Legal Opinion

Benson v. State

New York Court of Claims

Decided December 20, 1944No. Motion No. 1042PublishedCited by 2 opinions

1Opinion of the CourtFitzsimmons, J.

Claimant here applies for permission to file a claim arising out of injuries sustained on August 5, 1942, while an inmate of Auburn Prison, from which State prison he was discharged on July 12, 1944, after having fully served tlr sentence imposed upon his conviction for a felony.

At the time of such accident and up to July 12,1944, claimant was under legal disability, in consequence of which his civil rights were suspended (Penal Law, § 510). Upon his discharge from prison after having fully served his sentence, claimant’s civil rights were restored, whereupon he was enabled to institute an…

2Cases cited6 opinions

  1. Curry v. . City of BuffaloNew York Court of Appeals · 1892
  2. Green v. State of New YorkNew York Court of Appeals · 1938
  3. Jones v. . City of AlbanyNew York Court of Appeals · 1896
  4. Weber v. StateAppellate Division of the Supreme Court of the State of New York · 1944
  5. Weber v. StateNew York Court of Claims · 1943

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3Cited by2 opinions

  1. Grant v. StateNew York Court of Claims · 1948
  2. Doty v. StateNew York Court of Claims · 1958

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