IVEY v. STATE OF NEW YORK


138 A.D.2d 963 (1988)

J. L. Ivey, Jr., Respondent, v. State of New York, Respondent and Erie County District Attorney, Appellant. (Claim No. 70708.) (Appeal No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 4, 1988


Order unanimously affirmed without costs.

Memorandum:

The Court of Claims properly denied defendant's motion to dismiss the claim herein on the grounds that (1) claimant's conviction was not reversed on one of the limited grounds set forth in the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b) and (2) the claim does not comply with statutory pleading requirements. It is not necessary that claimant's conviction has been reversed on one...

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