Legal Opinion
Bommarito v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1971PublishedCited by 29 opinions
1Opinion of the CourtMarsh, J.
On September 7, 1969 claimant was stopped by a New York State Trooper for speeding, and during the course of the arrest, it is claimed that the trooper assaulted him. Subsequently, the trooper took him before a Justice of the Peace where he was charged with driving while intoxicated. After arraignment he was committed to the Herkimer County jail where he remained until September 19, 1969 when he furnished bail.
The 90-day period allowed for filing this claim under subdivision 3 of section 10 of the Court of Claims Act expired on December 6, 1969. On December 9, 1969 claimant consulted an…
2Cases cited5 opinions
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
- McMahon v. StateNew York Court of Claims · 1940
- McMahon v. StateAppellate Division of the Supreme Court of the State of New York · 1941
- Schroeder v. StateNew York Court of Appeals · 1938
3Cited by29 opinions
- Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Williams v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1977
- Tarquinio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Young v. StateNew York Court of Claims · 1978
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