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RIVERS v. STATE OF NEW YORK

130 Misc.2d 544 (1985)

John D. Rivers, Claimant, v. State of New York, Defendant. (Claim No. 71245.)

Court of Claims.

November 13, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph W. Di Palma of counsel), for defendant. Luster, Salk & Henry (Martin A. Luster of counsel), for claimant.

THOMAS J. LOWERY, JR., J.

The State seeks an order dismissing the claim on the grounds that it fails to state a cause of action (CPLR 3211 [a] [7]) and that sufficient facts have not been pleaded to permit the court to find that there exists a likelihood of success in the event the claim is progressed to trial. (Court of Claims Act § 8-b [4].)

The claim is filed pursuant to the Unjust Conviction and Imprisonment Act of 1984 (L 1984, ch 1009...

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