2006 New York Code - Actions And Proceedings Against The Commissioner Or The State; Intervention By Commissioner In Certain Actions And Proceedings.

 
    §  15.  Actions and proceedings against the commissioner or the state;
  intervention by commissioner in certain actions and proceedings.    With
  regard  to  duties or liabilities arising out of this chapter, the state
  or the commissioner may be sued in the same manner as a private  person.
  In any action or proceeding affecting any state project the commissioner
  shall  be  given  notice  thereof,  and he shall take such steps in such
  action or proceeding as may be necessary to protect the public interest.
  If, in the opinion of the commissioner, it is necessary or desirable  in
  the  public  interest, that he intervene in such action or proceeding he
  shall be permitted to do so as a matter of right. Whenever in connection
  with a state project under any instrument or law, a notice of default in
  writing is required to be  served  upon  an  authority  or  municipality
  before  the  institution  of  any  action  or proceeding, a copy of such
  notice shall be served upon the commissioner at least five  days  before
  commencement  of  the  action  or  proceeding. No costs shall be awarded
  against the commissioner or the state in any such litigation.