(a) the secretary of state shall set and notify the public, on his or
her website, of times, places and manner of service upon him or her of
notices of claims necessary to comply with the provisions of this
section;
(b) upon receipt of a notice of claim, the secretary of state shall
issue a receipt or other document acknowledging his or her receipt of
such notice, and such receipt shall contain the date and time of receipt
of the notice, an identifying number or name particular to the notice
received, and the logo or seal of the department of state embossed upon
it. Such receipt shall be prima facie evidence of service upon the
secretary of state for all purposes;
(c) nothing in this section shall be deemed to alter, waive or
otherwise abrogate any defense available to a public corporation as to
the nature, sufficiency, or appropriateness of the notice of claim
itself, or to any challenges to the timeliness of the service of a
notice of claim. Timely service upon the secretary of state shall be
deemed timely service upon the public corporation for purposes of
instituting an action or proceeding or other requirement imposed by law.
4. The secretary of state may impose a fee upon any person who serves
a notice of claim with the department. Such fee shall not exceed two
hundred fifty dollars for each such notice filed. One-half of the fee
imposed shall be retained by the secretary of state as payment for its
services provided in accordance with this section. The remaining
one-half of such fee shall be forwarded to the public corporation named
in the notice of claim provided, however, if more than one such public
corporation is named, each named public corporation shall be entitled to
an equal percentage of the one-half amount.
5. The secretary of state shall within sixty days after the effective
date of this section post on the departmental website a list of any
public corporation, including any public authority, public benefit
corporation or any other entity entitled to receive a notice of claim as
a condition precedent to commencement of an action or proceeding, and
that has filed, pursuant to this section, a certificate with the
secretary of state designating the secretary as the agent for service of
a notice of claim. The list should identify the entity, the post office
address and electronic mail address, if available, of the public
corporation to which the notice of claim shall be forwarded by the
secretary of state, and any statutory provisions uniquely pertaining to
such public corporation and the commencement of an action or proceeding
against it.
6. The secretary of state is authorized to promulgate any rules or
regulations necessary to implement the provisions of this section.
Structure New York Laws
Article 4 - Negligence and Malfeasance of Public Officers; Taxpayers' Remedies
50 - Cause of Action Not Barred.
50-A - Municipal Liability for Negligent Operation of Vehicles.
50-B - Municipal Liability for Negligent Operation of Vehicles or Other Facility of Transportation.
50-F - Recording of Notice of Claim.
50-G - Recording of Notice of Defect.
50-I - Presentation of Tort Claims; Commencement of Actions.
50-J - Liability of Police Officers for Negligence in the Performance of Duty.
50-J*2 - Civil Actions Against Correction Employees.
50-K - Civil Actions Against Employees of the City of New York.
50-L - Civil Actions Against Employees of the Nassau County Police Department.
51 - Prosecution of Officers for Illegal Acts.
52 - Liability Insurance for Officers and Employees.
53 - Alternative Service of Notice of Claim Upon the Secretary of State.