2006 New York Code - Time Of Filing Claims And Notices Of Intention To File Claims.

 
    §  10.  Time of filing claims and notices of intention to file claims.
  No judgment shall be granted  in  favor  of  any  claimant  unless  such
  claimant  shall  have  complied  with  the  provisions  of  this section
  applicable to his claim.
    1. A claim for the appropriation by the state of lands, or any  right,
  title or interest in or to lands shall be filed within three years after
  the  accrual  of such claim, or where title is vested by the filing of a
  description and map in the office of the county clerk or register,  then
  within  three years after personal service of a copy of such description
  and map and notice of filing thereof or if personal  service  cannot  be
  made  within  the state, then within three years after the filing of the
  description and map and the recording of notice of filing thereof.
    2. A claim by an executor or administrator of a decedent who left  him
  or  her  surviving  a  husband,  wife  or next of kin, for damages for a
  wrongful act, neglect or default, on the part of the state by which  the
  decedent's death was caused, shall be filed and served upon the attorney
  general  within  ninety  days  after the appointment of such executor or
  administrator, unless the claimant shall within such time serve upon the
  attorney general a written notice of intention to file a claim therefor,
  in which event the claim shall be filed and  served  upon  the  attorney
  general  within  two years after the death of the decedent. In any event
  such claim shall be filed and served upon the  attorney  general  within
  two years after the death of the decedent.
    3. A claim to recover damages for injuries to property or for personal
  injuries caused by the negligence or unintentional tort of an officer or
  employee of the state while acting as such officer or employee, shall be
  filed  and served upon the attorney general within ninety days after the
  accrual of such claim, unless the claimant shall within such time  serve
  upon  the attorney general a written notice of intention to file a claim
  therefor, in which event the claim shall be filed and  served  upon  the
  attorney general within two years after the accrual of such claim.
    3-a.  A  claim  to  recover  damages  for  injuries to property or for
  personal injuries caused by the negligence or unintentional  tort  of  a
  member  of  the  organized  militia or of an employee in the division of
  military and naval affairs of the executive department, shall  be  filed
  and  served  upon  the  attorney  general  within  ninety days after the
  accrual of such claim, unless the claimant shall within such time  serve
  upon  the attorney general a written notice of intention to file a claim
  therefor, in which event the claim shall be filed and  served  upon  the
  attorney general within two years after the accrual of such claim.
    3-b.  A  claim  to  recover  damages  for  injuries to property or for
  personal injuries caused by  the  intentional  tort  of  an  officer  or
  employee  of the state while acting as such officer or employee, or of a
  member of the organized militia or of an employee  in  the  division  of
  military  and  naval affairs of the executive department, shall be filed
  and served upon the  attorney  general  within  ninety  days  after  the
  accrual  of such claim, unless the claimant shall within such time serve
  upon the attorney general a written notice of intention to file a  claim
  therefor,  in  which  event the claim shall be filed and served upon the
  attorney general within one year after the accrual of such claim.
    4. A claim for breach of contract, express or implied, and  any  other
  claim   not   otherwise   provided  for  by  this  section,  over  which
  jurisdiction has been conferred upon the court of claims, shall be filed
  and served upon the attorney general within six months after the accrual
  of such claim, unless the claimant shall within such time serve upon the
  attorney general a written notice of intention to file a claim therefor,
  in which event the claim shall be filed and  served  upon  the  attorney
  general within two years after such accrual.


    5.  If  the claimant shall be under legal disability, the claim may be
  presented within two years after such disability is removed.
    6.  A  claimant who fails to file or serve upon the attorney general a
  claim or to serve upon the attorney general a notice  of  intention,  as
  provided  in the foregoing subdivisions, within the time limited therein
  for filing or serving upon the attorney general the claim or  notice  of
  intention,  may,  nevertheless,  in  the  discretion  of  the  court, be
  permitted to file such claim at any time before an  action  asserting  a
  like  claim  against  a  citizen  of the state would be barred under the
  provisions of article two of the civil practice law and rules.  For  the
  purpose  of  this  subdivision,  a claim against the state arising under
  subdivision one of this section  shall  be  deemed  an  action  upon  an
  implied  contractual  obligation.  The  application  for such permission
  shall be made upon motion returnable at any regular or  special  session
  of  the  court and may be heard and determined by any judge thereof. The
  claim proposed to be filed, containing all of the information set  forth
  in  section  eleven  of  this  act, shall accompany such application. In
  determining whether to permit the filing of a  claim  pursuant  to  this
  subdivision,  the court shall consider, among other factors, whether the
  delay in filing the claim was excusable; whether the state had notice of
  the essential facts constituting the claim; whether  the  state  had  an
  opportunity  to  investigate  the  circumstances  underlying  the claim;
  whether the claim appears to be meritorious; whether the failure to file
  or serve upon the attorney general a timely claim or to serve  upon  the
  attorney general a notice of intention resulted in substantial prejudice
  to the state; and whether the claimant has any other available remedy.
    7.  For  the  purposes  of  subdivision three of this section, a claim
  against the state  which  would  be  governed  by  section  two  hundred
  fourteen-c  of  the  civil  practice  law  and rules if it were asserted
  against a citizen of the state shall be deemed to have  accrued  on  the
  date  of  discovery  of  the  injury by the claimant or on the date when
  through the exercise of reasonable diligence the injury should have been
  discovered by the claimant, whichever is earlier.
    8. (a) A claimant who timely serves a  notice  of  intention  but  who
  fails  to  timely  serve or file a claim may, nevertheless, apply to the
  court for permission to treat the notice of intention as  a  claim.  The
  court  shall  not  grant such application unless: it is made upon motion
  before an action asserting a like claim against a citizen of  the  state
  would  be  barred  under  the  provisions  of  article  two of the civil
  practice law and rules; the notice of intention was timely  served,  and
  contains facts sufficient to constitute a claim; and the granting of the
  application would not prejudice the defendant.
    (b)  An  application  by  a  claimant whose time to commence an action
  against a citizen of the state would be extended or tolled by reason  of
  any of the provisions contained in article two of the civil practice law
  and  rules  shall  be considered timely if the application has been made
  prior to the expiration of the limitation period for filing as  extended
  by reason of the provisions of article two of the civil practice law and
  rules.
    * 9.  A  claim  of  any  inmate  in  the  custody of the department of
  correctional services for recovery of damages for injury to or  loss  of
  personal  property  may  not  be  filed  unless and until the inmate has
  exhausted  the   personal   property   claims   administrative   remedy,
  established  for inmates by the department. Such claim must be filed and
  served within one hundred twenty days after the date on which the inmate
  has exhausted such remedy.
    * NB Expires September 1, 2007