Legal Opinion

Ban v. State

New York Court of Claims

Decided March 14, 2001No. Claim No. 100664Published

1Opinion of the Court

OPINION OF THE COURT

Stephen J. Mignano, J.

The State moves to dismiss this claim on the basis that claimant lacks standing to bring this action and the claim fails to state a cause of action.

Claimant, pro se, alleges that on February 4, 1999 he was an inmate incarcerated in a county facility and was classified as “State ready.” As a result, he alleges that the State was required to transfer him to a correctional facility operated by New York State within 14 days (see, Matter of Ayers v Coughlin, 72 NY2d 346; County of Nassau v Cuomo, 69 NY2d 737). Claimant further asserts that he was not…

2Cases cited10 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Morone v. MoroneNew York Court of Appeals · 1980
  3. Brown v. State of New YorkNew York Court of Appeals · 1996
  4. Ayers v. CoughlinNew York Court of Appeals · 1988
  5. Gittens v. StateNew York Court of Claims · 1986

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