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NUERNBERGER v. STATE OF N.Y.

41 N.Y.2d 111 (1976)

Robert Nuernberger, Respondent, v. State of New York, Appellant. (Claim No. 51615.)

Court of Appeals of the State of New York.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley and Ruth Kessler Toch of counsel), Albany, for appellant.

Irving Fudeman, Buffalo, for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge GABRIELLI taking no part.

Chief Judge BREITEL.

Claimant, once convicted and imprisoned for assault arising from alleged incest with his 11-year-old daughter, sues the State for damages for wrongful imprisonment. He claims not innocence, but that he is entitled to damages because the County Court, which tried him, lacked "jurisdiction" to prosecute the assault unless the Family Court had first considered and transferred the matter to the...

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