The following papers numbered 1-3 were read and considered by the Court on the State’s motion to dismiss: Notice of Motion, Attorney’s Supporting Affirmation and Exhibits 1 Attorney’s Affirmation in Opposition and Exhibits 2 Attorney’s Reply Affirmation 3 Filed Papers: Claim DECISION AND ORDER This claim is brought by Juana Matute (hereinafter claimant), as the administrator of the estate of her son, Eriberto Bisono. The claim alleges that on January 24, 2021, during Bisono’s incarceration at Downstate Correctional Facility, he was allegedly publicly called a snitch by a correction officer and then assaulted by several correction officers who denied him medical treatment. Bisono was subsequently transferred to Sing Sing Correctional Facility, where on May 31, 2021, he was found hanging in his cell with his wrists slashed. It is alleged that other incarcerated individuals heard Bisono screaming for an extended period of time before Bisono was discovered hanging in his cell. Bisono was transported to Montefiore Medical Center, where he subsequently died on July 26, 2021. The claim was filed with the Court on July 12, 2023 and personally served upon the office of the attorney general on July 14, 2023 (Attorney’s Affirmation in Opposition, 5; Attorney’s Supporting Affirmation, Ex. A). The State brings this pre-answer motion to dismiss the claim on numerous grounds, including that claimant lacked standing on July 14, 2023 to commence an action as the administrator of the estate. The Court will address this issue first as it is dispositive of the State’s motion to dismiss. The Surrogate’s Court Order of January 12, 2023 granted claimant Temporary Letters of Administration for “the sole purpose of commencing and prosecuting a cause of action on behalf of the estate” (Claim, Ex. A). The Surrogate’s Court Order also expressly provides that the Temporary Letters of Administration “are valid for six months from the date of this order [January 12, 2023] and that the jurisdiction over all interested parties shall be obtained within six months from the date of this order” (id.). The State argues that under the express terms of the Surrogate’s Court Order granting claimant Temporary Letters of Administration on January 12, 2023, claimant’s authority, as the Temporary Administrator of the estate, to obtain jurisdiction over the State and to commence an action against the State, lapsed on July 12, 2023, six months from the date of the order (Claim, Ex. A). Therefore, the State maintains that on July 14, 2023, claimant did not have standing, as the Temporary Administrator of the estate, to obtain jurisdiction over the State and to commence an action against the State by service of the claim upon the office of the attorney general. In opposition to the State’s arguments, claimant argues that she has “continually been the administrator since her initial appointment” by the Surrogate’s Court Order of January 12, 2023 granting her Temporary Letters of Administration and that her authority as the administrator of the estate never lapsed (Attorney’s Affirmation in Opposition,
