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Burke v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 806 (N.Y. App. Div. 1991)

Opinion

January 28, 1991

Appeal from the Court of Claims (Lengyel, J.).


Ordered that the order is affirmed, with costs.

The Court of Claims properly dismissed the claim. The claim for false imprisonment was untimely under both Court of Claims Act § 10 (3-b) and CPLR 215 (3), and the tolling provision of CPLR 215 (8) is not applicable to save the claim (see, Kaplan v State of New York, 152 A.D.2d 417). The claim for malicious prosecution was also properly dismissed (see, Boose v City of Rochester, 71 A.D.2d 59; see also, Fisher v State of New York, 10 N.Y.2d 60, 61; Whitmore v State of New York, 55 A.D.2d 745, 746). Brown, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Burke v. State

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1991
169 A.D.2d 806 (N.Y. App. Div. 1991)
Case details for

Burke v. State

Case Details

Full title:MARK V. BURKE, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 28, 1991

Citations

169 A.D.2d 806 (N.Y. App. Div. 1991)
565 N.Y.S.2d 174

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