LYLES v. STATE OF NY


194 Misc.2d 32 (2002)

752 N.Y.S.2d 523

ARTEMUS LYLES, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 105774.)

Court of Claims.

September 26, 2002.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Richard Lombardo of counsel), for defendant.

Arthur N. Eisenberg and Jeremiah S. Gutman for claimant.


OPINION OF THE COURT

TERRY JANE RUDERMAN, J.

Defendant brings the instant motion to dismiss claim No. 105774 on the basis of, inter alia, lack of jurisdiction. Specifically, defendant argues that the federal constitutional claims warrant dismissal because this court lacks subject matter jurisdiction over those claims and that the state constitutional claims warrant dismissal because a state constitutional claim should not be implied on the facts herein....

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