Burns v. City of New York

Appellate Division of the Supreme Court of New York

Burns v. City of New York

21 A.D.2d 767, 250 N.Y.S.2d 680, 1964 N.Y. App. Div. LEXIS 3508

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 1964

StatusPublished

Cited by2 cases

This text of 21 A.D.2d 767 (Burns v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. City of New York, 21 A.D.2d 767, 250 N.Y.S.2d 680, 1964 N.Y. App. Div. LEXIS 3508 (N.Y. Ct. App. 1964).

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Opinion

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.

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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.

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Bluebook (online)

21 A.D.2d 767, 250 N.Y.S.2d 680, 1964 N.Y. App. Div. LEXIS 3508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-city-of-new-york-nyappdiv-1964.

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