Legislation
SECTION 20-A
Settlement of claims
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 3
§ 20-a. Settlement of claims. Notwithstanding any inconsistent
provision of this act or of the state finance law, the comptroller shall
examine, audit, and certify for payment the settlement of any claim
filed in the court of claims for injuries to personal property, real
property, or for personal injuries caused by the tort of an officer or
employee of the state while acting as such officer or employee, provided
that a stipulation of settlement executed by the parties shall have been
approved by order of the court. No such stipulation shall be executed on
behalf of the state without, after consultation with the director of the
budget, the approval of the head of the department or agency having
supervision of the officer or employee alleged to have caused the
injuries and of the attorney general. The attorney general shall cause a
review to be made within the department of law of all cases filed in the
court of claims to determine which cases are appropriate for possible
settlement. Payment of any claim made pursuant to the approval of a
settlement by the court shall be made from the funds appropriated for
the purpose of payment of judgments against the state pursuant to
section twenty of this act. In any case where payment is to be made 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 procedures set
forth in subdivision six-a of section twenty of this article shall be
followed. 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 settlements 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.
provision of this act or of the state finance law, the comptroller shall
examine, audit, and certify for payment the settlement of any claim
filed in the court of claims for injuries to personal property, real
property, or for personal injuries caused by the tort of an officer or
employee of the state while acting as such officer or employee, provided
that a stipulation of settlement executed by the parties shall have been
approved by order of the court. No such stipulation shall be executed on
behalf of the state without, after consultation with the director of the
budget, the approval of the head of the department or agency having
supervision of the officer or employee alleged to have caused the
injuries and of the attorney general. The attorney general shall cause a
review to be made within the department of law of all cases filed in the
court of claims to determine which cases are appropriate for possible
settlement. Payment of any claim made pursuant to the approval of a
settlement by the court shall be made from the funds appropriated for
the purpose of payment of judgments against the state pursuant to
section twenty of this act. In any case where payment is to be made 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 procedures set
forth in subdivision six-a of section twenty of this article shall be
followed. 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 settlements 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.