Legislation
SECTION 625
Filing of claims
Executive (EXC) CHAPTER 18, ARTICLE 22
§ 625. Filing of claims. 1. A claim may be filed by a person eligible
to receive an award, as provided in section six hundred twenty-four of
this article, or, if such person is under the age of eighteen years, an
incompetent, or a conservatee, by his relative, guardian, committee,
conservator, or attorney.
2. A claim must be filed by the claimant not later than three years
after the occurrence or discovery of the crime upon which such claim is
based, three years after a court finds a lawsuit to be frivolous, or not
later than three years after the death of the victim, provided, however,
that upon good cause shown, the office may extend the time for filing.
The office shall extend the time for filing where the claimant received
no notice pursuant to section six hundred twenty-five-a of this article
and had no knowledge of eligibility pursuant to section six hundred
twenty-four of this article.
3. Claims shall be filed in person, by mail or electronically, in such
manner as the office may prescribe. The office shall accept for filing
all claims submitted by persons eligible under subdivision one of this
section and alleging the jurisdictional requirements set forth in this
article and meeting the requirements as to form in the rules and
regulations promulgated to carry out the provisions and purposes of this
article.
4. Upon the filing of a claim pursuant to this article, the office
shall promptly notify the district attorney of the county wherein the
crime is alleged to have occurred, provided however, that in such cases
in which the crime victim reported to a support agency that is also a
victim services provider as defined in clause (B) of subparagraph (iii)
of paragraph (c) of subdivision one of section six hundred thirty-one of
this article, the office shall not make any such notification. If,
within ten days after such notification, such district attorney advises
the office that a criminal prosecution is pending upon the same alleged
crime and requests that action by the office be deferred, the office
shall defer all proceedings under this article until such time as such
criminal prosecution has been concluded and shall so notify such
district attorney and the claimant. When such criminal prosecution has
been concluded, such district attorney shall promptly so notify the
office. Nothing in this section shall limit the authority of the office
to grant emergency awards pursuant to section six hundred thirty of this
article.
to receive an award, as provided in section six hundred twenty-four of
this article, or, if such person is under the age of eighteen years, an
incompetent, or a conservatee, by his relative, guardian, committee,
conservator, or attorney.
2. A claim must be filed by the claimant not later than three years
after the occurrence or discovery of the crime upon which such claim is
based, three years after a court finds a lawsuit to be frivolous, or not
later than three years after the death of the victim, provided, however,
that upon good cause shown, the office may extend the time for filing.
The office shall extend the time for filing where the claimant received
no notice pursuant to section six hundred twenty-five-a of this article
and had no knowledge of eligibility pursuant to section six hundred
twenty-four of this article.
3. Claims shall be filed in person, by mail or electronically, in such
manner as the office may prescribe. The office shall accept for filing
all claims submitted by persons eligible under subdivision one of this
section and alleging the jurisdictional requirements set forth in this
article and meeting the requirements as to form in the rules and
regulations promulgated to carry out the provisions and purposes of this
article.
4. Upon the filing of a claim pursuant to this article, the office
shall promptly notify the district attorney of the county wherein the
crime is alleged to have occurred, provided however, that in such cases
in which the crime victim reported to a support agency that is also a
victim services provider as defined in clause (B) of subparagraph (iii)
of paragraph (c) of subdivision one of section six hundred thirty-one of
this article, the office shall not make any such notification. If,
within ten days after such notification, such district attorney advises
the office that a criminal prosecution is pending upon the same alleged
crime and requests that action by the office be deferred, the office
shall defer all proceedings under this article until such time as such
criminal prosecution has been concluded and shall so notify such
district attorney and the claimant. When such criminal prosecution has
been concluded, such district attorney shall promptly so notify the
office. Nothing in this section shall limit the authority of the office
to grant emergency awards pursuant to section six hundred thirty of this
article.