Hall v. State
Opinion of the Court
Appeal from an order of the Court of Claims (Blinder, J.), entered April 14, 1981, which denied claimant’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the claim for untimeliness. On November 25,1980, claimant filed a notice of intention to file a claim for the loss of personal property he allegedly sustained when he was transferred from Greenhaven Correctional Facility to Clinton Correctional Facility. On January 5,1981, claimant filed a complaint in regard to the same loss. Both the notice and the complaint alleged that “the cause of action arose on February 14, 1980”. After the State had filed its answer, which contained an affirmative defense of late filing, claimant moved for summary judgment. The State cross-moved for dismissal on the ground of untimeliness. The Court of Claims denied claimant’s motion and granted the State’s motion, holding that the claim filed almost nine months after the alleged loss was untimely. In reply, claimant contended that he was not subject to the 90-day filing requirement provided in subdivision 3 of section 10 of the Court of Claims Act because he was under the legal disability of confinement in a State correctional institution. The reliance of claimant on Crawford v State of New
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