Matter of Burns v. City of New York

Full title: In the Matter of JOSEPH BURNS, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Jun 16, 1964

21 A.D.2d 767 (N.Y. App. Div. 1964)

Opinion

June 16, 1964

Order, entered on May 29, 1963, granting leave to serve a late notice of claim unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied. It appears that petitioner, asserting a claim against the city, moved, pursuant to subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law to serve his notice of claim after the expiration of the 90-day period. At the time the application was made petitioner was serving a sentence at Sing Sing Prison pursuant to a conviction for a felony. At that time by virtue of the sentence all civil rights of the petitioner were suspended (Penal Law, § 510). This includes his right of access to the courts to present a claim ( Green v. State of New York, 278 N.Y. 15).

Concur — Botein, P.J., McNally, Eager, Steuer and Staley, JJ.