N.Y. Ct. Cl. Act § 20

Current through 2024 NY Law Chapter 457
Section 20 - Judgments and payment thereof
1. The determination of the court upon a claim shall be by a judgment to be entered, certified and served as provided by the rules of the court.
2. If the claim arises in a case where the state seeks to appropriate or has appropriated land for a public use, the judgment shall contain a description of such land.
3. For all purposes, including filing and docketing, a judgment rendered in the court of claims in favor of the state shall be deemed to have been rendered in the county of Albany, and a transcript of such judgment, certified by the clerk of the court, may be filed and docketed in the clerk's office of Albany county and enforced in the same manner and have the same effect as a judgment of the supreme court.
4. A judgment against claimant on any claim prosecuted as provided in this act shall forever bar any further claim or demand against the state arising out of the matters involved in the controversy.
5. The comptroller upon the consent of the attorney-general may pay such portion of the judgment of the court of claims from which appeal has not been taken by the state. On motion, the appellate division to which appeal has been taken may, pending appeal, by order direct the comptroller to pay such portions of the judgment from which appeal has not been taken by the state. Any such payment shall be without prejudice to the rights of the state or the claimant on such appeal.
5-a. Where an appeal has been taken by either the claimant or the state or by both the claimant and the state from all or part of a judgment of the court of claims, the comptroller, upon the recommendation of the attorney general may deposit in a special account all or any part of the amount directed to be paid in the judgment. Interest on the amount deposited shall not be allowed from the expiration of twenty days after notification in writing by the comptroller to the claimant or his attorney that the comptroller is ready and willing to pay said amount upon presentation of the instruments and vouchers required by law to be filed in his office. Upon presentation of such instruments and vouchers the comptroller is authorized to pay said amount, with interest as herein provided, to the claimant. Any such deposit or payment shall be without prejudice to the rights of the state or the claimant on such appeal.
6. No such judgment shall be paid until there shall be filed with the comptroller a copy thereof duly certified by the clerk of the court of claims together with a certificate of the attorney-general that no appeal has been or will be taken by the state from the judgment or part thereof specified in the certificate, and a release and waiver by the attorney for the claimant of any lien for services upon said claimant's cause of action, claim, award, verdict, report, decision or judgment in favor of said claimant, which said attorney may have thereon under and by virtue of section four hundred and seventy-five of the judiciary law; and where an award is made by reason of the appropriation of land or any interest therein for a public use or for damages to land caused by the state, there shall also be filed with the comptroller, a satisfactory abstract of title and certificate of search as to incumbrances, showing the person demanding such damages to be legally entitled thereto.
6-a. Notwithstanding the provisions of subdivisions five, five-a and six of this section, in any case where a judgment or any part thereof is to be paid to an incarcerated individual serving a sentence of imprisonment with the state department of corrections and community supervision or to a prisoner confined at a local correctional facility, the comptroller shall give written notice, if required pursuant to subdivision two of section six hundred thirty-two-a of the executive law, to the office of victim services that such judgment shall be paid thirty days after the date of such notice.
7. Interest shall be allowed on each judgment of the court of claims from the date thereof until payment is actually made, provided, however, that interest shall be suspended and shall not be allowed:
a. In the event a certificate of no appeal is not forwarded by the claimant to the office of the comptroller of the state of New York within thirty days from date of mailing said certificate to the claimant by the attorney general, then interest shall be suspended from date of mailing to date of receipt of said certificate by the comptroller.
b. In the event a satisfaction of judgment and waiver of attorney's lien is not forwarded within thirty days after mailing of said satisfaction of judgment and waiver of attorney's lien by the attorney general, interest shall be suspended for that period of time from the date of mailing the satisfaction of judgment and waiver of attorney's lien to the date that the same is received by the comptroller.
8. The provisions of this section as to limitation of interest shall not apply, however, to judgments paid from the various trust funds or sinking funds of the state, which funds shall be entitled to interest until the twentieth day after an appropriation is available for the reimbursement thereof or until payment, if payment be sooner made.
9. Notwithstanding any other provision of law, when any advance payment has been made pursuant to any statute relating to the appropriation of property by the state, the comptroller, on paying the judgment of the court of claims for the real property acquired, shall deduct from the total amount awarded as principal and interest the amount of principal paid under the terms of the partial payment offer and all interest thereon; and only the balance of such judgment shall be payable.
10. On or before January fifteenth the comptroller, in consultation with the department of law and other agencies as may be appropriate, shall submit to the governor and the legislature an annual accounting of judgments and interest paid pursuant to this section during the preceding and current fiscal years. Such accounting shall include, but not be limited to the number, type and amount of claims so paid, as well as an estimate of claims to be paid during the remainder of the current fiscal year and during the following fiscal year.

N.Y. Court of Claims Law § 20

Amended by New York Laws 2021 , ch. 322, Sec. 247, eff. 8/2/2021.