Page images
PDF
EPUB

24

COURT OF CLAIMS ACT

CITY COL

Chap. 922.

AN ACT in relation to the court of claims and the jurisdiction, practice and procedure therein.

Became a law May 21, 1920, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

COURT OF CLAIMS ACT

Article 1. Courts, judges and officers (§§ 1-11).

2. Jurisdiction and practice provisions (§§ 12-35).
3. Laws repealed; when to take effect (§§ 36, 37.)

ARTICLE 1

COURTS, JUDGES AND OFFICERS

Section 1. Short title.

2. Organization of court of claims.

3. Appointment of additional judges.

4. Prohibitions as to judges.

5. Salaries and expenses of judges.

6. Designation of judges for determination of appropriation.*

7. Appointment and duties of court officers.

8. Salaries and compensation of court officers.

9. Seal of court.

10. Record of proceedings and report to legislature.
11. Annual report to comptroller.

[merged small][ocr errors][merged small]

Source.new.

Source.-
Code of

cedure,

§ 263,

in part.

Section 1. Short title. This act shall be known as the "Court of Claims Act."

2. Organization of court of claims. The court of claims is civil pro- hereby continued. Such court shall consist of three judges, to be known as judges of the court of claims, who shall be appointed by the governor, by and with the advice and consent of the senate. The term of office of each judge shall be nine years. Whenever the term of office of a judge shall expire, or his office become vacant from any cause, his successor shall be appointed for the unexpired term. Notwithstanding the provisions of section five of the public officers law, a judge of the court of claims shall hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing his successor. By an order to be filed in the office of the secretary of state, the governor shall designate one of the judges as presiding judge, who shall act as such during his term, and thereafter upon the appointment of his successor, the governor shall designate such successor or any other judge of the court as presiding judge, who shall act as such during his term. A judge of the court of claims, must be an attorney and counselorat-law admitted to practice in the courts of this state, of at least ten years' experience in practice. The judges of the court of claims shall have jurisdiction to hear and determine all matters now pending in the court of claims. Whenever in this act or in any other statute reference is made to the board of claims or any officer thereof, the same shall be deemed to refer to and mean the court of claims or an officer thereof. A determination of the board of claims, heretofore rendered shall have the same force and effect and be subjected to the same procedure as provided in this article for a judgment.

Same, $282,

in part.

§ 3. Appointment of additional judges. The number of judges to constitute the court of claims may be increased to not more than five as provided by this section. If the presiding judge of such court shall at any time certify to the governor in writing that the accumulation of business in the court of claims requires for the disposal thereof an additional judge or judges, specifying the number, not more than two, and the term for which such additional judge or judges should be appointed, not exceeding three years, the governor may appoint, by and with the advice and consent of the senate, such additional judge or judges, for such term.

« PreviousContinue »