United States · New York civil procedure
When is the initial State intentional-tort claim or notice due?
CTC 10(3-b) ordinarily requires the qualifying claim or notice of intention within ninety days of accrual. A valid notice preserves a one-year claim branch.
- Period
- 90 days
- Trigger
- Independently established accrual of the qualifying intentional-tort claim
- Rule
- Court of Claims Act 10(3-b), 11
Current official provision, website revision from 2026-02-20. Reviewed. A revision label is not an inferred effective date.
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Which event starts the Court of Claims Act 10(3-b), 11 requirement?
Identify the proper defendant and intentional-tort classification and establish accrual.
Choose whether to file and serve a claim or serve a notice of intention. Their completion requirements differ.
Responsible actor. The claimant choosing a qualifying State intentional-tort claim or notice of intention. CTC 10(3-b)’s ordinary State-officer, employee or specified militia intentional-tort branch, excluding disability, custody, revived claims and actual late relief.
Court of Claims Act 10(3-b), 11How is the stated statutory period counted?
- Identify the proper defendant and intentional-tort classification and establish accrual.
- Choose whether to file and serve a claim or serve a notice of intention. Their completion requirements differ.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- For a claim, complete court filing and attorney-general service. For a notice of intention, complete attorney-general service without treating it as claim filing. Certified return-receipt service requires receipt.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 20, event-day exclusionWhat does the independently derived example establish?
Fictitious example
CTC 10(3-b)’s ordinary State-officer, employee or specified militia intentional-tort branch, excluding disability, custody, revived claims and actual late relief. Fictitious established facts. CTC 10(3-b)’s ordinary State-officer, employee or specified militia intentional-tort branch, excluding disability, custody, revived claims and actual late relief.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established accrual of the qualifying intentional-tort claim | September 1, 2026 |
| Disclosed statutory component | 90 days | Monday, November 30, 2026 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Extended claim
- A valid notice within ninety days permits the claim within one year from accrual, not two years.
- 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.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- CTC 10(3-b)’s ordinary State-officer, employee or specified militia intentional-tort branch, excluding disability, custody, revived claims and actual late relief.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about Court of Claims Act 10(3-b), 11
When is the initial State intentional-tort claim or notice due?
Does every tort notice give two years for the claim?
No. Section 10(3-b) gives the intentional-tort claim one year from accrual after a valid timely notice.
Court of Claims Act 10(3-b), 11Is a notice of intention filed as the claim?
No. It is served under CTC 11. The later claim has its own filing requirement.
Court of Claims Act 11Can posting certified mail on the last day suffice?
Attorney-general receipt completes certified service. Preserve actual receipt evidence.
Court of Claims Act 11Official procedural, counting and completion sources
Provisions used (11)
| Provision | Purpose |
|---|---|
| Court of Claims Act 10(3-b), 11 | The particular actor, event, period and required act |
| Court of Claims Act 11 | Service and contents |
| 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 |