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LUBLIN v. STATE OF NEW YORK

135 Misc.2d 419 (1987)

Allen Lublin, Claimant, v. State of New York, Defendant. (Claim No. 72969.)

Court of Claims.

April 16, 1987

Attorney(s) appearing for the Case

Andres J. Valdespino for claimant. Robert Abrams, Attorney-General (William P. Kleen of counsel), for defendant.

GERARD M. WEISBERG, J.

The question of whether the State of New York may be held liable in damages for the improper release of prisoners on parole has recently been resolved by the Court of Appeals. (Tarter v State of New York, 68 N.Y.2d 511.) We are now confronted with the reverse, namely, whether a cause of action for false imprisonment will lie in the Court of Claims for improper revocation of parole.

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