Summary
In Santos, as in Long, "his attorney verified the claim, stating that [t]he reason why this verification is made by me and not by the above party [is] because he resides in a county outside of the principal location of my office'" (Santos v State of New York, UID No. 2010-016-051 [Ct Cl, Marin, J., July 28, 2010]).
Summary of this case from Bermudez v. StateOpinion
2012-02-23
Jeffrey SANTOS, Claimant–Appellant, v. The STATE of New York, Defendant–Respondent.
Andrew F. Plasse, New York, for appellant. Eric T. Schneiderman, Attorney General, New York (Frank K. Walsh of counsel), for respondent.
Andrew F. Plasse, New York, for appellant. Eric T. Schneiderman, Attorney General, New York (Frank K. Walsh of counsel), for respondent.
Order, Court of Claims, New York County (Alan C. Marin, J.), entered on or about July 28, 2010, which dismissed plaintiff's claim against the State for unjust *800 conviction and imprisonment on the grounds that the claim was not verified in accordance with Court of Claims Act § 8(b)(4), unanimously affirmed, without costs.
The Court of Claims correctly determined that where an individual has failed to personally verify his claim brought pursuant to the Unjust Conviction and Imprisonment Act, that claim must be dismissed ( Long v. State of New York, 7 N.Y.3d 269, 276, 819 N.Y.S.2d 679, 852 N.E.2d 1150 [2006] ).
We have considered the remaining arguments and find them unavailing.