Alston v. State of New York

OPINION OF THE COURT

Levine, J.

Claimant Benjamin Alston and 102 similarly situated parole officers appeal from an Appellate Division order affirming the dismissal of their claims against the State for purported violations of the Fair Labor Standards Act of 1938 (29 USC § 201 et seq. [FLSA]). The dismissal was predicated on the claimants’ failure to file their claims within six months after accrual (see, Court of Claims Act § 10 [4]). The issue before us is whether, under the terms of the waiver of sovereign immunity found in Court of Claims Act § 8, the State retained its immunity as to these…