Opinion · Appellate Division of the Supreme Court of the State of New York
Burns v. City of New York
21 A.D.2d 767
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1964-06-16
- Topic
- general
Order, entered on May 29, 1963, granting leave to serve a late notice of claim unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied. It appears that petitioner, asserting a claim against the city, moved, pursuant to subdivision 5 of section 50-e of the General Municipal Law to serve his notice of claim after the expiration of the 90-day period. At the time the application was made petitioner was serving a sentence at Sing ’Sing Prison pursuant to a conviction for a felony. At that time by virtue of the sentence all civil rights of the petitioner were suspended (Penal Law, § 510). This includes his right of access to the courts to present a claim (Green v.
Citator
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- Cited by
- 2 opinions
Order, entered on May 29, 1963, granting leave to serve a late notice of claim unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied. It appears that petitioner, asserting a claim against the city, moved, pursuant to subdivision 5 of section 50-e of the General Municipal Law to serve his notice of claim after the expiration of the 90-day period. At the time the application was made petitioner was serving a sentence at Sing ’Sing Prison pursuant to a conviction for a felony. At that time by virtue of the sentence all civil rights of the petitioner were suspended (Penal Law, § 510). This includes his right of access to the courts to present a claim (Green v. State of New York, 278 N. Y. 15). Concur—Hotein, P. J., McNally, Eager, Steuer and Staley, JJ.