New York State Court of Claims

New York State Court of Claims

TAYLOR v. THE STATE OF NEW YORK, #2007-015-553, Claim No. 110325


Synopsis


Bailment claim was dismissed for failure to exhaust administrative remedies.

Case Information

UID:
2007-015-553
Claimant(s):
JAMES TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110325
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
James Taylor, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael Rizzo, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
May 10, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, an inmate, alleges that the defendant is responsible for the loss of a gold chain and medallion during his transfer from Fishkill Correctional Facility to Great Meadow Correctional Facility. The claim proceeded to trial on March 6, 2007. For the reasons which follow, the defendant's motion to dismiss the claim made at the conclusion of the trial is granted.

The evidence at trial established that on June 29, 2004 claimant filed a claim for the lost property utilizing form number 1421 (Exhibit B). The claim was disapproved on July 8, 2004 and, as reflected on the inmate claim form and confirmed by the claimant's testimony, no appeal to the Superintendent was pursued (see Exhibit B). Claimant also filed a grievance on July 14, 2004, which was informally resolved by advising the claimant that the claim was "non-grievable" (Exhibit A).

Court of Claims Act § 10(9) provides that an inmate's claim "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". The administrative remedy established by the Department of Correctional Services ("DOCS") is set forth in 7 NYCRR part 1700, which provides a two-tier system of administrative review (see 7 NYCRR 1700.3). An inmate claim form (form 1421) must be filed within 5 days following discovery of the loss (7 NYCRR 1700.4[a]) and the initial review must be completed within 15 working days of receipt of the claim by the reviewer (7 NYCRR 1700.4[b]). Thereafter, further review may be sought by appeal to the facility superintendent or his designee (see 7 NYCRR 1700.3[b]).

Here, the claimant failed to follow the administrative review procedure established by DOCS for inmate personal property claims (see 7 NYCRR part 1700) as he failed to appeal the initial reviewer's determination denying his claim in accordance with 7 NYCRR 1700.3(b). As defendant established that the claimant failed to exhaust his administrative remedies as required by Court of Claims Act § 10(9), the defendant's motion to dismiss this claim is granted and the claim is dismissed.

Let judgment be entered accordingly.


May 10, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims