2023 New York Laws › GMU - General Municipal › Article 4 - Negligence and Malfeasance of Public Officers; Taxpayers' Remedies › 53 - Alternative Service of Notice of Claim Upon the Secretary of State.

§  53.  Alternative  service  of notice of claim upon the secretary of
state. 1. In lieu of serving a notice of claim upon a public corporation
as provided for in section fifty-e of this article, a  notice  of  claim
setting  forth  the  same information as required by such section may be
served upon the secretary of state in the same manner as if served  with
the  public  corporation.  All  the  requirements  relating to the form,
content,  time  limitations,  exceptions,  extensions  and   any   other
procedural requirements imposed in such section with respect to a notice
of claim served upon a public corporation shall correspondingly apply to
a  notice  of  claim  served upon the secretary of state as permitted by
this section. For purposes of this article, the secretary of state shall
be deemed to be the agent for all public corporations upon whom a notice
of claim may be served prior to commencement of any action or proceeding
subject to the requirements of this article.
2. All public corporations entitled to have served upon them a  notice
of  claim  as  a  condition  precedent  to  commencement of an action or
proceeding shall, no later than thirty days after the  date  upon  which
this section shall take effect, file a certificate with the secretary of
state  designating the secretary as the agent for service of a notice of
claim and shall in such statement provide the secretary with  the  name,
post  office  address  and  electronic mail address, if available, of an
officer, person, or designee, nominee or  other  agent-in-fact  for  the
transmittal  of notices of claim served upon the secretary as the public
corporation's agent. Any designated post office  address  or  electronic
mail  address  to  which the secretary of state shall transmit a copy of
the notice of claim served upon him or her as agent shall continue to be
the address to which such notices shall be transmitted until the  public
corporation  sends  a  notice to the secretary informing him or her of a
new post office address or electronic mail address to which such notices
shall be transmitted. The initial filing with  the  secretary  of  state
shall  also  contain  the  applicable  time limit for filing a notice of
claim upon that public corporation, or if later changed  by  statute,  a
new  filing  shall  be  made  detailing  the  new time limit. Any public
corporation  that  does  not  have  a  current  and   timely   statutory
designation  filed  with the secretary of state shall not be entitled to
the portion of the fee to which it would otherwise be entitled  pursuant
to  subdivision  four of this section. Failure of the public corporation
to so file with the secretary of state will not invalidate  any  service
of a notice of claim upon the public corporation which has been received
by the secretary of state.
3.  The  secretary  of  state  is  hereby empowered to accept properly
transmitted notices of claims on behalf of a  public  corporation,  with
the  same  effect  as  if served directly upon a public corporation. The
secretary of state shall accept such service upon  the  following  terms
and conditions:
(a)  the secretary of state shall set and notify the public, on his or
her website, of times, places and manner of service upon him or  her  of
notices  of  claims  necessary  to  comply  with  the provisions of this
section;
(b) upon receipt of a notice of claim, the secretary  of  state  shall
issue  a  receipt  or other document acknowledging his or her receipt of
such notice, and such receipt shall contain the date and time of receipt
of the notice, an identifying number or name particular  to  the  notice
received,  and the logo or seal of the department of state embossed upon
it. Such receipt shall be prima  facie  evidence  of  service  upon  the
secretary of state for all purposes;
(c)  nothing  in  this  section  shall  be  deemed  to alter, waive or
otherwise abrogate any defense available to a public corporation  as  to

the  nature,  sufficiency,  or  appropriateness  of  the notice of claim
itself, or to any challenges to the  timeliness  of  the  service  of  a
notice  of  claim.  Timely  service upon the secretary of state shall be
deemed  timely  service  upon  the  public  corporation  for purposes of
instituting an action or proceeding or other requirement imposed by law.
4. The secretary of state may impose a fee upon any person who  serves
a  notice  of  claim  with the department. Such fee shall not exceed two
hundred fifty dollars for each such notice filed. One-half  of  the  fee
imposed  shall  be retained by the secretary of state as payment for its
services  provided  in  accordance  with  this  section.  The  remaining
one-half  of such fee shall be forwarded to the public corporation named
in the notice of claim provided, however, if more than one  such  public
corporation is named, each named public corporation shall be entitled to
an equal percentage of the one-half amount.
5.  The secretary of state shall within sixty days after the effective
date of this section post on the departmental  website  a  list  of  any
public  corporation,  including  any  public  authority,  public benefit
corporation or any other entity entitled to receive a notice of claim as
a condition precedent to commencement of an action  or  proceeding,  and
that  has  filed,  pursuant  to  this  section,  a  certificate with the
secretary of state designating the secretary as the agent for service of
a notice of claim. The list should identify the entity, the post  office
address  and  electronic  mail  address,  if  available,  of  the public
corporation to which the notice of  claim  shall  be  forwarded  by  the
secretary  of state, and any statutory provisions uniquely pertaining to
such public corporation and the commencement of an action or  proceeding
against it.
6.  The  secretary  of  state is authorized to promulgate any rules or
regulations necessary to implement the provisions of this section.