New York Law Hopes to Change Abuse Survivors Access Justice

On Monday, New York State Senate passed an important bill, A8635/S8320, that could finally give survivors of abuse in state care the chance to have their day in court. This law targets a frustrating legal barrier that’s been keeping many survivors from getting justice.

What’s the Problem? The Court of Claims Act’s Strict Rules

Here’s the issue: Survivors who were abused while in state custody or on state property have to follow a tough rule called the Court of Claims Act. This rule says they must know and report the exact time and date their abuse happened to even have their case heard. But for survivors abused elsewhere, this rule doesn’t apply.

Because of this, some cases, over 1,500 under the Adult Survivors Act (ASA) and nearly 300 under the Child Victims Act (CVA), have been dismissed. The state’s highest court recently said this strict rule stands, putting even more cases at risk.

Why Is This Rule a Problem for Survivors?

It’s easy to see why this rule is unfair. Trauma can make it really hard for survivors to remember exact dates and times. Imagine trying to recall details from years, even decades ago, especially when those memories are painful and jumbled. Expecting survivors to remember every exact moment is unrealistic and adds to their pain.

What Does the New Bill Do?

The bill passed by the Senate removes this impossible “exact time and date” requirement for all current and future cases in the Court of Claims. It also opens the door for some dismissed cases to be appealed. In simple terms, this means survivors won’t be blocked from court just because they can’t pinpoint the exact moment their abuse happened.

Voices from Survivors: Why This Matters

Bernard Musumeci, a survivor who faced this exact barrier, shared his story. He was abused at 10 years old in state custody and was denied justice because he couldn’t recall every detail. He says this law gives survivors like him new hope.

Lawmakers Speak Out

Assemblymember Linda Rosenthal and Senator Brad Hoylman-Sigal, sponsors of the bill, emphasized that the original laws, the CVA and ASA, were meant to help survivors find justice, not push them away with unfair technical rules. They’re urging the Assembly to pass the bill quickly so survivors can finally get their chance in court.

Get our free mobile app

What’s Next?

The bill now moves to the Assembly, which has until next to pass it during this legislative session. If it passes, it will remove this outdated barrier and help thousands of survivors get the justice they deserve.

The 10 Tiniest Counties in Upstate New York By Size!

New York State is big, wide, vast, and beautiful, This gallery looks at the smallest of Upstate New York's counties.

Remembering that there are 62 counties in the Empire State, the very smallest ones are the boroughs of New York City, where their size can be counted in blocks an neighborhoods. But in the counties of Upstate NY we see a wide variety of land sizes.

This gallery looks at the ten smallest, but just step back a moment and put it all in perspective. Yes, these are small ones, but we also have some counties in Upstate NY that are gargantuan in size.

This is a fun piece of trivia. The smallest state in the United States (by land) is Rhode Island with just 1,214 square miles to it. And...there are 18 counties in Upstate NY that are largest than that whole state!

Do you live in one of the smallest counties in our state?

Gallery Credit: Chuck D'Imperio

The Eating Is Oh-So-Good in Upstate New York's "Triple Cities"

This is another gallery in our feature of great dining areas across Upstate New York. This one looks at the Southern Tier and the region called the "Triple Cities," which comprises the area around Binghamton, Johnson City, and Endicott, NY.

The eating is great here, from a simple signature spiedie sandwich to some of the best fine dining in Upstate. And Italian restaurants? Don't even get me started! Here is a sample list of ten great restaurants to explore the next time you are passing through. They include Japanese cuisine, steakhouses, taverns, Polish, and (of course) Italian restaurants.

And remember, this is just a sampler list of ten from an area with 100 mor more great places to eat. Please visit our Facebook page if your favorite "Triple City" restaurant didn't make a list.

Give it a shout out!

Gallery Credit: Chuck D'Imperio