The New York State Court of Claims is the court of the
New York State Unified Court System
The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts).
The Court of ...
which handles all claims against the State of
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
and certain state agencies.
Judges
Judges of the Court of Claims are appointed by the
Governor of New York
The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor has ...
and confirmed by the
State Senate
A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...
for a 9-year term. While there are Judges of the Court of Claims who handle only claims against the state, there are many Judges of the Court of Claims who are appointed to this post and then assigned to serve as an Acting Justice of the
New York State Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, generally in the criminal term of the court. This is done to increase the number of trial judges in the state for felony crimes, as it can be easier for Legislators to vote to increase the number of Court of Claims judges than Supreme Court Justices in view of differences in the manner of selecting the judges.
History
Claims against the State of New York were originally heard and decided by the
New York State Legislature
The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official ...
. In 1874, a constitutional amendment was ratified which prohibited the Legislature to assess claims against the State, and in 1876 the State Board of Audit (later renamed Board of Claims) was created to step in. In 1897, the Board of Claims was abolished and a Court of Claims, consisting of three judges, created instead. On July 31, 1911, the Court of Claims was abolished and the Board of Claims, consisting of three commissioners, was restored.
The present Court of Claims was re-established on January 28, 1915, to succeed the Board of Claims.
See also
*
United States Court of Federal Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...
Notes
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External links
New York State Court of ClaimsUniform Rules for the Court of Claimsin the
NYCRR
New York (state) state courts
1897 establishments in New York (state)
1911 disestablishments in New York (state)
Courts and tribunals established in 1897
Courts and tribunals disestablished in 1911