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Jeffrey Santos v. the State of New York

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 23, 2012

JEFFREY SANTOS,
CLAIMANT-APPELLANT,
v.
THE STATE OF NEW YORK,
DEFENDANT-RESPONDENT.

Santos v State of New York

Decided on February 23, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.

Claims No.

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 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 NY3d 269, 276 [2006]).

We have considered the remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 23, 2012

CLERK

20120223

© 1992-2012 VersusLaw Inc.



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