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IN THE MATTER OF McCULLOUGH v. STATE OF NEW YORK

3 A.D.3d 749 (2004)

770 N.Y.S.2d 669

In the Matter of the Claim of DAVID McCULLOUGH, Appellant, v. STATE OF NEW YORK, Respondent.

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

January 22, 2004.

Cardona, P.J.

Claimant seeks $300 in damages based upon his allegation that his typewriter was damaged by employees of the Department of Correctional Services. As claimant filed and served his claim for damages more than the 120 days after the record indicates that he exhausted his administrative remedies for personal property claims, his claim was untimely (see Court of Claims Act § 10 [9]). Hence, respondent's motion for dismissal was appropriately granted...

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