Opinion
# 2015-050-007 Claim No. 125076 Motion No. M-85993 Cross-Motion No. CM-85995
02-18-2015
JAMES WATSON v. THE STATE OF NEW YORK
James Watson, Pro Se Hon. Eric T. Schneiderman, NYS Attorney General By: Richard B. Friedfertig, Assistant Attorney General
Synopsis
Defendant moves to dismiss the claim in lieu of answering. The NOI received by the Attorney General on October 10, 2013 refers to the date of incident as August 8, 2011. The service of the NOI on or about October 10, 2013 exceeded the governing 90-day period of limitations for service of a NOI under Court of Claims Act § 10 (3). Accordingly, the claim as asserted was untimely and is dismissed.
Case information
| UID: | 2015-050-007 |
| Claimant(s): | JAMES WATSON |
| Claimant short name: | WATSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125076 |
| Motion number(s): | M-85993 |
| Cross-motion number(s): | CM-85995 |
| Judge: | STEPHEN J. LYNCH |
| Claimant's attorney: | James Watson, Pro Se |
| Defendant's attorney: | Hon. Eric T. Schneiderman, NYS Attorney General By: Richard B. Friedfertig, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 18, 2015 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The defendant moves to dismiss in lieu of answering. Claimant cross-moves to amend the claim.
The instant claim is for the alleged wrongful confinement of the claimant in the Special Housing Unit (SHU) following a superintendent's tier III disciplinary hearing, while housed at Wende Correctional facility. A Notice of Intention to file a claim (NOI) was served on October 10, 2013.
The motion to dismiss is granted. The NOI which was received by the Office of the Attorney General on October 10, 2013 refers to the date of August 8, 2011 as the date the "incident of claim occurred." The facts as further alleged in the NOI are that the wrongful confinement extended for a period of "302 days". As the cause of action for wrongful confinement accrues on the date when the confinement terminated (see Jackson v State of New York, UID No. 2014-010-049 [Ct Cl, Ruderman, J., Aug. 26, 2014]; Thomas v State of New York, UID No. 2014-040-042 [Ct Cl, McCarthy, J., July 30, 2014]; Herald v State of New York, UID No. 2014-039-419 [Ct Cl, Ferreira, J., July 1, 2014]), the latest possible date it can be inferred (from the facts as alleged in the NOI) that claimant's confinement termination would have been October 13, 2011. The service of the NOI on or about October 10, 2013 exceeded the governing 90-day period of limitations for service of a NOI under Court of Claims Act § 10 (3). Accordingly, the claim as asserted was untimely and is dismissed.
The claim alleges a period of wrongful confinement of 180 days (claim paragraph D [ii]) and claimant alleges other accrual dates in the proposed amended claim attached to his cross motion.
The proposed amended claim in claimant's cross motion states he was released on October 13, 2011 (at paragraph 14 thereof).
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February 18, 2015
Hauppauge, New York
STEPHEN J. LYNCH
Judge of the Court of Claims
The following papers were read and considered by the Court on the defendant's motion to dismiss and the claimant's cross motion to amend the claim:
1. Notice of Motion, Affidavit in Support with Exhibits A and B (M-85993).
2. Notice of Cross Motion, Affidavit in Support with Exhibits 1 through 5 (CM-85995).
3. Affidavit in Opposition (CM-85995).