§ 10. Time of filing claims and notices of intention to file claims.
No judgment shall be granted in favor of any claimant unless such
claimant shall have complied with the provisions of this section
applicable to his claim.

1. A claim for the appropriation by the state of lands, or any right,
title or interest in or to lands shall be filed within three years after
the accrual of such claim, or where title is vested by the filing of a
description and map in the office of the county clerk or register, then
within three years after personal service of a copy of such description
and map and notice of filing thereof or if personal service cannot be
made within the state, then within three years after the filing of the
description and map and the recording of notice of filing thereof.

2. A claim by an executor or administrator of a decedent who left him
or her surviving a husband, wife or next of kin, for damages for a
wrongful act, neglect or default, on the part of the state by which the
decedent's death was caused, shall be filed and served upon the attorney
general within ninety days after the appointment of such executor or
administrator, unless the claimant shall within such time serve upon the
attorney general a written notice of intention to file a claim therefor,
in which event the claim shall be filed and served upon the attorney
general within two years after the death of the decedent. In any event
such claim shall be filed and served upon the attorney general within
two years after the death of the decedent.

3. A claim to recover damages for injuries to property or for personal
injuries caused by the negligence or unintentional tort of an officer or
employee of the state while acting as such officer or employee, shall be
filed and served upon the attorney general within ninety days after the
accrual of such claim, unless the claimant shall within such time serve
upon the attorney general a written notice of intention to file a claim
therefor, in which event the claim shall be filed and served upon the
attorney general within two years after the accrual of such claim.

3-a. A claim to recover damages for injuries to property or for
personal injuries caused by the negligence or unintentional tort of a
member of the organized militia or of an employee in the division of
military and naval affairs of the executive department, shall be filed
and served upon the attorney general within ninety days after the
accrual of such claim, unless the claimant shall within such time serve
upon the attorney general a written notice of intention to file a claim
therefor, in which event the claim shall be filed and served upon the
attorney general within two years after the accrual of such claim.

3-b. A claim to recover damages for injuries to property or for
personal injuries caused by the intentional tort of an officer or
employee of the state while acting as such officer or employee, or of a
member of the organized militia or of an employee in the division of
military and naval affairs of the executive department, shall be filed
and served upon the attorney general within ninety days after the
accrual of such claim, unless the claimant shall within such time serve
upon the attorney general a written notice of intention to file a claim
therefor, in which event the claim shall be filed and served upon the
attorney general within one year after the accrual of such claim.

4. A claim for breach of contract, express or implied, and any other
claim not otherwise provided for by this section, over which
jurisdiction has been conferred upon the court of claims, shall be filed
and served upon the attorney general within six months after the accrual
of such claim, unless the claimant shall within such time serve upon the
attorney general a written notice of intention to file a claim therefor,
in which event the claim shall be filed and served upon the attorney
general within two years after such accrual.

5. If the claimant shall be under legal disability, the claim may be
presented within two years after such disability is removed.

6. A claimant who fails to file or serve upon the attorney general a
claim or to serve upon the attorney general a notice of intention, as
provided in the foregoing subdivisions, within the time limited therein
for filing or serving upon the attorney general the claim or notice of
intention, may, nevertheless, in the discretion of the court, be
permitted to file such claim at any time before an action asserting a
like claim against a citizen of the state would be barred under the
provisions of article two of the civil practice law and rules. For the
purpose of this subdivision, a claim against the state arising under
subdivision one of this section shall be deemed an action upon an
implied contractual obligation. The application for such permission
shall be made upon motion returnable at any regular or special session
of the court and may be heard and determined by any judge thereof. The
claim proposed to be filed, containing all of the information set forth
in section eleven of this act, shall accompany such application. In
determining whether to permit the filing of a claim pursuant to this
subdivision, the court shall consider, among other factors, whether the
delay in filing the claim was excusable; whether the state had notice of
the essential facts constituting the claim; whether the state had an
opportunity to investigate the circumstances underlying the claim;
whether the claim appears to be meritorious; whether the failure to file
or serve upon the attorney general a timely claim or to serve upon the
attorney general a notice of intention resulted in substantial prejudice
to the state; and whether the claimant has any other available remedy.

7. For the purposes of subdivision three of this section, a claim
against the state which would be governed by section two hundred
fourteen-c of the civil practice law and rules if it were asserted
against a citizen of the state shall be deemed to have accrued on the
date of discovery of the injury by the claimant or on the date when
through the exercise of reasonable diligence the injury should have been
discovered by the claimant, whichever is earlier.

8. (a) A claimant who timely serves a notice of intention but who
fails to timely serve or file a claim may, nevertheless, apply to the
court for permission to treat the notice of intention as a claim. The
court shall not grant such application unless: it is made upon motion
before an action asserting a like claim against a citizen of the state
would be barred under the provisions of article two of the civil
practice law and rules; the notice of intention was timely served, and
contains facts sufficient to constitute a claim; and the granting of the
application would not prejudice the defendant.

(b) An application by a claimant whose time to commence an action
against a citizen of the state would be extended or tolled by reason of
any of the provisions contained in article two of the civil practice law
and rules shall be considered timely if the application has been made
prior to the expiration of the limitation period for filing as extended
by reason of the provisions of article two of the civil practice law and
rules.

* 9. A claim of any incarcerated individual in the custody of the
department of corrections and community supervision for recovery of
damages for injury to or loss of personal property may not be filed
unless and until the incarcerated individual has exhausted the personal
property claims administrative remedy, established for incarcerated
individuals by the department. Such claim must be filed and served
within one hundred twenty days after the date on which the incarcerated
individual has exhausted such remedy.

* NB Expires September 1, 2025

10. Notwithstanding any provision of law to the contrary, this section
shall not apply to any claim to recover damages for physical,
psychological, or other injury or condition suffered as a result of
conduct which would constitute a sexual offense as defined in article
one hundred thirty of the penal law committed against a child less than
eighteen years of age, incest as defined in section 255.27, 255.26 or
255.25 of the penal law committed against a child less than eighteen
years of age, or the use of a child in a sexual performance as defined
in section 263.05 of the penal law committed against a child less than
eighteen years of age.