Re: [npap] [NY-Trial] Re: OVER-DETENTION AWARDS IN DECIS...

1 of 2

Subject: Re: [npap] [NY-Trial] Re: OVER-DETENTION AWARDS IN DECISIONS IN NY STATE
COURT OF CLAIMS
From: "Michael R. Scolnick Esq." <scollaw@optonline.net>
Date: Fri, 15 Feb 2008 19:07:21 -0500
To: jsolson@scofflaw.com
CC: Npap <npap@nationallawyersguild.org>, NYCPR <nycpr@yahoogroups.com>
Can anybody in NPAP or the Rogues give me something to support a demand of
$2000/day or more for my 14 days over-detained client. Am I completely off
in left field with that? I'll take federal decisions, any jurisdiction, if
you have them.
I just searched that NY Court of Claims data base and found one case where
award was $85 (don't know how many days, in 2000 AD) and another where they
awarded $75/day for 7 days (in 2002 AD).
OY!
Could anyone run me a Verdict Search for that? I don't have access to it.
Michael R. Scolnick, P.C.
Attorney at Law
175 Burrows Lane
Blauvelt, NY 10913
845-354-9339
fax: 845-365-1506
"The only foolish question is the one you don't ask."

-----Original Message----From: NY-Trial
Sent: Friday, February 15, 2008 6:33 PM
To: NY-Trial@
Subject: [NY-Trial] Re: OVER-DETENTION AWARDS IN DECISIONS IN NY STATE
COURT OF CLAIMS
Michael I have similiar facts (31 days) so I would appreciate it if you let
me know what you find and how you do $$ wise. Who is the AAG on your
case and are in Albany?
To answer your questions, the Court of Claims has a searchable
decisions page. Its crude (you search by term) but maybe you will
find something. I found Smith v. State, #2007-030-014, Claim #
111410. It granted the claimant SJ and awared him $10 per day, citing
to a 4th Dept. case that deals with the time a claimant should have
been in the SHU, not over-dentention in jail like our cases. Its a
1994 case. I hope in Smith that the claimant got screwed because he
was pro se and that $10 per day is not the going rate.
Please let me know what you find.
Thanks,
Eric
--- In NY-Trial@ ------ , "Michael R. Scolnick Esq."
<scollaw@...> wrote:
>
>
> Where would I look to find "verdicts" (i.e., awards made) in New
York
> State's Court of Claims (the court where you sue the state) in
cases of

3/10/2008 11:50 AM

Re: [npap] [NY-Trial] Re: OVER-DETENTION AWARDS IN DECIS...

2 of 2

> prisoner over-detention?
>
> In a case where my client was over-detained by 14 days following
his maximum
> expiration date I have been invited by the Assistant Attorney
General to
> make a demand -- early settlement discussions. I also started a
separate
> 1983 suit against the individual parole employees whose misdeeds "wilfil
> disregard" resulted in the over-detention. I've made claim now in
discussion
> for lawyer fees under 1988 for the work done in bringing the
federal suit. I
> argued that the state will be demanding a release for them also, so
they
> should pay the fees for the work done in that court. I'll let you
know how
> it goes.
>
> Meanwhile Where do I find what I'm looking for?
>
> Michael R. Scolnick, P.C.
> Attorney at Law
> 175 Burrows Lane
> Blauvelt, NY 10913
> 845-354-9339
> fax: 845-365-1506
> "The only foolish question is the one you don't ask."
>

__._,_.___
MMessages in this topic (3) essages | Files | Photos | Links | Database |
Polls | Members | Calendar
Change settings via the Web (Yahoo! ID required)
Change settings via email: Switch delivery to Daily Digest | Switch format
to Traditional
Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe .
__,_._,___
_________________________________________________________________
To unsubscribe or modify your subscription options, please visit:
http://lists.nationallawyersguild.org/mailman/options/npap/jsolson%40scofflaw.com

3/10/2008 11:50 AM