Hughes v. State

In a claim, inter alia, to recover damages for alleged violations of state and federal constitutional rights, the claimant appeals from an order of the Court of Claims (Lopez-Summa, J.), dated December 27, 2011, which granted the defendant’s motion pursuant to CPLR 3211 (a) (2) to dismiss the claim for lack of subject matter jurisdiction, and denied his cross motion, in effect, to deem the claim to have been timely filed and served.

Ordered that the order is affirmed, with costs.

The claim in this case was untimely, pursuant to Court of Claims Act § 10 (3), since it was commenced more than 90…