Mike v. State

*385OPINION OF THE COURT

Ferris D. Lebous, J.

The defendant State of New York moves for summary judgment on the ground this claim fails to state a cause of action by failing to comply with the statutory pleading requirements relative to unjust conviction claims. (Court of Claims Act § 8-b; CPLR 3212.) Claimant opposes the motion.

Background

1. Arrest

On October 11, 1995, claimant was arrested and charged with third degree criminal sale of a controlled substance. (Penal Law § 220.39 [1].) The circumstances leading up to said arrest and charge were described by the Court of Appeals as follows:

“[Claimant]…