The General Municipal Law was recently amended in relation to service of notices of claim against public corporations. Public corporations, as defined in the General Construction Law, include municipal corporations, district corporations and public benefit corporations. Specifically, General Municipal Law section 53 was amended to permit notices of claim against public corporations to be served on the New York Secretary of State. The New York Department of State will forward the notice of claim to the person designated by the public corporation to receive the notice of claim.
Public corporations will be required to file a certificate with the New York Department of State designating the New York Secretary of State as their agent for service of notices of claim. The certificate must provide address information for the transmittal of notices of claim. Failure of a public corporation to file such a certificate will not invalidate any notice of claim served on the New York Secretary of State.
A person serving a notice of claim on the New York Secretary of State will be charged a $250 service fee. Half of the service fee will be retained by the New York Secretary of State and the other half provided to the public corporation or public corporations named in the notice of claim. Public corporations that do not file a Certificate of Designation of Notice of Claim with the New York Department of State will not receive a share of the service fees.
Certificates of Designation of Notice of Claim may be filed online. Online filing is available from 7:00 a.m. to 11:30 p.m.
Paper forms are also available. Completed paper forms may be sent to the Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The Secretary of State may be served with notices of claim against public corporations beginning Monday, July 15, 2013.
Any questions regarding notices of claim may be sent to the Department of State at eDesignation@dos.ny.gov.
Online Filing of Designation: https://appext20.dos.ny.gov/noc_public/f?p=800:8
Online Filing of Amendment: https://appext20.dos.ny.gov/noc_public/f?p=800:2