Austin v. State

OPINION OF THE COURT

Alan C. Makin, J.

The claim of Darryl Austin, who had been found dead in his prison cell on August 2, 2000, was filed on January 2, 2015 by his mother Louise Austin. The defendant State of New York has moved to dismiss the claim on the ground that it does not comply with the verification requirement of the Unjust Conviction and Imprisonment Act of 1984 (Court of Claims Act § 8-b).

Mr. Austin had been convicted (along with his half brother Alvena Jeannette) of the murder of Ronnie Durant during an attempted robbery on September 10, 1985, and Austin was sentenced to 18 years…