New York State Court of Claims

New York State Court of Claims

WILLIAMS v. THE STATE OF NEW YORK, #2007-015-555, Claim No. 109477


Synopsis


Claimant prevailed on bailment claim at trial. Defendant failed to rebut presumption of negligence.

Case Information

UID:
2007-015-555
Claimant(s):
THOMAS LEE WILLIAMS
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109477
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Thomas Lee Williams, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael C. 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

The trial of this pro se inmate claim took place on March 6, 2007. The claim seeks to recover damages for the defendant's allegedly negligent loss of certain of claimant's personal property during the course of his transfer between Great Meadow Correctional Facility, Southport Correctional Facility and Elmira Correctional Facility.

Claimant testified at trial that his personal property was packed and delivered into the possession of Department of Correctional Services (DOCS) employees at Great Meadow Correctional Facility for shipment to Southport Correctional Facility on February 9, 2004. The property was subsequently kept in storage at Southport until the claimant was transferred to Elmira Correctional Facility on March 4, 2004. On March 9, 2004 the claimant reviewed his property at Elmira Correctional Facility and noticed several items missing. An administrative claim was filed and approved in the amount of $8. The claimant rejected this offer and filed the instant claim which seeks damages in the amount of $279.00[1].

The Inmate Claim Form (#1421) was marked as defendant's Exhibit "A" at trial and lists the following items as lost with the corresponding age and fair market value:



May 10, 2007
Saratoga Springs, New York

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




[1]. The Court was not made aware whether the claimant appealed the initial reviewer's determination to the Superintendent in accordance with the provisions set forth in 7 NYCRR 1700.3 and no motion to dismiss was made for a failure to exhaust administrative remedies (see Court of Claims Act 10[9] ).