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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Court of Claims: Torres v. State of New York

Fourth Department — Court of Claims: Torres v. State of New York

Appellate Division, Fourth Department 

Court of Claims

Notice of Intention — Accrual

Torres v. State of New York
CA 11-02472
Appealed from Court of Claims

Background: The claimant appealed from an order that granted the defendant’s motion to dismiss the claim on the ground that the claimant failed to comply with section 10 (3) of the Court of Claims Act. The claimant argued that the claim did not accrue until after he completed the grievance process with the Department of Corrections.

Ruling: The Appellate Division affirmed. The claimant was required to file a notice of intention to file a claim within 90 days of the accrual of the claim.

Armando Torres, pro se; Kathleen M. Arnold of the New York State Office of the Attorney General for the defendant-respondent