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BAN v. STATE OF NY

187 Misc.2d 905 (2001)

725 N.Y.S.2d 807

TIBOR BAN, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 100664.)

Court of Claims.

March 14, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Mary B. Kavaney of counsel), for defendant.

Tibor Ban, claimant pro se.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

The State moves to dismiss this claim on the basis that claimant lacks standing to bring this action and the claim fails to state a cause of action.

Claimant, pro se, alleges that on February 4, 1999 he was an inmate incarcerated in a county facility and was classified as "State ready." As a result, he alleges that the State was required to transfer him to a correctional facility operated by New...

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