E. K. v. State
Opinion of the Court
In a proceeding pursuant to Court of Claims Act § 10 (6), E. K. appeals from an order of the Court of Claims (Benza, J.), dated March 20, 1996, which denied his application for leave to file a late claim.
Ordered that the order is affirmed, with costs.
The instant claim arises out of the claimant’s involuntary admission on an emergency basis pursuant to Mental Hygiene Law § 9.39 (a) to the Creedmoor Psychiatric Center (hereinafter Creedmoor) on December 13, 1994. The claimant was
It is well settled that the decision to grant or deny an application for permission to file a late claim lies within the broad discretion of the Court of Claims (see, Matter of Soble v State of New York, 189 AD2d 970). Although the court is required to consider the six factors set forth in Court of Claims Act § 10 (6), no single factor is deemed controlling (see, Holly v State of New York, 191 AD2d 678).
In the case at bar, the Court of Claims properly determined that the claimant’s excuse—ignorance of the law—for the one-year delay in filing his claim was unacceptable (see, Matter of Dancy v Poughkeepsie Hous. Auth., 220 AD2d 413; Weber v County of Suffolk, 208 AD2d 527). Furthermore, the court properly determined that the claimant had failed to adequately establish the existence of a meritorious claim. A confinement pursuant to Mental Hygiene Law article 9 is deemed privileged in the absence of medical malpractice (see, Ferretti v Town of Greenburgh, 191 AD2d 608). Since the claimant failed to submit any expert medical opinion evidence, he was unable to show that his confinement was without privilege, a necessary element of the false imprisonment claim. For the same reason, the negligent commitment claim must fail (see, Ferretti v Town of Greenburgh, supra, at 610-611). Moreover, the hospital records clearly refute the claimant’s assertion that the procedures set forth in Mental Hygiene Law § 9.39 (a) were not followed.
As the claimant failed to present a reasonable excuse for his delay in filing a claim and failed to establish that his claims had the appearance of merit, it was not an improvident exercise of discretion to deny his application (see, Matter of Barella v State of New York, 232 AD2d 633; Klingler v State of New York, 213 AD2d 378). Thompson, J. P., Santucci, Friedmann and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.