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Jacobs v. State

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2000
275 A.D.2d 681 (N.Y. App. Div. 2000)

Opinion

September 28, 2000.

Order, Court of Claims, New York County (S. Michael Nadel, J.), entered September 27, 1999, which granted defendant's motion to dismiss the claim and amended claim, and denied claimant's cross motion for permission to file a late claim, unanimously affirmed, without costs.

Pro Se, for claimant-appellant.

Alicia R. Ouellette, for defendant-respondent .

Before: Nardelli, J.P., Mazzarelli, Lerner, Andrias, Buckley, JJ.


The court correctly concluded that claimant's claim accrued on March 8, 1993 and was time-barred pursuant to Court of Claims Act § 10(3-b). Additionally, claimant's claim is barred by the doctrines of res judicata and collateral estoppel. Two prior actions by claimant asserting the same claims against State officers were dismissed on the ground, inter alia, that the officers were cloaked with absolute official immunity with respect to the complained of conduct (Jacobs v. Guido, US Dist Ct, EDNY, Aug. 20, 2000, Platt, J., affd 54 F.3d 765, cert denied 516 U.S. 862; Jacobs v. Guido, 268 A.D.2d 278).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Jacobs v. State

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2000
275 A.D.2d 681 (N.Y. App. Div. 2000)
Case details for

Jacobs v. State

Case Details

Full title:DAVID B. JACOBS, CLAIMANT-APPELLANT, v. STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 28, 2000

Citations

275 A.D.2d 681 (N.Y. App. Div. 2000)
714 N.Y.S.2d 198