Title CTC, Court of Claims

Section 1. Short title. This act shall be known as the "Court of\nClaims Act."\n

§ 10. Time of filing claims and notices of intention to file claims.\nNo judgment shall be granted in favor of any claimant unless such\nclaimant shall have complied with the provisions of this section\napplicable to his claim.\n 1. A claim for the appropriation by the state of …

§ 11. Filing, service and contents of claim or notice of intention. a.\n(i) The claim shall be filed with the clerk of the court; and, except in\nthe case of a claim for the appropriation by the state of lands, a copy\nshall be served personally or by certified mail, return rece…

* § 11-a. Filing fee. 1. The clerk of the court of claims shall\nrequire for the filing of a claim a fee of fifty dollars. The fee shall\nbe payable in advance, unless a motion, affidavit, or certification\npursuant to section eleven hundred one of the civil practice law and\nru…

§ 11-b. Use of facsimile transmission and electronic filing\nauthorized. 1. Notwithstanding any other provision of law, the chief\nadministrator of the courts may authorize a program in the use of\nfacsimile transmission and electronic means in the court as provided in\narticle …

§ 12. Conditions of judgment. 1. In no case shall any liability be\nimplied against the state. No judgment shall be granted on any claim\nagainst the state except upon such legal evidence as would establish\nliability against an individual or corporation in a court of law or\neq…

§ 13. Court rooms for sessions. The sheriff of any county, except\nAlbany, shall furnish for the use of the court suitable rooms in the\ncourt house of his county for any session ordered to be held thereat and\nshall, if requested, attend said session. His fees for attendance sh…

§ 14. Procedure upon interpleader; when independent claim barred.\nParties interpleaded shall be served with the order of interpleader,\npersonally or by publication in manner provided for the service of a\ncitation in the surrogate's court, except that in the case of a claim\nf…

§ 15. Substitution of assignee or legal representative of claimant.\nIn the event of the death of the claimant or of one of the claimants\nnamed in a claim of any nature against the state, heretofore or\nhereafter filed in the court of claims, and also in the event that by\nassi…

§ 16. Proceedings as to evidence in appropriation cases. 1. Upon the\ntrial of any claim for the appropriation of real property or an interest\ntherein, evidence of the price and other terms upon any sale, or of the\nrent reserved and other terms upon any lease, relating to any …

§ 17. Examinations before trial. 1. By the state. The\nattorney-general, upon five days' notice to the attorney for the\nclaimant or to the claimant if there be no attorney, may require any\nperson filing a notice of claim for any cause whatever against the state\nto be sworn be…

§ 17-a. Examination of notices of intention to file a claim. 1.\nWherever a notice of intention to file a claim is served, the defendant\nshall have the right to demand an examination of the claimant relative\nto the occurrence and extent of the injuries or damages for which cla…

§ 18. Expense of procuring testimony on commission or deposition.\nWhen testimony is taken on commission or deposition at the instance of\nthe claimant, the expense thereof including the fees of the\ncommissioner, shall be paid by the claimant; and when taken at the\ninstance of…

§ 19. Proceeding upon failure of claimant to file claim within six\nmonths or to appear or proceed. 1. If a claim which bears interest, is\nnot filed until more than six months after the accrual of said claim, no\ninterest shall be allowed between the expiration of six months fr…

§ 2. Organization of court of claims. 1. The court of claims is hereby\ncontinued.\n 2. Such court shall consist of (a) twenty-seven judges, who shall be\nappointed by the governor, by and with the advice and consent of the\nsenate; (b) such number of additional judges not excee…

§ 20. Judgments and payment thereof. 1. The determination of the court\nupon a claim shall be by a judgment to be entered, certified and served\nas provided by the rules of the court.\n 2. If the claim arises in a case where the state seeks to appropriate\nor has appropriated la…

§ 20-a. Settlement of claims. Notwithstanding any inconsistent\nprovision of this act or of the state finance law, the comptroller shall\nexamine, audit, and certify for payment the settlement of any claim\nfiled in the court of claims for injuries to personal property, real\npr…

§ 21. Compromise of canal claims. No claims brought against the state\non account of the canal shall be settled or compromised for any amount\nwithout the written consent thereto by the commissioner of\ntransportation or his duly authorized representative.\n

§ 22. Determination of ownership of awards for property appropriated.\n1. In the event there may be adverse and conflicting claims asserted to\nan award for property appropriated by the state or any part thereof, or\nif there be any apparent lien or encumbrance on the property s…

§ 23. Disposition of amount of award deposited. If the amount awarded\nis deposited, as provided by section twenty-two of this act, any person\nclaiming an interest in the fund may apply to the supreme court in and\nfor the county of Albany, for an order of distribution. Such ap…

§ 24. Appeals generally. Either party may appeal from an order or\njudgment of the court of claims, or of a referee to hear and determine\nof such court, to the appellate division of the supreme court of the\ndepartment in which the claims relating to the orders or judgments\nap…

§ 25. Time and manner of taking appeal. An appeal must be taken\nwithin thirty days after the service of the order or judgment with\nnotice of entry, or the service by the clerk of a certified copy of the\norder or judgment, by serving upon the claimant or his attorney, or upon\…

§ 26. Case on appeal. The appellant shall serve upon the adverse\nparty a case containing so much of the evidence as the appellant may\ndeem necessary to present the questions raised by the appeal. The\nrespondent may propose and serve amendments thereto. The case may be\nsettle…

§ 27. Taxation of costs, fees and disbursements. Except as provided\nin section 701 of the eminent domain procedure law and sections 3126 and\n8303-a of the civil practice law and rules, costs, witnesses' fees and\ndisbursements shall not be taxed, nor shall counsel or attorney'…

§ 28. Allowance for expense of searches in certain cases. The court\nof claims, whenever the appraised value of the premises appropriated\nshall be less than two hundred dollars, shall in their award make a\nreasonable allowance for the expense of procuring the abstract of title…

§ 29. Laws repealed. Chapter nine hundred and twenty-two of the laws\nof nineteen hundred twenty and all acts amendatory thereof are hereby\nrepealed.\n

§ 3. Prohibitions as to judges. A judge shall not during his term of\noffice practice the profession of law or act as referee in any action or\nproceeding in any court of this state. A judge shall not hold any other\noffice or public trust to which any salary or compensation is …

§ 30. When to take effect. This act shall take effect July first,\nnineteen hundred thirty-nine.\n

§ 5. Appointment, duties, salaries and compensation of court officers\nand employees. 1. The court of claims shall appoint and may at pleasure\nremove the clerk of the court, one confidential stenographer to the\npresiding judge, stenographers, typists, attendants and other cler…

§ 6. Seal of court. The court shall adopt and procure an official\nseal, with suitable device and inscription. A description of such seal,\nwith an impression thereof, shall be filed in the office of the\nsecretary of state. The expenses of procuring such seal shall be paid\nout…

§ 7. Records of proceedings and reports. 1. The court shall keep\nrecords of its proceedings, and at such times during the session as it\nmay deem proper, or as the senate or assembly may request, report to the\nlegislature the claims upon which it has finally acted, with a stat…

§ 8. Waiver of immunity from liability. The state hereby waives its\nimmunity from liability and action and hereby assumes liability and\nconsents to have the same determined in accordance with the same rules\nof law as applied to actions in the supreme court against individuals…

§ 8-a. 1. Torts of militia members and military and naval employees.\nThe state hereby waives its immunity from liability and action with\nrespect to the torts of members of the organized militia and employees\nin the division of military and naval affairs of the executive\ndepa…

§ 8-b. Claims for unjust conviction and imprisonment. 1. The\nlegislature finds and declares that innocent persons who have been\nwrongly convicted of crimes and subsequently imprisoned have been\nfrustrated in seeking legal redress due to a variety of substantive and\ntechnical…

§ 9. Jurisdiction and powers of the court. The court shall have\njurisdiction: 1. To hear and determine all matters now pending in the\nsaid court of claims.\n 2. To hear and determine a claim of any person, corporation or\nmunicipality against the state for the appropriation of…