Legal Opinion

Fishbein v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1953No. Claim No. 31229PublishedCited by 19 opinions

1Opinion of the CourtFoster, P. J.

Appeal from a judgment of the Court of Claims dismissing a claim against the State upon the ground that it did not plead a valid cause of action against the State.

Substantially the following facts were alleged. On January 11, 1949, claimant pleaded guilty to the crime of abandonment and was sentenced by the County Court of Bronx County for a term of from one to two years in a State prison. The sentence was suspended and claimant was placed on probation for two years. By its terms the probationary period expired on January 11, 1951.

On August 30, 1951, after the probationary period had expired,…

2Cases cited6 opinions

  1. Douglas v. StateNew York Court of Appeals · 1946
  2. Douglas v. StateAppellate Division of the Supreme Court of the State of New York · 1945
  3. Paige v. State of New YorkNew York Court of Appeals · 1936
  4. People Ex Rel. Fallon v. . WrightNew York Court of Appeals · 1896
  5. People Ex Rel. Werner v. . PrendergastNew York Court of Appeals · 1912

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3Cited by19 opinions

  1. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  2. Ritter v. StateAppellate Division of the Supreme Court of the State of New York · 1954
  3. Casler v. StateAppellate Division of the Supreme Court of the State of New York · 1970
  4. Whitmore v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  5. Jordan v. StateNew York Court of Claims · 1968

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