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BURKE v. STATE

169 A.D.2d 806 (1991)

Mark V. Burke, Appellant, v. State of New York, Respondent. (Claim No. 76089.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 28, 1991

Ordered that the order is affirmed, with costs.

The Court of Claims properly dismissed the claim. The claim for false imprisonment was untimely under both Court of Claims Act § 10 (3-b) and CPLR 215 (3), and the tolling provision of CPLR 215 (8) is not applicable to save the claim (see, Kaplan v State of New York, 152 A.D.2d 417). The claim for malicious prosecution was also properly dismissed (see,

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