New York State Court of Claims

New York State Court of Claims

PEOPLES v. THE STATE OF NEW YORK, #2009-041-008, Claim No. 116307, Motion No. M-76273


Synopsis


Wrongful confinement claim resulting from illegally imposed term of post-release supervision which is filed and served within ninety days of claimant’s release from confinement is timely.

Case Information

UID:
2009-041-008
Claimant(s):
LEE T. PEOPLES
1 1.The caption has been amended sua sponte to reflect the only proper defendant.
Claimant short name:
PEOPLES
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended sua sponte to reflect the only proper defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
116307
Motion number(s):
M-76273
Cross-motion number(s):

Judge:
FRANK P. MILANO
Claimant’s attorney:
LIPSITZ GREEN SCIME CAMBRIA LLPBy: Gregory P. Krull, Esq.
Defendant’s attorney:
HON. ANDREW M. CUOMO
New York State Attorney General
By: Michael T. Krenrich, Esq. Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
March 26, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant moves to dismiss the claim on the grounds that it was not filed and served in accordance with the time requirements of the Court of Claims Act. The claim alleges that claimant was wrongfully confined by defendant as a result of defendant illegally imposing an administrative sentence of post-release supervision (PRS) upon claimant following a period of incarceration properly imposed by the sentencing court. After administrative imposition of the PRS term by defendant, claimant allegedly violated the PRS provisions leading to his further incarceration. The claim alleges that the “times of unlawful imprisonment are on or about November 27, 2007 continuing through on or about November 7, 2008.” Pursuant to Court of Claims Act § 10 (3):
“A claim to recover damages for injuries to property or for personal injuries caused by the negligence or unintentional tort of an officer or employee of the state while acting as such officer or employee, shall be filed and served upon the attorney general within ninety days after the accrual of such claim. . . .”
Court of Claims Act § 10 (3-b) provides that:
“A claim to recover damages for injuries to property or for personal injuries caused by the intentional tort of an officer or employee of the state while acting as such officer or employee, . . . shall be filed and served upon the attorney general within ninety days after the accrual of such claim . . . .”
Whether the alleged wrongful confinement was intentional or unintentional, the claim was required to be served and filed within ninety (90) days of its accrual. A claim for wrongful confinement accrues on “the date on which [claimant’s] confinement terminated” (Santiago v City of Rochester, 19 AD3d 1061, 1062 [4th Dept 2005], lv denied 5 NY3d 710 [2005]).

The cause of action for claimant’s wrongful confinement thus accrued upon his release from confinement on November 7, 2008. The claim was filed and served on January 15, 2009, within the ninety day period.

The defendant’s motion to dismiss the claim as untimely is denied.


March 26, 2009
Albany, New York

HON. FRANK P. MILANO
Judge of the Court of Claims


Papers Considered:

  1. Defendant’s Notice of Motion, filed February 18, 2009;
  2. Affirmation of Michael T. Krenrich, dated February 18, 2009, and annexed exhibit;
  3. Affirmation of Gregory P. Krull, dated March 4, 2009, and annexed exhibits.