Burks v. State

Appeal from an order of the Court of Claims (Hard, J.), entered June 19, 2013, which denied claimant’s application pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.

Claimant was released from prison in October 2004. In February 2013, he moved for leave to file a late claim, alleging that an erroneous calculation by the Department of Corrections and Community Supervision of the maximum expiration date of his sentence had resulted in his wrongful confinement for four additional years. The Court of Claims denied the motion, finding, among other things, that it was…