Legal Opinion
Alston v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2001No. Claim No. 97954PublishedCited by 2 opinions
1Opinion of the CourtCrew Iii, J.
Appeal from an order of the Court of Claims (Collins, J.), entered April 12, 2000, which granted the State’s motion to dismiss the claim for lack of subject matter jurisdiction.
In November 1991, claimant Benjamin Alston and 102 others similarly situated brought an action against the State in the United States District Court for the Northern District of New York pursuant to the Fair Labor Standards Act of 1938 (29 USC § 201 et seq. [hereinafter FLSA]) seeking to recover for overtime allegedly worked during 1989 and 1990. In 1997, the District Court granted the State’s motion to dismiss the…
2Cases cited5 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Alden v. MaineSupreme Court of the United States · 1999
- Ahern v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Bergmann v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Chapman v. StateAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- Welch v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Speers v. StateAppellate Division of the Supreme Court of the State of New York · 2001