Stewart v. State of New York

In Stewart v. State of New York (133 A.D.2d 112 [1987], lv denied 72 N.Y.2d 807 [1988]) the claimant brought an action pursuant to section 8-b, but failed to submit documentary evidence that "the accusatory instrument was dismissed on any one of the limited grounds enumerated under Court of Claims Act 8-b (3) (b)" (Stewart v. State of New York, supra, at 113). The Court, therefore, affirmed a dismissal of the claim. The decision clearly indicates that a dismissal of the accusatory instrument must be upon the enumerated grounds in order for the Court to entertain the claim.