New York State Court of Claims

New York State Court of Claims

KASIEM v. THE STATE OF NEW YORK, #2005-019-035, Claim No. 101387


Synopsis


Claimant failed to establish State failed to follow rules and regulations regarding disciplinary hearing; bench decision rendered; claim dismissed.

Case Information

UID:
2005-019-035
Claimant(s):
ALLAH KASIEM
Claimant short name:
KASIEM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101387
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
ALLAH KASIEM, 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:
November 3, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Allah Kasiem, appearing pro se, alleges that he was wrongfully confined in the special housing unit in Elmira Correctional Facility for approximately six months from August 1999 to January 2000 after his Tier III hearing was reversed. The trial of this matter was held on October 25, 2005 in the Elmira Correctional Facility.


Claimant offered his own testimony in support of his claim. At the close of claimant's proof, the State offered the testimony of William J. Hopkins, Deputy Superintendent for Administrative Services at Elmira Correctional Facility. The witness testified that the disciplinary incident summary regarding this disciplinary hearing did not reveal that claimant's hearing had been reversed. (St's Ex A).


Consequently, at the close of claimant's case, the court granted the State's motion to dismiss and rendered a decision on the record on behalf of the State dismissing the claim based on claimant's failure to demonstrate the State violated the departmental rules and regulations regarding said hearing.

Accordingly, Claim No. 101387 should be and hereby is DISMISSED.



Any and all motions on which the court may have previously reserved or which were not previously determined, are hereby denied.


The clerk of the court is directed to enter judgment accordingly.

November 3, 2005
Binghamton, New York

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