Opinion
# 2019-015-117 Claim No. 125354
01-19-2019
SHIVA RAMDHANI v. THE STATE OF NEW YORK
Shiva Ramdhani, Pro Se Honorable Letitia James, Attorney General By: Christina Calabrese, Esq., Assistant Attorney General
Synopsis
Pro se inmate's bailment claim for lost books was dismissed as he failed to establish that the books were last in the possession of the defendant and it appeared, based upon a credit to the claimant's inmate account, that the books had been returned to the retailer.
Case information
| UID: | 2019-015-117 |
| Claimant(s): | SHIVA RAMDHANI |
| Claimant short name: | RAMDHANI |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125354 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Shiva Ramdhani, Pro Se |
| Defendant's attorney: | Honorable Letitia James, Attorney General By: Christina Calabrese, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 19, 2019 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The claim alleges that the claimant purchased certain books which were received by the Great Meadow Correctional Facility (Great Meadow) package room but never delivered to him. A trial of this matter was conducted by video teleconference on January 10, 2019.
Claimant offered no documentary evidence at trial but testified that he provided a family friend a list of books he wished to have purchased and, presumably, forwarded to him. The family friend took too long to place the order, so the claimant placed his own, independent order for the same books.
Exhibit A was received in evidence. Page 1 of the exhibit is an invoice dated June 8, 2014 from Intelligent Solutions Advisory reflecting claimant's payment of $97.95 for various publications. Page 2 of the exhibit is a non-food package record which includes an entry dated June 16, 2014, and bearing the claimant's signature, reflecting claimant's receipt of one book and pamphlets from "ISA." Finally, page 3 is claimant's inmate statement for the period August 1, 2014 through August 29, 2014 and includes an entry indicating a mail receipt on August 8, 2014 in the amount of $97.95, which was added to the claimant's account balance.
In response to the information contained in the documentary evidence, the claimant speculated that the officer reviewing his administrative claim forged his signature on the copy of his June 16, 2014 non-food package record in order to deny his claim. To support his thesis, claimant further contended that the original package room records reflecting the receipt of publications from ISA do not include his signature.
The State, as a bailee of an inmate's personal property, owes a common law duty to secure the property in its possession (Pollard v State of New York, 173 AD2d 906 [3d Dept 1991]). When an inmate's property was last under the control of the Department of Corrections and Community Supervision (DOCCS), and DOCCS fails to deliver it to the inmate or his or her designee, then a rebuttable presumption of negligence arises (7 NYCRR § 1700.7 [b]). Here, the documentary evidence submitted by the defendant establishes that although a package was received by DOCCS on behalf of the claimant, claimant signed for the package on June 16, 2014, eight days after the date on the purchase receipt (Exhibit A, p. 2). Consequently, claimant failed to establish that the property was last in the possession of DOCCS. Moreover, claimant's inmate account was credited in the amount of $97.95 on August 8, 2014 (id. at p. 3), representing the entire amount of the June 8, 2014 purchase. Thus, it appears that the book and pamphlets ordered by the claimant were returned. Accordingly, the claim is dismissed.
Let judgment be entered accordingly.
January 19, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims