New York State Court of Claims

New York State Court of Claims

SANTIAGO v. STATE OF NEW YORK, #2001-014-528, , Motion No. M-62937


Synopsis


Application for late claim alleging false imprisonment, filed more than one year after claimant's release, is denied.

Case Information

UID:
2001-014-528
Claimant(s):
LUIS A. SANTIAGO
Claimant short name:
SANTIAGO
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

Motion number(s):
M-62937
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Luis A. Santiago, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
April 10, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the claimant's application for permission to file a late claim: Motion for Permission to File a Late Claim, Notice of Intention to File Claim, exhibit annexed; Affirmation in Opposition and Exhibit annexed.


The claimant seeks permission to file a late claim alleging false imprisonment. According to his submission, he was arrested on February 7, 1997 and held in custody until April 9, 1998, when he was released upon being acquitted after trial. This application was filed on January 5, 2001, more than one year after the claimant was released from custody, which is the accrual date of a claim for false imprisonment. Bomboy v State of New York, 26 AD2d 974. As such, the application was filed beyond the relevant one year statute of limitation. CPLR 215(3). An application for permission to file a late claim for false imprisonment must be filed within one year of the date of release from custody.

The Court is without jurisdiction to grant the relief requested. Court of Claims Act §10(6); Englehart v State of New York, ___ AD2d ___, 718 NYS2d 620. Accordingly, the application is denied.


April 10, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims