N.Y. Court of Claims Act § 20: Judgments and payment thereof

§ 20. Judgments and payment thereof. 1. The determination of the court

upon a claim shall be by a judgment to be entered, certified and served

as provided by the rules of the court.

2. If the claim arises in a case where the state seeks to appropriate

or has appropriated land for a public use, the judgment shall contain a

description of such land.

3. For all purposes, including filing and docketing, a judgment

rendered in the court of claims in favor of the state shall be deemed to

have been rendered in the county of Albany, and a transcript of such

judgment, certified by the clerk of the court, may be filed and docketed

in the clerk's office of Albany county and enforced in the same manner

and have the same effect as a judgment of the supreme court.

4. A judgment against claimant on any claim prosecuted as provided in

this act shall forever bar any further claim or demand against the state

arising out of the matters involved in the controversy.

5. The comptroller upon the consent of the attorney-general may pay

such portion of the judgment of the court of claims from which appeal

has not been taken by the state. On motion, the appellate division to

which appeal has been taken may, pending appeal, by order direct the

comptroller to pay such portions of the judgment from which appeal has

not been taken by the state. Any such payment shall be without prejudice

to the rights of the state or the claimant on such appeal.

5-a. Where an appeal has been taken by either the claimant or the

state or by both the claimant and the state from all or part of a

judgment of the court of claims, the comptroller, upon the

recommendation of the attorney general may deposit in a special account

all or any part of the amount directed to be paid in the judgment.

Interest on the amount deposited shall not be allowed from the

expiration of twenty days after notification in writing by the

comptroller to the claimant or his attorney that the comptroller is

ready and willing to pay said amount upon presentation of the

instruments and vouchers required by law to be filed in his office. Upon

presentation of such instruments and vouchers the comptroller is

authorized to pay said amount, with interest as herein provided, to the

claimant. Any such deposit or payment shall be without prejudice to the

rights of the state or the claimant on such appeal.

6. No such judgment shall be paid until there shall be filed with the

comptroller a copy thereof duly certified by the clerk of the court of

claims together with a certificate of the attorney-general that no

appeal has been or will be taken by the state from the judgment or part

thereof specified in the certificate, and a release and waiver by the

attorney for the claimant of any lien for services upon said claimant's

cause of action, claim, award, verdict, report, decision or judgment in

favor of said claimant, which said attorney may have thereon under and

by virtue of section four hundred and seventy-five of the judiciary law;

and where an award is made by reason of the appropriation of land or any

interest therein for a public use or for damages to land caused by the

state, there shall also be filed with the comptroller, a satisfactory

abstract of title and certificate of search as to incumbrances, showing

the person demanding such damages to be legally entitled thereto.

6-a. Notwithstanding the provisions of subdivisions five, five-a and

six of this section, in any case where a judgment or any part thereof is

to be paid 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 comptroller shall give written notice, if required pursuant to

subdivision two of section six hundred thirty-two-a of the executive

law, to the office of victim services that such judgment shall be paid

thirty days after the date of such notice.

7. Interest shall be allowed on each judgment of the court of claims

from the date thereof until payment is actually made, provided, however,

that interest shall be suspended and shall not be allowed:

a. In the event a certificate of no appeal is not forwarded by the

claimant to the office of the comptroller of the state of New York

within thirty days from date of mailing said certificate to the claimant

by the attorney general, then interest shall be suspended from date of

mailing to date of receipt of said certificate by the comptroller.

b. In the event a satisfaction of judgment and waiver of attorney's

lien is not forwarded within thirty days after mailing of said

satisfaction of judgment and waiver of attorney's lien by the attorney

general, interest shall be suspended for that period of time from the

date of mailing the satisfaction of judgment and waiver of attorney's

lien to the date that the same is received by the comptroller.

8. The provisions of this section as to limitation of interest shall

not apply, however, to judgments paid from the various trust funds or

sinking funds of the state, which funds shall be entitled to interest

until the twentieth day after an appropriation is available for the

reimbursement thereof or until payment, if payment be sooner made.

9. Notwithstanding any other provision of law, when any advance

payment has been made pursuant to any statute relating to the

appropriation of property by the state, the comptroller, on paying the

judgment of the court of claims for the real property acquired, shall

deduct from the total amount awarded as principal and interest the

amount of principal paid under the terms of the partial payment offer

and all interest thereon; and only the balance of such judgment shall be

payable.

10. 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

judgments and interest 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.