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Frequently Asked Questions
What does the Law Department of the City of Albany handle?
The Law Department of the City of Albany handles the following: - Notice of Claims filed against the City of Albany
- Small Claims actions involving the City of Albany
- Litigation involving the City of Albany
- Prosecution of Traffic Infractions (Albany Police Department and New York State Troopers
- Prosecution of Building and Codes violations
- Prosecution of Animal Control Cases
- Prosecution of violations of the Code of the City of Albany
- Contracts involving the City of Albany
- Land use issues arising in the City of Albany
What
does the City of Albany not handle?The
Law Department of the City of Albany does not handle the follow:- Incorporations
- Foreclosures
- Criminal cases
What
do I do if I have a complaint against the City of Albany, or if I want to seek
reimbursement from the City?If
you have a complaint against the City, or wish to seek reimbursement from the
City, you need to serve a Notice of Claim with the City.Does
the City of Albany award reimbursement in every case?No. Even if it is determined that
liability exists on the part of the City of Albany (see below), the Law
Department must still seek approval from the Board of Estimate and
Apportionment before a claimant may be reimbursed.What
is a Notice of Claim?A “Notice of Claim” is a notice to the City of
Albany of your claim against the City.
The contents of a notice of claim are set forth in the New York General
Municipal Law § 50-e (2). A Notice of
Claim must include: (1) the name and post office address of each claimant, and
of his/her attorney, if any; (2) the nature of the claim; (3) the time when,
the place where and the manner in which the claim arose; and (4) the items of
damage or injuries claimed to have been sustained so far as then
practicable. The notice of claim shall
not state the damages the claimant deems himself/herself entitled to. (See GML § 50-e (2) as set forth
below). How
long do I have to serve a Notice of Claim?According
to New York General Municipal Law § 50-e (1)(a), a notice of claim must be
served within ninety (90) days from the date when the claim arose. (See GML §
50-e (1)(a) as set forth below).How do I serve a Notice of Claim?A notice of claim
must be served within the ninety (90) day statutory period by delivering a copy
personally, or by registered or certified mail to:Corporation Counsel
City Hall, Room 106
Albany, NY 12207
Are there any costs involved with filing a Notice of Claim?
There is no fee or cost to serve a notice of claim.
Where can I get a Notice of Claim form?
To get a copy of the Notice of Claim form, you can do any of the following:
- Download the form from our website;
- Call the Corporation Counsel's office at (518) 434-5050 and request to have a form mailed to you; or
- Visit the Corporation Counsel's office at City Hall, Room 106, to request a form.
After I file a Notice of Claim, what is the proceess? After the filing of a Notice of Claim, the City of Albany conducts an investigation into the facts alleged in the Notice of Claim. Once an investigation is completed, an attorney is assigned to assess the legal liability of the City.
Approximately how long does it take for the City of Albany to respond to
a Notice of Claim?
The City of Albany usually takes 6-8 weeks to fully investigate the facts
and circumstances surrounding a Notice of Claim. If there are complex issues of fact and/or law, however, it may
take longer.
What happens if it
is determined that there is no liability on the part of the City of Albany?
In the event that
it is determined that there is no liability on the part of the City of Albany,
the individual who filed the Notice of Claim will be notified via mail.
What is “prior
written notice”?
The Code of the
City of Albany, section 24-1, subdivision A, provides that no civil action
shall be maintained against the city for damages or injuries to a person or
property that is sustained by any street, highway, bridge, culvert, sidewalk or
crosswalk being defective, out of repair, unsafe, dangerous or obstructed
unless, prior to the occurrence resulting in such damages or injury, written
notice of the defective, unsafe, dangerous or obstructed condition of said
street, highway, bridge, culvert, sidewalk or crosswalk was actually given to
the Commission of Public Works and there was a failure or neglect within a
reasonable time after the receipt of such notice to repair or remove the
defect, danger or obstruction complained of (see section 24-1 of the Code of
the City of Albany).
What happens if it
is determined that the City of Albany is liable for my loss, as is detailed in
the Notice of Claim?
If, after a full
investigation, it is determined that the City of Albany is liable for the loss
set forth in the Notice of Claim, a letter will be mailed indicating this fact,
and a settlement proposal will be made.
After such settlement proposal is made, and is accepted by the claimant,
the settlement is submitted to the Board of Estimate and Apportionment to
approve such agreement.
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