RIVERA v. STATE OF NEW YORK


5 A.D.3d 881 (2004)

773 N.Y.S.2d 180

JOSE RIVERA, Appellant, v. STATE OF NEW YORK, Respondent.

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

March 11, 2004.


Carpinello, J.

Claimant, an inmate, commenced an action in the Court of Claims seeking money damages for alleged improprieties by prison personnel, including the filing of a "false" misbehavior report on June 30, 2001. Claimant's notice of intention to file a claim was served on October 12, 2001. The court dismissed this particular claim as untimely. Following this dismissal, claimant filed a motion for leave to reinstate the claim.

It is uncontested that...

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