§ 20 — Judgments and payment thereof

New York § 20

• Jurisdiction: New York
• Law CTC: Court of Claims
• Art. 3: Practice Provisions

Text

§ 20. Judgments and payment thereof. 1. The determination of the court\nupon a claim shall be by a judgment to be entered, certified and served\nas provided by the rules of the court.\n 2. If the claim arises in a case where the state seeks to appropriate\nor has appropriated land for a public use, the judgment shall contain a\ndescription of such land.\n 3. For all purposes, including filing and docketing, a judgment\nrendered in the court of claims in favor of the state shall be deemed to\nhave been rendered in the county of Albany, and a transcript of such\njudgment, certified by the clerk of the court, may be filed and docketed\nin the clerk's office of Albany county and enforced in the same manner\nand have the same effect as a judgment of the supreme court.\n 4. A judgment against claimant on any claim prosecuted as provided in\nthis act shall forever bar any further claim or demand against the state\narising out of the matters involved in the controversy.\n 5. The comptroller upon the consent of the attorney-general may pay\nsuch portion of the judgment of the court of claims from which appeal\nhas not been taken by the state. On motion, the appellate division to\nwhich appeal has been taken may, pending appeal, by order direct the\ncomptroller to pay such portions of the judgment from which appeal has\nnot been taken by the state. Any such payment shall be without prejudice\nto the rights of the state or the claimant on such appeal.\n 5-a. Where an appeal has been taken by either the claimant or the\nstate or by both the claimant and the state from all or part of a\njudgment of the court of claims, the comptroller, upon the\nrecommendation of the attorney general may deposit in a special account\nall or any part of the amount directed to be paid in the judgment.\nInterest on the amount deposited shall not be allowed from the\nexpiration of twenty days after notification in writing by the\ncomptroller to the claimant or his attorney that the comptroller is\nready and willing to pay said amount upon presentation of the\ninstruments and vouchers required by law to be filed in his office. Upon\npresentation of such instruments and vouchers the comptroller is\nauthorized to pay said amount, with interest as herein provided, to the\nclaimant. Any such deposit or payment shall be without prejudice to the\nrights of the state or the claimant on such appeal.\n 6. No such judgment shall be paid until there shall be filed with the\ncomptroller a copy thereof duly certified by the clerk of the court of\nclaims together with a certificate of the attorney-general that no\nappeal has been or will be taken by the state from the judgment or part\nthereof specified in the certificate, and a release and waiver by the\nattorney for the claimant of any lien for services upon said claimant's\ncause of action, claim, award, verdict, report, decision or judgment in\nfavor of said claimant, which said attorney may have thereon under and\nby virtue of section four hundred and seventy-five of the judiciary law;\nand where an award is made by reason of the appropriation of land or any\ninterest therein for a public use or for damages to land caused by the\nstate, there shall also be filed with the comptroller, a satisfactory\nabstract of title and certificate of search as to incumbrances, showing\nthe person demanding such damages to be legally entitled thereto.\n 6-a. Notwithstanding the provisions of subdivisions five, five-a and\nsix of this section, in any case where a judgment or any part thereof is\nto be paid to an incarcerated individual serving a sentence of\nimprisonment with the state department of corrections and community\nsupervision or to a prisoner confined at a local correctional facility,\nthe comptroller shall give written notice, if required pursuant to\nsubdivision two of section six hundred thirty-two-a of the executive\nlaw, to the office of victim services that such judgment shall be paid\nthirty days after the date of such notice.\n 7. Interest shall be allowed on each judgment of the court of claims\nfrom the date thereof until payment is actually made, provided, however,\nthat interest shall be suspended and shall not be allowed:\n a. In the event a certificate of no appeal is not forwarded by the\nclaimant to the office of the comptroller of the state of New York\nwithin thirty days from date of mailing said certificate to the claimant\nby the attorney general, then interest shall be suspended from date of\nmailing to date of receipt of said certificate by the comptroller.\n b. In the event a satisfaction of judgment and waiver of attorney's\nlien is not forwarded within thirty days after mailing of said\nsatisfaction of judgment and waiver of attorney's lien by the attorney\ngeneral, interest shall be suspended for that period of time from the\ndate of mailing the satisfaction of judgment and waiver of attorney's\nlien to the date that the same is received by the comptroller.\n 8. The provisions of this section as to limitation of interest shall\nnot apply, however, to judgments paid from the various trust funds or\nsinking funds of the state, which funds shall be entitled to interest\nuntil the twentieth day after an appropriation is available for the\nreimbursement thereof or until payment, if payment be sooner made.\n 9. Notwithstanding any other provision of law, when any advance\npayment has been made pursuant to any statute relating to the\nappropriation of property by the state, the comptroller, on paying the\njudgment of the court of claims for the real property acquired, shall\ndeduct from the total amount awarded as principal and interest the\namount of principal paid under the terms of the partial payment offer\nand all interest thereon; and only the balance of such judgment shall be\npayable.\n 10. On or before January fifteenth the comptroller, in consultation\nwith the department of law and other agencies as may be appropriate,\nshall submit to the governor and the legislature an annual accounting of\njudgments and interest paid pursuant to this section during the\npreceding and current fiscal years. Such accounting shall include, but\nnot be limited to the number, type and amount of claims so paid, as well\nas an estimate of claims to be paid during the remainder of the current\nfiscal year and during the following fiscal year.\n