BROWN v. STATE OF NY


9 A.D.3d 23 (2004)

776 N.Y.S.2d 643

RICKY BROWN et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. STATE OF NEW YORK, Appellant. (Claim No. 86979.)

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

May 13, 2004.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Denise A. Hartman of counsel), for appellant.

Whiteman, Osterman & Hanna L.L.P., Albany (Joseph D. Stinson of counsel), for respondents.

CARDONA, P.J., MERCURE, PETERS and CARPINELLO, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

The genesis of this most recent appeal by defendant from the Court of Claims' denial of numerous pretrial motions was a September 1992 attack and burglary attempt at a home in Otsego County in the vicinity of the State University of New York, College at Oneonta, described in detail in previous appellate decisions (89 N.Y.2d 172 [1996], modfg 221 A.D.2d 681

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