New York State Court of Claims

New York State Court of Claims

FOWLER v. THE STATE OF NEW YORK, #2008-016-005, Claim No. None, Motion No. M-74233


Synopsis


Motion for permission to file a late claim under §8-b of the Court of Claims Act and for release from parole was denied.

Case Information

UID:
2008-016-005
Claimant(s):
LAWRENCE FOWLER
Claimant short name:
FOWLER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-74233
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Pamela D. Hayes, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
February 19, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Lawrence Fowler moves pursuant to §10.6 of the Court of Claims Act (the “Act”) for permission to file a late claim under §8-b thereof, which is known as the Unjust Conviction and Imprisonment Act.[1] Mr. Fowler alleges that after having been convicted of murder on June 28, 1998 and serving over ten years on a sentence of 25 years to life, his conviction was vacated on Aug. 2, 2006. Permission to file a late claim is not available for unjust conviction claims. See, e.g., Gurley v State of New York, 173 Misc 2d 87, 89, 661 NYS2d 700 (Ct Cl 1997). Late claim relief under subdivision 6 of §10 of the Act is a remedy for failure to comply with the time limitations contained in such section. The time limitations for an unjust conviction claim are separately set forth in subdivision 7 of §8-b; such a claim must be filed “within two years from the dismissal of the accusatory instrument . . .” Long v State of New York, 7 NY3d 269, 275, 819 NYS2d 679, 683 (2006).

In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED THAT motion no. M-74233 be denied, and claimant should serve and file his claim in accordance with §§8-b, 11 and 11-a of the Act.


February 19, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]Claimant also seeks an order directing his release from parole status. The Court of Claims does not have jurisdiction over such a claim. See §9 of the Act.
  2. [2]The following were reviewed: claimant’s notice of motion with affidavit in support, proposed claim and undesignated exhibits; and defendant’s affirmation in opposition.