SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: PURSUANT TO A CALL OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF RIGA, COUNTY OF MONROE AND STATE OF NEW YORK, WHICH WAS DULY HELD AT THE TOWN HALL, 6460 E. BUFFALO RD, CHURCHVILLE, NY 14428, ON THE 10th DAY OF JULY 2013, AT 7:00 P.M.
RESOLUTION 132-13
Resolution Authorizing the Supervisor to File a Certificate Designating the Secretary of State as the Agent for Service of Notices of Claim Pursuant to Section 53 of the General Municipal Law
Motion by Supervisor Ottley
Seconded by Councilmember Campanella
WHEREAS, The State Legislature has enacted and Governor Cuomo has signed Chapter 24 of the Laws of 2013, which, inter alia, adds a new Section 53 to the General Municipal Law, effective June 15, 2013, and
WHEREAS, Chapter 24 of the Laws of 2013 permits claimants to serve notices of claim upon the Secretary of State rather than effecting personal service of such notices upon the municipality which is the subject of the claim, and
WHEREAS, The statute directs the Secretary of State to forward copies of notices of claim served in the above-referenced manner to the municipalities involved, and
WHEREAS, Section 53 of the General Municipal Law requires that municipalities, including The Town of Riga, within thirty days after the effective date of the law, file a certificate in the office of the Secretary of State designating the Secretary of State as the agent for service of notices of claim and providing the name, post office address and electronic mail address of an officer, person or designee, nominee or other agent-in-fact for the transmittal of notices of claim served upon the secretary, now, therefore, be it
RESOLVED, That the Supervisor be, and hereby is, authorized and directed to file not later than July 12, 2013 a certificate with the Secretary of State designating the Secretary of State as the Town of Riga’s agent for the service of notices of claim, and Be it further
RESOLVED, That the Town Attorney is hereby designated to receive such notices of claim served in the manner set forth herein, and Be it further
RESOLVED, That the Supervisor in such certificate, and in amendments thereof as from time to time may be necessary, provide the Secretary of State with the name, post office address and electronic mail address of the Town Attorney, and Be it Further
RESOLVED, That the Town Attorney is authorized to accept notices of claims on behalf of the County and receive any payments due to the Town of Riga as a result of this Uniform Notice of Act Claim.
VOTE: Supervisor Ottley AYE
Council Member Smith AYE
Council Member O’Brocta AYE
Council Member Campanella AYE
Council Member Fodge AYE
ABSENT:
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