Marcos Alcaraz Family Files $50 Million Notice of Intention Against New York Over Eastern Correctional Facility Cell Fire Death

The family of Marcos Alcaraz, a 35-year-old man who died in a cell fire at Eastern Correctional Facility in Ulster County, New York, has filed a $50 million notice of intention to sue the State of New York. His sister, Francheska Alcaraz, filed it on September 28, 2026, through the civil rights firm Beldock Levine & Hoffman LLP.

A notice of intention is not a lawsuit. It is a preliminary filing that New York law requires before many claims against the state can move forward in the Court of Claims. No claim has been filed yet, and the state has not responded in court. The notice contains allegations that have not been tested or proven.

The New York State Attorney General’s Office is investigating. A spokesperson for the state prison system has declined to comment because of that investigation.

Marcos Alcaraz Notice of Intention Quick Facts

Detail	Information
Filer	Francheska Alcaraz, sister of Marcos Alcaraz
Respondent	State of New York (Department of Corrections and Community Supervision, DOCCS)
Filing	Notice of Intention to File a Claim, New York Court of Claims
Filed	September 28, 2026
Amount sought	$50,000,000
Family’s law firm	Beldock Levine & Hoffman LLP
Facility	Eastern Correctional Facility, Ulster County, NY (Napanoch)
Date of fire	July 18, 2026, about 1:40 a.m., per State Police
Status	Notice filed; no claim filed; investigations ongoing
Class action	No. No settlement fund or claim form exists

What Happened at Eastern Correctional Facility on July 18, 2026?

According to a State Police statement, a fire occurred in a cell at Eastern Correctional Facility at about 1:40 a.m. on July 18, 2026. Staff put out the fire and found Marcos Alcaraz inside. He was taken to Ellenville Regional Hospital and pronounced dead.

The State Police Bureau of Criminal Investigation, the DOCCS Office of Special Investigations, the Ulster County Medical Examiner’s Office and the state Office of Fire Prevention and Control are investigating. The Attorney General’s Office also responded. DOCCS records show Alcaraz had been incarcerated since January 2014 on a first-degree manslaughter conviction.

As of the most recent reporting I found, officials had not publicly said what caused the fire.

What Does the Alcaraz Notice of Intention Allege?

As reported by The Free Lance News, the notice alleges that the State and its employees:

• Failed to properly put out the fire and knew or should have known Mr. Alcaraz was burning but did not provide timely or adequate aid;
• Unreasonably delayed medical care, which the notice says caused his death;
• Failed to conduct required rounds (patrols) properly;
• Did not provide clothing, bedding and cell furnishings that were not prone to catching fire;
• Failed to maintain adequate fire control devices or fire alarms at the facility; and
• Failed to monitor or install video monitoring equipment that would alert staff to dangerous conditions.

Francheska Alcaraz told the outlet that she learned of her brother’s death from social media posts by relatives of other incarcerated people, and that she was told he was sick and at a hospital. She also said witnesses told her officers thought he was someone with mental health problems seeking attention. These are her accounts of what others told her. The family is asking for an independent investigation into the officers’ response, the fire safety equipment, and why he was not rescued.

What Did the Medical Examiner Conclude, and Why Does the Family Dispute It?

According to a summary of the autopsy report released by the family’s lawyers, Ulster County Medical Examiner Dr. Margaret M. Prial found Alcaraz died of smoke inhalation and thermal burns, with third-degree burns over his body. The summary states the examiner concluded that he set his mattress on fire himself.

The family disputes that conclusion. Ms. Alcaraz says State Police have not finished investigating, that no one from the medical examiner’s office spoke with her before the finding, and that her brother had plans for his future. The State Police investigation and the Attorney General’s review are still open, so the cause and manner of the fire remain contested.

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What Is a Notice of Intention in the New York Court of Claims?

The State of New York can be sued for money damages only in the Court of Claims, and only by following the Court of Claims Act. For many claims, a person must file either a claim or a notice of intention within strict time limits. A notice of intention gives the state early warning of what happened and roughly how much is sought. It does not start a case by itself.

After the notice, the family’s lawyers would need to file an actual claim in the Court of Claims within the time the law allows. Wrongful death claims in New York generally carry a two-year limit measured from the date of death, but deadlines depend on the type of claim, and anyone with a possible claim should talk to an attorney promptly rather than rely on this summary.

What Happens Next in the Alcaraz Case?

• Investigations: The State Police and Attorney General reviews are still open.
• Possible claim: The family may file a formal claim in the Court of Claims. No date has been announced.
• Possible state response: If a claim is filed, the state would respond in court. Nothing has been filed yet.
• No fixed timetable. Cases like this often take a long time, and any settlement or judgment is a separate question that nobody can predict.

The $50 million figure is the amount the family demands in the notice. It is not an award, a settlement or an estimate of what a court would decide.

Is There a Claim Form or Class Action for Eastern Correctional Facility?

No. This is one family’s individual claim. There is no class action, settlement fund or claim form connected to it. Other people held at Eastern, or their families, would have to bring their own claims, and each has its own deadlines.

Related coverage: ADD EXACT-TITLE LINK: your related New York prison or in-custody death article.

Alcaraz Notice of Intention FAQ

Did the Alcaraz family sue New York State?

Not yet. They filed a notice of intention, which is a required preliminary step. A formal claim has not been filed.

How much is the family seeking?

$50 million, as stated in the notice. It is a demand, not an award.

What does the notice allege?

That prison staff failed to put out the fire and get aid to Alcaraz in time, and that the facility lacked adequate fire alarms, fire control devices, fire-resistant furnishings, proper patrols and video monitoring.

What caused the fire?

Officials have not publicly said. The State Police and the Attorney General are investigating.

What did the medical examiner find?

According to a summary released by the family’s lawyers, the cause of death was smoke inhalation and thermal burns, and the examiner concluded he set the fire himself. The family disputes this.

Has the state responded to the allegations?

A state prison spokesperson has declined to comment because of the Attorney General’s investigation.

Can other people at Eastern Correctional Facility join?

No. It is an individual claim with no class or claim form.

Where was Marcos Alcaraz from?

The Bronx, New York.

Sources

1. New York State Police, “State Police Investigates Eastern Correctional Facility Death”, July 2026.
2. The Free Lance News, “Sister of Man Burned Alive in Prison Cell to Sue New York State for $50 Million”, September 28, 2026.
3. Daily Freeman via Corrections1, “Inmate dies following cell fire at N.Y. prison”, July 2026, for DOCCS sentence details.
4. New York Court of Claims Act § 10.

AllAboutLawyer.com is a legal information website, not a law firm. This article is for general information only and is not legal advice. A notice of intention contains allegations only. Nothing here is a finding of fact or liability.

By Israr Ahmad, Legal Content Researcher