Stewart v. State

In a claim to recover damages under Court of Claims Act § 8-b for unjust conviction and imprisonment, the defendant the State of New York appeals from an order of the Court of Claims (Rossetti, J.), dated September 24, 1985, which, inter alia, denied its motion to dismiss the claim under CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the claim is dismissed.

By judgment of the Supreme Court, Queens County (Ferraro, J.), rendered June 25, 1979, the claimant Ronald Stewart was…