N.Y. SOS Law § 110-A — New York Code / Act SOS / Article 3 / Title 6 / Section 110-A
Special provisions for legal services to enforce support to recover costs of public assistance and care and to establish paternity
Status: in_force

§ 110-a.  Special provisions for legal services to enforce support to\nrecover costs of public assistance and care and to establish paternity.\n1.  Any inconsistent provision of law notwithstanding, the appropriating\nbody of a social services district may authorize and make provision for\nthe social services commissioner of such district to obtain:  (a)\nnecessary legal services on a fee for service basis or other appropriate\nbasis which the department may approve, to obtain support from spouses\nand parents, to recover costs of public assistance and care granted, to\nestablish paternity, and to initiate and prosecute proceedings for the\ncommitment of the guardianship and custody of destitute or dependent\nchildren to authorized agencies, pursuant to the provisions of this\nchapter and the domestic relations law, the family court act and other\nlaws, and (b) necessary services of private investigators, licensed\npursuant to section seventy of the general business law, on a fee for\nservice or other appropriate basis which the department may approve, to\nprovide investigative assistance in efforts of the district to locate\nabsent parents and fathers of children born out of wedlock.\n  2.  Expenditures made by a social services district for the costs of\nsuch services shall be subject to reimbursement by the state pursuant to\nthe provisions of section one hundred fifty-three or other appropriate\nprovisions of this chapter.\n
N.Y. EDN Law § 4212 — New York Code / Act EDN / Title 6 / Article 85 / Section 4212
Protection of pupils
Status: in_force

§ 4212. Protection of pupils. The department shall:\n  (a) Promulgate regulations concerning standards for the protection of\nchildren in residential care from reportable incidents in accordance\nwith this section and article eleven of the social services law,\nincluding procedures for:\n  (i) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, the review and\nevaluation of the backgrounds of and the information supplied by any\nperson applying to be an employee, a volunteer or consultant, which\nshall include but not be limited to the following requirements: that the\napplicant set forth his or her employment history, provide personal and\nemployment references, and relevant experiential and educational\ninformation, and sign a sworn statement indicating whether the\napplicant, to the best of his or her knowledge, has ever been convicted\nof a crime in this state or any other jurisdiction;\n  (ii) establishing, for employees, relevant minimal experiential and\neducational qualifications, consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n  (iii) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n  (iv) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nalleged to have been subjected to a reportable incident in a report to\nthe vulnerable persons' central register in accordance with section four\nhundred ninety-two of the social services law as well as other children\nin care, immediately upon notification that such a report of an\nallegation of a reportable incident has been made with respect to a\nchild in such residential facility or program;\n  (v) removing a child when it is determined that there is risk to such\nchild if he or she continues to remain within a residential facility or\nprogram; and\n  (vi) appropriate preventive and remedial action to be taken including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n  (vii) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision four of section four hundred\nninety-three of the social services law, that is included on the\nvulnerable persons' central register is not hired or otherwise used in\nany position in which such individual would have regular and substantial\ncontact with a service recipient in any program described in paragraph\n(e) of subdivision four of section four hundred eighty-eight of the\nsocial services law.\n  Such standards shall also establish as a priority requirements that:\n  (A) subject to the amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing: child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from reportable\nincidents, and other appropriate topics, provided, however, that the\ndepartment may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience; and\n  (B) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the program, in techniques and\nprocedures which will enable such children to protect themselves from\nreportable incidents.\n  The department shall take all reasonable and necessary actions to\nassure that employees, volunteers and consultants in residential\nfacilities and programs are kept apprised on a current basis of all\ndepartment policies and procedures relating to the protection of\nchildren from reportable incidents, and shall monitor and supervise the\nprovision of training to such employees, volunteers and consultants.\nRegulations and standards developed pursuant to this subdivision shall,\nto the extent possible, be consistent with those promulgated by other\nstate agencies for such purposes.\n  (b) Provide for the development and implementation of a plan of\nprevention and remediation with respect to a substantiated report of\nabuse or neglect. Such action shall include: (i) within ten days of\nreceipt of such a substantiated report, development and implementation\nof a plan of prevention and remediation to be taken with respect to a\ncustodian or the residential facility in order to assure the continued\nhealth and safety of children and to provide for the prevention of\nfuture acts constituting reportable incidents; and (ii) development and\nimplementation of a plan of prevention and remediation, in the event an\ninvestigation of a report of an allegation of abuse or neglect\ndetermines that a preponderance of the evidence of such allegation\nexists and such substantiated allegation may be attributed in whole or\nin part to noncompliance by the residential facility or program with\nprovisions of this chapter or regulations of the department applicable\nto the operation of a residential facility or program. Any plan of\nprevention and remediation required to be developed by a facility\nsupervised by the department shall be submitted to and approved by the\ndepartment in accordance with time limits established by regulations of\nthe department. Implementation of the plan shall be monitored by the\ndepartment. In reviewing the continued qualifications of a residential\nfacility or program for an operating certificate, the department shall\nevaluate such facility's compliance with plans of prevention and\nremediation developed and implemented pursuant to this subdivision.\n
N.Y. PBA Law § 1149-V — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-V
Separability clause
Status: in_force

§ 1149-v. Separability clause. If any section, clause or provision in\nthis title shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 1141*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1141*2
Environmental applications, proceedings, approvals and permits
Status: in_force

* § 1141. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title heretofore filed, or any proceeding\nheretofore commenced, or any determination or decision heretofore made\nby the county, any municipality within the county or any water district,\nsewer district or district corporation and sent to or filed with the\nstate department of environmental conservation, the department of\ntransportation or any other state agency or instrumentality or with the\nUnited States environmental protection agency or any other federal\nagency or instrumentality shall inure to and for the benefit of the\nauthority to the same extent and in the same manner as if the authority\nhad been a party to such application or proceeding from its inception,\nand the authority shall be deemed a party thereto, to the extent not\nprohibited by any federal law. Any license, approval, permit or decision\nheretofore or hereafter issued or granted pursuant to or as a result of\nany such application or proceeding shall inure to the benefit of and be\nbinding upon the authority and shall be assigned and transferred by the\ncounty or any such municipality to the authority, unless such assignment\nand transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n  * NB There are 2 § 1141's\n
N.Y. SOS Law § 106-C — New York Code / Act SOS / Article 3 / Title 6 / Section 106-C
Crediting of overpayment of tax to obligation of public assistance recipients
Status: in_force

§ 106-c. Crediting of overpayment of tax to obligation of public\nassistance recipients. 1. The commissioner shall enter into an agreement\nwith the commissioner of taxation and finance which shall set forth the\nprocedures for the crediting of overpayments of tax owed to an\nindividual taxpayer, estate or trust to the repayment of overpayments of\ngrants and allowances owed to the department or a social services\ndistrict by such person pursuant to the provisions of section one\nhundred seventy-one-f of the tax law and is authorized to furnish to the\ncommissioner of taxation and finance such information and to take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section, for the crediting of overpayments of tax to\nrepayment of overpayments of public assistance.\n  The department shall by regulation establish procedures by which any\nindividual, estate or trust which is the subject of a certification to\nthe department of taxation and finance in accordance with such agreement\nmay contest such certification. Such regulations and the notice required\nby subdivision three of section one hundred seventy-one-f of the tax law\nshall set forth defenses which may be available to the individual,\nestate or trust to contest such certification and the manner in which a\nreview of the certification based on such defenses may be obtained.\n  2. In accordance with such agreement and the provisions of section one\nhundred seventy-one-f of the tax law, the department shall be entitled\nto receive payments to satisfy the payment obligation of a person\nreceiving or who has received grants and allowances pursuant to section\none hundred thirty-one-a, section one hundred thirty-one-s, section\nthree hundred one, and section three hundred fifty-j of this chapter, in\naccordance with a written final determination of the department or a\nsocial services district, provided that no proceeding for administrative\nor judicial review shall then be pending and the time for initiation of\nsuch proceeding shall have expired.\n
N.Y. LAB Law § 570 — New York Code / Act LAB / Article 18 / Title 6 / Section 570
Payment of contributions
Status: in_force

§ 570. Payment of contributions. 1. Rate. Each employer liable under\nthis article shall pay contributions on all wages paid by him at the\nrate of five and four-tenths per centum or, if applicable to the\nemployer, at the rate provided by the provisions of sections five\nhundred seventy-seven and five hundred eighty-one. However, if\ncontributions so established exceed five and four-tenths per centum of\nwages paid by him which are subject to the federal unemployment tax act,\nthey shall be reduced by that part of such excess, if any, which is\ncaused by the provisions of paragraph (b) of subdivision one of section\nfive hundred eighteen.\n  2. Time and method of payment. Contributions shall become payable by\nany employer for wages paid on and after the date on which he becomes\nliable under this article. All contributions from employers shall be\npaid at such times and in such manner as the commissioner may prescribe.\n  3. Default. An employer who fails to pay contributions required to be\nmade by him to the fund shall pay interest at the rate of one per centum\nof the amount of such contributions for each month he is in default.\nSuch interest shall be assessed, collected and paid as part of the\npayment required to be made by the employer to the fund.\n  4. Fraud. If any part of any deficiency is due to fraud with intent to\navoid payment of contributions to the fund, fifty per centum of the\ntotal amount of the deficiency, in addition to such deficiency, shall be\nassessed, collected, and paid in the same manner as if it were a\ndeficiency.\n  5. Refunds and credits. If an employer shall make application for a\nrefund of any contribution, interest, or penalty paid by him or for a\ncredit thereof and the commissioner shall determine that such\ncontribution, interest or penalty, or any portion thereof was\nerroneously collected, the commissioner shall refund said amount or\nallow a credit therefor. If said refund was created as a result of\ndepartmental error then the commissioner shall pay said refund with\ninterest paid at the rate of three-fourths of one per centum of the\namount of such contribution, interest and penalty for each month between\nthe time of the erroneous collection and thirty days previous to the\ndate of the refund check, as specified in this subdivision, unless the\nemployer shall have already deducted said amount by way of credit\nagainst moneys payable by him into the fund. No refund or credit shall\nbe allowed unless an application therefor shall be made on or before\nwhichever of the following dates shall be the later: (a) one year from\nthe date on which such payment was made; or (b) three years from the\nlast day of the first month following the end of that calendar quarter\nduring which the remuneration was paid which formed the basis for\ncontributions, interest, or penalty claimed to have been erroneously\ncollected. For a like cause and within the same period a refund may be\nso made or a credit allowed on the initiative of the commissioner. Any\ncredit or refund of interest and penalties erroneously collected, any\ninterest on such credit or refund, and any interest on contributions,\ninterest and penalties erroneously collected, allowed by the\ncommissioner under the foregoing conditions, shall be a charge against\nthe special fund. Any credit or refund of contributions erroneously\ncollected, allowed by the commissioner under the foregoing conditions,\nshall be a charge against the unemployment insurance fund.\n  Nothing contained in this subdivision shall require or permit the\nrefund or credit of any contributions due and payable under article\neighteen of this chapter as in effect at the time such contributions\nwere paid.\n  6. Agreement to contributions by employees void. No agreement by an\nemployee to pay any portion of the payment made by his employer for the\npurpose of providing benefits required by this article shall be valid\nand no employer shall make a deduction for such purpose from the\nremuneration of any employee.\n  7. (a) In addition to amounts otherwise payable under this article,\nevery employer liable for the payment of contributions shall pay\ncontributions of three-tenths per centum on all wages paid by him during\nthe calendar year nineteen hundred seventy-nine. Such contributions\nshall be credited to the employer's account pursuant to paragraph (d) of\nsubdivision one of section five hundred eighty-one and shall be used\nonly for the purpose set forth below in paragraphs (b) and (c) of this\nsubdivision.\n  (b) If, on or before the tenth day of November, nineteen hundred\nseventy-nine, the commissioner determines that the outstanding balance\nof advances made to the state pursuant to title XII of the federal\nsocial security act can be repaid in full to the treasury of the United\nStates for credit to the federal unemployment account in the federal\nunemployment trust fund, and that after such repayment the state will\nnot require further title XII advances during the remainder of nineteen\nhundred seventy-nine, he shall cause such repayment to be made.\n  (c) On or before the first day of July, nineteen hundred seventy-nine,\npursuant to 20 CFR 601.5(f) the governor shall file with the secretary\nof labor an application for deferral of the tax credit reduction\nrequired by section 3302(c) (2) of the federal unemployment tax act. If\nsuch deferral can be obtained by making the repayment to the treasury of\nthe United States required by 20 CFR 601.5(f)(2)(ii), the commissioner\nshall cause such repayment to be made. If such deferral cannot be so\nobtained, it shall be applied for pursuant to 20 CFR 601.5(f)(2)(i) and,\nin such event, the amount of such additional contributions due by the\nthirty-first day of January, nineteen hundred eighty, by reason of\nparagraph (a) of this subdivision, shall be paid as soon as received to\nthe treasury of the United States to reduce the balance of outstanding\ntitle XII advances.\n
N.Y. PBA Law § 1115-M — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-M
Transfer of officers and employees
Status: in_force

§ 1115-m. Transfer of officers and employees. Any officer or employee\nof the city under civil service who is selected by the authority or the\nwater board may, with the consent of the mayor, be transferred to the\nauthority or the water board, as the case may be, and shall be eligible\nfor such transfer and appointment without examination to comparable\noffices, positions and employment under the authority or the water\nboard, as the case may be. The salary or compensation of any such\nofficer or employee, after such transfer, shall be paid by the authority\nor the water board, as the case may be. Any such officers or employees\nso transferred to the authority or the water board, as the case may be,\npursuant to this section, who are members of or benefit under any\nexisting pension or retirement fund or system, shall continue to have\nall rights, privileges, obligations and status with respect to such fund\nor system as are now prescribed by law, but during the period of their\nemployment by the authority or the water board, as the case may be, all\ncontributions to such funds or systems to be paid by the employer on\naccount of such officers or employees shall be paid by the authority or\nthe water board, as the case may be. All such officers or employees so\ntransferred to the authority or the water board, as the case may be, who\nhave been appointed to positions under the rules and classifications of\nthe personnel officer of the city shall have the same status with\nrespect thereto after transfer to the authority or the water board, as\nthe case may be, as they had under their original appointment.\n
N.Y. EDN Law § 4605 — New York Code / Act EDN / Title 6 / Article 93 / Section 4605
Vocational and educational guidance
Status: in_force

§ 4605. Vocational and educational guidance.  1. The board of\neducation of each school district or board of cooperative educational\nservices may employ qualified persons for the purpose of providing\nvocational and educational guidance for minors.  Such vocational and\neducational guidance service and the qualifications of the counselors\nemployed for such work shall be approved by the commissioner.\n  2. The board of education of each school district or board of\ncooperative educational services may establish, conduct and maintain as\na part of the public school system a guidance bureau which shall perform\nsuch of the following duties as may be determined by such board:\n  a. Providing information and counsel for pupils regarding educational\nand occupational opportunities.\n  b. Providing employment and follow-up services for minors in\ncooperation with existing public agencies.\n  c. Conducting research studies of pupils and the local educational and\noccupational opportunities in cooperation with existing public agencies.\n  d. Assisting in the organization of courses of study dealing with\neducational and occupational opportunities for use in the schools and in\nteaching and supervising such courses.\n  e. Organizing and conducting a counseling service in the schools to\nassist pupils in the formation of their educational and vocational\nplans.\n  f. Cooperating with other staff members to advance the educational and\noccupational progress of pupils.\n
N.Y. TWN Law § 55-C — New York Code / Act TWN / Article 3-A / Title 6 / Section 55-C
Deposit and investment of and accounting for moneys in reserve funds
Status: in_force

§ 55-c. Deposit and investment of and accounting for moneys in reserve\nfunds. 1. The money in each reserve fund established pursuant to this\narticle shall be deposited and secured in the manner provided by section\nten of the general municipal law.\n  2.  The town board or the chief fiscal officer of the town, if the\ntown board shall delegate such duty to him, may invest the moneys in\neach such reserve fund or, in two or more such funds, in the manner\nprovided in section eleven of the general municipal law. Any interest\nearned or capital gains realized on the money so deposited or invested\nshall accrue to and become a part of each such fund. Where the money in\ntwo or more such reserve funds are invested together, the interest\nearned or capital gains realized shall be apportioned to each separate\nfund in the same proportion as the amount of each fund bears to the\naggregate amount of the several funds.\n  3.  The chief fiscal officer shall keep a separate account for each\nsuch fund. Such account shall show:\n  (a) The date and amount of each sum paid into the fund.\n  (b) The interest earned by such fund.\n  (c) The capital gains or losses resulting from the sale of investments\nof the fund.\n  (d) The interest or capital gains which have accrued to the fund.\n  (e) The amount and date of each expenditure from the fund.\n  (f) The assets of the fund, indicating the cash balance therein and\nthe schedule of the amounts invested.\n  The chief fiscal officer, at the termination of each fiscal year,\nshall render a detailed report of the operation and condition of each\nsuch fund to the town board.\n  4.  The members of the town board are hereby declared trustees of each\nsuch fund and shall be subject to all the duties and responsibilities\nimposed by law on trustees, and such duties and responsibilities may be\nenforced by the town, or by any board, commission, agency, officer or\ntaxpayer thereof.\n  5. The members of the town board shall not:\n  (a) Authorize an expenditure or withdrawal from any such fund for any\npurpose other than for the financing of an object or purpose which has\nbeen authorized to be financed in whole or in part from such fund; or\n  (b) Expend any money withdrawn from any such fund for a purpose other\nthan that for which it was authorized to be withdrawn.\n  Any violation of this subdivision shall be an offense punishable by a\ncivil penalty of not more than one hundred dollars. The provisions of\nthis subdivision shall be considered to be in addition to any other\npenalties provided by law.\n
N.Y. ELN Law § 5-614 — New York Code / Act ELN / Article 5 / Title 6 / Section 5-614
Statewide voter registration list
Status: in_force

§ 5-614. Statewide voter registration list. 1. There shall be one\nofficial record of the registration of each voter. Such record shall be\nmaintained in an interactive, statewide, computerized, voter\nregistration list. Such statewide voter registration list shall\nconstitute the official list of voters for the state of New York. Such\nlist shall be in the custody of the state board of elections and\nadministered and maintained by the state board of elections, subject to\nrules and regulations promulgated by the state board of elections in\naccordance with subdivision four of section 3-100 of this chapter. Local\nboards of elections shall comply with all the rules and regulations\npromulgated by the state board of elections pursuant to this section.\n  2. The official statewide voter registration list shall be created by\ncombining the existing voter registration list maintained by each local\nboard of elections into a single integrated list. The state board of\nelections, pursuant to subdivision four of section 3-100 of this\nchapter, shall promulgate rules and regulations, which shall be binding\nupon each local board of elections, concerning the combining of each\nexisting voter registration list into a single integrated list. Such\nrules and regulations shall be designed, to the maximum extent\npracticable, to allow each local board of elections to continue to use\nits existing computer infrastructure, computer software and database\napplications to access data from and transmit data to the statewide\nvoter registration list. To create such list, each local board of\nelections shall transmit to the state board of elections a certified\ncopy of the voter registration records of such board in an electronic\nformat prescribed by the state board of elections. The state board of\nelections shall on an ongoing basis compile such records from the local\nboards of elections into a statewide voter registration list. The\ncomputer infrastructure of such list shall be maintained and\nadministered by the state board of elections and such board shall, in\naccordance with subdivision four of section 3-100 of this chapter,\npromulgate uniform rules and regulations for the maintenance of voter\nregistration records not inconsistent with this chapter. The state board\nof elections shall make accessible to each local board of elections the\nstatewide voter registration list. Such list shall be maintained in a\ncomputerized form which permits different user interfaces.\n  3. The statewide voter registration list shall:\n  a. serve as the single system for storing and managing the official\nlist of registered voters throughout the state which local boards of\nelections shall use for creating the computer generated registration\nlist prepared for each election for each election district as provided\nby this chapter;\n  b. contain the name and registration information of every legally\nregistered voter in the state, as provided by section 5-500 of this\narticle and such other information as may be deemed necessary by the\nstate board of elections in accordance with subdivision four of section\n3-100 of this chapter;\n  c. contain a unique identifier for each legally registered voter in\nthe state;\n  d. be coordinated and referenced with other state and federal\nidentification records;\n  e. provide timely electronic access to the information contained\ntherein to election officials;\n  f. provide that all voter registration information obtained by a local\nboard of elections shall be electronically entered into such list on an\nexpedited basis at the time the information is provided to such board;\n  g. ensure that the state board of elections provides such support as\nmay be required so that local boards of elections are able to enter the\ninformation described in paragraph f of this subdivision;\n  h. serve as the official voter registration list for the conduct of\nall elections in the state which are administered by local boards of\nelections; and\n  i. allow local boards of elections, using their own systems, to\nperform essential election functions including but not limited to\nprocessing of early mail voters, absentee voters, administration of poll\nworkers and polling places, assignment of election jurisdictions based\non residence and address and other functions necessary for the conduct\nof elections using voter registration information from the official\nstatewide voter registration list.\n  4. Adding, changing, canceling or removing voter registration records\nshall be conducted only by local boards of elections as provided by this\nchapter.\n  5. For purposes of removing names of ineligible voters from the list\nof eligible voters, the state board of elections shall obtain and\ntransmit to local boards of elections (a) the list of persons who have\ndied maintained by the New York city department of health and the state\ndepartment of health, and (b) the list of persons subject to forfeiture\nof the right to vote pursuant to section 5-106 of this article\nmaintained by the office of court administration or by a court having\nmade such determination.\n  6. Each local board of elections shall, within twenty-five days after\nreceiving such list of decedents or list of persons subject to\nforfeiture of the right to vote pursuant to section 5-106 of this\narticle, use such lists to identify and remove decedents and persons\nsubject to forfeiture of the right to vote pursuant to section 5-106 of\nthis article from the list of eligible voters.\n  7. The local board of elections shall electronically file with the\nstate board of elections a cancellation and removal report indicating\nall cancellations and removal actions taken by the local board of\nelections from the list of eligible voters. Such report shall be filed\nin a format and at such intervals as directed by the state board of\nelections.\n  8. If the information received by the board of elections through the\nstatewide voter registration list indicates that a voter is currently\nregistered to vote more than once, the local board of elections\ncontaining the registration record of the earlier dated registration\nrecord shall send such voter the confirmation notice prescribed by\nsection 5-712 of this article and place such voter in inactive status\npursuant to section 5-213 of this article.\n  9. The state board of elections shall, in accordance with subdivision\nfour of section 3-100 of this chapter, promulgate rules and regulations\nto ensure compliance with the adding, changing, canceling or removing of\nvoters from the single, official, statewide voter registration list.\n  10. Any person may bring a challenge pursuant to this chapter against\nany board of elections to compel the removal of an ineligible voter from\nthe list of eligible voters or to compel the correction of a\nregistration record in the case of a voter wrongfully canceled or\nremoved from the statewide, single, official voter registration list.\n  11. The state board of elections shall establish a statewide voter\nhotline using information available through the statewide voter\nregistration list for voters to obtain information regarding their voter\nregistration.\n  12. a. The state board of elections, in consultation with local boards\nof elections and in accordance with subdivision four of section 3-100 of\nthis chapter, shall establish minimum standards for statewide voter\nregistration list maintenance activities and schedules for such\nactivities by regulation.\n  b. The list maintenance performed pursuant to the minimum standards\nrequired by paragraph a of this subdivision shall be conducted in a\nmanner consistent with this chapter to ensure that:\n  (1) the name of each registered voter appears in the statewide voter\nregistration list;\n  (2) only names of persons who are not registered or who are not\neligible to vote are removed from such list; and\n  (3) the prior registrations of duplicate names are removed from such\nlist.\n  13. The state board of elections shall provide adequate technological\nsecurity measures to prevent the unauthorized access to or disruption of\nthe statewide voter registration list established pursuant to this\nsection and any voter registration records electronically transmitted\nbetween local boards of elections and the state board of elections as\nprovided for in subdivision two of this section. A copy of such list\nshall be stored at least twenty-five miles away from the place where the\noriginal is housed.\n  14. The statewide voter registration list system shall ensure that\nvoter registration records in the state are accurate and are updated\nregularly, including a system of file maintenance that makes a\nreasonable effort to remove registrants who are ineligible to vote from\nthe official list of eligible voters, as provided for by this chapter.\n
N.Y. PBA Law § 1115-Y — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-Y
Audit and annual report
Status: in_force

§ 1115-y. Audit and annual report. The accounts of the authority and\nthe water board shall be subject to the supervision of the city\ncomptroller. The authority shall annually submit to the governor and\ncomptroller and to the state legislature a detailed report pursuant to\nthe provisions of section two thousand five hundred of title one of\narticle nine of this chapter, and a copy of such report shall be filed\nwith the mayor. The authority shall comply with the provisions of\nsections two thousand five hundred one, two thousand five hundred two,\nand two thousand five hundred three of title one of article nine of this\nchapter.\n
N.Y. GOB Law § 5-601 — New York Code / Act GOB / Article 5 / Title 6 / Section 5-601
Interest on deposits in escrow with mortgage investing institutions
Status: in_force

§ 5-601. Interest on deposits in escrow with mortgage investing\ninstitutions. Any mortgage investing institution which maintains an\nescrow account pursuant to any agreement executed in connection with a\nmortgage on any one to six family residence occupied by the owner or on\nany property owned by a cooperative apartment corporation, as defined in\nsubdivision twelve of section three hundred sixty of the tax law, (as\nsuch subdivision was in effect on December thirtieth, nineteen hundred\nsixty), and located in this state shall, for each quarterly period in\nwhich such escrow account is established, credit the same with dividends\nor interest at a rate of not less than two per centum per year based on\nthe average of the sums so paid for the average length of time on\ndeposit or a rate prescribed by the superintendent of financial services\npursuant to section fourteen-b of the banking law and pursuant to the\nterms and conditions set forth in that section whichever is higher. The\nsuperintendent of financial services shall prescribe by regulation the\nmethod or basis of computing any minimum rate of interest required by\nthis section and any such minimum rate shall be a net rate over and\nabove any service charge that may be imposed by any mortgage lending\ninstitution for maintaining an escrow account. No mortgage investing\ninstitution shall impose a service charge in connection with the\nmaintenance of an escrow account unless provision therefor was expressly\nmade in a loan contract executed prior to the effective date of this\nsection.\n
N.Y. ENV Law § 72-0602 — New York Code / Act ENV / Article 72 / Title 6 / Section 72-0602
State pollutant discharge elimination system program fees
Status: in_force

§ 72-0602. State pollutant discharge elimination system program fees.\n  All persons required to obtain a permit or certificate pursuant to the\nstate pollutant discharge elimination system (SPDES) program as defined\nin section 72-0601 of this title shall submit annually to the department\na fee in an amount to be determined as follows:\n  a. $330.00 for any P/C/I facilities having a permit to discharge or\ndischarging at an average daily rate of less than 100,000 gallons;\n  b. $675.00 for P/C/I facilities having a permit to discharge or\ndischarging at an average daily rate of 100,000 gallons or more;\n  c. $675.00 for industrial facilities having a permit to discharge or\ndischarging at an average daily rate of less than 10,000 gallons;\n  d. $2,300.00 for industrial facilities having a permit to discharge or\ndischarging at an average daily rate of between 10,000 gallons and\n99,999 gallons;\n  e. $6,700.00 for industrial facilities having a permit to discharge or\ndischarging at an average daily rate of between 100,000 gallons and\n499,999 gallons;\n  f. $22,500.00 for industrial facilities having a permit to discharge\nor discharging at an average daily rate of between 500,000 and 999,999\ngallons;\n  g. $33,500.00 for industrial facilities having a permit to discharge\nor discharging at an average daily rate of between 1,000,000 and\n9,999,999 gallons;\n  h. $56,000.00 for industrial facilities having a permit to discharge\nor discharging at an average daily rate of 10,000,000 gallons or more;\n  i. $56,000.00 for any power plant;\n  j. $425.00 for municipal facilities having a permit to discharge or\ndischarging at an average daily rate of less than 200,000 gallons;\n  k. $2,000.00 for municipal facilities having a permit to discharge or\ndischarging at an average daily rate of between 200,000 and 999,999\ngallons;\n  l. $8,000.00 for municipal facilities having a permit to discharge or\ndischarging at an average daily rate of between 1,000,000 and 4,999,999\ngallons;\n  m. $15,500.00 for municipal facilities having a permit to discharge or\ndischarging at an average daily rate of between 5,000,000 and 39,999,999\ngallons;\n  n. $38,500.00 for municipal facilities having a permit to discharge or\ndischarging at an average daily rate of 40,000,000 gallons or more;\n  o. $100.00 for any facility having a permit to discharge or\ndischarging ballast no more than 1,000,000 gallons in any twenty-four\nhour period;\n  p. $500.00 for any facility having a permit to discharge or\ndischarging ballast in excess of 1,000,000 gallons in any twenty-four\nhour period;\n  q. $110.00 per acre disturbed plus $675.00 per future impervious acre\nfor any facility, not owned or managed by a local government or a state\ndepartment, agency, or authority, discharging or authorized to discharge\npursuant to a SPDES permit for stormwater discharges from construction\nactivity. For the purposes of this subdivision, acres disturbed are\nacres subject to clearing, grading, or excavating subject to SPDES\npermitting and future impervious acres are acres that will be newly\npaved or roofed during construction;\n  r. $50.00 for a medium concentrated animal feeding operation\ndischarging or authorized to discharge pursuant to a general permit;\n  s. $50.00 for a large concentrated animal feeding operation\ndischarging or authorized to discharge pursuant to a general permit;\n  t. $110.00 for any facility, other than a municipal separate storm\nsewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to\ndischarge pursuant to a general permit unless a specific fee is imposed\npursuant to subdivisions a through s of this section for such discharge\nor authorization to discharge.\n
N.Y. PBH Law § 2586 — New York Code / Act PBH / Article 25 / Title 6* / Section 2586
Definitions
Status: in_force

§ 2586. Definitions.  As used in this title, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n  1. "Eligible institution" means any child or adult day care\ninstitution defined in federal law, rule or regulations eligible to\nreceive cash assistance under the federal child care and adult food\nprogram. A child day care program shall be licensed by the department of\nsocial services or licensed or otherwise approved by a state or local\ngovernment agency or shall operate under the auspices of a sponsoring\norganization licensed by the department of social services. An adult day\ncare program shall be licensed and approved by the department or other\nstate agency or shall operate under the auspices of a sponsoring\norganization licensed or approved by the department or other state\nagency.\n  2. "Program" means the federal child care and adult food program. (42\nUSCS § 1766).\n
N.Y. EDN Law § 4404 — New York Code / Act EDN / Title 6 / Article 89 / Section 4404
Appeal procedures for children with disabilities
Status: in_force

§ 4404. Appeal procedures for children with disabilities.  * 1. a. If\nthe parent or person in parental relation of a student, the board of\neducation or trustees of a school district or a state agency responsible\nfor providing education to students with disabilities presents a\ncomplaint with respect to any matter relating to the identification,\nevaluation or educational placement of the student or the provision of a\nfree appropriate public education to the student or a manifestation\ndetermination or other matter relating to placement upon discipline of a\nstudent with a disability that may be the subject of an impartial\nhearing pursuant to subsection (k) of section fourteen hundred fifteen\nof title twenty of the United States code and the implementing federal\nregulations, and the party presenting the complaint or their attorney\nprovides a due process complaint notice in accordance with federal law\nand regulations and such complaint sets forth an alleged violation that\noccurred not more than two years before the date the parent or public\nagency knew or should have known about the alleged action that forms the\nbasis for the complaint, the board or agency shall appoint an impartial\nhearing officer to review the due process complaint notice when\nchallenged and, if the matter is not resolved in a resolution session\nthat has been convened as required by federal law, to preside over an\nimpartial due process hearing and make a determination within such\nperiod of time as the commissioner by regulation shall determine,\nprovided that the board of education or trustees shall offer the parent\nor person in parental relation the option of mediation pursuant to\nsection forty-four hundred four-a of this article as an alternative to\nan impartial hearing. Where the parent or person in parental relation or\na school district or public agency presents a complaint, the school\ndistrict or public agency responsible for appointing the impartial\nhearing officer shall provide the parent or person in parental relation\nwith a procedural safeguards notice as required pursuant to subsection\n(d) of section fourteen hundred fifteen of title twenty of the United\nStates code and the implementing federal regulations. Notwithstanding\nany provision of this subdivision to the contrary, the time limitation\non presenting a complaint shall not apply to a parent or person in\nparental relation to the student if the parent or person in parental\nrelation was prevented from requesting the impartial hearing due to\nspecific misrepresentations by the school district or other public\nagency that it had resolved the problem forming the basis of the\ncomplaint or due to the school district's or other public agency's\nwithholding of information from the parent or person in parental\nrelation that was required under federal law to be provided.  Nothing in\nthis subdivision shall be construed to authorize the board of education\nor trustees to bring an impartial hearing to override the refusal of a\nparent or person in parental relation to consent where a local\neducational agency is prohibited by federal law from initiating such a\nhearing.\n  b. If a resolution session resolves the complaint, the parties shall\nexecute a legally binding agreement that is signed by both the parent or\nperson in parental relation and a representative of the school district\nor public agency who has the authority to bind such district or agency\nand shall be enforceable in any state court of competent jurisdiction or\na United States district court. A party may void such agreement within\nthree business days of the agreement's execution.\n  c. Individuals so appointed by a board of education or a state agency\nshall be selected from a list of available impartial hearing officers\nwho have successfully completed an impartial hearing officer training\nprogram conducted by the department according to a rotation selection\nprocess prescribed in regulations of the commissioner; except that a\ncity school district of a city having a population of more than one\nmillion inhabitants shall be exempt from such regulations to the extent\nit maintains its rotational selection process in effect prior to July\nfirst, nineteen hundred ninety-three. A record of proceedings before the\nimpartial hearing officer shall be maintained and made available to the\nparties, and the hearing shall be conducted in accordance with the\nregulations of the commissioner. The board of education or trustees of\nthe school district or the state agency responsible for providing\neducation to students with disabilities shall have the burden of proof,\nincluding the burden of persuasion and burden of production, in any such\nimpartial hearing, except that a parent or person in parental relation\nseeking tuition reimbursement for a unilateral parental placement shall\nhave the burden of persuasion and burden of production on the\nappropriateness of such placement. The decision of the impartial hearing\nofficer shall be binding upon both parties unless appealed to the state\nreview officer. The commissioner shall establish a department training\nprogram which shall be completed to the satisfaction of the commissioner\nas a condition of certification. Impartial hearing officers shall have\nthe qualifications specified in subsection (f) of section fourteen\nhundred fifteen of title twenty of the United States code, the\nimplementing federal regulations and the regulations of the\ncommissioner. The commissioner shall promulgate regulations to ensure\nthat no individual employed by a school district, school or program\nserving students with disabilities placed by a school district committee\non special education acts as an impartial hearing officer and that no\nindividual employed by such schools or programs serves as an impartial\nhearing officer for two years following the termination of such\nemployment. The commissioner shall promulgate regulations establishing\nprocedures for the suspension or revocation of impartial hearing officer\ncertification for good cause. The commissioner shall establish maximum\nrates for the compensation of impartial hearing officers subject to the\napproval of the director of the division of the budget.\n  d. The commissioner shall promulgate regulations establishing\nprocedures and timelines for expedited hearings in cases involving: (1)\nreview of a decision that a student with a disability's behavior was not\na manifestation of such student's disability, or (2) review of an\ninterim alternative educational setting or other placement to the extent\nrequired under federal law, or (3) a request by the school district for\na determination that maintaining the current educational placement of\nthe student is substantially likely to result in injury to the student\nor to others.\n  * NB Effective until June 30, 2027\n  * 1. If the recommendation of the committee on special education is\nnot acceptable to the parent or person in parental relationship of a\nstudent, or if the committee or board of education or trustees fails to\nmake or effectuate such a recommendation within such periods of time as\nmay be required by regulations of the commissioner, such parents or\npersons in parental relationship shall notify the board of education of\nthis situation and the board shall appoint an impartial hearing officer\nto hear the appeal and make a determination within such period of time\nas the commissioner by regulation shall determine, provided that the\nboard of education or trustees shall offer the parent or person in\nparental relationship the option of mediation pursuant to section\nforty-four hundred four-a of this article as an alternative to an\nimpartial hearing. Individuals so appointed by a board of education\nshall be selected from a list of available hearing officers who have\nsuccessfully completed a hearing officer training program conducted by\nthe department according to a rotation selection process prescribed in\nregulations of the commissioner; except that a city school district of a\ncity having a population of more than one million inhabitants shall be\nexempt from such regulations to the extent it maintains its rotational\nselection process in effect prior to July first, nineteen hundred\nninety-three. A record of proceedings before the hearing officer shall\nbe maintained and made available to the parties. The board of education\nor trustees of the school district or the state agency responsible for\nproviding education to students with disabilities shall have the burden\nof proof, including the burden of persuasion and burden of production,\nin any such impartial hearing, except that a parent or person in\nparental relation seeking tuition reimbursement for a unilateral\nparental placement shall have the burden of persuasion and burden of\nproduction on the appropriateness of such placement. The decision of the\nhearing officer shall be binding upon both parties unless appealed to\nthe state review officer. The commissioner shall establish a department\ntraining program which shall be completed to the satisfaction of the\ncommissioner as a condition of certification. The commissioner shall\ndevelop and implement a plan to ensure that no individual employed by a\nschool district, school or program serving students with disabilities\nplaced by a school district committee on special education acts as an\nimpartial hearing officer and that no individual employed by such\nschools or programs serves as an impartial hearing officer for two years\nfollowing the termination of such employment. Such plan shall be fully\nimplemented no later than July first, nineteen hundred ninety-six. The\ncommissioner shall promulgate regulations establishing procedures for\nthe suspension or revocation of impartial hearing officer certification\nfor good cause. The commissioner shall establish maximum rates for the\ncompensation of impartial hearing officers subject to the approval of\nthe director of the division of the budget. The commissioner shall\npromulgate regulations establishing procedures and timelines for\nexpedited hearings in cases involving: (a) review of a decision that a\nstudent with a disability's behavior was not a manifestation of such\nstudent's disability, or (b) review of an interim alternative\neducational setting or other placement to the extent required under\nfederal law, or (c) a request by the school district for a determination\nthat maintaining the current educational placement of the student is\nsubstantially likely to result in injury to the student or to others.\n  * NB Effective June 30, 2027\n  1-a. If the parent or person in parental relation of a student files a\ndue process complaint notice seeking an impartial due process hearing\nwith respect to the evaluation, educational placement, provision of a\nfree appropriate public education to the student or in accordance with\nsection thirty-six hundred two-c of this chapter and an impartial\nhearing officer is not appointed within one hundred ninety-six days\nafter filing such due process complaint notice with the local school\ndistrict, in accordance with regulations promulgated pursuant to this\nsection by the commissioner, an impartial hearing officer may then be\nimmediately appointed to issue an order based upon a proposed order of\nrelief submitted by the parent or person in parental relation of the\nstudent identifying appropriate and individualized programs and services\nfor the student. School districts subject to this subdivision shall\nannually report, on a form prescribed by the commissioner, on the number\nof complaints that seek this relief, the relief sought, and the\nresolution of such complaints to the governor, the commissioner, the\ntemporary president of the senate, the speaker of the assembly, the\nchair of the senate education committee, the chair of the senate city of\nNew York education committee and the chair of the assembly education\ncommittee.\n  2. Review by state review officer. A state review officer of the\neducation department shall review and may modify, in such cases and to\nthe extent that the review officer deems necessary, in order to properly\neffectuate the purposes of this article, any determination of the\nimpartial hearing officer relating to the determination of the nature of\na child's disability, selection of an appropriate special education\nprogram or service and the failure to provide such program and require\nsuch board to comply with the provisions of such modification. The\ncommissioner shall adopt regulations governing the practice and\nprocedure in such appeals to the state review officer; provided,\nhowever, that in no event shall any fee or charge whatsoever be imposed\nfor any appeal taken pursuant to this subdivision. The state review\nofficer is empowered to make all orders which are proper or necessary to\ngive effect to the decision of the review officer.\n  3. Review of the determination of a state review officer regarding\nchildren with disabilities.\n  * a. Any final determination or order of a state review officer\nrendered pursuant to subdivision two of this section may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle four of the civil practice law and rules, and paragraph b of\nthis subdivision, or in United States district court. Any such\nproceeding shall be commenced within four months after the determination\nto be reviewed becomes final and binding on the parties.\n  * NB Effective until June 30, 2027\n  * a. Any final determination or order of a state review officer\nrendered pursuant to subdivision two of this section may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle four of the civil practice law and rules, and paragraph b of\nthis subdivision, or in United States district court.\n  * NB Effective June 30, 2027\n  * b. In any such proceeding under article four of the civil practice\nlaw and rules, the court may grant any relief authorized by the\nprovisions of rule four hundred eleven of such law and rules, which\nshall include any relief available in a civil action under section six\nhundred fifteen of the individuals with disabilities education act (20\nU.S.C. section 1415) and also may, in its discretion remand the\nproceedings to the state review officer for further consideration upon a\nfinding that any relevant and material evidence is then available which\nwas not previously considered by the state review officer. Such\nproceeding shall be deemed a proceeding against a body or officer for\npurposes of section five hundred six of the civil practice law and\nrules. The court shall receive the records of the administrative\nproceedings, shall hear additional evidence at the request of a party,\nand basing its decision on the preponderance of the evidence, shall\ngrant the relief that the court determines to be appropriate.\n  * NB Effective until June 30, 2027\n  * b. In any such proceeding under article four of the civil practice\nlaw and rules, the court may grant any relief authorized by the\nprovisions of rule four hundred eleven of such law and rules, which\nshall include any relief available in a civil action under section six\nhundred fifteen of the individuals with disabilities education act (20\nU.S.C. section 1415) and also may, in its discretion remand the\nproceedings to the state review officer for further consideration upon a\nfinding that any relevant and material evidence is then available which\nwas not previously considered by the state review officer. Such\nproceeding shall be deemed a proceeding against a body or officer for\npurposes of sections two hundred seventeen and five hundred six of the\ncivil practice law and rules. The court shall receive the records of the\nadministrative proceedings, shall hear additional evidence at the\nrequest of a party, and basing its decision on the preponderance of the\nevidence, shall grant the relief that the court determines to be\nappropriate.\n  * NB Effective June 30, 2027\n  4. a. During the pendency of any proceedings conducted pursuant to\nthis section, other than a proceeding subject to paragraph b of this\nsubdivision, and during the initial identification, evaluation and\nplacement procedure pursuant to this section and during the initial\nidentification, evaluation and placement procedure pursuant to section\nforty-four hundred two of this article, unless the local school district\nand the parents or persons in parental relationship otherwise agree, the\nstudent shall remain in the then current educational placement of such\nstudent, or, if applying for initial admission to a public school, shall\nbe placed in the public school program until all such proceedings have\nbeen completed.\n  * b. For students with disabilities placed in an interim alternative\neducational setting pursuant to clause (iv) or (vii) of subparagraph\nthree of paragraph g of subdivision three of section thirty-two hundred\nfourteen of this chapter, during the pendency of proceedings conducted\npursuant to this section in which the parents or persons in parental\nrelation challenge the interim alternative educational setting or a\nmanifestation determination, the student shall remain in the interim\nalternative educational setting pending the decision of the impartial\nhearing officer or until expiration of the time period of the student's\nplacement in an interim alternative educational setting, whichever comes\nfirst, unless the local school district and the parents or persons in\nparental relation otherwise agree. After the expiration of such\nplacement in an interim alternative educational setting, if the school\ndistrict proposes to change the student's placement, during the pendency\nof any proceedings to challenge the proposed change in placement, the\nstudent shall return to and remain in the current educational placement,\nwhich shall be the student's placement prior to the interim alternative\neducational setting, unless the local school district and the parents or\npersons in parental relation otherwise agree or unless as a result of a\ndecision by an impartial hearing officer in an expedited hearing, the\ninterim alternative educational setting is extended for a period not to\nexceed forty-five school days based on a determination that maintaining\nthe current educational placement of the student is substantially likely\nto result in injury to the student or to others. Such procedure for\nextension of an interim alternative educational setting may be repeated\nas necessary.\n  * NB Effective until June 30, 2027\n  * b. For students with disabilities placed in an interim alternative\neducational setting pursuant to clause (iv) or (vii) of subparagraph\nthree of paragraph g of subdivision three of section thirty-two hundred\nfourteen of this chapter, during the pendency of proceedings conducted\npursuant to this section in which the parents or persons in parental\nrelationship challenge the interim alternative educational setting or a\nmanifestation determination, the student shall remain in the interim\nalternative educational setting pending the decision of the hearing\nofficer or until expiration of the time period of the student's interim\nalternative placement, whichever comes first, unless the local school\ndistrict and the parents or persons in parental relationship otherwise\nagree. After the expiration of such interim alternative educational\nplacement, if the school district proposes to change the student's\nplacement, during the pendency of any proceedings to challenge the\nproposed change in placement, the student shall return to and remain in\nthe current educational placement, which shall be the student's\nplacement prior to the interim alternative educational setting, unless\nthe local school district and the parents or persons in parental\nrelationship otherwise agree or unless as a result of a decision by an\nimpartial hearing officer in an expedited hearing, the interim\nalternative educational setting is extended or another appropriate\nplacement is ordered for a period not to exceed forty-five days based on\na determination that maintaining the current educational placement of\nthe student is substantially likely to result in injury to the student\nor to others. Such procedure for extension of an interim alternative\neducational setting may be repeated as necessary.\n  * NB Effective June 30, 2027\n  5. For purposes of this section, to the extent required by federal\nlaw, a student presumed to have a disability for discipline purposes\nshall be deemed to be a student with a disability and the parents or\npersons in parental relationship of a student presumed to have a\ndisability for discipline purposes shall be afforded the procedural\nrights of the parents or persons in parental relationship of a student\nwith a disability. Nothing in this section shall be construed to confer\nupon a student presumed to have a disability for disciplinary purposes\ngreater procedural rights than such student would have under the\nprovisions of section six hundred fifteen of the individuals with\ndisabilities education act.\n
N.Y. PBA Law § 1147-I — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-I
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 1147-i. Environmental applications, proceedings, approvals and\npermits.  Any application in relation to the purposes of or contemplated\nby this title heretofore filed, or any proceeding heretofore commenced,\nby the county or any agency thereof with the state department of\nenvironmental conservation, the department of transportation or any\nother state agency or instrumentality or with the United States\nenvironmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the authority to\nthe same extent and in the same manner as if the authority had been a\nparty to such application or proceeding from its inception, and the\nauthority shall be deemed a party thereto, to the extent not prohibited\nby any federal law. Any license, approval, permit or decision heretofore\nor hereafter issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the authority and shall be assigned and transferred by the\nmunicipalities served by the authority or any agency thereof to the\nauthority, unless such assignment and transfer is prohibited by federal\nlaw.\n
N.Y. RPT Law § 1196 — New York Code / Act RPT / Article 11 / Title 6 / Section 1196
Determination of existence and amount of surplus
Status: in_force

§ 1196. Determination of existence and amount of surplus. 1. (a)\nWithin forty-five days after the sale of tax-foreclosed property, the\nenforcing officer shall determine whether a surplus is attributable to\nsuch sale and if so, the amount thereof. Subject to the provisions of\nsubdivision two of this section, such determination shall be made by\nascertaining the sum of the total amount of taxes due plus interest,\npenalties and other charges as defined by section eleven hundred two of\nthis article, and subtracting such sum from whichever of the following\nis applicable:\n  (i) where the sale was a public sale, the amount to be so subtracted\nshall be the amount paid for the property;\n  (ii) where the sale was not a public sale, the amount to be so\nsubtracted shall be either (A) the full value of the property as shown\non the most recent tax roll, (B) if available, an appraisal prepared by\na licensed New York state appraiser that establishes the full value of\nthe property as of the date of the transfer of title, or (C) the full\nvalue of the property as of the date of the transfer of title as\ndetermined by such other valuation method as the enforcing officer\nreasonably determines will result in just compensation to the former\nowner and other parties whose interests were extinguished by the\nforeclosure.\n  (b) For purposes of this subdivision, where the enforcing officer has\nbeen notified that the tax district intends to retain tax-foreclosed\nproperty for a public use, the property shall be deemed to have been\nsold on the date that the enforcing officer was so notified, and the\nenforcing officer shall determine the existence and amount of a surplus\nrelative to such property in the manner provided by subparagraph (ii) of\nparagraph (a) of this subdivision.\n  2. Notwithstanding the provisions of subdivision one of this section,\nwhen a tax district has sold or conveyed tax-foreclosed property to a\nland bank, a housing development agency or another public entity, and\nsuch sale or conveyance was not the result of a public sale, or when a\ntax district has determined to retain tax-foreclosed property for a\npublic use, no surplus shall be payable if all of the following\nconditions are satisfied:\n  (a) prior to such sale, conveyance or determination, the property had\nbeen offered for sale at two separate public auctions conducted at least\nthree months apart from one another,\n  (b) both auctions had been conducted in full compliance with the\nprovisions of section two hundred thirty-one of the real property\nactions and proceedings law,\n  (c) the minimum acceptable bid at each auction had been set at an\namount no greater than the sum of the taxes due plus interest, penalties\nand other charges, and\n  (d) no qualifying bids were received for the property at either\nauction.\n  3. (a) If the enforcing officer determines that no surplus is\nattributable to the sale, such enforcing officer shall submit a report\nto the court describing the circumstances of the sale, stating that no\nsurplus was attributable to the sale and demonstrating how the enforcing\nofficer reached that conclusion.\n  (b) If the enforcing officer determines that a surplus is attributable\nto the sale, such enforcing officer shall submit a report to the court\ndescribing the circumstances of the sale, stating that a surplus was\nattributable to the sale, and demonstrating how the amount of the\nsurplus was determined. Such surplus shall be paid to the court\ntherewith. Within ten days of submitting such report, the enforcing\nofficer shall notify the former property owner that a surplus was\nattributable to the sale of such property, that such surplus has been\npaid into court, and that the court will notify the interested parties\nof the procedure to be followed in order to make a claim for a share of\nthe surplus.\n  (c) Where the enforcing officer's determination of surplus is based\nupon such enforcing officer's estimate of the property's value, the\nenforcing officer's report to the court shall set forth an explanation\nof how this estimate was made, including the evidence upon which it was\nbased.\n  4. Upon approval by the court of the enforcing officer's report, the\ntax district shall have no further responsibilities in relation to the\nparcel or any surplus attributable thereto, except to the extent the\ncourt directs otherwise pursuant to section eleven hundred ninety-seven\nof this title.\n
N.Y. PBA Law § 2900 — New York Code / Act PBA / Article 9 / Title 6 / Section 2900
Compensation; eminent domain taking
Status: in_force

§ 2900. Compensation; eminent domain taking. When property of a public\nbenefit corporation is taken in the exercise of the power of eminent\ndomain for a purpose substantially different from that for which it is\nheld by such public benefit corporation, just compensation to the public\nbenefit corporation shall be made in the same manner, to the same extent\nand subject to the same limitations as though it were private property.\n
N.Y. PBA Law § 1745 — New York Code / Act PBA / Article 8 / Title 6 / Section 1745
Limited liability
Status: in_force

§ 1745. Limited liability. Neither the members of the board nor any\nofficers or employee of the authority acting on behalf thereof, while\nacting within the scope of such person's authority, shall be subject to\nany liability resulting from carrying out any of the powers expressly\ngiven in this title. A trustee, officer or employee of the authority\nshall be deemed an "employee" for the purposes of section fifty-k of the\ngeneral municipal law, provided, however, that any trustee appointed by\nthe governor or any employee of the state shall be deemed an "employee"\nfor the purposes of section eighteen of the public officers law for any\nactions relating to their activities as a trustee of the authority\ncreated by this title.\n
N.Y. PBA Law § 3630 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3630
General powers of the corporation
Status: in_force

§ 3630. General powers of the corporation. Except as limited by this\ntitle, the public health law, the mental hygiene law, the social\nservices law, the education law, the civil practice law and rules, or\nany other applicable law or regulation, the corporation shall have\npower:\n  1. to sue and be sued and to participate in actions and proceedings,\nwhether judicial, administrative, or otherwise;\n  2. to have a seal and to alter such seal, and to use it by causing it\nor a facsimile thereof to be affixed, impressed, or reproduced in any\nother manner;\n  3. to borrow money and issue bonds for any of its corporate purposes\nor its projects, or to refund the same, and to provide for the rights of\nthe holders thereof;\n  4. to make and alter by-laws for its organization and management and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. to purchase, receive, take by grant, gift, devise, bequest, or\notherwise, lease, or otherwise acquire, own, hold, improve, employ, use,\nand otherwise deal in and with, real or personal property, or any\ninterest therein, wherever situated;\n  6. to purchase, take, receive, subscribe for, or otherwise acquire,\nown, hold, vote, employ, sell, lend, lease, exchange, transfer, or\notherwise dispose of, mortgage, pledge, use, and otherwise deal in and\nwith, bonds and other obligations, shares, or other securities or\ninterests issued by others, whether engaged in similar or different\nbusiness, governmental, or other activities;\n  7. to accept subventions from other persons or any unit of government;\n  8. to sell, convey, lease, exchange, transfer, or otherwise dispose\nof, mortgage or pledge, or create a security interest in, all or any of\nits property, or any interest therein, wherever situated, upon such\nterms and conditions and in such manner as the corporation shall\ndetermine;\n  9. to acquire by condemnation pursuant to the provisions of the\neminent domain procedure law any real property within Erie county\nrequired by the corporation to carry out the powers granted by this\ntitle with the approval of both the Erie county legislature and the\ncounty executive;\n  10. to make capital contributions to other not-for-profit\ncorporations;\n  11. to offer participation in the New York state and local employees'\nretirement system for all its officers and employees and to establish\nand carry out other retirement plans authorized pursuant to the\nretirement and social security law, which may be offered to all of its\nofficers and employees not participating in the New York state and local\nemployees' retirement system, and to establish and carry out other\nincentive and benefit plans, trusts, and provisions for any or all of\nits officers and employees, subject to the applicable provisions of\narticle fourteen of the civil service law;\n  12. to be a promoter, partner, member, associate, or manager of other\nnot-for-profit activities or business enterprises or ventures, or, to\nthe extent permitted in any other jurisdiction, to be an incorporator of\nother corporations of any type or kind;\n  13. to make contracts, give guarantees, and incur liabilities, borrow\nmoney at such rates of interest as the corporation may determine, issue\nnotes, bonds, and other obligations, and secure any of its obligations\nby mortgage or pledge of all or any of its property or any interest\ntherein, wherever situated;\n  14. to issue bonds for any corporate purpose or project, to refund the\nsame, and to provide for the rights of holders thereof;\n  15. to accept gifts, grants, loans, or contributions of funds or\nproperty or financial or other aid in any form from, and enter into\ncontracts or other transactions with, the federal government, the state,\nor any public corporation or any other source, and to use any such\ngifts, grants, loans, or contributions for any of its corporate\npurposes;\n  16. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\ncorporation may deem desirable;\n  17. to lend money, invest and reinvest its funds, and take and hold\nreal and personal property as security for the payment of funds so lent\nor invested;\n  18. to designate the depositories of its money;\n  19. to establish its fiscal year;\n  20. to conduct the activities of the corporation, have offices, and\nexercise the powers granted by this title in any jurisdiction within or\nwithout the United States;\n  21. to appoint such officers, employees, and agents as the corporation\nmay require for the performance of its duties and to fix and determine\ntheir qualifications, duties, and compensation, subject to the\nprovisions of the civil service law and any applicable collective\nbargaining agreement, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional, management, or technical services and advice;\n  22. to use employees, agents, consultants, and facilities of the\ncounty, paying the county its agreed proportion of the compensation or\ncosts pursuant to an agreement with the county;\n  23. to make and adopt plans, surveys, and studies necessary,\nconvenient, or desirable to the effectuation of the purposes and powers\nof the corporation and to prepare recommendations in regard thereto;\n  24. except as limited by state law or regulation, to fix and collect\nrates, rentals, fees, lease payments, and other charges for the services\nrendered by it or for the use of the facilities owned, controlled, or\nadministered by or in the exercise of the powers of the corporation;\n  25. to enter upon such lands, waters, or premises as in the judgment\nof the corporation may be necessary, convenient, or desirable for the\npurpose of making surveys, soundings, borings, and examinations to\naccomplish any purpose authorized by this title, the corporation being\nliable for actual damage done;\n  26. the corporation may covenant and consent that the interest on any\nof its bonds or notes issued pursuant to this title shall be includable,\nunder the United States Internal Revenue Code of 1986, as amended (the\n"code") or any subsequent corresponding internal revenue law of the\nUnited States, in gross income of the holders of the bonds or notes to\nthe same extent and in the same manner that the interest on bills,\nbonds, notes, or other obligations of the United States is includable in\nthe gross income of the holders thereof under the code or any such\nsubsequent law;\n  27. to make, adopt, amend, enforce, and repeal rules for its\ngovernance and internal management and personnel practices, subject to\narticle fourteen of the civil service law, where applicable;\n  28. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and also contract against such\nother risks as the corporation may deem advisable, including the\ninterest rate risk for obligations it issues bearing interest at a\nfloating or otherwise adjustable rate which prevents the actual rate\nover the term of the debt from being ascertained at the date of its\nincurrence, and including the power to make any payments with respect\nthereto; and\n  29. to do all things necessary, convenient, or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. SOS Law § 111-C — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-C
Functions, powers and duties of social services officials
Status: in_force

§ 111-c. Functions, powers and duties of social services officials.\n1. Each social services district shall establish a single organizational\nunit which shall be responsible for such district's activities in\nassisting the state in the location of absent parents, establishment of\nparentage and enforcement and collection of support in accordance with\nthe regulations of the department.\n  2. Each social services district shall:\n  a. obtain assignments to the state and to such district of support\nrights of each applicant for or recipient of public assistance required\nto execute such an assignment as a condition of receiving assistance;\n  b. report to the state all recipients of public assistance with\nrespect to whom a parent has been reported absent from the household;\n  c. obtain information regarding the income and resources of absent\nparents whose whereabouts are known, and shall have access to the\nstatement of net worth filed pursuant to section four hundred\ntwenty-four-a of the family court act and supporting documentation in\nany case where support collection services are being provided as may be\nnecessary to ascertain their ability to support or contribute to the\nsupport of their dependents;\n  d. enforce support obligations owed to the state and to the social\nservices district pursuant to subdivision two of section one hundred\neleven-b of this title; and disburse amounts collected as support\npayments in accordance with the provisions of this chapter and the\nregulations of the department, including the disbursement to the family\nin receipt of public assistance of up to the first one hundred dollars\nfor one child, and up to the first two hundred dollars for two or more\nchildren, collected as current support;\n  e. make periodic reports and perform such other functions in\naccordance with the regulations of the department as may be necessary to\nassure compliance with federal child support program requirements.\n  f. confer with a potential respondent, respondent or other interested\nperson in a proceeding under article four, five, five-A or five-B of the\nfamily court act in an attempt to obtain support payments from such\npotential respondent or respondent;\n  g. obtain from respondent, when appropriate and in accordance with the\nprocedures established by section one hundred eleven-k of this chapter,\nan acknowledgement of parentage or an agreement to make support\npayments, or both;\n  h. report periodically to consumer reporting agencies (as defined in\nsection 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))\ninformation regarding past-due support owed by the parent owing support.\nSuch information must be made available whenever a parent who owes\npast-due support, and shall indicate the name of the parent and the\namount of the delinquency. However, such information shall not be made\navailable to (i) a consumer reporting agency that the office determines\ndoes not have sufficient capability to systematically and timely make\naccurate use of such information, or (ii) an entity that has not\nfurnished evidence satisfactory to the office that the entity is a\nconsumer reporting agency. In determining whether a consumer reporting\nagency lacks sufficient capability to systematically and timely make\naccurate use of such information, the office may require such agency to\ndemonstrate its ability to comply with the provisions of section three\nhundred eighty-j of the general business law and any other requirements\nthe office may prescribe by regulation. A social services official, at\nleast ten days prior to making the information available to a consumer\nreporting agency, must provide notice to the parent who owes the support\ninforming such parent of the proposed release of the information to the\nconsumer reporting agency and informing such parent of the opportunity\nto be heard and the methods available for contesting the accuracy of the\ninformation.\n  3. Notwithstanding the foregoing, the social services official shall\nnot be required to establish the parentage of any child born\nout-of-wedlock, or to secure support for any child, with respect to whom\nsuch official has determined that such actions would be detrimental to\nthe best interests of the child, in accordance with procedures and\ncriteria established by regulations of the department consistent with\nfederal law.\n  4. a. A social services district represents the interests of the\ndistrict in performing its functions and duties as provided in this\ntitle and not the interests of any party. The interests of a district\nshall include, but are not limited to, establishing parentage, and\nestablishing, modifying and enforcing child support orders.\n  b. Notwithstanding any other provision of law, the provision of child\nsupport services pursuant to this title does not constitute nor create\nan attorney-client relationship between the individual receiving\nservices and any attorney representing or appearing for the district. A\nsocial services district shall provide notice to any individual\nrequesting or receiving services that the attorney representing or\nappearing for the district does not represent the individual and that\nthe individual has a right to retain his or her own legal counsel.\n  c. A social services district may appear in any action to establish\nparentage, or to establish, modify, or enforce an order of support when\nan individual is receiving services under this title.\n
N.Y. PBA Law § 1123 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1123
Town of Wilton water and sewer district
Status: in_force

* § 1123. Town of Wilton water and sewer district. There is hereby\ndefined and established an area to be known as the "town of Wilton water\nand sewer district" which shall embrace all the territory located within\nthe town.\n  * NB There are 2 § 1123's\n
N.Y. PBA Law § 1731 — New York Code / Act PBA / Article 8 / Title 6 / Section 1731
Community participation
Status: in_force

§ 1731. Community participation.  1. Prior to the commencing of new\nconstruction or building additions of an educational facility, or the\nacquisition of real property or any interest therein for such purpose,\nthe authority shall file a copy of the site plan of such facility in its\noffices and shall provide a copy thereof to the city board, the city\nplanning commission and the community school district education council\nand the community board of the district in which the facility will be\nlocated. The authority shall also provide a copy of such plan to the\ncouncil member, senator and member of assembly representing the district\nin which the facility will be located. Such plan shall include data on\nprojected student population for the community school district or\ndistricts and the community board or boards affected, the source of that\ndata and the reason the proposed action is necessary and how such plan\nfactors and accounts for student population projections. Upon request,\nany other person shall be furnished with such plan or a summary thereof.\nThe authority shall publish in a newspaper of general circulation in the\ncity a notice of the filing of such plan and the availability of the\nplan and a summary thereof. Such plan shall include, in the case of any\nproject for which the acquisition of real property or interest therein\nis proposed, the recommended site, any alternate sites considered, and\nany rationale as to why the alternate sites were not selected.\n  2. Within thirty days after publication of the notice required under\nsubdivision one of this section, a public hearing with sufficient public\nnotice shall be held by each affected community school district\neducation council on any or all aspects of the site plan and by each\naffected community board on aspects of the site plan which relate to the\ngeneral public use of the educational facility and to its impact on the\nsurrounding community, including but not limited to the responsiveness\nof the site plan to projected changes in student population in the\naffected community board or boards and how such plan factors and\naccounts for student population projections. The affected board may\nrequest the attendance of representatives of the authority or the city\nboard at a hearing and the authority or the city board shall comply with\nsuch requests. If the proposed project affects two or more school\ndistricts or community boards, then a hearing may be held jointly by the\naffected community school district education council and/or the affected\ncommunity boards. Any affected community school district education\ncouncil, together with any affected community board, may at their mutual\ndiscretion, elect to conduct a hearing jointly.\n  3. Within forty-five days after publication of such notice, each\naffected community school district education council or community board\nshall prepare and submit to the authority, written comments on the site\nplan. Any other organization or person shall also have the opportunity\nto present written comments on the plan during this period. Each comment\nreceived by the authority on such plan at any time prior to action being\ntaken by the authority on the plan shall be considered by the authority\nin connection with such action.\n  4. After due consideration of such comments, if any, the authority may\naffirm, modify or withdraw the plan.\n  5. Nothing herein shall preclude the authority from holding hearings\non the site plan, provided, however, that any such hearings on the site\nplan shall be conducted within the period specified in subdivision three\nof this section.\n
N.Y. PBH Law § 391 — New York Code / Act PBH / Article 3 / Title 6 / Section 391
Consolidated health district; board of health; organization
Status: in_force

§ 391. Consolidated health district; board of health; organization. 1.\nIn every consolidated health district there shall be a board of health\nwhich shall consist of the supervisor of each town, the president of the\nboard of trustees of each village, and the mayor and the supervisors of\neach city included in each district, provided that if the number of\nmembers so provided for is an even number less than seven, such members\nshall within thirty days after such district shall have been established\nby the commissioner choose an additional member of such board of health\nto be known as the elective member, and if the number of members so\nprovided for is more than seven such members shall meet and elect a\nboard of health of three members for such consolidated health district.\n  2. A member of the board, sitting ex-officio and not as one of a new\nboard of three elected as hereinbefore provided, who is the lawful\nincumbent of more than one of the offices entitling him to membership\nshall have as many votes in the board as there are municipalities of the\ndistrict, in which he holds such offices, and in such a case the total\nnumber of votes on the board shall be regarded as the number of members,\nin applying the provisions hereof relative to the choosing of an\nadditional member or reducing the membership to a board of three.\n
N.Y. RPT Law § 499-AAAAA — New York Code / Act RPT / Article 4 / Title 6 / Section 499-AAAAA
Definitions
Status: in_force

§ 499-aaaaa. Definitions. When used in this title, the following terms\nshall have the following meanings:\n  1. "Abatement period" means the tax year or tax years in which the\nabatement is applied by the department of finance to the real property\ntax liability of an eligible building, provided that such abatement may\nnot be applied to the real property tax liability of such building\nduring more than five tax years.\n  2. "Applicant" means an owner who files an application for tax\nabatement.\n  3. "Application for tax abatement" means an application for a\nchildcare center tax abatement pursuant to section four hundred\nninety-nine-ccccc of this title.\n  4. "Childcare center" means a childcare program for which a permit to\noperate such program has been issued by the department of health and\nmental hygiene pursuant to the health code of the city.\n  5. "Childcare desert" means a census tract in a city having a\npopulation of one million or more where, at the time of an application\nfor tax abatement, there are three or more children under five years of\nage for each available childcare slot, or where there are no available\nchildcare slots, as of the most recently published determinations by the\noffice of children and family services.\n  6. "City" means a city with a population of one million or more.\n  7. "Cost-reasonable" means having a cost that, in its nature and\namount, does not exceed that which would be incurred by a prudent person\nunder the circumstances prevailing at the time the decision was made to\nincur the cost.\n  8. "Department of finance" means the department of finance of a city\nhaving a population of one million or more.\n  9. "Department of health and mental hygiene" means the department of\nhealth and mental hygiene of a city having a population of one million\nor more.\n  10. "Designated agency" means an agency of a city having a population\nof one million or more that is designated by the mayor of such city to\nexercise the functions, powers and duties of a designated agency\npursuant to this title.\n  11. "Eligible building" means a class one, class two or class four\nproperty, as such classes of property are defined in subdivision one of\nsection eighteen hundred two of this chapter, located within a city\nhaving a population of one million or more, provided that, for any such\nproperty held in the condominium form of ownership, "eligible building"\nshall mean a tax lot in such property.\n  12. "Owner" means the owner of an eligible building, or with respect\nto an eligible building held in the cooperative form of ownership, the\nboard of directors of a cooperative apartment corporation, or, with\nrespect to an eligible building held in the condominium form of\nownership, an owner of a tax lot in such building or the board of\nmanagers of such building.\n  13. "Premises" means the location of a childcare center as specified\non the permit for the operation of such center issued by the department\nof health and mental hygiene pursuant to the health code of the city.\n
N.Y. SOS Law § 421 — New York Code / Act SOS / Article 6 / Title 6 / Section 421
Responsibility of the office
Status: in_force

§ 421. Responsibility of the office. The office shall: 1. in\nconjunction with local departments, both jointly and individually,\nwithin the appropriation available, conduct a continuing publicity and\neducation program for local department staff, persons and officials\nrequired to report including district attorneys, assistant district\nattorneys, police officers, peace officers, investigators employed in\nthe office of a district attorney, and any other appropriate persons to\nencourage the fullest degree of reporting of suspected child abuse or\nmaltreatment.  Such program shall be developed and implemented in\ncoordination with those established pursuant to section 31.06 of the\nmental hygiene law, section twenty-eight hundred five-n of the public\nhealth law, section thirty-two hundred nine-a of the education law,\nsections two hundred fourteen-a and eight hundred forty of the executive\nlaw and article eleven of this chapter. The program shall include but\nnot be limited to responsibilities, obligations and powers under this\ntitle and chapter as well as the diagnosis of child abuse and\nmaltreatment, the procedures of the child protective service, the family\ncourt and other duly authorized agencies and the prevention, treatment\nand remediation of abuse and maltreatment of children in residential\ncare.\n  2. (a) provide technical assistance to local social services\ndepartments regarding case planning and provision of services and\nperformance of other responsibilities pursuant to this title. Such\nassistance shall be provided on a regular, ongoing basis and shall also\nbe made available as needed, upon request of any such local department.\n  (b) issue guidelines to assist local social services departments in\nevaluating and establishing investigative priorities for reports\ndescribing situations or events which may pose a clear and present\ndanger to the life, health or safety of a child and which require\nimmediate, personal contact between the local child protective service\nand the subject of the report, the subject's family, or any other\npersons named in the report.\n  (c) issue guidelines to assist local child protective services in the\ninterpretation and assessment of reports of abuse and maltreatment made\nto the statewide central register described in section four hundred\ntwenty-two of this article. Such guidelines shall include information,\nstandards and criteria for the identification of evidence of alleged\nabuse and maltreatment as required to determine whether a report may be\nindicated pursuant to this article. Provided further, the office of\nchildren and family services shall update such guidelines, standards and\ncriteria issued to the local child protective services to include\nprotocols to reduce implicit bias in the decision-making processes,\nstrategies for identifying adverse childhood experiences as defined in\nparagraph (c) of subdivision one of section twenty-d of this chapter,\nguidelines to assist in recognizing signs of abuse or maltreatment while\ninteracting virtually, and guidance on identifying an abused or\nmaltreated child when such child is an individual with an intellectual\nor developmental disability as defined in section 1.03 of the mental\nhygiene law. The office may utilize existing programs or materials\nestablished pursuant to section twenty-d of this chapter.\n  3. * promulgate regulations setting forth requirements for the\nperformance by local social services departments of the duties and\npowers imposed and conferred upon them by the provisions of this title\nand of article ten of the family court act. Such regulations shall\nestablish uniform requirements for the investigation of reports of child\nabuse or maltreatment under this title. The department shall also issue\nguidelines which shall set forth the circumstances or conditions under\nwhich:\n  * NB Effective until December 12, 2026\n  * promulgate regulations setting forth requirements for the\nperformance by local social services departments of the duties and\npowers imposed and conferred upon them by the provisions of this title\nand of article ten of the family court act. Such regulations shall\nestablish uniform requirements for the investigation of reports of child\nabuse or maltreatment under this title. The office of children and\nfamily services shall also issue guidelines which shall set forth the\ncircumstances or conditions under which:\n  * NB Effective December 12, 2026\n  (a) personal contact shall be made with the child named in the report\nand any other children in the same household, including interviewing\nsuch child or children absent the subject of the report whenever\npossible and appropriate;\n  (b) photographs of visible physical injuries or trauma of children who\nmay be the victims of abuse or maltreatment shall be taken or arranged\nfor;\n  (c) medical examination of a child who may be a victim of abuse or\nmaltreatment and documentation of findings of such examination, shall be\nrequired.\n  * The department shall promulgate regulations to establish standards\nfor intervention, criteria for case closings, criteria for determining\nwhether or not to initiate a child protective proceeding, and criteria\nfor the formulation of treatment plans and for the delivery of child\nprotective services including specification of the services to be\nclassified as child protective services, which shall also apply to any\nsociety for the prevention of cruelty to children which has entered into\na currently valid contract with a local department of social services to\ninvestigate child abuse or maltreatment reports. The department shall\npromulgate regulations establishing minimum standards and practices for\nthe delivery of child protective services in connection with monitoring\nand supervising respondents and their families as ordered by a family\ncourt pursuant to section ten hundred thirty-nine and paragraphs (i),\n(iii), (iv) and (v) of subdivision (a) of section ten hundred fifty-two\nof the family court act. Such regulations shall also require local child\nprotective services to comply with notification requirements of the\nfamily court act in connection with such monitoring and supervisory\nresponsibilities.\n  * NB Effective until March 12, 2026\n  * The office of children and family services shall promulgate\nregulations to establish training requirements for child protective\nservices workers consistent with subdivision five of this section,\nstandards for intervention, criteria for case closings, criteria for\ndetermining whether or not to initiate a child protective proceeding,\nand criteria for the formulation of treatment plans and for the delivery\nof child protective services including specification of the services to\nbe classified as child protective services, which shall also apply to\nany society for the prevention of cruelty to children which has entered\ninto a currently valid contract with a local department of social\nservices to investigate child abuse or maltreatment reports. The office\nof children and family services shall promulgate regulations\nestablishing minimum standards and practices for the delivery of child\nprotective services in connection with monitoring and supervising\nrespondents and their families as ordered by a family court pursuant to\nsection ten hundred thirty-nine and paragraphs (i), (iii), (iv) and (v)\nof subdivision (a) of section ten hundred fifty-two of the family court\nact. Such regulations shall also require local child protective services\nto comply with notification requirements of the family court act in\nconnection with such monitoring and supervisory responsibilities.\n  * NB Effective March 12, 2026\n  4. (a) after consultation with the local child protective services,\npromulgate regulations relating to staff qualifications for\nnon-supervisory child protective services workers, prescribing any\nbaccalaureate or equivalent college degree and/or relevant human service\nexperience as requirements. Such requirements shall not apply to persons\ncurrently employed by such child protective services who were hired\nbefore January first, nineteen hundred eighty-six.\n  (b) after consultation with the local child protective services,\npromulgate regulations relating to staff qualifications for those\nassigned to be supervisors of child protective services, prescribing any\nbaccalaureate or equivalent college degree and/or relevant human\nservices experience as requirements. Provided, however, that such\nregulations shall at a minimum provide that those assigned to be\nsupervisors of child protective services have either a baccalaureate\ndegree or three years of relevant work experience in a human services\nfield. Such requirements shall not apply to persons currently assigned\nto be a child protective services supervisor who were hired before\nDecember first, two thousand six.\n  5. (a) directly or through the purchase of services, implement,\nsubject to the amounts appropriated therefor, an ongoing, statewide\ntraining program for employees of the department and of each local\ndepartment of social services employed in the provision and supervision\nof child protective services or in other activities required in\naccordance with the provisions of this title.\n  * (b) promulgate regulations setting forth training requirements which\nshall specify, among other things, that all persons hired by a child\nprotective service on or after April first, nineteen hundred eighty-six\nshall have satisfactorily completed a course approved by the department\nwithin the first three months of employment, in the fundamentals of\nchild protection, provided, however, that on or after April first, two\nthousand twenty-five, such course may be satisfactorily completed\nthrough distance learning methods which evince that all participants are\nin attendance for the duration of the course and are able to ask\nquestions of the instructor. Each county shall be authorized to adopt a\nlocal law, ordinance or resolution to provide for a local department of\nsocial services to fulfill the training requirement established by this\nparagraph through a distance learning method, excluding the annual in\nservice training requirement. Such course shall include at least basic\ntraining in the principles and techniques of investigations, including\nrelationships with other investigative bodies, legal issues in child\nprotection, and methods of remediation, diagnosis, treatment and\nprevention. Such regulations shall also specify that all persons\nemployed by a child protective service on or after December first, two\nthousand six shall satisfactorily complete six hours of annual in\nservice training, beginning in their second year of employment. Such\nannual in service training shall include, but is not limited to, review\nof the protocols for identification and investigation of child abuse and\nmaltreatment, any developments in legal, treatment and prevention issues\nin child protection, and review and analysis of field experiences of\nchild protective services workers.\n  * NB Effective until December 12, 2026\n  * (b) promulgate regulations setting forth training requirements which\nshall specify, among other things, that all persons hired by a child\nprotective service on or after April first, nineteen hundred eighty-six\nshall have satisfactorily completed a course approved by the office of\nchildren and family services within the first three months of\nemployment, in the fundamentals of child protection, provided, however,\nthat on or after April first, two thousand twenty-five, such course may\nbe satisfactorily completed through distance learning methods which\nevince that all participants are in attendance for the duration of the\ncourse and are able to ask questions of the instructor. Each county\nshall be authorized to adopt a local law, ordinance or resolution to\nprovide for a local department of social services to fulfill the\ntraining requirement established by this paragraph through a distance\nlearning method, excluding the annual in service training requirement.\nSuch course shall include at least basic training in the principles and\ntechniques of investigations, including relationships with other\ninvestigative bodies, legal issues in child protection, and methods of\nremediation, diagnosis, treatment and prevention. Such regulations shall\nalso specify that all persons employed by a child protective service on\nor after December first, two thousand six shall satisfactorily complete\nsix hours of annual in service training, beginning in their second year\nof employment. Such annual in service training shall include, but is not\nlimited to, review of the protocols for identification and investigation\nof child abuse and maltreatment, any developments in legal, treatment\nand prevention issues in child protection, and review and analysis of\nfield experiences of child protective services workers.\n  * NB Effective December 12, 2026\n  (c) require all persons assigned to be a supervisor by a child\nprotective service on or after April first, nineteen hundred eighty-six,\nshall have satisfactorily completed, within the first three months of\nemployment as a supervisor or within three months of the effective date\nof this paragraph, whichever shall occur first, a course in the\nfundamentals of child protection developed by the office of children and\nfamily services. Such training course shall, among other things,\nstrengthen and expand current training procedures for child protective\nservice supervisors; provide the skills, knowledge and standards to\npractice effective case planning and case management; provide\ncomprehensive assessment tools needed in critical decision making;\nrequire participation in the existing next generation training required\nby child protective service caseworkers; strengthen recognition and\nresponse to safety and risk indicators; improve skills to promote\nconsistent implementation of training and practice; provide the\nnecessary tools and assistance to build the ability to coach and monitor\nchild protective service caseworkers and model effective investigation\npractice; increase cultural competency and sensitivity; and establish an\nannual in service training program specifically focused on child\nprotective service supervisors.\n  (d) withhold reimbursement, otherwise payable to social services\ndistricts, for the salaries of employees of child protective services\nwho do not comply with the background review, educational, experience or\ntraining requirements of this title.\n  * (e) promulgate regulations setting forth training requirements for\nchild protective services workers assigned to a multidisciplinary\ninvestigative team established pursuant to subdivision six of section\nfour hundred twenty-three of this title, which shall include appropriate\ntechniques for investigating reports of sexual abuse and requirements\nfor ongoing training.\n  * NB Effective December 12, 2026\n  6. promulgate regulations which require social services districts to\nmake local procedural manuals and service directories available to\nemployees of a child protective service, service providers and other\nprofessionals involved in the prevention of child abuse and\nmaltreatment.\n  * 7. take all reasonable and necessary actions to assure that the\nlocal departments of social services are kept apprised on a current\nbasis of the laws, regulations and policies of the department concerning\nchild abuse and maltreatment.\n  * NB Effective until December 12, 2026\n  * 7. take all reasonable and necessary actions to assure that the\nlocal departments of social services are kept apprised on a current\nbasis of the laws, regulations and policies of the office of children\nand family services concerning child abuse and maltreatment.\n  * NB Effective December 12, 2026\n  8. monitor and supervise the performance of the local departments of\nsocial services.\n
N.Y. PBA Law § 1147-Y — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-Y
Separability clause
Status: in_force

§ 1147-y. Separability clause. If any section, clause or provision in\nthis title shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 1124*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1124*2
Powers of the authority
Status: in_force

* § 1124. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title. In connection with the acquisition\nof such properties, the authority may assume any obligations of the\nowner of such properties and, to the extent required by the terms of any\nindentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner or any properties which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and as a means of so acquiring for such\npurpose, the authority may purchase all of the stock of any existing\nprivately owned water or sewage corporation or company and in the case\nof a sale or other transfer of properties of a public utility\ncorporation pursuant to this provision, upon the purchase of the stock\nof such corporation or company it shall be lawful to dissolve such\ncorporation within a reasonable time, and in the case of an acquisition\nof properties from a municipality pursuant to this provision, it may\nassume the primary responsibility for the payment of any bonds or notes\nissued by such municipality for such properties;\n  6. To develop, construct or maintain a project; provided, however,\nthat the authority shall not enter into any contract for the\nconstruction of a project without having first submitted such project,\nfollowing completion of compliance with the requirements of the state\nenvironmental quality review act and the regulations promulgated in\nconnection therewith in connection with such project, to the county\nlegislature for county legislative review, as herein described. For\npurposes of such county legislative review, construction shall not\ninclude such engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, procedures and\nother actions necessary or reasonably required to develop a project or\nto present a project to the county legislature for county legislative\nreview. County legislative review shall encompass a process by which the\ncounty legislature shall have the opportunity to review and deny a\nproject proposed to be constructed by the authority. County legislative\nreview shall commence with the authority's delivering, by mail or\npersonally, to the clerk of the county legislature a notification that\nthe authority proposes to construct a project. Such notification shall\ninclude a description of the project, the proposed cost and the proposed\nplan for the financing of such cost and such engineering, architectural,\nfiscal and economic investigations and studies, surveys, designs and\nplans prepared by the authority in connection with the project.\nFollowing receipt of such notification, the county legislature shall\ntake such action as it may determine in its discretion to be appropriate\nin connection with its review of the project, which action may include\nadoption of a resolution, by the affirmative vote of at least two-thirds\nof the entire voting strength of the county legislature, to deny to the\nauthority the right to construct the project, which vote, to be\neffective, shall be cast at a meeting held no later than the second\nconsecutive regular meeting of the county legislature following delivery\nto the clerk of the county legislature of the notification herein\ndescribed. The date of delivery of notification shall be the date on\nwhich such notification shall be actually received by the clerk of the\ncounty legislature. If the then current rules and regulations of the\ncounty legislature require the filing of a resolution with the clerk of\nthe county legislature to be a specified number of days prior to a\nmeeting of the county legislature for introduction of such resolution at\nsuch meeting, such notification shall be deemed to be a resolution and\nshall be subject to such filing requirement. If the county legislature\nshall so vote to deny to the authority the right to construct a project,\nthe resolution to so deny shall be submitted to the county executive in\nsuch manner and at such time as is provided in the county charter for\nresolutions subject to approval or disapproval by the county executive.\nIf the county executive shall, within the time permitted for such\naction, disapprove such resolution, such resolution shall be of no force\nand effect unless the county legislature shall override such disapproval\nin such manner and at such time as is provided in the county charter for\nsuch action. Nothing in this section shall prohibit the resubmission by\nthe authority to the county legislature at any time of a proposed\nproject which has been previously disapproved;\n  7. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n  8. To lease properties of the authority to the county or any other\nmunicipality in the county, or any instrumentality thereof, upon such\nterms and conditions as shall be determined by the authority, the\ncounty, the municipality or such instrumentality, as the case may be;\n  9. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  10. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  11. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  12. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  13. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  14. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the county or\nwholesale to municipalities, water districts or district corporations\nwithin the county and to collect, treat and discharge sewage produced\nfor such purposes by such generators; provided, however, that the\nauthority shall not sell water at retail to individual consumers or\ncontract with individual consumers for the collection or treatment of\nsewage where such individual consumers are located in a municipality,\nwater district, sewer district or district corporation which is\nempowered to provide water or sewer services, as the case may be, unless\nthe authority shall have first notified, in writing, by certified mail,\nsuch municipality, water district, sewer district or district\ncorporation that it intends to sell water at retail to individual\nconsumers located therein or collect or treat sewage from individual\nconsumers located therein, as the case may be, identified either by name\nor location or by the area to be served, and such municipality, water\ndistrict, sewer district or district corporation does not notify the\nauthority, within sixty days of receipt of such notice, that it objects\nto the authority selling water or collecting or treating sewage, as the\ncase may be, to such individual consumers;\n  15. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of any water\nfacility;\n  16. To enter into cooperative agreements with other authorities,\nmunicipalities, water districts, sewer districts, district corporations,\nutility companies, individuals, or corporations, within or without the\ncounty, for any lawful purposes necessary or desirable to effect the\npurposes of this title upon such terms and conditions as shall be\ndetermined to be reasonable;\n  17. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nor the collection of sewage and the collection of rates, rents and\ncharges therefor. A copy of such rules and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the county clerk of the county and shall be published\nthereafter once in each of two newspapers having a general circulation\nin the county. Violations of such rules shall be punishable by fine, not\nexceeding fifty dollars, or by imprisonment for not longer than thirty\ndays, or both;\n  18. To fix rates and collect charges for the use of the facilities of,\nany services rendered by or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper reserves for maintenance, contingencies and all\nother obligations and indebtedness of the authority; provided, however,\nthat nothing contained in this subdivision, or in this title, shall\nempower the authority to collect rentals, charges, rates or fees from\nthe owners of real estate, or the occupants of real estate (other than\nthe occupants of premises owned or occupied by the authority or by the\nstate or any civil division thereof) located in any city unless the\nelectors of such city shall approve the granting to the authority of\nsuch powers by a majority vote at a general or special election in such\ncity;\n  19. To utilize the service of officers and employees of the county and\nto pay a proper portion of compensation or costs for the services of\nsuch officers or employees with the consent of the county executive, and\nupon notice to the chair of the county legislature;\n  20. To provide for the discontinuance or disconnection of the supply\nof water or the provision of sewerage service, or both, as the case may\nbe, for non-payment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water or the provision of sewerage service, or both, as\nthe case may be, shall not be carried out except in the manner and upon\nnotice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law; and\n  21. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n  * NB There are 2 § 1124's\n
N.Y. EDN Law § 4104 — New York Code / Act EDN / Title 6 / Article 83 / Section 4104
Employment of teachers, salaries, et cetera
Status: in_force

§ 4104. Employment of teachers, salaries, et cetera.  1. The\ncommissioner of education shall employ all necessary teachers,\nattendance officers and other assistants and employees, and fix their\nsalaries within the amount of the appropriations made therefor, as shall\nbe necessary for the proper enforcement of the statutes relating to\nIndian education.\n  2. The personnel of the faculty of each state Indian school shall be\nclassified as follows:\n  a. Principal\n  b. Vice principal\n  c. Teacher\n  3. Each member of the faculty shall receive an annual salary to be\npaid over a ten month period, except that the principal shall receive an\nannual salary to be paid over a twelve month period.\n  4. Any contribution of food, lodging or maintenance by the state, or\nany commutation in lieu of maintenance, except traveling expenses and\nfield allowances, shall be considered as part of the salary to be paid.\nThe fair value of such food, lodging, maintenance or commutation shall\nbe determined by the director of the budget and may in his discretion be\ndeducted from the salary to which a member of the faculty would\notherwise be entitled.\n
N.Y. SOS Law § 414 — New York Code / Act SOS / Article 6 / Title 6 / Section 414
Any person permitted to report
Status: in_force

§ 414.  Any person permitted to report.  In addition to those persons\nand officials required to report suspected child abuse or maltreatment,\nany person may make such a report if such person has reasonable cause to\nsuspect that a child is an abused or maltreated child.\n
N.Y. SOS Law § 111-O — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-O
Data matches with financial institutions
Status: in_force

§ 111-o.  Data matches with financial institutions.  The department or\na social services district, through the commissioner, is authorized to\nenter into agreements with financial institutions as provided for in\nsubdivision two of section four of the banking law and subsection (e) of\nsection three hundred twenty of the insurance law, and is authorized to\nfurnish to and receive from those and any other financial institutions,\nas defined in paragraph one of subdivision (d) of section four hundred\nsixty-nine A of the federal social security act, such information as may\nbe necessary to carry out the agreements provided for in section four of\nthe banking law and section three hundred twenty of the insurance law,\nfor the enforcement of child support orders.\n
N.Y. BNK Law § 6016 — New York Code / Act BNK / Article 15 / Title 6 / Section 6016
Greater requirement as to quorum and vote of stockholders
Status: in_force

§ 6016. Greater requirement as to quorum and vote of stockholders. 1.\nThe organization certificate may contain provisions specifying either or\nboth of the following:\n  (a) That the proportion of shares, or the proportion of shares of any\nclass or series thereof, the holders of which shall be present in person\nor by proxy at any meeting of stockholders in order to constitute a\nquorum for the transaction of any business or of any specified item of\nbusiness, including amendments to the organization certificate, shall be\ngreater than the proportion prescribed by this chapter in the absence of\nsuch provision.\n  (b) That the proportion of votes of the holders of shares, or of the\nholders of shares of any class or series thereof, that shall be\nnecessary at any meeting of stockholders for the transaction of any\nbusiness or of any specified item of business, including amendments to\nthe organization certificate, shall be greater than the proportion\nprescribed by this chapter in the absence of such provision.\n  2. An amendment of the organization certificate which adds a provision\npermitted by this section or which changes or strikes out such a\nprovision, shall be authorized at a meeting of stockholders by vote of\nthe holders of two-thirds of all outstanding shares entitled to vote\nthereon, or of such greater proportion of shares or class or series of\nshares, as may be provided specifically in the organization certificate\nfor adding, changing or striking out a provision permitted by this\nsection.\n  3. If the organization certificate of any corporation contains a\nprovision authorized by this section, the existence of such provision\nshall be noted conspicuously on the face or back of every certificate\nfor shares issued by such corporation.\n
N.Y. SOS Law § 111-U — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-U
Liens
Status: in_force

§ 111-u. Liens. 1. The office of temporary and disability assistance,\nor a social services district, or its authorized representative shall\nhave a lien against real and personal property owned by a support\nobligor when such support obligor is or was under a court order to pay\nchild support or combined child and spousal support to a support\ncollection unit on behalf of persons receiving services under this\ntitle, and such obligor has accumulated support arrears/past due in an\namount equal to or greater than the amount of support due pursuant to\nsuch order for a period of four months. Such lien shall incorporate\nunpaid support which accrues in the future.\n  2. For the purposes of determining whether a support obligor has\naccumulated support arrears/past due support for a period of four\nmonths, the amount of any retroactive support, other than periodic\npayments of retroactive support which are past due, shall not be\nincluded in the calculation of arrears/past due support pursuant to this\nsection; however, if at least four months of support arrears/past due\nsupport have accumulated subsequent to the date of the court order, the\nentire amount of any retroactive support may be collected pursuant to\nthe provisions of this subdivision or as otherwise authorized by law.\n  3. When the office of temporary and disability assistance, or a social\nservices district, or its authorized representative on behalf of a\nperson receiving services pursuant to this title determines that the\nrequisite amount of child support is past due, it shall send, by first\nclass mail, a notice of intent to file a lien to the support obligor.\nThe obligor may assert a mistake of fact and shall have an opportunity\nto make a submission in support of the assertion. The assertion and any\nsupporting papers shall be submitted within thirty-five days from the\ndate a notice was mailed. Thereafter, the social services district shall\ndetermine the merits of the assertion, and shall notify the obligor of\nits determination within ninety days after notice to the obligor was\nmailed.\n  4. If the social services district finds no mistake of fact exists or,\nthe obligor fails to assert a mistake of fact within the thirty-five\ndays, the social services district may file a notice of lien, which\nshall contain the caption of the support order and a statement of\narrears and which shall constitute a lien on the property. The social\nservices district shall not enforce its lien until after expiration of\nany applicable period for review of an administrative action or, if the\nobligor has initiated a proceeding pursuant to article seventy-eight of\nthe civil practice law and rules, until completion of such review.\n  5. Filing of the notice of the lien shall be as provided in sections\nsixty-five and two hundred eleven of the lien law, article forty-six of\nthe vehicle and traffic law, or as otherwise authorized by law.\n  6. Within five days before or thirty days after filing the notice of\nthe lien, the social services district shall send by first class mail a\ncopy of such notice upon the owner of the property.\n
N.Y. EDN Law § 4902 — New York Code / Act EDN / Title 6 / Article 99 / Section 4902
Management
Status: in_force

§ 4902. Management.  The board of education of the city of New York\nshall appoint annually at least three of its number who, subject to the\ncontrol, supervision and approbation of the board, shall constitute an\nexecutive committee for the care, government and management of such\nnautical school, under rules and regulations so prescribed, and whose\nduty it shall be, among other things, to recommend the rules and\nregulations which they deem necessary and proper for such school.\n
N.Y. EDN Law § 4204 — New York Code / Act EDN / Title 6 / Article 85 / Section 4204
Support and term of instruction of deaf state pupils
Status: in_force

§ 4204. Support and term of instruction of deaf state pupils. 1. Each\ndeaf pupil so received into any of the institutions aforesaid shall be\nprovided with board, lodging and tuition; and the directors of the\ninstitution shall receive an appropriation for each pupil so provided\nfor, in quarterly payments, to be paid by the commissioner of taxation\nand finance, on the warrant of the comptroller, to the treasurer of said\ninstitution; provided, however, that an estimated one-half of each such\nquarterly payment shall be due on the first day of each quarter, the\nestimate to be based on the affidavit of the chief executive officer of\nthe institution stating the number of pupils for whom board, lodging and\ntuition was so provided by the institution during the preceding quarter\nand during the comparable quarter of the preceding year, and the\nremaining part of each such quarterly payment shall be due thereafter on\nthe first day of the quarter next ensuing, upon the presentation by the\ntreasurer of the institution of a bill showing the actual time and\nnumber of pupils attending the institution, which bill shall be signed\nby the chief executive officer of the institution, and verified by his\noath. The provisions of this subdivision shall apply to board, lodging\nand tuition for the two thousand ten--two thousand eleven and prior\nschool years.\n  2. For expenses incurred in the two thousand eleven--two thousand\ntwelve school year and thereafter, each deaf pupil so received into any\nof the institutions subject to this article shall be provided with\nboard, lodging and tuition, and such institutions shall be reimbursed\nfor such expenses in accordance with this subdivision.\n  a. For the two thousand eleven--twelve and two thousand\ntwelve--thirteen school years, costs of tuition as defined in section\nforty-two hundred eleven of this article, shall be a charge upon the\nschool district of which any such child is resident at the time of\nadmission or readmission to any of the institutions subject to this\narticle and the directors of the institution shall bill such school\ndistrict for such tuition costs on a quarterly basis. The first such\nquarterly payment may be based on projected enrollment, provided that\nsubsequent payments shall be adjusted to reflect actual enrollment. The\namount of tuition paid by such school district shall be eligible for\nreimbursement by the state to the extent provided in section forty-two\nhundred four-b of this article.\n  b. For the two thousand thirteen--two thousand fourteen school year\nand thereafter, the costs of tuition as defined in section forty-two\nhundred eleven of this article, shall be a charge upon the current\nschool district of residence of any such child subject to this article\nand the directors of the institution shall bill such school district for\nsuch tuition costs on a quarterly basis. The first such quarterly\npayment may be based on projected enrollment, provided that subsequent\npayments shall be adjusted to reflect actual enrollment. The amount of\ntuition paid by such school district shall be eligible for reimbursement\nby the state to the extent provided in section forty-two hundred four-b\nof this article.\n  c. The costs of board and lodging shall be a charge upon the state and\nthe directors of the institution shall receive an appropriation for each\npupil so provided for, in quarterly payments, to be paid by the\ncommissioner of taxation and finance, on the warrant of the comptroller,\nto the treasurer of said institution; provided, however, that an\nestimated one-half of each such quarterly payment shall be due on the\nfirst day of each quarter, the estimate to be based on the affidavit of\nthe chief executive officer of the institution stating the number of\npupils for whom board and lodging was so provided by the institution\nduring the preceding quarter and during the comparable quarter of the\npreceding year, and the remaining part of each such quarterly payment\nshall be due thereafter during the first day of each quarter next\nensuing, upon the presentation by the treasurer of the institution of a\nbill showing the actual time and number of pupils attending the\ninstitution who received board and lodging, which bill shall be signed\nby the chief executive officer of the institution, and verified by his\noath.\n  3. The regular term of instruction of any such deaf pupil shall be\ntwelve years, or until the pupil shall have attained the age of eighteen\nyears before the expiration of twelve years from the beginning of such\nterm. The commissioner may, in his discretion, extend the term of any\npupil until his twenty-first birthday for the purpose of pursuing or\ncompleting academic or vocational courses of study. Such pupils must be\nrecommended by the trustees of the institution in which they are in\nattendance before such extension of time is granted.\n  4. Children placed in any such institution for the instruction of the\ndeaf, pursuant to section forty-two hundred three of this article, shall\nbe maintained therein for the period of time the school is in session.\n
N.Y. ENV Law § 15-0603 — New York Code / Act ENV / Article 15 / Title 6 / Section 15-0603
Reclaimed wastewater feasibility study
Status: in_force

§ 15-0603. Reclaimed wastewater feasibility study.\n  1. The department, in consultation with the department of health,\nshall conduct a study of potential uses of greywater and reclaimed\nwastewater in New York state, and develop a strategy for promoting water\nreclamation projects.\n  2. Such study shall be completed within eighteen months of the\neffective date of this section and a report of the findings from the\nstudy shall be presented to the governor, the speaker of the assembly\nand the temporary president of the senate within ninety days of the\ncompletion of the study.\n
N.Y. RPT Law § 1195 — New York Code / Act RPT / Article 11 / Title 6 / Section 1195
Definitions
Status: in_force

§ 1195. Definitions. In addition to the definitions set forth in\nsection eleven hundred two of this article, for purposes of this title:\n  1. "Former homeowner" means a person or persons who lost title to\nand/or ownership of residential property due to a tax foreclosure.\n  2. "Public sale" means a sale resulting from a public auction\nconducted in accordance with the provisions of section two hundred\nthirty-one of the real property actions and proceedings law.\n  3. "Surplus" means the net gain, if any, realized by the tax district\nupon the sale of tax-foreclosed property, as determined in the manner\nset forth in section eleven hundred ninety-six of this title. Where no\nsuch gain was realized, no surplus shall be attributable to that sale.\n  4. "Tax-foreclosed property" means a parcel as to which a judgment of\nforeclosure has been issued pursuant to section eleven hundred\nthirty-six of this article.\n
N.Y. EDN Law § 4702 — New York Code / Act EDN / Title 6 / Article 95 / Section 4702
Acquisition of lands and erection of buildings
Status: in_force

§ 4702. Acquisition of lands and erection of buildings.  Upon the\nadoption of the resolution as provided in section forty-seven hundred\none the board of supervisors or other governing elective body shall\npurchase land in some conveniently accessible place in the county to be\nused for the purpose of such school.  They may acquire such land by\ngift, purchase or condemnation.  The land when so acquired shall be held\nin the name of the county for the benefit of such school.  Upon the\nacquisition of such land such board or body shall erect the necessary\nbuildings and suitably equip them for use.  Such board or body may also\nprovide for the improvement of existing buildings and make such repairs\nand alterations on the buildings upon the land used for the purpose of\nthe school as may be necessary for the maintenance and operation\nthereof.\n
N.Y. SOS Law § 111-K — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-K
Procedures relating to acknowledgments of parentage, agreements to support, and genetic tests
Status: in_force

§ 111-k. Procedures relating to acknowledgments of parentage,\nagreements to support, and genetic tests. 1. A social services official\nor his or her designated representative who confers with a potential\nrespondent or respondent, hereinafter referred to in this section as the\n"respondent", the mother of a child born out of wedlock and any other\ninterested persons, pursuant to section one hundred eleven-c of this\ntitle, may obtain:\n  (a) an acknowledgment of parentage of a child, as provided for in\narticle five-B or section five hundred sixteen-a of the family court\nact, by a written statement, witnessed by two people not related to the\nsignator or as provided for in section four thousand one hundred\nthirty-five-b of the public health law. Prior to the execution of such\nacknowledgment by the child's mother and the respondent, they shall be\nadvised, orally, which may be through the use of audio or video\nequipment, and in writing, of the consequences of making such an\nacknowledgment. Upon the signing of an acknowledgment of parentage\npursuant to this section, the social services official or his or her\nrepresentative shall file the original acknowledgment with the\nregistrar.\n  (b) an agreement to make support payments as provided in section four\nhundred twenty-five of the family court act. Prior to the execution of\nsuch agreement, the respondent shall be advised, orally, which may be\nthrough the use of audio or video equipment, and in writing, of the\nconsequences of such agreement, that the respondent can be held liable\nfor support only if the family court, after a hearing, makes an order of\nsupport; that respondent has a right to consult with an attorney and\nthat the agreement will be submitted to the family court for approval\npursuant to section four hundred twenty-five of the family court act;\nand that by executing the agreement, the respondent waives any right to\na hearing regarding any matter contained in such agreement.\n  2. (a) When the paternity of a child is contested, a social services\nofficial or designated representative may order the mother, the child,\nand the alleged father to submit to one or more genetic marker or DNA\ntests of a type generally acknowledged as reliable by an accreditation\nbody designated by the secretary of the federal department of health and\nhuman services and performed by a laboratory approved by such an\naccreditation body and by the commissioner of health or by a duly\nqualified physician to aid in the determination of whether or not the\nalleged father is the father of the child. The order may be issued prior\nor subsequent to the filing of a petition with the court to establish\npaternity, shall be served on the parties by certified mail, and shall\ninclude a sworn statement which either (i) alleges parentage and sets\nforth facts establishing a reasonable possibility of the requisite\nsexual contact between the parties, or (ii) denies parentage and sets\nforth facts establishing a reasonable possibility that the party is not\nthe father. The parties shall not be required to submit to the\nadministration and analysis of such tests if they sign a voluntary\nacknowledgment of parentage in accordance with paragraph (a) of\nsubdivision one of this section, or if there has been a written finding\nby the court that it is not in the best interests of the child on the\nbasis of res judicata, equitable estoppel, the child was conceived\nthrough assisted reproduction or the presumption of legitimacy of a\nchild born to a married person.\n  (b) The record or report of the results of any such genetic marker or\nDNA test may be submitted to the family court as evidence pursuant to\nsubdivision (e) of rule forty-five hundred eighteen of the civil\npractice law and rules where no timely objection in writing has been\nmade thereto.\n  (c) The cost of any test ordered pursuant to this section shall be\npaid by the social services district provided however, that the alleged\nfather shall reimburse the district for the cost of such test at such\ntime as the alleged father's parentage is established by a voluntary\nacknowledgment of parentage or an order of filiation. If either party\ncontests the results of genetic marker or DNA tests, an additional test\nmay be ordered upon written request to the social services district and\nadvance payment by the requesting party.\n  (d) The parties shall be required to submit to such tests and appear\nat any conference scheduled by the social services official or designee\nto discuss the notice of the allegation of paternity or to discuss the\nresults of such tests. If the alleged genetic parent fails to appear at\nany such conference or fails to submit to such genetic marker or DNA\ntests, the social services official or designee shall petition the court\nto establish parentage, provide the court with a copy of the records or\nreports of such tests if any, and request the court to issue an order\nfor temporary support pursuant to section five hundred forty-two of the\nfamily court act.\n  3. Any reference to an acknowledgment of paternity in any law of this\nstate or any similar instrument signed in another state consistent with\nthe law of that state shall be interpreted to mean an acknowledgment of\nparentage executed pursuant to this section, section four thousand one\nhundred thirty-five-b of the public health law or signed in another\nstate consistent with the law of that state.\n
N.Y. SOS Law § 423 — New York Code / Act SOS / Article 6 / Title 6 / Section 423
Child protective service responsibilities and organization; purchase of service and reimbursement of cost; local plan
Status: in_force

§ 423. Child protective service responsibilities and organization;\npurchase of service and reimbursement of cost; local plan. 1. (a) Every\nlocal department of social services shall establish a "child protective\nservice" within such department. The child protective service shall\nperform those functions assigned by this title to it and only such\nothers that would further the purposes of this title. Local social\nservices departments shall distribute the laws, regulations and policies\nof the department pursuant to section four hundred twenty-one of this\narticle to any society for the prevention of cruelty to children which\nhas entered into a currently valid contract with a local department of\nsocial services.\n  (b) Every local department of social services shall provide to the\nchild protective service information available to the local department\nwhich is relevant to the investigation of a report of child abuse or\nmaltreatment or to the provision of protective services, where the\nconfidentiality of such information is not expressly protected by law.\n  (c) The child protective service shall have a sufficient staff of\nsufficient qualifications to fulfill the purposes of this title and be\norganized in such a way as to maximize the continuity of responsibility,\ncare and service of individual workers toward individual children and\nfamilies. A social services district shall have flexibility in assigning\nstaff to the child protective service provided that each staff assigned\nto such service has the staff qualifications and has received the\ntraining required by the department regulations promulgated pursuant to\nsubdivisions four and five of section four hundred twenty-one of this\ntitle.\n  (d) Consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, every child protective\nservice shall establish a procedure to review and evaluate the\nbackgrounds of and information supplied by all applicants for\nemployment. Such procedures shall include but not be limited to the\nfollowing requirements: that the applicant set forth his or her\nemployment history, provide personal and employment references and\nrelevant experiential and educational information, and sign a sworn\nstatement indicating whether the applicant, to the best of his or her\nknowledge, has ever been convicted of a crime in this state or any other\njurisdiction.\n  (e) For purposes of this title, a child protective service shall\ninclude an Indian tribe that has entered into an agreement with the\ndepartment pursuant to section thirty-nine of this chapter to provide\nchild protective services to Indians residing upon the tribe's\nreservation in the state. Notwithstanding any other provision of law,\nfor the purposes of this title, a social services district or a local\ndepartment of social services shall include an Indian tribe that has\nentered into an agreement with the department pursuant to section\nthirty-nine of this chapter to provide child protective services. Such\nIndian tribe shall only be considered a child protective service while\nsuch an agreement is in effect.\n  2. Any other provision of law notwithstanding, but consistent with\nsubdivision (1) of this section, the child protective service, based\nupon the local plan of services as provided in subdivision (3) of this\nsection, may purchase and utilize the services of any appropriate public\nor voluntary agency including a society for the prevention of cruelty to\nchildren. When services are purchased by the local department pursuant\nto this section and title, they shall be reimbursed by the state to the\nlocality in the same manner and to the same extent as if the services\nwere provided directly by the local department.\n  3. (a) Each social services district shall prepare and submit to the\ncommissioner, after consultation with local law enforcement agencies,\nthe family court and appropriate public or voluntary agencies including\nsocieties for the prevention of cruelty to children and after a public\nhearing, a district-wide plan, as prescribed by the commissioner, for\nthe provision of child protective services which shall be a component of\nthe district's multi-year consolidated services plan. This plan shall\ndescribe the district's implementation of this title including the\norganization, staffing, mode of operations and financing of the child\nprotective service as well as the provisions made for purchase of\nservice and inter-agency relations. Commencing the year following\npreparation of a multi-year consolidated services plan, each local\ndistrict shall prepare annual implementation reports including\ninformation related to its child protective services plan. The social\nservices district shall submit the child protective services plan to the\ndepartment as a component of its multi-year consolidated services plan\nand subsequent thereto as a component of its annual implementation\nreports and the department shall review and approve or disapprove the\nproposed plan and reports in accordance with the procedures set forth in\nsection thirty-four-a of this chapter.\n  4. As used in this section, "service" or "services" shall include the\ncoordinating and monitoring of the activities of appropriate public or\nvoluntary agencies utilized in the local plan.\n  5. In accordance with the provisions of subdivisions one and two of\nthis section, a local department of social services may submit to the\ndepartment a plan for a special program for the purpose of (a) ensuring\nthe delivery of services to children and their families by arranging for\nthe purchase and utilization of the service of any appropriate public or\nvoluntary agency to provide rehabilitative services to at least the\nmajority of children and families assisted by the child protective\nservice; and (b) strengthening the monitoring role of the child\nprotective service.\n  Such program shall also include provisions for the training of\nemployees of public and private agencies assigned functions of the child\nprotective service, in the duties and responsibilities of the child\nprotective service and in the provision of services to children and\nfamilies, pursuant to this title. The department shall approve such a\nplan in not more than six social services districts upon satisfactory\ndemonstration that a local department of social services will\neffectively discharge all responsibilities required by this title. Any\nsuch plan must be submitted to the department as part of the multi-year\nservices plan required pursuant to section thirty-four-a of this chapter\nand, if approved, shall be operative for a period not to exceed three\nyears. The department shall contract with an individual, partnership,\ncorporation, institution or other organization for the performance of a\ncomprehensive evaluation of the effectiveness of the implementation of\nsuch plans. A report of such evaluations shall be submitted by the\ndepartment to the governor and the legislature by January first,\nnineteen hundred ninety. Nothing in this subdivision shall be deemed to\nrelieve a child protective service from any responsibilities assigned to\nit by this title.\n  6. A social services district may establish a multidisciplinary\ninvestigative team or teams and may establish or work as part of a child\nadvocacy center established pursuant to section four hundred\ntwenty-three-a of this title, at a local or regional level, for the\npurpose of investigating reports of suspected child abuse or\nmaltreatment. The social services district shall have discretion with\nregard to the category or categories of suspected child abuse or\nmaltreatment such team or teams may investigate, provided, however, the\nsocial services district shall place particular emphasis on cases\ninvolving the abuse of a child as described in paragraph (i), (ii) or\n(iii) of subdivision (e) of section one thousand twelve of the family\ncourt act, sexual abuse of a child or the death of a child. Members of\nmultidisciplinary teams shall include but not be limited to\nrepresentatives from the following agencies: child protective services,\nlaw enforcement, district attorney's office, physician or medical\nprovider trained in forensic pediatrics, mental health professionals,\nvictim advocacy personnel and, if one exists, a child advocacy center.\nMembers of the multidisciplinary team primarily responsible for the\ninvestigation of child abuse reports, including child protective\nservices, law enforcement and district attorney's office, shall\nparticipate in joint interviews and conduct investigative functions\nconsistent with the mission of the particular agency member involved. It\nshall not be required that members of a multidisciplinary team not\nresponsible for the investigation of reports participate in every\ninvestigation. Such other members shall provide victim advocacy,\nemotional support, and access to medical and mental health care, where\napplicable. All members, consistent with their respective agency\nmissions, shall facilitate efficient delivery of services to victims and\nappropriate disposition of cases through the criminal justice system\nand/or the family court system in a collaborative manner, however,\nnon-investigative team members shall note their specific role in the\nteam for reports covered under this title. Notwithstanding any other\nprovision of law to the contrary, members of a multidisciplinary\ninvestigative team or a child advocacy center may share with other team\nmembers client-identifiable information concerning the child or the\nchild's family to facilitate the investigation of suspected child abuse\nor maltreatment. Nothing in this subdivision shall preclude the creation\nof multidisciplinary teams or child advocacy centers which include more\nthan one social services district. Each team shall develop a written\nprotocol for investigation of child abuse and maltreatment cases and for\ninterviewing child abuse and maltreatment victims. The social services\ndistrict is encouraged to train each team member in risk assessment,\nindicators of child abuse and maltreatment, and appropriate interview\ntechniques.\n
N.Y. EDN Law § 4452 — New York Code / Act EDN / Title 6 / Article 90 / Section 4452
Guidelines and definition
Status: in_force

§ 4452. Guidelines and definition.  1. In order to provide for\neducational programs to meet special needs of gifted pupils, the\ncommissioner is hereby authorized to make recommendations to school\ndistricts in accordance with the provisions of this subdivision and\nsection thirty-six hundred two of this chapter.\n  a. As used in this article, the term "gifted pupils" shall mean those\npupils who show evidence of high performance capability and exceptional\npotential in areas such as general intellectual ability, special\nacademic aptitude and outstanding ability in visual and performing arts.\nSuch definition shall include those pupils who require educational\nprograms or services beyond those normally provided by the regular\nschool program in order to realize their full potential.\n  b. Prior to payment of state funds for education of gifted pupils, a\nschool district shall submit to the commissioner a summary plan for the\nidentification and education of gifted pupils.  The plan shall be in\nform and content as prescribed by the commissioner.\n  c. Upon acceptance by a local school district of the apportionments\nmade under section thirty-six hundred two of this chapter such district\nshall use such funding in accordance with guidelines to be established\nby the commissioner for services to gifted pupils. Such services shall\ninclude but not be limited to identification, instructional programs,\nplanning, inservice education and program evaluation. A board of\neducation may contract with another district or board of cooperative\neducational services to provide the program and/or services with the\napproval of the commissioner under guidelines established by the\ncommissioner.\n  d. The identification of pupils for participation in gifted programs\nfunded under this chapter shall commence through the referral of a\nparent, teacher, or administrator.\n  e. Upon referral of a pupil for participation in a gifted program\nfunded under this chapter, the school district shall so inform the\nparent or guardian of such pupil's referral and shall seek their\napproval to administer diagnostic tests or other evaluation mechanisms\nrelated to the program objectives of the district in order to determine\neligibility for participation in such gifted program. Failing to receive\napproval, the child shall not be tested, evaluated or participate in the\nprogram.  In no case shall the parent, guardian or pupil be charged a\nfee for the administration of such diagnostic tests or other evaluation\nmechanisms.\n  f. The parent or guardian of a pupil designated as gifted shall be\ninformed by the local school authorities of the pupil's placement in\nsuch gifted program funded under this chapter.\n  2. The commissioner shall establish procedures for evaluation of the\nquality and educational effectiveness of programs for gifted pupils.\n
N.Y. PBA Law § 1147-X — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-X
Audit and annual report
Status: in_force

§ 1147-x. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the comptroller and an\nannual audit shall be performed by an independent certified accountant.\nThe authority shall annually submit to the governor and comptroller and\nto the chairs of the senate finance and assembly ways and means\ncommittees a detailed report pursuant to the provisions of section two\nthousand eight hundred of this chapter, and a copy of such report shall\nbe filed with the clerk of each town and village in the service area.\n
N.Y. PBA Law § 1120-O — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-O
Actions against the authority
Status: in_force

§ 1120-o. Actions against the authority. 1. No action or special\nproceeding shall be prosecuted or maintained against the authority for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection fifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n  (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against its bonds, shall\nbe the rate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate or rates set forth in such bonds from the due\ndate thereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 1149-I — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-I
State and municipalities not liable on authority bonds
Status: in_force

§ 1149-i. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n
N.Y. PBA Law § 1115-D — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-D
Approval of projects
Status: in_force

§ 1115-d. Approval of projects. The authority shall not enter into any\ncontract or agreement with the city or the water board with respect to\nthe financing of any project pursuant to section one thousand one\nhundred fifteen-h of this title, unless the state commissioner of\nenvironmental conservation and the state commissioner of health shall\nhave completed all statutory reviews and approvals with respect to such\nproject which, as of the date of such contract or agreement, are\nrequired by law. Nothing herein shall be construed to diminish the full\nauthority and responsibility of each department of the state for\nstatutory reviews and approvals.\n
N.Y. VAT Law § 606 — New York Code / Act VAT / Title 6 / Article 22 / Section 606
Processing of required reports
Status: in_force

§ 606. Processing of required reports. The commissioner, when\nprocessing reports of accidents filed pursuant to this article, shall\ngive priority to reports involving serious physical injury (as defined\nin subdivision ten of section 10.00 of the penal law) or death.\n
N.Y. PBA Law § 1746 — New York Code / Act PBA / Article 8 / Title 6 / Section 1746
Audit, annual and quarterly reports
Status: in_force

§ 1746. Audit, annual and quarterly reports. 1. Beginning in nineteen\nhundred ninety and every year thereafter, the authority shall, within\none hundred twenty days of the end of the city's fiscal year, submit to\nthe governor, the temporary president of the senate, the speaker of the\nassembly, the minority leader of the senate, the minority leader of the\nassembly, the chairs of the senate and assembly education committees and\nthe chairs of the senate and assembly committees on corporations,\nauthorities and commissions, the chairman of the senate committee on\ninvestigations, taxation, and government operations, the chairman of the\nassembly committee on oversight, analysis, and investigations, the mayor\nand the city board a report on its operations during such fiscal year.\nAn annual audit of the authority shall be conducted by an independent\ncertified public accountant, and the authority's independently audited\nfinancial statements shall be included in this report.\n  2. Beginning in nineteen hundred ninety, and every year thereafter,\nthe authority shall, on the last day of April, July, October, and\nJanuary, submit to all persons set forth in subdivision one of this\nsection a report detailing the extent of completion of all projects for\nconstruction, reconstruction, improvement, rehabilitation, maintenance,\nrepair, furnishing, equipping of or otherwise providing for educational\nfacilities for the city board, including, by project, identified\nshortfalls in schedule performance and providing explanation for such\nshortfalls. Such reports shall detail the extent of completion as\nexisted on the last day of the month preceding each report,\nrespectively.\n
N.Y. SOS Law § 211 — New York Code / Act SOS / Article 5 / Title 6 / Section 211
Agreements for federal administration
Status: in_force

§ 211.  Agreements for federal administration.  1.  The department is\nhereby authorized, on behalf of the state, to enter into an agreement\nwith the secretary of the federal department of health, education and\nwelfare whereby the secretary agrees to administer the state's program\nof additional state payments, including determining the eligibility of\nindividuals and couples for such payments.\n  2.  Any such agreement may authorize the secretary to make additional\nstate payments on behalf of the state to persons found eligible for such\npayments pursuant to the provisions of this title, in amounts authorized\nby the provisions of this title, and shall contain conditions of\neligibility for such additional state payments, including the\nrequirement of current residence and amounts of earned or unearned\nincome to be disregarded in determining eligibility, in accordance with\nthe provisions of this title, regulations of the department and federal\nlaw and regulations.\n  3.  Any such agreement shall provide that the state will pay to the\nsecretary:  (a) the amount the secretary expends for additional state\npayments without regard to the secretary's cost of administering such\npayments, which amount shall not exceed the amount of expenditures made\nby the state and by social services districts for aid to aged, blind and\ndisabled persons during the calendar year nineteen hundred seventy-two,\nless any federal funds properly received on account thereof; and (b) the\namount the secretary expends for additional state payments for any\nindividual which are in excess of the difference between the adjusted\npayment level under the state's program of old age assistance,\nassistance to the blind or aid to the disabled in January, nineteen\nhundred seventy-two and the amount of such individual's supplemental\nsecurity income benefit.  For purposes of this subdivision, "adjusted\npayment level" shall mean the amount of the cash grant under the\nappropriate state program of old age assistance, assistance to the\nblind, aid to the disabled or the combined program of aid to aged, blind\nand disabled persons, to individuals receiving grants under any such\nprogram, who had no other income, for the month of January, nineteen\nhundred seventy-two, plus an amount not greater than the bonus value of\nfood stamps allotted to such individuals in such month, so long as\nfederal law and regulations permit the inclusion of such amount.\n  4. The department is authorized on behalf of the state, with the\napproval of the director of the budget, to agree to modification of the\nagreement, or to terminate the agreement, if it is fiscally advantageous\nto the state to so act. Any modification of the agreement which is\ncontrary to the provisions of this title shall be effective only until\nthe first day of July of the year next succeeding the year in which such\nmodification is to take effect, unless the substance of such\nmodification is enacted into law prior to such date.  For the purposes\nof section one hundred one-a of the executive law, any such modification\nor termination of the agreement shall be considered the adoption of a\nrule, as defined in such section.\n  5. The department is authorized, on behalf of the state, to enter into\nan agreement with the secretary of the federal department of health and\nhuman services for the purpose of obtaining reimbursement for safety net\nassistance or any other payments made from state or local funds\nfurnished for basic needs for any month to or on behalf of persons who\nsubsequently are determined eligible to receive supplemental security\nincome payments for such month. Notwithstanding any law to the contrary,\nthe department is authorized to condition eligibility for any program\nproviding such payments upon the individual's execution of a written\nauthorization allowing the secretary of the federal department of health\nand human services to pay to the social services district the amount of\nsupplemental security income due at the time the individual becomes\neligible.\n
N.Y. BNK Law § 6020 — New York Code / Act BNK / Article 15 / Title 6 / Section 6020
Agreements as to voting
Status: in_force

§ 6020. Agreements as to voting. An agreement between two or more\nstockholders, if in writing and signed by the parties thereto, may\nprovide that in exercising any voting rights, the shares held by them\nshall be voted as therein provided, or as they may agree, or as\ndetermined in accordance with a procedure agreed upon by them.\n
N.Y. PBH Law § 588 — New York Code / Act PBH / Article 5 / Title 6 / Section 588
Violations and penalties
Status: in_force

§ 588. Violations and penalties. 1. Any health services purveyor,\nclinical laboratory, or any agent, employee or fiduciary of a health\nservices purveyor or clinical laboratory who violates the provisions of\nsection five hundred eighty-six of this title, or any rule or regulation\nadopted pursuant thereto, is guilty of a class A misdemeanor and shall\nbe punishable in accordance with the provisions of the penal law.\n  2. Any health services purveyor, clinical laboratory, or any agent,\nemployee or fiduciary of a health services purveyor or clinical\nlaboratory who violates the provisions of section five hundred\neighty-seven of this title, or any rule or regulation adopted pursuant\nthereto, is guilty of a misdemeanor and shall be punishable by:\n  (a) a term of imprisonment in accordance with the penal law; or\n  (b) a fine of not less than five hundred dollars nor more than ten\nthousand dollars; or\n  (c) if the defendant has gained money or property through a violation\nof the provisions of this section, a fine in an amount, fixed by the\ncourt, not to exceed double the amount of the defendant's gain from a\nviolation of such provisions. In such event, the provisions of\nsubdivision three of section 80.00 of the penal law shall be applicable\nto the sentence; or\n  (d) both the imprisonment and the fine.\n
N.Y. LFN Law § 85.50 — New York Code / Act LFN / Article 2 / Title 6-A / Section 85.50
Termination of stay
Status: in_force

§ 85.50 Termination of stay.  Any order extending a stay pursuant to\nsection 85.40 of this title may be vacated or modified if, upon motion\nof any creditor affected thereby, the court finds, after a hearing: (a)\nthat the municipality has failed to comply with a material provision of\nthe repayment plan; or (b) that, due to a material change in\ncircumstances, the repayment plan no longer complies with the\nrequirements of section 85.40 of this title. Upon the occurrence of the\nfinal act necessary to carry out fully all of the terms and provisions\nof the repayment plan with respect to those creditors who accept the\nplan or any benefits thereunder, the court, after a hearing, upon motion\nof any creditor or of the municipality or its emergency financial\ncontrol board, shall enter an order vacating any stay then in effect and\npermanently enjoining any creditors who accepted the plan or any\nbenefits thereunder from commencing or continuing any action or special\nproceeding or doing any other act within the scope of section 85.30 of\nthis title relating to any contract, debt or obligation included in the\nplan.\n
N.Y. RPT Law § 1197 — New York Code / Act RPT / Article 11 / Title 6 / Section 1197
Claims for surplus
Status: in_force

§ 1197. Claims for surplus. 1. Any person who had any right, title,\ninterest, claim, lien or equity of redemption in or upon a parcel\nimmediately prior to the issuance of the judgment of foreclosure may\nfile a claim with the court having jurisdiction for a share of any\nsurplus resulting from the sale of such property. Such claims shall be\nadministered and adjudicated, and such surplus shall be distributed, in\nthe same manner as in an action to foreclose a mortgage pursuant to\narticle thirteen of the real property actions and proceedings law,\nsubject to the provisions of this section.\n  2. (a) Where the property was sold by a public sale, the amount paid\nfor the property shall be accepted as the full value of the property. No\nparty may maintain a claim for surplus or any other claim or action\nagainst the tax district on the basis that the amount paid for the\nproperty did not fairly represent the property's value.\n  (b) Where the property was sold by other than a public sale, a\nclaimant may make a motion, upon notice to the enforcing officer, for\nthe surplus to be recalculated on the basis that the property's full\nvalue on the date of the sale was substantially higher than the value\nused to measure the surplus pursuant to subparagraph (ii) of paragraph\n(a) of subdivision one of section eleven hundred ninety-six of this\ntitle. If the court or its referee finds that a preponderance of the\nevidence supports the claimant's position, the court may direct the\nenforcing officer to recalculate the surplus based upon the property's\nvalue as determined by the court or referee. The court may further\ndirect the enforcing officer to pay the difference into court to be\ndistributed as required by this section.\n  3. Where the court has appointed a referee to preside over the\nproceedings pursuant to subdivision two of section thirteen hundred\nsixty-one of the real property actions and proceedings law, it shall not\nbe necessary for such referee to make a report of such proceedings; nor\nshall it be necessary for the court to confirm by order or otherwise\nsuch proceedings.\n  4. In the case of residential property, if at the time of the\nconfirmation of the report of sale, no former homeowner has filed a\nclaim for surplus, and there are surplus proceeds that remain to be\ndistributed, the proceeding shall remain open for at least three years\nfrom the confirmation of the report of sale, or for such longer period\nas the court may direct. If a former homeowner should file a claim for\nsurplus during such period, the court shall proceed as if it had been\ntimely filed.\n  5. At the conclusion of such proceedings, any surplus funds that have\nnot been claimed shall be deemed abandoned but shall be paid to the tax\ndistrict, not to the state comptroller, and shall be used by the tax\ndistrict to reduce its tax levy.\n  6. To the extent the provisions of article thirteen of the real\nproperty actions and proceedings law are inconsistent with the\nprovisions of this article, the provisions of this article shall govern.\n
N.Y. PBA Law § 3641 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3641
Actions against corporation
Status: in_force

§ 3641. Actions against corporation. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the corporation, its members, officers, or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort, or wrongful act\nof the corporation or of any member, officer, agent, or employee\nthereof, unless:\n  (a) notice of claim shall have been made and served upon the\ncorporation within the time limit set by and in compliance with section\nfifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n  (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based; and\n  (d) an action against the corporation for wrongful death shall be\ncommenced in accordance with notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Whenever a notice of claim is served upon the corporation, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The corporation may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the corporation to be\nsworn before a director, counsel, attorney, officer, or employee of the\ncorporation designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The corporation shall have power to settle or\nadjust all claims in favor of or against the corporation.\n  4. Any action or proceeding to which the corporation or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein, except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the corporation or its counsel in any action\nor proceeding questioning the validity of this title in which the\ncorporation may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable, other than a judgment on its bonds,\nshall be the rate prescribed by section five thousand four of the civil\npractice law and rules. Interest on payments of principal or interest on\nany bonds in default shall accrue at the rate borne by such bonds from\nthe due date thereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the corporation of whatsoever\nnature shall be brought in the county.\n
N.Y. EDN Law § 4706 — New York Code / Act EDN / Title 6 / Article 95 / Section 4706
Course of instruction
Status: in_force

§ 4706. Course of instruction.  The board of managers shall prescribe\nthe courses of instruction to be followed in such school, subject to the\napproval of the commissioner of education.  Such instruction shall\ninclude instruction in agriculture, mechanic arts, trades and\nhomemaking.  The provisions of this chapter and of the regulations of\nthe education department relating to vocational instruction in the\npublic schools shall apply to such school so far as they do not conflict\nwith the provisions of this article and may be made applicable thereto.\n
N.Y. VAT Law § 603 — New York Code / Act VAT / Title 6 / Article 22 / Section 603
Accidents; police authorities and coroners to report
Status: in_force

§ 603. Accidents; police authorities and coroners to report. 1. Every\npolice or judicial officer to whom an accident resulting in injury to a\nperson shall have been reported, pursuant to the foregoing provisions of\nthis chapter or pursuant to the provisions of sections twelve hundred\nforty or twelve hundred forty-one of this chapter involving a bicycle\nwith electric assist or pursuant to the provisions of sections twelve\nhundred eighty-seven or twelve hundred eighty-eight of this chapter,\nshall immediately investigate the facts, or cause the same to be\ninvestigated, and report the matter to the commissioner forthwith;\nprovided, however, that the report of the accident is made to the police\nofficer or judicial officer within five days after such accident. Every\ncoroner, or other official performing like functions, shall likewise\nmake a report to the commissioner with respect to all deaths found to\nhave been the result of motor vehicle, motorcycle, electric scooter, or\nbicycle with electric assist accidents. Such report shall include\ninformation regarding the type or types of vehicles involved, including\npassenger motor vehicles, commercial motor vehicles, motorcycles,\nlimited use motorcycles, off-highway motorcycles, electric scooters,\nbicycles with electric assist and/or bicycles. Such report shall include\ninformation on the width and length of trucks, tractors, trailers and\nsemitrailers, which are in excess of ninety-five inches in width or\nthirty-four feet in length and which are involved in such accidents,\nwhether such accident took place in a work area and whether it was being\noperated with an overweight or overdimension permit. Such report shall\ndistinctly indicate and include information as to whether the inflatable\nrestraint system inflated and deployed. Nothing contained in this\nsubdivision shall be deemed to preclude a police officer from reporting\nany other accident which, in the judgment of such police officer, would\nbe required to be reported to the commissioner by the operator of a\nvehicle pursuant to section six hundred five of this article.\n  2. In addition to the requirements of subdivision one of this section,\nevery police officer or judicial officer to whom an accident shall have\nbeen reported involving a commercial vehicle as defined in either\nsubdivision four of section five hundred one-a or subdivision one of\nsection five hundred nine-p of this chapter shall immediately\ninvestigate the facts, or cause the same to be investigated and report\nthe matter to the commissioner forthwith, provided that the report of\nthe accident is made to the police officer or judicial officer within\nfive days after such accident, whenever such accident has resulted in\n(i) a vehicle being towed from the accident scene as the result of\nincurring disabling damage, (ii) a fatality, or (iii) any individual\nbeing transported to a medical facility to receive treatment as the\nresult of physical injury sustained in the accident.\n
N.Y. LFN Law § 85.10 — New York Code / Act LFN / Article 2 / Title 6-A / Section 85.10
Notice of claim
Status: in_force

§ 85.10 Notice of claim.  No act shall be done or action or special\nproceeding shall be prosecuted or maintained seeking to apply or enforce\nagainst the municipality or any covered organization, or their funds,\nproperty, receivables or revenues, any order, judgment, lien, set-off or\ncounterclaim relating to any contract, debt or obligation, direct or\nindirect, of the municipality, including but not limited to any bond,\nnote or other evidence of indebtedness, or seeking the assessment, levy\nor collection of taxes by or for the municipality or the application of\nany funds, property, receivables or revenues of the municipality or any\ncovered organization, unless: (a) payment by the municipality or covered\norganization in connection with such contract, debt or obligation is due\nor overdue; and (b) a demand for payment shall have been made and served\nupon the municipality, in compliance with section 85.20 of this title,\nand thirty days shall have elapsed since the service of such demand; and\n(c) any complaint, petition or other moving paper seeking any relief as\naforesaid shall contain an allegation that at least thirty days have\nelapsed since the service of such demand and that adjustment or payment\nhas been neglected or refused.\n
N.Y. BNK Law § 6014 — New York Code / Act BNK / Article 15 / Title 6 / Section 6014
Vote of stockholders
Status: in_force

§ 6014. Vote of stockholders. 1. Directors shall, except as otherwise\nrequired by this article or by the organization certificate as permitted\nby this article, be elected by a plurality of the votes cast at a\nmeeting of stockholders by the holders of shares entitled to vote in the\nelection.\n  2. Whenever any corporate action, other than the election of\ndirectors, is to be taken under this chapter by vote of the\nstockholders, it shall, except as otherwise required by this chapter or\nby the organization certificate as permitted by this article, be\nauthorized by a majority of the votes cast at a meeting of stockholders\nby the holders of shares entitled to vote thereon.\n
N.Y. BNK Law § 6008 — New York Code / Act BNK / Article 15 / Title 6 / Section 6008
Quorum of stockholders
Status: in_force

§ 6008. Quorum of stockholders. 1. The holders of a majority of the\nshares entitled to vote thereat shall constitute a quorum at a meeting\nof stockholders for the transaction of any business, provided that when\na specified item of business is required to be voted on by a class or\nseries, voting as a class, the holders of a majority of the shares of\nsuch class or series shall constitute a quorum for the transaction of\nsuch specified item of business.\n  2. The organization certificate or by-laws may provide for any lesser\nquorum not less than one-third of the shares entitled to vote, and the\norganization certificate may, under section six thousand sixteen,\nprovide for a greater quorum.\n  3. When a quorum is once present to organize a meeting, it is not\nbroken by the subsequent withdrawal of any stockholders.\n  4. The stockholders present may adjourn the meeting despite the\nabsence of a quorum.\n
N.Y. EDN Law § 4603 — New York Code / Act EDN / Title 6 / Article 93 / Section 4603
Practical arts
Status: in_force

§ 4603. Practical arts.  1. The board of education of each school\ndistrict may establish and maintain non-vocational practical arts tryout\nor exploratory courses in industrial arts, home economics, business and\nagriculture.\n  2. Such practical arts courses and exploratory courses shall be\nclassified as general education.  The schools which offer such courses\nshall not designate them as trade, technical or occupational courses.\n
N.Y. EDN Law § 4115 — New York Code / Act EDN / Title 6 / Article 83 / Section 4115
Apportionment
Status: in_force

§ 4115. Apportionment. 1. If the education of Indian children of a\nreservation is being provided pursuant to the provisions of subdivision\ntwo of section forty-one hundred one of this article, such Indian\nchildren in attendance on the date construction is commenced shall be\nincluded in the computation of a building quota pursuant to subdivision\nsix-a of section thirty-six hundred two of this chapter for the school\ndistrict providing such education. In the event that a district which\nhas furnished instruction to Indian children shall cease to furnish such\ninstruction, any building quota paid such district pursuant to the\nprovisions of such subdivision six-a shall be recomputed to remove the\nIndian children from the computation of such building quota for such\ndistrict.\n  2. a. Except as otherwise provided in this subdivision, if the\neducation of Indian children of a reservation shall be provided pursuant\nto the provisions of subdivision two of section forty-one hundred one of\nthis article, such Indian children shall be included in the pupils\ndeemed in weighted averaged daily attendance, average daily membership,\ntotal aidable pupil units, total aidable foundation pupil units and\ntotal wealth pupil units for the school district providing such\neducation and such Indian children shall be deemed to be resident pupils\nof the district for the purpose of the computation of the apportionment\nof public moneys to the school district providing such education.\n  b. During the first school year, beginning on or after July first,\nnineteen hundred fifty-six, in which Indian children are educated in the\nschools of a school district pursuant to the provisions of subdivision\ntwo of section forty-one hundred one of this article, there shall be\napportioned and paid to each such school district the sum of:\n  (1) Three hundred thirty dollars for each Indian pupil in grades one\nthrough six in average daily attendance during the month of October,\nincluding kindergarten Indian children who attend for a full day. Where\nkindergarten Indian children attend but one-half day the district shall\nbe entitled to one hundred sixty-five dollars for each such pupil.\n  (2) Four hundred twelve dollars and fifty cents for each Indian pupil\nin grades seven to twelve inclusive in average daily attendance during\nthe month of October.\n  c. The provisions of paragraph b of this subdivision shall not apply\nin respect to an Indian child who was not educated in an Indian school\nmaintained by the state of New York during a part of the school year\nimmediately preceding the school year in which such payment is made, but\nshall apply to an Indian child who would have been educated in an Indian\nschool maintained by the state of New York during a part of the school\nyear in which such payment is made if the education of such Indian child\nhad not been provided for pursuant to the provisions of subdivision two\nof section forty-one hundred one of this article.\n  d. In the event that a school district ceases to educate Indian\nchildren pursuant to the provisions of subdivision two of section\nforty-one hundred one of this article, any state aid received by such\nschool district during the ensuing school year by reason of the\nattendance of Indian children during the last school year instruction\nwas furnished such Indian children shall be reduced by the amount of any\npayment made such district during the first year Indian children were\neducated in the schools of such district pursuant to the provisions of\nsubdivision two of section forty-one hundred one of this article by\nreason of the attendance of such Indian children.\n  3. All children at the Thomas Indian school, and all Indian children\nresiding on any of the reservations of the state who are qualified to\nenter a secondary school and whose parents are unable to provide such\neducation are eligible to appointment by the commissioner of education\nas state pupils and as such to receive transportation to and from a high\nschool or vocational school on each day of attendance. Whenever such\nhigh school or vocational school shall be in a city or district other\nthan one in which such pupils may have the legal right to attend without\ncharge, and where a charge is imposed on non-resident pupils, the state\nshall also pay the required non-resident fee for tuition. The required\nnon-resident fee for tuition shall not exceed the total cost to the\nschool district of the education of such Indian children, less any\npublic moneys received by the school district by reason of the\nattendance of such Indian children in regular day school, except any\npublic moneys received by the district as a building quota pursuant to\nthe provisions of subdivision six-a of section thirty-six hundred two of\nthis chapter. The commissioner of taxation and finance shall pay on the\nwarrant of the comptroller bills approved by the commissioner of\neducation from the appropriation for general support for the public\nschools, out of such sum as may be appropriated for such support and\neducation of Indian youth for the amounts necessary for the purposes set\nforth in this section.\n
N.Y. PBA Law § 1115-P — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-P
State, city and water board not liable on authority bonds
Status: in_force

§ 1115-p. State, city and water board not liable on authority bonds.\nNeither the state, nor the city, nor the water board nor any subdivision\nthereof shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, the city, or such water board.\n
N.Y. PBA Law § 1147-W — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-W
Equal employment opportunity
Status: in_force

§ 1147-w. Equal employment opportunity. The authority shall ensure\nthat all employees or applicants for employment are afforded equal\nemployment opportunity without discrimination.\n
N.Y. PBA Law § 1147 — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147
Short title
Status: in_force

§ 1147. Short title. This title may be cited as the "Alfred, Almond,\nHornellsville Sewer Authority Project Act".\n
N.Y. PBA Law § 1120-S — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-S
Limited liability
Status: in_force

§ 1120-s. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. BNK Law § 6012 — New York Code / Act BNK / Article 15 / Title 6 / Section 6012
Qualification of voters
Status: in_force

§ 6012. Qualification of voters. 1. Every stockholder of record shall\nbe entitled at every meeting of stockholders to one vote for every share\nstanding in his name on the record of stockholders, unless otherwise\nprovided in the organization certificate.\n  2. Treasury shares and shares held by another corporation of any type\nor kind, whether or not formed under any law of this state, if a\nmajority of the shares entitled to vote in the election of directors of\nsuch other corporation is beneficially owned by the corporation, shall\nnot be shares entitled to vote or to be counted in determining the total\nnumber of outstanding shares.\n  3. Shares held by an administrator, executor, guardian, conservator,\ncommittee, or other fiduciary, except a trustee, may be voted by him,\neither in person or by proxy, without transfer of such shares into his\nname. Shares held by a trustee may be voted by him, either in person or\nby proxy, only after the shares have been transferred into his name as\ntrustee or into the name of his nominee. Shares of its own stock held by\na trust company as sole trustee, whether registered in its own name as\nsuch trustee or in the name of its nominee, shall not be voted by the\nregistered owner in the election of directors unless under the terms of\nthe trust the manner in which such shares shall be voted may be\ndetermined by a donor or beneficiary of the trust and unless such donor\nor beneficiary actually directs how such shares shall be voted, and\nshares of its own stock held by a trust company and one or more persons\nas trustees may be voted by such other person or persons, as trustees,\nin the same manner as if he or they were the sole trustee.\n  4. Shares held by or under the control of a receiver may be voted by\nhim without the transfer thereof into his name if authority so to do is\ncontained in an order of the court by which such receiver was appointed.\n  5. A stockholder whose shares are pledged shall be entitled to vote\nsuch shares until the shares have been transferred into the name of the\npledgee, or a nominee of the pledgee.\n  6. Redeemable shares which have been called for redemption shall not\nbe deemed to be outstanding shares for the purpose of voting or\ndetermining the total number of shares entitled to vote on any matter on\nand after the date on which written notice of redemption has been sent\nto holders thereof and a sum sufficient to redeem such shares has been\ndeposited with a bank or trust company with irrevocable instruction and\nauthority to pay the redemption price to the holders of the shares upon\nsurrender of certificates therefor.\n  7. Shares standing in the name of another corporation of any type or\nkind, whether or not formed under any law of this state, may be voted by\nsuch officer, agent or proxy as the by-laws of such corporation may\nprovide, or, in the absence of such provision, as the board of such\ncorporation may determine.\n  8. When shares are registered on the record of stockholders of a\ncorporation in the name of, or have passed by operation of law or by\nvirtue of any deed of trust or other instrument to two or more\nfiduciaries, and dispute arises among them in respect to voting thereon,\nsuch shares may be voted by a majority of such fiduciaries, and in such\nmanner and for such purpose as such majority shall direct, and if the\nfiduciaries shall be equally divided as to voting such shares, any court\nhaving jurisdiction of their accounts, upon petition by any of such\nfiduciaries or by any party in interest, may direct the voting of such\nshares for the best interest of the beneficiaries. This subdivision\nshall not apply in any case where the instrument or order of the court\nappointing such fiduciaries shall otherwise direct how such shares shall\nbe voted. Nor shall this subdivision apply to any fiduciaries appointed\nby a court prior to May sixth, nineteen hundred eighteen, or by last\nwill and testament of a decedent, whose death occurred prior to such\ndate, or by deed of trust or other instrument made prior to May first,\nnineteen hundred fifty-six, nor to shares at any time transferred to or\nheld by fiduciaries so appointed.\n  9. Notwithstanding the foregoing subdivisions, a corporation shall be\nprotected in treating the persons in whose names shares stand on the\nrecord of stockholders as the owners thereof for all purposes.\n
N.Y. EDN Law § 5010 — New York Code / Act EDN / Title 6 / Article 101 / Section 5010
Advisory council
Status: in_force

§ 5010. Advisory council. 1. An advisory council for licensed private\ncareer schools is hereby created for the purpose of advising the board\nof regents and the commissioner as provided herein. The council shall be\ncomposed of eleven members appointed by the governor, two of whom shall\nbe upon the recommendation of the temporary president of the senate, two\nof whom shall be upon the recommendation of the speaker of the assembly,\none of whom shall be upon the recommendation of the minority leader of\nthe senate and one of whom shall be upon the recommendation of the\nminority leader of the assembly. Of the five remaining members, one\nshall be an owner or director of a school regulated pursuant to this\narticle, and one shall be a student advocate. The governor shall\ndesignate a chairperson from such members. The commissioner, the\npresident of the higher education services corporation, the secretary of\nstate, the comptroller, the director of the division of the budget, and\nthe executive director of the job training partnership council, or their\ndesignees, shall serve as ex-officio, non-voting members of the council.\n  2. The council shall meet no less than four times a year. Members of\nthe council shall receive no compensation for their services but shall\nbe reimbursed for reasonable expenses actually and necessarily incurred\nby them in the performance of their duties. Council member terms of\noffice shall be limited to three years, provided that members may be\nreappointed. All appointments to the council to fill vacancies in\nexistence on the effective date of the chapter of the laws of two\nthousand twelve which amended this subdivision shall be made within\nninety days of such effective date.\n  3. The council shall advise the commissioner on such matters as the\ncouncil determines are appropriate.\n