Justice v. State

Appeal from an order of the Court of Claims (Collins, J), entered June 13, 2013, which, among other things, granted defendant’s motion for summary judgment dismissing the claim.

Claimant is an insanity acquittee who is also incarcerated (see People v Justice, 202 AD2d 981 [1994], lv denied 83 NY2d 968 [1994]; People v Justice, 173 AD2d 144, 146 [1991]). In 2008, he brought this claim, sounding in negligence, alleging that, while he has been incarcerated, the Commissioner of Mental Health has failed to, among other things, monitor his compliance with an order of conditions imposed in 2006…