Niver v. State

*580OPINION 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 to Court of Claims Act § 8-b. Claimant opposes the motion.

A review of the underlying facts is warranted here even though a detailed factual recitation is set forth in the opinion of the State of…