Section 625. Filing of claims  


Latest version.
  • 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 one year after
      the occurrence or discovery of the crime upon which such claim is based,
      one  year  after  a  court finds a lawsuit to be frivolous, or not later
      than one year after the death of the  victim,  provided,  however,  that
      upon  good  cause  shown,  the board may extend the time for filing. The
      board 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 the office of the secretary of  the  board
      in person or by mail. The secretary of the board 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 of the board.
        4. Upon filing of a claim pursuant to this article,  the  board  shall
      promptly notify the district attorney of the county wherein the crime is
      alleged  to  have occurred. If, within ten days after such notification,
      such district attorney advises the board that a criminal prosecution  is
      pending  upon  the  same  alleged  crime and requests that action by the
      board be deferred, the board 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 board. Nothing in this section  shall  limit  the
      authority of the board to grant emergency awards pursuant to section six
      hundred thirty of this article.