CASE AGAINST STATE OF NEW YORK DISMISSED
After he filed suit against the State of New York for “unjust conviction and imprisonment,” the latter moved to dismiss the case for “lack of jurisdiction” because the claim hadn't been “properly verified.”
When the Court of Claim granted that dismissal request an appeal followed. And on its review, the Appellate Division, Second Department, noted that, by law, claims against the State must be sworn to (or otherwise affirmed under oath).
Since this claim was not “verified by the claimant,” the AD2 agreed that a fundamental statutory condition had not been met, and that dismissal was necessary.
There’s just no other way to state that.
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DECISION