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STEWART v. STATE OF NEW YORK

18 Misc.3d 236 (2007)

849 N.Y.S.2d 374

ANTHONY STEWART, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111220.)

Court of Claims.

September 24, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Michael C. Rizzo of counsel), for defendant.

DeLorenzo Law Firm, LLP (Paul E. DeLorenzo of counsel), for claimant.

OPINION OF THE COURT

JAMES H. FERREIRA, J.

Claimant commenced this suit against the State of New York after he was taken into custody and detained on two separate occasions due to an outstanding warrant for the nonpayment of a traffic fine. The claim was served upon the Attorney General of the State of New York on August 2, 2005 and subsequently filed with the Clerk of the Court on August 3, 2005. The claim provides, in relevant part, that

"[b]y...

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