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COLLINS v. STATE

1107 CA 08-02575

69 A.D.3d 46 (2009)

2009 NY Slip Op 7295

887 N.Y.S.2d 400

EVAN COLLINS et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided October 9, 2009.

Attorney(s) appearing for the Case

Louis Rosado, Buffalo, for appellants.

Andrew M. Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), for respondent.

SCUDDER, P.J., HURLBUTT, MARTOCHE and SMITH, JJ., concur.

OPINION OF THE COURT

CENTRA, J.

I

Claimants made an application for permission to file a late notice of claim against defendant for, inter alia, unlawful imprisonment, alleging that the New York State Division of Parole (Division) improperly imposed a five-year period of postrelease supervision (PRS) upon Evan Collins (claimant) that ultimately resulted in his confinement. We conclude that the order granting claimants' motion for leave to renew...

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