N.Y. C.P.L.R. § 208-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 208-A In custody at time of cause of action § 208-a. In custody at time of cause of action. Notwithstanding anyprovisions of law that impose a period of limitation to the contrary orany provisions of any other law pertaining to the filing of a notice ofclaim or a notice of intention to file a claim as a condition precedentto commencement of an action or special proceeding, with respect to allcivil claims or causes of action brought by any person to recoverdamages for physical, psychological, or other injury or conditionsuffered while under the jurisdiction and in the care and custody orsupervision of: the state department of corrections and communitysupervision, except a person under community supervision as defined insubdivision thirty-one of section two of the correction law, a hospitalas defined in subdivision two of section four hundred of the correctionlaw, a correctional facility as defined in subdivision three of sectionforty of the correction law, a local correctional facility as defined insubdivision two of section forty of the correction law, or an alternatecorrectional facility as defined in subdivision one of sectioneighty-seven of the correction law, the time in which such action mustcommence shall have the full benefit of the limitations period providedin the relevant section of law and, in addition, shall have a two-yearwindow following the date of the person's release from the relevantperiod of custody within which to commence an action based on suchinjury or condition. For any claim that would have been time-barred butfor the application of this section, no notice of claim or notice ofintention to file a claim shall be required as a condition precedent tothe commencement of such action or special proceeding. This exemptionshall not apply to no notice of claim or notice ofintention to file a claim shall be required as a condition precedent tothe commencement of such action or special proceeding. This exemptionshall not apply to any claim that was timely under the otherwiseapplicable statute of limitations.