Scott v. State of New York

Appeal from an order of the Court of Claims (Mignano, J.), entered March 24, 2014, which granted defendant’s motion to dismiss the claim.

Claimant, an inmate, filed a claim alleging that the Department of Corrections and Community Supervision lost certain items of his personal property when he was transferred from one correctional facility to another. Defendant answered, asserting that claimant failed to file his claim within 120 days of exhausting his administrative remedies, and subsequently moved to dismiss the claim on that ground. The Court of Claims dismissed the claim as untimely, and…