Motion for late claim relief alleging a cause of action for wrongful confinement was denied as untimely.
|Claimant short name:||MARTINEZ|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Omar Martinez, Pro Se|
|Defendant's attorney:||Honorable Letitia James, Attorney General
By: Belinda A. Wagner, Esq., Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||December 31, 2019|
|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. In his proposed claim, movant alleges he was wrongfully confined for 30 days following a prison disciplinary hearing in which he was found guilty of fighting on January 12, 2018. Movant's prior claim arising from this period of disciplinary confinement was dismissed as untimely by Decision and Order dated July 19, 2019 and his prior motions for leave to serve and file a late claim were denied as untimely by Decision and Orders dated May 16, 2019 and August 14, 2019 .
The instant motion must be denied for the same reason the movant's prior applications for late claim relief were denied, because it is untimely. 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 disciplinary confinement (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 in February 2018, more than one year prior to the date the instant motion was filed (id.; Matter of Barnes v State of New York, 158 AD3d 961 [3d Dept 2018]; 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]). Finally, to the extent movant submitted proof intended to demonstrate that as of February 19, 2019 his administrative appeal had not yet been decided, a wrongful confinement action "accrue[s] upon a claimant's release from confinement, not, as urged by claimant here, upon the exhaustion of his administrative remedies" (Briggs v State of N.Y. Dept. of Corr. & Community Supervision, 163 AD3d 1306, 1307 [3d Dept 2018], appeal dismissed 32 NY3d 1133 , lv denied 33 NY3d 903 ).
Accordingly, the motion is denied.
December 31, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims