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.