Justice Edward Spain
Moulton appealed from a Court of Claims order which granted New York State’s motion to dismiss the claims for false imprisonment, among others. Claimant was sentenced to prison for robbery, but the sentencing court did not impose the mandatory five year post release supervision (PRS), which was administratively added by the then-Department of Correctional Services (DOCS). He was arrested and re-incarcerated for violating the terms of the PRS and was still in custody when the Court of Appeals issued Matter of Garner v. New York State Dept. of Correctional Servs., ruling only a sentencing court had authority to impose PRS, and DOCS acted in excess of its jurisdiction when it administratively imposed a period of PRS. After a parole revocation hearing, claimant’s parole was revoked despite claims raised that the PRS was a nullity under Garner. The unanimous panel ruled the Court of Claims erred in dismissing Moulton’s false imprisonment claim as his parole violation prosecution and confinement after Garner were not privileged. It concluded Moulton showed entitlement to summary judgment on his false imprisonment claim. The panel also found claimant stated a cause of action for malicious prosecution, but questions of fact precluded summary judgment.
