Amd S217-a, CPLR; amd SS50-e, 53, 50-h & 50-i, Gen Muni L; amd S20, NYC Health & Hosp Corp Act; amd S79, Chap
500 of 2012
Relates to the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation; amends chapter 500 of the laws of 2012, amending the civil practice law and rules, the general municipal law, the environmental conservation law, the public authorities law, the education law, the mental hygiene law, the private housing finance law, the facilities development corporation act, the administrative code of the city of New York, and chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey, relating to establishing a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation, in relation to the effectiveness thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1051
SPONSOR: Weinstein TITLE OF BILL: An act to amend the civil practice law and rules, the
general municipal law and the New York city health and hospitals corpo-
ration act, in relation to the filing of notices of claim prior to the
commencement of a cause of action against any state or municipal entity,
public authority or public benefit corporation; and to amend chapter 500
of the laws of 2012, amending the civil practice law and rules and other
laws, relating to establishing a uniform process and requirement for the
filing of notices of claim prior to the commencement of a cause of
action against any state or municipal entity, public authority or public
benefit corporation, in relation to the effectiveness thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill makes technical
corrections to chapter 500 of the laws of 2012, concerning the filing of
Notices of Claim against public corporations via the Secretary of State.
SUMMARY OF SPECIFIC PROVISIONS: This bill clarifies the definition of
"public corporation" referencing the General Construction Law; clarifies
the extent to which disbursements associated with service of a Notice of
Claim upon the Secretary of State are taxable; clarifies that an elec-
tronic mail address may be used by the Secretary of State to transmit a
Notice of Claim to the public corporation; permits the Secretary of
State to issue rules or regulations in order to implement service of
Notices of Claim upon the Secretary of State; extends from 90 to 100
days the time period in which a public corporation may request a hearing
pursuant to General Municipal Law Sec. 50-h, where a Notice of Claim was
served via the Secretary of State; extends from 30 to 40 days the time
period which must elapse subsequent to service of a Notice of Claim
prior to commencing a legal action.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Would amend the
General Municipal Law as described herein.
JUSTIFICATION: This chapter amendment makes technical changes to the
General Municipal Law to the extent that service of a Notice of Claim
against a public corporation is permitted. The most significant change
in the bill extends two time periods for a ten day period. The General
Municipal Law, at Sections 50-e, 50-h, and 50-i, gives public corpo-
rations the right to investigate and/or adjust claims against them with-
in 30 days of the filing of a Notice of Claim against them. Likewise,
existing law gives public corporations the right to conduct a hearing of
the claimant within 90 days of the filing of a Notice of Claim. Since
the Chapter of the Laws of 2012 which this bill is amending gives the
Secretary of State 10 days to transmit the Notice of Claim to the public
corporation, this chapter amendment extends the 30 and the 90 day time
periods referred to above, in the instance where service is effected via
the Secretary of State, by an additional 10 days, such that the public
corporation is not prejudiced by having their 30 and 90 day time periods
effectively shortened due to any time lag in the transmission of Notices
of Claim to the public corporation.
PRIOR LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: As per the same effective date of Ch. 500 of the Laws
of 2012. Specifically, 180 days from the date that said act shall
become law, with the exception of Sec. 4 of the above which takes effect
210 days from the date that said act shall become law.
