United States · New York civil procedure
When must a verified school-district claim be presented?
Education Law 3813(1) ordinarily requires a verified claim to the governing body within three months of accrual. Contract monies accrue on payment denial.
- Period
- 3 months
- Trigger
- Independently established accrual, or payment denial for the specified contract-monies branch
- Rule
- Education Law 3813(1)
Current official provision, website revision from 2024-07-05. Reviewed. A revision label is not an inferred effective date.
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Which event starts the Education Law 3813(1) requirement?
Identify the covered school entity and its governing body. Establish the claim classification and notice requirement.
For monies due under contract, retain the denial of payment for the claimed amount. Do not automatically use the invoice or work-completion date.
Responsible actor. The claimant presenting the qualifying non-tort verified claim. A qualifying ordinary non-tort claim under Education Law 3813(1), presented to the proper governing body with no applicable exception or late-claim order.
Education Law 3813(1)How is the calendar-month or year boundary calculated?
- Identify the covered school entity and its governing body. Establish the claim classification and notice requirement.
- For monies due under contract, retain the denial of payment for the claimed amount. Do not automatically use the invoice or work-completion date.
- Use calendar months and the corresponding day, or the final day of a shorter month, under GCL 30.
- Present the written verified claim to the governing body within three calendar months. Preserve proof of actual presentment and the completed claim.
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 30, corresponding calendar monthWhat does the independently derived example establish?
Fictitious example
A qualifying ordinary non-tort claim under Education Law 3813(1), presented to the proper governing body with no applicable exception or late-claim order. Fictitious established facts. A qualifying ordinary non-tort claim under Education Law 3813(1), presented to the proper governing body with no applicable exception or late-claim order.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established accrual, or payment denial for the specified contract-monies branch | September 1, 2026 |
| Disclosed statutory component | 3 months | Tuesday, December 1, 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?
- Thirty-day waiting condition
- Section 3813(1) also requires neglected or refused adjustment or payment for thirty days after presentment. This is separate from the presentment deadline.
- Torts
- Subdivision (2) directs tort notice and commencement to GMU 50-e and 50-i, with its stated exclusions.
- Action period
- Subdivision (2-b)’s one-year limit preserves shorter periods. Verified presentment does not itself commence the action.
- 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.
- A qualifying ordinary non-tort claim under Education Law 3813(1), presented to the proper governing body with no applicable exception or late-claim order.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about Education Law 3813(1)
When must a verified school-district claim be presented?
Are three months the same as ninety days?
No. GCL 30 counts calendar months and a corresponding day or shorter-month end.
General Construction Law 30Does serving an employee establish governing-body presentment?
Establish presentment to the legally required governing body. The calculator does not validate the recipient.
Education Law 3813(1)Does paying the invoice after denial reset the trigger?
The contract-monies provision specifies payment denial. The legal effect of later events needs separate review.
Education Law 3813(1)Official procedural, counting and completion sources
Provisions used (8)
| Provision | Purpose |
|---|---|
| Education Law 3813(1) | The particular actor, event, period and required act |
| General Construction Law 30 | Corresponding month day and shorter-month end |
| 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 |