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SMITH v. STATE

55 A.D.3d 430 (2008)

866 N.Y.S.2d 70

SHAMEL SMITH, Respondent, v. STATE OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 2008.

Claimant sufficiently met the statutory pleading requirements of Court of Claims Act § 8-b (3) by appending to his verified claim the decision of this Court (People v Smith, 306 A.D.2d 225 [2003]) regarding the underlying criminal prosecution (see Lanza v State of New York, 130 A.D.2d 872, 873 [1987]). Furthermore, the allegations in the claim coupled with this Court's decision vacating...

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