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R.F. v. The State of New York

Subsequent Appellate Court Decisions Afford Claim to Be Timey in Child Sexual Abuse Case

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Papers Considered: Notice of Motion to Renew, Affirmation & Exhibits Annexed 1-9 Affirmation in Opposition 10 Reply Affirmation in Further Support 11 DECISION AND ORDER Upon the foregoing papers and for the following reasons, the Motion by Claimant R.F. (hereinafter “claimant”), for leave to renew his opposition to a prior Motion to Dismiss filed by Defendant State of New York (hereinafter “State”), is granted and, upon renewal, the State’s Motion to Dismiss is hereby denied as provided hereinbelow. On October 9, 2020, by personal injury Claim brought pursuant to the Child Victims Act (“CVA”), embodied in CPLR 214-g, the claimant alleges that in or about 1979 through 1981, he was sexually assaulted by one Jim McArdle, an employee at Sagamore Children’s Psychiatric Center, a State-run mental health and educational facility for children located in Suffolk County, New York (see Claim at 3, 5,

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