PINNACLE BUS SERVICE, INC. v. STATE


19 Misc.3d 998 (2008)

856 N.Y.S.2d 835

PINNACLE BUS SERVICE, INC., Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111212.)

Court of Claims.

March 7, 2008.


Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General (Saul Aronson of counsel), for defendant.

Cushner & Garvey, L.L.P. (Lawrence A. Garvey of counsel), for claimant.


OPINION OF THE COURT

FRANK P. MILANO, J.

Defendant moves to dismiss the claim on the ground that the court lacks subject matter jurisdiction.

In particular, defendant argues that adjudication of the claim would necessarily require review of an administrative determination of a state agency which is only permissible in a CPLR article 78 proceeding brought in Supreme Court. Claimant Pinnacle Bus Service, Inc. opposes the motion, asserting that the...

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