Matter of Mazur Bros. Realty, LLC v. State of New York

In a special proceeding for the distribution of money pursuant to EDPL 304 (E) (1) and Court of Claims Act § 23, the petitioner appeals from an order of the Court of Claims (Ruder-man, J.), dated November 13, 2013, which dismissed the petition for lack of subject matter jurisdiction.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Court of Claims for further proceedings on the petition in accordance herewith.

The petitioner seeks to recover certain money allegedly owed from New York State’s appropriation and extended use…