N.Y. EDN Law § 4803 — New York Code / Act EDN / Title 6 / Article 97 / Section 4803
Board of managers
Status: in_force

§ 4803. Board of managers.  The board of managers of such school shall\nconsist of not less than five members to be appointed by the mayor of\nsuch city and of which board the superintendent of schools in any such\ncity shall be one member ex-officio.  Members of the board other than\nthe said superintendent shall be appointed from resident taxpayers of\nthe city who shall serve for terms of four years commencing upon the\nfirst day of January succeeding the appointment.  Such terms shall be so\narranged that the terms of no two of the members so appointed shall\nexpire in the same year, and for this purpose the terms of members first\nappointed hereunder shall be as follows:  In case one member shall be\nappointed the term shall be four years; in case two members are\nappointed the term shall be four and two years respectively; in case\nthree members are appointed the term shall be four, three and two years;\nin case four members shall be appointed the terms shall be four, three,\ntwo and one year respectively.  Such terms shall commence on the first\nday of January succeeding the appointment and their successors shall be\nappointed for a full term of four years as above provided.  Appointments\nto fill vacancies shall be for the unexpired portion of the terms.  The\nmembers of the board shall serve without compensation.  They shall\nreceive their necessary expenses incurred in the performance of their\nduties.  The amount of such expenses shall be charged against the city\nand paid in the same manner as other city charges.  The board shall\norganize by the election of one of its members as chairman and another\nas secretary.\n
N.Y. TWN Law § 55-A — New York Code / Act TWN / Article 3-A / Title 6 / Section 55-A
Reserve funds for improvement districts
Status: in_force

§ 55-a. Reserve funds for improvement districts. 1. The town board of\na suburban town, on behalf of any improvement district wholly located\nwithin the town, may establish one or more reserve funds for the\nfinancing of all or part of the cost of a "specific object or purpose"\nor a "class of objects or purposes", as such terms are defined in\nsection 2.00 of the local finance law, which may be constructed,\nreconstructed, acquired or provided by or on behalf of such district.\nThe authorization of the establishment of such a fund shall be subject\nto a permissive referendum in the affected district and shall set forth\nthe estimated maximum cost of any such specific object or purpose or\nclass thereof.\n  2. There may be paid into such fund such an amount as may be provided\ntherefor by budgetary appropriation or such district revenues as are not\nrequired by law to be paid into any other fund or account.  Any amount\nto be assessed, levied and collected in a district to provide money for\nsuch a fund shall be assessed, levied and collected in the same manner\nand at the same time as the amount to provide for the costs of operation\nand maintenance of such district.\n  3. An expenditure may be made from such a reserve fund only by an\nauthorization of the town board and only for a specific object or\npurpose or class thereof, the cost of which may be financed therefrom.\n  4. The town board may authorize the transfer to the credit of a\nreserve fund created pursuant to this section for the district affected,\nany unexpended balance remaining in another reserve fund created for\nsuch district. If the object or purpose or class thereof for which the\nlatter fund was established has been completed, acquired or provided, a\nsum sufficient to satisfy all outstanding claims arising from such\ncompletion, acquisition or provision shall be retained in such fund and\nnot transferred.\n
N.Y. EDN Law § 4207 — New York Code / Act EDN / Title 6 / Article 85 / Section 4207
Support and term of instruction of blind state pupils
Status: in_force

§ 4207. Support and term of instruction of blind state pupils. 1. Each\nblind pupil so received into any of the institutions specified in this\narticle shall be provided with board, lodging and tuition; and the\ndirectors 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, lodging and tuition was so provided by the\ninstitution during the preceding quarter and during the comparable\nquarter of the preceding year, and the remaining part of each such\nquarterly payment shall be due thereafter on the first day of the\nquarter next ensuing, upon the presentation by the treasurer of the\ninstitution of a bill showing the actual time and number of pupils\nattending the institution, which bill shall be signed by the chief\nexecutive officer of the institution, and verified by his oath. The\nprovisions of this subdivision shall apply to board, lodging and tuition\nfor the two thousand ten--two thousand eleven and prior school years.\n  2. For expenses incurred in the two thousand eleven--two thousand\ntwelve school year and thereafter, each blind 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--two thousand twelve and two thousand\ntwelve--two thousand thirteen school years, costs of tuition, as defined\nin section forty-two hundred eleven of this article, shall be a charge\nupon the school district of which any such child is resident at the time\nof admission 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 on the first day of the quarter next ensuing,\nupon the presentation by the treasurer of the institution of a bill\nshowing the actual time and number of pupils attending the institution\nwho received board and lodging, which bill shall be signed by the chief\nexecutive officer of the institution, and verified by his oath.\n  3. The regular term of instruction of any such blind pupil in the New\nYork Institute for Special Education shall be eight years. The\ncommissioner may in his discretion extend the term of any pupil for a\nperiod not exceeding three years. It shall also be lawful for the\ncommissioner to continue such pupils as state pupils for an additional\nperiod of three years for the purpose of pursuing or completing a course\nof high school study; such pupils must be recommended by the trustees of\nthe New York Institute for Special Education before such extension is\ngranted.\n  4. The term of appointment for blind babies and children of the age of\nfifteen years and under received into any institution in accordance with\nthis article shall be at the discretion of the commissioner.\n  5. Children placed in any such institutions for the blind pursuant to\nsection forty-two hundred six shall be maintained therein for the period\nof time the school is in session.\n
N.Y. EDN Law § 4712 — New York Code / Act EDN / Title 6 / Article 95 / Section 4712
Powers of commissioner of education and education department
Status: in_force

§ 4712. Powers of commissioner of education and education department.\nA school established as provided herein shall be deemed a part of the\npublic school system of the state, and shall be subject to the\nsupervision and control of the commissioner of education and the\neducation department in the same manner as other public schools, and\nshall not be subject to any of the laws of the state relating to\ncharitable or penal institutions.\n
N.Y. PBA Law § 1120 — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120
Short title
Status: in_force

§ 1120. Short title. This title shall be known and may be cited as the\n"Clifton Park water authority act".\n
N.Y. SOS Law § 418 — New York Code / Act SOS / Article 6 / Title 6 / Section 418
Mandatory reporting to and post-mortem investigation of deaths by medical examiner or coroner
Status: in_force

§ 418. Mandatory reporting to and post-mortem investigation of deaths\nby medical examiner or coroner. Any person or official required to\nreport cases of suspected child abuse or maltreatment, including workers\nof the local child protective service who has reasonable cause to\nsuspect that a child died as a result of child abuse or maltreatment\nshall report that fact to the appropriate medical examiner or coroner.\nThe medical examiner or coroner shall accept the report for\ninvestigation and shall issue a preliminary written report of his or her\nfinding within sixty days of the date of death, absent extraordinary\ncircumstances, and his or her final written report promptly, absent\nextraordinary circumstances, to the police, the appropriate district\nattorney, the local child protective service, the office of children and\nfamily services, and, if the institution making the report is a\nhospital, the hospital. The office of children and family services shall\npromptly provide a copy of the preliminary and final reports to the\nstatewide central register of child abuse and maltreatment.\n
N.Y. EDN Law § 4405 — New York Code / Act EDN / Title 6 / Article 89 / Section 4405
Computing financial responsibility for special educational services for certain children with disabilities
Status: in_force

§ 4405. Computing financial responsibility for special educational\nservices for certain children with disabilities. 1.  Maintenance for\nchildren with disabilities in residential schools under the provisions\nof this article or state schools under the provisions of articles\neighty-seven and eighty-eight of this chapter.\n  a. Maintenance for a student with a disability placed in a residential\nschool under the provisions of this article shall be a charge upon the\nsocial services district wherein such child resides at the time of the\ncommencement of the school year for which aid is to be paid. Financial\nresponsibility for the maintenance of a student with a disability placed\nin a state school under the provisions of articles eighty-seven and\neighty-eight of this chapter shall be in accordance with the provisions\nof such articles.\n  c. Expenditures made by a social services district for the maintenance\nof a child with a disability placed in a residential school under the\nprovisions of this article, including a child with a disability placed\nby a school district committee on special education pursuant to this\narticle in a special act school district, or a state school subject to\nthe provisions of articles eighty-seven and eighty-eight of this\nchapter, shall be subject to reimbursement by the child's school\ndistrict of residence pursuant to the provisions of subdivision ten of\nsection one hundred fifty-three of the social services law. The amount\nof such reimbursement shall be a charge upon such school district of\nresidence.\n  2. Transportation expense. The transportation expense of each child\nwith a disability shall be aidable in accordance with subdivision seven\nof section thirty-six hundred two of this chapter; provided, however,\nthat for the school year commencing July first, nineteen hundred\nseventy-six, school districts shall be apportioned ninety per centum of\nthe estimated amount of its approved costs of such year for the\ntransportation of children with disabilities whose transportation was\nformerly provided under a family court order and is now a charge upon\nthe school district, subject to the adjustment of any errors after the\nactual costs are ascertained.\n  3. Computing state financial responsibility for operating expenses for\ncertain children with disabilities.\n  a. In addition to any other apportionments under the provisions of\nthis chapter, there shall be apportioned to each applicable school\ndistrict for each child with a disability in attendance in a state\nschool under the provisions of paragraph d of subdivision two of section\nforty-four hundred one of this article or an approved program under the\nprovisions of paragraphs e, f, g, h, i and l of such subdivision two,\nthe product of such attendance, computed in accordance with regulations\nof the commissioner, and the excess cost aid: an amount computed by\nmultiplying the excess cost, as defined in subdivision six of section\nforty-four hundred one of this article by the excess cost aid ratio\ndefined in subdivision seven of this section.\n  b. In addition to the apportionment provided to a school district\npursuant to paragraph a of this subdivision for the attendance of a\nchild with a disability in a state school under the provisions of\nparagraph d of subdivision two of section forty-four hundred one of this\narticle, for each such child in attendance in such school prior to July\nfirst, nineteen hundred ninety, there shall be apportioned an additional\namount. Such amount shall equal the product of the taper aidable cost\nmultiplied by the taper aid ratio. The taper aidable cost shall equal\nthe positive remainder resulting when (i) the apportionment attributable\nto such child pursuant to paragraph a of this subdivision is subtracted\nfrom (ii) the product of such child's attendance and the tuition for the\nstate school such child attends. The taper aid ratio shall equal the\nquotient, computed to three decimals without rounding, resulting when\nthe positive remainder of one minus the combined wealth ratio, as\ndefined in subdivision three of section thirty-six hundred two of this\nchapter is divided by seventy-five one-hundredths. Such aid ratio shall\nnot be less than zero nor more than one.\n  c. The apportionments to each school district pursuant to this\nsubdivision shall be based on excess cost paid and attendance during the\nbase year.\n  d. Notwithstanding sections thirty-six hundred seven and thirty-six\nhundred nine-a of this chapter, apportionments pursuant to this\nsubdivision shall be paid to school districts upon submission of reports\nof attendance and approved tuition expenditures filed in a format\nprescribed by the commissioner and shall be paid from the annual\napportionment of public moneys for the support of public schools in\naccordance with section thirty-six hundred nine-b of this chapter.\n  4. a. The commissioner of education and the commissioner of social\nservices shall develop reimbursement methodologies for the tuition and\nmaintenance components of approved private schools and special act\nschool districts. The commissioner of education, in consultation with\nthe appropriate state agencies and departments, shall have\nresponsibility for developing a reimbursement methodology for tuition\nwhich shall be based upon appropriate educational standards promulgated\npursuant to regulations of the commissioner of education. The\ncommissioner of social services, in consultation with appropriate state\nagencies and departments, shall have responsibility for developing a\nreimbursement methodology for maintenance, pursuant to section three\nhundred ninety-eight-a of the social services law and the regulations\npromulgated thereunder.\n  b. The commissioner of education shall develop reimbursement\nmethodologies for the tuition components and, in consultation with the\ncommissioner of social services, the maintenance components of the New\nYork state school for the blind and the New York state school for the\ndeaf based upon appropriate standards promulgated pursuant to\nregulations of the commissioner of education.\n  c. The director of the budget, in consultation with the commissioner\nof education, the commissioner of social services, and any other state\nagency or other source the director may deem appropriate, shall approve\nreimbursement methodologies for tuition and for maintenance. Any\nmodification in the approved reimbursement methodologies shall be\nsubject to the approval of the director of the budget. Notwithstanding\nany other provision of law, rule or regulation to the contrary, tuition\nrates established for the nineteen hundred ninety-five--ninety-six\nschool year shall exclude the two percent cost of living adjustment\nauthorized in rates established for the nineteen hundred\nninety-four--ninety-five school year.\n  d. Effective upon final approval by the director of the budget of the\nreimbursement methodologies for both tuition and maintenance, the\ncommissioner of education shall annually determine a tuition rate in\nconformance with this paragraph for each private school and special act\nschool district.\n  e. Effective upon final approval by the director of the budget of the\nreimbursement methodologies for both tuition and maintenance, the\ncommissioner of social services shall annually determine a maintenance\nrate and a medical services rate, in accordance with this paragraph, for\neach private school and special act school district where applicable.\n  f. Effective upon final approval by the director of the budget of the\nreimbursement methodologies for both tuition and maintenance, the\ncommissioner of education shall annually determine a tuition rate and,\nin consultation with the commissioner of social services, a maintenance\nrate and a medical services rate, if applicable, in conformance with\nthis subdivision for the New York state school for the blind and the New\nYork state school for the deaf.\n  g. All reimbursement rates determined pursuant to this subdivision\nshall be effective for the period July first through June thirtieth.\nRates for the following year shall be submitted no later than April\nfifteenth to the director of the budget. The director shall act upon\nsuch rates within forty-five days of submission. Such rates shall not\nbecome effective until approved by the director of the budget. In the\nevent that the rates are approved after July first, then such rates\nshall be deemed to apply retroactively to such date.\n  h. All reimbursements shall be subject to adjustment and final\ndetermination upon field audit conducted by the education department,\nthe department of social services, the state comptroller or any agent\nthereof.\n  i. The commissioner of education, the commissioner of social services\nand the director of the budget, in consultation with other appropriate\nstate agencies and departments, shall enter into an interagency\nagreement to assure effective implementation of the provisions of this\nparagraph. The agreement shall provide for, but not be limited to, the\ndevelopment of common accounting practices and audit procedures, common\ninformation and budget forms, coordinated financial and other reporting\nrequirements for private schools and special act school districts,\nmechanisms for resolving appeals of rates established pursuant to this\nsection, and mechanisms to evaluate and recommend modification to\nreimbursement methodologies.\n  j. (i) If the board of education of a special act school district\nlisted in chapter five hundred sixty-six of the laws of nineteen hundred\nsixty-seven, as amended, seeks to close a special act school district,\nthe board of education of the special act school district shall provide\nwritten notice to the commissioner with a plan for closure of the school\nat least ninety days prior to the closing date. Such plan shall include\nprovision for the safe and orderly transfer of each student with a\ndisability who was publicly placed in the program and a detailed and\nitemized list of estimated expenses necessary to close down the school\nand a detailed and itemized list of any estimated revenues to be\nreceived.\n  (ii) During the close-down period and until all necessary financial\nobligations of the school district have been met pursuant to this\nparagraph, the commissioner shall require the board of education of the\nschool district to periodically submit, as required by the commissioner,\nfinancial reports and financial statements, detailing any tuition,\nand/or close-down costs and any revenues generated. In applying the\nreimbursement methodology to any remaining tuition costs and any other\nreasonable and appropriate expenses needed to close-down the special act\nschool district, the commissioner shall reject any close-down costs that\nare unnecessary or unreasonable to close-down the school, whether or not\nthe board of education submits a close-down plan.\n  k. (i) The tuition methodology established pursuant to this\nsubdivision for the two thousand twenty-one--two thousand twenty-two\nschool year shall authorize approved private residential or\nnon-residential schools for the education of students with disabilities\nthat are located within the state, and special act school districts to\nretain funds in excess of their allowable and reimbursable costs\nincurred for services and programs provided to school-age students. The\namount of funds that may be annually retained shall not exceed one\npercent of the school's or school district's total allowable and\nreimbursable costs for services and programs provided to school-age\nstudents for the school year from which the funds are to be retained;\nprovided that the total accumulated balance that may be retained shall\nnot exceed four percent of such total costs for such school year; and\nprovided further that such funds shall not be recoverable on\nreconciliation of tuition rates, and shall be separate from and in\naddition to any other authorization to retain surplus funds on\nreconciliation.\n  (ii) The tuition methodology established pursuant to this subdivision\nfor the two thousand twenty-two--two thousand twenty-three school year\nand annually thereafter shall authorize approved providers to retain\nfunds in excess of their allowable and reimbursable costs incurred for\nservices and programs provided to school-age and preschool students. The\namount of funds that may be annually retained shall not exceed the\nallowable surplus percentage of the approved provider's total allowable\nand reimbursable costs for services and programs provided to school-age\nand preschool students for the school year from which the funds are to\nbe retained, as defined in subparagraph (iii) of this paragraph;\nprovided that such funds shall not be recoverable on reconciliation of\ntuition rates and provided further that any interest earned or\ninvestments realized on such funds shall supplement and not supplant any\nfunds provided by the tuition methodology once retained. For purposes of\nthis subparagraph, "approved providers" shall mean private residential\nor non-residential schools for the education of students with\ndisabilities that are located within the state, special act school\ndistricts, and programs approved pursuant to section forty-four hundred\nten of this article that are subject to tuition rate reconciliation.\n  (iii) The approved surplus percentage shall be as follows: eleven\npercent for the two thousand twenty-two--two thousand twenty-three\nthrough two thousand twenty-four--two thousand twenty-five school years,\neight percent for the two thousand twenty-five--two thousand twenty-six\nschool year, five percent for the two thousand twenty-six--two thousand\ntwenty-seven school year, and two percent for the two thousand\ntwenty-seven--two thousand twenty-eight school year and annually\nthereafter.\n  (iv) Funds authorized to be retained under this paragraph may be\nexpended only pursuant to an authorization of the governing board of the\nschool, school district or program approved pursuant to section\nforty-four hundred ten of this article, for a purpose expressly\nauthorized as part of the approved tuition methodology for the year in\nwhich the funds are to be expended, provided that funds may be expended\nto pay prior year outstanding debts. Any school, school district, or\nprogram approved pursuant to section forty-four hundred ten of this\narticle that retains funds pursuant to this paragraph shall be required\nto annually report a statement of the total balance of any such retained\nfunds, the amount, if any, retained in the prior school year, the\namount, if any, dispersed in the prior school year, and any additional\ninformation requested by the department as part of the financial reports\nthat are required to be annually submitted to the department.\n  5. The commissioner shall annually determine the tuition rate and the\ncommissioner of social services shall annually determine the maintenance\nrate for special services or programs provided during the months of July\nand August for children with disabilities entitled to attend public\nschools without the payment of tuition pursuant to section thirty-two\nhundred two of this chapter. The commissioner of education shall\nannually determine the tuition rate, maintenance rate and the medical\nservices rate, if applicable, for such children attending the New York\nstate school for the blind or the New York state school for the deaf\nduring the months of July and August. Such rates shall be determined in\nconformance with the reimbursement methodologies established pursuant to\nsubdivision four of this section and shall be subject to the approval of\nthe division of the budget. Rates shall be determined for all special\nservices or programs as defined in section forty-four hundred one of\nthis chapter and offered during July and August.\n  6. Tuition and maintenance rates established pursuant to this section,\nonce certified by the director of the budget, shall be used in all\ncontracts for the provision of programs and services for which such\nrates were established, provided, however, that the commissioner shall\nprorate the amount to be paid for an individual pupil enrolled for a\nperiod of time which is less than the full period of time approved for\nsuch program or services.\n
N.Y. PBA Law § 1134 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1134
Agreement of the state
Status: in_force

* § 1134. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the authority to negotiate, purchase, construct, maintain,\noperate, repair, improve, increase, enlarge, extend, reconstruct,\nrenovate, rehabilitate or dispose of any project or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title and to fulfill the terms of any agreement made with or for\nthe benefit of the holders of the bonds or with any public corporation\nor person with reference to the bondholders, until the bonds, together\nwith the interest thereon, including interest on any unpaid installments\nof interest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with the bondholders.\n  * NB There are 2 § 1134's\n
N.Y. BNK Law § 6001 — New York Code / Act BNK / Article 15 / Title 6 / Section 6001
By-laws
Status: in_force

§ 6001. By-laws. 1. The initial by-laws of a corporation shall be\nadopted by its incorporators. Except as otherwise provided in the\norganization certificate under section six thousand thirteen, by-laws\nmay be amended, repealed or adopted by vote of the holders of the shares\nat the time entitled to vote in the election of any directors. When so\nprovided in the organization certificate, a by-law adopted by the\nstockholders or a by-law validly adopted prior to the effective date of\nthis article, by-laws may also be amended, repealed or adopted by the\nboard, but any by-law adopted by the board may be amended or repealed by\nthe stockholders entitled to vote thereon as herein provided. Any\nreference in this article to a "by-law adopted by the stockholders"\nshall include a by-law adopted by the incorporators.\n  2. If any by-law regulating an impending election of directors is\nadopted, amended or repealed by the board, there shall be set forth in\nthe notice of the next meeting of stockholders for the election of\ndirectors the by-law so adopted, amended or repealed, together with a\nconcise statement of the changes made.\n  3. The by-laws may contain any provision relating to the business of\nthe corporation, the conduct of its affairs, its rights or powers or the\nrights or powers of its stockholders, directors, committees or officers,\nnot inconsistent with this chapter or any other statute of this state or\nthe organization certificate.\n
N.Y. EDN Law § 4210 — New York Code / Act EDN / Title 6 / Article 85 / Section 4210
Aid for blind or deaf students
Status: in_force

§ 4210. Aid for blind or deaf students. 1. a. Whenever a blind or deaf\nperson, who is a citizen of this state and a student in actual\nattendance at a college, university, technical or professional school,\nincluding agriculture and technical institutes and state institutes of\napplied arts and sciences, located in this state and authorized by law\nto grant degrees, or licensed private career schools as defined in\narticle one hundred one of this title and located in this state, other\nthan an institution established for the regular instruction of the blind\nor deaf, shall be designated by the trustees thereof as a fit person to\nreceive the aid hereinafter provided for, there shall be paid by the\nstate for the use of such student a sum not to exceed four thousand\ndollars per annum, subject to terms and conditions prescribed by the\ncommissioner in regulations and within the limits of the appropriation\ntherefor, with which to provide such students with support to read,\nincluding the employment of persons to read to such student and/or the\npurchase of technology to assist the student in reading from text-books\nand pamphlets in his or her studies at such college, university or\nschool, or to aid such student, in receiving instruction in such\nstudies.\n  b. The trustees of any institution meeting the requirements of this\nsection shall submit reports in such form and at such times as\nprescribed by the commissioner identifying the number of students\neligible to receive aid pursuant to this subdivision and shall estimate\nthe funds needed to support such students as provided herein. The\ncommissioner shall advance twice during the school year to each such\ninstitution such estimated amounts within the limits of the annual\nappropriation provided therefore.\n  c. At the conclusion of the academic year for which such funds are\nprovided, each institution receiving funds pursuant to this subdivision\nshall submit to the commissioner a final accounting for the use of such\nfunds and any additional reporting requirements prescribed by the\ncommissioner in regulations and shall return any unspent funds.\n  2. Such moneys shall be paid annually, after the beginning of the\nschool year of such institution, by the commissioner of taxation and\nfinance on the warrant of the comptroller, to the treasurer of such\ninstitution, on his presenting an account showing the actual number of\nblind or deaf students matriculated and attending the institution, which\naccount shall be verified by the president of the institution and\naccompanied by his certificate that the trustees have recommended the\nstudents named in said account as hereinbefore provided.\n  3. The trustees of any of the said institutions shall recommend no\nblind or deaf person, who is not regularly matriculated, and who is not\nin good and regular standing, and who is not working for a degree from\nthe institution in which he or she is matriculated; and no blind or deaf\nperson shall be recommended, who is not doing the work regularly\nprescribed by the institution for the degree for which he or she is a\ncandidate. The moneys so paid to any such institution shall be disbursed\nfor the purposes aforesaid by and under the direction of its board of\ntrustees.\n  4. Funds appropriated in the two thousand seventeen--two thousand\neighteen academic year and thereafter for the purposes of this\ninitiative shall be allocated on a first-come, first serve basis based\non the order of applications received by the commissioner, in a\ntimeframe and manner prescribed by the commissioner in regulations.\n  5. Funds allocated pursuant to this section shall supplement not\nsupplant any aid provided and/or devices currently used by the college,\nuniversity, technical or professional school, including agriculture and\ntechnical institutes and state institutes of applied arts and sciences\nor licensed private career schools as defined in article one hundred one\nof this title, for the purposes of this section.\n
N.Y. PBA Law § 1122*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1122*2
Definitions
Status: in_force

* § 1122. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section eleven hundred\ntwenty-three of this title.\n  2. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  3. "Civil service commission" means the civil service commission of\nthe county of Dutchess.\n  4. "Comptroller" means the comptroller of the state.\n  5. "Construct", "construction" or "constructed" means the acquisition,\nerection, building, alteration, improvement, increase, enlargement,\nextension, reconstruction, renovation or rehabilitation of a water,\nsewerage or water and sewerage facility, as the case may be; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, fiscal and economic investigations and studies, surveys, designs,\nplans, working drawings, specifications, procedure and other actions\npreliminary or incidental thereto.\n  6. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real, personal and mixed and\nimproved and unimproved, the cost of the demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all water facilities, sewerage\nfacilities, water and sewerage facilities, machines, apparatus and\nequipment, financing charges and bond discount, interest prior to,\nduring and after construction to the extent not paid or provided for\nfrom revenues or other sources, the cost of engineering and\narchitectural surveys, plans and specifications, the cost of consultant\nand legal services, the cost of bond or lease guarantee, bond insurance\nor any other credit support device and the cost of other expenses\nnecessary or incidental to the construction of any project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the authority providing for the issuance of bonds\nto be paid into any reserve or other special funds from the proceeds of\nsuch bonds and the financing of the placing of any project in operation,\nincluding reimbursement to the county, or any municipality, state\nagency, the state, the United States government, or any other person for\nexpenditures that would be costs of the project hereunder had they been\nmade directly by the authority.\n  7. "County" means the county of Dutchess.\n  8. "County executive" means the county executive of the county, being\nthe chief executive officer of the county.\n  9. "County legislature" means the county legislature of the county.\n  10. "Distribution system" means the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  11. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n  12. "Municipality" means any county, city, town, village, or\nimprovement district under the town law, any other such instrumentality,\nincluding any agency, or public corporation of the state, or any of the\nforegoing or any combination thereof.\n  13. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  14. "Project" means any water, sewerage or water and sewerage\nfacility, as the case may be.\n  15. "Properties" means water, sewerage or water and sewerage facility\nor facilities, including the plants, works, structures,\ninstrumentalities or part thereof and appurtenances thereto, real\nproperty, or any other property incidental to and included in such\nfacility or facilities or part thereof, and any improvements, extensions\nand betterments.\n  16. "Real property" means lands, structures, franchise, rights and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  17. "Revenues" means all rates, fees, charges, payments and other\nincome and receipts derived from the operation of the properties of the\nauthority including, without limiting the generality of the foregoing,\ninvestment proceeds and proceeds of insurance, condemnation, and sale or\nother disposition of assets, together with all federal, state or\nmunicipal aid, if any.\n  18. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  19. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, treating and\ndisposing of sewage, including main, trunk, intercepting, connecting,\nlateral, outlet or other sewers, outfall, pumping stations, treatment\nand disposal plants, groundwater recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifiers, filters, phosphorus removal equipment, and other plants,\nstructures, equipment, vehicles, conveyances, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  20. "State" means the state of New York.\n  21. "State agency" means any state officer, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  22. "Supply facility" means a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  23. "Transmission facility" means a water facility used to carry water\nfrom a supply facility to a distribution system.\n  24. "Water facility" or "water facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, treating or distributing water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\naqueduct taps, standpipes, conduits, pipelines, mains, pumping stations,\npumps, water distribution systems, compensating reservoirs, intake\nstations, waterworks or sources of water supply, wells, purification or\nfiltration plants or other treatment plants and works, contract rights,\nfranchises, approaches, connections, permits, water meters, rights of\nflowage or diversion and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, treatment or distribution of water.\n  * NB There are 2 § 1122's\n
N.Y. SOS Law § 101-A — New York Code / Act SOS / Article 3 / Title 6 / Section 101-A
Proceedings to compel support by persons in need thereof
Status: in_force

§ 101-a.  Proceedings to compel support by persons in need thereof.  A\nrecipient of public assistance or care or a person liable to become in\nneed thereof may bring proceedings in a court of competent jurisdiction\nagainst any person responsible for his or her support as provided in\nsection one hundred one of this chapter to compel any such person so\nresponsible to provide for or contribute to such support.\n
N.Y. EDN Law § 4209 — New York Code / Act EDN / Title 6 / Article 85 / Section 4209
Blind and deaf children and blind and cerebral palsied children
Status: in_force

§ 4209. Blind and deaf children and blind and cerebral palsied\nchildren.  1. All children who are both blind and deaf or both blind and\ncerebral palsied shall be admitted as state pupils into one of the\ninstitutions described in this article for the instruction of the deaf\nor blind and under the same conditions of eligibility as are provided\nfor the admission of deaf or blind state pupils.\n  2. In the discretion of the commissioner of education a sum not to\nexceed a sum equal to double the average annual per capita cost for\npupils attending all of the schools which are subject to the provisions\nof section forty-two hundred one of this article  shall be available in\nthe manner provided in section forty-two hundred ten of this article to\naid a blind and deaf pupil in receiving instruction in an institution\nfor the instruction of the deaf or blind located outside the state in\norder to continue the education of such blind and deaf pupil for the\nterm of instruction provided in section forty-two hundred seven of this\narticle.\n
N.Y. LAB Law § 571 — New York Code / Act LAB / Article 18 / Title 6 / Section 571
Assessment of contributions due
Status: in_force

§ 571. Assessment of contributions due. If an employer fails to file a\nquarterly combined withholding, wage reporting and unemployment\ninsurance return as required by paragraph four of subsection (a) of\nsection six hundred seventy-four of the tax law for the purpose of\ndetermining the amount of contributions due or for the purpose of\ndetermining contribution rates under this article, or if such return\nwhen filed is incorrect or insufficient and the employer fails to file a\ncorrected or sufficient return within thirty days after the commissioner\nrequires the same by written notice, the commissioner shall determine\nthe amount of contribution due from such employer and the amount of\nwages paid by such employer on the basis of such information as may be\navailable and shall give written notice of such determination to the\nemployer. Such determination shall finally and irrevocably fix the\namount of contribution and the amount of wages paid for the purpose of\ncomputing contribution rates, unless the commissioner shall modify the\namounts thereof, as provided under this article, subject, however, to\nthe right to a hearing as hereinafter provided.\n
N.Y. EDN Law § 4358 — New York Code / Act EDN / Title 6 / Article 88 / Section 4358
Protection of pupils
Status: in_force

§ 4358. 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;\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 facility or program; 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  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 of the facility, 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 administrators, employees, volunteers,\nchildren and consultants.  Regulations and standards developed pursuant\nto this section shall, to the extent possible, be consistent with those\npromulgated by other state agencies for such purposes;\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  (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 such residential facility or program. Any plan of\nprevention and remediation required to be developed pursuant to this\nsubdivision by a facility supervised by the department shall be\nsubmitted to and approved by the department in accordance with time\nlimits established by regulations of the department. Implementation of\nthe plan shall be monitored by the department. In reviewing the\ncontinued qualifications of a residential facility or program for an\noperating certificate, the department shall evaluate such facility's\ncompliance with plans of prevention and remediation developed and\nimplemented pursuant to this subdivision.\n
N.Y. SOS Law § 424 — New York Code / Act SOS / Article 6 / Title 6 / Section 424
Duties of the child protective service concerning reports of abuse or maltreatment
Status: in_force

§ 424. Duties of the child protective service concerning reports of\nabuse or maltreatment. Each child protective service shall:\n  1. receive on a twenty-four hour, seven day a week basis all reports\nof suspected child abuse or maltreatment in accordance with this title,\nthe local plan for the provision of child protective services and the\nregulations of the commissioner;\n  2. maintain and keep up-to-date a local child abuse and maltreatment\nregister of all cases reported under this title together with any\nadditional information obtained and a record of the final disposition of\nthe report, including services offered and accepted;\n  3. upon the receipt of each written report made pursuant to this\ntitle, transmit, forthwith, a copy thereof to the state central register\nof child abuse and maltreatment. In addition, not later than seven days\nafter receipt of the initial report, the child protective service shall\nsend a preliminary written report of the initial investigation,\nincluding evaluation and actions taken or contemplated, to the state\ncentral register. Follow-up reports shall be made at regular intervals\nthereafter in a manner and form prescribed by the commissioner by\nregulation to the end that the state central register is kept fully\ninformed and up-to-date concerning the handling of reports;\n  4. give telephone notice and forward immediately a copy of reports\nmade pursuant to this title which involve the death of a child to the\nappropriate district attorney. In addition, telephone notice shall be\ngiven and a copy of any or all reports made pursuant to this title shall\nbe forwarded immediately by the child protective service to the\nappropriate district attorney if a prior request in writing for such\nnotice and copies has been made to the service by the district attorney.\nSuch request shall specify the kinds of allegations concerning which the\ndistrict attorney requires such notice and copies and shall provide a\ncopy of the relevant provisions of law;\n  5. forward an additional copy of each report to the appropriate duly\nincorporated society for the prevention of cruelty to children or other\nduly authorized child protective agency if a prior request for such\ncopies has been made to the service in writing by the society or agency;\n  5-a. give telephone notice and forward immediately a copy of reports\nmade pursuant to this title which involve suspected physical injury as\ndescribed in paragraph (i) of subdivision (e) of section ten hundred\ntwelve of the family court act or sexual abuse of a child or the death\nof a child to the appropriate local law enforcement. Investigations\nshall be conducted by an approved multidisciplinary investigative team,\nestablished pursuant to subdivision six of section four hundred\ntwenty-three of this title provided that in counties without a\nmultidisciplinary investigative team investigations shall be conducted\njointly by local child protective services and local law enforcement.\nProvided however, that co-reporting in these instances shall not be\nrequired when the local social services district has an approved\nprotocol on joint investigations of child abuse and maltreatment between\nthe local district and law enforcement. Such protocol shall be submitted\nto the office of children and family services for approval and the\noffice shall approve or disapprove of such protocols within thirty days\nof submission. Nothing in this subdivision shall prohibit local child\nprotective services from consulting with local law enforcement on any\nchild abuse or maltreatment report.\n  5-b. shall make an assessment in a timely manner of each report made\npursuant to this title which involves suspected maltreatment which\nalleges any physical harm when the report is made by a person required\nto report pursuant to section four hundred thirteen of this title within\nsix months of any other two reports that were indicated or may still be\npending involving the same child, sibling, or other children in the\nhousehold or the subject of the report to determine whether it is\nnecessary to give notice of the report to the appropriate local law\nenforcement entity. If the local child protective services determines\nthat local law enforcement shall be given notice, they shall give\ntelephone notice and immediately forward a copy of the reports to local\nlaw enforcement. If the report is shared with local law enforcement,\ninvestigations shall be conducted by an approved multidisciplinary\ninvestigative team, established pursuant to subdivision six of section\nfour hundred twenty-three of this title provided that in counties\nwithout a multidisciplinary investigative team investigations shall be\nconducted jointly by local child protective services and local law\nenforcement. Provided however, that co-reporting in these instances\nshall not be required when the local social services district has an\napproved protocol on joint investigations of child abuse and\nmaltreatment between the local district and law enforcement. Such\nprotocol shall be submitted to the office of children and family\nservices for approval and the office shall approve or disapprove of such\nprotocols within thirty days of submission. Nothing in this subdivision\nshall modify the requirements of this section. Nothing in this\nsubdivision shall prohibit local child protective services from\nconsulting with local law enforcement on any child abuse or maltreatment\nreport and nothing in this subdivision shall prohibit local child\nprotective services and local law enforcement or a multidisciplinary\nteam from agreeing to co-investigate any child abuse or maltreatment\nreport.\n  6. (a) upon receipt of such report, commence or cause the appropriate\nsociety for the prevention of cruelty to children to commence, within\ntwenty-four hours, an appropriate investigation which shall include an\nevaluation of the environment of the child named in the report and any\nother children in the same home and a determination of the risk to such\nchildren if they continue to remain in the existing home environment, as\nwell as a determination of the nature, extent and cause of any condition\nenumerated in such report and the name, age and condition of other\nchildren in the home, and, after seeing to the safety of the child or\nchildren, forthwith notify the subjects of the report and other persons\nnamed in the report in writing of the existence of the report and their\nrespective rights pursuant to this title in regard to amendment;\n  (b) ascertain whether the child named in the report or any other child\nin the same home is in the care, custody or guardianship of an\nauthorized agency. Where such authorized agency is not the social\nservices district in which the home is located, the report shall be\nforwarded as soon as possible to such authorized agency and any other\nsocial services district charged with the care, custody or guardianship\nof the child or other children in the home. Such authorized agency and\nlocal social services district shall also be notified as to whether such\nreport is indicated or unfounded in accordance with subdivision seven of\nthis section. Nothing in this subdivision shall require such social\nservices district to investigate or participate in the investigation of\nsuch report;\n  (c) subject to rules and regulations of the division of criminal\njustice services, a manager of the child protective services unit, or a\nperson with law enforcement background who is specifically designated by\nthe commissioner of the local social services district for this purpose,\nshall have access to conviction records maintained by state law\nenforcement agencies pertaining to persons of or over the age of\neighteen years who (1) are currently residing in the residence of any\nchild who is alleged to be or suspected of being abused, maltreated, or\nneglected or (2) are named in any report of suspected or alleged child\nabuse, maltreatment, or neglect; provided that nothing in this\nsubdivision shall be construed to contradict or modify section one\nthousand forty-six of the family court act. Any criminal history record\nprovided by the division of criminal justice services, and any summary\nof the criminal history record provided by the office of children and\nfamily services to the child protective services unit of a local social\nservices district pursuant to this subdivision, shall be kept\nconfidential and shall not be made available for public inspection.\nChild protective services units shall not indicate a report solely based\nupon the existence of a conviction record;\n  6-a. upon receipt of such report and commencement of the appropriate\ninvestigation, where the child protective service is not able to locate\nthe child or has been denied access to the home or denied access to the\nchild named in the report or to any children in the household, and where\nthe child protective investigator has cause to believe a child or\nchildren's life or health may be in danger immediately advise the parent\nor person legally responsible for the child's care or with whom the\nchild is residing that, when denied sufficient access to the child or\nother children in the home, the child protective investigator may\ncontact the family court to seek an immediate court order to gain access\nto the home and/or the child named in the report or any children in the\nhousehold without further notice and that while such request is being\nmade to such court, law enforcement may be contacted and if contacted\nshall respond and shall remain where the child or children are or are\nbelieved to be present;\n  6-b. should the parent or persons legally responsible for the child's\ncare or with whom the child is residing continue to deny access to the\nchild, children and/or home sufficient to allow the child protective\ninvestigator to determine their safety and if a child protective\ninvestigator seeks an immediate family court order to gain access to the\nchild, children and/or home, law enforcement may be contacted and if\ncontacted shall respond and shall remain where the child or children are\nor are believed to be present while the request is being made;\n  7. determine, within sixty days, whether the report is "indicated" or\n"unfounded";\n  * 7-a. where a determination is not made within sixty days, document\nin the record the reason or reasons the determination was not made\nwithin sixty days, and determine within thirty days thereafter whether\nthe report is "indicated" or "unfounded";\n  * NB Expired July 1, 1992\n  8. refer suspected cases of falsely reporting child abuse and\nmaltreatment in violation of subdivision four of section 240.50 of the\npenal law to the appropriate law enforcement agency or district\nattorney;\n  9. take a child into protective custody to protect him from further\nabuse or maltreatment when appropriate and in accordance with the\nprovisions of the family court act;\n  10. based on the investigation and evaluation conducted pursuant to\nthis title, offer to the family of any child believed to be suffering\nfrom abuse or maltreatment such services for its acceptance or refusal,\nas appear appropriate for either the child or the family or both;\nprovided, however, that prior to offering such services to a family,\nexplain that it has no legal authority to compel such family to receive\nsaid services, but may inform the family of the obligations and\nauthority of the child protective service to petition the family court\nfor a determination that a child is in need of care and protection;\n  11. in those cases in which an appropriate offer of service is refused\nand the child protective service determines or if the service for any\nother appropriate reason determines that the best interests of the child\nrequire family court or criminal court action, initiate the appropriate\nfamily court proceeding or make a referral to the appropriate district\nattorney, or both;\n  12. assist the family court or criminal court during all stages of the\ncourt proceeding in accordance with the purposes of this title and the\nfamily court act;\n  13. coordinate, provide or arrange for and monitor, as authorized by\nthe social services law, the family court act and by this title,\nrehabilitative services for children and their families on a voluntary\nbasis or under a final or intermediate order of the family court.\n  14. comply with provisions of sections ten hundred thirty-nine-a and\nten hundred fifty-two-a of the family court act.\n  The provisions of this section shall not apply to a child protective\nservice with respect to reports involving children in homes operated or\nsupervised by the office of children and family services, the office of\nmental health, or the office of people with developmental disabilities\nsubject to the provisions of section four hundred twenty-four-b of this\ntitle.\n
N.Y. SOS Law § 109 — New York Code / Act SOS / Article 3 / Title 6 / Section 109
Trust funds to be established
Status: in_force

§ 109.  Trust funds to be established.  A public welfare official\nshall deposit any funds received from the seizure of property or\ncollection of penalties for the support of a living person.  Such fund\nshall, as provided in section eighty-seven, be held and used upon such\nterms as the court shall direct for the benefit of such person.  If the\nbeneficiary of the fund is a minor, the court may require the public\nwelfare official to give security and to report.\n
N.Y. EDN Law § 4704 — New York Code / Act EDN / Title 6 / Article 95 / Section 4704
Powers and duties of board
Status: in_force

§ 4704. Powers and duties of board.  The board of managers of such\nschool shall be responsible for the operation and maintenance of the\nschool; employ a superintendent and such teachers and assistants as may\nbe required for the operation and maintenance of the school when\nauthorized so to do by the board of supervisors or other governing\nelective body of the county; fix the compensation of such\nsuperintendent, teachers and assistants within the amount made available\ntherefor by the said board or body; prescribe rules and regulations for\nthe management of the school and for the purpose of carrying into effect\nthe object thereof; provide for the detention, maintenance and\ninstruction of all children who are admitted to the school.\n
N.Y. BNK Law § 6015 — New York Code / Act BNK / Article 15 / Title 6 / Section 6015
Written consent of stockholders, subscribers or incorporators without a meeting
Status: in_force

§ 6015. Written consent of stockholders, subscribers or incorporators\nwithout a meeting. 1. Whenever under this chapter stockholders are\nrequired or permitted to take any action by vote, such action may be\ntaken without a meeting on written consent, setting forth the action so\ntaken, signed by the holders of all outstanding shares entitled to vote\nthereon. This subdivision shall not be construed to alter or modify the\nprovisions of any section or any provision in an organization\ncertificate not inconsistent with this chapter under which the written\nconsent of the holders of less than all outstanding shares is sufficient\nfor corporate action.\n  2. Written consent thus given by the holders of all outstanding shares\nentitled to vote shall have the same effect as a unanimous vote of\nstockholders and any certificate with respect to the authorization or\ntaking of any such action which is to be delivered to the superintendent\nshall recite that the authorization was by unanimous written consent.\n  3. When there are no stockholders of record, such action may be taken\non the written consent signed by a majority in interest of the\nsubscribers for shares whose subscriptions have been accepted or their\nsuccessors in interest or, if no subscription has been accepted, on the\nwritten consent signed by a majority of the incorporators. If any\nincorporator dies or is for any reason unable to act, the other or\nothers may act. If there is no incorporator able to act, any person for\nwhom an incorporator was acting as agent may act in his stead, or if\nsuch other person also dies or is for any reason unable to act, his\nlegal representative may act.\n
N.Y. BNK Law § 6009 — New York Code / Act BNK / Article 15 / Title 6 / Section 6009
Proxies
Status: in_force

§ 6009. Proxies. 1. Every stockholder entitled to vote at a meeting of\nstockholders or to express consent or dissent without a meeting may\nauthorize another person or persons to act for him by proxy.\n  2. Every proxy must be signed by the stockholder or his\nattorney-in-fact. No proxy shall be valid after the expiration of eleven\nmonths from the date thereof unless otherwise provided in the proxy.\nEvery proxy shall be revocable at the pleasure of the stockholder\nexecuting it, except as otherwise provided in this section.\n  3. The authority of the holder of a proxy to act shall not be revoked\nby the incompetence or death of the stockholder who executed the proxy\nunless, before the authority is exercised, written notice of an\nadjudication of such incompetence or of such death is received by the\ncorporate officer responsible for maintaining the list of stockholders.\n  4. Except when other provision shall have been made by written\nagreement between the parties, the record holder of shares which are\nheld by a pledgee as security or which belong to another, upon demand\ntherefor and payment of necessary expenses thereof, shall issue to the\npledgor or to such owner of such shares a proxy to vote or take other\naction thereon.\n  5. A stockholder shall not sell his vote or issue a proxy to vote to\nany person for any sum of money or anything of value, except as\nauthorized in this section and section six thousand twenty.\n  6. A proxy which is entitled "irrevocable proxy" and which states that\nit is irrevocable, is irrevocable when it is held by any of the\nfollowing or a nominee of any of the following:\n  (a) A pledgee;\n  (b) A person who has purchased or agreed to purchase the shares.\n  7. Notwithstanding a provision in a proxy, stating that it is\nirrevocable, the proxy becomes revocable after the pledge is redeemed.\nThis paragraph does not affect the duration of a proxy under subdivision\ntwo.\n  8. A proxy may be revoked, notwithstanding a provision making it\nirrevocable, by a purchaser of shares without knowledge of the existence\nof the provision unless the existence of the proxy and its\nirrevocability is noted conspicuously on the face or back of the\ncertificate representing such shares.\n  9. No director, officer, clerk, teller or bookkeeper of a corporation\nshall act as proxy at any meeting of such corporation.\n
N.Y. PBA Law § 1134*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1134*2
Exemption from taxes, assessments and certain fees
Status: in_force

* § 1134. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes, special ad valorem levies or special\nassessments upon any properties owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities, or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf; provided, however, that any real\nproperty acquired by the authority outside of the county shall be exempt\nfrom real property taxes, ad valorem levies and special assessments only\npursuant to and to the extent provided by an agreement with the\ngoverning body of the municipality in which such real property is\nlocated. Notwithstanding the foregoing, the authority may enter into an\nagreement with any municipality in which real property of the authority\nis located or is to be located, to pay a sum or sums, annually or\notherwise, or to provide other consideration to such municipality with\nrespect to such real property.\n  2. Any bonds issued pursuant to this title, together with the income\ntherefrom, shall be exempt from taxation. The revenues, moneys and other\nproperties and activities of the authority, shall be exempt from all\ntaxes and governmental fees or charges, whether imposed by the state or\nany municipality, including real estate taxes, franchise taxes, sales\ntaxes or other excise taxes. Any real property owned by the authority\noutside the county shall be subject to the provisions of subdivision one\nof this section. The state hereby covenants with the purchasers and with\nall subsequent holders and transferees of bonds issued by the authority\npursuant to this title that the interest thereon shall be exempt from\ntaxation. The state further covenants with the holder of such bonds that\nall revenues, moneys and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for real\nproperty taxes on real property owned by the authority outside the\ncounty. For purposes of this subdivision, the phrase "exempt from\ntaxation" means exempt from direct taxation in conformity with\nestablished judicial interpretation of the tax exempt status of the\nobligations of the state and its agencies, entities, authorities and\npolitical subdivisions and thus, the meaning of such phrase is in\nconformity with the legislative intent expressed by section twenty-two\nof chapter one hundred sixty-six of the laws of nineteen hundred\nninety-one regarding the tax exempt status of obligations of the state\nand its agencies.\n  * NB There are 2 § 1134's\n
N.Y. PBA Law § 1122 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1122
Definitions
Status: in_force

* § 1122. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section eleven hundred\ntwenty-four of this title.\n  2. "Board" means the members of the authority constituting and acting\nas the governing board of the authority.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  4. "Civil service commission" shall mean the personnel officer of the\ncounty of Saratoga or any other person or entity acting as the civil\nservice commission of the county of Saratoga.\n  5. "Comptroller" means the comptroller of the state of New York.\n  6. "Construction" means the negotiation, acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation, interconnection, or rehabilitation of a\nwater, sewerage or water and sewerage system, as the case may be; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, appraisal, fiscal, economic and environmental investigations,\nservices, studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions preliminary or incidental\nthereto.\n  7. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, real,\npersonal and mixed, and improved and unimproved, the cost of\ndemolishing, removing or relocating any buildings or structures on lands\nso acquired, including the cost of acquiring any lands to which such\nbuildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultant and legal services, the cost of lease guarantee or\nbond insurance and the cost of other expenses necessary or incidental to\nthe construction of such project and the financing of the construction\nthereof including the amount authorized in the resolution of the\nauthority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to the town, or any municipality, state agency, the state,\nthe United States government, or any other person for expenditures that\nwould be costs of the project hereunder had they been made directly by\nthe authority.\n  8. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis not a transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  9. "District" means the town of Wilton water and sewer district\ncreated by section eleven hundred twenty-three of this title.\n  10. "Governing body" means:\n  (a) In the case of a city, county, town or village or district\ncorporation, the finance board as such term is defined in the local\nfinance law; or\n  (b) In the case of a public benefit corporation, the members thereof.\n  11. "Municipality" means any county, city, town, village, improvement\ndistrict under the town law, any other such instrumentality, including\nany agency or public corporation of the state, or any of the foregoing\nor any combination thereof.\n  12. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  13. "Project" means any water, sewerage and water and sewerage\nfacility.\n  14. "Properties" means the water system or systems of the authority,\nwhether situated within or without the territorial limits of the\ndistrict, including the plants, works, structures, instrumentalities or\npart thereof and appurtenances thereto, real property, water facilities,\nsewerage facilities or any other property incidental to and included in\nsuch system or systems or part thereof, and any improvements, extensions\nand betterments.\n  15. "Real property" means lands, structures, franchises, rights and\ninterests in lands, waters, lands underwater, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fee simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  16. "Revenues" means all rates, rents, fees, charges, payments and\nother income and receipts derived from the operation of the properties\nof the authority including, without limiting the generality of the\nforegoing, investment proceeds and proceeds of insurance, condemnation,\nand sales or other dispositions of assets, together with all federal,\nstate or municipal aid.\n  17. "Sewerage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other wastes also\nshall be considered "sewage" within the meaning of this title.\n  18. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, conveying,\npumping, treating, neutralizing, storing and disposing of sewerage,\nincluding but not limited to main, truck, intercepting, connecting,\nlateral, outlet or other sewers, outfalls, pumping stations, treatment\nand disposal plants, groundwater recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifies, filters, phosphorus removal equipment and other plants,\nworks, structures, equipment, vehicles, conveyances, contract rights,\nfranchises, approaches, connections, permits, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  19. "State" shall mean the state of New York.\n  20. "State agency" means any state office, public benefit corporation,\ndepartment, board, commission, bureau or division, or other agency or\ninstrumentality of the state.\n  21. "State sanitary code" means the regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  22. "Supply facility" means a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  23. "Town" means the town of Wilton.\n  24. "Town board" means the town board of the town.\n  25. "Town supervisor" means the town supervisor of the town.\n  26. "Transmission facility" means a water facility used to carry water\nfrom a supply facility to a distribution system.\n  27. "Treasurer" means the treasurer of the authority.\n  28. "Water facility" or "water facilities" means any plants, works,\ninstrumentalities, structures and other real and personal property\nacquired, rehabilitated or constructed or planned for the purpose of\naccumulating, supplying, transmitting, heating or distributing water,\nincluding but not limited to surface or groundwater reservoirs, basins,\ndams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping\nstations, pumps, water distribution systems, compensating reservoirs,\nintake stations, waterworks or sources of water supply, wells,\npurification or filtration plants or other treatment plants and works,\ncontract rights, franchises, approaches, connections, permits, water\nmeters, rights of flowage or diversion and other plants, structures,\nequipment, vehicles, conveyances, real or personal property or rights\ntherein and appurtenances thereto necessary or useful and convenient for\nthe accumulation, supply, transmission, treatment or distribution of\nwater.\n  29. "Watershed rules" means the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n  * NB There are 2 § 1122's\n
N.Y. PBA Law § 1115-B — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-B
Albany municipal water finance authority
Status: in_force

§ 1115-b. Albany municipal water finance authority. 1. A public\ncorporation, to be known as the "Albany municipal water finance\nauthority," is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation.\n  2. The authority shall consist of seven members, five of whom shall be\nresidents of the city and be appointed by the mayor and two of whom\nshall be appointed by the governor from a list of names submitted by the\nmayor. Of the appointments made by the governor, one shall be a public\nmember for a term ending on the thirty-first day of December of the\nthird year in which this title shall have become a law and one shall be\na public member for a term ending on the thirty-first day of December of\nthe fourth year in which this title shall have become a law. The first\nmembers appointed by the mayor shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nsecond year following the year in which this title shall have become a\nlaw, two for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become a law, and two\nfor a term ending on December thirty-first of the fourth year following\nthe year in which this title shall have become a law. Subsequent\nappointments of members shall be made for a term of three years ending\nin each case on December thirty-first of the last year of such term. Any\nmember appointed by the mayor or the governor who is not an employee of\nthe city of Albany shall be deemed a public member. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies shall be filled in the manner provided for original\nappointments. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncity. Each public member shall be entitled to a salary of five thousand\ndollars per annum. No member shall receive any reimbursement for the\nordinary expenses of attending meetings, but may by resolution of the\nauthority be allowed their expenses of a special or extraordinary\nnature. The powers of the authority shall be vested in and be exercised\nby the governing body at a meeting duly called and held where a quorum\nof four members are present. No action shall be taken except pursuant to\nthe favorable vote of at least three members. The governing body may\ndelegate to one or more of its members, officers, agents or employees\nsuch powers and duties as it may deem proper.\n  3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. Such\nofficers shall be appointed by the governing body and shall serve in\nsuch capacities at the pleasure of the governing body. In addition to\nthe secretary, the governing body may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority, and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The treasurer\nshall execute a bond, conditioned upon the faithful performance of the\nduties of his office, the amount and sufficiency of which shall be\napproved by the governing body and the premium therefor shall be paid by\nthe authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, the city, any other municipality, or any public\nbenefit corporation, shall be deemed to have forfeited or shall forfeit\nhis or her office or employment or any benefits provided under the\nretirement and social security law by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the authority,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n  5. (a) The mayor shall file on or before March thirty-first of the\nyear following the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the mayor\nsetting forth: (1) the name of the authority; (2) the names of the\nmembers appointed by the mayor and their terms of office; and (3) the\neffective date of this title. If such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved.\n  (b) The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the city unless otherwise provided\nin an agreement between the city and the authority, and except as\notherwise may be specified in such law.\n  6. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the city and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  7. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. EDN Law § 4814 — New York Code / Act EDN / Title 6 / Article 97 / Section 4814
Report of superintendent
Status: in_force

§ 4814. Report of superintendent.  The superintendent of the school\nshall report annually to the mayor in accordance with the provisions of\nsection twenty-three of the second-class cities law.  Such report shall\nbe countersigned by a majority of the board of managers.  The mayor\nshall have power to inspect the school at any time, and may appoint a\ncommittee of citizens who shall have power to inspect such school and\nfor such purpose may enter upon the lands and into the buildings of such\nschool at all reasonable times.\n
N.Y. SOS Law § 101 — New York Code / Act SOS / Article 3 / Title 6 / Section 101
Liability of relatives to support
Status: in_force

§ 101.  Liability of relatives to support. 1.  Except as otherwise\nprovided by law, the spouse or parent of a recipient of public\nassistance or care or of a person liable to become in need thereof\nshall, if of sufficient ability, be responsible for the support of such\nperson, provided that a parent shall be responsible only for the support\nof a child under the age of twenty-one years.  Step-parents shall in\nlike manner be responsible for the support of step-children under the\nage of twenty-one years. Nothing herein shall impose any liability upon\na person to support the adopted child of his or her spouse if such child\nwas adopted after the adopting spouse is living separate and apart from\nthe non-adopting spouse pursuant to a legally recognizable separation\nagreement or decree under the domestic relations law.  Such liability\nshall not be imposed for so long as the spouses remain separate and\napart after the adoption.\n  2.  The liability imposed by this section shall be for the benefit of\nthe public welfare district concerned or any legally incorporated\nnon-profit institution which receives payments from any governmental\nagency for the care of medically indigent persons, and such liability\nmay be enforced by appropriate proceedings and actions in a court of\ncompetent jurisdiction.  Such proceedings and actions may be brought by\nsuch an institution in any court wherein a similar proceeding or action\ncould be brought by a public welfare official.\n  3. The expiration of any period of time for the payment of maintenance\nby a court in a matrimonial action shall not be a bar to the enforcement\nof the liability imposed by this section.\n
N.Y. EDN Law § 4703 — New York Code / Act EDN / Title 6 / Article 95 / Section 4703
Board of managers
Status: in_force

§ 4703. Board of managers.  The board of managers of such school shall\nconsist of not less than five members and shall be composed of all the\ncity, village and district superintendents of schools of the county in\nwhich it is located, in addition to such other members as may be\nnecessary to make a total membership of such board of not less than\nfive.  Such additional members of the board shall be appointed by the\nboard of supervisors or other governing elective body from the resident\ntaxpayers of the county, who shall serve for terms of four years\ncommencing on the first day of January succeeding their appointment.\nSuch terms shall be so arranged that the terms of no two of the members\nso appointed shall expire in the same year, and for this purpose the\nterms of the members first appointed hereunder shall be as follows:  In\ncase one member shall be appointed, the term shall be four years, in\ncase two members shall be appointed, the terms shall be four and two\nyears, respectively, in case three members shall be appointed, the terms\nshall be four, three and two years, and in case four members shall be\nappointed, the terms shall be four, three, two and one year,\nrespectively, which terms shall commence on the first day of January\nsucceeding their appointment, and their successors shall be appointed\nfor full terms of four years as above provided.  Appointments to fill\nvacancies shall be for the unexpired portion of the terms.  The members\nof the board shall serve without compensation.  They shall receive their\nnecessary expenses incurred in the performance of their duties.  The\namount of such expenses shall be charged against the county and shall be\npaid in the same manner as other county charges.  The board shall\norganize by the election of one of its members as chairman and another\nas secretary.\n
N.Y. EDN Law § 4410-A — New York Code / Act EDN / Title 6 / Article 89 / Section 4410-A
Responsibility for certain temporary-resident preschool children with disabilities
Status: in_force

§ 4410-a. Responsibility for certain temporary-resident preschool\nchildren with disabilities. 1. Definitions. For the purpose of this\nsection, the following definitions shall apply:\n  a. "Foster care child" shall mean a child placed in foster care by a\nsocial services district.\n  b. "Homeless child" shall mean a homeless child as defined in\nparagraph a of subdivision one of section thirty-two hundred nine of\nthis chapter.\n  c. "Municipality" shall mean a county outside the city of New York or\nthe city, in the case of a county in the city of New York.\n  d. "Municipality of current location" shall mean a municipality in\nwhich a child lives which is different from the municipality in which a\nchild or such child's family lived at the time a social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n  e. "Municipality of residence" shall mean the municipality in which a\nchild or such child's family lived at the time the local social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n  f. "Preschool child with a disability" shall mean a child eligible for\nservices pursuant to section forty-four hundred ten of this chapter.\n  g. "School district of current location" shall mean a school district\nin which a child lives which is different from the school district in\nwhich a child or such child's family lived at the time a social services\ndistrict assumed responsibility for the placement of such child or\nfamily, or at the time such child was admitted for care and/or treatment\nin a facility licensed or operated by another state agency.\n  h. "Child in residential care" shall mean a child residing in a\nfacility licensed or operated by another state agency as defined by\nsection 1.03 of the mental hygiene law or by section two of the public\nhealth law.\n  2. School district evaluation and placement responsibility. The school\ndistrict of current location of a foster care or homeless child or child\nin residential care shall be responsible for the evaluation and\nplacement procedures prescribed for a preschool child suspected of\nhaving a disability pursuant to section forty-four hundred ten of this\nchapter. In issuing its written notice of determination of services, the\nboard of education of such school district shall identify the\nmunicipality of residence of a preschool child with a disability who is\na foster care or homeless child or child in residential care. Such\nnotice of determination shall be transmitted to both the municipality of\nresidence and the municipality of current location.\n  3. Contract and payment responsibility. The municipality of current\nlocation shall be the municipality of record for a preschool child with\na disability who is a foster care or homeless child or child in\nresidential care for the purposes of section forty-four hundred ten of\nthis chapter provided, however, that, notwithstanding the provision of\nparagraph b of subdivision eleven of such section, the state shall\nreimburse one hundred percent of the approved costs paid by such\nmunicipality which shall be offset by the local contribution due\npursuant to subdivision four of this section.\n  4. Local contribution. The municipality of residence shall be\nfinancially responsible for the local contribution which shall equal\nthat portion of the approved costs of services to a foster care or\nhomeless child or child in residential care with a disability which\nwould not be reimbursed pursuant to the schedule set out in paragraph b\nof subdivision eleven of section forty-four hundred ten of this chapter.\nThe commissioner shall certify to the comptroller the amount of the\nlocal contribution owed by each municipality to the state. The\ncomptroller shall deduct the amount of such local contribution first\nfrom any moneys due the municipality pursuant to such section and then\nfrom any other moneys due or to become due such municipality.\n
N.Y. VAT Law § 602 — New York Code / Act VAT / Title 6 / Article 22 / Section 602
Arrest for violations of sections six hundred and six hundred one
Status: in_force

§ 602. Arrest for violations of sections six hundred and six hundred\none.  A peace officer, acting pursuant to his special duties, or a\npolice officer may, without a warrant, arrest a person, in case of\nviolation of section six hundred and section six hundred one, which in\nfact have been committed, though not in his presence, when he has\nreasonable cause to believe that the violation was committed by such\nperson.\n
N.Y. PBH Law § 2592 — New York Code / Act PBH / Article 25 / Title 6 / Section 2592
Rules and regulations
Status: in_force

* § 2592. Rules and regulations.  The commissioner of health may adopt\nrules and regulations to implement the emergency nutrition aid program.\n  * NB Expired March 31, 1986\n
N.Y. PBA Law § 1729 — New York Code / Act PBA / Article 8 / Title 6 / Section 1729
Transfer of property
Status: in_force

§ 1729. Transfer of property. 1. The city board and the city, acting\nby the mayor alone or by resolution of the council, may convey or\ntransfer to the authority, with or without consideration and without any\nfurther authorization, any real, personal or mixed property (including\ninalienable property of the city, except for land mapped as parks), or\nany interest therein, in order to assist the authority in implementing a\nfive-year educational facilities capital plan.\n  2. In the event the authority wishes to obtain city property for use\nas an educational facility pursuant to an approved five-year educational\nfacilities capital plan, the authority shall request such property in\nwriting and shall submit such request directly to the mayor. The mayor\nshall have thirty days to respond to such request. If the request is\ndenied, the mayor shall set forth in writing the reasons for such\ndenial, including whether the city intends to use such property for\nother public uses. Such response shall be made available to the public\nupon request. If the mayor fails to respond to such request, the\nauthority may, at the expiration of the thirty-day period, condemn such\nproperty pursuant to its powers under subdivision six of section\nseventeen hundred twenty-eight of this title.\n
N.Y. PML Law § 1352 — New York Code / Act PML / Article 13 / Title 6 / Section 1352
Commercial gaming revenue fund
Status: in_force

§ 1352. Commercial gaming revenue fund. 1. (a) The commission shall\npay into an account, to be known as the commercial gaming revenue fund\nas established pursuant to section ninety-seven-nnnn of the state\nfinance law, under the joint custody of the comptroller and the\ncommissioner of taxation and finance, all taxes and fees imposed by this\narticle paid by a gaming facility licensed under title two of this\narticle or title two-A of this article located within zone two; any\ninterest and penalties imposed by the commission relating to those\ntaxes; the appropriate percentage of the value of expired gaming related\nobligations; all penalties levied and collected by the commission; and\nthe appropriate funds, cash or prizes forfeited from gambling activity.\n  (b) For any gaming facility that does not qualify under subdivision\ntwo of section thirteen hundred twenty-one-a of this article, is\nlicensed under title two-A of this article, and is located within New\nYork City, revenues shall be distributed in the following manner:\n  (i) fifty percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those taxes\nshall be deposited to a sole custody fund established under the gaming\ncommission, and paid monthly, without appropriation, directly to the\nmetropolitan transportation authority commercial gaming revenue fund\nestablished under section one thousand two hundred seventy-j of the\npublic authorities law; and\n  (ii) fifty percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those taxes\nshall be deposited into the commercial gaming revenue fund established\nunder section ninety-seven-nnnn of the state finance law by the\ncommission and shall be appropriated or transferred only for elementary\nand secondary education or real property tax relief.\n  (c) For any gaming facility that does not qualify under subdivision\ntwo of section thirteen hundred twenty-one-a of this article, is\nlicensed under title two-A of this article, and located within zone one\nbut not located within New York City, revenues shall be distributed in\nthe following manner:\n  (i) forty percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those taxes\nshall be deposited to a sole custody fund established under the gaming\ncommission, and paid monthly, without appropriation, directly to the\nmetropolitan transportation authority commercial gaming revenue fund\nestablished under section one thousand two hundred seventy-j of the\npublic authorities law;\n  (ii) forty percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those taxes\nshall be deposited into the commercial gaming revenue fund established\nunder section ninety-seven-nnnn of the state finance law by the\ncommission and shall be appropriated or transferred only for elementary\nand secondary education or real property tax relief from the commercial\ngaming revenue fund;\n  (iii) five percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those\ntaxes, shall be deposited into the commercial gaming revenue fund\nestablished under section ninety-seven-nnnn of the state finance law by\nthe commission and shall be allocated to the host county for the purpose\nof real property tax relief or for education assistance;\n  (iv) ten percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those taxes\nshall be deposited into the commercial gaming revenue fund established\nunder section ninety-seven-nnnn of the state finance law by the\ncommission and shall be allocated to the host municipality for the\npurpose of real property tax relief or education assistance; and\n  (v) five percent of the taxes imposed by this article, and any\ninterest and penalties imposed by the commission relating to those\ntaxes, shall be deposited into the commercial gaming revenue fund\nestablished under section ninety-seven-nnnn of the state finance law by\nthe commission and shall be allocated among counties within the region,\nas defined by section one thousand three hundred ten of this article,\nfor the purpose of real property tax relief or education assistance.\nSuch distribution from the commercial gaming revenue fund established\nunder section ninety-seven-nnnn of the state finance law shall be made\namong the counties on a per capita basis, subtracting the population of\nhost municipality and county.\n  (d) For any gaming facility that qualifies under subdivision two of\nsection thirteen hundred twenty-one-a of this article, is licensed under\ntitle two-A of this article, and is located within zone one but not\nlocated within New York City, revenues shall be distributed in the\nfollowing manner:\n  (i) Eighty percent of all deposits in a state fiscal year resulting\nfrom taxes imposed by this article, and any interest and penalties\nimposed by the commission relating to those taxes shall be directed to\nthe commercial gaming revenue fund until the total of such deposits for\nthe state fiscal year is equal to the education aid hold harmless\namount.  The education aid hold harmless amount shall be equal to the\ngreater of (A) the revenue received from the facility for education aid\ndeposits into the state lottery fund as a video lottery gaming licensee\npursuant to section sixteen hundred seventeen-a of the tax law for the\ntwelve months immediately preceding the date on which such facility\nbegan operations as a commercial casino pursuant to title two-A of this\narticle, or (B) the revenue received from the facility for education aid\ndeposits into the state lottery fund as a video lottery gaming licensee\npursuant to section sixteen hundred seventeen-a of the tax law for state\nfiscal year two thousand twenty-two. For the first fiscal year of gaming\nfacility operations, the hold harmless amount shall reflect a pro-rata\namount based on the opening date of the gaming facility. Notwithstanding\nsection ninety-seven-nnnn of the state finance law, such deposits into\nthe commercial gaming revenue fund shall be available exclusively for\nelementary and secondary education. Should these deposits resulting from\ntaxes imposed pursuant to subdivision one-a of section thirteen hundred\nfifty-one of this article on the operations of a qualifying gaming\nfacility at the conclusion of a given state fiscal year be less than the\ntotal required under this paragraph, such gaming facility shall remit\nthe necessary payment accounting for the difference to the commission\nfor deposit into the commercial gaming revenue fund no later than the\nnext occurring May first.\n  (ii) Twenty percent of all deposits in a state fiscal year resulting\nfrom taxes imposed by this article, and any interest and penalties\nimposed by the commission relating to those taxes, shall be distributed\nin the same manner as subparagraphs (iii), (iv), and (v) of paragraph\n(c) of this subdivision.\n  (iii) Once the deposits from a qualifying gaming facility as\nprescribed in subparagraph (i) of this paragraph exceed the education\naid hold harmless amount as determined in subparagraph (i) of this\nparagraph in a given state fiscal year, eighty percent of all subsequent\ndeposits in such state fiscal year from taxes imposed by this article,\nand any interest and penalties imposed by the commission relating to\nthose taxes shall be deposited to a sole custody fund established under\nthe gaming commission, and paid monthly, without appropriation, directly\nto the metropolitan transportation authority commercial gaming revenue\nfund established under section one thousand two hundred seventy-j of the\npublic authorities law and the remaining twenty percent shall continue\nto be distributed in the same manner as subparagraphs (iii), (iv), and\n(v) of paragraph (c) of this subdivision; provided however, that once\nthe dollar amount paid directly to the metropolitan transportation\nauthority commercial gaming revenue fund established under section one\nthousand two hundred seventy-j of the public authorities law matches the\nsame dollar amount paid pursuant to the education aid hold harmless\namount as determined in subparagraph (i) of this paragraph in a given\nstate fiscal year, twenty percent of any excess dollar amounts shall be\ndistributed in the same manner as subparagraphs (iii), (iv), and (v) of\nparagraph (c) of this subdivision, forty percent of any excess dollar\namounts shall be deposited to a sole custody fund established under the\ngaming commission, and paid monthly, without appropriation, directly to\nthe metropolitan transportation authority commercial gaming revenue fund\nestablished under section one thousand two hundred seventy-j of the\npublic authorities law, and forty percent of any excess dollar amounts\nshall be deposited by the commission into the commercial gaming revenue\nfund established under section ninety-seven-nnnn of the state finance\nlaw for the sole purposes of education aid.\n  * (e) For any gaming facility that qualifies under subdivision two of\nsection thirteen hundred twenty-one-a of this article, is licensed under\ntitle two-A of this article, and is located within New York City, upon\nreceiving tax payments from such gaming facility, the commission shall\nestimate and may forward from such receipts such amount due to maintain\nracing support payments pursuant to section thirteen hundred fifty-five\nof this title and remaining tax revenues shall be distributed in the\nfollowing manner:\n  (i) Eighty percent of all remaining deposits in a state fiscal year\nresulting from taxes imposed by this article, and any interest and\npenalties imposed by the commission relating to those taxes, shall be\ndeposited in the same manner as in subparagraph (i) of paragraph (d) of\nthis subdivision. For the first fiscal year of gaming facility\noperations, the hold harmless amount shall reflect a pro-rata amount\nbased on the opening date of the gaming facility.\n  (ii) Twenty percent of all remaining deposits in a state fiscal year\nresulting from taxes imposed by this article, and any interest and\npenalties imposed by the commission relating to those taxes, shall be\ndeposited to a sole custody fund established under the gaming\ncommission, and paid monthly, without appropriation, directly to the\nmetropolitan transportation authority commercial gaming revenue fund\nestablished under section one thousand two hundred seventy-j of the\npublic authorities law until the applicable education aid hold harmless\namount as prescribed in subparagraph (i) of paragraph (d) of this\nsubdivision has been met.\n  (iii) Once the remaining deposits from a qualifying gaming facility as\nprescribed in subparagraph (i) of this paragraph exceed the education\naid hold harmless amount as determined in subparagraph (i) of paragraph\n(d) of this subdivision in a given state fiscal year, all subsequent\nremaining deposits in such state fiscal year from taxes imposed by this\narticle, and any interest and penalties imposed by the commission\nrelating to those taxes, shall be deposited to a sole custody fund\nestablished under the gaming commission, and paid monthly, without\nappropriation, directly to the metropolitan transportation authority\ncommercial gaming revenue fund established under section one thousand\ntwo hundred seventy-j of the public authorities law; provided however,\nthat once the dollar amount paid directly to the metropolitan\ntransportation authority commercial gaming revenue fund established\nunder section one thousand two hundred seventy-j of the public\nauthorities law matches the same dollar amount paid pursuant to the\neducation aid hold harmless amount as determined in subparagraph (i) of\nparagraph (d) of this subdivision in a given state fiscal year, fifty\npercent of any excess dollar amounts shall be deposited to a sole\ncustody fund established under the gaming commission, and paid monthly,\nwithout appropriation, directly to the metropolitan transportation\nauthority commercial gaming revenue fund established under section one\nthousand two hundred seventy-j of the public authorities law, and fifty\npercent of any excess dollar amounts shall be deposited by the\ncommission into the commercial gaming revenue fund established under\nsection ninety-seven-nnnn of the state finance law for the sole purposes\nof education aid.\n  * NB Effective until June 5, 2027\n  * (e) For any gaming facility that qualifies under subdivision two of\nsection thirteen hundred twenty-one-a of this article, is licensed under\ntitle two-A of this article, and is located within New York City,\nrevenues shall be distributed in the following manner:\n  (i) Eighty percent of all deposits in a state fiscal year resulting\nfrom taxes imposed by this article, and any interest and penalties\nimposed by the commission relating to those taxes, shall be deposited in\nthe same manner as in subparagraph (i) of paragraph (d) of this\nsubdivision. For the first fiscal year of gaming facility operations,\nthe hold harmless amount shall reflect a pro-rata amount based on the\nopening date of the gaming facility.\n  (ii) Twenty percent of all deposits in a state fiscal year resulting\nfrom taxes imposed by this article, and any interest and penalties\nimposed by the commission relating to those taxes, shall be deposited to\na sole custody fund established under the gaming commission, and paid\nmonthly, without appropriation, directly to the metropolitan\ntransportation authority commercial gaming revenue fund established\nunder section one thousand two hundred seventy-j of the public\nauthorities law until the applicable education aid hold harmless amount\nas prescribed in subparagraph (i) of paragraph (d) of this subdivision\nhas been met.\n  (iii) Once the deposits from a qualifying gaming facility as\nprescribed in subparagraph (i) of this paragraph exceed the education\naid hold harmless amount as determined in subparagraph (i) of paragraph\n(d) of this subdivision in a given state fiscal year, all subsequent\ndeposits in such state fiscal year from taxes imposed by this article,\nand any interest and penalties imposed by the commission relating to\nthose taxes, shall be deposited to a sole custody fund established under\nthe gaming commission, and paid monthly, without appropriation, directly\nto the metropolitan transportation authority commercial gaming revenue\nfund established under section one thousand two hundred seventy-j of the\npublic authorities law; provided however, that once the dollar amount\npaid directly to the metropolitan transportation authority commercial\ngaming revenue fund established under section one thousand two hundred\nseventy-j of the public authorities law matches the same dollar amount\npaid pursuant to the education aid hold harmless amount as determined in\nsubparagraph (i) of paragraph (d) of this subdivision in a given state\nfiscal year, fifty percent of any excess dollar amounts shall be\ndeposited to a sole custody fund established under the gaming\ncommission, and paid monthly, without appropriation, directly to the\nmetropolitan transportation authority commercial gaming revenue fund\nestablished under section one thousand two hundred seventy-j of the\npublic authorities law, and fifty percent of any excess dollar amounts\nshall be deposited by the commission into the commercial gaming revenue\nfund established under section ninety-seven-nnnn of the state finance\nlaw for the sole purposes of education aid.\n  * NB Effective June 5, 2027\n  (f) For a municipality that was appropriated video lottery terminal\naid in the year two thousand twenty-three pursuant to section\nfifty-four-l of the state finance law, the gaming facility licensed\nunder title two-A of this article that was previously authorized to\noperate video lottery gaming pursuant to section one thousand six\nhundred seventeen-a of the tax law must hold the municipality harmless\nso that the host municipality does not receive less money in any state\nfiscal year under the provisions of subparagraph (ii) of paragraph (d)\nof this subdivision than such host municipality received in annual video\nlottery terminal aid in the year two thousand twenty-three. The\nprovisions of this paragraph shall apply as of the first full state\nfiscal year in which video lottery terminal aid is not received by the\nmunicipality and gaming facility operations have commenced.\n  2. The commission shall require at least monthly deposits by the\nlicensee of any payments pursuant to section one thousand three hundred\nfifty-one of this article, at such times, under such conditions, and in\nsuch depositories as shall be prescribed by the state comptroller. The\ndeposits shall be deposited to the credit of the commercial gaming\nrevenue fund as established by section ninety-seven-nnnn of the state\nfinance law or to the metropolitan transportation authority commercial\ngaming revenue fund established under section one thousand two hundred\nseventy-j of the public authorities law, according to the requirements\nof subdivision one of this section. The commission may require a monthly\nreport and reconciliation statement to be filed with it on or before the\ntenth day of each month, with respect to gross revenues and deposits\nreceived and made, respectively, during the preceding month.\n
N.Y. PBA Law § 1149-T — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-T
Limited liability
Status: in_force

§ 1149-t. Limited liability. Neither the members of the authority, nor\nany municipality, officer or employee acting in its behalf, while acting\nwithin the scope of their authority, shall be subject to any personal\nliability resulting from the construction, maintenance or operation of\nany of the properties of the authority or from carrying out any of the\npowers expressly given in this title; provided, however, that this\nsection shall not be held to apply to any independent contractor.\n
N.Y. SOS Law § 419 — New York Code / Act SOS / Article 6 / Title 6 / Section 419
Immunity from liability
Status: in_force

§ 419. Immunity from liability.  Any person, official, or institution\nparticipating in good faith in the providing of a service pursuant to\nsection four hundred twenty-four of this title, the making of a report,\nthe taking of photographs, the removal or keeping of a child pursuant to\nthis title, or the disclosure of child protective services information\nin compliance with sections twenty, four hundred twenty-two and four\nhundred twenty-two-a of this chapter shall have immunity from any\nliability, civil or criminal, that might otherwise result by reason of\nsuch actions. For the purpose of any proceeding, civil or criminal, the\ngood faith of any such person, official, or institution required to\nreport cases of child abuse or maltreatment or providing a service\npursuant to section four hundred twenty-four or the disclosure of child\nprotective services information in compliance with sections twenty, four\nhundred twenty-two and four hundred twenty-two-a of this chapter shall\nbe presumed, provided such person, official or institution was acting in\ndischarge of their duties and within the scope of their employment, and\nthat such liability did not result from the willful misconduct or gross\nnegligence of such person, official or institution.\n
N.Y. SOS Law § 111-N — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-N
Review and cost of living adjustment of support orders
Status: in_force

§ 111-n. Review and cost of living adjustment of support orders. 1.\nOrders subject to review. In accordance with the timeframes set forth in\nsubdivision three of this section, the support collection unit shall\nconduct a review for adjustment purposes of:\n  (a) all orders of support being enforced pursuant to this title on\nbehalf of persons in receipt of family assistance; and\n  (b) those orders of support being enforced pursuant to this title on\nbehalf of persons not in receipt of family assistance, for which a\nrequest for a cost of living adjustment review has been received from\neither party to the order.\n  2. Definitions. For purposes of this section, the following\ndefinitions shall be used:\n  (a) "Adjusted child support obligation amount" shall mean the sum of\nthe cost of living adjustment and the support obligation amount\ncontained in the order under review.\n  (b) "Adjusted order" shall mean an order issued by the support\ncollection unit reflecting a change to the obligation amount of the most\nrecently issued order of support made on behalf of a child in receipt of\nfamily assistance or child support enforcement services pursuant to\nsection one hundred eleven-g of this title.\n  (c) "Cost of living adjustment" shall mean the amount by which the\nsupport obligation is changed as the result of a review, and shall be\ndetermined based upon annual average changes to the consumer price index\nfor all urban consumers (CPI-U), as published by the United States\ndepartment of labor bureau of labor statistics, for the years preceding\nthe year of the review, as follows:\n  (1) Identify the CPI-U "percent change from the previous annual\naverage" for each year preceding the year of the review, beginning with\nand including the later of the year in which the most recent order was\nissued or nineteen hundred ninety-four, and calculate the sum of the\npercentages for those years.\n  (2) Where the sum as calculated pursuant to subparagraph one of this\nparagraph equals or exceeds ten percent, multiply the support obligation\nin the order under review by such percentage. The product is the cost of\nliving adjustment.\n  (d) "Order" shall mean an original, modified, or adjusted order of\nsupport; or, after a hearing in response to objections to a cost of\nliving adjustment as set forth in an adjusted order of support, the\norder of support reflecting the application of the child support\nstandards pursuant to section two hundred forty of the domestic\nrelations law or section four hundred thirteen of the family court act,\nor an order of no adjustment.\n  (e) "Review" shall mean the calculation of the cost of living\nadjustment and the adjusted child support obligation amount by the\nsupport collection unit for the most recently issued order of support\nmade on behalf of a child in receipt of family assistance, or child\nsupport enforcement services pursuant to section one hundred eleven-g of\nthis title.\n  3. Timeframes. The review of support orders for cost of living\nadjustment purposes shall be conducted by the support collection unit in\naccordance with the following timeframes:\n  (a) For all orders of support on behalf of persons in receipt of\nfamily assistance, a review shall be conducted during the second\ncalendar year following the year in which the order was issued, or the\ncurrent year, whichever is later. Any cost of living adjustment\nresulting from a review shall be effective sixty days following the date\nof the adjusted order, or twenty-four months after the date of the order\nunder review, whichever is later.\n  (b) For all orders of support on behalf of persons not in receipt of\nfamily assistance, a review shall be conducted during the second\ncalendar year following the year in which the order was issued, or the\ncurrent year, whichever is later; provided, however, that no such review\nshall occur unless a request for such review has been received from a\nparty to the order. Any cost of living adjustment resulting from a\nreview shall be effective sixty days following the date of the adjusted\norder, or twenty-four months after the date of the order under review,\nwhichever is later.\n  4. Adjustment process. (a) A cost of living adjustment shall be made\nby the support collection unit with respect to each order of support\nunder review, if the sum of the annual average changes of the consumer\nprice index for all urban consumers (CPI-U), as published by the United\nStates department of labor bureau of labor statistics, is ten percent or\ngreater. The child support obligation amount, as increased by the cost\nof living adjustment calculated during the review, shall be rounded to\nthe nearest dollar. In the event that the sum of the annual average\nchanges of the CPI-U is less than ten percent, no cost of living\nadjustment shall occur.\n  (b) Upon the conclusion of the adjustment review, the support\ncollection unit shall issue and send an adjusted order by first class\nmail to the parties. The cost of living adjustment and the adjusted\nchild support obligation amount as calculated by the review shall be\nreflected in the adjusted order. The child support obligation amount\ncontained in the adjusted order shall be due and owing on the date the\nfirst payment is due under the terms of the order of support which was\nreviewed and adjusted occurring on or after the effective date of the\nadjusted order.\n  (c) The support collection unit shall provide a copy of the adjusted\norder to the court which issued the most recent order of support, which\nshall append it to the order.\n  5. Objections. (a) Where there is an objection to a cost of living\nadjustment, either party or the support collection unit shall have\nthirty-five days from the date of mailing of the adjusted order by the\nsupport collection unit to submit to the court identified thereon\nwritten objections, requesting a hearing on the adjustment of the order\nof support.\n  (b) If objections are submitted timely to the court, the cost of\nliving adjustment shall not take effect, and a hearing shall be\nscheduled by the court. The hearing shall be conducted and a\ndetermination made by the court pursuant to section two hundred forty-c\nof the domestic relations law or section four hundred thirteen-a of the\nfamily court act.\n  (c) Where no objection has been timely raised to a cost of living\nadjustment as reflected in an adjusted order, such adjusted order shall\nbecome final without further review by the court or any judge or support\nmagistrate thereof.\n  6. Adjusted order - form. The adjusted order shall contain the\nfollowing information:\n  (a) the caption of the order of support subject to the review, the\ndate of such order, and the court in which it was entered;\n  (b) the identification, telephone number, and address of the support\ncollection unit which conducted the review;\n  (c) the cost of living adjustment and the adjusted child support\nobligation amount as calculated during the review of the order, and a\nstatement that such amount shall be due and owing on the date the first\npayment is due under the term of the order of support which was reviewed\nand adjusted, occurring on or after the effective date of the adjusted\norder;\n  (d) the definition of cost of living adjustment;\n  (e) a statement that the child support obligation amount, as increased\nby the cost of living adjustment, has been rounded to the nearest\ndollar;\n  (f) a statement that all other provisions of the order of support\nwhich was reviewed and adjusted remain in full force and effect;\n  (g) a statement that the application of a cost of living adjustment in\nno way limits, restricts, expands, or impairs the rights of any party to\nfile for a modification of a child support order as otherwise provided\nby law;\n  (h) a statement that where either party objects to the cost of living\nadjustment, the party has the right to be heard by the court and to\npresent evidence to the court which the court will consider in adjusting\nthe child support order in compliance with section four hundred thirteen\nof the family court act or section two hundred forty of the domestic\nrelations law, known as the child support standards act; provided,\nhowever, that written objections are filed with the court within\nthirty-five days from the date the adjusted order was mailed by the\nsupport collection unit; that when filing objections the objecting party\nshould attach a copy of the adjusted order, if available; and\n  (i) a statement that where any party fails to provide, and update upon\nany change, the support collection unit with a current address to which\nan adjusted order can be sent, the support obligation amount contained\ntherein shall become due and owing on the date the first payment is due\nunder the order of support which was reviewed and adjusted occurring on\nor after the effective date of the adjusted order, regardless of whether\nor not the party has received a copy of the adjusted order.\n  7. Notice of right to review. On or after the first day of January,\nnineteen hundred ninety-eight, any order of support twenty-four or more\nmonths old which was issued on behalf of a child in receipt of family\nassistance or child support enforcement services pursuant to section one\nhundred eleven-g of this title, is eligible for a cost of living\nadjustment every two years. The support collection unit shall notify the\nparties to the order of their right to make a written request to the\nsupport collection unit for a cost of living adjustment of such support\norder. Such notice shall contain the amount of the cost of living\nadjustment, the amount of the adjusted child support obligation, the\napplicable CPI-U used in the calculation of that amount, the address and\ntelephone number of the support collection unit where assistance can be\nobtained in commencing an adjustment review, and other information\ndeemed necessary and relevant by the department, and shall be sent to\nthe parties by first class mail at their last known address, and shall\ncontain a reply form and envelope with postage pre-paid. The support\ncollection unit shall provide the notice described herein not less than\nonce every two years.\n
N.Y. EDN Law § 4801 — New York Code / Act EDN / Title 6 / Article 97 / Section 4801
Establishment of home schools
Status: in_force

§ 4801. Establishment of home schools.  The common council of any city\nhaving a population of over seventy thousand but less than two hundred\nfifty thousand inhabitants may adopt a resolution by a majority vote\nestablishing a home school for the purpose of giving instruction in the\ntrades, industrial, agricultural and homemaking subjects in addition to\ninstruction in public school subjects to children of the city and other\nchildren not more than eighteen years nor less than eight years of age\nwho may be admitted thereto as hereinafter provided.  Such school shall\nbe known as the Home School of.................(Name of city\nestablishing school).\n
N.Y. PBA Law § 3633 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3633
Bonds or notes of the corporation
Status: in_force

§ 3633. Bonds or notes of the corporation. 1. The corporation shall\nhave the power and is hereby authorized, from time to time, to issue\nbonds, notes, or other obligations to pay the cost of any project or for\nany other corporate purpose, including the establishment of reserves to\nsecure the bonds, the payment of principal of, premium, if any, and\ninterest on the bonds and the payment of incidental expenses in\nconnection therewith. The corporation shall have the power and is hereby\nauthorized to enter into such agreements and perform such acts as may be\nrequired under any applicable federal legislation to secure a federal\nguarantee or other subsidy with respect to any bonds.\n  2. The corporation shall have the power, from time to time, to renew\nbonds or to issue renewal bonds for such purpose, to issue bonds to pay\nbonds, and, whenever it deems refunding expedient, to refund any bond by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds, partly to refund bonds then\noutstanding and partly for any other corporate purpose of the\ncorporation. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption, or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the corporation may be general obligations secured\nby the faith and credit of the corporation or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the corporation under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The corporation may also enter into loan\nagreements, lines of credit, and other security agreements and obtain\nfor or on its behalf letters of credit, insurance, guarantees, or other\ncredit enhancements, to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the corporation is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the corporation, be\nin such denominations and bear such date or dates and mature at such\ntime or times, as such resolution may provide; provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe corporation issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe corporation, which shall state the terms of the sale. The terms of\nthe sale may not change unless notice of such change is published in\nsuch newspaper at least one day prior to the date of the sale as set\nforth in the original notice of sale. Advertisements shall contain a\nprovision to the effect that the corporation, in its discretion, may\nreject any or all bids made pursuant to such advertisements, and, in the\nevent of such rejection, the corporation is authorized to negotiate a\nprivate or public sale or readvertise for bids in the form and manner\ndescribed in this paragraph as many times as, in its judgment, may be\nnecessary to effect satisfactory sale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the corporation the interests\nof the corporation will be served thereby, the directors of the\ncorporation, on the written recommendation of the chairperson, may\nauthorize the sale of such bonds at private or public sale on a\nnegotiated basis, or on either a competitive or negotiated basis. The\ncorporation shall set guidelines governing the terms and conditions of\nany such private or public sales.  The private or public bond sale\nguidelines set by the corporation shall include, but not be limited to,\na requirement that where the interests of the corporation will be served\nby a private or public sale of bonds, the corporation shall select\nunderwriters for each private or public bond sale conducted pursuant to\na request for proposal process undertaken from time to time and\nconsideration of proposals from qualified underwriters as determined by\nthe corporation.\n  (d) The corporation shall have the power, from time to time, to amend\nsuch private bond sale guidelines in accordance with the provisions of\nthis subdivision.\n  (e) In addition to the authority to sell notes at private sale\ncontained in this section, the corporation may sell its notes at private\nnegotiated sale to the county. The county is hereby authorized to\ntemporarily invest county funds in such notes; provided that such notes\nmature at or before the time the county expects to expend such funds for\nthe purposes for which such funds were raised.\n  (f) No private or public bond sale on a negotiated basis shall be\nconducted by the corporation without prior approval of the state\ncomptroller. The corporation shall annually prepare and approve a bond\nsale report, which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the corporation is\nrequired to make.\n  (g) The corporation shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (h) The corporation shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (i) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the corporation may contain provisions which may be a part of\nthe contract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, together with any other\nmonies or property of the corporation, to secure the payment of the\nbonds, or any costs of issuance thereof, including, but not limited to,\nany contracts, earnings, or proceeds of any grant to the corporation\nreceived from any private or public source, subject to such agreements\nwith bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees, and other charges to be fixed and\ncollected by the corporation and the amount to be raised in each year\nand the use and disposition of revenues;\n  (e) limitations on the right of the corporation to restrict and\nregulate the use of the project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured, and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent to any such amendments or abrogations,\nand the manner in which such consent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed, or\nindenture securing the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers,\nand duties in trust as the corporation may determine, which may include\nany or all of the rights, powers, and duties of the trustees appointed\nby the bondholders pursuant to this title or limiting the rights,\nduties, and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the corporation to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including, as a matter of right,\nappointment of a receiver; provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the corporation to sell or otherwise\ndispose of any project or any part of such project or other property;\n  (m) limitations on the amount of revenues and other monies to be\nexpended on operating, administrative, or other expenses of the\ncorporation;\n  (n) the payment of the proceeds of bonds, revenues, and other monies\nto a trustee or other depository, and for the method of disbursement of\nsuch payments with such safeguards and restrictions as the corporation\nmay determine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers conferred in this title upon the\ncorporation to secure its bonds, the corporation shall have the power in\nconnection with the issuance of bonds to adopt resolutions and enter\ninto such trust indentures, agreements, or other instruments as the\ncorporation may deem necessary, convenient, or desirable concerning the\nuse or disposition of its revenues or other monies or property,\nincluding the mortgaging of any property and the entrusting, pledging,\nor creation of any other security interest in any such revenues, monies,\nor property, and the doing of any act, including refraining from the\ndoing of any act, which the corporation would have the right to do in\nthe absence of such resolutions, trust indentures, agreements, or other\ninstruments. The corporation shall have power to enter into amendments\nof any such resolutions, trust indentures, agreements, or other\ninstruments within the powers granted to the corporation by this title\nand to perform such resolutions, trust indentures, agreements, or other\ninstruments. The provisions of any such resolutions, trust indentures,\nagreements, or other instruments may be made a part of the contract with\nthe holders of bonds of the corporation.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles, or other\npersonal property made or created by the corporation shall be valid,\nbinding, and perfected from the time when such pledge is made or other\nsecurity interest attaches, without any physical delivery of the\ncollateral or further act, and the lien of any such pledge or other\nsecurity interest shall be valid, binding, and perfected against all\nparties having claims of any kind in tort, contract, or otherwise\nagainst the corporation irrespective of whether or not such parties have\nnotice of such pledge or security interest. No instrument by which such\na pledge or security interest is created nor any financing statement\nneed be recorded or filed.\n  8. Whether or not the bonds of the corporation are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the directors nor the non-voting representatives nor the\nofficers of the corporation nor any person executing its bonds shall be\nliable personally on its bonds or be subject to any personal liability\nor accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\ncorporation shall have power out of any funds available therefor to\npurchase bonds of the corporation, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The corporation shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time, but the maximum maturity of any such notes, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original notes.\n
N.Y. LFN Law § 82.00 — New York Code / Act LFN / Article 2 / Title 6 / Section 82.00
Twenty day period of limitation
Status: in_force

§ 82.00 Twenty day period of limitation. After the publication of a\nresolution, summary of such resolution or certificate together with such\na notice, the validity of the obligations authorized thereby may be\ncontested only if:\n  1. Such obligations were authorized for an object or purpose for which\nthe municipality, school district or district corporation is not\nauthorized to expend money, or\n  2. The provisions of law which should have been complied with at the\ndate of the publication of such resolution, summary of such resolution\nor certificate were not substantially complied with, and an action, suit\nor proceeding contesting such validity is commenced within twenty days\nafter such publication, or\n  3. Such obligations were authorized in violation of the provisions of\nthe constitution.\n
N.Y. EDN Law § 4356 — New York Code / Act EDN / Title 6 / Article 88 / Section 4356
Applications for admission
Status: in_force

§ 4356.  Applications for admission.  Applications for admission shall\nbe made to the department in such manner as shall be prescribed by the\ndepartment and shall be accompanied by such evidence of legal residence\nand other information as the department may require.\n
N.Y. BNK Law § 6021 — New York Code / Act BNK / Article 15 / Title 6 / Section 6021
Preemptive rights
Status: in_force

§ 6021. Preemptive rights. 1. As used in this section, the term:\n  (a) "Unlimited dividend rights" means the right without limitation as\nto amount either to all or to a share of the balance of current or\nliquidating dividends after the payment of dividends on any shares\nentitled to a preference.\n  (b) "Equity shares" means shares of any class, whether or not\npreferred as to dividends or assets, which have unlimited dividend\nrights.\n  (c) "Voting rights" means the right to vote for the election of one or\nmore directors, excluding a right so to vote which is dependent on the\nhappening of an event specified in the organization certificate which\nwould change the voting rights of any class of shares.\n  (d) "Voting shares" means shares of any class which have voting\nrights.\n  (e) "Preemptive right" means the right to purchase shares or other\nsecurities to be issued, as such right is defined in this section.\n  (f) "New shares or securities" means new equity shares of any class or\nany shares or other securities convertible into equity shares of any\nclass.\n  2. The preemptive rights provided for in subdivision three of this\nsection shall not apply to new shares or securities of any corporation\nwhose organization certificate is approved on or after the effective\ndate of this subdivision, unless expressly provided for in the\norganization certificate of such corporation, which may incorporate by\nreference the preemptive rights set forth in this section, or further\nmodify such preemptive rights.\n  3. Except as otherwise provided in the organization certificate, and\nexcept as provided in this section, in case of the proposed issuance by\nthe corporation of new shares or securities:\n  (a) if the issuance of the new shares or securities would adversely\naffect the unlimited dividend rights of the holders of existing equity\nshares of any class, such holders shall have the right during a\nreasonable time and on reasonable conditions, both to be fixed by the\nboard, to purchase such new shares or securities in such proportions as\nshall be determined as provided in this section; and\n  (b) if such new shares or securities are voting shares of any class\nand the issuance of the new shares or securities would adversely affect\nthe voting rights of the holders of existing shares of any class, such\nholders shall have the right during a reasonable time and on reasonable\nconditions, both to be fixed by the board, to purchase such new shares\nor other securities in such proportions as shall be determined as\nprovided in this section.\n  4. The preemptive right provided for in subdivision three of this\nsection shall entitle stockholders having such rights to purchase the\nshares or other securities to be offered for sale as nearly as\npracticable in such proportions as would, if such preemptive right were\nexercised, preserve the relative unlimited dividend rights and voting\nrights of such holders and at a price or prices not less favorable than\nthe price or prices at which such shares or other securities are\nproposed to be offered for sale to others, without deduction of such\nreasonable expenses of and compensation for the sale, underwriting or\npurchase of such shares or other securities by underwriters or dealers\nas may lawfully be paid by the corporation. In case each of the shares\nentitling the holders thereof to preemptive rights does not confer the\nsame unlimited dividend right or voting right, the board shall apportion\nthe shares or other securities to be offered for sale among the\nstockholders having preemptive rights to purchase them in such\nproportions as in the opinion of the board shall preserve as far as\npracticable the relative unlimited dividend rights and voting rights of\nthe holders at the time of such offering. The apportionment made by the\nboard shall, in the absence of fraud or bad faith, be binding upon all\nstockholders.\n  5. Unless otherwise provided in the organization certificate, shares\nor other securities offered for sale shall not be subject to preemptive\nrights under subdivisions two and three of this section if they:\n  (a) Are to be issued by the board to effect a merger or offered for\nconsideration other than cash;\n  (b) Are to be issued or subjected to options under section one hundred\nforty-a of this chapter;\n  (c) Are to be issued to satisfy conversion rights theretofore granted\nby the corporation;\n  (d) Are treasury shares; or\n  (e) Are part of the shares or other securities of the corporation\nauthorized in its original organization certificate and are issued, sold\nor optioned within two years from the date of filing such certificate.\n  6. Stockholders of record entitled to preemptive rights on the record\ndate fixed by the board under section six thousand four, or, if no\nrecord date is fixed, then on the record date determined under section\nsix thousand four, and no others shall be entitled to the right defined\nin this section.\n  7. The board shall cause to be given to each stockholder entitled to\npurchase shares or other securities in accordance with this section, a\nnotice directed to him in the manner provided in section six thousand\nfive setting forth the time within which and the terms and conditions\nupon which the stockholder may purchase such shares or other securities\nand also the apportionment made of the right to purchase among the\nstockholders entitled to preemptive rights. Such notice shall be given\npersonally or by mail at least fifteen days prior to the expiration of\nthe period during which the stockholder shall have the right to\npurchase. All stockholders entitled to preemptive rights to whom notice\nshall have been given as aforesaid shall be deemed conclusively to have\nhad a reasonable time in which to exercise their preemptive rights.\n  8. Shares or other securities which have been offered to stockholders\nhaving preemptive rights to purchase and which have not been purchased\nby them within the time fixed by the board may thereafter, for a period\nof not exceeding one year following the expiration of the time during\nwhich stockholders might have exercised such preemptive rights, be\nissued or sold to any other person or persons at a price, without\ndeduction of such reasonable expenses of and compensation for the sale,\nunderwriting or purchase of such shares by underwriters or dealers as\nmay lawfully be paid by the corporation, not less than that at which\nthey were offered to such stockholders. Any such shares or other\nsecurities not so issued or sold to others during such one year period\nshall thereafter again be subject to the preemptive rights of\nstockholders.\n  9. Except as otherwise provided in the organization certificate and\nexcept as provided in this section, no holder of any shares of any class\nshall as such holder have any preemptive right to purchase any other\nshares or securities of any class which at any time may be sold or\noffered for sale by the corporation.\n
N.Y. PBA Law § 3631 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3631
Special powers of the corporation
Status: in_force

§ 3631. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following\nadditional powers, except as limited by this title, the public health\nlaw, the mental hygiene law, the social services law, the education law,\nthe civil practice law and rules, and any other applicable law or\nregulation:\n  1. To operate, manage, superintend, and control any health facility\nunder its jurisdiction and to repair, maintain, and otherwise keep up\nany such health facility, and to establish, collect, and adjust fees,\nrentals, and other charges for the sale, lease, or sublease of any such\nhealth facility or real property, subject to the terms and conditions of\nany contract, lease, sublease, or other agreement with the county;\n  2. To provide health and medical services for the public, directly or\nby agreement or lease with any person, firm, partnership, limited\nliability company, or private or public corporation or association\nthrough or in the health facilities of the corporation or otherwise, and\nto make internal policies governing admissions and health and medical\nservices; and to establish, collect, and adjust fees and other charges\nfor the provision of such health and medical services; and to provide\nand maintain training programs for resident physicians, post-graduate\nclinical fellows, graduate students, other allied health professionals\nand intern medical services; and to sponsor and conduct research,\neducational, and training programs;\n  3. To provide uncompensated care to persons in need of health care\nservices without the ability to pay;\n  4. To provide, maintain, and operate a medical transport service;\nprovided, however, that nothing in this section shall prohibit the\ncorporation from adopting a schedule of charges for medical transport;\n  5. To participate in managed care networks, fee-for-service, and other\njoint and cooperative arrangements for the provision of general\ncomprehensive and specialty health care services, directly or through\ncontract with other service providers or entities;\n  6. To establish subsidiary corporations or other entities in\naccordance with subdivision nine of this section:\n  (a) to meet the demands of health care delivery changes; and\n  (b) to market, manufacture, or develop products or services developed\nby the corporation's clinical and research activities;\n  7. To enter into contracts, leases, subleases, and other agreements\nfor the purpose of affiliating with a medical college or colleges,\nincluding the state university of New York, in conjunction with the\ncorporation's health facilities, which agreements may provide for the\nmanagement, operation, and staffing of health facilities, the\nreconstruction, renovation, or addition to health facilities; the\nprovision of necessary facilities, utilities, and services; and such\nother conditions or features necessary and proper for such purpose and\nfor the public health and general welfare;\n  8. To determine the conditions under which a physician may be extended\nthe privilege of practicing within a health facility under the\njurisdiction of the corporation, to promulgate reasonable internal\npolicies for the conduct of all persons, physicians, and allied health\npractitioners within such facility, and to appoint and grant privileges\nto qualified and competent clinical practitioners; and\n  9. (a) Except as provided in this subdivision or as expressly limited\nby any applicable state law or regulation, to exercise and perform all\nor part of its purposes, powers, duties, functions, or activities\nthrough one or more subsidiary corporations or companies owned or\ncontrolled wholly or in part by the corporation, which shall be formed\npursuant to the business corporation law, the limited liability company\nlaw, or the not-for-profit corporation law, in each case subject to all\nthe limitations provided in this title.\n  (b) Any such subsidiary may be authorized to act as a general or\nlimited partner in a partnership or as a member of a limited liability\ncompany and to enter into an arrangement calling for an initial and\nsubsequent payment by such subsidiary in consideration of an interest in\nrevenues or other contractual rights.\n  (c) No subsidiary of the corporation shall own, operate, manage, or\ncontrol the existing acute inpatient and outpatient facilities and\nservices in operation as part of the Erie County Medical Center\nhealthcare network on the effective date of this title.\n  (d) An entity shall be deemed a subsidiary corporation or company\nwhenever and so long as: (i) more than half of any voting shares of such\nsubsidiary are owned or held by the corporation or (ii) a majority of\nthe directors, trustees, or members of such subsidiary are designees of\nthe corporation.\n  10. As set forth in section thirty-six hundred twenty-six of this\ntitle, the creation and operation of the Erie County Medical Center\nCorporation is in all respects for the benefit of the people of the\nstate of New York and of the county of Erie and is a state, county, and\npublic purpose. The exercise by such corporation of the functions,\npowers, and duties provided in this title constitutes the performance of\nan essential public and governmental function. The corporation has\nadvised that it intends to continue engaging in certain collaborative\nactivities with, and limited to, the other parties to the Great Lakes\nHealth, Inc.  Restated Binding Agreement of 2012 and the University at\nBuffalo of the State University of New York for the purpose of promoting\nimproved quality of and access to health care services and improved\nclinical outcomes, consisting of: (a) development of a non-exclusive\njoint health information technology platform; (b) joint marketing of\nhealth care services; (c) joint purchasing of services, supplies and\nequipment related to the provision of health care services; (d)\ndevelopment of a joint set of clinical quality standards; (e)\ncoordination and integration of clinical services to reduce redundancy\nand increase efficiency; (f) joint management of graduate medical\neducation and academic affiliations; and (g) joint discussions with\nrural hospitals regarding the possibility of coordinating and\nintegrating clinical services. To promote improved quality of and access\nto health care services and improved clinical outcomes, and consistent\nwith the corporation's furtherance of its health care purposes through\nthe exercise of the special powers exercised pursuant to this section\nand the general powers exercised pursuant to this title, it is the\npolicy of the state to supplant competition for the purpose of\nimmunizing the planning and implementation of the enumerated activities\nby the corporation in collaboration with any one of the aforementioned\nentities from liability under the federal and state antitrust laws, to\nthe extent that such collaborative activities are reflected in\nagreements executed by two or more of the aforementioned entities during\nsuch time as the Great Lakes Health, Inc. Restated Binding Agreement of\n2012 remains in effect; provided, however, that nothing in this\nsubdivision shall be construed to extend such declaration of policy to\nany activities other than those specifically enumerated and described\nherein, which remain subject to any and all applicable state and federal\nantitrust laws.\n
N.Y. PBA Law § 1738 — New York Code / Act PBA / Article 8 / Title 6 / Section 1738
Retirement of employees
Status: in_force

§ 1738. Retirement of employees. 1. Employees of the authority shall\nbe eligible to join the board of education retirement system as\nestablished in section twenty-five hundred seventy-five of the education\nlaw and pursuant to the usual rules of that system, provided that a new\nemployee who upon appointment by or transfer to the authority is a\nmember of the New York city employees retirement system may remain a\nmember of the New York city employees retirement system if, within\nninety days of the effective date of the transfer to or appointment by\nthe authority, the employee exercises an election to do so. Furthermore,\nthe retirement rights of employees of the city board employed on the\neffective date of this title shall not be impaired by reason of the\nenactment of this title into law.\n  2. a. Notwithstanding the provisions of any other general or local\nlaw, administrative code or ordinance to the contrary, any employee of\nthe authority who was suspended on or after December first, two thousand\ntwo because of economy measures taken by the authority, and who returned\nto such service prior to January eighth, two thousand eight, shall be\ndeemed to have been in continuous service in determining length of\nservice for retirement purposes; provided, however, that for retirement\npurposes, a member receiving such service credit shall pay the\nadditional member contributions prescribed by paragraph b of this\nsubdivision. Notwithstanding any other provision of law to the contrary,\na person who otherwise meets the requirements of this paragraph for\nobtaining retirement service credit for such period of suspension, and\nwho, after returning to such service from such period of suspension,\nretired for service or disability from a position with the authority\nprior to the effective date of this subdivision, may obtain retirement\nservice credit for such period of suspension by (i) filing with the\nretirement system an application to purchase such retirement service\ncredit within one hundred twenty days after the effective date of this\nsubdivision, and (ii) paying to the retirement system the amount\nrequired by paragraph b of this subdivision within one year after the\neffective date of this subdivision.\n  b. In addition to the regular member contributions that may be payable\nfor his or her current service, such member shall pay by deductions from\nhis or her compensation the following additional member contributions:\n  (i) all regular member contributions which such member would have been\nrequired to pay to the retirement system for such period of suspension\nif he or she had been in service during such period of suspension; and\n  (ii) if such member is a participant in a special plan, the additional\nmember contributions attributable to participation in such special plan\nwhich he or she would have been required to pay to the retirement system\nfor such period of suspension if he or she had been in service during\nsuch period of suspension; and\n  (iii) an amount equivalent to the additional costs to the employer of\nproviding retirement service credit to such member for such period of\nsuspension, as determined by the actuary for the retirement system.\n  c. The deductions for the additional member contributions referred to\nin paragraph b of this subdivision shall be made in accordance with such\nequitable method and over such equitable period of time as shall be\nprescribed by the executive director of the member's retirement system\nwith the approval of the board of trustees.\n  d. The additional member contributions referred to in subparagraph (i)\nof paragraph b of this subdivision shall be paid into the account\nestablished by the retirement system for the deposit and accumulation of\nsuch member's regular member contributions. The additional member\ncontributions referred to in subparagraph (ii) of paragraph b of this\nsubdivision shall be paid into the contingent reserve fund of such\nretirement system and shall be subject to the provisions of law which\ngovern additional member contributions in the special plan in which such\nmember is a participant. The additional member contributions referred to\nin subparagraph (iii) of paragraph b of this subdivision shall be paid\ninto the contingent reserve fund of such retirement system and shall not\nbe subject to any retirement system right or privilege of such member,\nunless such right or privilege is granted by other provisions of law\nwhich specifically refer to additional member contributions made\npursuant to subparagraph (iii) of paragraph b of this subdivision.\n  e. At any time prior to completion of the deductions for the\nadditional member contributions referred to in paragraph b of this\nsubdivision, payment of the remainder of the total of such additional\ncontributions required by such paragraph may be made in a lump sum.\n
N.Y. ELN Law § 8-600 — New York Code / Act ELN / Article 8 / Title 6 / Section 8-600
Early voting
Status: in_force

§ 8-600. Early voting.  1. Beginning the tenth day prior to any\ngeneral, primary, run-off primary pursuant to subdivision one of section\n6-162 of this chapter or special election for any public or party\nposition except for such an election held pursuant to title two of\narticle six or article fifteen of this chapter, and ending on and\nincluding the second day prior to such general, primary, run-off primary\nor special election for such public office or party position, persons\nduly registered and eligible to vote at such election shall be permitted\nto vote as provided in this title. The board of elections shall\nestablish procedures, subject to approval of the state board of\nelections, to ensure that persons who vote during the early voting\nperiod shall not be permitted to vote subsequently in the same election.\n  2. (a) The board of elections shall designate polling places for early\nvoting, which may include the offices of the board of elections, for\npersons to vote early pursuant to this title.\n  (b) The largest city in the county or, if there is no city in the\ncounty, the municipality with the highest population in each county\nbased on the latest federal decennial census, or the county seat in\nWashington county, shall have at least one polling place designated for\nearly voting, and to the extent practicable if such city or municipality\nhas public transportation routes, such polling place shall be situated\nalong such transportation routes.\n  (c) In counties with at least five hundred thousand registered voters,\nthere shall be so designated at least one early voting polling place for\nevery full increment of forty thousand registered voters.\n  (d) In all other counties with less than five hundred thousand\nregistered voters, there shall be so designated at least one early\nvoting polling place for every full increment of thirty thousand\nregistered voters; provided, however, the number of early voting polling\nplaces in counties with less than five hundred thousand registered\nvoters shall not be required to be greater than ten nor less than one.\n  (e) For any special, primary or run-off primary election at which no\nvoters of the municipality with the highest population within the county\nare eligible to vote, the board of elections may, in lieu of having an\nearly voting polling place in such municipality, designate a polling\nplace for early voting in the municipality with the highest population\nwithin the county within which the voters are eligible to vote at such\nspecial, primary, or run-off primary election.\n  (f) The board of elections of each county or the city of New York may\nestablish additional polling places for early voting in excess of the\nminimum number required by this subdivision for the convenience of\neligible voters.\n  (g) Notwithstanding the minimum number of early voting poll sites\notherwise required by this subdivision, for any primary or special\nelection, upon majority vote of the board of elections, the number of\nearly voting sites may be reduced when the board of elections determines\na lesser number of sites is sufficient to meet the needs of early\nvoters.\n  (h) Polling places for early voting shall be located so that voters in\nthe county have adequate and equitable access, taking into consideration\npopulation density, travel time to the polling place, proximity to other\nearly voting poll sites, public transportation routes, commuter traffic\npatterns and such other factors the board of elections deems\nappropriate. The provisions of section 4-104 of this chapter, except\nsubdivisions four and five of such section, shall apply to the\ndesignation of polling places for early voting except to the extent such\nprovisions are inconsistent with this section.\n  3. Any voter may vote at any polling place for early voting\nestablished pursuant to subdivision two of this section in the county\nwhere such voter is registered to vote; provided, however, if it is\nimpractical to provide each polling place for early voting all of the\nelection district ballots or if early voting at any such polling place\nmakes ensuring that no voter has not previously voted early during such\nelection, the board of elections may assign election districts to a\nparticular early voting poll site. All voters in each county shall have\none or more polling places at which they are eligible to vote throughout\nthe early voting period on a substantially equal basis. If the board of\nelections does not agree by majority vote to plan to assign election\ndistricts to early voting poll sites, all voters in the county must be\nable to vote at any poll site for early voting in the county.\n  4. (a) Polls shall be open for early voting for at least eight hours\nbetween seven o'clock in the morning and eight o'clock in the evening\neach week day during the early voting period.\n  (b) At least one polling place for early voting shall remain open\nuntil eight o'clock in the evening on at least two week days in each\ncalendar week during the early voting period. If polling places for\nearly voting are limited to voters from certain areas pursuant to\nsubdivision three of this section, polling places that remain open until\neight o'clock shall be designated such that any person entitled to vote\nearly may vote until eight o'clock in the evening on at least two week\ndays during the early voting period.\n  (c) Polls shall be open for early voting for at least eight hours\nbetween nine o'clock in the morning and eight o'clock in the evening on\neach Saturday, Sunday and legal holiday during the early voting period.\n  (d) Nothing in this section shall be construed to prohibit any board\nof elections from establishing a greater number of hours for voting\nduring the early voting period beyond the number of hours required in\nthis subdivision.\n  (e) Early voting polling places and their hours of operation for early\nvoting at a general election shall be designated by May first of each\nyear pursuant to subdivision one of section 4-104 of this chapter.\nNotwithstanding the provisions of subdivision one of section 4-104 of\nthis chapter early voting polling places and their hours of operation\nfor early voting for: (i) a primary or special election shall be made\nnot later than forty-five days before such primary or special election;\n(ii) thirty days before a special election held pursuant to paragraph b\nof subdivision three of section forty-two of the public officers law;\nand (iii) a run-off primary pursuant to subdivision one of section 6-162\nof this chapter shall be made as soon as practicable.\n  (f) If the location of an early voting polling place as designated\npursuant to paragraph (e) of this subdivision changes prior to such\nearly voting period, notice shall be provided to all affected eligible\nvoters no later than five days prior to such voting period in accordance\nwith the communication plan established pursuant to subdivision five of\nthis section or as soon as practicable if such location change occurs\nwithin five days of the commencement of such early voting period;\nprovided, however, no such location change may occur within forty-eight\nhours of such commencement unless there is any disaster within the\nmeaning of section 3-108 of this chapter or a declared state of\nemergency by the governor or any court of competent jurisdiction in the\ncounty where the polling place is located.\n  5. Each board of elections shall create a communication plan to inform\neligible voters of the opportunity to vote early. Such plan may utilize\nany and all media outlets, including social media, and shall publicize:\nthe location and dates and hours of operation of all polling places for\nearly voting; an indication of whether each polling place is accessible\nto voters with physical disabilities; a clear and unambiguous notice to\nvoters that if they cast a ballot during the early voting period they\nwill not be allowed to vote election day; and if polling places for\nearly voting are limited to voters from certain areas pursuant to\nsubdivision three of this section, the location of the polling places\nfor early voting serving the voters of each particular city, town or\nother political subdivision.\n  6. The form of paper ballots used in early voting shall comply with\nthe provisions of article seven of this chapter that are applicable to\nvoting by paper ballot on election day and such ballot shall be cast in\nthe same manner as provided for in section 8-312 of this article,\nprovided, however, that ballots cast during the early voting period\nshall be secured in the manner of voted ballots cast on election day and\nsuch ballots shall not be canvassed or examined until after the close of\nthe polls on election day, and no unofficial tabulations of election\nresults shall be printed or viewed in any manner until after the close\nof polls on election day.\n  7. Voters casting ballots pursuant to this title shall be subject to\nchallenge as provided in sections 8-500, 8-502 and 8-504 of this\narticle.\n  8. Notwithstanding any other provisions of this chapter, at the end of\neach day of early voting, any early voting ballots that have not been\nscanned because a ballot scanner was not available or because the ballot\nhas been abandoned by the voter at the ballot scanner shall be cast in a\nmanner consistent with section 9-110 of this chapter, except that such\nballots which cannot then be cast on a ballot scanner shall be held\ninviolate and unexamined and shall be duly secured until after the close\nof polls on election day when such ballots shall be examined and\ncanvassed in a manner consistent with subdivision two of section 9-110\nof this chapter.\n  9. The board of elections shall secure all ballots and scanners used\nfor early voting from the beginning of the early voting period through\nthe close of the polls on election day; provided, however, the state\nboard of elections may by regulation duly adopted by a majority of such\nboard establish a procedure whereby ballot scanners used for early\nvoting may also be used on election day if the portable memory devices\nused during early voting containing the early voting election\ninformation and vote tabulations are properly secured apart from the\nscanners, and the results therefrom shall be duly canvassed after the\nclose of polls on election day.\n  10. After the close of polls on election day, inspectors or board of\nelections employees appointed to canvass ballots cast during early\nvoting shall follow all relevant provisions of article nine of this\nchapter that are not inconsistent with this section, for canvassing,\nprocessing, recording, and announcing results of voting at polling\nplaces for early voting, and securing ballots, scanners, and other\nelection materials. Such canvass may occur at the offices of the board\nof elections, at the early voting polling place or such other location\ndesignated by the board of elections.\n  11. Notwithstanding the requirements of this title requiring the\ncanvass of ballots cast during early voting after the close of polls on\nelection day, such canvass may begin one hour before the scheduled close\nof polls on election day provided the board of elections adopts\nprocedures to prevent the public release of election results prior to\nthe close of polls on election day and such procedures shall be\nconsistent with the regulations of the state board of elections and\nshall be filed with the state board of elections at least thirty days\nbefore they shall be effective.\n
N.Y. SOS Law § 111-J — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-J
Interception of unemployment insurance benefits
Status: in_force

§ 111-j. Interception of unemployment insurance benefits. 1. (a) The\ndepartment shall determine on a periodic basis whether any individual\nreceiving unemployment insurance benefits pursuant to article eighteen\nof the state's labor law owes child support obligations which are being\nenforced by the department or the child support enforcement unit of a\nsocial services district and shall enforce any child support obligations\nwhich are owed by such individual but are not being met through an\nagreement with such individual to have specific amounts withheld from\nsuch benefits otherwise payable to such individual and by submitting a\ncopy of such agreement to the New York state department of labor.\n  (b) In the absence of such an agreement, the department shall enforce\nany such child support obligations as authorized by the court in any\norder establishing such obligations and as otherwise provided by law.\n  2. Any amounts of unemployment insurance benefits deducted, withheld\nand paid over by the department of labor pursuant to section five\nhundred ninety-six of the labor law shall be treated as if it were paid\nto the person entitled to such compensation and paid by such person to\nthe department or appropriate child support collection unit toward\nsatisfaction of such person's child support obligations. Each agency or\ndistrict receiving payments deducted by the department of labor shall\nreimburse that department for the administrative costs attributable\nthereto.\n
N.Y. EDN Law § 4408 — New York Code / Act EDN / Title 6 / Article 89 / Section 4408
Payment for July and August programs for students with disabilities
Status: in_force

§ 4408. Payment for July and August programs for students with\ndisabilities.  1. State aid. The commissioner shall make payments for\napproved July and August programs for students with disabilities in\naccordance with this section in an amount equal to eighty percent of the\nsum of the approved tuition and maintenance rates and the transportation\nexpense for the current year enrollment of students with disabilities\nages five through twenty-one or students eligible for services during\nJuly and August pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter, where such costs are determined pursuant\nto section forty-four hundred five of this article, provided that the\nplacement of such students was approved by the commissioner, if\nrequired. Such programs shall operate for six weeks and shall be funded\nfor thirty days of service, provided, however, that the observance of\nthe legal holiday for Independence day may constitute a day of service.\nUpon certification by the school district in which the student resides,\nthat such services were provided, such payment shall be made to the\nprovider of such services, in accordance with the provisions of\nsubdivision three of this section.\n  2. Chargeback to a municipality. Ten percent of the approved cost of\nJuly and August services provided pursuant to this section for each\nstudent shall be a charge against the municipality in which the parent,\nor person in parental relationship to such student, resided on July\nfirst of the school year in which such services were provided. The\ncomptroller shall deduct from any state funds which become due to a\nmunicipality an amount equal to such ten percent required in accordance\nwith this subdivision which amount shall be credited to the local\nassistance account of the state education department as designated by\nthe division of the budget.\n  3. Payment schedule. For aid payable in the two thousand six--two\nthousand seven school year, moneys appropriated annually to the\ndepartment from the general fund - local assistance account under the\noffice of prekindergarten through grade twelve education program for\nJuly and August programs for students with disabilities, shall be used\nas follows: (i) for remaining base year and prior school years\nobligations, (ii) for the purposes of subdivision four of this section\nfor schools operated under articles eighty-seven and eighty-eight of\nthis chapter, and (iii) notwithstanding any inconsistent provisions of\nthis chapter, for payments made pursuant to this section for current\nschool year obligations, provided, however, that such payments shall not\nexceed seventy percent of the state aid due for the sum of the approved\ntuition and maintenance rates and transportation expense provided for\nherein; provided, however, that payment of eligible claims shall be\npayable in the order that such claims have been approved for payment by\nthe commissioner, but in no case shall a single payee draw down more\nthan forty-five percent of the appropriation provided for the purposes\nof this section, and provided further that no claim shall be set aside\nfor insufficiency of funds to make a complete payment, but shall be\neligible for a partial payment in one year and shall retain its priority\ndate status for appropriations provided for this section in future\nyears.\n  4. Of the amount so appropriated to the department for the July and\nAugust programs for schools operated under articles eighty-seven and\neighty-eight of this chapter, an amount shall be transferred to the\nspecial revenue funds - other, Batavia school for the blind and Rome\nschool for the deaf accounts, pursuant to a plan to be developed by the\ncommissioner and approved by the director of the budget for students\nwith disabilities attending July and August programs pursuant to this\nsection at such schools pursuant to such articles. Such amount shall be\ndetermined by the tuition and maintenance rates and the total number of\nstudents with disabilities approved by the commissioner for placement\nfor the July and August program. The commissioner shall establish the\nmethodology for computation of such tuition and maintenance rates for\neach school which shall take into account all pertinent expenditures\nincluding administration, direct care staff, nondirect care staff and\nother than personal service costs.\n  5. State share. In accordance with the provisions of subparagraph four\nof paragraph b of subdivision one of section thirty-six hundred nine-a\nof this chapter for services provided during the two thousand eight--two\nthousand nine and prior school years, any moneys due the school district\nshall be reduced by an amount equal to fifty percent of any federal\nparticipation, pursuant to title XIX of the social security act, in\nspecial education programs provided pursuant to this section. For\nservices provided during the two thousand nine--two thousand ten school\nyear and thereafter, or for services provided in a prior school year\nthat were not reimbursed by the state on or before April first, two\nthousand eleven, such state share shall be designated and transferred\npursuant to section thirty-six hundred nine-b of this chapter.\n  6. Notwithstanding any other provision of law to the contrary, no\npayments shall be made by the commissioner pursuant to this section on\nor after July first, nineteen hundred ninety-six based on a claim\nsubmitted later than three years after the end of the school year in\nwhich services were rendered, provided however that no payment shall be\nbarred or reduced where such payment is required as a result of a court\norder or judgment or a final audit.\n
N.Y. PBA Law § 1147-S — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-S
Actions against the authority
Status: in_force

§ 1147-s. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, or (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (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. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claim relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provision of section fifty-h of the general\nmunicipal 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 or an attorney, officer or employee of\nthe authority 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 authority shall have power to settle or\nadjust all claims in favor 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 on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n  5. Any action or proceeding to which the authority 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 civil business pending therein, except election causes, irrespective\nof position on the calendar. The same preference shall be granted upon\napplication of the authority or its counsel in any action or proceeding\nquestioning the validity of this title in which the authority may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county in which the principal office\nof the authority is located.\n
N.Y. SOS Law § 210 — New York Code / Act SOS / Article 5 / Title 6 / Section 210
Mandatory minimum state supplementation
Status: in_force

§ 210. Mandatory minimum state supplementation.  1. Any inconsistent\nprovisions of this title or any other law notwithstanding, but subject\nto the provisions of subdivisions two and three of this section, an\nindividual who is deemed to have met the eligibility criteria for\nadditional state payments pursuant to paragraph (c) of subdivision one\nof section two hundred nine of this title, shall be entitled to receive\nfor each month after December, nineteen hundred seventy-three an\nadditional state payment in an amount which, when added to the\nsupplemental security income benefit and other countable income, is\nequal to such individual's December, nineteen hundred seventy-three cash\ngrant of assistance under the state's program of old age assistance,\nassistance to the blind, aid to the disabled or the combined program of\naid to aged, blind and disabled persons, plus income not excluded under\nsuch state program, plus an amount equal to the January, nineteen\nhundred seventy-two bonus value of food stamps as determined in\naccordance with the regulations of the office of temporary and\ndisability assistance plus, for any month after June, nineteen hundred\nseventy-five, an amount reflecting the federal supplemental security\nincreases resulting from July first, nineteen hundred seventy-five cost\nof living increases in such benefits, plus for any month after June,\nnineteen hundred eighty-two, an amount equal to the July first, nineteen\nhundred eighty-two federal supplemental security income cost of living\nadjustment, providing such individual was eligible to receive a\nmandatory state supplement for the month of December, nineteen hundred\neighty-one, plus for any month after June, nineteen hundred\neighty-three, an amount equal to $17.70 for individuals, $26.55 for\ncouples who are living alone or living with others and $35.40 for\ncouples receiving family care, residential care or care in schools for\nindividuals with developmental disabilities, plus for any month after\nDecember, nineteen hundred eighty-three, an amount equal to $9.70 for\nindividuals, $15.60 for couples who are living alone or living with\nothers and $19.40 for couples receiving family care, residential care or\ncare in schools for individuals with developmental disabilities, plus\nfor any month after December, nineteen hundred eighty-four, an amount\nequal to $11.00 for individuals, $16.00 for couples who are living alone\nor living with others and $22.00 for couples receiving family care,\nresidential care or care in schools for individuals with developmental\ndisabilities, plus for any month after December, nineteen hundred\neighty-five, an amount equal to $11.00 for individuals, $16.00 for\ncouples who are living alone or living with others and $22.00 for\ncouples receiving family care, residential care or care in schools for\nindividuals with developmental disabilities, plus for any month after\nDecember, nineteen hundred eighty-six an amount equal to $4.00 for\nindividuals, $6.00 for couples who are living alone or living with\nothers and $8.00 for couples receiving family care, residential care or\ncare in schools for individuals with developmental disabilities, plus\nfor any month after December, nineteen hundred eighty-seven an amount\nequal to $14.00 for individuals, $22.00 for couples who are living alone\nor living with others and $28.00 for couples receiving family care,\nresidential care or care in schools for individuals with developmental\ndisabilities, plus for any month after December, nineteen hundred\neighty-eight an amount equal to $14.00 for individuals, $21.00 for\ncouples who are living alone or living with others and $28.00 for\ncouples receiving family care, residential care or care in schools for\nindividuals with developmental disabilities, plus for any other month\nafter December, nineteen hundred eighty-nine an amount equal to $18.00\nfor individuals, $27.00 for couples who are living alone or living with\nothers and $36.00 for couples receiving family care, residential care or\ncare in schools for individuals with developmental disabilities, plus\nfor any month after December, nineteen hundred ninety an amount equal to\n$21.00 for individuals, $31.00 for couples who are living alone or\nliving with others and $42.00 for couples receiving family care,\nresidential care or care in schools for individuals with developmental\ndisabilities, plus for any month after December, nineteen hundred\nninety-one an amount equal to $15.00 for individuals, $23.00 for couples\nwho are living alone or living with others and $30.00 for couples\nreceiving family care, residential care or care in schools for\nindividuals with developmental disabilities, plus for any month after\nDecember, nineteen hundred ninety-two, an amount equal to $12.00 for\nindividuals, $19.00 for couples who are living alone or living with\nothers and $24.00 for couples receiving family care, residential care or\ncare in schools for individuals with developmental disabilities, plus\nfor any month after December, nineteen hundred ninety-three an amount\nequal to $12.00 for individuals, $17.00 for couples who are living alone\nor living with others and $24.00 for couples receiving family care,\nresidential care or care in schools for individuals with developmental\ndisabilities, plus for any month after December, nineteen hundred\nninety-four an amount equal to $12.00 for individuals, $18.00 for\ncouples who are living alone or living with others and $24.00 for\ncouples receiving family care, residential care or care in schools for\nindividuals with developmental disabilities, plus for any month after\nDecember, nineteen hundred ninety-five an amount equal to $12.00 for\nindividuals, $18.00 for couples who are living alone or living with\nothers and $24.00 for couples receiving family care, residential care or\ncare in schools for individuals with developmental disabilities, plus\nfor any month after December, nineteen hundred ninety-six, an amount\nequal to $14.00 for individuals and $21.00 for couples plus for any\nmonth after December, nineteen hundred ninety-seven an amount equal to\n$10.00 for individuals and $15.00 for couples plus for any month after\nDecember, nineteen hundred ninety-eight an amount equal to $6.00 for\nindividuals and $11.00 for couples plus for any month after December,\nnineteen hundred ninety-nine an amount equal to $13.00 for individuals\nand $18.00 for couples plus for any month after December, two thousand\nan amount equal to $18.00 for individuals and $27.00 for couples plus\nfor any month after December, two thousand one an amount equal to $15.00\nfor individuals and $21.00 for couples plus for any month after\nDecember, two thousand two an amount equal to $7.00 for individuals and\n$12.00 for couples plus for any month after December, two thousand three\nan amount equal to $12.00 for individuals and $17.00 for couples plus\nfor any month after December, two thousand four an amount equal to\n$15.00 for individuals and $23.00 for couples plus for any month after\nDecember, two thousand five an amount equal to $24.00 for individuals\nand $35.00 for couples plus for any month after December, two thousand\nsix an amount equal to the amount of any increases in federal\nsupplemental security income benefits for individuals or couples\npursuant to section 1617 of the Social Security Act (42 USC § 1382f)\nwhich become effective on or after January first, two thousand seven.\n  2. An individual who is entitled to receive the minimum state\nsupplement in accordance with subdivision one of this section shall\nremain entitled to receive such supplement for each month after\nDecember, nineteen hundred seventy-three until the month in which such\nindividual dies or ceases to be eligible therefor, pursuant to paragraph\n(c) of subdivision one of section two hundred nine of this title;\nprovided, however, that no individual shall be entitled to receive such\nsupplement for any month in which such individual is ineligible to\nreceive federal supplemental security income benefits for reasons\nspecified in paragraph (d) of subdivision one of section two hundred\nnine of this title.\n  3. If the amount of an individual's December, nineteen hundred\nseventy-three grant included or was determined on the basis of a special\nneed or special circumstance of such individual which existed in\nDecember, nineteen hundred seventy-three, and which need or circumstance\nduring any month after December, nineteen hundred seventy-three ceased\nto exist, such individual's minimum state supplement shall be reduced\nfor such month and each month thereafter by an amount equal to the\namount such individual's December, nineteen hundred seventy-three grant\nwould have been reduced had such special need or special circumstance\nnot existed in December, nineteen hundred seventy-three. If the amount\nof an individual's December, nineteen hundred seventy-three grant\nincluded an amount to reflect the needs of a person whose presence in\nthe household was essential to the well-being of the individual, the\nincome and resources of such person shall be included as the income and\nresources of the individual.\n
N.Y. PBA Law § 1120-M — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-M
Agreement of the state
Status: in_force

§ 1120-m. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the authority to negotiate, purchase, construct, maintain,\noperate, repair, improve, increase, enlarge, extend, reconstruct,\nrenovate, rehabilitate or dispose of any project or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title and to fulfill the terms of any agreement made with or for\nthe benefit of the holders of the bonds or with any public corporation\nor person with reference to the bondholders, until the bonds, together\nwith the interest thereon, including interest on any unpaid installments\nof interest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with the bondholders.\n