Appeal from an order of the Court of Claims (Collins, J.), entered April 25, 2006, which, among other things, granted defendant’s motion for summary judgment dismissing the claim.
Following the murder of her daughter by a parolee under defendant’s supervision, claimant filed a claim alleging that, among other things, defendant had failed to adequately supervise the parolee in accordance with the provisions of its Division of Parole Policy and Procedures Manual. In particular, claimant alleged that the Manual required defendant’s parole officers to make home visits and otherwise regularly confirm that the parolee was obeying his hours of curfew. Although claimant demanded disclosure of the Manual in May 2005 and defendant refused to provide anything other than a copy of its table of contents without a court order, she took no further action to obtain any of the contents until after she had served a trial note of issue and certificate of readiness. When defendant moved for, among other things, summary judgment dismissing the claim, claimant cross-moved for a continuance on the ground that the Manual may contain information essential to oppose the motion. The Court of Claims denied claimant’s cross motion and granted defendant’s motion for summary judgment.
Claimant now appeals, arguing that she should have been granted a continuance to enable her to obtain disclosure of the Manual, and her claim should not have been summarily dismissed because she alleged that defendant’s officers had been negligent in the performance of ministerial acts. We cannot agree. Even assuming that the Manual prescribed exclusively
Crew III, J.P., Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
