Browne v. State

OPINION OF THE COURT

James H. Ferreira, J.

The court finds in the first instance that it must vacate its September 20, 2006 daily report to the extent that the order imposes a temporal restriction on defendant’s ability to move the court for an order dismissing the claim for lack of subject matter jurisdiction. It is well settled that the “substantive conditions upon the State’s waiver of sovereign immunity” found within Court of Claims Act § 11 (b) are concerned with the court’s subject matter jurisdiction (Lepkowski v State of New York, 1 NY3d 201, 207 [2003]). The law is clear — “[a] lack of…