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3554. JOSE CRUZ, plf-ap, v. CITY OF NEW YORK def-res — Law Office of K.C. Okoli, P.C., New York (K.C. Okoli of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered August 17, 2015, which, insofar as appealed from as limited by the briefs, granted the branch of defendant City of New York’s motion that sought dismissal of plaintiff’s 42 USC §1983 cause of action, and denied plaintiff’s request for a default judgment, unanimously affirmed, without costs.

The three-year limitations period on a section 1983 claim based on false arrest begins to run “when the alleged false imprisonment ends” — that is, when the arrestee becomes subject to the legal process such as being “bound over by a magistrate or arraigned on charges” (Wallace v. Kato, 549 US 384, 389 [2007]). Here, because plaintiff was arraigned on July 16, 2011, the limitations period on his section 1983 claim based on false arrest ended on July 16, 2014, approximately three months before plaintiff filed this action. Accordingly, the claim is time-barred.

 
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