| Carollo v State of New York |
| 2010 NY Slip Op 05851 [75 AD3d 736] |
| July 1, 2010 |
| Appellate Division, Third Department |
| Robert Carollo, Appellant, v State of New York,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), forrespondent.
Lahtinen, J. Appeal from an order of the Court of Claims (Collins, J.), entered September 17,2009, which, among other things, granted defendant's cross motion for summary judgmentdismissing the claim.
Claimant alleges wrongful confinement and negligence arising from his incarceration afterhe violated conditions of his postrelease supervision (hereinafter PRS). The sentencing court didnot address mandatory PRS when sentencing claimant in 2000, as a second felony offender, forburglary in the second degree. The Department of Correctional Services added the statutorilyrequired period of PRS, which claimant violated resulting in his further incarceration. In 2008,the Court of Appeals held that the Department of Correctional Services was not permitted to addPRS when the sentencing court had not addressed the issue (see Matter of Garner v New York State Dept. of Correctional Servs., 10NY3d 358, 362 [2008]; see alsoPeople v Sparber, 10 NY3d 457, 469-471 [2008]). Claimant subsequently commencedthis claim, which the Court of Claims dismissed upon defendant's motion for summary judgment.Claimant appeals and we affirm for the reasons set forth in our decision in Nazario v State ofNew York (75 AD3d 715 [2010] [decided herewith]; see Donald v State of New York, 73 AD3d 1465, 1466-1467[2010]; Collins v State of NewYork, 69 AD3d 46, 51-53 [2009]).[*2]
Spain, J.P., Stein, McCarthy and Garry, JJ., concur.Ordered that the order is affirmed, without costs.