Opinion
CA 02-01238
March 21, 2003.
Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered February 15, 2002, which granted defendant's motion to dismiss the complaint. It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
ABBARNO, McLAUGHLIN KEDZIELAWA, BUFFALO (KEVIN M. STADELMAIER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BROWN KELLY, LLP, BUFFALO (NICOLE B. PALMERTON OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
Memorandum:
Supreme Court properly granted defendant's motion to dismiss the complaint, which alleges false arrest. A cause of action for false arrest accrues when the confinement terminates (see Kramer v. Herrera, 176 A.D.2d 1241; Boose v. City of Rochester, 71 A.D.2d 59, 64-65). The record establishes that plaintiff was arrested on August 21, 2000 for theft of services, based on his alleged refusal to pay for a room at defendant hotel that his family had occupied for several hours. Plaintiff was released from police custody on August 22, 2000 but did not commence this action until October 15, 2001. Thus, this action is time-barred (see CPLR 215; Boose, 71 A.D.2d 59), and we need not reach any other issues.