Section 634. Subrogation

1.  (a)  Acceptance  of an award made pursuant to
  this article shall subrogate the state, to the extent of such award,  to
  any  right  or right of action accruing to the claimant or the victim to
  recover payments on account of losses  resulting  from  the  crime  with
  respect  to  which  the award is made. Upon the payment of an award, the
  board may, by writing, notify the claimant that such claimant has ninety
  days, or thirty days prior to the date of expiration of  the  applicable
  statute  of  limitations,  whichever  period is shorter, within which to
  commence an action against his assailant or any third party  who,  as  a
  result  of  the  crime, may be liable in damages to the claimant. If the
  claimant fails to commence an action within the  time  provided  herein,
  such  failure  shall,  after  written  notification  by the board to the
  claimant, operate as an assignment of the  claimant's  cause  of  action
  against  the assailant or such other third party to the state; provided,
  however, that should the claimant's cause of action be in an  amount  in
  excess  of  the  board's  award,  such assignment shall be for only that
  portion of the cause of action which equals the amount of the award.
    (b) The crime victims board shall review those claims that  have  been
  approved  by  the  board and that have resulted in an award in excess of
  one thousand dollars for the purpose  of  identifying  those  causes  of
  action  that  are likely to result in recovery of the state's payment to
  the victim. The board shall submit a list of these claims on  a  monthly
  basis to the attorney general with all necessary information relating to
  the  case  including  whether  the  claiment's  cause of action has been
  assigned to the board.
    (c) The attorney general may commence an action against the  defendant
  convicted of the crime or third party for money damages to the extent of
  the award paid, and the claimant shall retain a right of action, subject
  to  defenses, to recover damages for the full amount of loss incurred by
  him as a result of the crime less the amount assigned to  the  state  by
  operation  of  this  subdivision. Notwithstanding any other provision of
  law, an  action  brought  by  the  attorney  general  pursuant  to  this
  paragraph against the defendant convicted of the crime must be commenced
  within  seven  years  of  the  crime  or  pursuant  to  the  time frames
  authorized in subdivision three of section six hundred  thirty-two-a  of
  this  article.    A  claimant  who retains such right of action shall be
  permitted  to  intervene  in  any  action  brought  pursuant   to   this
  subdivision  by the attorney general. Any action brought by the attorney
  general may be compromised or settled provided the attorney general  and
  the board find that such action is in the best interests of the state.
    2. Acceptance of an award made pursuant to this article shall create a
  lien  in  favor  of  the  state on the proceeds of any recovery from the
  person or persons liable for the injury or  death  giving  rise  to  the
  award  by the board, whether by judgment, settlement or otherwise, after
  the deduction of the reasonable and  necessary  expenditures,  including
  attorney's  fees,  incurred  in  effecting  such  recovery, to the total
  amount of the award made by the board. Such lien  shall  attach  to  any
  moneys  received  or to be received by the claimant or victim on account
  of losses resulting from the crime. Should the claimant or victim secure
  a recovery from the person or persons liable for  the  injury  or  death
  giving  rise  to the award by the board, whether by judgment, settlement
  or otherwise, such claimant may, upon notice to the board, apply to  the
  court  in  which the action was instituted, or to any court of competent
  jurisdiction if no action was instituted, for an order apportioning  the
  reasonable   and  necessary  expenditures,  including  attorney's  fees,
  incurred  in  effecting  such  recovery.  Such  expenditures  shall   be
  equitably apportioned by the court between the claimant and the board. A
  copy  of  such  lien  shall  be mailed to the clerk of the county within

  which the crime occurred and such clerk will file the copy in accordance
  with the duties of such clerk as  set  forth  in  section  five  hundred
  twenty-five  of  the  county  law.  The  amount  of  such  lien  may  be
  compromised  or  settled by the board provided the board finds that such
  action is in the best interests of the state, or  payment  of  the  full
  amount  of  the  lien  to  the  state would cause undue hardship for the
  victim.
    3. Any claimant who has received an award under this article,  or  his
  guardian,  judicially  appointed personal representative, or his estate,
  who brings an action for damages against the person  or  persons  liable
  for  the injury or death giving rise to an award by the board under this
  article shall give written notice to the board of  the  commencement  of
  such  action  at the time such action is commenced. Such notice shall be
  served personally or by certified mail, return receipt requested.
    4. The attorney general may intervene, as of right, in any such action
  on behalf of the state of New York for the  purpose  of  recovering  the
  subrogated  interest  due  the state of New York under the provisions of
  this article.
    5. The board shall adopt  rules  and  regulations  to  carry  out  the
  provisions and purposes of this section.
    6.  The  board  shall  compile  information  on  the  number  of cases
  submitted to the attorney general, the number of actions  instituted  by
  the  attorney  general  to  recover  payments made to crime victims, the
  dollar amount of recoveries made in such actions both on behalf  of  the
  state  and any awards made to victims who intervene in such actions. The
  board shall include this information, and  any  recommendations  to  the
  governor  and  legislature  to  improve the collection of awards, in its
  annual report.