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BROWNE v. STATE

16 Misc.3d 902 (2007)

839 N.Y.S.2d 907

CARMELA BROWNE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 108262.)

Court of Claims.

May 31, 2007.

Attorney(s) appearing for the Case

Siben & Ferber (Edward C. Lehman of counsel), for claimant.

Andrew M. Cuomo, Attorney General (Mary Oleske and Ross N. Herman of counsel), for defendant.

OPINION OF THE COURT

JAMES H. FERREIRA, J.

The court finds in the first instance that it must vacate its September 20, 2006 daily report to the extent that the order imposes a temporal restriction on defendant's ability to move the court for an order dismissing the claim for lack of subject matter jurisdiction. It is well settled that the "substantive conditions upon the State's waiver of sovereign immunity" found within Court of Claims Act § 11 (b...

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