2006 New York Code - Jurisdiction And Powers Of The Court.

 
    §  9.  Jurisdiction  and  powers  of the court.   The court shall have
  jurisdiction:  1. To hear and determine all matters now pending  in  the
  said court of claims.
    2.  To  hear  and  determine  a  claim  of  any person, corporation or
  municipality against the state for the  appropriation  of  any  real  or
  personal  property  or any interest therein, for the breach of contract,
  express or implied, or for the torts of its officers or employees  while
  acting  as  such  officers or employees, providing the claimant complies
  with the limitations of this article. For the purposes of this act only,
  a real property tax lien shall be deemed  to  be  an  interest  in  real
  property.
    2-a.  To  hear  and  determine  a  claim of any person, corporation or
  municipality, against  the  state  for  the  torts  of  members  of  the
  organized  militia  and  the  employees  in the division of military and
  naval affairs of the executive department, providing that the  claim  is
  encompassed  by  the  waiver  of  immunity  and  assumption of liability
  contained in section eight-a of this chapter,  and  providing,  further,
  that the claimant complies with the limitations of this article.
    3.  To  hear and determine any claim in favor of the state against the
  claimant, or against his assignor at the time of the assignment.
    3-a. To hear and determine the claim for damages against the state for
  unjust conviction and imprisonment pursuant to section eight-b  of  this
  article.
    4.  To  render judgment in favor of the claimant or the state for such
  sum as should be paid by or to the state.
    5. To order two or more claims growing out of the same set of facts to
  be tried or heard together, with or without consolidation,  whenever  it
  can be done without prejudice to a substantial right.
    6.  To  order  the  interpleader  of  other  parties  known or unknown
  whenever  necessary  for  a  complete  determination  of  the  claim  or
  counterclaim.
    7. To provide for the perpetuation of testimony.
    8. To open defaults; to vacate, amend, correct, or modify any process,
  claim,  order  or  judgment,  in furtherance of justice for any error in
  form or substance; before entry of  judgment,  to  reopen  a  trial  and
  permit  submission  of  further  evidence; to grant a new trial upon any
  grounds for which a new trial may be granted in the supreme court.
    9. To establish  rules  for  the  government  of  the  court  and  the
  regulation  of  practice therein and to prescribe the forms of procedure
  before it, in  furtherance  of  the  provisions  of  this  act  and  not
  inconsistent  with  law, and except as otherwise provided by this act or
  by rules of this court or the civil practice law and rules, the practice
  shall be the same as in the supreme court.
    9-a. To make a  declaratory  judgment  as  defined  in  section  three
  thousand  one  of  the  civil practice law and rules with respect to any
  controversy involving the obligation  of  an  insurer  to  indemnify  or
  defend  a  defendant  in  any  action  pending  in  the court of claims,
  provided that the court shall have no jurisdiction to enter  a  judgment
  against  an  insurer  pursuant to this subdivision either: (i) for money
  damages; or, (ii) if the insurer would otherwise have a right to a  jury
  trial  of the controversy with respect to which the declaratory judgment
  is sought.
    10. To provide for the regular or special sessions of the  court,  for
  such  terms  and  at  such places as it may determine and to prepare the
  calendar of cases therefor.
    11. The court and the judges shall have all of the powers necessary to
  carry out properly the jurisdiction granted and the  duties  imposed  by
  this act.


    12.  To hear and determine special proceedings for the distribution of
  moneys deposited pursuant to subdivision (E) of  section  three  hundred
  four of the eminent domain procedure law.