Jones v. State

This is a motion pursuant to CPLB 2215 and 3211 (subd. [a], pars. 2, 7, 8) for an order dismissing the claim upon the grounds that the court lacks jurisdiction of both subject matter as well as personal jurisdiction, and also that the claim fails to state a cause of action.

Oral arguments have been considered having been presented by both State and claimant as well as affidavits and the claimant’s brief in opposition to the motion.

The claim is for the .wrongful death of claimant’s deceased husband allegedly shot to death by agents of the State during the September, 1971 Attica State Prison…