Opinion
# 2021-032-017 Claim No. 134732 Motion No. M-95911
01-22-2021
STEVEN SORGE v. STATE OF NEW YORK
No Appearance Hon. Letitia James, Attorney General By: Heather R. Rubinstein, AAG
Synopsis
Motion to dismiss granted. Wrongful confinement claim has not yet accrued where claimant is still incarcerated.
Case information
| UID: | 2021-032-017 |
| Claimant(s): | STEVEN SORGE |
| Claimant short name: | SORGE |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 134732 |
| Motion number(s): | M-95911 |
| Cross-motion number(s): | |
| Judge: | JUDITH A. HARD |
| Claimant's attorney: | No Appearance |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Heather R. Rubinstein, AAG |
| Third-party defendant's attorney: | |
| Signature date: | January 22, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The instant claim was filed on May 26, 2020 alleging a cause of action for wrongful confinement. The claim alleges that, on January 12, 2020, claimant reached the maximum expiration date on his sentence. The claim further alleges that on the date that his claim was filed, claimant was still incarcerated at Fishkill Correctional Facility and his cause of action for wrongful confinement was continuing to accrue. Defendant moves to dismiss the claim for failure to allege a proper accrual date as the cause of action has not yet accrued due to claimant's continued incarceration.
As relevant here, "[a] claimant seeking to recover damages for personal injuries caused by the negligence, intentional tort or unintentional tort of an officer or employee of the State must file and serve a claim or, alternatively, a notice of intention to file such a claim, upon the Attorney General within 90 days after the accrual thereof" (Maude V. v New York State Off. of Children & Family Servs., 82 AD3d 1468, 1469 [3d Dept. 2011]; see Court of Claims Act § 10 [3], [3-b]). A claim alleging wrongful confinement accrues on the date that the confinement ends (Kairis v State of New York, 113 AD3d 942, 942 [3d Dept. 2014]; Davis v State of New York, 89 AD3d 1287, 1287 [3d Dept. 2011]). Therefore, the instant claim is premature until such time as claimant is released from confinement (Jackson v State of New York, UID No. 2015-015-056 [Ct Cl, Collins, J., May 26, 2015]). Claimant's recourse while he is still incarcerated is to pursue a habeas corpus proceeding in Supreme Court pursuant to CPLR article 70 (id.), and it appears that claimant has already initiated said proceeding (see Rubinstein Aff., Exhibit B).
Based upon the foregoing, defendant's motion to dismiss the claim (M-95911) is GRANTED and claim number 134732 is DISMISSED.
January 22, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims Papers Considered: 1. Notice of Motion, dated September 21, 2020; and Affirmation in Support of Motion, affirmed by Heather R. Rubinstein, AAG on September 21, 2020 with Exhibits A through B annexed thereto.