New York State Court of Claims

New York State Court of Claims

MOORE v. THE STATE OF NEW YORK, #2007-028-510, Claim No. 112438, Motion No. M-72030


Synopsis


Prisoner claim for lost property is dismissed upon proof, submitted by Defendant, that Claimant had accepted payment and signed a release.


Case Information

UID:
2007-028-510
Claimant(s):
NATHANIEL MOORE
1 1.The caption of this action is amended sua sponte to reflect the State of New York as the only properly named defendant.
Claimant short name:
MOORE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this action is amended sua sponte to reflect the State of New York as the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112438
Motion number(s):
M-72030
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
NATHANIEL MOORE, pro se
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERAL
BY: Kathleen M. Arnold, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 12, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read on Defendant’s motion for an order of dismissal:

1. Notice of Motion and Supporting Affirmation of Kathleen M. Arnold, AAG, with annexed Exhibits;


2. Affidavit in Opposition of Nathaniel Moore, pro se, with annexed Exhibits; and


3. Reply Affirmation of Kathleen M. Arnold, AAG, with annexed Exhibits.


Filed papers: Claim This is a claim to recover money damages for books belonging to Claimant, that he alleges, were lost or destroyed by correction officers at Coxsackie Correctional Facility in May 2005.

In lieu of answering, Defendant moved for an order dismissing the claim on two grounds: 1) failure to comply with Court of Claims Act § 10(9), which requires that inmates asserting claims for property loss must first exhaust the administrative remedies provided by the Department of Correctional Services (DOCS) and 2) failure to set forth the specific date on which the loss is alleged to have occurred or to provide information more specifically identifying the books in question, or the total sum claimed items Defendant contends are required by section 11(b) of the Court of Claims Act. Neither of these grounds would support dismissal of the action: Claimant had, in fact, filed and pursued an institutional claim (Moore Affidavit, Exhibit A), and the claim is not so deficient as to be jurisdictionally defective, for reasons outlined in the decision of a similar motion in another case commenced by Claimant (Moore v State of New York, Claim No. 112437, Motion No. M-72031).

Defendant is entitled to dismissal of the action, however, on the basis of documentary evidence that came to light after this motion was commenced. The inmate claim form submitted by Claimant (Moore Affidavit, Exhibit A, Claim No. 480-0045-05) indicates that, on appeal, his institutional claim for loss of property, including his books, was approved in the amount of $69.00. In order to obtain that award, Claimant signed, on July 7, 2006, a release that covered “all claims, demands and liability of every kind and nature, legal or equitable, occasioned by or arising out of the facts set forth in the foregoing claim” (Inmate Claim No. 480-0045-05) and also specifically provided that “in case any claim shall have been filed by me with the Clerk of the Court of Claims for said damages at any time prior to the date of this release,[2] I consent and stipulate that an order may be made by the Court of Claims without notice to me dismissing said claim upon the merits.”

Accordingly, Defendant’s motion is GRANTED and Claim No. 112438 is dismissed.


January 12, 2007
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims



[2]. Claim No. 112438 was filed on June 14, 2006.