N.Y. Court of Claims Act § 19: Proceeding upon failure of claimant to file claim within six months or to appear or proceed

§ 19. Proceeding upon failure of claimant to file claim within six

months or to appear or proceed. 1. If a claim which bears interest, is

not filed until more than six months after the accrual of said claim, no

interest shall be allowed between the expiration of six months from the

time of such accrual and the time of the filing of such claim.

2. If, when any such claim is reached for trial, the claimant fails to

appear or is not ready to proceed to the trial thereof, the court, in

its discretion, may proceed forthwith to take proofs and testimony

therein offered by the state or otherwise, and may make an award in

accordance therewith and cause a judgment to be entered therein. If, in

such case, the court shall decide not to proceed with the trial or shall

thereafter open claimant's default and restore the claim to the

calendar, the court shall not allow interest upon such claim between

said date of adjournment or dismissal and the entry of judgment, unless,

in the exercise of its discretion, for good cause shown, the court shall

otherwise determine.

3. Claims may be dismissed for failure to appear or prosecute or be

restored to the calendar for good cause shown, in the discretion of the

court.

4. Where an award is made for the appropriation by the state of real

property or any interest therein or for damages to real property caused

by the state, interest thereon, if any, shall be suspended by the clerk

of the court in and by the judgment from the expiration of thirty days

after notification in writing by the attorney-general to the claimant or

his attorney that the attorney-general is ready and willing to approve

title to the property covered by the award upon the presentation to him

of proper proofs, instruments and vouchers, to the date of such

presentation, unless otherwise ordered by the court or a judge thereof

on an application by the claimant or his attorney, made prior to the

entry of judgment and on notice to the attorney-general, showing a

satisfactory reason why interest should not be suspended.

Before the entry of judgment, the attorney-general shall notify the

clerk of the court in writing of the period of time, if any, during

which interest on the award shall be suspended pursuant to this

subdivision.