N.Y. Education Law § 6224: Claims against city university

§ 6224. Claims against city university. 1. The provisions of sections

fifty-e and fifty-i of the general municipal law shall, notwithstanding

any inconsistent provision of law, continue to apply to actions and

proceedings based on a cause of action involving a community college of

the city university of New York or an officer, agent, servant or

employee of such community college acting in the course of his

employment. The provisions of subdivisions four, five and six of this

section shall not apply to such actions and proceedings.

2. No action or proceeding based on a cause of action involving a

community college of the city university of New York or an officer,

agent, servant or employee of such community college acting in the

course of his employment may be prosecuted or maintained unless it shall

appear by and as an allegation in the complaint or necessary moving

papers that at least thirty days have elapsed since a demand setting

forth the underlying basis for such matter was presented to the city

university for adjustment, and that the officers or bodies having the

power to adjust or pay such demand have neglected or refused to make an

adjustment or payment thereof for thirty days, after such presentment.

3. The city university may require any person presenting to it for

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

sworn before it or a committee thereof, or before any person designated

by such board of trustees 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 trustee or any 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. Willful

false swearing before the board of trustees, a committee thereof or any

person designated as hereinbefore stated shall be perjury and punishable

as such.

4. Exclusive jurisdiction is hereby conferred upon the court of claims

to hear, audit and determine the claims of any person against the city

university of New York (a) for wrongful death, (b) in connection with

causes of action sounding in tort alleged to have been committed by a

senior college of such university or any officer, agent, servant or

employee of a senior college of such university in the course of his

employment on behalf of such university, and (c) for the breach of a

contract relating to construction, reconstruction, improvement,

maintenance, operation, purchase or personal services entered into by

such university in connection with a senior college of such university

or any officer, agent, servant or employee of a senior college of such

university in the course of his employment on behalf of such university

in the same manner and to the extent provided by and subject to the

provisions of the court of claims act, including time limitations, with

respect to claims against the state, and to make awards and render

judgments therefor. Such jurisdiction shall attach to all claims

against the city university which arise on and after July first,

nineteen hundred seventy-nine. Nothing contained in this section shall

be construed as passing upon the merits of any such claims and no such

award shall be made or judgment rendered unless supported by such

evidence as would sustain a judgment against an individual or

corporation in a court of law or equity.

5. (a) Notwithstanding any inconsistent provisions of law, the

comptroller of the state of New York is authorized to examine, audit and

certify for payment, in accordance with procedures applicable to and

funding sources available for the payment by the state of any claim,

settlement or judgment against the state, (1) any judgment of the court

of claims, (2) any settlement approved by the court of claims pursuant

to section twenty-a of the court of claims act and (3) any claim which

would be otherwise subject to the provisions of subdivision four of this

section, provided such claim shall have been approved for payment by the

board of trustees of the city university of New York or its designee, by

the director of the budget and by the attorney general.

(b) Notwithstanding any inconsistent provisions of law, and in

addition to the procedures set forth above, the comptroller of the state

of New York is authorized to examine, audit and certify for payment any

claim not in excess of the amount specified in subdivision twelve-a of

section eight of the state finance law which is otherwise subject to the

provisions of subdivision four of this section in accordance with the

provisions of such subdivision twelve-a.

6. Notwithstanding any inconsistent provisions of law, with respect to

claims against the city university which arise on and after July first,

nineteen hundred seventy-nine, the comptroller of the state of New York

is authorized to examine, audit, certify for payment and pay from

funding sources available for payment of claims by the state any

settlement, order or judgment in any federal or state court, other than

the court of claims, or any administrative tribunal which pertains to a

senior college of the city university of New York. No such order or

judgment shall be paid except upon a certificate of the attorney general

that it has been entered. No such settlement shall be paid unless it

shall have been approved for payment by the board of trustees of the

city university of New York, or its designee, by the director of the

budget and by the attorney general. Nothing contained in this

subdivision shall be deemed to affect or alter the jurisdiction of any

court or administrative tribunal.