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ROBERT F. ENGLEHART, APPELLANT, v. STATE OF NEW YORK, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

We agree with the Court of Claims that the claim sounded in false imprisonment, and not negligence, as asserted by the claimant. Since the claimant did not commence the instant proceeding within the one-year Statute of Limitations for such a claim (see, CPLR 215), the Court of Claims properly denied the application to file a late claim (see, Court of Claims Act § 10; see also, N Y Cons art III, § 19).

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ENGLEHART v. STATE OF NEW YORK
(Dec 19, 2000)