| Certificate of Designation |
| For Service of Notice of Claim |
| of |
| DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY |
| (Pursuant to Section 53 of the General Municipal Law) |
| It is hereby certified that: |
| FIRST: DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY is a public corporation as defined in Section 66 of the General Construction Law of the State of New York. |
| SECOND: The name of the public corporation is: DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY |
| THIRD: The principal location of the public corporation is in the county of: DUTCHESS |
| FOURTH: The public corporation hereby designates the Secretary of State of the State of New York as its agent upon whom a Notice of Claim against the public corporation may be served. |
| FIFTH: The name, post office address and email address of an officer, person or designee, nominee or other agent-in-fact to which the Secretary of State shall transmit a copy of any Notice of Claim served upon the Secretary of State as the Public Corporation’s agent is: |
| Post Office Address: | EXECUTIVE DIRECTOR
DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY 27 HIGH STREET POUGHKEEPSIE, NY 12601 |
| Email Address: | DCWWA@DUTCHESSNY.GOV |
| SIXTH: The time limit for service of a Notice of Claim upon the public corporation is: Ninety (90) days |
| SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: 1. No action or special proceeding shall be prosecuted or maintained against the authority for personal injury or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of the authority or of any member, officer, agent or employee thereof, unless (a)a notice of claim shall have been made and served upon the authority within the time limit prescribed by and in compliance with section fifty-e of the general municipal law, (b)it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based. 2. Wherever a notice of claim is served upon the authority, it shall have the right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made, in accordance with the provisions of section fifty-h of the general municipal law. 3. The authority may require any person presenting for settlement an account or claim for any cause whatever against the authority, to be sworn before a member, counsel, officer or employee of the authority designated for such purpose concerning such account or claim and, when so sworn, to answer orally as to any facts relative to such account or claim. The authority shall have power to settle or adjust all claims in favor of or against the authority. 4. The rate of interest to be paid by the authority upon any judgment for which it is liable, other than a judgment on its bonds, shall be the rate prescribed by section three-a of the general municipal law. Interest on payments of principal or interest on any bonds in default shall accrue at the rate or rates set forth in such bonds from the due date thereof until paid or otherwise satisfied. |
| EIGHTH: The New York State Vendor Identification Number (Vendor ID) for the public corporation is: REDACTED |
| Note: If the public corporation does not have a Vendor ID issued by the Office of the State Comptroller the Department of State will contact the public corporation regarding issuance of a Vendor ID when fees for service of Notices of Claim are available for distribution. The public corporation will not receive distributions of its share of fees for service of Notices of Claim until it has been assigned a Vendor ID by the Office of the State Comptroller. |
| NINTH: Distributions to the public corporation for its share of fees for service of Notices of Claim will be sent to the following Remittance Address: |
| EXECUTIVE DIRECTOR
DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY 27 HIGH STREET POUGHKEEPSIE, NY 12601 |
| Note: The Remittance Address for public corporations with a Vendor ID must match the public corporation’s Remittance Address in the New York State Vendor Management System. If the Remittance Address provided does not match the address on file in the New York State Vendor Management System, the public corporation’s share of fees cannot be distributed. To update the public corporation’s Remittance Address on file in the New York State Vendor Management System the public corporation must access and update its vendor record at www.osc.state.ny.us. | ||
| Date: July 01, 2013 | ||
| BRIDGET BARCLAY | EXECUTIVE DIRECTOR | |
| Signature | Title of Signer |
| FILED BY THE NYS DEPARTMENT OF STATE ON: 07/01/2013 |
| FILE NUMBER: 20130701000245 |