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LONG v. STATE OF NEW YORK

7 N.Y.3d 269 (2006)

852 N.E.2d 1150

819 N.Y.S.2d 679

LEE LONG, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 106274.)

Court of Appeals of New York.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Joel Berger, New York City, for appellant.

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and R.S. SMITH concur; Judge READ taking no part.

OPINION OF THE COURT

GRAFFEO, J.

Although claimant satisfied the statutory requirements of Court of Claims Act § 8-b (3) (b) (ii) in this action to recover damages for unjust conviction and imprisonment, he failed to verify his claim properly. We therefore affirm the dismissal of this claim.

In April 1995, following a jury trial, claimant Lee Long was convicted of rape in the first degree, robbery in the first degree and two counts of sexual...

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