Gurley v. State

OPINION OF THE COURT

Louis C. Benza, J.

The State seeks an order pursuant to CPLR 3212 dismissing the claim on the ground that the claim was improperly served upon the Attorney-General. Claimant cross-moves, in the event the court grants the State’s motion, for an order permitting claimant to serve and file a late claim pursuant to Court of Claims Act § 10 (6), or, in the alternative, for an order permitting recommencement of this action pursuant to CPLR 205 (a); 304, 306-b (b) and 311.

The claim alleges a cause of action, pursuant to Court of Claims Act § 8-b, for unjust conviction and…