2006 New York Code - Certification Of Prize Winners; Payment Of Prizes.



 
    §  1613.  Certification  of  prize  winners; payment of prizes. a.  It
  shall be the duty of the director to require that all prizes  over  five
  thousand  dollars  in  any game be awarded to holders of winning tickets
  for that game as provided in this section and  section  sixteen  hundred
  fourteen  of  this  article.    Within  one  week  after  any drawing or
  selection of prize winning lottery tickets, the division  shall  deliver
  to  the  comptroller a certified list of the tickets to which prizes are
  awarded and the  amount  of  each  such  prize.  Upon  receipt  of  such
  certified  list  and  voucher of the division, moneys sufficient for the
  payment of such prizes shall be paid to the division  from  the  lottery
  prize account, upon audit and warrant of the comptroller. Moneys for the
  payment of lottery prizes shall be deposited by the director as provided
  in  section sixteen hundred eleven of this article and the withdrawal of
  such moneys for the payment of prize winners shall be subject to a check
  signed by the director or such officers or employees of the division  as
  the  director  may  designate. The division shall each month provide the
  comptroller with a record of all such withdrawals  from  the  director's
  accounts.  Payment of prizes shall be made by the division to holders of
  the tickets to which prizes are awarded,  except  that  payment  of  any
  prize  drawn  may  be paid to the estate of a deceased prize winner, and
  except that any person pursuant to an appropriate judicial order may  be
  paid  the  prize  to which the winner is entitled. The division shall be
  discharged of all further liability upon payment of a prize pursuant  to
  this subdivision.
    b.  If  the  person entitled to a prize on any winning ticket is under
  the age of eighteen years, and such prize is  less  than  five  thousand
  dollars, the division may make payment by delivery to an adult member of
  the  minor's  family  or  a  guardian  of  the minor of a check or draft
  payable to the order of such minor. If the person entitled to a prize on
  any winning ticket is under the age of eighteen years and if such  prize
  is  five thousand dollars or more, the division may make payment to such
  minor by depositing the amount of the prize in any financial institution
  to the credit of an adult member of the minor's family or a guardian  of
  the  minor as custodian for such minor. The person so named as custodian
  shall have the same duties and  powers  as  a  person  designated  as  a
  custodian  in  a  manner  prescribed by part six of article seven of the
  estates, powers and trusts law, and for purposes  of  this  section  the
  terms  "adult",  "member  of  a  minor's  family",  and  "guardian"  and
  "financial institution" shall have the same meaning as in said  part  of
  said law. The division shall be discharged of all further liability upon
  payment of a prize to a minor pursuant to this subdivision.
    c.  1. Notwithstanding any inconsistent provision of law, the director
  may award and pay a "Lotto"  prize  to  a  claimant  without  a  winning
  ticket, if:
    (i) the claimant has filed a perfected claim therefor;
    (ii)  the  perfected  claim  is  for  a  first prize in excess of five
  million dollars;
    (iii) at least one year has elapsed since the date of the drawing  for
  which the prize is claimed;
    (iv) no other perfected claim has been filed therefor; and
    (v) the perfected claim has been authenticated by the division.
    2.  For purposes of this section, a "perfected claim" shall consist of
  a written request that the prize be awarded and paid  to  the  claimant,
  accompanied by:
    (i)  a  "Players  Copy"  of a claim validation report showing that the
  original winning lottery ticket was  produced  by  the  on-line  lottery
  computer  system  at  the  same  time  and  place as the validation of a
  previous first-prize claim in the "Daily Numbers" game;
    (ii) "Lotto" play cards bearing the same number combinations  as  were
  played  at  such  time  and  place  immediately  before  or  immediately
  following the validation of such "Daily Numbers" first prize claim;
    (iii)  a  written  statement  from  the  licensed  lottery sales agent
  stating that the agent believes the  missing  ticket  was  sold  to  the
  claimant;
    (iv)  a  verified written statement explaining the circumstances under
  which the winning ticket was lost; and
    (v) a filing fee of one hundred dollars.
    3. Within thirty days  of  the  receipt  of  a  perfected  claim,  the
  division shall attempt to authenticate it by comparing it to the records
  of  the  division,  including  electronic  information  provided  by its
  on-line  service   provider.   A   perfected   claim   may   be   deemed
  "authenticated" if:
    (i)  the  "Players  Copy"  and  "Lotto"  play cards included therewith
  correspond to the records of the division; and
    (ii) none of the  information  included  in  the  perfected  claim  is
  contradicted by the records of the division.
    4.  The director may promulgate rules and regulations to implement the
  provisions of this subdivision.

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