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MINDLEY v. STATE OF NEW YORK

Index No. 135007. Appeal No. 15578. Case No. 2021-02370.

203 A.D.3d 609 (2022)

162 N.Y.S.3d 730

2022 NY Slip Op 02069

Marlon Mindley, Appellant, v. State of New York, Respondent.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Keogh Crispi, P.C., New York (Pat James Crispi of counsel), for appellant.

Cullen and Dykman LLP, New York (Danielle B. Hoffmann of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.

Suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, thus the statutory requirements for bringing such a suit must be strictly construed (see Dreger v New York State Thruway Auth., 81 N.Y.2d 721, 724 [1992]; Long v State of New York, 7 N.Y.3d 269, 276 [2006]). In order to timely commence an action, a claimant must meet...

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