Opinion
# 2015-015-109 Claim No. NONE Motion No. M-87375
12-21-2015
CHARLES C. WILLIAMS v. THE STATE OF NEW YORK
Charles C. Williams, Pro Se Honorable Eric T. Schneiderman, Attorney General By: Paul F. Cagino, Esquire Assistant Attorney General
Synopsis
Application for late claim relief was denied as untimely.
Case information
| UID: | 2015-015-109 |
| Claimant(s): | CHARLES C. WILLIAMS |
| Claimant short name: | WILLIAMS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | NONE |
| Motion number(s): | M-87375 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Charles C. Williams, Pro Se |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Paul F. Cagino, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 21, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Movant, proceeding pro se, seeks permission to file and serve a late claim pursuant to Court of Claims Act § 10 (6).
Movant, an inmate in the custody of the Department of Corrections and Community Supervision, alleges he was wrongfully confined to the Special Housing Unit (SHU) at Great Meadow Correctional Facility following a prison disciplinary hearing in which he was found guilty of certain rule violations. In his proposed claim, movant alleges the tier III disciplinary hearing concluded on November 23, 2011 and he was thereafter confined to the SHU for 140 days (claimant's Exhibit B, proposed claim, ¶¶ 8 [F], [Q]). Claimant exhausted his administrative remedies and commenced a proceeding pursuant to CPLR article 78 in the Supreme Court, which resulted in the entry of a Judgment denying his request for relief and dismissing the petition. Movant appealed the Judgment to the Appellate Division, Third Department which reversed the Judgment, granted the petition, annulled the determination and directed that all references to the matter be expunged from petitioner's institutional record (Matter of Williams v Fischer, 128 AD3d 1147 [3d Dept 2015]). The motion for late claim relief was filed in the Office of the Clerk of the Court of Claims on September 22, 2015.
Court of Claims Act § 10 (6) permits, in the Court's discretion, the filing of a late claim against the State "before an action asserting a like claim against a citizen of the state would be barred under the provisions of article two of the civil practice law and rules." An action asserting a wrongful confinement cause of action against a citizen of the state must be commenced within one year from the date the cause of action accrues (see CPLR § 215 [3]). A cause of action accrues when damages are reasonably ascertainable which, in a claim for wrongful confinement, is the date the confinement terminates (Burks v State of New York, 119 AD3d 1302 [3d Dept 2014]; Davis v State of New York, 89 AD3d 1287, 1287 [3d Dept 2011]; Conner v State of New York, 268 AD2d 706
[3d Dept 2000]). Here, claimant alleges he was confined for a period of 140 days, which would have terminated in April 2012. As a result, leave to file and serve a late claim for wrongful confinement cannot be granted as it accrued more than one year prior to the date the instant motion was filed.
Accordingly, movant's motion is denied.
December 21, 2015
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims The Court considered the following papers: 1. Notice of motion dated September 11, 2015; 2. Affidavit of Charles C. Williams sworn to September 11, 2015 with exhibits; 3. Letter dated October 13, 2015 from Paul F. Cagino; 4. Letter dated November 13, 2015 from Charles C. Williams.