Opinion
# 2015-051-501 Claim No. 110613
01-15-2015
ANTHONY MALLOY v. THE STATE OF NEW YORK
ANTHONY MALLOY Pro Se HON. ERIC T. SCHNEIDERMAN New York State Attorney General By: Michael C. Rizzo, Esq. Assistant Attorney General
Synopsis
Claim is dismissed after trial where claimant failed to prove by a preponderance of the evidence that defendant's "acts or omissions" caused him to miss the evening meal on February 4, 2005 while claimant was incarcerated at Clinton Correctional Facility.
Case information
UID: | 2015-051-501 |
Claimant(s): | ANTHONY MALLOY |
Claimant short name: | MALLOY |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 110613 |
Motion number(s): | |
Cross-motion number(s): | |
Judge: | FRANK P. MILANO |
Claimant's attorney: | ANTHONY MALLOY Pro Se |
Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN New York State Attorney General By: Michael C. Rizzo, Esq. Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | January 15, 2015 |
City: | Albany |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
Anthony Malloy (claimant), while incarcerated at Clinton Correctional Facility (CCF), missed the evening meal on February 4, 2005. Claimant filed a claim on March 10, 2005 alleging defendant's "acts or omissions" caused him to miss the evening meal of February 4, 2005, seeking $5,000,000.00 in damages.
Trial of the claim was conducted on December 18, 2014, and claimant was the only trial witness. Claimant testified that the meal was missed because of a possible misunderstanding between he and Correction Officer (CO) Welch over whether claimant had asked to eat dinner and to use the recreation yard (as he claimed), or had simply been heard to say "yard," indicating his desire to go to the recreation yard in lieu of the evening meal.
Claimant's trial objection to defendant's marked Exhibit A, a certified copy of claimant's administrative grievance, is overruled. Exhibit A is admitted into evidence. Additionally, the Court has received and reviewed claimant's Memorandum of Law.
Claimant failed to prove by a preponderance of the credible evidence that his missed meal of February 4, 2005 was due either to defendant's negligence or due to the intentional conduct of defendant. At worst, it was the result of a misunderstanding or miscommunication between claimant and CO Welch. The claimant also failed to prove by a preponderance of the credible evidence that he incurred damages as a result of the missed meal.
The claim is dismissed.
All motions not previously decided are hereby denied.
Let judgment be entered accordingly.
January 15, 2015
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims