Movant's application to file a late claim alleging wrongful confinement following a prison disciplinary hearing was denied as time barred by the one-year statute of limitations contained in CPLR 215 (3).
|Claimant short name:||SMITH|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Rodney Smith, Pro Se|
|Defendant's attorney:||Honorable Barbara D. Underwood, Attorney General
By: Thomas R. Monjeau, Esq., Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||December 7, 2018|
|See also (multicaptioned case)|
Movant, proceeding pro se, seeks leave to serve and file a late claim pursuant to Court of Claims Act § 10 (6).
Movant, an inmate in the custody of the Department of Corrections and Community Supervision, seeks permission to serve and file a late claim alleging a cause of action for wrongful confinement. According to the allegations in his proposed claim and supporting affidavit, movant was charged in a misbehavior report with certain prison rule violations and was found guilty following a tier III disciplinary hearing on September 9, 2016. A penalty of 90 days confinement to the Special Housing Unit, together with the loss of other privileges, was imposed by the hearing officer following the hearing. Movant's administrative appeal resulted in a reversal of the disciplinary determination on November 18, 2016. Movant was released from confinement in the Special Housing Unit on November 24, 2016 (proposed claim, ¶ 10) and seeks to file a late claim alleging damages for the period of his confinement to the SHU - from September 2, 2016 through November 24, 2016.
Court of Claims Act § 10 (6) permits, in the Court's discretion, the filing of a late claim against the State "before an action asserting a like claim against a citizen of the state would be barred under the provisions of article two of the civil practice law and rules." Actions against a citizen of the State for wrongful confinement/false imprisonment are governed by a one-year statute of limitations (see CPLR § 215 ) and accrue upon an inmate's release from the SHU (Campos v State of New York, 139 AD3d 1276, 1277 [3d Dept 2016]). As a result, leave to file and serve a late claim for wrongful confinement cannot be granted as this cause of action accrued on November 24, 2016, more than one year prior to the date the instant motion was filed (see id.; Lerner v State of New York, 72 AD3d 406 [1st Dept 2010], lv denied 15 NY3d 703 ; Sands v State of New York, 49 AD3d 444 [1st Dept 2008]).
Accordingly, the motion is denied.
December 7, 2018
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims