SIMMONS v. STATE


17 Misc.3d 394 (2007)

843 N.Y.S.2d 794

LEROY SIMMONS, JR., Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 113313.)

Court of Claims.

July 23, 2007.


Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Thomas G. Ramsay of counsel), for defendant.

Croucher, Jones & Johns (David A. Johns of counsel), for claimant.


OPINION OF THE COURT

PHILIP J. PATTI, J.

The motion is denied, and the cross motion is granted.

Leroy Simmons, Jr., filed this claim on February 9, 2007 seeking $2,000,000 in damages for his alleged wrongful conviction and imprisonment (Court of Claims Act § 8-b), a claim he alleges accrued on July 7, 2006. In lieu of an answer, the defendant seeks dismissal of the claim on various grounds. Claimant rejoins, opposing the motion, and making a...

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