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BERMUDEZ v. STATE OF NEW YORK

Claim Nos. 118556.

44 Misc.3d 605 (2014)

989 N.Y.S.2d 794

2014 NY Slip Op 24165

FERNANDO BERMUDEZ, Claimant, v. STATE OF NEW YORK, Defendant.

Court of Claims.

Decided June 11, 2014.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( Janet L. Polstein of counsel), for defendant.

Law Offices of Michael Lamonsoff, PLLC, Pollack Pollack Isaac & DeCicco ( Brian J. Isaac of counsel), and Kaye Scholer, LLP ( James M. Catterson of counsel), for claimant.

OPINION OF THE COURT

ALAN C. MARIN, J.

The State of New York moves to dismiss the claim of Fernando Bermudez for unjust conviction on the ground that it was not verified by the claimant as required by subdivision (4) of section 8-b of the Court of Claims Act.

The Court of Appeals relied upon section 8-b (4) when it affirmed the dismissal of the unjust conviction suit in Long v State of New York (7 N.Y.3d 269

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