DELEON v. STATE


64 A.D.3d 840 (2009)

882 N.Y.S.2d 351

ISIDORO DELEON, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided July 2, 2009.


Kane, J.

In May 2007, claimant, an inmate at Shawangunk Correctional Facility in Ulster County, filed a notice of intention to file a claim alleging that, through both negligent and intentional acts, his placement by correction officers in a double-bunk cell from February 6, 2007 to May 15, 2007 violated his constitutional rights. Claimant did not take any further action on this matter until June 2008, when he filed a motion for permission to file a late claim pursuant...

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