Opinion
# 2013-010-022 Claim No. 122205 Motion No. M-83197
05-23-2013
KEVIN WILLIAMS v. THE STATE OF NEW YORK
Synopsis
Motion to dismiss granted. Inmate not transported to funeral services for father.
Case information
UID: 2013-010-022 Claimant(s): KEVIN WILLIAMS Claimant short name: WILLIAMS Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 122205 Motion number(s): M-83197 Cross-motion number(s): Judge: Terry Jane Ruderman KEVIN WILLIAMS Claimant's attorney: Pro Se HON. ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General for the State of New York By: Terrance K. DeRosa, Assistant Attorney General Third-party defendant's attorney: Signature date: May 23, 2013 City: White Plains Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
The following papers numbered 1-2 were read and considered by the Court on defendant's motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits, Memorandum of Law............................................................................1
Claimant's "Affirmation" in Opposition.....................................................................2
Claim No. 122205 alleges that on November 24, 2012, claimant, who was incarcerated at Sing Sing Correctional Facility, had been approved to attend his father's wake; however claimant was never transported by the facility to his father's service. Claimant seeks money damages to compensate for the mental anguish he suffered due to defendant's failure to transport him to the service. Defendant moves to dismiss the claim.
Leave granted to an inmate to attend such services as a wake or a funeral is "a privilege and not a right" (see Rivera v State of New York, 169 AD2d 885, 886 [3d Dept 1991]); therefore the denial of such leave does not form a basis for a claim against the state (id. at 886). It has also been held that a facility's failure to comply with its own regulations to facilitate the inmate's attendance at the service does not create a cause of action for money damages and a claim for negligent infliction of emotional distress is not recognized under New York law (see Hughes v State of New York, UID No. 2012-049-053 [Ct Cl, Weinstein, J., Oct. 12, 2012]; Cunningham v State of New York, UID No. 2007-030-008 [Ct Cl, Scuccimarra, J., Mar. 14, 2007]; Lanier v State of New York, UID No. 2006-028-001 [Ct Cl, Sise, J., Jan. 11, 2006]).
Accordingly, defendant's motion to dismiss is GRANTED.
May 23, 2013
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims