Appellate Division of the Supreme Court of the State of New York October 21, 2004, Claim No. 107483 (Fuller v. State)

*366Order, State of New York, Court of Claims (Alan C. Marin, J.), entered September 16, 2003, which granted defendant’s motion to dismiss the claim, unanimously affirmed, without costs.

Claimant failed to establish the grounds for a constitutional tort (see Martinez v City of Schenectady, 97 NY2d 78 [2001]; cf. Brown v State of New York, 89 NY2d 172 [1996]).