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1995 NY Att'y Gen. Rep. & Op. [i] (1995)

handle is hein.nyattgen/nysag0110 and id is 1 raw text is: OPINIONS OF THE NEW YORK STATE ATTORNEY GENERAL Opn. No. F 95-1 EXECUTIVE LAW §§ 620,623,624,634(1) and (2); WORKERS' COMPENSA- TION LAW §§ 29; L 1982, CH 513; L 1985 CH 688. Compromise or settlement by the Crime Victims Board of the amount of lien which attaches to a recovery, pursuant to Executive Law § 634(2), may or may not constitute a waiver of lien which attaches to a subsequent recovery or waiver of subrogation rights, set forth in Executive Law § 634(1)(a). The intent of the parties as evidenced by the record of proceed- ings governs. Your counsel inquires whether compromise or settlement by the Crime Victims Board (the Board) of the amount of a lien which attaches to proceeds of a recovery, pursuant to Executive Law § 634(2) (the Ex L), necessarily constitutes waiver of a lien that might otherwise attach to proceeds of a subsequent recovery or waiver of the State's right of subrogation, set forth in Ex L § 634(1)(a). We conclude that compromise or settlement of the amount of a lien may or may not effect waiver of a subsequent lien or waiver of subrogation rights, depending upon the inten- tions of the parties as evidenced by the record of proceeding. The Board is authorized to make awards to victims of crimes or claimants of such victims (Ex L §§ 620, 623, 624). Executive Law § 634 sets forth various mechanisms whereby the State may recover the amount of the award. Executive Law § 634(1)(a) provides that

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