S T A T E O F N E W Y O R K
________________________________________________________________________
5552
1999-2000 Regular Sessions
I N S E N A T E
April 29, 1999
___________
Introduced by Sen. LACK -- (at request of the Judiciary) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Judiciary
AN ACT to amend the court of claims act, in relation to service of proc-
ess
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision a of section 11 of the court of claims act, as
2 amended by chapter 466 of the laws of 1995, is amended to read as
3 follows:
4 a. (I) The claim shall be filed with the clerk of the court; and,
5 except in the case of a claim for the appropriation by the state of
6 lands, a copy shall be served personally or by certified mail, return
7 receipt requested, upon the attorney general within the times hereinbe-
8 fore provided for filing with the clerk of the court. Any notice of
9 intention shall be served personally or by certified mail, return
10 receipt requested, upon the attorney general within the times hereinbe-
11 fore provided for service upon the attorney general. Service by certi-
12 fied mail, return receipt requested, upon the attorney general shall not
13 be complete until the claim or notice of intention is received in the
14 office of the attorney general. Personal service upon the attorney
15 general shall be made in the same manner as described in section three
16 hundred seven of the civil practice law and rules.
17 (II) IN ANY ACTION BROUGHT IN THE COURT OF CLAIMS AGAINST THE NEW YORK
18 STATE THRUWAY AUTHORITY, THE CITY UNIVERSITY OF NEW YORK, THE NEW YORK
19 STATE POWER AUTHORITY, THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, OR
20 ANY OTHER DEFENDANT, OTHER THAN THE STATE OF NEW YORK, OVER WHOM JURIS-
21 DICTION LIES IN THE COURT OF CLAIMS, A COPY OF THE CLAIM SHALL BE SERVED
22 PERSONALLY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, UPON SUCH
23 DEFENDANT, IN ADDITION TO THE ATTORNEY GENERAL, WITHIN THE TIMES
24 HEREINBEFORE PROVIDED FOR FILING WITH THE CLERK OF THE COURT, AND ANY
25 NOTICE OF INTENTION SHALL BE SERVED PERSONALLY OR BY CERTIFIED MAIL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08883-02-9
S. 5552 2
1 RETURN RECEIPT REQUESTED, UPON SUCH DEFENDANT, IN ADDITION TO THE ATTOR-
2 NEY GENERAL, WITHIN THE TIMES HEREINBEFORE PROVIDED FOR SERVICE UPON THE
3 ATTORNEY GENERAL. SERVICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
4 SHALL NOT BE COMPLETE UNTIL THE CLAIM OR NOTICE OF INTENTION IS RECEIVED
5 BY THE DEFENDANT. PERSONAL SERVICE UPON ANY DEFENDANT SHALL BE MADE IN
6 THE SAME MANNER AS DESCRIBED IN THE CIVIL PRACTICE LAW AND RULES.
7 S 2. This act shall take effect on the first day of January next
8 succeeding the date on which it shall have become a law and shall apply
9 to all actions brought on or after such date.
.SO DOC S 5552 *END* BTXT 1999
Bill S05552
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