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KYM RESPASS, appellant, v. JAMES F. DEAN, defendant, ROGER C. CAPOZZI, JR., respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff's action was not subject to the seven-year statute of limitations for crime victims provided by CPLR 213-b(1). There was no causal connection between the plaintiff's injuries and the defendant's criminal conviction ( see Koerick v. Lotito, 262 A.D.2d 367; Boice v. Burnett, 245 A.D.2d 980). Thus, this action is governed by, and barred by the expiration of, the three-year period of limitations set forth in CPLR 214(5).

In light of our determination, we need not reach the plaintiff's remaining contentions.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

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RESPASS v. DEAN
(May 3, 2004)