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S09857 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      June 6, 2024
        Introduced  by  Sen. HOYLMAN-SIGAL -- (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules
        AN ACT to amend the court of claims act, in  relation  to  allowing  for
          dismissal of a claim based on claimant's failure to comply with plead-
          ing requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 11 of the court of claims act is amended by  adding
     2  a new subdivision d to read as follows:
     3    d. A claimant may, at any time after the timely service of a notice of
     4  intention  or  timely filing and service of a claim, and at any stage of
     5  the action, apply to the court for  permission  to  correct  a  mistake,
     6  omission,  irregularity,  or  defect made in good faith in the notice of
     7  intention or claim required to be served by this section, not pertaining
     8  to the manner or time of filing  and  service  thereof.  The  notice  of
     9  intention  and/or  claim  may be corrected, supplied, or disregarded, as
    10  the case may be, in the discretion  of  the  court,  provided  it  shall
    11  appear that the other party was not prejudiced thereby.
    12    If  such  permission  is granted, the notice of intention and/or claim
    13  shall be deemed corrected nunc pro  tunc.  The  application  to  correct
    14  shall  be  accompanied  by  a  copy  of the proposed corrected notice of
    15  intention and/or claim.
    16    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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