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MIKE v. STATE OF NY

11 Misc.3d 384 (2005)

808 N.Y.S.2d 537

JEFFEL MIKE, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 103441.)

Court of Claims.

October 21, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Carol A. Cocchiola of counsel), for defendant.

Rinaldi Law Office (Angelo J. Rinaldi of counsel), for claimant.

OPINION OF THE COURT

FERRIS D. LEBOUS, J.

The defendant State of New York moves for summary judgment on the ground this claim fails to state a cause of action by failing to comply with the statutory pleading requirements relative to unjust conviction claims. (Court of Claims Act § 8-b; CPLR 3212.) Claimant opposes the motion.

Background

1. Arrest

On October 11...

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