Summary
finding that "claimant's allegations . . . involve the exercise of discretion by the Attorney-General to which governmental immunity attaches"
Summary of this case from Blouin ex Rel. Estate of Pouliot v. SpitzerOpinion
April 18, 1988
Appeal from the Court of Claims (Margolis, J.).
Ordered that the order is affirmed, without costs or disbursements.
Inasmuch as the claimant's allegations against the defendant involve the exercise of discretion by the Attorney-General to which governmental immunity attaches (see, Tarter v. State of New York, 68 N.Y.2d 511; Tango v. Tulevech, 61 N.Y.2d 34; Rottkamp v Young, 21 A.D.2d 373, affd 15 N.Y.2d 831; Matter of Covillion v Town of New Windsor, 123 A.D.2d 763; Brenner v. County of Rockland, 67 A.D.2d 901, lv denied 47 N.Y.2d 705), the Court of Claims properly dismissed the claim for lack of subject matter jurisdiction. Bracken, J.P., Weinstein, Rubin and Kooper, JJ., concur.