STATE OF NEW YORK COURT OF CLAIMS ___________________________________________________ JEFFREY MALKAN, Claimant, -againstCLAIM Claim No. ________ OAG No.

_________ STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK AT BUFFALO), Defendant. ___________________________________________________

PLEASE TAKE NOTICE THAT Jeffrey Malkan has a claim against the State of New York (State University of New York at Buffalo) based upon the States termination of his employment as a member of the faculty at the State University of New York at Buffalo Law School (herein SUNY at Buffalo Law School). In support of the claim, claimant states the following: 1. York 11780. 2. Claimant has selected the following attorney to represent him with respect to this Claimants post office address is: 12 Valleywood Court W., Saint James, New

matter: James R. Sandner, Esq. (Marilyn Raskin-Ortiz, Esq., of counsel) and the post office address and telephone number of the attorney is 800 Troy-Schenectady Road, Latham, New York 12110, (518) 213-6000.

3.

The claim of Jeffrey Malkan is based upon the breach of claimants

contractual rights to employment, as set forth in Attachment A, which is expressly incorporated in and made a part of this Claim. The claim for a breach of Professor Malkans contractual rights arose upon the Defendants termination of his employment as of August 31, 2009, with the last day of work being May 15, 2009. Specifically, in a letter dated August 28, 2008, Professor Malkan was notified by Makau W. Mutua, the new Dean of the SUNY at Buffalo Law School, that his appointment as Clinical Professor ending on August 31, 2009 in the Law School will not be renewed. As such, your last day of work will be May 15, 2009. The claim arose in Buffalo, New York. 4. Professor Malkans claim is for relief from the breach of his contractual

rights, including an order directing that SUNY at Buffalo Law School prospectively abide by its contractual obligations, and a judgment directing the payment of all past and future salary lost by Professor Malkan by virtue of the breach. The total sum of this claim equals $1,339,600.00, which is comprised of salary, employer contributions to 401(k), and value of health insurance benefits for the period from September1, 2009 through August 31, 2011 ($238,000); and estimated value of salary, employer contributions to 401(k) and health insurance benefits for period from September 1, 2011 until August 31, 2019, when Claimant reaches 65 years of age (salary est. $932,000; 401(k) contributions est. $76,000; value of health insurance benefits est. $97,600). The specific itemization and amounts are set forth in Attachment B, which is expressly incorporated in and made part of this Claim. The Claim encompasses the length of time that Professor Malkan intended to continue the employment with Defendant.

The amounts set forth in Attachment B are premised on his continuing inability to obtain commensurate employment. Dated: November 13, 2009 Latham, N.Y. JAMES R. SANDNER, ESQ. Attorney for Claimant 800 Troy-Schenectady Road Latham, New York 12110-2455 Tel. No. (518) 213-6000 By ______________________________ Marilyn Raskin-Ortiz Of Counsel

TO:

VERIFICATION STATE OF NEW YORK COUNTY OF _____________ ) ) ss.: )

JEFFREY MALKAN, being duly sworn, deposes and states that he is the claimant named in the within claim, that he has read the foregoing claim, which includes Attachments A and B, and knows the contents thereof, and states that the claim is true to his own knowledge, except as to those matters therein stated to be alleged upon information and belief, and that as to those matters, he believes them to be true.

______________________________________ JEFFREY MALKAN Subscribed and sworn to before me this _____ day of November, 2009 ________________________________ Notary Public

83135/CWA1141