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RICCIARDI v. STATE OF NEW YORK

Claim. No. 134936. Appeal No. 15134. Case No. 2020-04692.

201 A.D.3d 577 (2022)

162 N.Y.S.3d 323

2022 NY Slip Op 00386

Patrice Ricciardi, as Administratrix of the Estate of Dominic G. Iannacone, Deceased, et al., Appellants, v. State of New York, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 25, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellants.

Letitia James, Attorney General, New York (Stephen J. Yanni of counsel), for respondent.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.

In April 2015, decedent Iannacone was convicted of robbery in the second degree and sentenced to seven and one-half years in prison. In September 2017, the conviction was vacated under CPL 440.10(1)(g) and decedent was released from incarceration. The indictment was dismissed on February 13, 2018. On May 14, 2018, decedent filed a notice of intention to file a claim against the State of New York for unjust conviction and imprisonment under section 8-b of the Court of Claims...

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