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Delgado v. State of New York

Balance Test Weighed in Favor of Movant, Late Claim Deemed Timely

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DECISION AND ORDER Jimmy Delgado filed a motion for permission to file a late claim on July 7, 2023. The proposed claim alleges that while incarcerated at Sing Sing Correctional Facility he was wrongfully confined in “special housing” (SHU) for 180 days. The State opposes the motion arguing that Mr. Delgado has not established whether the delay in filing was excusable; that movant could commence a federal court action instead; and that the claim lacks merit. For the reasons set forth below, movant’s motion for permission to file a late claim is granted. Mr. Delgado’s proposed claim alleges that he was wrongfully confined for 1801 days in the SHU. On June 21, 2022, movant was issued a misbehavior report and two hearings followed. At both hearings, Mr. Delgado alleges, the hearing officer failed to interview certain witnesses, found him guilty, and assessed him a penalty of 180 days in the SHU. On January 5, 2023, the Director of Special Housing reversed the second disciplinary determination and Mr. Delgado was ordered released from confinement (proposed claim at 1-2,

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