Attorneys for the state of New York want the Appellate Division, Third Department to review a Court of Claims judge’s decision not to dismiss Attorney General Letitia James and her office from a lawsuit alleging her former top aide sexually assaulted a former office press secretary.

Court of Claims Judge W. Brooks DeBow denied the state’s motion to dismiss the lawsuit on Nov. 27, determining plaintiff Sofia Quintanar’s allegations against James’ former chief of staff, Ibrahim Khan, state a claim for negligent hiring, retention, and supervision.