Phillips v. State

*446OPINION OF THE COURT

Jeremiah J. Moriarty, J.

The State moves, pursuant to section 8 of the Court of Claims Act, and CPLR 3211 (subd [a], pars 2, 7) for an order dismissing this claim on the ground that the court lacks jurisdiction over the subject matter of the cause of action, and because the claim does not state a valid cause of action. The papers before the court on this motion are:(1) notice of motion, with supporting affirmation of George M. Levy, Assistant Attorney-General, and exhibits annexed,(2) affirmation of Stephen F. Guthmann, Esq., in opposition,(3) copy of notice of intention to…