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ALBRIGHT v. STATE OF NEW YORK

116624.

32 Misc.3d 855 (2011)

927 N.Y.S.2d 742

2011 NY Slip Op 21251

KENNETH ALBRIGHT, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 116624.)

Court of Claims.

Decided May 31, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( Janet L. Polstein of counsel), for defendant.

Falk & Klebanoff, P.C. ( Jeffrey P. Falk of counsel), for claimant.

OPINION OF THE COURT

ALAN C. MARIN, J.

The defendant State of New York moves to dismiss Kenneth Albright's claim brought for unjust conviction and imprisonment (Court of Claims Act § 8-b) and for violations of his federal and state constitutional rights. The defendant argues that the claim fails to comply with the pleading requirements of subdivisions (3) and (4) of Court of Claims Act § 8-b, and fails to state a constitutional cause of action...

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