Legal Opinion

Albright v. State

New York Court of Claims

Decided May 31, 2011No. Claim No. 116624PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Alan C. Marin, J.

The defendant State of New York moves to dismiss Kenneth Albright’s claim brought for unjust conviction and imprisonment (Court of Claims Act § 8-b) and for violations of his federal and state constitutional rights. The defendant argues that the claim fails to comply with the pleading requirements of subdivisions (3) and (4) of Court of Claims Act § 8-b, and fails to state a constitutional cause of action. Mr. Albright cross-moves to *857amend his claim to annex the following documents: the transcript from his criminal trial, the First Department’s decision…

2Cases cited7 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. Martinez v. City of SchenectadyNew York Court of Appeals · 2001
  3. Warney v. StateNew York Court of Appeals · 2011
  4. Waxter v. StateAppellate Division of the Supreme Court of the State of New York · 2006
  5. Harris v. StateAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by1 opinion

  1. Boggs v. StateNew York Court of Claims · 2015

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