United States · New York civil procedure
When must a State negligence notice of intention be served?
Court of Claims Act 10(3) ordinarily permits a qualifying notice of intention within ninety days of accrual, extending the claim period to two years.
- Period
- 90 days
- Trigger
- Independently established accrual of the qualifying negligence or unintentional-tort claim
- Rule
- Court of Claims Act 10(3), 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), 11 requirement?
Identify the State defendant and the negligence or unintentional-tort branch. Establish accrual independently.
Prepare the verified notice of intention with the required time, place and nature, preserving the actual attorney-general service evidence.
Responsible actor. The claimant preserving the qualifying State officer-or-employee negligence or unintentional-tort claim. Ordinary CTC 10(3) injury or property damage from a State officer or employee acting as such. All alternative statutory branches are excluded.
Court of Claims Act 10(3), 11How is the stated statutory period counted?
- Identify the State defendant and the negligence or unintentional-tort branch. Establish accrual independently.
- Prepare the verified notice of intention with the required time, place and nature, preserving the actual attorney-general service evidence.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- Serve the notice of intention on the attorney general within ninety days by an authorized method. A notice of intention is served, not filed as the claim. Certified service completes on 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
Ordinary CTC 10(3) injury or property damage from a State officer or employee acting as such. All alternative statutory branches are excluded. Fictitious established facts. Ordinary CTC 10(3) injury or property damage from a State officer or employee acting as such. All alternative statutory branches are excluded.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established accrual of the qualifying negligence or unintentional-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?
- Later claim
- A valid timely notice permits the claim to be filed and served within two years from accrual, not two years from notice service.
- 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.
- Ordinary CTC 10(3) injury or property damage from a State officer or employee acting as such. All alternative statutory branches are excluded.
- 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), 11
When must a State negligence notice of intention be served?
Must the notice of intention be filed with the Court of Claims?
CTC 11 requires notice service on the attorney general. A later claim has separate filing and service duties.
Court of Claims Act 11Does mailing it on day ninety suffice?
Certified return-receipt service completes when the attorney general receives it, not when posted.
Court of Claims Act 11Does any notice produce the two-year extension?
No. The notice must be valid, timely and applicable to the qualifying statutory branch.
Court of Claims Act 10(3), 11Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| Court of Claims Act 10(3), 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 |
| 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 |