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KEELE v. BANKING DEPT

91 Misc.2d 1050 (1977)

Christopher Keele et al., Claimants, v. State of New York Banking Department et al., Defendants. (Claim No. 61048.)

Court of Claims.

November 9, 1977

Attorney(s) appearing for the Case

Christopher Keele, claimant pro se. Louis J. Lefkowitz, Attorney-General (Raymond LaScala of counsel), for defendants.

EDWARD J. AMANN, JR., J.

In the present motion, the State seeks to have the claim dismissed pursuant to sections 8, 9 and 10 of the Court of Claims Act and CPLR 3211 (subd [a], pars 2, 5, 7, 8). The State alleges that the claim was neither timely filed nor states a cause of action.

The claimants allege that the claim was timely because it was "transferred in April (from the Supreme Court) without lapse...

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