New York State Court of Claims

New York State Court of Claims

HINES v. THE STATE OF NEW YORK, #2006-032-046, Claim No. 107253, Motion No. M-71453


Synopsis



Case Information

UID:
2006-032-046
Claimant(s):
ARMANDO HINES
Claimant short name:
HINES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107253
Motion number(s):
M-71453
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Armando Hines, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Kathleen M. Arnold, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
May 23, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss the claim, arguing that claimant failed to state the items of damage sought in his bailment claim, as required by Court of Claims Act § 11 (b). Although claimant does not oppose the motion, the Court is unpersuaded and denies the application.

Claimant filed his claim in January 2003, stating that it accrued on October 29, 2002, at Upstate Correctional Facility. The claim arose as a result of property missing from claimant's draft bags upon his arrival from Franklin Correctional Facility and seeks a total of $477.00. The Court recognizes that Court of Claims Act § 11(b) requires that a claim state, inter alia, the items of damage or injuries, and defendant is not required to ferret out or assemble information that the section requires claimant to provide (Lepkowski v State of New York, 1 NY3d 201 [2003]). The Court determines, however, that the claim satisfies the substantive pleading requirements of the Court of Claims Act. In making this determination, the Court notes that although claimant does not specifically identify the property missing, he states that the missing property was contained within his draft bags transferred from Franklin to Upstate. As such, the Court determines that he adequately stated his items of damage or injuries.

Accordingly, defendant's motion M-71453 is denied.


May 23, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed March 15, 2006;

2. Affirmation of Kathleen M. Arnold dated March 15, 2006; Exhibits A-B annexed.