New York State Court of Claims

New York State Court of Claims

HAYWOOD v. THE STATE OF NEW YORK, #2006-032-067, Claim No. 110927, Motion No. M-71579


Synopsis



Case Information

UID:
2006-032-067
Claimant(s):
KEITH HAYWOOD
Claimant short name:
HAYWOOD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110927
Motion number(s):
M-71579
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Keith Haywood, 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:
July 31, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves the Court to dismiss this bailment claim for failure to exhaust administrative remedies, and claimant fails to oppose this request. For the reasons to be stated, the Court grants defendant‛s motion.


Claimant filed this bailment claim in May 2005, alleging that upon his transfer from Clinton Correctional Facility to Attica Correctional Facility in October 2004, several items of personal property were lost. Claimant filed an institutional claim, which was disapproved in June 2005. Claimant appealed the disapproval and his appeal was denied on August 15, 2005. Prior to receipt of this denial, claimant commenced this action. Defendant now moves to dismiss the claim because claimant failed to exhaust his administrative remedies.

Court of Claims Act § 10 (9) allows an inmate to recover damages for loss of personal property provided, however, that the inmate has exhausted administrative remedies established for inmates by the Department of Correctional Services. The Department has established a two-tier system for handling bailment claims consisting of an initial review and an appeal (7 NYCRR 1700.3). Both of these separate and distinct steps must be completed at the time a claim is filed and served in order for a claimant to be deemed to have exhausted his administrative remedies pursuant to Court of Claims Act § 10 (9).

Given that claimant filed this action before he completed the two-tier process, he failed to exhaust his administrative remedies and the claim must be dismissed.

Accordingly, defendant's motion M-71579 is granted.



July 31, 2006
Albany, New York

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


Papers Considered:


1. Notice of Motion filed April 17, 2006;

2. Affirmation of Kathleen M. Arnold dated April 17, 2006; Exhibits A-C annexed.