McDay v. State of New York

Appeal from an order of the Court of Claims (Hard, J.), entered September 24, 2014, which denied claimant’s motion for summary judgment.

Claimant, a prison inmate, brought this claim contending, among other things, that defendant failed to return a television that was taken from his cell by the Department of Corrections and Community Supervision when he was transferred into the special housing unit. Following joinder of issue, claimant moved for summary judgment. The Court of Claims denied the motion and this appeal by claimant ensued.

We affirm. The drastic remedy of summary judgment should…