New York (State). Court of Claims

The Court is a constitutional court of record with jurisdiction to hear and determine claims against the State or by the State against the claimant or between conflicting claimants, as the Legislature may provide. The Legislature may increase or decrease the number of judges. The Clerk of the Court is appointed and may be removed by the Court.

A constitutional amendment approved by the electorate Nov. 8, 1949, effective January 1, 1950, established the Court of Claims, which since 1897 had been a court of record, first as provided by the Code of Civil Procedure and subsequently as provided by the Judiciary Law, Article II, section 2, as a constitutional court.

A law of 1883, (Chapter 205) provided for three commissioners to be appointed by the Governor to constitute a Board of Claims going into office on June 1, 1883, and transferred to the board all claims pending and undetermined by the office of Canal Appraiser and the State Board of Audit, both of which were abolished on May 31, 1883.

Appraisal of damages had first been carried out by a Canal Commissioner and two canal appraisers pursuant to Laws of 1817, Chapter 262; the Revised Statutes of 1829, Part I, Chapter 9, Title 9, Article 3; and Laws of 1836, Chapter 287. The Canal Appraisers began making annual reports in 1849 according to Laws of 1849, Chapter 352. The permanent Board of Appraisers was established by Laws of 1857, Chapter 538, and its procedure clarified by Laws of 1870, Chapter 321. The Board of Canal Appraisers continued until it was replaced by the Board of Claims in 1883.

Chapter 36, Laws of 1897, continued the functions with the same powers and jurisdiction as a Court of Claims, the commissioners becoming judges on March 9, 1897. In 1911, through Chapter 856, the Legislature provided for a Board of Claims to supersede the Court, except as a court of record, and again the three judges became commissioners. Chapter 1, Laws of 1915, restored the Court of Claims, with three judges appointed by the Governor, who also designated a presiding judge. Two additional judges were made possible upon certification to the Governor that accumulation of business before the Court required their appointment for speedy disposition of cases.

Chapter 860, Laws of 1939, continued the Court of Claims and provided for five judges, appointed by the Governor. Terms, nine years. The number of judges was increased to six by Chapter 335, Laws of 1946; Chapter 881, Laws of 1956, increased number of judges to eight; Chapter 862, Laws of 1961, increased judges to 10; Chapter 247, Laws of 1962, increased judges to 12; Chapter 404, Laws of 1965, increased judges to 14; Chapter 170, Laws of 1967 and Chapter 98, Laws of 1968, increased judges to 16; Chapter 280, Laws of 1972 and Chapter 777, Laws of 1973, increased judges to 17.

The Court is a constitutional court of record with jurisdiction to hear and determine claims against the State or by the State against the claimant or between conflicting claimants, as the Legislature may provide. The Legislature may increase or decrease the number of judges. The Clerk of the Court is appointed and may be removed by the Court.

A constitutional amendment approved by the electorate Nov. 8, 1949, effective January 1, 1950, established the Court of Claims, which since 1897 had been a court of record, first as provided by the Code of Civil Procedure and subsequently as provided by the Judiciary Law, Article II, section 2, as a constitutional court.

A law of 1883, (Chapter 205) provided for three commissioners to be appointed by the Governor to constitute a Board of Claims going into office on June 1, 1883, and transferred to the board all claims pending and undetermined by the office of Canal Appraiser and the State Board of Audit, both of which were abolished on May 31, 1883.

Appraisal of damages had first been carried out by a Canal Commissioner and two canal appraisers pursuant to Laws of 1817, Chapter 262; the Revised Statutes of 1829, Part I, Chapter 9, Title 9, Article 3; and Laws of 1836, Chapter 287. The Canal Appraisers began making annual reports in 1849 according to Laws of 1849, Chapter 352. The permanent Board of Appraisers was established by Laws of 1857, Chapter 538, and its procedure clarified by Laws of 1870, Chapter 321. The Board of Canal Appraisers continued until it was replaced by the Board of Claims in 1883.

Chapter 36, Laws of 1897, continued the functions with the same powers and jurisdiction as a Court of Claims, the commissioners becoming judges on March 9, 1897. In 1911, through Chapter 856, the Legislature provided for a Board of Claims to supersede the Court, except as a court of record, and again the three judges became commissioners. Chapter 1, Laws of 1915, restored the Court of Claims, with three judges appointed by the Governor, who also designated a presiding judge. Two additional judges were made possible upon certification to the Governor that accumulation of business before the Court required their appointment for speedy disposition of cases.

Chapter 860, Laws of 1939, continued the Court of Claims and provided for five judges, appointed by the Governor. Terms, nine years. The number of judges was increased to six by Chapter 335, Laws of 1946; Chapter 881, Laws of 1956, increased number of judges to eight; Chapter 862, Laws of 1961, increased judges to 10; Chapter 247, Laws of 1962, increased judges to 12; Chapter 404, Laws of 1965, increased judges to 14; Chapter 170, Laws of 1967 and Chapter 98, Laws of 1968, increased judges to 16; Chapter 280, Laws of 1972 and Chapter 777, Laws of 1973, increased judges to 17.