Simon v. State

Nov 4, 2004
Versions:12 A.D.3d 171
783 N.Y.S.2d 463
2004 N.Y. App. Div. LEXIS 13039

Order, Court of Claims of the State of New York (S. Michael Nadel, J.), entered July 22, 2003, denying claimant’s application for permission to file a late claim, unanimously affirmed, without costs.

The claimant is clearly seeking damages for wrongful arrest and detention. As such, he “may not recover under broad general principles of negligence . . . but must proceed by way of the traditional remedies of false arrest and imprisonment” (Boose v City of Rochester, 71 AD2d 59, 62 [1979]). Since he did not timely move for permission to file a late claim, the court could not grant such relief (Court of Claims Act § 10 [6]; see e.g. Williams v State of New York, 235 AD2d 776 [1997], lv denied 90 NY2d 806 [1997]). Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.