New York State Court of Claims

New York State Court of Claims

COLLINS v. THE STATE OF NEW YORK, #2005-019-037, Claim No. 102020


Synopsis


Claimant failed to establish compliance with CCA 10 (9) regarding bailment claim; bench decision rendered; claim dismissed.

Case Information

UID:
2005-019-037
Claimant(s):
VINCENT COLLINS
Claimant short name:
COLLINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102020
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
VINCENT COLLINS, 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, Vincent Collins, an inmate appearing pro se, alleges that prison officials lost his personal property on February 18, 2000 at Southport Correctional Facility. A trial was held in this matter on October 25, 2005 at the Elmira Correctional Facility (hereinafter "Elmira").


At trial, the State moved to dismiss this claim due to claimant's failure to establish his exhaustion of administrative remedies pursuant to CCA 10 (9). This bailment cause of action which accrued on or about February 18, 2000 is governed by CCA 10 (9).[1]
CCA 10 (9) states as follows:
[a] claim of any inmate in the custody of the department of correctional services for recovery of damages for injury to or loss of personal property may not be filed unless and until the inmate has exhausted the personal property claims administrative remedy, established for inmates by the department. Such claim must be filed and served within one hundred twenty days after the date on which the inmate has exhausted such remedy.

Based on the record, the court found that claimant failed to establish that he pursued, let alone exhausted, the administrative remedies available to him pursuant to 7 NYCRR Part 1700.


Consequently, 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 upon the findings of fact and conclusions of law placed on the record by the court, Claim No. 102020 should be and hereby is DISMISSED.


Any and all motions on which the court 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




[1]CCA 10 (9) became effective December 7, 1999.