Certificate of Designation
For Service of Notice of Claim
(Pursuant to Section 53 of the General Municipal Law)
It is hereby certified that:
FIRST: CITY OF NEWBURGH 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: CITY OF NEWBURGH
THIRD: The principal location of the public corporation is in the county of: ORANGE
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:
SIXTH: The time limit for service of a Notice of Claim upon the public corporation is: 90 days pursuant to NYS General Municipal Law
SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: Newburgh City Charter § C6.47. Nontort claims against City. [Added 9-26-1988 by L.L. No. 6-1988] A. No action or special proceeding, for any cause whatever, except as hereinafter provided, relating to City property or involving the rights or interests of the City shall be prosecuted or maintained against the City unless it shall appear by and as an allegation in the complaint or necessary moving papers that a written verified claim upon which such action or special proceeding is founded was served on the City, in the same manner as a summons under the Civil Practice Law and Rules, within three months after the accrual of such claim. The provisions of this section shall not apply to an action or special proceeding founded upon tort which shall be governed by the provisions of §§ 50-i and 50-e of the General Municipal Law. B. This section shall apply to claims accruing after January 1, 1989. Newburgh City Charter § C6.50. Civil actions against City. [Amended 4-2-1945 by L.L. No. 2-1945; 4-28-1952 by L.L. No. 5-1952; 3-23-1953 by L.L. No. 2-1953] A. All claims against the City for damages or injury to persons or property alleged to have been caused by the misfeasance or negligence of the City or of any of its officers or employees shall be presented to the Council in writing within 60 days after the happening of the accident or injury out of which the claim arose. Such writing shall describe the time when, the particular place where and the circumstances under which damages or injuries were sustained and the cause thereof. It shall also state, so far as then practicable, the nature and extent of the damages or injury. It shall also state the place of residence of the claimant by street and number, or, if there be no street and number, it shall contain such statement as will disclose the place of residence. All such claims shall be verified by the oath of the claimant. A copy of each such claim shall be served by mail on the Corporation Counsel. The omission to present such claim within 60 days of such alleged injuries and to commence on action thereon within one year from the time of such alleged injuries shall be a bar to any claim or action therefor against the City, but no action shall be brought upon any such claim until three months have elapsed after the presentation of the claim to the Council.
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:
                           CITY OF NEWBURGH
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 03, 2013
Signature Title of Signer
FILE NUMBER: 20130703000329