Nastasi v. State

• Decision Date: 20 October 1949
• Citation: 88 N.E.2d 658,300 N.Y. 473
• Parties: Joseph NASTASI, Appellant, v. STATE, Respondent.
• Court: New York Court of Appeals Court of Appeals

300 N.Y. 473

88 N.E.2d 658

Joseph NASTASI, Appellant,

v.STATE, Respondent.

Court of Appeals of New York.

Oct. 20, 1949.

Appeal from Supreme Court, Appellate Division, Third Department, 275 App.Div. 524, 90 N.Y.S.2d 377.

Proceeding by Joseph Nastasi against the State of New York on a claim for false arrest and imprisonment.

The claimant was originally convicted of robbery in 1929 and given a 5 to 10 year sentence. He was subsequently paroled, declared delinquent and returned to prison. While in prison, he was indicted by a federal grand jury and on November 26, 1934, was granted parole to meet the federal warrant, with instructions to again report when released from custody. Claimant pleaded guilty in the federal court and after serving a three months sentence returned to New York state on March 13, 1935, and reported to the parole authorities. On October 6, 1936, he was again declared delinquent and a warrant was issued for his arrest. It subsequently developed that he had gone to Illinois and in the following year had been again indicted for counterfeiting and served five years at Leavenworth. On April 18, 1941 he was released to the parole authorities and returned to prison. He secured his release by habeas corpus in July of 1943. The claimant contended that any sentence which had been imposed against him had expired prior to April 18, 1941, and that his arrest, imprisonment and detention from that date until he secured his release was unlawful.

A motion by the State of New York for an order dismissing claimant's notice of intention to file a claim and dismissing claimant's claim as filed on the ground of claimant's failure to secure permission of the Court of Claims to so file prior to the filing...