Breece v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The threshold question is whether the papers submitted by the defendant in support of this motion for dismissal are so inherently defective as to preclude the relief sought.

The State has moved for dismissal pursuant to CPLR 3211 (subd [a], pars 2, 7) and subdivision 3 of section 10 of the Court of Claims Act. The papers consist of a notice of motion, affirmation and exhibits. The affirmation is by one, who, at the time of its execution was a “law apprentice” in the employ of the Attorney-General of the State.of New York. It was purportedly made…