DuBOIS v. STATE OF NEW YORK

111497

25 Misc.3d 1137 (2009)

887 N.Y.S.2d 448

DONALD DuBOIS, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111497.)

Court of Claims.

September 9, 2009.


Attorney(s) appearing for the Case

Donald DuBois, claimant pro se.

Andrew M. Cuomo, Attorney General (William D. Lonergan of counsel), for defendant.


OPINION OF THE COURT

PHILIP J. PATTI, J.

The motion is granted in part and denied in part.

Claimant's motion seeks summary judgment and to strike the answer. Claim No. 111497 was filed on October 13, 2005 alleging wrongful confinement in two discrete incidents by the defendant at Wende Correctional Facility.

To the extent that the claim can be read as alleging constitutional torts, the Court of Claims does not have jurisdiction over federal...

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