Opinion
# 2015-015-110 Claim No. NONE Motion No. M-87362
12-18-2015
ANGELA WILLIAMS v. THE STATE OF NEW YORK
Angela Williams, Pro Se Honorable Eric T. Schneiderman, Attorney General By: Michael T. Krenrich, Esquire Assistant Attorney General
Synopsis
Motion to file a late claim alleging wrongful confinement was denied as untimely and, in any event, meritless since the confinement was based upon a facially valid order of commitment.
Case information
| UID: | 2015-015-110 |
| Claimant(s): | ANGELA 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-87362 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Angela Williams, Pro Se |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Michael T. Krenrich, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 18, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Movant seeks leave to file and serve a late claim pursuant to Court of Claims Act § 10 (6).
Movant's alleges in her proposed claim that she was imprisoned beyond her conditional release date from prison. She was sentenced as a second felony offender on September 18, 2008 to three and one half to seven years imprisonment upon her plea of guilty to third degree burglary. Movant was released from prison on June 14, 2012, her conditional release date, in accordance with the 2008 sentence.
By Memorandum and Order dated September 28, 2012, the Appellate Division, Third Department modified the judgment of conviction and remitted the matter to the County Court for resentencing. The Appellate Division found that since the movant controverted the allegation that she had been previously convicted of a felony, she was entitled to a hearing, in accordance with CPL 400.21 (3), (5), to determine whether or not she should be sentenced as a second felony offender.
On January 3, 2013, movant was resentenced, as a second felony offender, to two and one half to five years imprisonment. This resentence resulted in a reduction of the prior conditional release date from June 14, 2012 to May 19, 2011. Movant seeks damages for the period during which she contends she was wrongfully confined, from May 19, 2011 through June 14, 2012, the date of her release from prison. Notably, the maximum term of the 2013 resentence expired on January 19, 2013, subsequent to the date of her release on June 14, 2012.
Movant was convicted of two additional felonies and sentenced on December 18, 2014 to one year and six months to three years imprisonment. --------
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 that she was released from confinement on June 14, 2012. The proposed claim, having accrued on June 14, 2012, is now barred by the one year statute of limitations contained in CPLR 215 (3).
Moreover, "where a facially valid order issued by a court with proper jurisdiction directs confinement, that confinement is privileged . . . and everyone connected with the matter is protected from liability for false imprisonment" (Holmberg v County of Albany, 291 AD2d 610, 612 [3d Dept 2002], lv denied 98 NY2d 604 [2002]). Here, movant's conditional release date of June 14, 2012 was premised upon the Uniform Sentence & Commitment order dated September 18, 2008. It was only after the movant's release on June 14, 2012 that she was resentenced and her conditional release date recalculated in accordance therewith. Inasmuch as DOCCS' acted in accordance with the Uniform Sentence & Commitment order in existence at the time of the movant's release, her confinement was privileged and defendant is protected from liability for false imprisonment.
Accordingly, movant's motion is denied.
December 18, 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 3, 2015;
2. Affidavit of Angela Williams sworn to September 3, 2015 with exhibits;
3. Affirmation of Michael T. Krenrich dated October 13, 2015 with exhibits.