Legal Opinion

Johnson v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 2012Published

1Opinion of the CourtMcCarthy, J.

Appeal from an order of the Court of Claims (Milano, J.), entered March 18, 2010, which denied claimant’s motion to renew.

Claimant, a prison inmate, was found guilty of violating certain prison disciplinary rules and was confined in the special housing unit from September 17, 2007 to December 14, 2007. On September 18, 2008, claimant commenced an action seeking monetary damages for his alleged wrongful confinement. Defendant answered, raising timeliness as a defense, and claimant moved for summary judgment or permission to file a late claim pursuant to Court of Claims Act § 10 (6). Defendant…

2Cases cited6 opinions

  1. Haywood v. DrownSupreme Court of the United States · 2009
  2. 2 North Street Corp. v. Getty Saugerties Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Conner v. StateAppellate Division of the Supreme Court of the State of New York · 2000
  4. Davis v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  5. Marquis v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2011

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