Bermudez v. State

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 NY3d 269 [2006]). It rejected Long’s use of a more general provision of Court of Claims Act § 11 (b), which provides that a claim (and notice of intention to file a claim) must be verified in the same…