N.Y. Education Law § 2562: Presentation of claims against a board of education of a city having a population of four hundred thousand or more to be pleaded

§ 2562. Presentation of claims against a board of education of a city

having a population of four hundred thousand or more to be pleaded. 1.

No action or special proceeding, for any cause whatever, shall be

prosecuted or maintained against a board of education of a city having a

population of four hundred thousand or more, unless it shall appear by

and as an allegation in the complaint or necessary moving papers that at

least thirty days have elapsed since the demand, claim or claims upon

which such action or special proceeding is founded were presented to the

said board of education for adjustment, and that the officer or body

having the power to adjust or pay said claim has neglected or refused to

make an adjustment or payment thereof for thirty days after such

presentment.

2. The said board of education may require any person presenting for

settlement an account or claim for any cause whatever against it to be

sworn before it or a committee thereof, or before the claims auditor or

deputy claims auditor, or before any person designated by said board,

touching such account or claim, and when so sworn, to answer orally as

to any facts relative to the justness of such account or claim. A member

of the board, the claims auditor, or any other person designated as

hereinbefore stated, shall have the power to administer an oath to any

person who shall give testimony to the justness of such account or

claim, and for the purpose of securing such testimony may issue

subpoenas for the attendance of witnesses. Wilful false swearing before

the said board of education, a committee thereof, the claims auditor or

deputy claims auditor, or before any person designated as hereinbefore

stated, is perjury and punishable as such.