Tooker v. New York State Crime Victims Board-Executive Department

OPINION OF THE COURT

Martin Schoenfeld, J.

In this CPLR article 78 proceeding, pro se petitioner Robin Tooker challenges a decision of the respondent New York State Crime Victims Board-Executive Department (CVB)1 that denied her compensation for injuries she suffered as a result of a “hit and run” bicyclist. The CVB has cross-moved to dismiss the petition pursuant to CPLR 3211 (a) (7) and 7804 (f). For the reasons set forth below, the court denies respondent’s cross motion to dismiss.

On April 20, 2007, petitioner was struck by a bicyclist while she was walking in the crosswalk across a downtown…