The claim shall be verified by the claimant. If the court finds after reading the claim that claimant is not likely to succeed at trial, it shall dismiss the claim, either on its own motion or on the motion of the state. In order to obtain a judgment in his favor, claimant must prove by clear and convincing evidence that: a he has been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; and b i he has been pardoned upon the ground of innocence of the crime or crimes for which he was sentenced and which are the grounds for the complaint; or ii his judgment of conviction was reversed or vacated, and the accusatory instrument dismissed or, if a new trial was ordered, either he was found not guilty at the new trial or he was not retried and the accusatory instrument dismissed; provided that the judgement of conviction was reversed or vacated, and the accusatory instrument was dismissed, on any of the following grounds: A paragraph a , b , c , e or g of subdivision one of section If the court finds that the claimant is entitled to a judgment, it shall award damages in such sum of money as the court determines will fairly and reasonably compensate him.
Any person claiming compensation under this section based on a pardon that was granted before the effective date of this section or the dismissal of an accusatory instrument that occurred before the effective date of this section shall file his claim within two years after the effective date of this section.
Any person claiming compensation under this section based on a pardon that was granted on or after the effective date of this section or the dismissal of an accusatory instrument that occurred on or after the effective date of this section shall file his claim within two years after the pardon or dismissal.
Section 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. 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. 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.
To hear and determine any claim in favor of the state against the claimant, or against his assignor at the time of the assignment. To hear and determine the claim for damages against the state for unjust conviction and imprisonment pursuant to section eight-b of this article. To render judgment in favor of the claimant or the state for such sum as should be paid by or to the state.
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.
To order the interpleader of other parties known or unknown whenever necessary for a complete determination of the claim or counterclaim. To provide for the perpetuation of testimony. 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.
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.
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.
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. 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.
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. To hear and determine a claim of any person against the state for a retaliatory personnel action by its officers or employees pursuant to section seventy-five-b of the civil service law or section seven hundred forty of the labor law.
Section 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.
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.
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. 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.
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.
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.
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.
If the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. 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.
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.
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.
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. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim to recover damages for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section Filing, service and contents of claim or notice of intention.
Any notice of intention shall be served personally or by certified mail, return receipt requested, upon the attorney general within the times hereinbefore provided for service upon the attorney general. Service by certified mail, return receipt requested, upon the attorney general shall not be complete until the claim or notice of intention is received in the office of the attorney general. Personal service upon the attorney general shall be made in the same manner as described in section three hundred seven of the civil practice law and rules.
Service by certified mail, return receipt requested, shall not be complete until the claim or notice of intention is received by the defendant. Personal service upon any defendant shall be made in the same manner as described in the civil practice law and rules. The claim shall state the time when and place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained and, except in an action to recover damages for personal injury, medical, dental or podiatric malpractice or wrongful death, the total sum claimed.
A claim for the appropriation by the state of lands, or any right, title or interest in or to lands shall include an inventory or itemized statement of fixtures, if any, for which compensation is claimed. The notice of intention to file a claim shall set forth the same matters except that the items of damage or injuries and the sum claimed need not be stated.
The claim and notice of intention to file a claim shall be verified in the same manner as a complaint in an action in the supreme court.
Any objection or defense based upon failure to comply with i the time limitations contained in section ten of this act, ii the manner of service requirements set forth in subdivision a of this section, or iii the verification requirements as set forth in subdivision b of this section is waived unless raised, with particularity, either by a motion to dismiss made before service of the responsive pleading is required or in the responsive pleading, and if so waived the court shall not dismiss the claim for such failure.
Section a. Filing fee 1. The clerk of the court of claims shall require for the filing of a claim a fee of fifty dollars. The fee shall be payable in advance, unless a motion, affidavit, or certification pursuant to section eleven hundred one of the civil practice law and rules is filed with the claim, in which case the provisions of such section shall be applicable.
The court shall award to a prevailing claimant as a taxable disbursement the actual amount of any fee paid to file a claim. Conditions of judgment. In no case shall any liability be implied against the state.
No judgment shall be granted on any claim against the state except upon such legal evidence as would establish liability against an individual or corporation in a court of law or equity. No judgment shall be awarded to any claimant on any claim which, as between citizens of the state, would be barred by lapse of time.
Claims shall be heard and judgments thereon rendered by one judge, provided, however, that the presiding judge may order any claim or claims to be heard or determined by more than one judge, but not more than three judges, in which event the judgments thereon shall be rendered upon the concurrence of two judges. All intermediate applications and motions may be heard and determined by one judge. Before any judgment shall be rendered for appropriation of land, the value of which exceeds five thousand dollars the judge rendering or one of the judges concurring in the judgment shall view the premises affected thereby.
Court rooms for sessions. The sheriff of any county, except Albany, shall furnish for the use of the court suitable rooms in the court house of his county for any session ordered to be held thereat and shall, if requested, attend said session. His fees for attendance shall be paid out of the contingent fund of the court at the same rate as for attending a term of the supreme court in that county.
Procedure upon interpleader; when independent claim barred. Parties interpleaded shall be served with the order of interpleader, personally or by publication in manner provided for the service of a citation in the surrogate's court, except that in the case of a claim for land appropriated publication in one newspaper published in the county where such land is located, once in each of four successive weeks, shall be sufficient unless otherwise ordered by such court or judge.
Within three months from the time a party is so brought in he may file a claim independently of the claim to which he has been made a party. If he fails so to do, he may not thereafter file such an independent claim except by permission granted by order of the court, after notice to the attorney-general, pursuant to subdivision five of section ten of this act.
Substitution of assignee or legal representative of claimant. Proceedings as to evidence in appropriation cases. Such notice by the attorney-general shall be served upon all claimants or their attorneys named in the claim; or if served on behalf of a claimant, shall be served upon the attorney-general and upon all other claimants or their attorneys named in the claim.
Where the court has received and accepted evidence of the price and other terms upon any sale or of the rent reserved and other terms upon any lease of property in the vicinity of the parcel taken, the court may, in its discretion, view such properties.
Upon the trial evidence showing the amount or valuation for which each parcel of such real property taken has been assessed for purposes of taxation on the city, town or village assessment rolls, wherein the real property is situated, for each of the three years preceding the date of said taking shall be received in evidence, such assessed valuation, in case only part of an entire plot in a single ownership is to be acquired, shall include the valuation of all buildings encroaching upon or within the bounds of the taking provided, however, that when offered such evidence shall be subject to objection upon any legal ground.
Examinations before trial. By the state. The attorney-general, upon five days' notice to the attorney for the claimant or to the claimant if there be no attorney, may require any person filing a notice of claim for any cause whatever against the state to be sworn before him or one of his deputies or assistants within the county of the claimant's residence, relating to such claim, and when so sworn, to answer orally as to any facts relative to the justness of such claim.
In any such claim brought for personal injuries where the state shall have availed itself of an examination pursuant to section seventeen-a of this article the state shall not be entitled to an examination upon oral questions. Whenever any claim for the appropriation of property is pending or has been determined in the court of claims and the attorney-general is required by law to examine the title of the claimant thereto, prior to the payment of an award, the attorney-general may require such claimant to be sworn before him or one of his deputies or assistants within the county of the claimant's residence, or if the claimant be a corporation within the county where its principal place of business in this state is located, or if the claimant be a non-resident within the county where the property is situated, relating to such title, and when so sworn, to answer orally as to any facts relative to the title of such property.
The attorney-general may also require such claimant to file with him an affidavit stating any material facts relating to such title. Wilful false swearing before the attorney-general or his deputy or assistant is perjury and punishable as such. By the claimant. Examination before trial by the claimant shall be available as provided in subdivision f of section thirty-one hundred two of the civil practice law and rules.
Examination of notices of intention to file a claim. Wherever a notice of intention to file a claim is served, the defendant shall have the right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made, which examination shall be upon oral questions unless the parties otherwise stipulate and may include a physical examination of the claimant by a duly qualified physician. If the party to be examined desires, he or she is entitled to have such physical examination in the presence of his or her own personal physician and such relative or other person as he or she may elect.
Exercise of the right to demand a physical examination of the claimant as provided in this section shall in no way affect the right of a defendant in a subsequent claim brought upon the notice of intention to file a claim to demand a physical examination of the claimant pursuant to statute or court rule.
The demand for examination as provided in subdivision one of this section shall be made by the attorney for the defendant or by such officer, agent or employee as may be designated by him for that purpose. The demand shall be in writing and shall be served personally or by registered or certified mail upon the claimant unless the claimant is represented by an attorney, when it shall be served personally or by mail upon his or her attorney.
The demand shall give reasonable notice of the examination. It shall state the person before whom the examination is to be held, the time, place and subject matter thereof and, if a physical examination is to be required, it shall so state.
No demand for examination shall be effective against the claimant for any purpose unless it shall be served as provided in this subdivision within ninety days from the date of service of the notice of intention to file a claim.
In any examination required pursuant to the provisions of this section the claimant shall have the right to be represented by counsel.
The examination shall be conducted upon oath or affirmation. The officer or person before whom the examination is held shall take down or cause to be taken down every question and answer unless the parties consent that only the substance of the testimony be inserted. The testimony so taken, together with the report of the examining physician where a physical examination is required, shall constitute the record of the examination.
The transcript of the record of an examination, including a copy of the report of the examining physician shall not be subject to or available for public inspection, except upon court order upon good cause shown, but shall be furnished to the claimant or his or her attorney upon request.
A transcript of the testimony taken at an examination pursuant to the provisions of this section, including a copy of the report of the examining physician, may be read in evidence by either party, in a claim founded upon the notice of intention to file a claim in connection with which it was taken, at the trial thereof or upon assessment of damages or upon motion.
In an action by an executor or administrator to recover damages for a wrongful act, neglect or default by which a decedent's death was caused, the testimony of such decedent taken pursuant to the provisions of this section in respect of such wrongful act, neglect or default may be read in evidence.
Where a demand for examination has been served as provided in subdivision two of this section no claim shall be commenced against the defendant against which the notice of intention to file a claim is made unless the claimant has duly complied with such demand for examination, which compliance shall be in addition to the requirements of sections ten and eleven of this chapter. If such examination is not conducted within ninety days of service of the demand, the claimant may commence the claim.
The claim, however, may not be commenced until compliance with the demand for examination if the claimant fails to appear at the hearing or requests an adjournment or postponement beyond the ninety day period. If the claimant requests an adjournment or postponement beyond the ninety day period, the defendant shall reschedule the hearing for the earliest date available. Expense of procuring testimony on commission or deposition. When testimony is taken on commission or deposition at the instance of the claimant, the expense thereof including the fees of the commissioner, shall be paid by the claimant; and when taken at the instance of the state, such fees and all expenses incurred by the attorney-general shall be paid by the state.
Proceeding upon failure of claimant to file claim within six months or to appear or proceed. If a claim which bears interest, is not filed until more than six months after the accrual of said claim, no interest shall be allowed between the expiration of six months from the time of such accrual and the time of the filing of such claim. If, when any such claim is reached for trial, the claimant fails to appear or is not ready to proceed to the trial thereof, the court, in its discretion, may proceed forthwith to take proofs and testimony therein offered by the state or otherwise, and may make an award in accordance therewith and cause a judgment to be entered therein.
If, in such case, the court shall decide not to proceed with the trial or shall thereafter open claimant's default and restore the claim to the calendar, the court shall not allow interest upon such claim between said date of adjournment or dismissal and the entry of judgment, unless, in the exercise of its discretion, for good cause shown, the court shall otherwise determine.
Claims may be dismissed for failure to appear or prosecute or be restored to the calendar for good cause shown, in the discretion of the court.
Where an award is made for the appropriation by the state of real property or any interest therein or for damages to real property caused by the state, interest thereon, if any, shall be suspended by the clerk of the court in and by the judgment from the expiration of thirty days after notification in writing by the attorney-general to the claimant or his attorney that the attorney-general is ready and willing to approve title to the property covered by the award upon the presentation to him of proper proofs, instruments and vouchers, to the date of such presentation, unless otherwise ordered by the court or a judge thereof on an application by the claimant or his attorney, made prior to the entry of judgment and on notice to the attorney-general, showing a satisfactory reason why interest should not be suspended.
Before the entry of judgment, the attorney-general shall notify the clerk of the court in writing of the period of time, if any, during which interest on the award shall be suspended pursuant to this subdivision. Judgments and payment thereof. Different Judges require different proof to decide your fee waiver request. So, the court may ask you to submit additional items to prove you do not have the money to pay your court costs.
Here are some examples of fee waiver forms that may be helpful to give you an idea of what information the court wants to know. Remember, each court may have different requirements so only use these forms as a guide. Call the court for help. If you are starting the case, you do not have to serve the fee waiver request papers before submitting your papers to the Judge.
Except, if you are e-filing your papers, you must get a fee waiver and upload the fee waiver order before you can submit your papers. If the case has already started and you are asking for fees to be waived, you have to serve all the parties in the case with your fee waiver request papers.
If the court denies the request for a fee waiver, you will have to pay the fee for starting the case. Skip to Main Content. Court Fees and Costs Many courts charge money to start a court case.
Asking for a Fee Waiver A fee waiver request must be made by filing a Motion with the court. What to Say in a Fee Waiver Request The Affidavit given to the Court to support your fee waiver request should include the following information: state that you are unable to pay the costs, fees and expenses needed to start or defend the case or to start or answer an appeal ; explain the nature of the case, tell the court what the case is about; include facts about your case that show there is merit to your claims; include a detailed explanation of the amount and sources of your income; include a detailed list of your property with its value; indicate whether any other person would benefit from any award in your case, and if so, whether that person is unable to pay the costs fees and expenses.
Sample forms: Supreme Court form Inmate form Appellate Division form Civil Court form Notice If you are starting the case, you do not have to serve the fee waiver request papers before submitting your papers to the Judge.
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