Canales v. State

OPINION OF THE COURT

Francis T. Collins, J.

Defendant moves (M-86905) for dismissal pursuant to CPLR 3211 (a) (1), (2) and (8), and Court of Claims Act § 10 (3), on the ground the claim was not filed or served within the time constraints of this court’s prior decision and order granting claimant permission to file and serve a late claim. Claimant opposes the motion and moves separately (M-87009) to compel discovery pursuant to CPLR 3101 and 3102 (f).

The instant claim arises from injuries allegedly sustained by the claimant, a pro se inmate, when he was assaulted by another inmate in the…