§ 179-o. Court actions or other legal processes. 1. Notwithstanding any other provision of law to the contrary, the liability of the state government, insofar as incurring an obligation to make an interest payment to a contractor pursuant to the terms of this article is concerned, shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. Any such interest payment owed by the state government in accordance with the provisions of this article as of such date shall be paid as directed by the court and, to the extent that the interest payment is attributable to processing delays caused by the state agency which received the proper invoice or by processing delays caused by the department of audit and control, such interest payment shall be made from funds available to said state agency or to the department of audit and control at the time of final judgment.

Terms Used In N.Y. State Finance Law 179-O

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contractor: means any person, partnership, firm, corporation, or association:

    a. See N.Y. State Finance Law 179-E
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Proper invoice: means a written request for a contract payment that is submitted by a contractor setting forth the description, price, and quantity of goods, property, or services delivered or rendered, in such form and supported by such other substantiating documentation as the state comptroller or individual state agency may reasonably require. See N.Y. State Finance Law 179-E
  • State agency: means any department, board, bureau, commission, division, office, council, institution, or committee in the executive, legislative, or judicial branches of state government; the city university of New York when acting on behalf of any of its senior colleges; the facilities development corporation; or the state university construction fund. See N.Y. State Finance Law 179-E

2. With respect to the court actions or other legal processes referred to in subdivision one of this section, any interest obligation incurred by the state government after the date specified in such subdivision pursuant to any provision of law other than this article shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any appropriation available for that purpose.

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