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1. What does the Law Department of the City of Albany handle?

The Law Department of the City of Albany handles the following:

• Contracts involving the City of Albany
• Land use issues arising in the City of Albany
• Litigation involving the City of Albany
• Notice of Claims filed against the City of Albany
• Prosecution of Animal Control Cases
• Prosecution of Building and Codes violations
• Prosecution of Traffic Infractions (Albany Police Department and New York State Troopers)
• Prosecution of violations of the Code of the City of Albany
• Small Claims actions involving the City of Albany

The Law Department of the City of Albany does not handle the following:

• Criminal cases
• Foreclosures
• Incorporations

2. 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.

3. 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, the Law Department must still seek approval from the Board of Estimate and Apportionment before a claimant may be reimbursed.

4. 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
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.

5. 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 90 days from the date when the claim arose.

6. How do I serve a Notice of Claim?

A notice of claim must be served within the 90 day statutory period by delivering a copy personally, or by registered or certified mail to:
Corporation Counsel
24 Eagle Street
Room 106
Albany, NY 12207

7. Are there any costs involved with filing a Notice of Claim?

There is no fee or cost to serve a Notice of Claim.

8. 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 Notice of Claim Form (PDF)
• Call the Corporation Counsel’s office at 518-434-5050 and request to have a form mailed to you
• Visit the Corporation Counsel’s office at City Hall, Room 106, to request a form

9. After I file a Notice of Claim, what is the process?

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.

10. 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 to 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.

11. 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.

12. What is “prior written notice?"

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.

13. 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.