this started back in one nine hundred ninety four and it started out in the beginning as a simple if you read the record a simple domestic violence case at the time i was a dedicated and our bold new york city police officer married to the defendant  during this period there was mary no issues whatever that i as a new york city police officer ok understanding domestic violence then decided to unfortunately seek the help of others rather than work with me to resolve the situation unfortunately at the time this continued on and i now became a victim of very serious domestic violence as a man at the psychological examinations within the police department and working in harlem at the twenty six prison and i've been on many domestic violence cases so  error by determine that equitable tolling was inapplicable with respect to the defendant's affirmative defenses of exploration of the applicant's natural limitations yes i presented this case you're presenting this case into between one nine hundred ninety four and two thousand and thirteen if you understand the psychological dramatic effect of becoming a victim of this horrible horrible crime ok based upon my family my maternal family my family's history of mental illness that somehow they can be concluded that i had the same that was horrible and then as i s violations that was committed against me and i don't want to traumatize the court or anyone else in here that was horrible that was horrible prison this time obey ok are treated better than the way i was treated by these people this is horrible so as i stated to the court between one thousand nine hundred four and two thousand and thirteen and it was and reality from what happened to me and it started in the beginning when i was placed from that from an emergency room ok rights going against the city and in terms of his state law claims he doesn't he knew there pled nor argues that he pled that he complied with the notice of claim requirement that's a prerequisite for bringing a state law tort claims against the city  for these reasons because there is no adequate pleading and municipal liability and no argue that he satisfied such the dismissal of the complaint does to the city was proper and we had joined the argument as technical stoppel as well thank you thank you danley has not established his entitlement to that relief and also also address with respect to ms blitz steen the claim against her is essentially nine hundred eighty three conspiracy claim mr danley does not have a viable cause of action in that regard  mr ganley has not alleged any facts to suggest that he was so incapacitated such that he was unaware of his causes of actions or prevented in some extraordinary way from exercising his rights i mean if you look at his own pleadings you see that he started feeling better as he admits after therapy he admits that he was able to divorce his wife and obtain a protective order for years he's been a self employed member of the community he's now raising a family  d based on the pleadings should he have i would submit at the at the at least the late ninety's when he started these proceedings against his wife and i think it's pretty clear that he was able to protect his rights at that point   severe cases and there's no indication from the pleadings that mr danley was so and capacitated that he was on an able to protect his rights and less than a coma i'm just trying to understand your position well of course i mean if he was unable to speak if he was unable to understand what was going on i would admit that there are less severe circumstances but we have to look at what's alleged in the facts and the pleadings and here he states that he was able in the late ninety's to seek counsel he was trying to understand i and it's been pointed out he once he was discharged from st vincent's which was apparently the last institution where he was an inpatient fourteen years went by before this complaint was filed and there is nothing in his papers the medical attachments i do not establish the high standard that he would require to justify an morning quite astonished as to the allegations that are being made against me especially considering that mr lee is alleging that he filed for divorce from me he didn't mr i filed for divorce and was granted a divorce in one thousand nine hundred seven we had marital issues yes i was dealing with someone that was very difficult to deal with i want out of the way we tried to europe and came home to someone that just was not the person that i was married to and the ball began rolling when he took himself to white plains hospital and there his journey began i was excluded from whatever communications he was having with the high plains police department  why place a place to park in new york city police department the hospitals the only communications i had with work outlets team which was our marital therapist is now alleging that i conspired by having a conversation with rove and to us and i appreciate that that they seem extraordinarily relevant to you and and the fact you just as he was discussing those matters and judge pool reminded him that we were here to talk about the war powers of for tolling the only thing we're really interested in is was he in such a mental state he was incapable of seeking relief from the courts and should be excused for the period of time from one thousand nine hundred twenty three no i don't believe that he has the gentleman took himself in and out of hospitals admitted to himself to arms a quest trying to prove to everybody that he was mentally l that he i'm sorry that he was an alcoholic he started a business that he ran out of our home a cheese run for several years snowplowing not paying taxes of course and has since put a house up across the street from me and what she was able to engage in legal arguments with the what the person that he had acquired the land from and prevail and has has run businesses so yes i believe that the ban is is can't he's capable the unfortunate victim of having married the span having been physically assaulted emotionally assaulted and having having my character essentially defamed when in fact what he's alleging is what was done to me i filed for divorce from the man he would give me a divorce i spent two years trying to get a divorce he did not file for divorce i did i separated myself from this man and to be dragged through this is horrendous thank you coma if you go back to one nine hundred ninety four when i was downstairs and white plains hospital ready to call the police my wife and  that's well she's really not much if you really look at the state of altered altered state of mind altered state of mind in riyadh i was in a coma between one thousand nine hundred and two thousand and thirteen then he suddenly appeared i suddenly woke up retardation i was not mental i was given drugs and then when i complained about it i was given a chemical about a me i almost died and they said i was present there and that she is a material witness o