Judge Allows Late Filing Of Hillary's Notice Of Claim

Judge Allows Late Filing Of Hillary's Notice Of Claim

Oral "Nick" Hillary will be allowed to file a notice of claim late, a state supreme court judge has ruled.

The notice of claim was late because the original papers were returned to Hillary's lawyers because of insufficient postage.

Judge Mary Farley ruled last week to allow the late filing of the notice of claim against St. Lawrence County, the village of Potsdam and several public officials.

Hillary was acquitted last year in the strangulation death of 12 year old Garrett Phillips of Potsdam in October 2011.

Hillary's notice of claim is a legal document that puts people on notice that he is considering suing them.

Because of the insufficient postage, the people and agencies named in the notice of claim received it 97 days after Hillary was acquitted, instead of the required 90 days.

Named in the notice of claim are St. Lawrence County, its district attorney's office, DA Mary Rain, and several other county employees, including Sheriff Kevin Wells and Deputy John Jones Jr.

Also named are employees of the village of Potsdam, including the mayor and members of its police department.

The former Clarkson University soccer coach is planning a large-scale lawsuit for false arrest and malicious prosecution.

He was arrested by Potsdam police for Phillips' murder. He had previously dated the 12 year old's mother and was considered the prime suspect. 

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