2006 New York Code - Judgments And Payment Thereof.

 
    § 20. Judgments and payment thereof. 1. The determination of the court
  upon  a claim shall be by a judgment to be entered, certified and served
  as provided by the rules of the court.
    2. If the claim arises in a case where the state seeks to  appropriate
  or  has appropriated land for a public use, the judgment shall contain a
  description of such land.
    3. For all  purposes,  including  filing  and  docketing,  a  judgment
  rendered in the court of claims in favor of the state shall be deemed to
  have  been  rendered  in  the county of Albany, and a transcript of such
  judgment, certified by the clerk of the court, may be filed and docketed
  in the clerk's office of Albany county and enforced in the  same  manner
  and have the same effect as a judgment of the supreme court.
    4.  A judgment against claimant on any claim prosecuted as provided in
  this act shall forever bar any further claim or demand against the state
  arising out of the matters involved in the controversy.
    5. The comptroller upon the consent of the  attorney-general  may  pay
  such  portion  of  the judgment of the court of claims from which appeal
  has not been taken by the state. On motion, the  appellate  division  to
  which  appeal  has  been  taken may, pending appeal, by order direct the
  comptroller to pay such portions of the judgment from which  appeal  has
  not been taken by the state. Any such payment shall be without prejudice
  to the rights of the state or the claimant on such appeal.
    5-a.  Where  an  appeal  has  been taken by either the claimant or the
  state or by both the claimant and the  state  from  all  or  part  of  a
  judgment   of   the   court   of   claims,  the  comptroller,  upon  the
  recommendation of the attorney general may deposit in a special  account
  all  or  any  part  of  the  amount directed to be paid in the judgment.
  Interest  on  the  amount  deposited  shall  not  be  allowed  from  the
  expiration   of  twenty  days  after  notification  in  writing  by  the
  comptroller to the claimant or his  attorney  that  the  comptroller  is
  ready   and  willing  to  pay  said  amount  upon  presentation  of  the
  instruments and vouchers required by law to be filed in his office. Upon
  presentation  of  such  instruments  and  vouchers  the  comptroller  is
  authorized  to pay said amount, with interest as herein provided, to the
  claimant. Any such deposit or payment shall be without prejudice to  the
  rights of the state or the claimant on such appeal.
    6.  No such judgment shall be paid until there shall be filed with the
  comptroller a copy thereof duly certified by the clerk of the  court  of
  claims  together  with  a  certificate  of  the attorney-general that no
  appeal has been or will be taken by the state from the judgment or  part
  thereof  specified  in  the certificate, and a release and waiver by the
  attorney for the claimant of any lien for services upon said  claimant's
  cause  of action, claim, award, verdict, report, decision or judgment in
  favor of said claimant, which said attorney may have thereon  under  and
  by virtue of section four hundred and seventy-five of the judiciary law;
  and where an award is made by reason of the appropriation of land or any
  interest  therein  for a public use or for damages to land caused by the
  state, there shall also be filed with the  comptroller,  a  satisfactory
  abstract  of title and certificate of search as to incumbrances, showing
  the person demanding such damages to be legally entitled thereto.
    6-a. Notwithstanding the provisions of subdivisions five,  five-a  and
  six of this section, in any case where a judgment or any part thereof is
  to  be  paid  to  an  inmate serving a sentence of imprisonment with the
  state department of correctional services or to a prisoner confined at a
  local correctional facility, the comptroller shall give written  notice,
  if   required  pursuant  to  subdivision  two  of  section  six  hundred
  thirty-two-a of the executive law, to the state crime victims board that
  such judgment shall be paid thirty days after the date of such notice.


    7. Interest shall be allowed on each judgment of the court  of  claims
  from the date thereof until payment is actually made, provided, however,
  that interest shall be suspended and shall not be allowed:
    a.  In  the  event  a certificate of no appeal is not forwarded by the
  claimant to the office of the comptroller  of  the  state  of  New  York
  within thirty days from date of mailing said certificate to the claimant
  by  the  attorney general, then interest shall be suspended from date of
  mailing to date of receipt of said certificate by the comptroller.
    b. In the event a satisfaction of judgment and  waiver  of  attorney's
  lien  is  not  forwarded  within  thirty  days  after  mailing  of  said
  satisfaction of judgment and waiver of attorney's lien by  the  attorney
  general,  interest  shall  be suspended for that period of time from the
  date of mailing the satisfaction of judgment and  waiver  of  attorney's
  lien to the date that the same is received by the comptroller.
    8.  The  provisions of this section as to limitation of interest shall
  not apply, however, to judgments paid from the various  trust  funds  or
  sinking  funds  of  the state, which funds shall be entitled to interest
  until the twentieth day after an  appropriation  is  available  for  the
  reimbursement thereof or until payment, if payment be sooner made.
    9.  Notwithstanding  any  other  provision  of  law,  when any advance
  payment  has  been  made  pursuant  to  any  statute  relating  to   the
  appropriation  of  property by the state, the comptroller, on paying the
  judgment of the court of claims for the real  property  acquired,  shall
  deduct  from  the  total  amount  awarded  as principal and interest the
  amount of principal paid under the terms of the  partial  payment  offer
  and all interest thereon; and only the balance of such judgment shall be
  payable.
    10.  On  or  before January fifteenth the comptroller, in consultation
  with the department of law and other agencies  as  may  be  appropriate,
  shall submit to the governor and the legislature an annual accounting of
  judgments  and  interest  paid  pursuant  to  this  section  during  the
  preceding and current fiscal years. Such accounting shall  include,  but
  not be limited to the number, type and amount of claims so paid, as well
  as  an estimate of claims to be paid during the remainder of the current
  fiscal year and during the following fiscal year.