McREYNOLDS v. GIULIANI


238 A.D.2d 249 (1997)

656 N.Y.S.2d 871

Wilbur McReynolds, Appellant, v. Rudolph W. Giuliani, as Mayor of New York City, et al., Respondents. The People of the State of New York ex rel. Darrick Sean McReynolds. Wilbur McReynolds, Appellant, v. Director of Brooklyn Developmental Center, Respondent. Wilbur McReynolds, Appellant, v. State of New York, Respondent. Wilbur McReynolds, on Behalf of Darius I. McReynolds, Appellant, v. State of New York et al., Respondents

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

April 22, 1997


Since appellant's guardianship of two of his sons had been revoked and the third son was in the custody of the Child Welfare Administration pursuant to an order of the Family Court, he lacked capacity to bring the instant claims on their behalf. Although the Court of Claims does have jurisdiction over constitutional tort claims (Brown v State of New York, 89 N.Y.2d 172), the claimed violation of religious freedom is not viable under...

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