New York State Court of Claims

New York State Court of Claims

BATTLES v. STATE OF NEW YORK, #2006-018-525, Claim No. 111341, Motion No. M-71756


Synopsis


Claim is DISMISSED. Claimant failed to exhaust administrative remedies pursuant to CCA § 10(9).

Case Information

UID:
2006-018-525
Claimant(s):
JAMES BATTLES
Claimant short name:
BATTLES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111341
Motion number(s):
M-71756
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
James BattlesPro Se
Defendant’s attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: G. Lawrence Dillon, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 14, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Defendant brings this motion to dismiss the claim for failure to comply with Court ofClaims Act § 10(9). Claimant has submitted no opposition to the motion.

Defendant asserts that Claimant filed his personal property claim in this Court prior to exhausting all of his administrative remedies as required by Court of Claims Act § 10(9). Claimant filed an administrative claim (#480-0031-05) with Mid-State Correctional Facility on May 5, 2005. Claimant’s Inmate Claim was approved and $68.50 was offered as reimbursement. No appeal from that decision was made.

Court of Claims Act § 10(9) requires that:

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.


The New York State Code of Rules and Regulations indicates that DOCS has established a two-tier system of administrative review for the loss of inmates personal property which consists of an initial review and an appeal (7 NYCRR §1700.3).

The claim, with the attached administrative “Inmate Claim Form” (#480-0031-05), indicates that on April 28, Claimant’s belongings were packed at Gouverneur Correctional Facility for his transfer, ultimately, to Mid-State Correctional Facility. When he went to claim his property, he was missing one bag. He lists various clothing and bedding items as missing. Claimant seeks $200.00 for his lost property.

Defendant submits an affidavit from Rosemary Reed, Head Account Clerk in the Business Office at Mid-State Correctional Facility. Ms. Reed indicates that she approved Claimant’s administrative claim for $68.50 as reflected on the administrative claim form.[1] No appeal of that determination was made.

Accordingly, this Court is constrained to find that Claimant has failed to exhaust his administrative remedies and the claim that he filed with this Court on September 8, 2005, must be dismissed in accordance with Court of Claims Act § 10(9). Defendant’s motion is GRANTED and the claim is DISMISSED.

July 14, 2006
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:


Notice of Motion...................................................................................................1


Affirmation of G. Lawrence Dillon,, Esquire, Assistant Attorney General,

in support, with exhibits attached thereto..................................................2


No response was filed by Claimant.


[1]. Ms. Reed also indicates that Claimant received, as evidenced by a voucher form, $95.77 as payment on this claim on December 1, 2005. However, the voucher form attached to Ms. Reed’s affidavit does not indicate that it is payment for his lost property claim (#480-0031-05), merely reciting that it is payment for damages sustained due to the “tort of an officer or employee of the State of New York.” The form states that the tort is to be detailed on the claim form which is not attached.