BASKERVILLE v. STATE OF NEW YORK


276 A.D.2d 418 (2000)

714 N.Y.S.2d 289

MARTIN BASKERVILLE, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided October 26, 2000.


The claim alleges that the State was negligent in failing to notify claimant of the denial of his habeas corpus application in August 1990 until September 1997, when he was advised thereof in a letter from a court clerk, and that such negligence caused claimant damages by impairing his ability to appeal, and thereby prolonging his imprisonment. The claim was properly dismissed as barred by the three-year Statute of Limitations (Court of Claims Act § 12 [2]; CPLR 214...

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