Santos v State of New York

Santos v State of New York 2012 NY Slip Op 01366 Decided on February 23, 2012 Appellate Division, First Department 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.

Decided on February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
6896 109907

[*1]Jeffrey Santos, Claims No. 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.

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