
Claimant short name:
CRENSHAW
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98862
Motion number(s):

Cross-motion number(s):

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

Signature date:
August 10, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
In an Order to Produce Claimant at Trial dated January 27, 2005, the court directed the superintendent of Clinton Correctional Facility where claimant was incarcerated to produce claimant for the damages trial of this action. The Order further provided that in the event an award was made in favor of claimant that the expenses of producing claimant for trial would be paid out of or offset against said judgment.


In a damages decision following trial dated May 23, 2005, the court made a total award to claimant of $4,000. (
Crenshaw v State of New York, Ct Cl, May 23, 2005, Lebous, J., Claim No. 98862 [UID No. 2005-019-010]).[1] However, the court stayed entry of judgment for the purpose of permitting the State an opportunity to submit proof of the reasonable expenses incurred in producing claimant for the trial in accordance with the Order.

The State has now submitted proof establishing the total expenses for producing claimant to be $578.08. Claimant was provided until August 1, 2005 to submit a response to said submission, but the court has not received any papers in opposition by or on behalf of claimant. Consequently, the court finds the amount submitted by the State is justified and reasonable and, as such, the State is entitled to reimbursement of $578.08 for transporting claimant.


Upon the foregoing, it is,


ORDERED, that judgment be entered in favor of claimant in the amount of $3,421.92 [$4,000 - $578.08].


LET JUDGMENT BE ENTERED ACCORDINGLY.


August 10, 2005
Binghamton, New York

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




[1]Selected unreported decisions from the Court of Claims are available via the Internet at