Opinion
# 2021-059-002 Claim No. 134440 Motion No. M-95399
01-06-2021
JEFFREY YOUNG v. THE STATE OF NEW YORK
Jeffrey Young, Pro se HON. LETITIA JAMES, ATTORNEY GENERAL By: Dorothy M. Keogh, Assistant Attorney General
Synopsis
Case information
| UID: | 2021-059-002 |
| Claimant(s): | JEFFREY YOUNG |
| Claimant short name: | YOUNG |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 134440 |
| Motion number(s): | M-95399 |
| Cross-motion number(s): | |
| Judge: | MAUREEN T. LICCIONE |
| Claimant's attorney: | Jeffrey Young, Pro se |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY GENERAL By: Dorothy M. Keogh, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 6, 2021 |
| City: | Hauppauge |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an inmate proceeding pro se, served the underlying claim upon the attorney general on January 21, 2020. The claim, filed on February 11, 2020, alleges wrongful confinement based on a misbehavior report issued on or about July 26, 2019. The State of New York (Defendant) now makes this pre-answer motion to dismiss the claim pursuant to CPLR 3211 (a) (2) and Court of Claims Act § 10 (3) (b) and § 11 (a) (i) on the grounds that the Court is without jurisdiction because the claim was untimely. Claimant opposes the motion.
The filing and service requirements of Court of Claims Act § 11 must be strictly construed as they are jurisdictional in nature (see Kolnacki v State of New York, 8 NY3d 277 [2007]). Court of Claims Act § 10 (3) (b) and § 11 (a) (i) provide that an intentional tort claim, such as one for wrongful confinement, must be filed and a copy served personally or by certified mail, return receipt requested, upon the attorney general within ninety days of the claim's accrual, unless within that same ninety-day period the claimant serves a notice of intention to file a claim upon the attorney general, in which case the claim must be filed and served within one year after accrual of the claim. The failure to timely and properly serve a notice of intention to file a claim or a claim within the requisite ninety-day period deprives the Court of jurisdiction, requiring dismissal of the claim (see Bennett v State, 106 AD3d 1040 [2d Dept 2013]).
A cause of action for wrongful confinement accrues when the confinement ends (see Trammell v State of New York, 172 AD3d 1847 [3d Dept 2019]; Williams v City of New York, 153 AD3d 1301 [2d Dept 2017]; Brazzley v State of New York, UID No. 2019-028-289 [Ct Cl, Sise, J., Nov. 1, 2019]), not, as Claimant argues, when a Tier II decision is administratively reversed. Here, the claim states that Claimant's allegedly wrongful confinement ended by September 1, 2019. Thus, the claim was not served or filed within ninety days of Claimant's release and must be dismissed (see Walek v State of New York, UID No. 2019-038-611 [Ct Cl, DeBow, J., Dec. 4, 2019]; Moore v State of New York, UID No. 2019-028-508 [Ct Cl, Sise, J., March 4, 2019]).
Accordingly, for the foregoing reasons, it is ORDERED that Defendant's pre-answer motion to dismiss (M-95399) is granted and the claim is dismissed.
MAUREEN T. LICCIONE
Judge of the Court of Claims
Papers Considered:
1. Notice of Motion of Dorothy M. Keogh, AAG, dated January 28, 2020 with attached exhibits.
2. Affidavit in Opposition to Defendant's Motion to Dismiss of Jeffrey Young, pro se, sworn to February 6, 2020.
3. Correspondence from Jeffrey Young, undated, with attached exhibits.
January 6, 2021
Hauppauge, New York
MAUREEN T. LICCIONE
Judge of the Court of Claims