Get documents about "RETRIEVE BILL Page of STATUS Karben MS Court of
Document Sample
RETRIEVE BILL Page 1 of 4
STATUS:
A8174 Karben (MS)
Court of Claims Act
TITLE....Provides any objection or defense based upon failure to comply with verification requirements is waived
unless raised
This bill is not active in the current session.
05/10/05 referred to judiciary
05/24/05 reported
05/26/05 advanced to third reading cal.804
05/31/05 passed assembly
05/31/05 delivered to senate
05/31/05 REFERRED TO RULES
06/15/05 SUBSTITUTED FOR S5574
06/15/05 3RD READING CAL.1526
06/15/05 PASSED SENATE
06/15/05 RETURNED TO ASSEMBLY
07/28/05 delivered to governor
08/09/05 signed chap.460
Chapter B 08/09/2005
VOTING:
06/15/05 A8174 Senate Vote Aye: 61 Nay: 0
06/15/05 A8174 Senate Vote Aye: 61 Nay: 0
Aye Alesi Aye Andrews Aye Balboni Aye Bonacic
Aye Breslin Aye Brown Aye Bruno Aye Connor
Aye DeFrancisco Aye Diaz Aye Dilan Aye Duane
Aye Farley Aye Flanagan Aye Fuschillo Aye Golden
Hassell-
Aye Gonzalez Aye Hannon Aye Thompson Aye Johnson
Aye Klein Aye Krueger Aye Kruger Aye Larkin
Aye LaValle Aye Leibell Aye Libous Aye Little
Aye Maltese Aye Marcellino Aye Marchi Aye Maziarz
Aye Meier Aye Montgomery Aye Morahan Aye Nozzolio
Aye Onorato Aye Oppenheimer Aye Padavan Aye Parker
Aye Paterson Aye Rath Aye Robach Aye Sabini
Exc Saland Aye Sampson Aye Savino Aye Schneiderman
Aye Serrano Aye Seward Aye Skelos Aye Smith A
Aye Smith M Aye Spano Aye Stachowski Aye Stavisky
Aye Trunzo Aye Valesky Aye Volker Aye Winner
Aye Wright Aye Young
05/31/05 A8174 Assembly Vote Yes: 140 No : 1
Yes Abbate Yes Acampora Yes Alfano Yes Arroyo
Yes Aubertine Yes Aubry Yes Bacalles Yes Barclay
Yes Barra ER Barraga Yes Benedetto ER Benjamin
Yes Bing Yes Boyland Yes Bradley Yes Brennan
Yes Brodsky Yes Brown Yes Burling Yes Butler
Yes Cahill Yes Calhoun Yes Canestrari Yes Carrozza
ER Casale P Yes Christensen Yes Clark Yes Cohen
Yes Colton Yes Conte Yes Cook Yes Crouch
Yes Cusick Yes Cymbrowitz Yes DelMonte Yes Destito
Yes Diaz L Yes Diaz R Yes DiNapoli Yes Dinowitz
Yes Eddington Yes Englebright Yes Errigo Yes Espaillat
Yes Farrell Yes Fields Yes Finch Yes Fitzpatrick
Yes Galef Yes Gantt Yes Gianaris Yes Glick
http://public.leginfo.state.ny.us/bstfrmef.cgi 10/5/2006
RETRIEVE BILL Page 2 of 4
Yes Gordon Yes Gottfried Yes Grannis Yes Green
Yes Greene Yes Gunther A Yes Hayes Yes Heastie
Yes Hevesi Yes Hikind ER Hooker Yes Hooper
Yes Hoyt Yes Ignizio Yes Jacobs Yes John
Yes Karben Yes Kirwan Yes Kolb Yes Koon
Yes Lafayette Yes Latimer Yes Lavelle Yes Lavine
Yes Lentol Yes Lifton Yes Lopez Yes Lupardo
Yes Magee Yes Magnarelli Yes Manning Yes Markey
Yes Mayersohn Yes McDonald Yes McDonough Yes McEneny
Yes McLaughlin ER Meng Yes Miller Yes Millman
Yes Mirones Yes Morelle Yes Mosiello Yes Nesbitt
Yes Nolan Yes Norman Yes Oaks Yes O'Connell
Yes O'Donnell Yes O'Mara Yes Ortiz Yes Ortloff
Yes Parment Yes Paulin No Peoples Yes Peralta
ER Perry Yes Pheffer Yes Powell Yes Pretlow
Yes Quinn Yes Rabbitt Yes Raia Yes Ramos
Yes Reilich Yes Reilly Yes Rivera J Yes Rivera N
Yes Rivera P Yes Robinson Yes Saladino ER Sanders
Yes Sayward Yes Scarborough Yes Schimminger Yes Schroeder
Yes Scozzafava Yes Seddio Yes Seminerio ER Stephens
Yes Stringer Yes Sweeney Yes Tedisco Yes Thiele
Yes Titus Yes Tokasz Yes Tonko Yes Towns
Yes Townsend Yes Walker Yes Weinstein Yes Weisenberg
Yes Weprin Yes Wirth Yes Wright Yes Zebrowski
Yes Mr. Speaker
SPONSORS MEMO:
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)
BILL NUMBER: A8174
SPONSOR: Karben (MS)
TITLE OF BILL: An act to amend the court of claims act, in relation
to contents of claim or notice of intention to bring claim in court of
claims
PURPOSE:
This bill clarifies the procedure for objecting to a failure to verify a
claim.
SUMMARY OF PROVISIONS:
This bill adds a new paragraph (iii) to section 11 (c) of the Court of
Claims Act, to provide that an objection to the failure of a claimant to
comply with the verification requirements could be raised either in the
responsive pleading or by a pre-answer motion to dismiss.
EXISTING LAW:
Section 11 (b) of the Court of Claims Act requires that a claim and
notice of intention to file a claim must be verified.
http://public.leginfo.state.ny.us/bstfrmef.cgi 10/5/2006
RETRIEVE BILL Page 3 of 4
JUSTIFICATION:
In the Court of Claims, unlike Supreme Court, verification of a notice
of intention or claim is a jurisdictional requirement. Thus, the tradi-
tional response to a pleading where there was a failure to verify was by
motion or answer. However, in Lepkowski v. State, 1 NY 3rd 201 (2003),
the Court of Appeals held "that the State must follow the steps in CPLR
3022 in order to preserve any objection that a Claim or Notice of Inten-
tion does not comply with the verification requirements in Section 11
(b)."
CPLR 3022 provides that where a pleading is served without sufficient
verification, the adverse party may treat it as a nullity, provided that
notice of that treatment is given to the attorney for the adverse party.
After Lepkowski, the Office of the Attorney General modified its former
practice and followed Rule 3022. Since an unverified Notice of Intention
or Claim is, after rejection, a nullity, no answer or motion is filed.
However, divergent opinions about the procedure to be followed have
arisen among the Judges of the Court of Claims. Judge Minarik, in Lake
v. State (Claim No.1 09345, M-68779), followed Lepkowski and considered
the rejected improperly verified Claim to be a nullity without requiring
a motion or answer. However, in Meyers v. State (Claim No. 109325,
M-69072, M. 69135), Judge Collins did not consider the rejected claim a
nullity, and required a motion to dismiss or an answer, saying that the
lack of verification must be raised as a jurisdictional defense.
With a division among Court of Claims judges following Lepkowski as to
whether unverified claims are a nullity or require a response, legis-
lation is needed to specify the appropriate procedure. This bill would
appropriately clarify that a jurisdictional defense be raised by motion
or answer.
LEGISLATIVE HISTORY:
This is a new proposal.
FISCAL IMPLICATIONS:
There are no fiscal implications.
EFFECTIVE DATE:
The bill is effective immediately.
CHAPTER TEXT:
LAWS OF NEW YORK, 2005
CHAPTER 460
AN ACT to amend the court of claims act, in relation to contents of
claim or notice of intention to bring claim in court of claims
Became a law August 9, 2005, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
http://public.leginfo.state.ny.us/bstfrmef.cgi 10/5/2006
RETRIEVE BILL Page 4 of 4
Section 1. Subdivision c of section 11 of the court of claims act, as
added by chapter 625 of the laws of 1990, is amended to read as follows:
c. Any objection or defense based upon failure to comply with (i) the
time limitations contained in section ten of this act, [or] (ii) the
manner of service requirements set forth in subdivision a of this
section, or (iii) with the verification requirements as set forth in
subdivision b of this section and rule three thousand twenty-two of the
civil practice law and rules is waived unless raised, with particulari-
ty, either by a motion to dismiss made before service of the responsive
pleading is required or in the responsive pleading, and if so waived the
court shall not dismiss the claim for such failure.
§ 2. This act shall take effect immediately.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assemblyitalics is new; matter in
to be omitted.
http://public.leginfo.state.ny.us/bstfrmef.cgi 10/5/2006
Related docs
