N.Y. RPT Law § 489-B — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-B
Definitions
Status: in_force

§ 489-b.  Definitions.  When used in this title, unless otherwise\nexpressly stated:\n  1.  "Assessing unit" means a city, town or village.\n  2.  "Railroad company" means a corporation, joint stock company,\nassociation, partnership, individual or other person operating a\nrailroad system wholly within the state of New York as a common carrier\nby rail, including but not limited to a street, surface, underground or\nelevated railroad, whether as owner, lessee, mortgagee, trustee,\nreceiver or assignee of railroad real property.\n  3.  "Railroad real property" means the land, real estate and real\nproperty (as defined in subdivision twelve of section one hundred two of\nthis chapter) of a railroad company, which is used by such railroad\ncompany for transportation purposes and which is subject to real\nproperty taxation except as provided in this title, and includes (a)\nsuch property leased to such railroad company, (b)  such property used\nfor transportation purposes by such railroad company under a trackage\nright or other operating agreement, title to which is in other than a\nrailroad company, as defined in subdivision two of this section and\nsubdivision two of section four hundred eighty-nine-bb of this chapter,\n(c) such property used or occupied by such railroad company, title to\nwhich is in the state or in any municipal corporation thereof under any\nof the grade crossing elimination acts, and (d) such tangible property\nof such railroad company situated in, upon, under or above any street,\nhighway, public place or public waters; but does not include the value\nof any franchise, right or permission to construct, maintain or operate,\nin, under, above, on or through, streets, highways or public places.\n  4.  "Subsidized railraod real property" means any railroad real\nproperty for which a rail service continuation subsidy is paid by the\nUnited States or the state of New York.\n  5.  "Tax" or "taxation" means an ad valorem charge or special ad\nvalorem levy imposed upon real property by or on behalf of a county,\ncity, town, village, school district or special district.\n
N.Y. RPT Law § 428 — New York Code / Act RPT / Article 4 / Title 2 / Section 428
Fraternal organizations; entire net income for education and relief of members
Status: in_force

§ 428.  Fraternal organizations; entire net income for education and\nrelief of members.   Real property owned by any fraternal corporation,\nassociation or body created to build and maintain a building or\nbuildings for its meeting or meetings of the general assembly of its\nmembers or subordinate bodies thereof and for the accommodation of other\nfraternal corporations, associations or bodies, the entire net income of\nwhich real property is exclusively applied or to be used to build,\nfurnish and maintain one or more asylums, homes or schools for the free\neducation or relief of its members or for the relief, support and care\nof the worthy and indigent members thereof, their spouses, surviving\nspouses or orphans, shall be exempt from taxation and exempt from\nspecial ad valorem levies and special assessments to the extent provided\nin section four hundred ninety of this chapter.\n
N.Y. ELN Law § 7-204 — New York Code / Act ELN / Article 7 / Title 2 / Section 7-204
Contracts for purchase of voting machines or systems
Status: in_force

§ 7-204. Contracts for purchase of voting machines or systems. 1. All\ncontracts for purchase of voting machines or systems of types approved\nby the state board of elections shall include, but not be limited to,\nrequirements that the vendors provide assistance in training board of\nelections personnel in the operation of such machines or systems and any\nancillary equipment, assistance in the conduct of all elections\nconducted during the first year in which each such machine or system is\nused and at least five years of service for all such machines or systems\nand ancillary equipment.\n  2. All such contracts shall also require the vendor to guarantee in\nwriting to keep such machines and systems in good working order for at\nleast five years without additional cost and to perform satisfactorily\nits training and service obligations under the contract and to give a\nsufficient bond conditioned to that effect.\n  3. The state board of elections, in consultation with the office of\ngeneral services, shall issue regulations specifying the manner in which\ncontracts must be drawn in order to comply with the provisions of this\nsection.\n  4. Purchase contracts for purchase of voting machines or systems of\ntypes approved by the state board of elections may not become effective\nuntil a date at least ten days after copies of such contracts are\nreceived by the state board of elections unless, within such ten day\nperiod, such board of elections notifies the local board of elections\nwhich submitted such contract that such contract does not meet\nrequirements of this chapter or the regulations of the state board of\nelections.\n
N.Y. PBH Law § 2896-C — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-C
Qualifications of applicants for licensure
Status: in_force

§ 2896-c. Qualifications of applicants for licensure. 1. An applicant\nshall be eligible for a license as provided in this article upon payment\nto the department of an application fee of forty dollars and the\nsubmission of satisfactory evidence, verified by oath or affirmation,\nthat the applicant:\n  (a) is at least twenty-one years of age;\n  (b) is of good moral character and suitability;\n  (c) has successfully completed a four-year course of study in a\nsecondary school approved by the board of regents or been issued a\ncertificate of equivalency; and\n  (d) has satisfactorily completed a course of study in the field of\ninstitutional administration approved by the board or in a school\nlicensed by the state department of education as maintaining a\nsatisfactory standard, or an equivalent combination of instruction,\ntraining or experience as determined by the board, or the equivalent of\nsuch a course of study in a college as determined by the state\ndepartment of education; and\n  (e) has passed an examination as specified in section two thousand\neight hundred ninety-six-d of this title.\n  2. An applicant who is denied licensure only because of his failure to\nmeet the requirements of paragraphs (c) and (d) of subdivision one of\nthis section may petition the board for reconsideration and may be\nlicensed provided that he possesses educational qualifications or\nexperience in nursing home administration which are at least the\nequivalent of the satisfactory completion of an approved course of\nstudy, and such extended practical experience in nursing home\nadministration or in a related health administration activity as may be\nacceptable to the board.\n
N.Y. RPT Law § 485-C — New York Code / Act RPT / Article 4 / Title 2 / Section 485-C
Exemption from taxation of real property used in manufacture of steel in cities of fifty thousand or more persons
Status: in_force

§ 485-c.  Exemption from taxation of real property used in manufacture\nof steel in cities of fifty thousand or more persons.  Notwithstanding\nthe provisions of any law to the contrary, blast furnaces, open hearth\nfurnaces, soaking pits and coke ovens which are used in the manufacture\nof steel, and all tanks, towers and stills which are used in processing\ngases and liquids produced by such coke ovens owned by a corporation\ntaxable under article nine-A of the tax law and located within a city\nwith a population of fifty thousand or more shall be exempt from\ntaxation.\n
N.Y. PBA Law § 839 — New York Code / Act PBA / Article 4 / Title 2 / Section 839
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 839. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBG Law § 404 — New York Code / Act PBG / Article 13 / Title 2 / Section 404
Buffalo Municipal Housing Authority
Status: in_force

§ 404. Buffalo Municipal Housing Authority.  The Buffalo Municipal\nHousing Authority is hereby constituted and declared to be a body\ncorporate and politic with all the powers, rights and duties set forth\nin article five of the former state housing law. Notwithstanding any\ninconsistent provision of law, any member of such authority appointed or\nreappointed by the mayor of Buffalo shall be subject to confirmation by\na majority vote of the common council of such city.\n
N.Y. PBH Law § 23 — New York Code / Act PBH / Article 1 / Title 2 / Section 23
Claim forms
Status: in_force

§ 23. Claim forms. A non-participating physician shall include a claim\nform for a third-party payor with a patient bill for health care\nservices, other than a bill for the patient's co-payment, coinsurance or\ndeductible.\n
N.Y. EDN Law § 2501 — New York Code / Act EDN / Title 2 / Article 51 / Section 2501
Application of article
Status: in_force

§ 2501. Application of article.  This article shall apply to the\nschool district of each city which according to the latest federal\ncensus has less than one hundred twenty-five thousand inhabitants.\n
N.Y. GMU Law § 770 — New York Code / Act GMU / Article 17-A / Title 2 / Section 770
Effect on actions and proceedings
Status: in_force

§ 770. Effect on actions and proceedings. 1. Suits may be brought and\nmaintained against a consolidated local government entity in any of the\ncourts of the state in the same manner as against any other local\ngovernment entity.\n  2. In any action or proceeding pending on the effective date of\nconsolidation to which any component local government entity is a party,\nthe consolidated local government entity may be substituted in its place\nand the action or proceeding may be prosecuted to judgment as if\nconsolidation had not taken place.\n
N.Y. RPT Law § 489-GGGG — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-GGGG
Conversion of property
Status: in_force

§ 489-gggg. Conversion of property. 1. Any recipient whose property is\nthe subject of a certificate of eligibility for commercial or renovation\nconstruction work, and who, prior to the expiration of the benefit\nperiod, uses such property as industrial property, shall continue to\nreceive benefits for commercial or renovation construction work as the\ncase may be.\n  2. Any recipient whose property is the subject of a certificate of\neligibility for industrial construction work, and who, prior to the\nexpiration of the benefit period, uses such property as commercial\nproperty, shall cease to be eligible for further exemption or abatement\nfor industrial construction work as of the last date to which such\nrecipient proves by clear and convincing evidence that such property was\nused as industrial property, and shall pay with interest any taxes for\nwhich an exemption or abatement was claimed after such date, except\nthat:\n  (a) a recipient of a certificate of eligibility for industrial\nconstruction work in a special exemption area who would have been\neligible to receive a certificate of eligibility for commercial\nconstruction work at the time such recipient applied for benefits shall\ncontinue to receive an exemption for industrial construction; and\n  (b) a recipient of a certificate of eligibility for industrial\nconstruction work in a regular exemption area who would have been\neligible to receive a certificate of eligibility for commercial\nconstruction work at the time such recipient applied for benefits shall,\ncommencing with the date of conversion to commercial property and\ncontinuing until the expiration of the benefit period for commercial\nconstruction work, receive any exemption which such recipient would have\nreceived in the corresponding tax year pursuant to a certificate of\neligibility for commercial construction work; and\n  (c) a recipient of a certificate of eligibility for industrial\nconstruction work in any area of the city on whose property at least\nsixty-five per centum of the net square footage continues to be used or\nheld out for use for manufacturing activities after conversion to\ncommercial property, shall not be required to pay the pro rata share of\ntax for which an exemption was claimed during the tax year in which such\nconversion occurred.\n  3. Except as provided in subdivision four of this section, any\nrecipient whose property is the subject of a certificate of eligibility\nfor commercial, industrial or renovation construction work, and who uses\nsuch property as residential property or for any restricted activity\nprior to the expiration of the benefit period, shall cease to be\neligible for further exemption, abatement or deferral as of the date\nsuch property was first used as residential property or for any\nrestricted activity. In the case of property in an area that was\ndesignated as an exemption area at the time the certificate of\neligibility was issued, such recipient shall pay with interest any taxes\nfor which an exemption was claimed after such date, including the pro\nrata share of tax for which any exemption was claimed during the tax\nyear in which such use occurred. In the case of industrial property,\nsuch recipient shall pay with interest any taxes for which an exemption\nor abatement was claimed after such date, including the pro rata share\nof tax for which any exemption or abatement was claimed during the tax\nyear in which such use occurred. In the case of property in an area that\nwas designated as a deferral area at the time the certificate of\neligibility was issued, all deferred tax payments on the property shall\nbecome due and payable immediately.\n  4. Notwithstanding subdivision three of this section, any recipient\nwhose property is the subject of a certificate of eligibility for\ncommercial or renovation construction work with an effective date of\nJuly first, nineteen hundred ninety-two or after, and who, prior to the\nexpiration of the benefit period, uses a portion of such property as\nresidential property, shall cease to be eligible for further exemption\nfor commercial or renovation construction work for that portion of such\nproperty used as residential property as of the date such portion of the\nproperty was first used as residential property. Such recipient shall\npay, with interest, any taxes for which an exemption was claimed after\nsuch date attributable to that portion of the property used as\nresidential property, including the pro rata share of tax for which such\nexemption was claimed during the tax year in which such use occurred.\nSuch recipient shall continue to receive an exemption for commercial or\nrenovation construction work for that portion of the property which\ncontinues to be used as commercial property.\n
N.Y. RPT Law § 466-G — New York Code / Act RPT / Article 4 / Title 2 / Section 466-G
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-g. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than four hundred fifty-eight\nthousand inhabitants but less than four hundred sixty thousand\ninhabitants, determined in accordance with the latest decennial federal\ncensus, shall be exempt from taxation to the extent of ten percent of\nthe assessed value of such property for city, village, town, part town,\nspecial district, school district or county purposes, exclusive of\nspecial assessments, provided that the governing body of a city,\nvillage, town, school district, or county, after a public hearing,\nadopts a local law, ordinance or resolution providing therefor; provided\nfurther, however, that such exemption shall in no event exceed three\nthousand dollars multiplied by the latest state equalization rate for\nthe assessing unit in which such real property is located.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided, however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage or town, after a public hearing, adopts a local law, ordinance\nor resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 2 § 466-g's\n  * NB Repealed December 9, 2028\n
N.Y. ELN Law § 7-205 — New York Code / Act ELN / Article 7 / Title 2 / Section 7-205
Voting machines; use of at primaries
Status: in_force

§ 7-205. Voting machines; use of at primaries. 1. The board of\nelections of any county outside the city of New York may adopt, and\nshall adopt when required by local law in any city or by action of the\ncounty legislative body in any county, the use of voting machines for\ncontested primary elections in any or all parts of such city or county\nfor any office or position for which such board is not required to use\nsuch machines. Wherever voting machines are used for primary elections,\nthe board of elections having jurisdiction over elections in the city,\ncounty or town concerned shall issue directions for such use for each\nprimary election which shall be in conformity with the provisions of\nthis section and of all other applicable provisions of this chapter and\nwhich shall be binding on all election officials in the area involved.\n  2. Additional voting machines may be acquired for this purpose. If the\nvoting machines used are equipped with a mechanism by which a voter of\none party may be permitted to vote for any candidate of his own party\nbut prevented from voting for any candidates of other parties, the same\nmachines may be used for the primaries of all parties or of more than\none party. In the use of such a machine an inspector assigned for the\npurpose by the board of inspectors shall set the machine before each\nvoter enters the voting booth so that it can be operated only for\ncandidates of the party in which the voter is enrolled. If the face of a\nsingle machine will not hold the candidates of all parties, two or more\nmachines may be used in a single election district, but all the\ncandidates of any one party for whose primary contests voting machines\nare used must appear on the same machine except as provided in\nsubdivision five of this section.\n  3. If the voting machines are not thus adapted to use for the primary\ncontests of more than one party on the same machine, a separate voting\nmachine shall be provided for the primary contests of each party for\nwhich such voting machines are used. Voting machines of both types may\nbe used in the same primary election in different election districts or\nin the same election district for different parties.\n  4. Wherever voting machines are used for primary elections, they shall\nbe used in accordance with the following provisions of this section for\nall primary contests so far as the available supply of voting machines\nwill permit, except that the use of voting machines in all contested\nprimary elections in the city of New York shall be mandatory except as\nprovided in subdivision five.  Outside the city of New York, if the\navailable supply of voting machines is insufficient to contain all\nprimary contests, paper ballots shall be used insofar as necessary.  If\nthere are not enough voting machines to cover all election districts for\nall parties therein, preference shall be given in the use of machines,\nfirst to contests for nomination for public office over contests for\nelection to party position and, second to the contests which are held in\nthe greatest numbers of election districts. If a voting machine used for\na party in a particular election district will not accommodate all the\ncandidates of the party therein, as many as possible of the contests of\nsuch party shall be carried on the voting machine subject to the\nfollowing priorities: first to contests for nomination for public\noffice, and second to offices voted for in such party in the most\nelection districts. Subject to these requirements, the board of\nelections of any county outside the city of New York shall designate\nwhich election districts and which parties therein shall use voting\nmachines for primary contests, and which contests shall appear on a\nvoting machine when the machine will not accommodate all the contests of\na party.\n  5. To provide an opportunity for voting for offices or party positions\nfor which more candidates have been designated than can be accommodated\non the voting machines, the board of elections may provide for the use\nof a separate paper ballot for such offices and positions when other\noffices and positions are voted for on voting machines by voters of the\nsame party.\n  6. When voting machines are used for primary elections the provisions\nof the other sections of this article shall be observed so far as\napplicable, except that the provisions for party rows or columns and the\nuse of party names and emblems for each individual candidate shall be\ndisregarded. When primary candidates of more than one party appear on\nthe same voting machine, the candidates of each party shall appear\ntogether on one part of the machine distinctly and prominently separated\nfrom the part or parts used for candidates of other parties and\nprominently labeled with the name of the party. When a voting machine is\nused for the primary candidates of one party only, the machine shall be\nprominently labeled with the name of that party.\n  7. The state board of elections shall have power to issue\nsupplementary instructions for the use of voting machines in primary\nelections in accordance with the provisions of this section. Subject to\nsuch instructions and to the provisions of this section the board of\nelections shall have power to make all necessary or desirable provisions\nfor such use.\n
N.Y. PBH Law § 2121 — New York Code / Act PBH / Article 21 / Title 2 / Section 2121
Communicable diseases; duty of committed patients; discipline
Status: in_force

§ 2121. Communicable diseases; duty of committed patients; discipline.\n1. Every person committed under the provisions of this article shall\nobserve all the rules and regulations of the hospital or institution to\nwhich he is committed.\n  2. Any person so committed who neglects or refuses to obey the rules\nand regulations of the institution may by direction of the chief medical\nofficer of the institution be placed apart from the other patients.\n
N.Y. PBA Law § 1366 — New York Code / Act PBA / Article 6 / Title 2 / Section 1366
Exemption from taxation
Status: in_force

§ 1366. Exemption from taxation. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of Oswego and its\nenvirons, and is a public purpose, and the authority shall be regarded\nas performing a governmental function in the exercise of the powers\nconferred upon it by this act and shall be required to pay no taxes or\nassessments upon any of the properties acquired by the authority or\nunder its jurisdiction, control or supervision, or upon its activities.\nBonds or notes issued pursuant to this act, together with the income\ntherefrom, as well as the property of the authority shall be exempt from\ntaxation except for transfer and estate taxes.\n
N.Y. RPT Law § 434 — New York Code / Act RPT / Article 4 / Title 2 / Section 434
Academies of music
Status: in_force

§ 434.  Academies of music.  The financial board of any city having a\npopulation of one hundred seventy-five thousand or more according to the\nlatest federal census may by resolution exempt from taxation and exempt\nfrom special ad valorem levies and special assessments to the extent\nprovided in section four hundred ninety of this chapter, all or any part\nof the real property consisting of, and owned by a corporation or\nassociation organized to maintain, an academy of music, if, in the\nopinion of such board, the interest of such city requires the\nmaintenance of such academy of music and it appears that the property\nwas purchased with the proceeds of popular or general subscription.  No\nsuch exemption shall be granted for any year if it appears that the\ncorporation or association during the preceding year earned a net annual\nincome upon the net cost of such academy and the furniture thereof.\n
N.Y. EXC Law § 507-C — New York Code / Act EXC / Article 19-G / Title 2 / Section 507-C
Restrictive placements
Status: in_force

§ 507-c. Restrictive placements. 1. The division shall promulgate\nregulations governing restrictive placements of juveniles under section\n353.5 of the family court act, not inconsistent with such act.\n  2. The regulations shall establish within the division a restrictive\nplacement committee. The division shall make and revise as needed a plan\nfor the care, treatment, services and supervision of each youth under\nrestrictive placement, which plan shall be reviewed and may be revised\nby the committee. The youth may not be released or transferred from a\nfacility without the approval of the committee, except by written order\nof the director.\n  3. For youths placed with the division pursuant to a restrictive\nplacement under section 353.5 of the family court act, the division\nshall (a) report in writing to the court not less than once every six\nmonths during the placement on the status, adjustment and progress of\nthe respondent, unless otherwise provided in the order of disposition;\nand (b) provide intensive supervision of the youth whenever he or she is\nnot in a secure or residential facility of the division.\n
N.Y. GMU Law § 901 — New York Code / Act GMU / Article 18-A / Title 2 / Section 901
Oneida county industrial development agency
Status: in_force

* § 901. Oneida county industrial development agency. For the benefit\nof the county of Oneida and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the ONEIDA COUNTY INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter. Its members shall be appointed by the\ngoverning body of the county of Oneida. The agency, its members,\nofficers and employees, and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 1430 — New York Code / Act RPT / Article 14 / Title 2 / Section 1430
Statement of taxes to be mailed
Status: in_force

§ 1430. Statement of taxes to be mailed. 1. The village treasurer\nshall, immediately after the receipt of the tax roll and warrant, mail\nstatements of taxes in the same manner as provided in section nine\nhundred twenty-two of this chapter for city and town collecting\nofficers.\n  1-a. The collecting officer shall further enclose with each such\nstatement a notice that any taxpayer who owns residential real property\nconsisting of no more than three family dwelling units and who is age\nsixty-five or over or who is disabled is eligible for a third party\nnotification procedure if desired. Such notice shall state that any\neligible taxpayer wishing to participate in such procedure must\ndesignate an adult third party to receive notification, that the\ndesignated third party must consent to such notification, where the\nappropriate application form may be obtained, and that an application\nform must be filed with the collecting officer of the appropriate\nmunicipal corporation no later than a specific date, as chosen by\nresolution of the legislative body of such municipal corporation, which\ndate shall be no earlier than sixty days prior to the levy of taxes by\nor on behalf of such municipal corporation. Duplicates of subsequent tax\nbills and notices of unpaid taxes shall be mailed to such third party\nuntil such time as the property owner or administrator or executor of\nthe estate of such property owner notifies the collecting officer in\nwriting that third party procedure should cease or until such time as a\nchange of ownership is indicated on the tax roll or the collecting\nofficer receives notice of a change of ownership pursuant to section\nfive hundred seventy-four of this chapter. The collecting officer shall\nmail an application form to any eligible taxpayer who requests the same\nand who includes a self-addressed, stamped envelope with such request.\n  2. The board of trustees may provide by resolution that the village\ntreasurer shall cause to be enclosed with the statement showing the\namount of tax due, a summary of the adopted budget and an explanation of\nthe computation of the tax rate.\n  3. Any person or corporation, who or which owns or has an interest in\nreal property in the village and is a non-resident thereof, may file\nwith the village clerk a description of such real property sufficient to\nidentify the same and the name and address of such person or, in the\ncase of a corporation, the name and the address of the principal office,\nand thereafter a statement as above provided shall be mailed to each\nsuch person or corporation.\n  The failure to mail any such statement, or failure of the addressee to\nreceive the same, shall not in any manner affect the validity of the\ntaxes or the interest imposed by law with respect thereto.\n
N.Y. MDW Law § 55 — New York Code / Act MDW / Article 3 / Title 2 / Section 55
Wainscoting
Status: in_force

§ 55. Wainscoting. 1. Whenever the surface of walls, partitions or\nceilings in any apartment or suite of rooms of any non-fireproof\nmultiple dwelling is covered, sheathed or wainscoted wholly or in part\nafter April eighteenth, nineteen hundred twenty-nine, such covering\nshall be backed solidly with plaster. In fireproof multiple dwellings\nsuch covering shall be backed solidly and continuously or filled with\nincombustible material.  In the case of walls and partitions in\nfireproof dwellings, such backing and filling shall extend to the\nfireproof floor construction and in non-fireproof dwellings to the floor\nbeams. All such backing and filling shall be fire-stopped.\n  2. No wood wainscoting other than fireproofed wood complying with the\nprovisions of section fifty-eight shall be erected in any public hall,\nstair or shaft of any multiple dwelling.\n
N.Y. ENV Law § 37-0205 — New York Code / Act ENV / Article 37 / Title 2 / Section 37-0205
Prohibitions
Status: in_force

§ 37-0205. Prohibitions.\n  1. No package or packaging component shall be offered for sale or for\npromotional purposes by a manufacturer or distributor which includes in\nthe package itself, or in any packaging component, inks, dyes, pigments,\nadhesives, stabilizers or any other additives to which lead, cadmium,\nmercury or hexavalent chromium has been included as an element during\nmanufacture or distribution in excess of the concentration levels set\nforth in subdivision three of this section.\n  2. No product shall be offered for sale or for promotional purposes by\na manufacturer or distributor in a package which includes, in the\npackage itself or in any of its packaging components, inks, dyes,\npigments, adhesives, stabilizers or any other additives to which lead,\ncadmium, mercury or hexavalent chromium has been included as an element\nduring manufacture or distribution in excess of the concentration levels\nset forth in subdivision three of this section.\n  3. The sum of the concentration levels of lead, cadmium, mercury or\nhexavalent chromium present in any package or packaging component shall\nnot exceed the following prior to incineration:\n  600 parts per million by weight (0.06%), effective January 1, 1992\n  250 parts per million by weight (0.025%), effective January 1, 1993\n  100 parts per million by weight (0.01%), effective January 1, 1994.\n
N.Y. EDN Law § 1516 — New York Code / Act EDN / Title 2 / Article 31 / Section 1516
Special meeting of joint district to act regarding alteration or dissolution
Status: in_force

§ 1516. Special meeting of joint district to act regarding alteration\nor dissolution.  1. If a district superintendent, by notice in writing,\nshall require the attendance of the other district superintendents, at a\njoint meeting for the purpose of altering or dissolving a joint\ndistrict, and a majority of all the superintendents shall refuse or\nneglect to attend, such superintendents attending, or any one of them,\nmay call a special meeting of such school district for the purpose of\ndeciding whether such district shall be altered or dissolved.\n  2. If such special meeting shall vote to alter or dissolve the\ndistrict, the district superintendent or superintendents who called such\nmeeting may make an order altering or dissolving the district and shall\nrecite in such order the refusal or neglect of the other district\nsuperintendents, his call of the special meeting and the action taken at\nsuch meeting.\n
N.Y. ENV Law § 57-0207 — New York Code / Act ENV / Article 57 / Title 2 / Section 57-0207
Plan adoption
Status: in_force

§ 57-0207. Plan adoption.\n  1. After completion of a draft plan consistent with the requirements\nof section 57-0205 of this title, the town board shall hold a public\nhearing on said draft plan upon not less than ten days notice to the\npublic. Notice shall be provided in the same manner as for the adoption\nof a local law.\n  2. The town board shall receive and review all comments on the draft\nplan before final adoption.\n  3. The town board shall adopt the final plan by resolution.\n
N.Y. ELN Law § 11-219 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-219
Special federal voters; prohibiting refusal to accept voter registration and special federal ballot applications, marked special federal ...
Status: in_force

§ 11-219. Special federal voters; prohibiting refusal to accept voter\nregistration and special federal ballot applications, marked special\nfederal ballots, and federal write-in absentee ballots for failure to\nmeet certain requirements. 1. A board of elections shall not refuse to\naccept and process any otherwise valid voter registration application or\nspecial federal ballot application (including the official post card\nform prescribed under section 101 of the Uniformed and Overseas Citizens\nAbsentee Voting Act (42 USC 1973ff)) or marked special federal ballot\nsubmitted by mail or personally delivered, solely on the basis of the\nfollowing:\n  (a) Notarization requirements;\n  (b) Restrictions on paper type, including weight and size; or\n  (c) Restrictions on envelope type, including weight and size.\n  2. A board of elections shall not refuse to accept and process any\notherwise valid federal write-in absentee ballot submitted in any manner\nby a special federal voter solely on the basis of the following:\n  (a) Notarization requirements;\n  (b) Restrictions on paper type, including weight and size; or\n  (c) Restrictions on envelope type, including weight and size.\n  3. The state board of elections, in coordination with county boards of\nelections, shall develop a free access system by which a special federal\nvoter may determine whether the special federal ballot of the special\nfederal voter has been received by the appropriate board of elections.\n
N.Y. EDN Law § 2031-A — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2031-A
Electioneering within one hundred feet of polling place prohibited; distance markers
Status: in_force

§ 2031-a. Electioneering within one hundred feet of polling place\nprohibited; distance markers.  1. At every election held for the office\nof trustee or member of a board of education and at every vote upon any\nproposition or issue in a school district where the election or vote is\nheld at a different time from, and not during, the annual meeting of the\ndistrict, there shall be conspicuously placed, by the inspectors of\nelection, distance markers at a distance of one hundred feet from the\npolling place. Such distance markers shall indicate the prohibition\ncontained herein and shall be so placed at least one-half hour before\nthe opening of the polls and shall remain until the polls are closed.\n  2. At such elections or voting held at a different time from, and not\nduring, the annual meeting of the district, while the polls are open no\nperson shall do any electioneering within the polling place, or within\none hundred feet therefrom in any public street, or within such distance\nin any place in a public manner and no banner, poster or placard on\nbehalf of or in opposition to any candidate or issue to be voted upon\nshall be allowed in or upon the polling place or within one hundred feet\ntherefrom during the election.  For the purposes of this section, the\none hundred foot distance shall be deemed to include a one hundred foot\nradial measured from the entrances, designated by the inspectors of\nelection, to a building where such election is being held. This section\nshall not be deemed to prohibit the board of trustees or board of\neducation from displaying within any polling place a copy or copies of\nany budget or proposition to be voted upon.\n  3. Any person who wilfully violates the provisions of this section\nshall be guilty of a misdemeanor.\n
N.Y. ELN Law § 5-215 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-215
Veterans' absentee registration
Status: in_force

§ 5-215. Veterans' absentee registration. 1. The board of elections in\nthe county in which a veterans' hospital is located shall appoint a\nboard of registration which shall attend each veterans' hospital between\nthe hours of nine o'clock in the morning and five o'clock in the evening\non the seventh Thursday before each general election and, in the event\nthat it be necessary for the completion of its duties, on the seventh\nFriday before such election except that if any of the religious holidays\nof Yom Kippur, Rosh Hashanah, Simchas Torah, Shmini Atzereth or Succoth\nshall fall on such days, such registration shall be held on the next\nregular business day which does not fall on any of such religious\nholidays, and shall receive from residents or patients therein, or their\nspouses, parents and children, the applications of such of them as\ndesire and are qualified to be registered by absentee registration.\n  2. After the applicant completes and signs the application, or has it\nsigned for him, it shall be deposited by or for him in an envelope and\nsealed. Before receiving the next application the board shall address\nthe envelope to the board of elections in the county where the applicant\nresides and note upon a form provided for such purpose the date of the\napplication, the name and residence address of the applicant and the\nname of the hospital at which the application was received.\n  3. At the end of each day each member of such board shall sign the\nform containing the list of applicants with their names and addresses\nand they shall, no later than the next day, return the list and the\nsealed envelopes to the board of elections in the county where such\nhospital is located.\n  4. The board of elections upon receipt of such applications shall\nimmediately mail those applications that are addressed to another board\nof elections and shall process those applications addressed to it.\n  5. If a veterans health administration hospital in which any veteran\nentitled to vote in this state is a resident or patient, is located\noutside the State of New York, an application for an early mail or\nabsentee ballot signed by such veteran or his or her spouse, parent or\nchild accompanying or being with him or her, if a qualified voter and a\nresident of the same election district, shall constitute permanent\npersonal registration.\n  6. All applications made and received pursuant to this section shall\nbe processed in the manner provided herein for personal registration by\nmail.\n  7. The cost incurred by the county in which such veterans' hospital is\nlocated, for the registration of voters as herein provided, may be\napportioned to the counties in which such voters reside in proportion to\nthe number of applicants for such registration residing in such\ncounties.\n  8. The board of elections shall not be required to send a board of\ncentral registration to each veterans' hospital in such county, pursuant\nto the provisions of this section, if, in lieu thereof, it shall provide\nsuch hospital with mail registration application forms in sufficient\nquantity so that each resident or patient of such hospital who wishes to\nregister will be able to do so. A complete application received from a\nresident or patient whose residence is in a county other than the county\nin which the hospital is located shall be immediately transmitted to the\nappropriate board of elections.\n
N.Y. PBA Law § 830 — New York Code / Act PBA / Article 4 / Title 2 / Section 830
Agreement of the state
Status: in_force

§ 830. Agreement of the state. The state of New York does pledge and\nagree with the holders of any bonds that are issued under this title\nthat the state will not authorize the construction of any market\nfacilities which will be competitive with any market facilities owned or\noperated by the authority or within a reasonable sphere of operation and\nextension of market facilities by the authority, nor will it limit or\nalter the rights hereby vested in the authority to establish and collect\nsuch rentals and license fees as may be necessary or convenient to\nproduce sufficient revenues to meet the expense of maintenance and\noperation of the market facilities and to fulfill the terms of any\nagreements made with the holders of the bonds, or in any way impair the\nrights and remedies of bond holders, until the bonds, together with\ninterest thereon, with interest on any unpaid instalments of interest,\nand all costs and expenses in connection with any actions or proceedings\nby or on behalf of the bond holders, are fully met and discharged.\n
N.Y. PBA Law § 3416 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3416
Audit and annual reports
Status: in_force

§ 3416. Audit and annual reports. 1. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\ncorporation shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\npublic accountant. The corporation shall annually submit to the county\nlegislature, county executive, governor and the state comptroller and to\nthe chairperson of the senate finance committee and the chairperson of\nthe assembly ways and means committee a detailed report pursuant to the\nprovisions of section twenty-eight hundred of this chapter, and a copy\nof such report shall be filed with the clerk of the county legislature\nand the county executive.\n  2. The corporation shall report on an annual basis the following\ninformation: the name, principal business address and principal business\nactivities of each subsidiary of the corporation; the name of all board\nmembers and officers of each subsidiary; the number of employees of each\nsubsidiary; a list of all contracts in excess of one hundred thousand\ndollars entered into by the corporation and its subsidiaries identifying\nthe amount, purpose and duration of such contract; and a financial\nstatement, income statement, and balance sheet performed by an\nindependent certified public accountant all in accordance with generally\naccepted accounting principles of the corporation and each of its\nsubsidiaries. At the time the reports required by subdivision one of\nthis section are submitted, such reports shall be provided to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate and a copy of such report shall be filed with the clerk of the\ncounty legislature and the county executive.\n
N.Y. VAT Law § 205 — New York Code / Act VAT / Title 2 / Article 2 / Section 205
County clerks as agents of the commissioner; fees
Status: in_force

§ 205. County clerks as agents of the commissioner; fees. 1. The clerk\nof each county, except the counties of Rockland, Albany, Westchester,\nSuffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond and New York,\nshall act as the agent of the commissioner in the registration of motor\nvehicles, motorcycles, and when directed by the commissioner\nsnowmobiles, vessels and all terrain vehicles, and in the issuance of\ncertificates thereof and number plates therefor, in receiving documents\nrelating to certificates of title, and unless and until the commissioner\nshall otherwise direct in any county, in the issuance of non-driver\nidentification cards and drivers' licenses upon the certification of\ninspectors, and motor vehicle enforcement transactions. Each such agent\nshall remit to the commissioner all fees collected by him for\nregistrations, licenses, identification cards and transfers or relating\nto certificates of title, except as hereinafter provided, together with\na complete record of such registrations, identification cards and\nlicenses issued and transfers made, in accordance with the procedure\nprescribed by the commissioner, and with all documents relating to\ncertificates of title received and such record thereof as the\ncommissioner prescribes.\n  2. The commissioner may authorize such county clerk to establish one\nor more temporary branch offices within the county, when deemed\nnecessary, to issue certificates of registration, and number plates\ntherefor for motor vehicles, motorcycles, snowmobiles and vessels or the\nrenewal or issuance of non-driver identification cards and drivers'\nlicenses on certification of inspectors or to receive documents relating\nto certificates of title. The work in such temporary branch offices\nshall be performed by one or more employees of the clerk's office\ndesignated for the purpose without additional compensation. The expenses\nactually and necessarily incurred by the county clerk or such employees\nshall be a charge against the county.\n  3. Each such county clerk shall retain from fees collected for any\nmotor vehicle related service described in subdivision one of this\nsection processed by such county clerk an amount based on a percentage\nof gross receipts collected. For purposes of this section, the term\n"gross receipts" shall include all fines, fees and penalties collected\npursuant to this chapter by a county clerk acting as agent of the\ncommissioner, but shall not include any state or local sales or\ncompensating use taxes imposed under or pursuant to the authority of\narticles twenty-eight and twenty-nine of the tax law and collected by\nsuch clerk on behalf of the commissioner of taxation and finance. The\nretention percentage shall be 10.75 percent.\n  3-a. In addition to the fees retained pursuant to subdivision three of\nthis section, each county clerk acting as the agent of the commissioner\npursuant to subdivision one of this section shall retain a percentage of\n"enhanced internet and electronic partner revenue" collected by the\ncommissioner. For the purposes of this subdivision, "enhanced internet\nand electronic partner revenue" shall mean the amount of gross receipts\nattributable to all transactions conducted on the internet by residents\nof such county and by designated partners of the department on behalf of\nsuch residents for the current calendar year. The commissioner shall\ncertify the amounts to be retained by each county clerk pursuant to this\nsubdivision. The retention percentage shall be 10.75 percent.\n  4. The commissioner may prescribe minimum staff requirements to be\nmaintained by county clerks for the performance of their duties as\nagents of the commissioner. No such staff requirements shall require\nexpenditures in excess of the amount of the percentage of gross receipts\nretained by any county or county clerk pursuant to subdivision three of\nthis section.\n  5. For registration renewals pursuant to subdivision two of section\nfour hundred three of this chapter, the commissioner shall reimburse\neach county clerk the actual postage expense incurred by such clerk in\nmailing a number plate or plates to a registrant, provided that mailing\nof such number plate or plates has been done in a manner prescribed by\nthe commissioner.\n
N.Y. EDN Law § 2009 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2009
Additional requirements of notice where tax to be authorized to be levied in installments
Status: in_force

§ 2009. Additional requirements of notice where tax to be authorized\nto be levied in installments.  Where any proposition is to be submitted\nto an annual or special district meeting or election authorizing a tax\nto be levied in installments as a condition precedent to the issuance of\nobligations of the district the notice of the meeting shall, in addition\nto complying with the requirements of this article, also comply with the\nrequirements of section four hundred sixteen of this chapter and\napplicable provisions of the local finance law.\n
N.Y. PBA Law § 531 — New York Code / Act PBA / Article 3 / Title 2 / Section 531
Moneys of the authority
Status: in_force

§ 531. Moneys of the authority. 1. All moneys of the authority from\nwhatever source derived shall be paid to the comptroller as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe moneys in such accounts shall be paid out on check of the\ncomptroller on requisition of the chairman of the authority or of such\nother person as the authority may authorize to make such requisition.\nAll deposits of such moneys shall, if required by the comptroller or the\nauthority, be secured by obligations of the United States or of the\nstate of New York of a market value equal at all times to the amount of\nthe deposit and all banks and trust companies are authorized to give\nsuch security for such deposits. The comptroller and his legally\nauthorized representatives are hereby authorized and empowered from time\nto time to examine the accounts and books of the authority including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other matters relating to its financial standing.\n  2. The authority shall have power notwithstanding the provisions of\nthis section, to contract with the holders of any of its bonds or notes\nas to the custody, collection, securing, investment and payment of any\nmoneys of the authority, or any moneys held in trust or otherwise for\nthe payment of bonds or notes or in any way to secure bonds or notes,\nand to carry out any such contract notwithstanding that such contract\nmay be inconsistent with the previous provisions of this section. Moneys\nheld in trust or otherwise for the payment of bonds or notes or in any\nway to secure bonds or notes and deposits of such moneys may be secured\nin the same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits.\n  3. After reserving sufficient moneys to provide for payment of the\ncost of improvement and repair of the existing bridges, the authority\nshall apply the remainder of its funds not otherwise obligated in\nreduction or extinguishment of any bonds of the authority outstanding at\nthe time this act takes effect.\n  4. Except as otherwise provided by this act, any moneys of the\nauthority which are not immediately required may be invested in\nobligations of the categories specified in subdivisions one to five,\nboth inclusive, of section ninety-eight of the state finance law\nmaturing or redeemable at the option of the holder within two years of\nthe date of such investments or in a certificate of deposit of a bank or\ntrust company in this state.\n
N.Y. SOS Law § 153-B — New York Code / Act SOS / Article 5 / Title 2 / Section 153-B
Reimbursement for services
Status: in_force

§ 153-b. Reimbursement for services.  Expenditures made by a social\nservices district for the purposes of this chapter as authorized by\nsection one hundred thirty-one-g of this chapter shall, if approved by\nthe department, be subject to reimbursement by the state not pursuant to\nsection one hundred fifty-three or any other provision of this chapter,\nbut, in accordance with the regulations of the department to the extent\nof any and only in the amount of federal funds, if any properly received\nor to be received on account of such expenditures.\n
N.Y. PBH Law § 242*2 — New York Code / Act PBH / Article 2 / Title 2-F / Section 242*2
Preparation and distribution of reports
Status: in_force

* § 242. Preparation and distribution of reports. The department shall\nsubmit a biennial report to the governor and the legislature describing\nthe activities of the office and health status of minority areas. The\nfirst such report shall be transmitted on or before September first,\nnineteen hundred ninety-four. Such report shall contain the following\ninformation:\n  1. Activities of the office of health equity, expenditures incurred in\ncarrying out such activities, and anticipated activities to be\nundertaken in the future.\n  2. Progress in carrying out the functions and duties listed in section\ntwo hundred forty-one of this title.\n  3. An analysis of the health status of underserved populations,\nincluding those populations within racially and ethnically diverse\nareas, and the status of health delivery systems serving those\ncommunities. Such analysis shall be conducted in cooperation with the\nhealth equity council and other interested agencies.\n  4. Any recommended improvements to programs and/or regulations that\nwould enhance the cost effectiveness of the office, and programs\nintended to meet the health and health care needs of underserved\npopulations.\n  * NB There are 2 § 242's\n
N.Y. PBH Law § 324 — New York Code / Act PBH / Article 3 / Title 2 / Section 324
Local health officer; general powers and duties
Status: in_force

§ 324. Local health officer; general powers and duties.  1. In\naddition to such other duties as may be lawfully imposed upon him and\nsubject to the provisions of this chapter and the sanitary code, every\nhealth officer shall:\n  (a) make an annual sanitary survey and maintain sanitary supervision\nover the territory within his jurisdiction;\n  (b) make a sanitary inspection periodically of all places of public\nassemblage, and report thereon to those responsible for the maintenance\nof such places of public assemblage;\n  (c) promote the spread of information as to the causes, nature and\nprevention of prevalent diseases, and the preservation and improvement\nof health;\n  (d) take such steps as may be necessary to secure prompt and full\nreports by physicians of reportable diseases and prompt and complete\nregistration of births and deaths;\n  (e) enforce within his jurisdiction the provisions of this chapter and\nthe sanitary code; and,\n  (f) attend conferences called by the commissioner or his authorized\nrepresentatives.\n  2. The health officer may employ such persons as shall be necessary to\nenable him to carry into effect the orders and regulations of the board\nof health and the provisions of this chapter and of the sanitary code,\nand fix their compensation within the limits of the appropriation\ntherefor.\n  3. A health officer appointed for two or more towns or villages shall\nhave and exercise in each such town or village all the rights, powers,\nduties and obligations conferred and imposed by law upon a health\nofficer therein, in the same manner as though appointed separately,\nrather than jointly, by the local boards of health for each such town or\nvillage.\n
N.Y. DOM Law § 76-D — New York Code / Act DOM / Article 5-A / Title 2 / Section 76-D
Notice; opportunity to be heard; joinder
Status: in_force

§ 76-d. Notice; opportunity to be heard; joinder. 1. Before a child\ncustody determination is made under this article, notice and an\nopportunity to be heard in accordance with the standards of section\nseventy-five-g of this article must be given to all persons entitled to\nnotice under the law of this state as in child custody proceedings\nbetween residents of this state, any parent whose parental rights have\nnot been previously terminated, and any person having physical custody\nof the child.\n  2. This article does not govern the enforceability of a child custody\ndetermination made without notice or an opportunity to be heard.\n  3. The obligation to join a party and the right to intervene as a\nparty in a child custody proceeding under this article are governed by\nthe laws of this state as in child custody proceedings between residents\nof this state.\n
N.Y. LAB Law § 517 — New York Code / Act LAB / Article 18 / Title 2 / Section 517
Remuneration
Status: in_force

§ 517. Remuneration.  1. Inclusions. "Remuneration" means every form\nof compensation for employment paid by an employer to his employee;\nwhether paid directly or indirectly by the employer, including salaries,\ncommissions, bonuses, and the reasonable money value of board, rent,\nhousing, lodging, or similar advantage received. Where gratuities are\nreceived by the employee in the course of his employment from a person\nother than his employer, the value of such gratuities shall be\ndetermined by the commissioner and be deemed and included as part of his\nremuneration paid by his employer.\n  2. Exclusions. Remuneration does not include:\n  (a) The amount of any payment made to, or on behalf of, any employee\nor any of his dependents under a plan or system established by an\nemployer which makes provision for his employees generally, or for such\nemployees and their dependents, or for a class or classes of his\nemployees, or for a class or classes of such employees and their\ndependents, including any amount paid by an employer for insurance or\nannuities, or into a fund, to provide for any such payment, on account\nof retirement, or sickness or accident disability, or medical or\nhospitalization expenses in connection with sickness or accident\ndisability, or death.\n  (b) Payment by an employer without deduction from the remuneration of\nthe employee of the tax imposed upon an employee under the federal\ninsurance contributions act.\n  (c) Any payment made to an employee, including any amount paid by an\nemployer for insurance or annuities, or into a fund, to provide for any\nsuch payment, on account of retirement.\n  (d) Any payment on account of sickness or accident disability, or\nmedical or hospitalization expenses in connection with sickness or\naccident disability, made by an employer to, or on behalf of, an\nemployee after the expiration of six calendar months following the last\ncalendar month in which the employee worked for such employer.\n  (e) Any payment made to, or on behalf of, an employee or his\nbeneficiary from or to a trust described in section four hundred one (a)\nof the federal internal revenue code which is exempt from tax under\nsection five hundred one (a) of such code at the time of such payment\nunless such payment is made to an employee of the trust as remuneration\nfor services rendered as such employee and not as a beneficiary of the\ntrust, or under or to an annuity plan which, at the time of such\npayment, meets the requirements of section four hundred one (a) (3),\n(4), (5), and (6) of such code.\n  (f) Compensation paid in any medium other than cash to an employee for\nservice not in the course of the employer's trade or business.\n  (g) Any payment, other than vacation or sick pay, made to an employee\nafter the month in which he attains the age of sixty-five, if he did not\nwork for the employer in the period for which such payment is made.\n  (h) Dismissal payments.\n  (i) Any payment made by an employer who is not liable for\ncontributions under this article or for payments in lieu of\ncontributions.\n
N.Y. EDN Law § 2108 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2108
Notice and acceptance of election
Status: in_force

§ 2108. Notice and acceptance of election.  1. The district clerk\nshall forthwith notify in writing each person elected to office of his\nelection and the date thereof.\n  2. Such person shall be deemed to have accepted the office, unless\nwithin five days after the service of such notice, he shall file his\nwritten refusal with the clerk.  The presence of any such person at the\nmeeting which elects him to office, shall be deemed a sufficient notice\nto him of his election.\n
N.Y. GMU Law § 908 — New York Code / Act GMU / Article 18-A / Title 2 / Section 908
County of Delaware industrial development agency
Status: in_force

* § 908. County of Delaware industrial development agency. For the\nbenefit of the county of Delaware and the inhabitants thereof, and\nindustrial development agency, to be known as the COUNTY OF DELAWARE\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the county of Delaware. The agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 1515 — New York Code / Act EDN / Title 2 / Article 31 / Section 1515
Dissolution or alteration of joint district
Status: in_force

§ 1515. Dissolution or alteration of joint district.  The majority of\nthe district superintendents within whose districts any joint school\ndistrict lies may make an order at a meeting duly called by one of such\nsuperintendents altering or dissolving such district.\n
N.Y. GOB Law § 1-203 — New York Code / Act GOB / Article 1 / Title 2 / Section 1-203
Provisions excluding application of certain sections to matters previous to dates of their original enactment
Status: in_force

§ 1-203. Provisions excluding application of certain sections to\nmatters previous to dates of their original enactment. 1. Section 1-202\napplies to all obligations arising on or after September first, nineteen\nhundred seventy-four.\n  2. Section 3-101 applies to contracts made on or after April\nthirteenth, nineteen hundred forty-one.\n  3. Section 3-107 applies to contracts made on or after September\nfirst, nineteen hundred sixty-one.\n  5. Section 3-311 does not affect any interest or right of survivorship\nexisting prior to April twentieth, nineteen hundred fifty-nine.\n  7. Subdivision two of section 3-313 does not affect any right, cause\nof action or defense existing prior to September first, nineteen hundred\nthirty-seven.\n  9. Section 5-301 applies to undertakings or promises made on or after\nJanuary twenty-fifth, nineteen hundred thirty-five.\n  11. Section 5-903 applies to contracts executed or renewed after\nOctober first, nineteen hundred sixty-one.\n  13. Section 5-1103 applies to agreements made on or after April sixth,\nnineteen hundred thirty-six; sections 5-1105, 5-1107 and 5-1109 apply to\nassignments, promises or offers made on or after September first,\nnineteen hundred forty-one.\n  15. Section 5-1115 applies to deeds or conveyances delivered on or\nafter September first, nineteen hundred forty-four.\n  17. Section 5-1311 applies to contracts made after May twenty-sixth,\nnineteen hundred thirty-six.\n  19. Section 9-101 applies to injuries sustained after September first,\nnineteen hundred forty-six.\n  21. Section 13-107 applies to transfers made after September first,\nnineteen hundred fifty.\n  23. Title 1 of Article 15 applies to obligations arising on or after\nApril sixth, nineteen hundred twenty-eight.\n  25. a. Subdivision one of section 15-301 applies to agreements or\ninstruments executed on or after September first, nineteen hundred\nforty-one.\n  b. Subdivisions two, three and four of section 15-301 apply to\nagreements or instruments executed on or after September first, nineteen\nhundred fifty-two.\n  c. Subdivision five of section 15-301 applies to agreements, evidences\nof termination, notices of termination or waivers with respect to\nagreements or other instruments executed on or after April fifth,\nnineteen hundred forty-four.\n  27. Section 15-303 applies to written instruments executed on or after\nApril third, nineteen hundred thirty-six.\n  29. Section 15-501 applies to executory accords made on or after March\neighteenth, nineteen hundred thirty-seven.\n  31. Subdivision one of section 15-503 applies to offers made on or\nafter March eighteenth, nineteen hundred thirty-seven.\n  33. Section 17-103 applies to promises made on or after September\nfirst, nineteen hundred sixty-one.\n  35. Section 17-105 applies to waivers, promises, agreements, recitals\nand acknowledgments made on or after September first, nineteen hundred\nsixty-one.\n  37. Section 17-107 applies to payments made on or after September\nfirst, nineteen hundred sixty-one.\n
N.Y. DOM Law § 112-A — New York Code / Act DOM / Article 7 / Title 2 / Section 112-A
Expedited calendaring of adoption proceedings
Status: in_force

§ 112-a. Expedited calendaring of adoption proceedings. 1. The\nadoption proceeding shall be deemed filed upon receipt by the clerk of\nthe court of all the documents required in subdivisions two, two-a,\nthree, five and seven of section one hundred twelve of this title, and\nby rules of the court, together with an affidavit of readiness from the\npetitioner's attorney. The affidavit of readiness shall attest that the\npetitioner has prepared a petition for the adoption of the child and has\ncollected documentation as required by such rules and subdivisions two,\ntwo-a, three and five of section one hundred twelve of this title.\n  2. Upon the filing of the documents required by subdivision one of\nthis section, the court, pursuant to rules promulgated by the chief\nadministrator of the court, shall schedule the proceeding for a review,\nto take place within time frames established by such rules, to determine\nif there is adequate basis for approving the adoption.\n  (a) If such basis is found, the appearance of the adoptive parents and\nchild before the court for approval of the adoption shall be calendared\npursuant to such rules.\n  (b) If, upon the court's review, the court finds that there is not an\nadequate basis for approval of the adoption, the court shall direct such\nfurther hearings, submissions or appearances as may be required, and the\nproceedings shall be adjourned as required for such purposes.\n  3. The chief administrator of the court shall establish by rule time\nframes for the calendaring and disposition of adoption proceedings and\nshall report by the thirty-first day of December of each year to the\ngovernor and the temporary president of the senate, speaker of the\nassembly, and chairpersons of the judiciary and children and families\ncommittees on the implementation of such rules and their impact upon\nadoptions from authorized agencies.\n
N.Y. EDN Law § 1909 — New York Code / Act EDN / Title 2 / Article 39 / Section 1909
State aid
Status: in_force

§ 1909. State aid. 1. Public moneys shall be apportioned to such\ncentral high school district on account of the central high school\nmaintained therein, in the same amount and under the same conditions as\nin the case of apportionments to union free school districts on account\nof secondary instruction given in the public schools of such districts,\nunder the provisions of this chapter. There shall be apportioned to such\ncentral high school district the amounts allowed by section two thousand\nforty-five of this chapter for the instruction of non-resident academic\npupils, on account of pupils attending the high school in such central\nhigh school district from a district or districts included in such\ncentral high school district not maintaining an academic department at\nthe time of the establishment of such district.\n  2. Any state aid representing tax savings duly provided by a component\nschool district of the central high school district pursuant to section\nthirteen hundred six-a of the real property tax law for taxes levied to\nfund expenditures of the central high school district shall be claimed\nby such component school district pursuant to subdivision three of\nsection thirteen hundred six-a of the real property tax law, and any\nresulting payment of state aid to the component school district based on\nsuch tax savings shall be paid by the component school district, within\nten days after receipt of such payment, over to the treasurer of such\ncentral high school district in an amount equal to the product of the\ntotal payment received by such component school district for all tax\nsavings provided pursuant to section thirteen hundred six-a of the real\nproperty tax law multiplied by the quotient of the tax savings provided\nfor taxes levied to fund expenditures of the central high school\ndistrict divided by the total tax savings duly provided by such\ncomponent school district pursuant to section thirteen hundred six-a of\nthe real property law.\n
N.Y. RSS Law § 16-D — New York Code / Act RSS / Article 2 / Title 2 / Section 16-D
Amortization of a portion of the state's contribution bill for fiscal year ending March thirty-first, two thousand six
Status: in_force

§ 16-d. Amortization of a portion of the state's contribution bill for\nfiscal year ending March thirty-first, two thousand six. a. If the\ncomptroller, in his or her discretion, decides to permit amortization of\nemployer contributions pursuant to this section, then, on the basis of\nthe annual actuarial valuation made as of April first, two thousand four\nas provided for in this chapter, the comptroller shall determine the\namount (exclusive of payments for group term life insurance, deficiency\npayments, adjustments relating to prior fiscal years' obligations and\nobligations pertaining to retirement incentives or any other obligations\nthat the state is permitted to pay on an amortized basis) required to be\npaid pursuant to section twenty-three-a of this article for the fiscal\nyear ending March thirty-fist, two thousand six. The amount by which the\ncontribution amount with respect to the fiscal year ending March\nthirty-first, two thousand six exceeds nine and one-half percent of the\nestimated pensionable salary base for the fiscal year ending March\nthirty-first, two thousand six shall be the "amount eligible for\namortization." The "amount eligible for amortization" may be amortized\nover a ten-year period at eight percent interest per annum, with the\nfirst of ten equal payments payable during the fiscal year ending March\nthirty-first, two thousand seven, provided, however, that on or before\nSeptember first, two thousand five, the comptroller, in his or her\ndiscretion, may establish a fixed rate of interest per annum to be\napplied to the unpaid balance of the amounts eligible for amortization\nof all employers, which more closely approximates a market rate of\nreturn on taxable fixed rate securities with similar terms issued by\ncomparable issuers.\n  b. The state may, in lieu of paying its bill for fiscal year ending\nMarch thirty-first, two thousand six, pay a lesser amount during the\nfiscal year ending March thirty-first, two thousand six which shall be\ndetermined by the comptroller by adding the following two amounts\ntogether:\n  (1) the entire bill for the fiscal year ending on March thirty-first,\ntwo thousand six, calculated pursuant to section twenty-three-a of this\narticle (without reference to this section) less the "amount eligible\nfor amortization" determined pursuant to subdivision a of this section,\nand\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section sixteen-c\nof this article, if applicable.\n  c. If the state makes the payment provided for in subdivision b of\nthis section, the state shall pay during the fiscal year ending March\nthirty-first, two thousand seven an amount determined by the comptroller\nby adding the following three amounts together:\n  (1) the state's entire bill for the fiscal year ending March\nthirty-first, two thousand seven, calculated pursuant to section\ntwenty-three-a of this article (without reference to this section),\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of this section, and\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section sixteen-c\nof this title, if applicable.\n  d. The remaining amortized payments determined pursuant to section\nsixteen-c of this title and pursuant to this section shall be due and\npayable each subsequent fiscal year during the applicable amortization\nperiod. The comptroller shall have the authority to permit the\npre-payment of the remaining balance of the "amount eligible for\namortization," determined pursuant to both such sections subject to the\nfollowing:\n  (1) on or before August first, two thousand five, in addition to\nadvising with respect to the amount due for the current year billing and\nfor the payment of the amortized annual installments determined pursuant\nto section sixteen-c of this title and pursuant to this section, the\ncomptroller shall advise the state of the total amount due and be\nauthorized to accept pre-payment in full of said amount for fiscal year\nending March thirty-first, two thousand six.\n  (2) on or before each subsequent August first during the amortization\nperiods, in addition to the amount due for the current year billing and\nfor the payment of the annual amortized installments, the comptroller\nshall advise the state of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nfor that fiscal year.\n
N.Y. EDN Law § 2507 — New York Code / Act EDN / Title 2 / Article 51 / Section 2507
Superintendent of schools; associate superintendents
Status: in_force

§ 2507. Superintendent of schools; associate superintendents.  1. The\nsuperintendent and any associate superintendent of schools in each\nschool district shall hold his position subject to the pleasure of the\nboard of education, except that the superintendent of schools may be\nappointed for a term of not to exceed five years, provided that the\nterms or provisions of any employment contract between the\nsuperintendent and the board of education relating to an increase in\nsalary, compensation or other benefits, shall not be based on or tied to\nthe terms of any contract or collective bargaining agreement that the\nboard of education has or will enter with the teachers or other\nemployees of the school district.\n  2. A superintendent or an associate superintendent may vacate his\nposition by filing a written resignation with the board of education.\nNo person shall be eligible to the position of superintendent of\nschools, deputy superintendent of schools, associate superintendent of\nschools, assistant superintendent of schools or other superintendent of\nschools in such city school district unless he shall possess or be\nentitled to a superintendent's certificate as provided in section three\nthousand three of this chapter.\n
N.Y. PBH Law § 2724 — New York Code / Act PBH / Article 27-B / Title 2 / Section 2724
Commissioner; additional functions, powers and duties
Status: in_force

§ 2724. Commissioner; additional functions, powers and duties.  In\norder to further the declared purposes of this title, the commissioner\nshall have the following functions, powers and duties:\n  1. to develop programs for screening, evaluation and treatment of\nhypertension;\n  2. to enter into contracts and agreements to provide for the\nscreening, evaluation and treatment of hypertension pursuant to this\nsection by July first, nineteen hundred eighty-two;\n  3. to require as the commissioner may determine to be appropriate that\nany facility established, incorporated, licensed or regulated pursuant\nto the provisions of article twenty-eight or forty-seven of this\nchapter, test for hypertension as part of their ordinary and regular\ncare or treatment of patients and as necessary screen, treat and\ndiagnose the incidence of hypertension;\n  4. to apply for special grants from the federal government and any\ninstitution making grants for such purposes and use any monies so\nobtained to supplement any other monies made available from any source\nfor the purposes of this title;\n  5. to require persons receiving treatment for hypertension in any\ncenter providing such treatment to pay a fee established by the\ncommissioner on a sliding fee scale based on the treatment recipient's\nability to pay after applying against the total cost of such treatment\nthe amounts received from third party payors.\n
N.Y. PBH Law § 2226 — New York Code / Act PBH / Article 22 / Title 2 / Section 2226
Tuberculosis; death or removal of patient from premises; notice to health officer
Status: in_force

§ 2226. Tuberculosis; death or removal of patient from premises;\nnotice to health officer.  In case of the vacation of any apartment or\npremises by the death or removal therefrom of a person having\ntuberculosis, it shall be the duty of the attending physician, or if\nthere be no such physician, or if such physician be absent, of the\nowner, lessee, occupant, or other person having charge of the said\napartment or premises, within twenty-four hours thereafter, to notify\nthe health officer of the local health district of said death or\nremoval.\n
N.Y. GMU Law § 923-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 923-A
County of Westchester industrial development agency
Status: in_force

* § 923-a. County of Westchester industrial development agency. For\nthe benefit of the county of Westchester and the inhabitants thereof, an\nindustrial development agency, to be known as the COUNTY OF WESTCHESTER\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Westchester and such\nagency shall take into consideration the local zoning and planning\nregulations as well as regional and local land use plans. The agency\nshall not use its funds to commence any project unless (i) at least\nthirty days' prior notice of such project shall have been given to each\nlocal municipality in which a part or parts of the project is, or is to\nbe, located and (ii) no objection, by resolution of the governing body\nof such municipality, shall have been made and delivered to the agency\nwithin such thirty days. Notwithstanding the provisions of the next\npreceding sentence, in the case of a project which is, or is to be,\nlocated within a village within the county of Westchester, notice to\nsuch village shall be sufficient as to any part or parts of the project\nwithin the village and no other notice shall be required to be given to\nany other municipality in which such village is located with respect\nthereto. It shall be organized in a manner prescribed by and be subject\nto the provisions of title one of article eighteen-A of this chapter and\nshall consist of seven members. Its members shall be appointed by the\nchief executive officer of the county of Westchester, subject to\nconfirmation by its governing body. The agency, its members, officers\nand employees, and its operations and activities shall in all respects\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. LAB Law § 510 — New York Code / Act LAB / Article 18 / Title 2 / Section 510
Application of definitions
Status: in_force

§ 510. Application of definitions.  Whenever used in this article, the\nterms defined in this title have the respective meanings set forth\nherein except where the context shows otherwise.\n
N.Y. EDN Law § 2029 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2029
Poll list
Status: in_force

§ 2029. Poll list.  A poll list containing the name and legal\nresidence of every person whose vote shall be received shall be kept by\nthe clerk and the assistant clerk or clerks of the meeting or election.\n
N.Y. PBA Law § 1045-P — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-P
Remedies of bondholders
Status: in_force

§ 1045-p. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (i) of subdivision four of\nsection one thousand forty-five-o of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the city\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county of New York.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n
N.Y. EDN Law § 1715 — New York Code / Act EDN / Title 2 / Article 35 / Section 1715
Retransfer of academy to its former trustees
Status: in_force

§ 1715. Retransfer of academy to its former trustees.  If there shall\nbe, in a dissolved union free school district, an academy which shall\nhave been adopted as the academic department of the union free school\ndistrict, under the provisions of title nine, chapter five hundred\nfifty-five of the laws of eighteen hundred sixty-four, and any amendment\nthereof, or title eight of chapter five hundred fifty-six of the laws of\neighteen hundred ninety-four, and any amendment thereof, or under this\nchapter, it shall, upon the application of a majority of the surviving\nresident former trustees or stockholders, be transferred by the board of\neducation to said former trustees or stockholders.\n
N.Y. PBA Law § 3166 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3166
Severability
Status: in_force

§ 3166. Severability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. RPT Law § 1230 — New York Code / Act RPT / Article 12 / Title 2 / Section 1230
Special equalization rates for certain school districts
Status: in_force

§ 1230. Special equalization rates for certain school districts. 1.\nThe commissioner shall establish a special equalization rate for each\nschool district enumerated in subdivision three of this section for the\nsole purpose of determining actual valuation pursuant to paragraph c of\nsubdivision one of section thirty-six hundred two of the education law.\nWhere such school district is situated in more than one assessing unit,\na special equalization rate shall be established for the area of the\ndistrict in each assessing unit.\n  2. Special equalization rates established pursuant to this section\nshall be the percentage of full value at which the taxable real property\nin a district has been assessed on an assessment roll.\n  3. Special equalization rates shall be established for the following\nschool districts:\n  Amityville union free school district\n  Brentwood school district\n  Central Islip school district\n  Freeport union free school district\n  Hempstead union free school district\n  Roosevelt union free school district\n  Tuckahoe union free school district\n  Uniondale union free school district\n  Westbury union free school district\n  Wyandanch school district\n
N.Y. RPT Law § 1222 — New York Code / Act RPT / Article 12 / Title 2 / Section 1222
Special equalization rates; state assessments
Status: in_force

§ 1222. Special equalization rates; state assessments. 1. (a) If the\ncommissioner finds that there has been a material change in level of\nassessment, it shall determine a special equalization rate for purposes\nof the assessment of special franchises and the approval of assessments\nof taxable state lands. The commissioner shall adjust the assessments\naffected by this special equalization rate and shall notify the\nappropriate assessor, county director of real property tax services and\nspecial franchise owner.\n  (b) Upon receipt of the notice referred to in paragraph (a) of this\nsubdivision, the assessor shall make the appropriate changes on the\nassessment roll. If the notice is received after the filing of the final\nassessment roll but at least ten days prior to the last day set by law\nfor a levy of taxes on that roll, the assessor shall notify the person\nor persons having custody and control of the roll for that levy of the\nchanges to be made thereto and shall provide that person or those\npersons with a copy of the notice received by the assessor from the\ncommissioner. The person or persons shall enter the changes on the roll\nand affix the notice from the commissioner.\n  (c) If the assessor or other local official is unable to make the\nappropriate changes within the time provided in paragraph (b) of this\nsubdivision, and those changes would have increased the taxable assessed\nvalue, the assessor shall determine the amount of assessed valuation\nwhich was not subject to such tax levy and shall enter that amount on\nthe assessment roll of the succeeding year in the manner provided for\nthe entry of omitted real property by title three of article five of\nthis chapter. If those changes would have decreased the assessed value,\ncorrection shall be made in the manner provided for the correction of an\nunlawful entry by title three of article five of this chapter.\n  2. If the commissioner finds that there has been a change in level of\nassessment which is not a material change in level of assessment, and if\na request for a special equalization rate is filed with the commissioner\nby either the assessing unit or a special franchise owner, the\ncommissioner shall determine a special equalization rate for assessment\npurposes if it can do so not later than ten days prior to the last date\nset by law for the levy of taxes. The commissioner shall thereupon\nadjust the assessments affected by such special equalization rate and\nshall notify the appropriate assessor, county director of real property\ntax services and special franchise owners. Upon receipt of this notice,\nthe assessor or other local official having custody and control of the\nassessment roll shall make the appropriate changes on the assessment\nroll, as provided in paragraph (b) of subdivision one of this section.\n
N.Y. ELN Law § 3-210 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-210
Election commissioners; certificate of appointment, filing of
Status: in_force

§ 3-210. Election commissioners; certificate of appointment, filing\nof.  The certificate of appointment of an election commissioner shall be\nfiled in the office of the clerk of the county where the commissioner\nresides and the clerk shall immediately notify the state board of\nelections of the appointment.\n
N.Y. ELN Law § 5-204 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-204
Local registration; general provisions for the conduct of
Status: in_force

§ 5-204. Local registration; general provisions for the conduct of.\n1. At the opening of each place of registration on each day of local\nregistration the board of inspectors shall:\n  a. See that the American flag is displayed.\n  b. Cause the election district map or maps, or certified description\nthereof, to be posted conspicuously in the registration place.\n  c. Check to see that all necessary supplies are available in order to\nproperly conduct registration.\n  d. Affix or attach to their clothing the proper identification,\nbuttons, badges or emblems issued by the board of elections pursuant to\nthe provisions of this chapter. They shall wear no other buttons, badges\nor emblems which are similar in design.\n  3. a. The inspectors of election in receiving registrations shall, by\nprinting in ink, fill out the registration poll record and the central\nfile registration record.\n  b. If the applicant's name does not appear on the list of registered\nvoters and if the applicant is not challenged, and he is found by the\ninspectors of election to be otherwise qualified, they shall complete\nhis registration as provided herein.\n  c. If the person's name appears on the list of registered voters and\nhe is residing at the same address as set forth therein, his\nregistration shall be refused as unnecessary.\n  d. If the applicant's name appears on the list of cancelled\nregistrations, the inspectors of election shall ascertain from such list\nthe reason for cancellation, and if satisfied that the reason for\ncancellation no longer exists shall register the applicant.\n  e. If the inspectors of election shall refuse to receive a\nregistration for any reason, they need not complete the registration\nrecords. They, however, shall enter the applicant's name and address on\nthe applicant's records, shall mark the word "Refused", and insert the\nreason for such refusal in the remarks section on each of such\nregistration records. In any such case, they shall inform the applicant\nof such reason, and advise the applicant of his right to appeal to the\nboard of elections for review of its decision.\n  f. If an applicant is challenged after the inspectors of election have\ncommenced to take his registration and if such applicant refuses to take\nthe challenge oath as prescribed by this article, or to answer a\nquestion appearing on the challenge affidavit, they shall not complete\nhis registration and shall insert in the remarks section of his\nregistration records the words "Challenge Oath Refused" or "Challenge\nQuestion Not Answered".\n  g. After completing the registration forms the inspectors of election\nshall require the applicant to sign the two registration records in the\nspaces provided for his signature at the time of registration.\n  h. After securing the voter's signatures, the two inspectors by whom\nthe registration is taken shall sign the records in the spaces provided.\n  k. If an applicant has removed from his residence but is still\neligible to vote from that address for a reason enumerated in this\nchapter, the inspectors shall require him to execute a statement of\ntemporary absence.\n  l. If an applicant for registration presents a court order directing\nthat he be registered, the board shall register him, enter the words\n"Court Order" in the remarks space on the face of each of his\nregistration records, write his new registration serial number on the\ntop of the first page of such order and return such order to the board\nof election with the executed certificates and forms.\n  4. The inspectors shall distribute to the voters applying for\nregistration copies of the ballot proposals to be submitted to the\nvoters at the ensuing election.\n  5. An inspector shall not remove or permit to be removed any\nregistration record or blank from the locked ledger in which it is filed\nor to insert or permit to be inserted any such record or blank in such\nledger. If a registration record blank is mutilated or voided or for any\nreason cannot be used, the board shall mark "Void" across the face of\nsuch blank and the blank of the same number in the other ledger of the\nsame set.\n  6. The map or maps furnished in cities shall be posted in the polling\nplace on the days of local registration.\n  7. There shall be no smoking in any place of registration in a church\nor school.\n  8. The inspectors shall act as a board and a majority of them shall\ndecide questions.\n  9. While the polls are open no person shall do any electioneering\nwithin the polling place, or within a one hundred foot radial measured\nfrom the entrances, designated by the inspectors of election, to a\nbuilding where the registration is being conducted. No political banner,\nposter or placard shall be allowed in or upon the place of registration\nduring any day of registration.  Where an oath is required or permitted\nby this article at any meeting for registration, any inspector may\nadminister it. The inspectors, and each of them, shall preserve good\norder within and around the place of registration and keep access\nthereto unobstructed. The board or any member thereof by order in\nwriting may direct the arrest of any person refusing to obey the lawful\ncommands of the inspectors, or guilty of disorderly conduct disturbing\ntheir proceedings, or violating, or attempting to violate, any of the\nprovisions of this chapter. Any police officer or peace officer, who is\nacting pursuant to his special duties, or any person designated by the\nboard shall execute the order.\n  10. Persons entitled to register who are on line, or in the polling\nplace, at or before the time fixed by law for closing of registration,\nshall be allowed to register.\n
N.Y. ENV Law § 37-0215 — New York Code / Act ENV / Article 37 / Title 2 / Section 37-0215
Rules and regulations
Status: in_force

§ 37-0215. Rules and regulations.\n  The commissioner shall have the power to adopt such rules and\nregulations to provide for the effective application and enforcement of\nthis title. The commissioner, to the extent practicable and appropriate,\nshall utilize the standards designated by the American Society for\nTesting and Materials in determining "unit packaging", "intermediate\npackages" and "shipping containers".\n
N.Y. EDN Law § 2054 — New York Code / Act EDN / Title 2 / Article 41 / Part 3 / Section 2054
Non-exclusivity of rights or remedies
Status: in_force

§ 2054. Non-exclusivity of rights or remedies. Nothing in this part\nshall be construed to limit, in any matter, any rights or remedies\notherwise available under law against any party or to any person or\nentity, including, but not limited to, the attorney general or the\ncomptroller of the state of New York.\n
N.Y. GMU Law § 891-E — New York Code / Act GMU / Article 18-A / Title 2 / Section 891-E
Town of Shawangunk, Ulster county industrial development agency
Status: in_force

* § 891-e. Town of Shawangunk, Ulster county industrial development\nagency. For the benefit of the town of Shawangunk, Ulster county, and\nthe inhabitants thereof, an industrial development agency, to be known\nas the TOWN OF SHAWANGUNK, ULSTER COUNTY, INDUSTRIAL DEVELOPMENT AGENCY,\nis hereby established for the accomplishment of any or all of the\npurposes specified in title one of article eighteen-A of this chapter.\nIt shall constitute a body corporate and politic, and be perpetual in\nduration. It shall have the powers and duties now or hereafter conferred\nby title one of article eighteen-A of this chapter upon industrial\ndevelopment agencies and provided that the exercise of the powers by\nsuch agency with respect to the acquisition of real property whether by\npurchase, condemnation or otherwise, shall be limited to the corporate\nlimits of the town of Shawangunk, Ulster county, and such agency shall\ntake into consideration the local zoning and planning regulations as\nwell as the regional and local comprehensive land use plans. It shall be\norganized in a manner prescribed by and be subject to the provisions of\ntitle one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Shawangunk, Ulster\ncounty. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expired per § 856\n
N.Y. PBA Law § 3153 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3153
Capital investments innovation fund
Status: in_force

§ 3153. Capital investments innovation fund. 1. Creation and purposes.\nThe capital investments innovation fund is hereby created for the\npurpose of providing loans, grants or a combination thereof through the\nregional partnerships authorized pursuant to section thirty-one hundred\nfifty-four of this title for economic development projects that\nfacilitate job growth and business expansion in New York state. However,\nnothing shall preclude the foundation, one or multiple partnerships from\njoining together to advance and receive grants, loans or combinations\nthereof for projects authorized under this section. Such fund shall\nprovide financing for programs that improve the business climate and\nenhance economic competitiveness across New York state's regions.\n  2. Eligible projects. (a) Projects eligible for capital investment\nfund financing may include, but not be limited to, those that enhance\ninnovation or increase competitiveness in emerging or high-technology\nindustries, and other industries.\n  (b) Capital investment innovation funds may be utilized for projects\nwhich include, but may not be limited to, the following: the development\nof industrial facilities and parks, manufacturing facilities, business\nparks and incubators, office facilities and parks, warehouse and\ndistribution facilities, and, high-technology and biotechnology\nresearch, development and related commercialization facilities.\n  (c) Projects intended primarily for the development of retail or\npersonal service facilities shall not be eligible.\n  3. Eligible costs. Capital investment innovation funds may be utilized\nfor purposes including but not limited to the following: infrastructure\ndevelopment, including water, sewer, highway, rail access, electric\npower, gas and telecommunications; energy efficiency improvements; site\nacquisition, site investigation, site clearance, building demolition and\nsite preparation; construction, reconstruction, and renovation, and,\nmachinery and equipment.\n  4. Project cost. Total project cost shall be a minimum of two hundred\nfifty thousand dollars, unless the board determines that circumstances\nmerit a waiver of such minimum threshold. At least two-thirds of the\nproject cost shall consist of private sector, local, or federal funding.\nHowever, those projects which offer exceptional opportunities for\nlong-term private sector job creation and retention may be eligible for\na waiver of this requirement.\n  5. Applications. Applications may be submitted to the foundation by\nthe regional partnerships on behalf of municipalities, nonprofit\norganizations, businesses, special districts, institutions of higher\neducation, or other organizations. The foundation may provide grants,\nloans or combinations thereof, provided that projects be evaluated on\nthe basis of the amount of economic impact on New York state, the\nfeasibility of business plans and long-term sustainability, as\ndetermined by the foundation, in consultation with the urban development\ncorporation.\n  6. Program rules and regulations. Following consultation with\nappropriate state and local agencies and other organizations, the\nfoundation shall promulgate rules and regulations for the award of the\ncapital investments innovation fund financing through the regional\npartnerships, provided however, that the foundation board shall oversee\nthe distribution of all funds appropriated to the capital investments\ninnovation fund program.\n
N.Y. PBA Law § 537 — New York Code / Act PBA / Article 3 / Title 2 / Section 537
Remedies of bondholders
Status: in_force

§ 537. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any of the\nbonds as the same shall become due, whether at maturity or upon call for\nredemption, and such default shall continue for a period of thirty days,\nor in the event that the authority shall fail or refuse to comply with\nthe provisions of this title, or shall default in any agreement made\nwith the holders of the bonds, the holders of twenty-five per centum in\naggregate principal amount of the bonds then outstanding, by instrument\nor instruments filed in the office of the clerk of the county of\nDutchess, Ulster, Greene or Columbia and proved or acknowledged in the\nsame manner as a deed to be recorded, may appoint a trustee, to\nrepresent the bondholders for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of the bonds then outstanding\nshall, in his or its own name\n  (a) By suit, action or special proceeding, enforce all rights of the\nbondholders, including the right to require the authority and the board\nto collect tolls and rentals adequate to carry out any agreement as to,\nor pledge of, such tolls and rentals, and to require the authority and\nthe board to carry out any other agreement with the bondholders and to\nperform its and their duties under this title;\n  (b) Bring suit upon the bonds;\n  (c) By action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) By action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders;\n  (e) Declare all bonds due and payable and if all defaults shall have\nbeen made good, then upon written request of twenty-five per centum in\nprincipal amount of the bonds then outstanding, shall annul such\ndeclaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in Dutchess, Ulster,\nGreene or Columbia county.\n  4. Before declaring the principal of all bonds due and payable the\ntrustee shall first give notice in writing to the authority and to the\nattorney-general of the state of New York and if, when such notice is\ngiven to the attorney-general the legislature shall be in session, the\ntrustee shall not declare the principal of the bonds due before the\nlegislature adjourns sine die, or if the legislature be not then in\nsession the trustee shall not declare the principal of the bonds due\nuntil such an adjournment of the next regular session. If at such\nsession the legislature shall take any action as a result of which past\ndue principal and interest with interest on past due interest, together\nwith the fees, counsel fees and expenses of the trustee and of the\nreceiver, if any, as fixed by the court, shall be paid within sixty days\nof its adjournment, default in the payment thereof shall thereby be\ncured.\n  5. Any such trustee shall, whether or not all bonds have been declared\ndue and payable, be entitled as of right to the appointment of a\nreceiver who may enter and take possession of the bridges or any part or\nparts thereof and operate and maintain the same and collect and receive\nall tolls, rentals and other revenues thereafter arising therefrom in\nthe same manner as the authority itself might do and shall deposit all\nsuch moneys in a separate account and apply the same in such manner as\nthe court shall direct. In any suit, action or proceedings by the\ntrustee the fees, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\ntolls, rentals and other revenues derived from the bridges.\n  6. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the bondholders in the enforcement and protection of\ntheir rights.\n  7. Whenever the word "bonds" or the word "bondholders" shall have been\nused in this section five hundred and thirty-seven said word shall be\ndeemed to apply only to the bonds or the holders of the bonds of the\nparticular series affected by the default or failure, and the remedies\nconferred by this section shall be available only to the holders of the\nbonds of the series, and shall apply only to the bridge or bridges\naffected by such default or failure.\n
N.Y. PBH Law § 2323 — New York Code / Act PBH / Article 23 / Title 2 / Section 2323
Houses of prostitution; injunction; temporary restraining order; service
Status: in_force

§ 2323. Houses of prostitution; injunction; temporary restraining\norder; service.  1. Where a permanent or temporary injunction is prayed\nfor, the court, or judge in vacation, on the application of the\nplaintiff, may issue an ex parte restraining order, restraining the\ndefendants and all other persons from removing or in any manner\ninterfering with the furniture, fixtures, musical instruments and\nmovable property used in conducting the alleged nuisance, until the\ndecision of the court or judge granting or refusing such temporary\ninjunction and until the further order of the court thereon.\n  2. The restraining order may be served by handing to and leaving a\ncopy of said order with any person in charge of said property or\nresiding in the premises, and by posting a copy thereof in a conspicuous\nplace at or upon one or more of the principal doors at entrances of such\npremises where such nuisance is alleged to be maintained, or by either\nsuch delivery or posting.\n  3. The officers serving such restraining order shall forthwith make\nand return into court an inventory of the personal property situated in\nand used in conducting or maintaining said nuisance and shall enter upon\nthe premises for such purpose.\n  4. Where such order is so posted, mutilation or removal thereof, while\nthe same remains in force, shall be a contempt of court, provided such\nposted order contains thereon or therein a notice to that effect.\n
N.Y. EDN Law § 2205 — New York Code / Act EDN / Title 2 / Article 45 / Section 2205
Qualifications of district superintendent
Status: in_force

§ 2205. Qualifications of district superintendent. 1. To be eligible\nto appointment to the office of district superintendent of schools a\nperson must be at least twenty-one years of age, a citizen of the United\nStates and a resident of the state. No person shall be ineligible on\naccount of sex.\n  2. In addition thereto he shall possess or be entitled to a\nsuperintendent's certificate as provided in section three thousand three\nof this chapter.\n  3. A district superintendent who is removed from office shall not be\neligible for appointment to such office in any supervisory district for\na period of five years.\n
N.Y. ELN Law § 14-201 — New York Code / Act ELN / Article 14 / Title 2 / Section 14-201
Political committee registration
Status: in_force

§ 14-201. Political committee registration. 1. Political committees,\nas defined pursuant to subdivision one of section 14-100 of this\narticle, shall register with the state board of elections before making\nany contribution or expenditure. The state board of elections shall\npublish a cumulative list of political committees that have registered,\nincluding on its webpage, and regularly update it.\n  2. Only one authorized committee per candidate per elective office\nsought. Before receiving any contribution or making any expenditure for\na covered election, each candidate shall notify the PCFB as to the\nexistence of their authorized committee that has been approved by such\ncandidate. Candidates may designate an existing authorized political\ncommittee that is associated with and approved by such candidate for the\nelective office sought, including an authorized political committee from\na previous election cycle, and shall not be required to establish a new\nauthorized committee for each election cycle. Each candidate shall have\none and only one authorized committee per elective office sought. Each\nauthorized committee shall have a treasurer.\n  3. (a) In addition to each authorized and political committee\nreporting to the PCFB every contribution and loan received and every\nexpenditure made in the time and manner prescribed by sections 14-102,\n14-104, and 14-108 of this article, each authorized and political\ncommittee for participating candidates shall also submit disclosure\nreports on March fifteenth of each election year reporting to the PCFB\nevery contribution and loan received and every expenditure made. For\ncontributors who make aggregate contributions of one hundred dollars or\nmore, each authorized and political committee shall report to the PCFB\nthe occupation and business address of each contributor and lender. The\nPCFB shall revise, prepare, and post forms on its webpage that\nfacilitate compliance with the requirements of this section.\n  (b) The PCFB shall review each disclosure report filed and shall\ninform authorized and political committees of relevant questions it has\nconcerning: (i) compliance with requirements of this title and of the\nrules issued by the PCFB, and (ii) qualification for receiving public\nmatching funds pursuant to this title. In the course of this review, it\nshall give authorized and political committees an opportunity to respond\nto and correct potential violations and give candidates an opportunity\nto address questions it has concerning their matchable contribution\nclaims or other issues concerning eligibility for receiving public\nmatching funds pursuant to this title.\n  (c) Contributions that are not itemized in reports filed with the PCFB\nshall not be matchable.\n  (d) Participating candidates may file reports of contributions as\nfrequently as once a week on Monday so that their matching funds may be\npaid at the earliest allowable date.\n
N.Y. ELN Law § 9-218 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-218
Proceedings by boards of canvassers to carry into effect a court order
Status: in_force

§ 9-218. Proceedings by boards of canvassers to carry into effect a\ncourt order. 1. Upon the re-convening of the state board of canvassers\nor any county board of canvassers, or of the board of elections of the\ncity of New York as a county or city board of canvassers, by order of a\ncourt of competent jurisdiction, for the purpose of correcting an error\nor of performing a duty imposed by law or by an order of the court\ngranted pursuant to law, the meeting for that purpose shall be deemed a\ncontinuance of its regular session, and any new or corrected statement,\ndetermination or certificate which is made to give effect to the order\nshall stand in lieu of the original statement, determination or\ncertificate.\n  2. When a new or corrected statement or certificate, to give effect to\nan order of the court, shall vary from the original statement or\ncertificate respecting the votes cast for an office for which the state\nboard of canvassers is required to canvass statements made by county\nboards, the board of elections forthwith shall transmit certified copies\nof the new or corrected statement or certificates to the state board of\nelections. The state board of canvassers shall meet within five days\nafter such a certified copy has been received by the state board of\nelections.  From such certified copy, such board shall make a new\nstatement as to the votes for such office cast in the state or political\nsubdivision in which such office is filled, and shall determine and\ndeclare what person or persons whose votes are affected by such new or\ncorrected statement have been, by the greatest number of votes, duly\nelected to the office or offices. The state board of canvassers and the\nstate board of elections shall, respectively, have the same powers and\nduties in respect to new or corrected statements that they have in\nrespect to original statements.\n
N.Y. PBH Law § 4916 — New York Code / Act PBH / Article 49 / Title 2 / Section 4916
Oversight and surveillance of the external appeal process
Status: in_force

§ 4916. Oversight and surveillance of the external appeal process. 1.\nThe commissioner shall have the power to:\n  (a) review the activities of the health care plans and external appeal\nagents pursuant to this title, including the extent to which such plans\nand agents adhere to the standards and time frames required pursuant to\nthis title;\n  (b) investigate complaints by enrollees regarding requests for and\nprocessing of external appeals; and\n  (c) conduct random audits of health care plans and external appeal\nagents to determine compliance with the provisions of this title.\n  2. Each health care plan and external appeal agent shall annually, in\nsuch form as the commissioner shall require, report the number of\nexternal appeals requested by enrollees and the outcomes of any such\nexternal appeals.\n  3. The commissioner shall annually report, by plan and agent, such\ninformation to the governor and the legislature, provided that no such\ninformation shall be included which would otherwise be deemed\nconfidential information within the meaning of this chapter.\n
N.Y. PBH Law § 609 — New York Code / Act PBH / Article 6 / Title 2 / Section 609
State aid; laboratories
Status: in_force

§ 609. State aid; laboratories. 1. Where a laboratory shall have been\nor is hereafter established pursuant to article five of this chapter,\nthe state, through the legislature and within the limits to be\nprescribed by the commissioner, shall provide aid at a per centum,\ndetermined in accordance with the provisions of subdivision two of\nsection six hundred five of this article, of the actual cost of repair,\nrelocation, equipment and maintenance of the laboratory or laboratories\nfor services associated with a core public health service, as described\nin section six hundred two of this title. Such cost shall be the excess,\nif any, of such expenditures over available revenues of all types,\nincluding adequate and reasonable fees, derived from or attributable to\nthe performance of laboratory services.\n  2. Where a county or city provides or shall have provided for\nlaboratory service by contracting with an established laboratory for\nservices associated with a core public health service, as described in\nsubdivision three of section six hundred two of this title, with the\napproval of the commissioner, it shall be entitled to state aid at a per\ncentum, determined in accordance with the provisions of subdivision two\nof section six hundred five of this article, of the cost of the\ncontracts.\n  3. The work of all laboratories except the laboratories in the\ndepartment of health in the city of New York established or for which\naid is received in accordance with the provisions of this chapter shall\nbe inspected and standardized by the commissioner and no state aid shall\nbe given to any county or city unless the area of the district, site,\ndesign and construction of the buildings, equipment, work and conduct of\nthe laboratory shall be first approved in writing, after inspection, by\nthe commissioner or his representative.\n  4. The governing body of any county or city which has established and\nis maintaining a laboratory or which is providing laboratory services by\ncontract with another laboratory and which desires to make applications\nfor state aid under this title shall annually on such dates as may be\nfixed by the commissioner submit the request of such county or city for\nsuch state aid and shall support such request with such information as\nthe commissioner may require. The commissioner shall prescribe the form\nin which such information shall be submitted.\n
N.Y. PBH Law § 421 — New York Code / Act PBH / Article 4 / Title 2 / Section 421
Boards of visitors; officers; meetings
Status: in_force

§ 421. Boards of visitors; officers; meetings.  1. The board of\nvisitors of a hospital in the department shall elect a chairman from\namong its members.\n  2. (a) The board of visitors of each hospital in the department, other\nthan the institute for the study of malignant diseases, shall hold\nregular meetings at least once every three months throughout the year,\nand cause to be typewritten within ten days after each such meeting, the\nminutes and proceedings of such meeting, and cause a copy thereof, to be\nsent forthwith to each member of the board of visitors, to the\ncommissioner and to the governor.\n  (b) The board of visitors of the state institute for the study of\nmalignant diseases shall meet quarterly to consider the affairs of the\ninstitute and at the last quarterly meeting in a calendar year shall\nprepare and transmit to the commissioner, a report of the work of the\ninstitute for the twelve months preceding such meeting.\n  (c) The board of visitors of each hospital in the department may meet\nat any time on call of the chairman.\n  3. Members of a board of visitors who fail to attend meetings of the\nboard at least twice in each calendar year shall be deemed to have\nvacated their membership in such board of visitors, whereupon the\ngovernor shall fill the vacancies so created as provided by this\nchapter, unless the absence of such visitors shall be excused by the\ngovernor.\n
N.Y. RPT Law § 485-T — New York Code / Act RPT / Article 4 / Title 2 / Section 485-T
Owner occupied residential property exemption program
Status: in_force

§ 485-t. Owner occupied residential property exemption program. 1.\nDefinitions. As used in this section, the following terms shall have the\nfollowing meanings:\n  (a) "Applicant" means any person obligated to pay real property taxes\non real property, which he or she owns and upon which he or she resides,\nor will reside and for which an exemption from taxes under this section\nis sought.\n  (b) "Municipality" means any city having a population of not less than\nthirty-one thousand one hundred forty and not more than thirty-one\nthousand one hundred fifty as determined by the latest federal decennial\ncensus.\n  (c) "Residential construction work" means (i) the creation,\nmodernization, rehabilitation, expansion or other improvement of single\nfamily or two family residential property that is vacant, legally\ncondemned and has outstanding state and local building and fire code\nviolations, where the cost of remedying such violations exceeds the\nvalue of such property; or\n  (ii) the construction of a new single or two family residence of not\nless than one thousand two hundred square feet on a parcel upon which a\nprior structure was demolished.\n  2. A municipality, may, by local law, provide for the exemption of\nowner occupied residential property, which has been subject to\nresidential construction work, from taxation as provided in this\nsection. Subsequent to the adoption of such a local law, the county in\nwhich such municipality is located may, by local law, and any school\ndistrict, all or part of which is located in such municipality, may, by\nresolution, exempt such property from its taxation in the same manner\nand to the same extent as such municipality has done.\n  3. Upon the adoption of such a local law the owner occupied\nresidential property that was created, modernized, rehabilitated,\nexpanded or otherwise improved, shall be exempt from taxation and\nspecial ad valorem levies as provided for in subdivision four of this\nsection.\n  4. (a) (i) For a period of eleven years following the approval of an\napplication, the increase in assessed value of such property\nattributable to such creation, modernization, rehabilitation, expansion\nor other improvement shall be exempt as provided in subparagraph (ii) of\nthis paragraph. Such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be determined for each year\nin which there is an increase in assessed value so attributable from\nthat of the previous year's assessed value.\n  (ii) The following shall determine the computation of the tax\nexemption:\nYear of exemption   Percentage of exemption\n   1 through 3      100% of exemption base\n   4 through 5      80% of exemption base\n   6 through 7      60% of exemption base\n   8 through 9      40% of exemption base\n   10 through 11    20% of exemption base\n  (b) No such exemption shall be granted unless:\n  (i) such creation, modernization, rehabilitation, expansion or other\nimprovement was commenced subsequent to the date on which the\nmunicipality's local law took effect;\n  (ii) the cost of such creation, modernization, rehabilitation,\nexpansion or other improvement exceeds the sum of ten thousand dollars\nor such greater amount as may be specified by local law;\n  (iii) the building department has issued a certificate of occupancy\nfollowing the completion of the residential construction work; and\n  (iv) the property complies with all applicable codes and zoning laws\nof the city.\n  (c) For purposes of this section the term "creation, modernization,\nrehabilitation, expansion or other improvement" shall not include\nordinary maintenance and repairs.\n  (d) No such exemption shall be granted concurrent with or subsequent\nto any other real property tax exemption granted to the same\nimprovements to real property, except, where during the period of such\nprevious exemption, payments in lieu of taxes or other payments were\nmade to the municipality in an amount that would have been equal to or\ngreater than the amount of real property taxes that would have been paid\non such improvements had such property been granted an exemption\npursuant to this section. In such case, an exemption shall be granted\nfor a number of years equal to the eleven year exemption granted\npursuant to this section less the number of years the property would\nhave been previously exempt from real property taxes.\n  5. (a) Such exemption shall be granted only upon application by an\nowner who resides or certifies that he or she will reside on the real\nproperty on a form prescribed by the commissioner. Such application\nshall be filed with the assessor on or before the appropriate taxable\nstatus date.\n  (b) Such application must include information that discloses the scope\nof work to be undertaken and shall contain cost estimates and quotes for\nsuch work from contractors, plumbers and electricians licensed to do\nbusiness within the municipality.\n  (c) The application and the scope of work shall be reviewed by the\nmunicipal housing code enforcement officer and the appropriate fire and\nbuilding code enforcement officer who shall ensure that all proposed\nwork complies with the provisions of the New York state fire prevention\nand building code and all applicable municipal codes and ordinances.\n  6. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies as provided in this section\ncommencing with the assessment roll prepared after the taxable status\ndate referred to in subdivision five of this section. The assessed value\nof any exemption granted pursuant to this section shall be entered by\nthe assessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n
N.Y. EXC Law § 507-B — New York Code / Act EXC / Article 19-G / Title 2 / Section 507-B
Placement and commitment; papers to be furnished
Status: in_force

§ 507-b. Placement and commitment; papers to be furnished. 1.  No\nplacement or commitment order to the division which recites the facts\nupon which it was based shall be deemed or held to be invalid by reason\nof any imperfection or defect in form.\n  2. The court shall immediately notify the division of the placement or\ncommitment of any youth therewith.  The orders of the court and copies\nof the probation report and all other relevant evaluative records in the\npossession of the court, detention facility, and probation department\nrelated to such youth, including but not limited to any diagnostic,\neducational, medical, psychological and psychiatric records,\nfingerprints, photographs, a certified copy of the sentence and any\npre-sentence memoranda filed with the court, where applicable, and\nreports relating to assaults or other violent acts, attempts at suicide\nor escape by the youth shall be delivered together with the youth or\nearlier to a person authorized by the director to receive the child,\nnotwithstanding any contrary provision of law.\n  3. The court shall, before placing or committing any such youth,\ninquire into and determine the age of the youth at the time of placement\nor commitment, and the youth's age as so determined shall be stated in\nthe order.  The statement of the age of such youth in such order shall\nbe conclusive evidence as to such age in any action to recover damages\nfor allegedly unlawful detention under such order, and shall be\npresumptive evidence thereof in any other inquiry, action or proceeding\nrelating to such detention.\n  4. Notwithstanding the time frames provided in paragraph (b) of\nsubdivision four of section five hundred seven-a of this article, the\ndivision may delay acceptance of a youth placed or committed to the\ndivision in accordance with division regulations promulgated prior to\nthe effective date of this subdivision.\n
N.Y. EDN Law § 1603 — New York Code / Act EDN / Title 2 / Article 33 / Section 1603
Property held by trustees as corporation
Status: in_force

§ 1603. Property held by trustees as corporation.  All property which\nis now vested in, or shall hereafter be transferred to the trustees of a\ncommon school district, for the use of schools in the district, shall be\nheld by them as a corporation.\n
N.Y. EDN Law § 1701 — New York Code / Act EDN / Title 2 / Article 35 / Section 1701
Boards of education corporate bodies
Status: in_force

§ 1701. Boards of education corporate bodies. The board of education\nof each union free school district is hereby created a body corporate\nand it shall, at its first meeting and at each annual meeting\nthereafter, elect one of its members president.  It may also, in its\ndiscretion, elect one of its members vice president, who shall have the\npower to exercise the duties of the president in case of the absence or\ndisability of the president.  In case of vacancy in the office of\npresident, the vice president shall act as president until a president\nshall be elected.  All property which is now vested in, or shall\nhereafter be transferred to the board of education of a union free\nschool district, for the use of schools in the district, shall be held\nby them as a corporation.\n
N.Y. GMU Law § 766 — New York Code / Act GMU / Article 17-A / Title 2 / Section 766
Election and appointment of officials
Status: in_force

§ 766. Election and appointment of officials. New officials of the\nconsolidated local government entity required to be elected shall take\noffice on the first Monday of January following the election designated\nin the joint consolidation agreement or elector initiated consolidation\nplan, as the case may be. At such election, the necessary officials of\nthe consolidated local government entity shall be elected in accordance\nwith the terms of the general law affecting entities of the kind or\nclass of the consolidated local government entity. Except as otherwise\nspecified in the joint consolidation agreement or elector initiated\nconsolidation plan, all appointive officials of the consolidated local\ngovernment entity thereafter shall be appointed by the individual or\nentity upon whom the power to appoint such officials is conferred by the\nterms of the general law affecting entities of the kind or class of the\nconsolidated local government entity. Successors in office for such\nelected or appointed positions shall thereafter be elected or appointed\nat the time, in the manner and for the terms provided by the general law\naffecting entities of the kind or class of the consolidated local\ngovernment entity.\n
N.Y. PBA Law § 3850 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3850
Short title
Status: in_force

§ 3850. Short title. This title shall be known and may be cited as the\n"Buffalo fiscal stability authority act."\n
N.Y. PBH Law § 2120 — New York Code / Act PBH / Article 21 / Title 2 / Section 2120
Communicable diseases; control of dangerous and careless patients; commitment
Status: in_force

§ 2120. Communicable diseases; control of dangerous and careless\npatients; commitment.  1. Whenever a complaint is made by a physician to\na health officer that any person is afflicted with a communicable\ndisease or is a carrier of typhoid fever, tuberculosis, diphtheria or\nother communicable disease and is unable or unwilling to conduct himself\nand to live in such a manner as not to expose members of his family or\nhousehold or other persons with whom he may be associated to danger of\ninfection, the health officer shall forthwith investigate the\ncircumstances alleged.\n  2. If the health officer finds after investigation that a person so\nafflicted is a menace to others, he shall make and file a complaint\nagainst such person with a magistrate, and on such complaint the said\nperson shall be brought before such magistrate.\n  3. The magistrate after due notice and a hearing, if satisfied that\nthe complaint of the health officer is well founded and that the\nafflicted person is a source of danger to others, may commit the said\nperson to any hospital or institution established for the care of\npersons suffering from any such communicable disease or maintaining a\nroom, ward or wards for such persons.\n  4. In making such commitment the magistrate shall make such order for\npayment for the care and maintenance of the person committed as he may\ndeem proper.\n  5. A person who is committed pursuant to the provisions of this\nsection shall be deemed to be committed until discharged in the manner\nauthorized by section two thousand one hundred twenty-three of this\nchapter.\n
N.Y. RPT Law § 1426 — New York Code / Act RPT / Article 14 / Title 2 / Section 1426
Warrant for collection of taxes
Status: in_force

§ 1426. Warrant for collection of taxes. 1. Upon the completion of the\ntax levy and on or before the twentieth day of May or such other date as\nmay be applicable pursuant to section 5-510 or section 17-1729 of the\nvillage law, the village clerk shall deliver to the treasurer, one of\nthe duplicate rolls with a warrant thereto annexed, or filed therewith\nas provided in section fifteen hundred eighty-four of this chapter,\nsigned by the mayor and attested by the clerk under the corporate seal\nof the village, containing a summary statement of the purposes for which\nthe taxes are levied, as shown on such roll, the amount thereof for each\nsuch purpose and the total amount for all such purposes, and commanding\nthe treasurer to collect the taxes therein levied.\n  2. The treasurer shall give a receipt to the clerk for the warrant and\ntax roll delivered to him and shall collect the taxes and return the\nroll on or before the first day of February or such other date as may be\napplicable pursuant to section 5-510 or section 17-1729 of the village\nlaw, except that such return shall be made on or before the first day of\nNovember if unpaid village taxes are to be collected by the county\npursuant to section fourteen hundred forty-two of this title.\n
N.Y. PBH Law § 4121 — New York Code / Act PBH / Article 41 / Title 2 / Section 4121
Vital statistics; registrar; qualifications and appointment
Status: in_force

§ 4121. Vital statistics; registrar; qualifications and appointment.\n1. In each primary registration district there shall be a registrar of\nvital statistics.\n  2. Qualifications of registrars of vital statistics hereafter\nappointed may be prescribed by the public health council, provided that:\n  (a) a local health officer shall be eligible for appointment as\nregistrar of vital statistics; and,\n  (b) no licensed and registered funeral director, undertaker or\nembalmer engaged or employed in the business or practice of funeral\ndirecting, undertaking or embalming, and no other person engaged or\nemployed in the business of funeral directing, undertaking or embalming\nshall be eligible for appointment as a registrar, deputy registrar or\nsub-registrar of vital statistics.\n  3. (a) In towns and villages the registrar or registrars of vital\nstatistics shall be appointed by the town board and by the village board\nof trustees respectively; a local town clerk shall be eligible for\nappointment as registrar of his town and of any village wholly within\nsaid town in which he has an office, and a village clerk shall be\neligible for appointment as a registrar of his village and of any town\nin which he resides.\n  (b) In the cities, unless otherwise provided by charter, the registrar\nor registrars of vital statistics shall be appointed by the mayor.\n  (c) In each primary registration district consisting of a state\nhospital, charitable or penal institution, the registrar shall be the\ndirector or person in charge of such institution, provided, however,\nthat he shall receive no additional remuneration for acting as such\nregistrar.\n  (d) In an area designated as a county or part-county registration\ndistrict, the county commissioner of health or public health director\nshall be appointed by the board of supervisors as registrar of such\ncounty or part-county registration district. If there be no county\ncommissioner of health or public health director, then the board of\nsupervisors, with the approval of the commissioner, shall designate the\nregistrar. When such appointment is made, the terms of office of\nregistrars theretofore appointed within such county or part-county\nregistration district shall thereupon terminate, and the county\ncommissioner of health or public health director or registrar so\ndesignated shall be the registrar of the entire area embraced within\nsuch county or part-county registration district.\n  4. When a district is divided into two or more primary registration\ndistricts, the appointment of a registrar for each shall be made by the\nsame appointing authority which had jurisdiction over the original\ndistrict.\n  5. (a) When two or more primary registration districts are combined,\nthe registrar for such combined district shall be appointed by the board\nor city council of those former primary registration districts having\nhad an aggregate of one hundred or more births, deaths or fetal deaths\nin each of the two preceding calendar years, and which theretofore made\nthe appointment of registrars of the original districts, except that;\n  (b) in a county registration district, the county commissioner of\nhealth or public health director, or if there be no county commissioner\nof health or public health director, the designee of the board of\nsupervisors of such county shall be appointed as registrar for the area\nof his jurisdiction as provided in paragraph (d) of subdivision three of\nthis section;\n  (c) where the combined primary registration districts have each\nregistered less than an aggregate of one hundred births, deaths or fetal\ndeaths in each of the two preceding calendar years the registrar of the\ncombined districts, or of the districts forming a part-county\nregistration district shall be appointed by the board of supervisors of\nsuch county.\n
N.Y. PBA Law § 834-B — New York Code / Act PBA / Article 4 / Title 2 / Section 834-B
Powers of municipal corporations
Status: in_force

§ 834-b. Powers of municipal corporations. Any county, city, town or\nvillage within the territorial limits of the district, by ordinance or\nresolution of its governing body, shall have the following powers\nhereinafter enumerated which shall not be deemed to have any effect\nupon, or to modify, any other powers of any such county, city, town or\nvillage, and which shall not be deemed to have any effect upon, or\nmodify, any of the other provisions of this title. Each such ordinance\nor resolution shall constitute a covenant with the authority which shall\nenure to the benefit of the holders of any bonds issued under this\ntitle, and which shall be a part of the contract with the holders of\nsuch bonds. Such ordinance or resolution may:\n  1. Provide for the establishing, locating, constructing, equipping,\nmaintaining and operating of market facilities by the authority in such\ncounty, city, town or village, and for such purposes, or any of them,\nsuch county, city, town or village may:\n  (a) Sell any of its property, real or personal, or any interests\ntherein, or grant licenses affecting the same to the authority for a\nnominal consideration or otherwise and upon such other terms, covenants\nand conditions, if any, as may be agreed upon between the authority and\nsuch county, city, town or village.\n  (b) Lease any of its property, real or personal, or any interests\ntherein to the authority for a nominal consideration or otherwise and\nupon such other terms, covenants and conditions, if any, as may be\nagreed upon between the authority and such county, city, town or\nvillage, for a period of not to exceed fifty years and an option to\nrenew for a period of not to exceed fifty years as may be agreed upon\nbetween the authority and such county, city, town or village.\n  (c) Provide municipal services, facilities or utilities to the\nauthority for the benefit of the market facilities owned or operated by\nthe authority in such county, city, town or village.\n  2. For the purposes of protection of public health, the facilitation\nof inspection of fruits, vegetables, live poultry and poultry products,\nthe enforcement of sanitary regulations and the general welfare of the\ncommunity, prescribe in such county, city, town or village an area,\nincluding and adjoining the market facilities owned or operated by the\nauthority, wherein the buying and the selling of fruits, vegetables,\nlive poultry and poultry products at wholesale may be confined to the\nmarket facilities owned or operated by the authority within such area\nand the dealing in such commodities within such area outside the market\nfacilities owned or operated by the authority may be otherwise\nregulated, restricted or controlled. Such area shall be of such size as\nthe county, city, town or village shall determine to be necessary for\nthe accomplishment of such purposes.\n
N.Y. LAB Law § 521 — New York Code / Act LAB / Article 18 / Title 2 / Section 521
Benefit year
Status: in_force

§ 521. Benefit year.  A claimant's "benefit year" means the period of\nfifty-two consecutive weeks beginning with the first Monday after he\nfiles a valid original claim.\n
N.Y. EDN Law § 1502-A — New York Code / Act EDN / Title 2 / Article 31 / Section 1502-A
Power to provide for observance of Memorial day; certain cases
Status: in_force

§ 1502-a. Power to provide for observance of Memorial day; certain\ncases.  1. In any year in which the celebration  of the holiday known as\n"Memorial  day" is to be otherwise observed as a public holiday pursuant\nto any other provision of the laws of this state on a day which is other\nthan the day provided by federal law for such observance, the trustees\nor board of education may by resolution provide that in and for such\nschool district, such observance shall be had on the day designated for\nfederal purposes.\n  2.  Upon the adoption of such resolution the day so designated for\nfederal purposes shall for the purposes of such school district, its\nfacilities, employees and students be a public holiday and subject to\nall other provisions of law relating to public holidays and the date\notherwise provided by state law for the observance of Memorial day shall\nnot be a public holiday for that year in or for such school district.\n
N.Y. PBH Law § 244 — New York Code / Act PBH / Article 2 / Title 2-F / Section 244
Transgender and non-binary (TGNB) wellness and equity program
Status: in_force

§ 244. Transgender and non-binary (TGNB) wellness and equity program.\n1.  The department, through the AIDS institute, shall establish and\noperate a transgender and non-binary (TGNB) wellness and equity program\nas authorized pursuant to this section. Such program shall be\nestablished by April first, two thousand twenty-three.\n  2. The transgender and non-binary (TGNB) wellness and equity program\nshall be designed to:\n  (a) Increase the capacity of grassroots organizations working at the\nlocal level and ensure New York state invests in organizations serving\ntransgender, gender nonconforming, non-binary and intersex individuals.\n  (b) Increase transgender, gender nonconforming, non-binary and\nintersex cultural competence by investing in cultural competency\nprograms or curriculums that are designed by, or in consultation with,\ntransgender, gender nonconforming, non-binary and intersex individuals.\n  (c) Address inequities in current funding distribution for\norganizations serving transgender, gender nonconforming, non-binary and\nintersex individuals, including but not limited to organizations located\noutside of the city of New York.\n  (d) Enable unemployed transgender, gender nonconforming, non-binary\nand intersex residents of New York to become gainfully employed\ntaxpayers through job training and job placement services provided by\norganizations serving transgender, gender nonconforming, non-binary and\nintersex individuals.\n  (e) Foster new and emerging transgender, gender nonconforming,\nnon-binary and intersex leadership through capacity building support.\n  (f) Decrease homelessness and increase access to social services by\ninvesting in organizations primarily serving transgender, gender\nnonconforming, non-binary and intersex individuals and that provide\nhousing solutions dedicated to transgender, gender nonconforming,\nnon-binary and intersex individuals.\n  3. Subject to appropriation, moneys in the transgender and non-binary\n(TGNB) wellness and equity program fund, pursuant to section\nninety-five-k of the state finance law, may be used for the following\npurposes:\n  (a) Identifying community-based organizations involving and serving\ntransgender, gender nonconforming, non-binary and intersex individuals\nand providing them with grants to expand their existing work involving\nand serving transgender, gender nonconforming, non-binary and intersex\nindividuals.\n  (b) Providing grants to organizations involving and serving\ntransgender, gender nonconforming, non-binary and intersex individuals\nto create supportive housing solutions and to identify, assist, and\nrefer transgender, gender nonconforming, non-binary and intersex\nresidents of New York state to supportive housing.\n  (c) Creating or funding existing programs serving transgender, gender\nnonconforming, non-binary and intersex individuals that primarily\ncoordinate inclusive health care for individuals who identify as\ntransgender, gender nonconforming, non-binary or intersex.\n  (d) Providing grants to organizations involving and serving\ntransgender, gender nonconforming, non-binary and intersex individuals\nto increase the capacity of health care professionals to effectively\nprovide gender affirming care. This includes the creation of educational\nmaterials or facilitation of capacity building training.\n  (e) Providing grants for behavioral health services developed by, or\nin consultation with, transgender, gender nonconforming, non-binary and\nintersex individuals that offer mental health and substance use services\nfor transgender, gender nonconforming, non-binary and intersex youth,\nadults, seniors, and families.\n  (f) Providing grants for educational and vocational training programs\ndeveloped by, or in consultation with, transgender, gender\nnonconforming, non-binary and intersex individuals to increase the\nemployment status and educational attainment level of transgender,\ngender nonconforming, non-binary and intersex residents of New York\nstate.\n  (g) Providing funds to improve data collection on gender identity and\nexpression in New York state with a focus on transgender, gender\nnonconforming, non-binary and intersex residents of New York state and\ntheir needs.\n
N.Y. GMU Law § 895-L — New York Code / Act GMU / Article 18-A / Title 2 / Section 895-L
Columbia county industrial development agency
Status: in_force

* § 895-l. Columbia county industrial development agency. For the\nbenefit of the county of Columbia and the inhabitants thereof, an\nindustrial development agency, to be known as the COLUMBIA COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Columbia, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the county of\nColumbia. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 1436 — New York Code / Act PBA / Article 7 / Title 2 / Section 1436
State and city not liable on bonds
Status: in_force

§ 1436. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n
N.Y. ELN Law § 11-204 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-204
Processing of applications by board of elections
Status: in_force

§ 11-204. Processing of applications by board of elections. 1. The\nregistration application forms shall be in a form prescribed by the\nstate board of elections.\n  2. Upon receipt of an application, the board of elections shall\ndetermine upon such inquiry as it deems proper whether the applicant has\nanswered all the questions contained in the application and whether the\napplicant is legally qualified to receive and vote a special federal\nballot. If it finds he is not so qualified, the board shall reject the\napplication and shall notify the applicant of such rejection and give\nthe reason or reasons therefor in accordance with the preferred method\nof transmission designated by the voter pursuant to section 11-203 of\nthis title. All investigations by the board of elections shall be\nconcluded and all determinations made not later than the twentieth day\nbefore election.\n  3. If a federal post card application form is received from a person\nwho is qualified to vote as a special federal voter but who has not\npreviously registered pursuant to the provisions of this title, such\nfederal post card application form shall be treated in all respects as\nan application for registration and enrollment and a special federal\nballot pursuant to the provisions of this title. If such a federal post\ncard application form is received from a person already registered as a\nspecial federal voter pursuant to the provisions of this title, such\napplication shall be treated in all respects as an application for a\nspecial federal ballot pursuant to the provisions of this title.\n  4. If the board of elections shall determine that the applicant making\nthe application provided for in this section is qualified to receive and\nvote a special federal ballot, it shall, as soon as practicable after it\nshall have so determined, or not later than forty-six days before each\ngeneral or primary election or special election in which such applicant\nis qualified to vote, or three days after receipt of such an\napplication, whichever is later, mail to him or her at the residence\naddress outside the United States shown in his or her application, a\nspecial federal ballot, an inner affirmation envelope and an outer\nenvelope, or otherwise distribute same to the voter in accordance with\nthe preferred method of transmission designated by the voter pursuant to\nsection 11-203 of this title. The board of elections shall also mail, or\notherwise distribute in accordance with the preferred method of\ntransmission designated by the voter pursuant to section 11-203 of this\ntitle, a special federal ballot to every qualified special federal voter\nwho is already registered and who requests such special federal ballot\nfrom such board of elections in a letter, which is signed by the voter\nand received by the board of elections not later than the seventh day\nbefore the election for which the ballot is first requested and which\nstates the address where the voter is registered and the address to\nwhich the ballot is to be mailed. The board of elections shall enclose\nwith such ballot a form of application for a special federal ballot.\n  5. The board of elections shall keep a list of the persons who have\nmade and signed applications for special federal ballots and of the\napplicants who have been determined to be qualified. The board shall\nkeep open to public inspection such list of applicants with their names,\naddresses, party enrollments, and application dates and shall give to\nthe chairman of each political party in the county fifteen days before\neach election, a complete list of special federal voters eligible to\nvote in such election. Such list shall contain the names, party\nenrollments for a primary election and places of previous residence\nincluding the election district and ward, if any, and, in the city of\nNew York and the county of Nassau, the assembly district of all such\nvoters.\n
N.Y. ENV Law § 49-0203 — New York Code / Act ENV / Article 49 / Title 2 / Section 49-0203
State land acquisition policy
Status: in_force

§ 49-0203. State land acquisition policy.\n  1. The purpose of the land acquisition program of the department and\nthe office is to provide for the conservation, protection, and\npreservation of open space, natural, historic and cultural resources and\nthe enhancement of recreational opportunities.\n  2. The department and the office shall first consider in each\nacquisition whether acquisition of conservation easement or other less\nthan full fee title interests would fulfill the purposes for which the\nparticular acquisition is sought. If it is determined that a\nconservation easement or other interest would fulfill such purposes, the\ndepartment or the office will use its best efforts to acquire such\neasement or interest, where practicable.\n  3. The department and the office shall consider future physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of future extreme\nweather events, including hazard risk analysis data if applicable.\n  4. It is the policy of the state, acting through the department and\nthe office, to pursue acquisitions through voluntary agreement to the\nmaximum extent practicable to achieve the purposes of this article.\nAccordingly, the process of eminent domain shall only be used when\nreasonable efforts to obtain a voluntary agreement have been exhausted.\nNotwithstanding any provision of law to the contrary, the department and\nthe office shall tender to the owner of any lands proposed for\nacquisition by eminent domain an offer to purchase such lands for the\nvalue thereof as determined by the department or the office in\naccordance with section three hundred three of the eminent domain\nprocedure law. Such offer must have been made for at least ninety days\nbefore the department or office makes a finding pursuant to article two\nof the eminent domain procedure law to acquire the land by eminent\ndomain; however, such ninety day period shall not be required in those\ncases in which the respective commissioner has made a written\ndetermination that there is a significant risk of immediate and\nirreversible environmental degradation. In the event that the department\nor office undertakes the process of eminent domain and prior to the\npublic hearing required by section two hundred one of the eminent domain\nprocedure law, the respective commissioner shall give notice of such\nundertaking to the state land acquisition advisory council, created\npursuant to section 49-0211 of this title. The foregoing provisions of\nthis paragraph shall not apply to lands acquired pursuant to article\nsixteen or title thirteen of article twenty-seven of this chapter or\nlands with respect to which the owner has consented to the use of\neminent domain or where the use of eminent domain is required to quiet\ntitle.\n  The commissioners shall also provide the state land acquisition\nadvisory council with the determinations and findings required by\nsection two hundred four of the eminent domain procedure law.\n
N.Y. PBA Law § 3855 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3855
Assistance to the authority; employees of the authority
Status: in_force

§ 3855. Assistance to the authority; employees of the authority. 1.\nWith the consent of any public corporation, the authority may use\nagents, employees and facilities thereof, paying to such public\ncorporation its agreed proportion of the compensation or costs.\n  2. Officers and employees of state or city agencies may be transferred\nto the authority without examination and without loss of any civil\nservice or retirement status or rights. Any officer or employee of the\nauthority who heretofore acquired or shall hereafter acquire such\nposition status by transfer and who at the time of such transfer was a\nmember of the New York state and local employees' retirement system\nshall continue to be a member of such system as long as he or she\ncontinues in such service, and shall continue to have all the rights,\nprivileges and obligations of membership in such system.\n
N.Y. ISC Law § 4917 — New York Code / Act ISC / Article 49 / Title 2 / Section 4917
Hold harmless
Status: in_force

§ 4917. Hold harmless. A health care provider requesting an external\nappeal of a concurrent adverse determination, including when the health\ncare provider requests an external appeal as the insured's designee,\nshall not pursue reimbursement from the insured for services determined\nnot medically necessary by the external appeal agent, except to collect\na copayment, coinsurance or deductible.\n
N.Y. ELN Law § 17-222 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-222
Severability
Status: in_force

§ 17-222. Severability. If any provision of this title or its\napplication to any person, political subdivision, or circumstance is\nheld invalid, the invalidity shall not affect other provisions or\napplications of this title which can be given effect without the invalid\nprovision or application, and to this end the provisions of this title\nare severable.\n
N.Y. MDW Law § 51-B — New York Code / Act MDW / Article 3 / Title 2 / Section 51-B
Mirrors in connection with self-service elevators
Status: in_force

§ 51-b. Mirrors in connection with self-service elevators. In all\nmultiple dwellings in which there are one or more self-service passenger\nelevators, there shall, pursuant to such regulations as the department\nshall prescribe, be affixed and maintained in each such elevator a\nmirror which will enable persons prior to entering into such elevator to\nview the inside thereof to determine whether any person is in such\nelevator.\n
N.Y. EDN Law § 1501-A — New York Code / Act EDN / Title 2 / Article 31 / Section 1501-A
Publication of minutes
Status: in_force

§ 1501-a. Publication of minutes.  Any school district board of\ntrustees, board of education or other corporate body may publish the\nminutes of its proceedings in the official newspaper or if no official\nnewspaper has been designated, in any newspaper having general\ncirculation in the school district.\n
N.Y. EDN Law § 1527 — New York Code / Act EDN / Title 2 / Article 31 / Section 1527
Payroll deductions for deposit to employee bank accounts
Status: in_force

§ 1527. Payroll deductions for deposit to employee bank accounts.  The\ndisbursing officer of the city school district of the city of Syracuse\nis authorized to deduct from the salary of members of the teaching and\nsupervisory staff and other employees with their prior consent sums for\ndeposit to employee savings accounts.\n
N.Y. RPT Law § 312 — New York Code / Act RPT / Article 3 / Title 2 / Section 312
Minimum qualification standards for assessors, appraisal personnel and candidates eligible for certification as assessor
Status: in_force

§ 312. Minimum qualification standards for assessors, appraisal\npersonnel and candidates eligible for certification as assessor. The\ncommissioner shall establish for counties, cities and towns to which\nthis title applies minimum qualification standards (a) for appointments\nto the positions of (i) assessor, except assessors of local governments\nnot subject to the provisions of section three hundred ten of this\ntitle, and (ii) other administrative positions having professional\nappraisal duties relating to the assessment of real property for\npurposes of taxation, and (b) for applicants for certification as\ncandidates eligible for the position of assessor, other than assessors\nor assessors-elect, pursuant to subdivision ten of section three hundred\nten of this title. Such standards shall be set forth in rules and\nregulations promulgated by the commissioner.\n
N.Y. PBH Law § 520 — New York Code / Act PBH / Article 5 / Title 2 / Section 520
County laboratories; establishment; charges
Status: in_force

§ 520. County laboratories; establishment; charges. 1. The board of\nsupervisors of any county may establish therein a laboratory or\nlaboratories which shall serve the whole or part of the county.\n  2. In the resolution of the board of supervisors establishing such\nlaboratory it shall define the area which it is intended to serve, which\narea from time to time may by resolution be altered; provided, however,\nthat in defining such area the territory included in a town shall not be\ndivided and provided further, that no city or any part thereof shall be\nincluded in the area so defined unless the mayor and the common council,\nor the officials exercising similar powers, shall have consented\nthereto.\n  3. The services of such laboratories shall be rendered at an adequate\nand reasonable charge, except that, with the approval of the\ncommissioner, one or more services may be rendered without any charge.\n  4. The board of supervisors may, in lieu of the establishment of a\nlaboratory and with the approval of the commissioner, provide for\nlaboratory service by contracting with an established laboratory which\nis conveniently located.\n
N.Y. ELN Law § 17-219 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-219
Rules and regulations
Status: in_force

§ 17-219. Rules and regulations. The civil rights bureau may\npromulgate such rules and regulations as may be necessary to effectuate\nthe purposes of this title.\n
N.Y. PBA Law § 1039 — New York Code / Act PBA / Article 5 / Title 2 / Section 1039
Exemption from taxation
Status: in_force

* § 1039. Exemption from taxation. The real and personal property of\nthe authority shall be exempt from all taxation, and so shall all of its\nactivities and operations, except that the owners of its bonds and other\nobligations shall be subject to transfer and estate taxes.\n  * NB Terminated July 1, 1963\n
N.Y. EDN Law § 2115 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2115
Notice of appointment to fill vacancy and filing thereof
Status: in_force

§ 2115. Notice of appointment to fill vacancy and filing thereof.\nEvery appointment to fill a vacancy shall be forthwith filed, by the\ndistrict superintendent or trustees making it, in the office of the\ndistrict clerk, who shall immediately give notice of the appointment to\nthe person appointed.\n
N.Y. PBA Law § 1048-A — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-A
Short title
Status: in_force

§ 1048-a. Short title. This title shall be known and may be cited as\nthe "Buffalo municipal water finance authority act".\n
N.Y. EDN Law § 2610 — New York Code / Act EDN / Title 2 / Article 53 / Section 2610
Canvass of votes and return to board of education; declaration of result
Status: in_force

§ 2610. Canvass of votes and return to board of education; declaration\nof result. 1. Immediately upon the close of the polls the inspectors of\neach school election district shall count the ballots found in the\nballot box without unfolding them, except so far as is necessary to\nascertain that each ballot is single. They shall compare the number of\nballots found in the ballot box with the number of persons recorded on\nthe poll list as having voted at the election. If the number of ballots\nfound in the ballot box shall exceed the number of names, such ballots\nshall be replaced without being unfolded in the box from which they were\ntaken and shall be thoroughly mingled in such box and one of the\ninspectors designated by the board shall then publicly draw out as many\nballots as shall be equal to the number of excess ballots. The ballots\nso drawn out shall be enclosed without unfolding in an envelope which\nshall be sealed and endorsed with a statement of the number of such\nexcess ballots withdrawn from the box and shall be signed by the\ninspector who withdrew such ballots. Such envelope with the excess\nballots therein shall be placed in the box for the defective or spoiled\nballots.\n  2. The ballots shall be counted or canvassed by the inspectors in the\nmanner provided for the canvassing of ballots at a general election\npursuant to the election law except as otherwise provided herein. The\nvotes cast for each candidate or proposition shall be tallied and\ncounted by the inspectors and a statement shall be made containing the\nnames of each candidate receiving votes in such district and the number\nof votes cast for each candidate or proposition. Such statement shall\nalso give the number and describe the ballots which are declared void\nand shall also specify the number of wholly blank ballots cast. Such\nstatement shall be signed by the inspectors. The ballots which were\ndeclared void and not counted shall be enclosed in an envelope which\nshall be sealed and endorsed as containing void ballots and signed by\nthe inspectors. Such envelope shall be placed in the ballot box\ncontaining the defective and spoiled ballots.\n  3. After the ballots are counted and the statements have been made as\nrequired herein the ballots shall be replaced in the ballot box. Each\nbox shall be securely locked and sealed and deposited by an inspector\ndesignated for the purpose with the clerk of the board of education. The\nunused ballots shall be placed in a sealed package and returned by the\ninspector designated for such purpose to such clerk at the same time\nthat such ballot boxes are delivered to him. The statement of the\ncanvass of the votes shall be delivered to the clerk of the board of\neducation either after the close of the polls on the day of the annual\nor special election or on the day following the annual or special\nelection as the board of education shall determine by resolution adopted\nat the last meeting of such board held before such election.\n  4. The board of education shall meet at the usual place of meeting at\nsuch time as the statement of the canvass of the votes shall have been\ndelivered to the clerk of the board of education on the day of the\nannual or special election or at eight o'clock in the evening of the day\nfollowing such election and shall forthwith examine and tabulate the\nstatements of the result of the election in the several school election\ndistricts. Such board shall canvass the returns as contained in such\nstatements and shall determine the number of votes cast for each\ncandidate or proposition in the several school election districts. The\nboard shall thereupon declare the result of the canvass. The candidates\nreceiving a plurality of the votes cast respectively for the several\noffices shall be declared elected. Where more than one office is to be\nfilled by such election and there is a variance in the length of the\nterms for which such offices are to be filled as authorized by this\nchapter, or where one or more persons are to be elected for a full term\nor terms and one or more persons are to be elected for the unexpired\nportion of a term or terms, or both, the candidate receiving the largest\nnumber of votes shall be entitled to the longest term and the candidates\nreceiving the next highest numbers of votes shall be entitled, in\ndecreasing order of the respective numbers of votes, to the several\noffices, in decreasing order of the length of such terms or unexpired\nportions of terms. The proposition or propositions receiving a majority\nof the votes cast therefor shall be declared adopted, except as\notherwise provided by law. The clerk of the board of education shall\nrecord the result of the election as announced by the board of\neducation.\n  5. The clerk of the board of education shall within twenty-four hours\nafter the result of the election has been declared serve a written\nnotice either personally or by mail upon each person declared to be\nelected as a member of the board of education.\n  6. In the event that more eligible persons than the number remaining\nto be elected receive, for the same office or offices, an equal number\nof votes sufficient that fewer persons receiving such number of votes\nwould be elected, the board of education shall call a special run-off\nelection to be held within forty-five days following the general or\nspecial election at which such tie vote was cast to determine which of\nsuch candidates shall be elected to such office. The only persons who\nshall be deemed nominated for such run-off election shall be the\ncandidates who have received such equal number of votes.\n
N.Y. MRE Law § 134 — New York Code / Act MRE / Article 5 / Title 2 / Section 134
Cellar entrance
Status: in_force

§ 134. Cellar entrance. There shall be a direct entrance to the\ncellar, or to the lowest story if there be no cellar, from the outside\nof every multiple dwelling, except that any stair leading to such cellar\nor lowest story may be located inside the dwelling provided it is\nenclosed in fireproof walls and fireproof doors and assemblies, with the\ndoors self-closing, at both the level of such cellar or lowest story and\nthat of the story above.\n
N.Y. PBH Law § 224-B — New York Code / Act PBH / Article 2 / Title 2 / Section 224-B
Public health and health planning council; powers and duties; health care facilities, home care agencies and hospices
Status: in_force

§ 224-b. Public health and health planning council; powers and duties;\nhealth care facilities, home care agencies and hospices. The public\nhealth and health planning council shall have such powers and duties as\nare set forth in this chapter, including the consideration of\napplications for the establishment and construction of health care\nfacilities, home care agencies and hospices licensed under articles\ntwenty-eight, thirty-six or forty of this chapter. In carrying out its\npowers and duties, the council shall take into account the impact of its\nactions and recommendations on the quality, accessibility, efficiency\nand cost-effectiveness of health care throughout the state. The council\nshall undertake a comprehensive review of regulations and council\nprocedures governing the establishment and construction of such health\ncare facilities, home care agencies and hospices and shall submit to the\ncommissioner any recommendations for the revisions of such regulations.\nSuch review shall be conducted every five years, and the first set of\nrecommendations shall be submitted to the commissioner on or before\nDecember first, two thousand sixteen.\n
N.Y. EDN Law § 1613 — New York Code / Act EDN / Title 2 / Article 33 / Section 1613
Trustees' right of action against predecessor
Status: in_force

§ 1613. Trustees' right of action against predecessor.  The trustees\nin office shall sue for and recover any district moneys in the hands of\nany former trustee, or of his personal representatives, and apply them\nto the use of the district.\n
N.Y. PBA Law § 1045-F — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-F
Water board
Status: in_force

§ 1045-f. Water board. 1. A city water board may be created by a\nspecial act of the state legislature at the request of the city, as a\nbody corporate and politic, constituting a corporate municipal\ninstrumentality of the state and having the powers and duties as\nprovided in this title.\n  2. The water board shall consist of seven members appointed by the\nmayor. Terms of office of the members shall be two years except that the\nterms of four of the board members first appointed shall be one year. At\nleast one member shall have experience in the science of water resource\ndevelopment. No member shall be a director of the authority.  The mayor\nshall appoint a chairman from among the members of the board.  All\nmembers shall continue to hold office until their successors are\nappointed and qualified. Vacancies shall be filled in the manner\nprovided for original appointments. Vacancies, occurring otherwise than\nby expiration of term of office, shall be filled in the same manner as\noriginal appointments for the unexpired terms.\n  3. Each member of the water board shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of his\nofficial duties and a per diem allowance of one hundred fifty dollars\nwhen rendering service as a member; provided that the aggregate of such\nper diem allowance to any one member in any one fiscal year of the board\nshall not exceed the sum of five thousand dollars.\n  4. Notwithstanding any inconsistent provision of law, general, special\nor local, or any city charter, no officer or employee of the city shall\nbe deemed to have forfeited or shall forfeit his office or employment or\nany benefits provided under the retirement and social security law, by\nreason of his acceptance of membership on the water board, provided,\nhowever, that a member of the board who holds other public office or\nemployment shall receive no additional compensation for services\nrendered pursuant to this title, but shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of\nsuch services.\n  5. The mayor may remove any member for inefficiency, neglect of duty\nor misconduct in office after giving such member a copy of the charges\nagainst such member and an opportunity to be heard and defended, in\nperson or by counsel, upon not less than ten days' notice. If any member\nshall be so removed, the mayor shall file in the office of the clerk of\nthe city a complete statement of charges against such member, and the\nmayor's findings thereon, together with a complete record of the\nproceedings.\n  6. Members of the water board, other than members holding other public\noffice or employment, may engage in private employment, or in a\nprofession or business, subject to the limitations contained in sections\ntwenty-six hundred four, twenty-six hundred five, twenty-six hundred six\nand twenty-six hundred seven of the New York city charter.\n  7. A majority of the members of the water board shall constitute a\nquorum for the transaction of any business or the exercise of any power\nof the board. The water board shall have power to act by the affirmative\nvote of not less than a majority of the members in office at any duly\nheld meeting thereof. The water board may delegate to one or more of its\nmembers or its officers, agents and employees, such powers and duties as\nit may deem proper. Any member who is an officer of the city may, by\nwritten instrument, filed with and approved as to form by the board,\ndesignate another city officer to perform in his absence his duties\nunder this title. The term "member" as used in this section shall\ninclude such persons so designated as provided herein.  The designation\nof any such person shall be deemed temporary only and shall not affect\nthe civil service or retirement rights of the person so designated.\n  8. The water board and its corporate existence shall continue so long\nas it shall have contractual duties or obligations outstanding and until\nits existence shall be terminated by law. Upon termination of the\nexistence of the water board, all of the rights and assets of the water\nboard then remaining shall pass to and vest in the city.\n  9. It is hereby determined and declared that the water board 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 water board is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. PBH Law § 420 — New York Code / Act PBH / Article 4 / Title 2 / Section 420
Boards of visitors; appointment
Status: in_force

§ 420. Boards of visitors; appointment.  1. (a) Subject to the\nprovisions of this chapter, each hospital in the department shall\ncontinue to have a board of seven visitors, to be appointed by the\ngovernor by and with the advice and consent of the senate; provided\nhowever that in the case of the state institute for the study of\nmalignant diseases one of the seven members of the board of visitors\nshall be the commissioner, ex-officio.\n  (b) At least two members of the board of visitors of the Helen Hayes\nhospital shall be duly licensed physicians and at least two members\nshall be women. This provision shall not affect the offices of the\npresent members; but appointments hereafter shall be so made as to\ncomply herewith as soon as practicable.\n  (c) At least two of the members of the board of visitors of the state\ninstitute for the study of malignant diseases shall be residents of the\ncity of Buffalo or vicinity and one member of the board of visitors\nshall be a member of the medical faculty or of the council of the\nUniversity of Buffalo.\n  2. (a) The terms of office of the members of the boards of visitors,\nother than the members of the board of visitors of the state institute\nfor the study of malignant diseases, shall be seven years, and they\nshall be so appointed that the term of at least one of the members of\nthe board of visitors shall expire on the thirty-first day of December\nof each year.\n  (b) The terms of office of the members of the board of visitors of the\nstate institute for the study of malignant diseases shall be five years\nand they shall be so appointed that the term of at least one of the\nmembers shall expire on the thirty-first of December of each year.\n  3. All vacancies on the several boards of visitors of hospitals in the\ndepartment shall be filled by the governor in the same manner as\noriginal appointments, and the person appointed to fill a vacancy in the\nboard of visitors of a hospital in the department shall hold office for\nthe remainder of the term of the person whom he succeeds.\n  4. The governor may remove any member or members of a board of\nvisitors for cause after an opportunity to be heard.\n  5. This section shall not affect the terms of the present members of\nsuch board.\n  6. Notwithstanding any inconsistent provision of this section or any\nother provision of law to the contrary, upon the transfer to the Roswell\nPark Cancer Institute corporation of the operations of the Roswell Park\nCancer Institute, the board of visitors of Roswell Park Cancer Institute\nshall cease to operate and the terms of the current members of the board\nof visitors shall terminate. In the event that the operations of the\nRoswell Park Cancer Institute revert to the department of health, the\nboard of visitors shall be reconstituted and the governor shall make new\nappointments pursuant to this section.\n
N.Y. VAT Law § 239 — New York Code / Act VAT / Title 2 / Article 2-B / Section 239
Ownership and operation of vehicles; liability
Status: in_force

§ 239. Ownership and operation of vehicles; liability. 1. Definitions.\nWhenever used in this article, the following terms shall have the\nfollowing meanings:\n  a. "Owner" means any person, corporation, partnership, firm, agency,\nassociation, lessor, or organization who at the time of the issuance of\na notice of violation in any city in which a vehicle is operated:\n  (1) is the beneficial or equitable owner of such vehicle; or\n  (2) has title to such vehicle; or\n  (3) is the registrant or co-registrant of such vehicle which is\nregistered with the department of motor vehicles of this state or any\nother state, territory, district, province, nation or other\njurisdiction; or\n  (4) uses such vehicle in its vehicle renting and/or leasing business;\nor\n  (5) is an owner of such vehicle as defined by section one hundred\ntwenty-eight of this chapter or subdivision (a) of section twenty-one\nhundred one of this chapter.\n  b. "Lessor" means any person, corporation, firm, partnership, agency,\nassociation or organization engaged in the business of renting or\nleasing vehicles to any lessee or bailee under a rental agreement, lease\nor otherwise, wherein the said lessee or bailee has the exclusive use of\nsaid vehicle for any period of time.\n  c. "Lessee" means any person, corporation, firm, partnership, agency,\nassociation or organization that rents, bails, leases or contracts for\nthe use of one or more vehicles and has the exclusive use thereof for\nany period of time.\n  d. "Vehicle" means a vehicle as defined in section one hundred\nfifty-nine of this chapter.\n  e. "Operator" means any person, corporation, firm, partnership,\nagency, association, organization or lessee that uses or operates a\nvehicle with or without the permission of the owner, and an owner who\noperates his own vehicle.\n  f. "Notice of violation" means a notice of violation as defined in\nsubdivision nine of section two hundred thirty-seven of this article,\nbut shall not be deemed to include a notice of liability issued pursuant\nto authorization set forth in articles ten, twenty-four, twenty-nine and\nthirty of this chapter, section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty to impose monetary liability on the owner of a vehicle for\nfailure of an operator thereof: to comply with traffic-control\nindications in violation of subdivision (d) of section eleven hundred\neleven of this chapter through the installation and operation of\ntraffic-control signal photo violation-monitoring systems, in accordance\nwith article twenty-four of this chapter; or to comply with certain\nposted maximum speed limits in violation of subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter; or to comply with bus\nlane restrictions as defined by article twenty-four of this chapter\nthrough the installation and operation of bus lane photo devices, in\naccordance with article twenty-four of this chapter; or to comply with\ntoll collection regulations of certain public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty; or to stop for a school bus displaying a red visual\nsignal in violation of section eleven hundred seventy-four of this\nchapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with gross vehicle weight and/or axle weight restrictions\nin violation of section three hundred eighty-five of this chapter and\nthe rules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter.\n  g. "Fiscal year" means a period of one year commencing on the first\nday of July and terminating on the thirtieth day of June.\n  h. "Primary filing" means the initial filing of registration plate\nnumbers by a lessor prior to the commencement of each fiscal year.\n  2. Liability. a. The operator of a vehicle shall be liable for the\nfines or penalties imposed pursuant to this article. Except as otherwise\nprovided in paragraphs b and e of this subdivision, the owner of the\nvehicle, even if not the operator thereof, shall be jointly and\nseverally liable with the operator thereof, if such vehicle was used or\noperated with the permission of the owner, express or implied, but in\nsuch case the owner may recover any fine or penalties paid by him from\nthe operator.\n  b. The lessor of a motor vehicle shall not be liable for fines or\npenalties imposed pursuant to this article if:\n  (1) prior to the infraction, the lessor has filed with the bureau the\nregistration plate number, plate type, and place of registration of the\nvehicle to which the notice of violation was issued and paid the\nrequired filing fee provided in paragraph f of this subdivision and,\n  (2) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a violation, together with the other information\ncontained in the original notice of violation, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of violation at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  c. If the lessor has complied with subparagraph one of paragraph b of\nthis subdivision such lessor shall not be liable for any penalties in\nexcess of the scheduled fine unless such lessor fails to appear within\nthirty-seven days of actual receipt of a notice of violation pursuant to\nparagraph e of this subdivision.\n  d. If the lessor who has complied with subparagraph one of paragraph b\nof this subdivision has paid any fine or penalty for which he is liable\nand the bureau subsequently collects from the operator or lessee the\namount of the scheduled fine and penalty owed by such person, or any\nportion thereof, the lessor shall be entitled to reimbursement from the\nbureau of the amount of the fine and penalty paid by the lessor, less\nthe bureau's costs of collection.\n  e. The lessor shall not be liable for any fines or penalties in\nconnection with a notice of violation for a vehicle whose registration\nplate number is filed and the fee therefor paid prior to the time of the\nissuance of notice of violation, unless the lessor shall receive notice\nfrom the bureau of the date and time of such violation, together with\nthe other information contained in the original notice of violation,\nwithin ninety days after service of the notice of violation, in\naccordance with subdivision two of section two hundred thirty-eight of\nthis article.\n  f. The annual fee for filing a registration plate number with the\nbureau by lessors under this section shall be twelve dollars per fiscal\nyear.  Lessors shall also provide the bureau with such other additional\ninformation in such format as the bureau by regulation may reasonably\nrequire. The registration plate number shall not be considered filed\nwith the bureau unless the annual filing fee provided for in this\nsubdivision shall have been paid. Lessors shall not be entitled to a\nrefund, reduction, credit or other consideration in connection with such\nannual filing fee in the event that such registration plate number is\nwithdrawn from service, destroyed or surrendered during the fiscal year\nfor which such registration plate number shall have been filed. In the\nevent that a lessor files with the bureau registration plate numbers\nduring the fiscal year, the annual filing fee for same shall be prorated\non a monthly basis, in accordance with a schedule that the bureau shall\npromulgate by regulation for such purpose. The primary filing by each\nlessor for each fiscal year shall be made at least thirty days prior to\nthe commencement of the fiscal year.\n  g. Where the United States postal authorities return to the bureau a\ndelinquency notice forwarded by the bureau to a name and address of a\nlessee furnished by a lessor in accordance with provisions of this\nsection, such return notice shall be presumptive evidence of the\nfurnishing of an incorrect name and address by the lessor. The lessor\nmay, however, conclusively rebut such presumption if within sixty days\nafter receiving notification from the bureau of such returned mail\nnotice, the lessor shall provide to the bureau a copy of the rental\nagreement or lease agreement for such lessee containing the name and\naddress previously furnished to the bureau. In the event that a lessor\nshall fail to rebut the presumption established by this subdivision, the\nlessor shall be liable for the fines imposed pursuant to this article\nand in accordance with the rules and regulations promulgated by the\nbureau.\n  h. The bureau shall by rules and regulations prescribe the manner and\nmethod of giving notice of outstanding violations to the lessees, except\nthat notices of impending default judgment shall be forwarded by first\nclass mail, in accordance with subdivision two of section two hundred\nforty-one of this article. All notices to lessors under this section\nshall be by first class mail to the address on file with the bureau or\nby such other means as shall be provided for in the rules and\nregulations of the bureau.\n  i. A lessor shall cooperate with the bureau in the enforcement of\njudgments rendered against lessees or providing the bureau, or its\ndesignated agents, with such other additional information as shall be\ncontained in such lessor's rental or lease agreements with their lessees\nas shall be available to them.\n  3. Stolen vehicles. If any owner of a motor vehicle receives a notice\nof violation for a period during which the illegally parked vehicle was\nreported to any police department as having been stolen, it shall be a\nvalid defense to any charge of a parking violation that the motor\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For the\npurposes of asserting the defense provided by this subdivision, it shall\nbe sufficient that a certified copy of the police report of the stolen\nvehicle be mailed to the bureau.\n  * 4. Applicability. The provisions of paragraph b of subdivision two\nand subdivision three of this section shall not be applicable to\ndeterminations of owner liability for the failure of an operator to\ncomply with subdivision (d) of section eleven hundred eleven of this\nchapter and shall not be applicable to determinations of owner liability\nimposed pursuant to section two thousand nine hundred eighty-five of the\npublic authorities law and sections sixteen-a, sixteen-b and sixteen-c\nof chapter seven hundred seventy-four of the laws of nineteen hundred\nfifty and shall not be applicable to determinations of owner liability\nfor the failure of an operator to comply with subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter.\n  * NB Effective until July 1, 2030\n  * 4. Applicability. The provisions of paragraph b of subdivision two\nand subdivision three of this section shall not be applicable to\ndeterminations of owner liability for the failure of an operator to\ncomply with subdivision (d) of section eleven hundred eleven of this\nchapter and shall not be applicable to determinations of owner liability\nimposed pursuant to section two thousand nine hundred eighty-five of the\npublic authorities law and sections sixteen-a, sixteen-b and sixteen-c\nof chapter seven hundred seventy-four of the laws of nineteen hundred\nfifty.\n  * NB Effective July 1, 2030\n
N.Y. PBH Law § 12-A — New York Code / Act PBH / Article 1 / Title 2 / Section 12-A
Formal hearings; notice and procedure
Status: in_force

§ 12-a. Formal hearings; notice and procedure.  1. The commissioner,\nor any person designated by him for this purpose, may issue subpoenas\nand administer oaths in connection with any hearing or investigation\nunder or pursuant to this chapter, and it shall be the duty of the\ncommissioner and any persons designated by him for such purpose to issue\nsubpoenas at the request of and upon behalf of the respondent.\n  2. The commissioner and those designated by him shall not be bound by\nthe laws of evidence in the conduct of hearing proceedings, but the\ndetermination shall be founded upon sufficient legal evidence to sustain\nit.\n  3. Notice of hearing shall be served at least fifteen days prior to\nthe date of the hearing, provided that, whenever because of danger to\nthe public health it appears prejudicial to the interests of the people\nof the state to delay action for fifteen days, the commissioner may\nserve the respondent with an order requiring certain action or the\ncessation of certain activities immediately or within a specified period\nof less than fifteen days and the commissioner shall provide an\nopportunity to be heard within fifteen days after the date the order is\nserved.\n  4. Service of notice of hearing or order shall be made by personal\nservice or by registered or certified mail. Where service, whether by\npersonal service or by registered or certified mail, is made upon an\ninfant, incompetent, partnership, corporation, governmental subdivision,\nboard or commission, it shall be made upon the person or persons\ndesignated to receive personal service by article three of the civil\npractice law and rules.\n  5. The attorney-general may prefer charges, attend hearings, present\nthe facts, and take any and all proceedings in connection therewith.\n  6. At a hearing, the respondent may appear personally, shall have the\nright of counsel, and may cross-examine witnesses against him and\nproduce evidence and witnesses in his behalf.\n  7. Following a hearing, the commissioner may make appropriate\ndeterminations and issue an order in accordance therewith.\n  8. The commissioner may adopt, amend and repeal administrative rules\nand regulations governing the procedures to be followed with respect to\nhearings, such rules to be consistent with the policy and purpose of\nthis chapter and the effective and fair enforcement of its provisions.\n  9. The provisions of this section shall be applicable to all hearings\nheld pursuant to this chapter, except where other provisions of this\nchapter applicable thereto are inconsistent therewith, in which event\nsuch other provisions shall apply.\n