Recent New York Court of Appeals Decision on Online Reporting System (SeeClickFix)

NYCOM wants to ensure that our members are aware of last month’s Court of Appeals decision in the case Calabrese v. City of Albany. In short, the Court ruled that reports submitted via the City of Albany’s citizen request management system (SeeClickFix, a web-based 311 system) satisfied the requirements of Albany’s prior written notice of defect local law. A copy of the decision is HERE for your reference.

In upholding the decisions of the trial court and the Appellate Division, the Court of Appeals found that the City of Albany’s prior written notice of defect local law could be satisfied by submitting reports via SeeClickFix (SCF). The key issue in the Court’s decision is the language that the City used in its prior written notice local law, which requires that the notice be “written” and “actually given to the Commissioner of Public Works.” The court noted that the reports users submit themselves via SCF satisfy the “written notice” component of the City’s law. The Court also noted, however, that local governments may provide a different, more specific definition of “written notice.” In addition, the Court concluded the reports submitted through SCF were “actually given” to the Commissioner.

The key to using a platform such as SCF without it constituting prior written notice of defect is to clearly articulate in the local law establishing the prior written notice of defect requirement that SCF (or a similar platform) is not an acceptable method of filing such notices. Furthermore, local laws should also be clear as to how such written notices of defect must be filed with the local government (e.g., by hand, first class or certified mail).

City and village officials should review the Court’s decision as well as their own prior written notice of defect local laws to determine if they need to amend their prior written notice of defect procedures to address the Court’s holding and limit their local government's exposure from electronically submitted written reports of defects.

NYCOM is working with attorneys who specialize in municipal tort defense to develop a sample local law to address the issues raised in the decision.

Questions about this decision can be directed to NYCOM General Counsel Wade Beltramo at This email address is being protected from spambots. You need JavaScript enabled to view it. or NYCOM Legislative Director Brian Coffin at This email address is being protected from spambots. You need JavaScript enabled to view it..