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NIVER v. STATE OF NY

1 Misc.3d 579 (2003)

770 N.Y.S.2d 577

WILLIAM P. NIVER, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 106770.)

Court of Claims.

August 14, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Carol A. Cocchiola of counsel), for defendant.

Fitzsimmons Reynolds, LLP (Daniel J. Fitzsimmons of counsel), for claimant.

OPINION OF THE COURT

FERRIS D. LEBOUS, J.

The defendant State of New York moves to dismiss this claim on the grounds it fails to comply with the statutory pleading requirements of Court of Claims Act § 8-b relative to unjust conviction claims. More specifically, the sole basis of the State's motion is the contention that a youthful offender adjudication cannot support an unjust conviction claim pursuant...

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