United States · New York civil procedure
When is a State wrongful-death claim due?
CTC 10(2) ordinarily requires filing and service within ninety days of appointment, with an outside limit of two years after death.
- Period
- Variable or combined statutory windows
- Trigger
- Both representative appointment and the death date
- Rule
- Court of Claims Act 10(2), 11
Current official provision, website revision from 2026-02-20. Reviewed. A revision label is not an inferred effective date.
Source guide · No automated date
When is a State wrongful-death claim due?
The single appointment input cannot compare the ninety-day appointment period with the two-year death cap or establish the valid timely-notice alternative.
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Which event starts the Court of Claims Act 10(2), 11 requirement?
Retain the death record and executor or administrator appointment record.
Check whether a valid notice of intention was served within ninety days of appointment and calculate the two-year death cap independently.
Responsible actor. The appointed executor or administrator bringing the qualifying State wrongful-death claim. CTC 10(2)’s qualifying wrongful-death claim, with appointment, death, timely notice and any actual alternative relief independently established.
Court of Claims Act 10(2), 11Which separate windows or schedule must be established?
- Retain the death record and executor or administrator appointment record.
- Check whether a valid notice of intention was served within ninety days of appointment and calculate the two-year death cap independently.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- Complete both claim filing with the Court of Claims clerk and service on the attorney general within the statutory period. CTC 11 requires personal or certified return-receipt service; certified service completes at actual receipt. Establish any permitted separate electronic-service agreement independently. NYSCEF filing alone does not serve the claim.
The single appointment input cannot compare the ninety-day appointment period with the two-year death cap or establish the valid timely-notice alternative.
Court of Claims Act 10(2), 11Why does one date not resolve this requirement?
Fictitious comparison. Representatives appointed on the same day can have different death dates. The earlier two-year death cap can end one claim’s available period sooner.
The single appointment input cannot compare the ninety-day appointment period with the two-year death cap or establish the valid timely-notice alternative.
Which facts change this requirement?
- Outside death cap
- The claim must in any event be filed and served within two years after death.
- Timely notice branch
- A valid notice within the appointment-based ninety days permits the claim within two years after death, not two years after appointment.
- Service and contents
- CTC 11 requires the applicable verified contents and service on the attorney general. Certified return-receipt service completes on actual receipt, not posting. Certain defendants must also be served.
- Different statutory branches
- CTC 10(5)-(11) addresses legal disability, actual late-claim relief, toxic-injury accrual, incarcerated-property claims, child-sexual-conduct exclusions and specified 214-j or 208-a claims. This ordinary preset excludes those branches.
- Combined procedure or actual schedule
- The single appointment input cannot compare the ninety-day appointment period with the two-year death cap or establish the valid timely-notice alternative.
- CTC 10(2)’s qualifying wrongful-death claim, with appointment, death, timely notice and any actual alternative relief independently established.
- The single appointment input cannot compare the ninety-day appointment period with the two-year death cap or establish the valid timely-notice alternative.
Which completed acts and evidence should be retained?
Questions about Court of Claims Act 10(2), 11
When is a State wrongful-death claim due?
Does a late appointment always give a fresh ninety days?
The two-year death cap still applies and may end earlier.
Court of Claims Act 10(2), 11Does a notice of intention extend beyond two years after death?
Not under the ordinary section 10(2) notice branch.
Court of Claims Act 10(2), 11Is the municipal wrongful-death notice the same act?
No. GMU 50-e governs a different public-corporation notice, not Court of Claims claim filing and attorney-general service.
General Municipal Law 50-eOfficial procedural, counting and completion sources
Provisions used (12)
| Provision | Purpose |
|---|---|
| Court of Claims Act 10(2), 11 | The particular actor, event, period and required act |
| Court of Claims Act 11 | Service and contents |
| General Municipal Law 50-e | Additional procedural event or qualification |
| Court of Claims Act 11, claim filing and service | Service and contents |
| 22 NYCRR 206.5(a), clerk filing and service proof | Branch-specific service or filing completion |
| 22 NYCRR 206.5-aa(c), (e), (f) | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |