| Eanes v State of New York |
| 2010 NY Slip Op 07853 [78 AD3d 1297] |
| November 4, 2010 |
| Appellate Division, Third Department |
| Shakira Eanes, Appellant, v State of New York,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), forrespondent.
McCarthy, J. Appeal from an order of the Court of Claims (Collins, J.), entered June 22, 2009,which, among other things, granted defendant's cross motion for summary judgment dismissing theclaim.
Claimant alleges, among other things, false imprisonment and negligence arising from the impositionof postrelease supervision by the Department of Correctional Services, rather than by the sentencingcourt, and her subsequent incarceration for violating the terms of her release. Recent decisions haveheld that the Department's acts in confining individuals similar to claimant, "although in excess of itsjurisdiction, are privileged" (Nazario v Stateof New York, 75 AD3d 715, 718 [2010], lv denied 15 NY3d 712, [2010]; see Carollo v State of New York, 75 AD3d736, 737 [2010], lv denied 15 NY3d 711, [2010]; Donald v State of New York, 73 AD3d 1465, 1467 [2010], lvdenied 77 AD3d 1458, [2010]; Collins vState of New York, 69 AD3d 46, 52-53 [2009]; see also Scott v Fischer, 616 F3d100, 107-108 [2d Cir 2010]). Based on those decisions, we affirm the order of the Court of Claimsgranting defendant's motion for summary judgment dismissing the claim.
Spain, J.P., Rose, Kavanagh and Egan Jr., JJ., concur. Ordered that the order is affirmed, withoutcosts.