(a) Application. This Part shall be applicable to all actions and proceedings in the Court of Claims.
(b) Waiver. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 206.2 and 206.3, unless prohibited from doing so by statute or by rule of the Chief Judge.
(c) Application of the Court of Claims Act and the Civil Practice Law and Rules. The provisions of this Part shall be construed consistent with the Court of Claims Act, and matters not covered by these provisions or the Court of Claims Act shall be governed by the Civil Practice Law and Rules (CPLR).
(d) Definitions.
(1) “Presiding Judge”. Reference in these rules to the Presiding Judge shall mean the judge of the Court of Claims designated as such by the Governor pursuant to section 2 of the Court of Claims Act.
(2) “Clerk”. References to the clerk in the Court of Claims Act and in these rules are to the Chief Clerk of the Court in Albany, whose mailing address is:
New York State Court of Claims
P.O. Box 7344, Capitol Station
Albany, New York 12224
and whose filing office is located at:
Robert Abrams Building for Law and Justice, 7th Floor
Governor Nelson A. Rockefeller Empire State Plaza
Albany, New York 12223
(3) “Chief Administrator of the Courts” in this Part also includes a designee of the Chief Administrator.
(4) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the Court of Claims Act and CPLR.
Historical Note
Sec. filed Jan. 9, 1986; amd. filed Jan. 31, 1995 eff. Jan. 1, 1995. Amended (d)(2).
Amended (d)(2) Apr. 23, 2010
Amended (d)(2) Aug. 22, 2013