Simmons v. State

OPINION OF THE COURT

Philip J. Patti, J.

The motion is denied, and the cross motion is granted.

Leroy Simmons, Jr., filed this claim on February 9, 2007 seeking $2,000,000 in damages for his alleged wrongful conviction and imprisonment (Court of Claims Act § 8-b), a claim he alleges accrued on July 7, 2006. In lieu of an answer, the defendant seeks dismissal of the claim on various grounds. Claimant rejoins, opposing the motion, and making a cross motion seeking permission to amend his claim.

The underlying event leading to the criminal conviction herein occurred on June 19, 2001 when claimant…