Encarnacion v. State of New York

Appeal from an order of the Court of Claims (Collins, J.), entered January 29, 2014, which denied claimant’s ap plication pursuant to Court of Claims Act § 10 (6) for permission to file a late claim.

Claimant, an inmate, filed a claim seeking reimbursement for the value of certain personal property missing from his cell following a cell search. He served the claim on defendant by regular mail on July 29, 2013, and the 120-day period for filing a valid claim expired on August 7, 2013 (see Court of Claims Act § 10 [9]). Defendant served an answer raising as an affirmative defense the lack of…