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This entry was published on 2014-09-22
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SECTION 9
Jurisdiction and powers of the court
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 2
§ 9. Jurisdiction and powers of the court. The court shall have
jurisdiction: 1. To hear and determine all matters now pending in the
said court of claims.

2. To hear and determine a claim of any person, corporation or
municipality against the state for the appropriation of any real or
personal property or any interest therein, for the breach of contract,
express or implied, or for the torts of its officers or employees while
acting as such officers or employees, providing the claimant complies
with the limitations of this article. For the purposes of this act only,
a real property tax lien shall be deemed to be an interest in real
property.

2-a. To hear and determine a claim of any person, corporation or
municipality, against the state for the torts of members of the
organized militia and the employees in the division of military and
naval affairs of the executive department, providing that the claim is
encompassed by the waiver of immunity and assumption of liability
contained in section eight-a of this chapter, and providing, further,
that the claimant complies with the limitations of this article.

3. To hear and determine any claim in favor of the state against the
claimant, or against his assignor at the time of the assignment.

3-a. To hear and determine the claim for damages against the state for
unjust conviction and imprisonment pursuant to section eight-b of this
article.

4. To render judgment in favor of the claimant or the state for such
sum as should be paid by or to the state.

5. To order two or more claims growing out of the same set of facts to
be tried or heard together, with or without consolidation, whenever it
can be done without prejudice to a substantial right.

6. To order the interpleader of other parties known or unknown
whenever necessary for a complete determination of the claim or
counterclaim.

7. To provide for the perpetuation of testimony.

8. To open defaults; to vacate, amend, correct, or modify any process,
claim, order or judgment, in furtherance of justice for any error in
form or substance; before entry of judgment, to reopen a trial and
permit submission of further evidence; to grant a new trial upon any
grounds for which a new trial may be granted in the supreme court.

9. To establish rules for the government of the court and the
regulation of practice therein and to prescribe the forms of procedure
before it, in furtherance of the provisions of this act and not
inconsistent with law, and except as otherwise provided by this act or
by rules of this court or the civil practice law and rules, the practice
shall be the same as in the supreme court.

9-a. To make a declaratory judgment as defined in section three
thousand one of the civil practice law and rules with respect to any
controversy involving the obligation of an insurer to indemnify or
defend a defendant in any action pending in the court of claims,
provided that the court shall have no jurisdiction to enter a judgment
against an insurer pursuant to this subdivision either: (i) for money
damages; or, (ii) if the insurer would otherwise have a right to a jury
trial of the controversy with respect to which the declaratory judgment
is sought.

10. To provide for the regular or special sessions of the court, for
such terms and at such places as it may determine and to prepare the
calendar of cases therefor.

11. The court and the judges shall have all of the powers necessary to
carry out properly the jurisdiction granted and the duties imposed by
this act.

12. To hear and determine special proceedings for the distribution of
moneys deposited pursuant to subdivision (E) of section three hundred
four of the eminent domain procedure law.

13. To hear and determine a claim of any person against the state for
a retaliatory personnel action by its officers or employees pursuant to
section seventy-five-b of the civil service law or section seven hundred
forty of the labor law.