2023 New York Laws › EXC - Executive › Article 22 - Office of Victim Services › 625 - Filing of Claims.

§ 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 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 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.
* NB Effective until December 31, 2025
* 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.
* NB Effective December 31, 2025
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 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. 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.
* NB Effective until December 31, 2025
* 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.
* NB Effective December 31, 2025