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BOLAND v. STATE OF NEW YORK

30 N.Y.2d 337 (1972)

Marie Boland, Appellant, v. State of New York, Respondent. (Motion No. M-11936.)

Court of Appeals of the State of New York.

Decided May 5, 1972.

Attorney(s) appearing for the Case

Eugene Murphy and Nancy E. Le Blanc for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

Jeremiah S. Gutman for New York Civil Liberties Union, amicus curiae.

Chief Judge FULD and Judges BURKE, JASEN and GIBSON concur with Judge BREITEL; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Judge BERGAN concurs.

BREITEL, J.

Claimant, a recent patient of a State mental institution by involuntary commitment, seeks permission to file a late claim against the State. The claim is for wrongful commitment (false imprisonment) and negligent medical treatment. The claim was not filed within 90 days of accrual as ordinarily required by subdivision 3 of section 10 of the Court of Claims Act. The claim may be filed, however, under...

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