CALLAN v. STATE


163 A.D.2d 858 (1990)

Thomas D. Callan, Appellant, v. State of New York, Respondent. (Claim No. 68612.)

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

July 13, 1990


Order unanimously affirmed without costs.

Memorandum:

The Court of Claims did not abuse its discretion in denying claimant's application, made after an appeal from the final judgment, to amend the decision and judgment. The court, after trial, found that there was probable cause for claimant's arrest for possession of marihuana, but that the prosecution was continued thereafter without probable cause, and the court made an award of damages for malicious prosecution...

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