You're in luck! You can send an "Intent to File" to the Attorney General to pursue legal recourse against NYSDOCCS in the court of claims without an attorney.
This will extend the 90 day window to 1 year. We highly advise sending the intent to file if you passed on the stipulation of settlement offer.
IMPORTANT:
The "intent to file" must be received by the Attorney's General Office no later than June 8th, 2025.
All letters should be mailed certified mail, return receipt requested by Monday, June 2nd. Anything mailed past June 2nd may cause you to miss the deadline due to postal service delays.
If you did not make the mailing cut off, you can have a 3rd party hand serve a local Attorney General's Office. They can acquire the proof of service you will need to file a claim at a future date.
INSTRUCTIONS
The template that best fits your situation has items in red that must be completed by you.
The sections require you to enter in your information or relevant information for the intent to file in the court of claims.
FMLA AND WC Category (template below): If you attempted to obtain FMLA after a doctor's visit and were denied the opportunity by your facility to file, use the FMLA/WC template. If you had WC before Feb 16th or attempted to use WC after Feb 17th, use the Workers Comp FMLA template. Per Legal, all Workers Comp people have FMLA protections and therefore are covered under FMLA.
EVERYONE ELSE (template below): If FMLA or Workers Compensation does not apply to you, use the "everyone else" template.
Managing Attorney’s Office
Office of the New York State Attorney General
28 Liberty Street, 16th Floor
New York, NY 10005
OR:
After June 2nd, have a 3rd Party serve your local Attorney Generals Office.
You must receive proof of service.
10. Travel to the nearest post office. Request certified mail with return receipt service. (If having a 3rd party serve, this does not apply to you).
11. Mail the entire document with the verification stamped notary page. You will receive the return receipt by USPS. SAVE THIS RECEIPT!!!! (If having a 3rd party serve, this does not apply to you).
You will need it when you file your claim to show proof of good service.
Once received by the AG's office, you will have 1 year to file a claim.
This should allow you the opportunity to acquire additional info from the other cases proceeding through the courts or potentially be able to find legal representation.
Good Luck!
Disclaimer: The above is information is educational in nature. We can not be held accountable for the outcome of your case, how your paperwork was submitted, if it was submitted in time, and will not be held liable for misinformation contained within. It is the individuals responsibility to verify the information in the above is accurate, aligns with their situation, and the facts.
This is not legal advice and should not be construed as such.
If you have not handled items on the task list, we highly suggest doing so asap.
This will ensure you are following the CBA process as well the administrative process set forth by state civil service laws.
This includes applying for unemployment even though you may be denied benefits.
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