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ALSTON v. STATE OF NEW YORK

97 N.Y.2d 159 (2001)

762 N.E.2d 923

737 N.Y.S.2d 45

BENJAMIN ALSTON et al., Appellants, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided December 13, 2001.

Attorney(s) appearing for the Case

Lisa M. King, Albany, and William P. Seamon for appellants.

Eliot Spitzer, Attorney General, New York City (Caitlin J. Halligan, Daniel Smirlock and Michael S. Buskus of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Claimant Benjamin Alston and 102 similarly situated parole officers appeal from an Appellate Division order affirming the dismissal of their claims against the State for purported violations of the Fair Labor Standards Act of 1938 (29 USC § 201 et seq. [FLSA]). The dismissal was predicated on the claimants' failure to file their claims within six months after accrual (see, Court of Claims Act § 10 ...

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