| Certificate of Designation |
| For Service of Notice of Claim |
| of |
| TOWN OF COLONIE |
| (Pursuant to Section 53 of the General Municipal Law) |
| It is hereby certified that: |
| FIRST: TOWN OF COLONIE 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: TOWN OF COLONIE |
| THIRD: The principal location of the public corporation is in the county of: ALBANY |
| 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: | ELIZABETH A. DELTORTO, TOWN CLERK
MEMORIAL TOWN HALL PO BOX 508 NEWTONVILLE, NY 12128 |
| Email Address: | NOTICEOFCLAIM@COLONIE.ORG |
| SIXTH: The time limit for service of a Notice of Claim upon the public corporation is: 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: Chapter 162, Article I of the Code of the Town of Colonie, available at http://ecode360.com/CO0780, provides in part, "No civil action shall be maintained against the Town of Colonie or the Town Superintendent of Highways of the Town or against any improvement district in the Town for damages or injuries to person or property . . . unless written notice of such defective, unsafe, dangerous or obstructed condition of such street or appurtenance or improvement thereto, bridge, culvert, sluice, stormwater drain, sewer or water pipe, street marking, sign or device or any other property owned, operated or maintained by the Town or any property owned, operated or maintained by any improvement district was actually given to the Town Attorney of the Town, and there was thereafter a failure or neglect within a reasonable time to repair or remove the defect, danger or obstruction complained of; and no such action shall be maintained for damages or injuries to persons or property sustained solely in consequence of the existence of debris, vegetation, snow or ice upon any street or appurtenance or improvement thereto, bridge, culvert, sluice, stormwater drain, sewer or water pipe or any other property owned by the Town or any property owned by any improvement district in the Town unless written notice thereof, specifying the particular place, was actually given to the Town Attorney of the Town, and there was failure or neglect to cause such debris, vegetation, snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice. Further, “No civil action will be maintained against the Town and/or the Town Superintendent of Highways of the Town for damages or injuries to person or property sustained by reason of any defect in the sidewalks of the Town or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Attorney of the Town, and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.” |
| 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: |
| TOWN OF COLONIE
MEMORIAL TOWN HALL 534 LOUDON RD. NEWTONVILLE, NY 12128 |
| 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: June 20, 2013 | ||
| ELIZABETH A. DELTORTO | TOWN CLERK | |
| Signature | Title of Signer |
| FILED BY THE NYS DEPARTMENT OF STATE ON: 06/20/2013 |
| FILE NUMBER: 20130620000103 |