SUNY PP Home Page   Print Page   Close Page   Convert current file into a PDF document   Convert current file into a DOC document



Category:
Legal and Compliance


Responsible Office:

Other Requirement Title:
Small Claims

Document Number:
6303

Effective Date:
June 07, 2000


This procedure item applies to:
State-Operated Campuses

Table of Contents
Summary

Requirement
Related Procedures
Forms
Definitions
Other Related Information
Appendicies

Summary

Pursuant to grants of authority in the NYS State Finance Law, the State University of New York (University) has developed procedures for handling small claims. This documents sets forth general guidelines for handling small claims against the University. One procedure deals with small claims in the amount of $250.00 or less (refer to Small Claims of $250.00 or Less). These claims do not require submission to or approval by the Chancellor or the New York State attorney general. The other procedure dealing with small claims in the amount from $250.01 to $5,000.00, involves investigation and a sworn statement by the campus president, review by the University counsel's office, approval by the University counsel, approval by the attorney general for any claim in excess of $1,000.00, and audit and payment by the office of the state comptroller (refer to Small Claims between $250.01 and $5,000.00).

The NYS Court of Claims Act requires filing of a claim or notice of intention to file a claim against the State of New York within 90 days after the incident. Since time limitations on filing and notice are strictly construed, prompt investigation and processing are essential. Claimants should be notified as soon as possible if a decision is made not to use the small claims procedure.

These small claims procedures may be used only by claimants age 18 or older. Persons under age 18 may sue the State of New York in the NYS Court of Claims in accordance with the procedure of the NYS Court of Claims Act.


Requirement


Definitions

There are no special definitions relevant to this requirement.


Related Procedures

Small Claims $250.01 to $5K

Small Claims of $250.00 or Less


Forms

Claims for $250.01 - $5,000.00

Small Claims Form under $250.00


Other Related Information

 

The following links to FindLaw's New York State Laws are provided for users' convenience; it is not the official site for the State of New York laws. 

NYS State Finance Law §8(12-a) and (12-b) (Duties of the NYS Comptroller relating to claims against the state)


NYS Court of Claims Act § 8
(State’s Waiver of Immunity from Liability)

 

In case of questions, readers are advised to refer to the New York State Legislature site for the menu of New York State Consolidated.

Chapter 370 of the Laws of 1999.


Chapter 542 of the Laws of 1990.

Memorandum to campus business officers from the office vice chancellor for finance and business, dated March 3, 1992.

Letter to office of University counsel from the NYS assistant attorney general dated November 12, 1991.

Memorandum to campus business officers from the office vice chancellor for finance and business, dated April 1, 1991.

Memorandum to presidents from the office of University counsel, dated January 28, 1983.

Letter of policy from the office of NYS attorney general, dated March 7, 1974.

Memorandum to presidents and business officers from the office of University counsel, dated January 23, 1969.




Appendicies

There are no appendicies relevant to this requirement.