N.Y. VAT Law § 398-B — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-B
Definitions
Status: in_force

§ 398-b. Definitions. 1. For the purposes of this article, the term\n"motor vehicle" shall mean motor vehicles as defined by section one\nhundred twenty-five and trailers as defined by section one hundred\nfifty-six of this chapter.\n  2. As used in this article the term "motor vehicle repair shop" means\nany person who, for compensation, is wholly or partially engaged in the\nbusiness of repairing or diagnosing motor vehicle malfunctions or\nrepairing motor vehicle bodies, fenders or other components damaged by\naccident or otherwise, except that such term does not include:\n  (a) an employee of a motor vehicle repair shop who engages in the\nbusiness of repairing motor vehicles solely by reason of his employment;\n  (b) any person who is solely engaged in the business of repairing the\nmotor vehicles of a single commercial or industrial establishment, or of\nthe federal, state or a local government or any agency thereof; or\n  (c) any person whose activities consist solely of fueling, changing\noil, water, batteries or tires, replacing fan belts, air filters or oil\nfilters, installing windshield wiper blades or light bulbs, or such\nother minor repair and servicing functions as the commissioner shall by\nrule prescribe; or\n  (d) any person solely engaged in the business of repairing farm or\nroad building machines, or such other utility vehicles as the\ncommissioner may by regulation designate.\n  The term "motor vehicle repair shop" shall also include any shop,\ndrive-in station, or garage operated by any person, firm, corporation or\nassociation at which motor vehicles are inspected for the purposes of\nappraising, evaluating or estimating the extent or value of motor\nvehicle damage or the necessity or cost of motor vehicle repairs.\n
N.Y. PBA Law § 1061 — New York Code / Act PBA / Article 5 / Title 3 / Section 1061
State, county and municipalities not liable on bonds
Status: in_force

§ 1061. State, county and municipalities not liable on bonds.  The\nbonds and other obligations of the authority shall not be a debt of the\nstate of New York or of the county or of any municipality in the county,\nand neither the state nor the county nor any municipality in the county\nshall be liable thereon, nor shall they be payable out of any funds\nother than those of the authority.\n
N.Y. RPT Law § 356 — New York Code / Act RPT / Article 3 / Title 3 / Section 356
Certification as eligible for the position of assessor
Status: in_force

§ 356. Certification as eligible for the position of assessor. 1. Any\nperson who is not an assessor may be certified as eligible for the\nposition of assessor where such person:\n  (a) meets the minimum qualification standards prescribed by the\ncommissioner for such purpose and successfully completes the basic\ncourse of training and passes an examination demonstrating successful\ncompletion of such course prescribed by the commissioner;\n  (b) meets the minimum qualification standards established by the\ncommissioner for appointed assessors and passes an examination conducted\nby the commissioner for this purpose; or\n  (c) possesses a professional designation as described in paragraph (b)\nof subdivision three of section three hundred fifty-four of this title\nand the commissioner, in its discretion, waives any of the courses of\ntraining or examination.\n  2. Such certification shall specify that such person is eligible for\nthe position of assessor in accordance with the classification of\nassessing units established by the commissioner pursuant to subdivision\none of section three hundred fifty-four of this title. Certification as\neligible for the position of assessor shall be for a period of three\nyears and may be renewed after the expiration of this period with or\nwithout examination in accordance with regulations established by the\ncommissioner. Upon request by an assessing unit, the commissioner shall\nprovide a list of candidates certified as eligible for the position of\nassessor pursuant to this section.\n
N.Y. PBA Law § 3954 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3954
General powers of the authority
Status: in_force

§ 3954. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have the following powers in addition\nto those specially conferred elsewhere in this title, subject only to\nagreements with bondholders:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to make and alter by-laws for its organization and management and\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and fulfillment of its\npurposes under this title;\n  4. to make and execute contracts and all other instruments or\nagreements necessary or convenient to carry out any powers and functions\nexpressly given in this title;\n  5. to commence any action to protect or enforce any right conferred\nupon it by any law, contract or other agreement;\n  6. to borrow money and issue bonds, notes or other obligations, or to\nrefund the same, and to provide for the rights of the holders of its\nbonds, notes or other obligations;\n  7. as security for the payment of the principal of and interest on any\nbonds, notes or other obligations issued by it pursuant to this title\nand any agreements made in connection therewith and for its obligations\nunder bond facilities, to pledge all or any part of its revenues or\nassets;\n  8. to procure insurance, letters of credit or other credit enhancement\nwith respect to its bonds, notes or other obligations, or facilities for\nthe payment of tenders of such bonds, notes or other obligations or\nfacilities for the payment upon maturity of short-term notes not\nrenewed;\n  9. to enter into interest rate exchange or similar arrangements with\nany person under such terms and conditions as the authority may\ndetermine, not inconsistent with the general laws of this state and\nother provisions of this title, including, without limitation,\nprovisions as to default or early termination and indemnification by the\nauthority or any other party thereto for loss of benefits as a result\nthereof; provided, however, that such exchanges or similar arrangements\nshall be limited to twenty-five percent of the amount authorized in\nsubdivision one of section thirty-nine hundred sixty-two of this title\nto pay the financeable costs described in paragraph (a), (b), (d) or (e)\nof subdivision thirteen of section thirty-nine hundred fifty-one of this\ntitle;\n  10. to procure insurance, letters of credit or other credit\nenhancement with respect to arrangements described in subdivision nine\nof this section;\n  11. to accept gifts, grants, loans or contributions of funds or\nfinancial or other aid in any form from the county, state or federal\ngovernment or any agency or instrumentality thereof, or from any other\nsource and to expend the proceeds for any of its corporate purposes in\naccordance with the provisions of this title;\n  12. subject to the provisions of any contract with bondholders in\nrespect of escrow accounts to secure bonds that have been refunded or\ndebt service funds in which revenues are deposited to secure bonds,\nnotes or other indebtedness issued under this act, to invest any funds\nheld in reserves or sinking funds, or any funds not required for\nimmediate use or disbursement, at the discretion of the authority, in\n(a) obligations of the state or the United States government, (b)\nobligations the principal and interest of which are guaranteed by the\nstate or the United States government, (c) certificates of deposit,\nwhether negotiable or non-negotiable, and banker's acceptances of any of\nthe fifty largest banks in the United States which bank, at the time of\ninvestment, has an outstanding unsecured, uninsured and unguaranteed\ndebt issue ranked by two nationally recognized independent rating\nagencies at a rating category that is no lower than the then current\nrating of the authority's bonds, notes or other obligations, (d)\ncommercial paper of any bank or corporation created under the laws of\neither the United States or any state of the United States which\ncommercial paper, at the time of the investment, has received the\nhighest rating of two nationally recognized independent rating agencies,\n(e) bonds, debentures, or other evidences of indebtedness, issued or\nguaranteed at the time of the investment by the federal national\nmortgage association, federal home loan mortgage corporation, student\nloan marketing association, federal farm credit system, or any other\nUnited States government sponsored agency, provided that at the time of\nthe investment such agency receives, or its obligations receive, any of\nthe three highest rating categories of two nationally recognized\nindependent rating agencies, (f) any bonds or other obligations of any\nstate or the United States of America or of any political subdivision\nthereof or any agency, instrumentality or local governmental unit of any\nsuch state or political subdivision which bonds or other obligations, at\nthe time of the investment have received any of the three highest\nratings of two nationally recognized independent rating agencies, (g)\nany repurchase agreement with any bank or trust company organized under\nthe laws of any state of the United States of America or any national\nbanking association or government bond dealer reporting to, trading\nwith, and recognized as a primary dealer by the Federal Reserve Bank of\nNew York, which agreement is secured by any one or more of the\nsecurities described in paragraph (a), (b) or (e) of this subdivision,\nwhich securities shall at all times have a market value of not less than\nthe full amount of the repurchase agreement and be delivered to another\nbank or trust company organized under the laws of the state or any\nnational banking association domiciled in the state, as custodian, and\n(h) reverse repurchase agreements with any bank or trust company\norganized under the laws of any state of the United States of America or\nany national banking association or government bond dealer reporting to,\ntrading with, and recognized as a primary dealer by the Federal Reserve\nBank of New York, which agreement is secured by any one or more of the\nsecurities described in paragraph (a), (b) or (e) of this subdivision\nwhich securities shall at all times have a market value of not less than\nthe full amount of the repurchase agreement and be delivered to another\nbank or trust company organized under the laws of the state or any\nnational banking association domiciled in the state, as custodian.\n  13. to appoint such officers and employees as it may require for the\nperformance of its duties and to fix and determine their qualifications,\nduties, and compensation, and to retain or employ counsel, auditors and\nprivate financial consultants and other services on a contract basis or\notherwise for rendering professional, business or technical services and\nadvice; and, in taking such actions, the authority shall consider the\nfinancial impact on the county.\n  14. to do any and all things necessary or convenient to carry out its\npurposes and exercise the powers expressly given and granted in this\ntitle; provided, however, such authority shall under no circumstances\nacquire, hold or transfer title to, lease, own beneficially or\notherwise, manage, operate or otherwise exercise control over any real\nproperty, any improvement to real property or any interest therein other\nthan a lease or sublease of office space deemed necessary or desirable\nby the authority.\n
N.Y. ENV Law § 21-0303 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0303
Joinder by Virginia
Status: in_force

§ 21-0303. Joinder by Virginia.\n  The state of New York hereby consents that the state of Virginia may\nbecome a party to and a signatory state of the compact described in the\npreceding section as fully as though such state had been expressly named\ntherein.\n
N.Y. VAT Law § 397 — New York Code / Act VAT / Title 3 / Article 12 / Section 397
Equipping motor vehicles with radio receiving sets capable of receiving signals on the frequencies allocated for police use
Status: in_force

§ 397. Equipping motor vehicles with radio receiving sets capable of\nreceiving signals on the frequencies allocated for police use.  A\nperson, not a police officer or peace officer, acting pursuant to his\nspecial duties, who equips a motor vehicle with a radio receiving set\ncapable of receiving signals on the frequencies allocated for police use\nor knowingly uses a motor vehicle so equipped or who in any way\nknowingly interferes with the transmission of radio messages by the\npolice without having first secured a permit so to do from the person\nauthorized to issue such a permit by the local governing body or board\nof the city, town or village in which such person resides, or where such\nperson resides outside of a city or village in a county having a county\npolice department by the board of supervisors of such county, is guilty\nof a misdemeanor, punishable by a fine not exceeding one thousand\ndollars, or imprisonment not exceeding six months, or both. Nothing in\nthis section contained shall be construed to apply to any person who\nholds a valid amateur radio operator's license issued by the federal\ncommunications commission and who operates a duly licensed portable\nmobile transmitter and in connection therewith a receiver or receiving\nset on frequencies exclusively allocated by the federal communications\ncommission to duly licensed radio amateurs.\n
N.Y. ENV Law § 23-0309 — New York Code / Act ENV / Article 23 / Title 3 / Section 23-0309
Severability
Status: in_force

§ 23-0309. Severability.\n  The provisions of this article shall be severable and if any phrase,\nclause, sentence or provision of this article, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this article and the application thereof shall not be\naffected thereby.\n
N.Y. ENV Law § 53-0305 — New York Code / Act ENV / Article 53 / Title 3 / Section 53-0305
Designation of commissioner
Status: in_force

§ 53-0305. Designation of commissioner.\n  For the purposes of this title, the commissioner is designated as the\nappropriate state official to coordinate federal funding of urban\nforestry and arboriculture programs and by regulation may provide for\nthe submission and approval of urban forestry and arboriculture plans.\nThe department will also provide technical assistance to urban areas for\nurban forestry and arboriculture, and encourage the participation of\nmunicipal foresters, private agencies, organizations, firms, and\nindividuals to furnish urban forestry and arboricultural services in\norder to carry out the purposes of this title. The commissioner may take\nsteps necessary to facilitate the cooperation of private agencies and\norganizations with municipalities for the purposes of this article,\nincluding long-term contracts with private parties for the use of vacant\npublic lands in or around urban areas, subject to other requirements of\nstate law and the jurisdiction of other public agencies with respect\nthereto, for purposes of urban forestry and arboriculture under this\narticle, and to provide trees and shrubs for planting in accordance with\nan approved urban forestry or arboricultural plan. This program shall be\nadministered in cooperation with the Cornell cooperative extension and\nthe soil and water conservation districts to avoid duplication between\nthese agencies and the department.\n
N.Y. ELN Law § 3-300 — New York Code / Act ELN / Article 3 / Title 3 / Section 3-300
Board employees; appointment
Status: in_force

§ 3-300. Board employees; appointment. Every board of elections shall\nappoint, and at its pleasure remove, clerks, voting machine technicians,\ncustodians and other employees, fix their number, prescribe their\nduties, fix their titles and rank and establish their salaries within\nthe amounts appropriated therefor by the local legislative body and\nshall secure in the appointment of employees of the board of elections\nequal representation of the major political parties.  Every commissioner\nin each board of elections except for commissioners of the board of\nelections of the city of New York, may approve and at pleasure remove a\ndeputy, establish his title and prescribe his duties. In the city of New\nYork, the board of elections shall appoint an executive director and a\ndeputy executive director whose duties it shall be to supervise the\noperations of the board of elections under the supervision of such\nboard.\n
N.Y. ELD Law § 252 — New York Code / Act ELD / Article 2 / Title 3 / Section 252
Procedures for determinations relating to package, or form of dosage or administration, of certain drugs
Status: in_force

§ 252. Procedures for determinations relating to package, or form of\ndosage or administration, of certain drugs. 1. If the department of\nhealth makes an initial determination that a particular package, or form\nof dosage or administration, of a drug shall be excluded in accordance\nwith the provisions of paragraph (b) of subdivision one of section two\nhundred forty-one of this title, the executive department shall notify\nthe manufacturer of such drug product that the executive department\nintends to seek the exclusion of such package, or form of dosage or\nadministration, from the program and shall provide such manufacturer\nwith the reasons therefor together with the facts which the department\nrelies upon to support its initial determination. The manufacturer shall\nhave fifteen days after receiving such exclusion notice to notify the\nexecutive department of an intent to appeal the decision. If the\nmanufacturer fails to notify the executive department of an intent to\nappeal within the time specified in this section, the commissioner of\nhealth shall forthwith determine whether the package, or form of dosage\nor administration, shall be excluded from the program. If the\nmanufacturer notifies the executive department of an intent to appeal,\nthe manufacturer shall submit to the executive department within\nforty-five days of receiving such exclusion notice, the basis of the\nmanufacturer's appeal. Within fifteen days of receiving such submission\nfrom the manufacturer, the executive department shall provide to the\nmanufacturer any additional facts concerning the drug product that the\ndepartment relies upon to support its initial determination. Within ten\ndays of receiving such facts, the manufacturer may submit additional\nfacts concerning the drug package, or form of dosage or administration.\nBased on the facts submitted pursuant to this section, the commissioner\nof health shall make a final determination, in accordance with the\nstandard set forth in paragraph (b) of subdivision one of section two\nhundred forty-one of this title, as to whether the package, or form of\ndosage or administration, of the drug product shall constitute a covered\ndrug for the purposes of this article. A determination to exclude the\ndrug package, or form of dosage or administration, shall be subject to\njudicial review pursuant to article seventy-eight of the civil practice\nlaw and rules.\n  2. The commissioner of health shall establish by regulation an\nappropriate process allowing drug packages, or forms of dosage or\nadministration, finally determined under this section not to be covered\ndrugs for the purposes of this title to be dispensed to program\nparticipants for whom such drug packages, or forms of dosage or\nadministration, are medically indicated as certified to by a physician\ntreating such participant. Any such drug package, or form of dosage or\nadministration, so certified as medically indicated for a specific\nparticipant in accordance with such regulations shall be a covered drug\nfor the purpose of this title.\n
N.Y. ENV Law § 13-0313 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0313
Shellfish growers; definition; bed permit
Status: in_force

§ 13-0313. Shellfish growers; definition; bed permit.\n  1. Any person resident in this state one year or more may engage in\nthe cultivation and marketing of shellfish subject to the provisions of\nsections 13-0307, 13-0309, 13-0311 and 13-0319 and shall be known as a\ngrower.\n  2. A grower shall not take shellfish, for shipping or marketing from\nlands owned, leased or rented by him, except upon permit of the\ndepartment which shall certify that such lands lie within certified\nareas. The department shall prescribe and furnish forms for application\nfor such permits.\n  3. The fee for such permit shall be twenty-five cents for each acre\nfrom which shellfish are to be taken; provided, however, that the\nminimum fee shall be five dollars. Such certificates shall expire on\nDecember 31 of the year of issue.\n  4. If it appears in the public interest, the department may suspend or\ncancel any such permit.\n  5. Where lands for which such permit has been issued are found to be\nin part within an uncertified area, the department shall issue without\nfee, a new permit covering the remaining portion of such lands.\n  6. In case of assignment or transfer of rights or ownership of any\nprivate or leased lands under water, or parts thereof, a new permit\nshall be required.\n
N.Y. PBA Law § 157 — New York Code / Act PBA / Article 2 / Title 3 / Section 157
Bonds of the authority
Status: in_force

* § 157. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue its negotiable bonds in\nconformity with applicable provisions of the uniform commercial code in\nthe aggregate principal amount of not exceeding ten million, fifty\nthousand dollars outstanding at any one time. The authority shall have\npower from time to time to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other corporate purposes. In computing the total amount of bonds of\nthe authority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange for new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, every issue of the\nbonds shall be general obligations payable out of any moneys or revenues\nof the authority, subject only to any agreements with the holders of\nparticular bonds pledging any particular revenues.\n  2. Such bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nforty years from their respective dates, bear interest at such rate or\nrates, not exceeding five per centum per annum payable semi-annually, be\nin such denominations, be in such form, either coupon or registered,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment, at such place or places, and be\nsubject to such terms of redemption, as such resolution or resolutions\nmay provide. Such bonds may be sold at public or private sale for such\nprice or prices as the authority shall determine.\n  3. Such bonds may be issued for any corporate purpose of the authority\nincluding payment of the cost of the acquisition of any additional\nlands, easements or rights in land which may hereafter be acquired for\nJones Beach parkway or Captree bridge or Captree parkway or any other\nimprovements that the authority is authorized to construct.\n  4. Any resolution or resolutions authorizing any bonds may contain\nprovisions, which shall be a part of the agreement with the holders of\nthe bonds, as to (a) pledging the revenues of Jones Beach parkway and\nCaptree bridge and Captree parkway and any improvements operated by the\nauthority, or any part of such revenues to secure the payment of the\nbonds or of any issue of the bonds;\n  (b) the rates of the tolls and rentals to be charged and of other\ncharges to be made, and the amount to be raised in each year in revenues\nof any kind and the use and disposition of the revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the commission and of the authority\nand their successors to restrict and regulate the use of Jones Beach\nparkway, Captree bridge, Captree parkway, or any other improvement in\nconnection with which such bonds are issued;\n  (e) limitations on the purposes to which the proceeds of the sale of\nany issue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to the payment of the bonds on such terms and\nconditions as the resolution may provide;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any agreement with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of revenues derived from Jones Beach\nparkway, Captree bridge, Captree parkway or any improvement operated by\nthe authority to be expended for operating, administrative or other\nexpenses of the authority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section one hundred sixty-two hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder section one hundred sixty-two hereof or limiting the rights,\nduties and powers of such trustee;\n  (j) any other matters of like or different character which in any way\naffect the security or protection of the bonds.\n  4-a. Any resolution or resolutions authorizing any bonds or any issue\nof bonds maturing in not exceeding ten years from their date (hereafter\nin this subsection four-a referred to as "short term obligations") may\ncontain, in addition to all other provisions authorized by this title,\nprovisions, which shall be a part of the agreement with the holders of\nthe short term obligations thereby authorized, as to (a) refunding the\nshort term obligations by the issuance of bonds of the authority either\nby the sale of bonds and the application of the proceeds to the payment\nof the short term obligations or by the exchange of bonds for the short\nterm obligations; provided, however, that the authority shall make no\ncovenant to refund which shall require it to issue bonds, the aggregate\nprincipal amount of which shall exceed by more than ten per centum the\naggregate principal amount of the short term obligations to be refunded\nthereby;\n  (b) satisfying, paying or discharging the short term obligations, at\nthe election of the authority, by the tender or delivery of bonds of the\nauthority in exchange therefor; provided, however, that the aggregate\nprincipal amount of bonds shall not exceed by more than ten per centum\nthe aggregate principal amount of the short term obligations to satisfy,\npay or discharge which the bonds are tendered or delivered;\n  (c) exchanging or converting the short term obligations, at the\nelection of the holder thereof, for or into bonds of the authority;\nprovided, however, that the aggregate principal amount of the bonds\nshall not exceed by more than ten per centum the aggregate principal\namount of the short term obligations to be exchanged for or converted\ninto bonds;\n  (d) pledging bonds of the authority as collateral to secure payment of\nthe short term obligations and providing for the terms and conditions of\nthe pledge and manner of enforcing the pledge, which terms and\nconditions may provide for the delivery of the bonds in satisfaction of\nthe short term obligations; provided, however, that the aggregate\nprincipal amount of the bonds pledged shall not exceed by more than ten\nper centum the aggregate principal amount of the short term obligations\nto secure which they are pledged;\n  (e) depositing bonds in escrow or in trust with a trustee or fiscal\nagent or otherwise providing for the issuance and disposition of the\nbonds as security for carrying out any provisions in any resolution\nadopted pursuant to the foregoing paragraphs (a), (b), (c) and (d)\nhereof and providing for the powers and duties of the trustee or fiscal\nagent or other depositary and the terms and conditions on which the\nbonds are to be issued, held and disposed of;\n  (f) any other matters of like or different character which relate to\nany provision or provisions of any resolution adopted pursuant to the\nforegoing paragraphs (a), (b), (c), (d) and (e) hereof.\n  In computing the amount of bonds of the authority which may be\noutstanding at any one time, short term obligations shall be excluded to\nthe extent that the resolution authorizing the issuance of such short\nterm obligations shall provide for the issuance of bonds pursuant to\nparagraphs (a), (b), (c) or (d) of this subsection, but the bonds\nprovided to be issued by such resolution shall be included in making\nsuch computation whether or not such bonds are outstanding.\n  The authority shall have power to make contracts for the future sale\nfrom time to time of short term obligations, by which the purchasers\nshall be committed to purchase short term obligations from time to time\non the terms and conditions stated in such contracts, and the authority\nshall have power to pay such consideration as it shall deem proper for\nsuch commitments.\n  5. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that revenues or other moneys so pledged and\nthereafter received by the authority shall immediately be subject to the\nlien of such pledge without any physical delivery thereof or further\nact, and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority, irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  6. Neither the members of the board nor any person executing the bonds\nshall be liable personally on the bonds or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  7. For the purpose of refunding or reducing its debt the authority\nshall have power out of any funds available therefor to purchase any\nbonds issued by it at a price not more than one hundred and five per\ncentum of the principal amount thereof and accrued interest. The\nauthority may hold, cancel or resell such bonds, subject to and in\naccordance with agreements with bondholders.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. MDW Law § 75 — New York Code / Act MDW / Article 3 / Title 3 / Section 75
Water supply
Status: in_force

§ 75. Water supply. 1. In every multiple dwelling erected after April\neighteenth, nineteen hundred twenty-nine, where space is provided for\ncooking there shall be in every apartment a proper sink with running\nwater and with a two-inch waste and trap.\n  2. The owner of every multiple dwelling shall provide proper\nappliances to receive and distribute an adequate supply of water, to and\nin every apartment or suite of rooms at all times of the year, during\nall hours. Failure in the general supply of water from the street\nservice main shall not be construed as a failure on the part of the\nowner, if suitable appliances to receive and distribute such water have\nbeen provided in the dwelling.\n  3. For dwellings three or more stories in height erected on or after\nApril eighteenth, nineteen hundred twenty-nine, and for all dwellings\nerected after January first, nineteen hundred fifty-one, such supply\nshall include both hot and cold water at all times of the year, during\nall hours, except that hot water service shall not be required by this\nsection in a dwelling erected before April eighteenth, nineteen hundred\ntwenty-nine, if the owner establishes to the satisfaction of the\ndepartment that such service was not furnished or required before such\ndate.\n  4. No multiple dwelling shall be erected unless it is connected with a\nstreet service water main.\n  5. No required sink shall be placed within any water-closet\ncompartment or within any bathroom containing a water-closet.\n
N.Y. VAT Law § 333 — New York Code / Act VAT / Title 3 / Article 7 / Section 333
Payments sufficient to satisfy requirements of this article
Status: in_force

§ 333. Payments sufficient to satisfy requirements of this article.\nEvery judgment herein referred to shall for the purpose of this article\nonly be deemed satisfied: (a) When twenty-five thousand dollars has been\ncredited upon any judgment or judgments rendered in excess of that\namount because of bodily injury to or when fifty thousand dollars has\nbeen credited upon any judgment or judgments rendered in excess of that\namount because of death of one person as the result of any one accident;\nor\n  (b) When subject to such limit of twenty-five thousand dollars because\nof bodily injury to or fifty thousand dollars because of death of one\nperson, the sum of fifty thousand dollars has been credited upon any\njudgment or judgments rendered in excess of that amount because of\nbodily injury to or when one hundred thousand dollars has been credited\nupon any judgment or judgments rendered in excess of that amount because\nof death of two or more persons as the result of any one accident; or\n  (c) When ten thousand dollars has been credited upon any judgment or\njudgments rendered in excess of that amount because of injury to or\ndestruction of property of others as a result of any one accident.\n  Payments made in settlement of any claims because of bodily injury,\ndeath or property damage arising from a motor vehicle accident shall be\ncredited in reduction of the amounts provided for in this section.\n
N.Y. VAT Law § 398-C — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-C
Registration required; application; fees and issuance of certificate of registration
Status: in_force

§ 398-c. Registration required; application; fees and issuance of\ncertificate of registration. 1. Registration required. On and after the\nfirst day of November, nineteen hundred seventy-five, no person shall\noperate, or cause to have operated, a motor vehicle repair shop, unless\nsuch motor vehicle repair shop is registered in accordance with the\nprovisions of this article and unless such registration is currently\nvalid. The commissioner may request the attorney general to commence an\naction to enjoin the operation of any motor vehicle repair shop in\nviolation of this subdivision. A violation of this subdivision shall be\nheard and determined and shall be subject to penalties as provided in\nsection three hundred ninety-eight-i of this chapter.\n  2. Application. An application for a certificate of registration under\nthis section shall be filed with the commissioner, in such form and\ndetail as the commissioner shall prescribe, setting forth:\n  (a) the name and the residence address of the applicant; if an\nindividual, the name under which he intends to conduct business; if a\nco-partnership, the name and residence address of each member thereof,\nand the name under which the business is to be conducted; if a\ncorporation where stock is not sold to the public on a stock exchange or\nover-the-counter market, the name of the corporation, the name and\nresidence address of each of the officers, directors and stockholders of\nthe corporation holding more than ten percent of the outstanding stock\nand the name under which the business is to be conducted if different\nfrom the name of the corporation; if a corporation whose stock is sold\nto the public on a stock exchange or over-the-counter market, the name\nand business address of the corporation, the name under which the\nbusiness is to be conducted if different from the corporate name and a\nseparate statement that the corporation is either registered in New York\nor is authorized to do business in this state.\n  (a-1) appropriate certification or documentation from the municipality\nwhere the repair shop is located that the facility is in compliance with\napplicable zoning and planning regulations, fire regulations and\nbuilding codes. It shall be the responsibility of the applicant to\nprovide such documentation for the commissioner. The commissioner may\nwaive this requirement for applicants from municipalities without such\ncodes or regulations.\n  (b) the place or places, including the complete address or addresses,\nwhere the business is to be conducted.\n  (c) on and after January first, nineteen hundred ninety-one, an\nindication as to whether the applicant services motor vehicle\nair-conditioning systems and, if so, whether the applicant has purchased\napproved motor vehicle refrigerant recycling equipment or approved motor\nvehicle refrigerant recapturing equipment in accordance with section\n38-0107 of the environmental conservation law. Applicants who indicate\nthat they have purchased approved motor vehicle refrigerant recycling\nequipment must submit along with their application either a\nmanufacturer's certificate issued upon purchase or an invoice with proof\nof payment. All such documents shall contain the name and address of the\nrepair shop and manufacturer, the date purchased, and the serial numbers\nof the units acquired.\n  (d) such further information as the commissioner may by rule\nprescribe.\n  The commissioner may require the applicant to appear at such time and\nplace as may be designated by the commissioner for examination to enable\nhim to determine the accuracy of the facts set forth in the written\napplication, either for initial registration or renewal thereof. Where\nthe business is conducted under franchise, lease or other similar\narrangement, the commissioner, in his discretion, may require the\napplication to be submitted by the franchise holder, lessee or other\nperson actually responsible for conducting the business. Every\napplication under this section shall be affirmed as true by the\napplicant.\n  3. Fees and issuance of certificate of registration.\n  (a) Every original application shall be accompanied by an application\nfee of ten dollars, which shall in no event be refunded. If an\napplication is approved by the commissioner, upon payment by the\napplicant of an additional fee of one hundred fifty dollars for each\nplace of business, the applicant shall be granted a certificate of\nregistration for each place of business, which certificate or\ncertificates shall be valid for a period of two years. The commissioner\nmay, however, in his discretion, issue such certificates of registration\non a staggered expiration basis, in which event the fees set forth\nherein shall be prorated on a monthly basis. In the event a certificate\nof registration is issued on a staggered expiration basis, it shall\nexpire on the date fixed by the commissioner. The biennial fee for\nrenewal of any certificate of registration issued pursuant to this\nsection shall be one hundred fifty dollars. The commissioner shall issue\na certificate of registration to each applicant pursuant to the\nprovisions of this article, which certificate shall be conspicuously\ndisplayed in the place of business of the registrant for which such\nregistration is issued. In the case of loss, mutilation or destruction\nof a certificate of registration, the commissioner shall upon\napplication issue a duplicate certificate thereof upon proof of the\nfacts.\n  (b) If a certificate of registration under this section shall be\nissued in the names of two or more persons as partners and a change\noccurs in the membership of such partnership, the certificate of\nregistration shall not expire thereupon so long as any one of the\npersons named in such certificate is a member of the partnership or\ncarries on the business of the partnership as surviving member of the\npartnership; provided, however, that when any such change occurs and the\ncertificate of registration does not expire, the partners or surviving\nmember after such change shall forthwith file with the commissioner (i)\na statement regarding the change in such form and giving such\ninformation as the commissioner shall require or, where the change\ninvolves the addition of one or more new partners, (ii) a new\napplication as provided in subdivision two of this section. Such new\ncertificate of registration shall expire on the expiration date of the\none replaced.\n  (c) If a certificate of registration under this section shall be\nissued and, subsequent thereto, the business name of any such shop is\nchanged, or in the event that the owners of a business incorporate said\nbusiness with no change in the actual ownership and operation thereof,\nsuch owner or owners thereof shall forthwith file with the commissioner\na statement regarding the change of name in such form and with such\ninformation as the commissioner shall require.\n  (d) Fees assessed under this section shall be paid to the commissioner\nfor deposit to the general fund.\n  4. If an individual owner of a registered repair shop dies or is\nadjudged mentally incompetent, his executor or administrator or his\ncommittee may carry on the business by filing an amendment to the\napplication for registration. Every corporation whose stock is not sold\nto the public on a stock exchange or over-the-counter market shall file\nan amendment to its application for registration if there is any change\nin its officers, stockholders who hold more than ten percent of the\noutstanding shares, or directors. Every repair shop shall file an\namendment to its application for registration if it changes its\nlocation. Every such amendment shall be filed within thirty days of the\nevent.\n
N.Y. ENV Law § 3-0321 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0321
Gifts, donations, capital improvements
Status: in_force

§ 3-0321. Gifts, donations, capital improvements.\n  1. Notwithstanding the provisions of the state finance law, or any\nother state law to the contrary, and subject to approval of the director\nof the budget, the commissioner is authorized to accept an unconditional\ngrant, gift, devise or bequest, either absolutely or in trust, from\npersons and entities for the maintenance of any educational or\nrecreational facilities or for programs that promote the use or\nstewardship of state owned lands under the department's jurisdiction or\nmanagement; establish a special fund or funds consisting of monies so\nacquired and administer such fund or funds; and expend such monies.\n  2. Notwithstanding the provisions of the state finance law, or any\nother state law to the contrary, the commissioner is authorized to:\n  (a) receive, hold and administer personal property and any income\nthereof, acquired by grant, unconditional gift, devise or bequest,\neither absolutely or in trust, for the maintenance of any educational or\nrecreational facilities or for programs that promote the use or\nstewardship of state owned lands under the department's jurisdiction or\nmanagement; establish a special fund or funds consisting of monies so\nacquired and administer such fund or funds; and expend such monies; and\n  (b) seek investment from private philanthropic interest or\nnot-for-profit corporations for capital improvements at state owned\nfacilities under the department's jurisdiction or management.\n  3. For purposes of this section, educational or recreational\nfacilities or programs that promote the use or stewardship of\nstate-owned lands under the department's jurisdiction or management\nshall include, but not be limited to, campgrounds, fish hatcheries,\nhistoric areas and facilities, kiosks, signage, programs for maintenance\nand development of roads and trails, and programs to improve access for\npersons with disabilities.\n  4. The commissioner shall not accept any grant, gift, devise or\nbequest from or enter into any contract or agreement authorized pursuant\nto subdivisions one, two, and, three of this section with persons or\nentities:\n  (a) named in a pending lawsuit by or against the department;\n  (b) under investigation by the department;\n  (c) with a permit or license application pending before the department\nor currently holding a department-issued permit or license, except for\npermits or licenses that are ministerial in nature, such as sporting\nlicenses, use of state land permits, or general permits;\n  (d) engaged in settlement negotiations with the department regarding\nany civil, criminal or administrative matter; or\n  (e) subject to a consent order issued by the department.\n
N.Y. ENV Law § 13-0340-D — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-D
Blackfish or tautog (Tautoga onitis)
Status: in_force

§ 13-0340-d. Blackfish or tautog (Tautoga onitis).\n  1. The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of blackfish\n(Tautoga onitis), including size limits, catch and possession limits,\nopen and closed seasons, closed areas, restrictions on the manner of\ntaking and landing, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n  2. The commercial possession limit for blackfish (tautog) shall be 25\nper trip per vessel.\n
N.Y. RPT Law § 932 — New York Code / Act RPT / Article 9 / Title 3 / Section 932
Payment of taxes on part of a parcel of real property
Status: in_force

§ 932. Payment of taxes on part of a parcel of real property. 1.  The\ncollecting officer shall receive the tax on part of a parcel of real\nproperty provided the person offering to pay such tax shall furnish a\nparticular specification of such part, including an apportionment of the\nassessment thereof made by the assessor after due notice to the parties\naffected. In the event that the tax on the remainder remains unpaid, the\ncollecting officer shall enter such specification on his return to the\ncounty treasurer, indicating the part on which the tax remains unpaid.\nIf the part on which the tax was paid is an undivided share, the person\npaying the same shall furnish the collecting officer with the name of\nthe owner thereof, which shall be entered on the return of unpaid taxes,\nand the share of such owner shall be excepted in case of sale for the\ntax on the remainder.\n  2. The county treasurer may, with respect to any taxes returned to him\nas unpaid, receive the taxes on part of a parcel of real property in the\nsame manner and subject to the same conditions as set forth in\nsubdivision one of this section.\n
N.Y. PBH Law § 30 — New York Code / Act PBH / Article 1 / Title 3 / Section 30
Legislative intent
Status: in_force

§ 30. Legislative intent. This title establishes an independent office\nof Medicaid inspector general within the department to consolidate staff\nand other Medicaid fraud detection, prevention and recovery functions\nfrom the relevant governmental entities into a single office, and grants\nsuch office new powers and responsibilities. As such, this title is\nintended to create a more efficient and accountable structure,\ndramatically reorganize and streamline the state's process of detecting\nand combating Medicaid fraud and abuse and maximize the recoupment of\nimproper Medicaid payments.\n
N.Y. PBA Law § 2855 — New York Code / Act PBA / Article 9 / Title 3-A / Section 2855
Electronic method of payment; periodic charges
Status: in_force

§ 2855. Electronic method of payment; periodic charges.\nNotwithstanding the provisions of any law to the contrary, if any\nauthority shall offer any electronic method of payment for tolls, fares,\nfees, rentals, or other charges, including but not limited to a system\ncalled E-ZPass, such authority shall not impose any periodic\nadministrative or other charge for the privilege of using such\nelectronic method of payment for such charges. Nothing in this section\nshall be construed to prohibit any authority from making any charge for\nextra services requested by a holder of such electronic method of\npayment, any charge for lost or damaged equipment, or for defaults, such\nas charges for dishonored checks. The authority shall not enter any\nagreement with bondholders that would require the imposition of\nadministrative or other periodic charges relating to electronic methods\nof payment prohibited by this section.\n
N.Y. ENV Law § 15-0317 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0317
General powers and duties
Status: in_force

§ 15-0317. General powers and duties.\n  The department shall continue to exercise all the functions, powers\nand duties of the former Water Resources Commission as specified in the\nformer Conservation Law in effect on the date of the enactment of\nchapter 140 of the laws of 1970, and all the functions, powers and\nduties of the Water Power and Control Commission as previously\nestablished by chapter 242 of the laws of 1928 and of its predecessors\nand all the functions, powers and duties enumerated in this article as\namended and as may hereinafter be prescribed by law.\n
N.Y. ENV Law § 19-0302 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0302
Permits and certificates
Status: in_force

§ 19-0302. Permits and certificates.\n  1. The rules and regulations adopted by the department to implement\nthis article and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder and the provisions of the state\nadministrative procedure act shall govern permit and certificate\napplications, renewals, modifications, suspensions and revocations under\nthis article unless otherwise provided for in this article.\n  2. No permit issued pursuant to this article shall include\nperformance, emission or control standards more stringent than any\nestablished by the Act or by the United States environmental protection\nagency unless such standards are authorized by rules or regulations.\n
N.Y. ENV Law § 13-0360 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0360
Special management areas
Status: in_force

§ 13-0360. Special management areas.\n  1. For purposes of this section:\n  (a) "artificial reef" shall mean a hard structure, deliberately placed\nin a marine or coastal water body for the purpose of imitating\nenvironmental conditions found on natural underwater rock outcroppings,\nshellfish reefs or coral reefs; and\n  (b) "wreck" shall mean an abandoned shipwreck which occurred through\nan accidental circumstance or deliberate scuttling or sinking that was\nnot part of artificial reef construction activities.\n  2. For the purposes of protecting reef ecosystems and managing reef\nfisheries, the department is hereby authorized to adopt regulations\nwhich designate as a special management area any area of the marine and\ncoastal district which contains artificial reefs or wrecks simulating\nartificial reefs together with the surrounding areas where the biota are\ndependent upon the physical characteristics of the reef.\n  3. Notwithstanding any other provision of this chapter, the department\nmay, until December thirty-first, two thousand twenty-six, adopt\nregulations restricting the taking of fish, shellfish and crustacea in\nany special management area designated pursuant to subdivision two of\nthis section. Such regulations may restrict the manner of taking of\nfish, shellfish and crustacea in such areas and the landing of fish,\nshellfish and crustacea which have been taken therefrom. Such\nregulations shall be consistent with all relevant federal and interstate\nfisheries management plans and with the marine fisheries conservation\nand management policy set forth in section 13-0105 of this article.\n
N.Y. VAT Law § 399-R — New York Code / Act VAT / Title 3 / Article 12-D / Section 399-R
Regulations, fees and privacy
Status: in_force

* § 399-r. Regulations, fees and privacy. 1. The commissioner is\nauthorized and directed to promulgate any rules and regulations\nnecessary to implement the provisions of this article and to insure that\ninternet delivered pre-licensing courses as approved by the commissioner\nand established pursuant to this article, can validate: student identity\nat registration and throughout the course; participation throughout the\ncourse; that time requirements are met; and successful completion of the\ncourse. Provided, however, that any rules and regulations promulgated\npursuant to this article shall not stipulate any particular location for\ndelivery of a pre-licensing course or limit the time of day during which\nsuch course may be taken.\n  2. The commissioner is authorized to impose a fee upon each internet\npre-licensing course sponsoring agency approved for participation in the\npilot program to deliver such course, which shall not exceed eight\ndollars for each student who completes such course by means of the pilot\nprogram established pursuant to this article. Such fees, excluding\nadministrative expenses of the department, shall be deposited in the\ndedicated highway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law.\n  3. No internet pre-licensing course sponsoring agency shall disclose\nor otherwise make available to any person or entity any personal\ninformation obtained by such provider about any student who registers\nfor such course. For the purposes of this article, "personal\ninformation" shall mean information that identifies an individual,\nincluding an individual's photo image, social security number, driver\nidentification number, name, address (but not the five-digit zip code),\ntelephone number, and medical or disability information.\n  * NB Repealed June 30, 2030\n
N.Y. ELN Law § 8-308 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-308
Voting; voting write-in
Status: in_force

§ 8-308. Voting; voting write-in. 1. Ballots voted for any person\nwhose name does not appear on the ballot as a nominated or designated\ncandidate for public office or party position are referred to in this\narticle as write-in ballots.\n  2. Any write-in vote for a candidate whether or not such candidate's\nname is on the ballot for that contest shall be counted for such\ncandidate unless such write-in vote creates an invalid overvote in the\ncontest.\n  3. A write-in ballot must be cast in its appropriate place on the\nballot, or it shall be void and not counted.\n  4. A write-in ballot cast in a party primary for a candidate not\nenrolled in such party shall be void and not counted.\n  5. A write-in ballot may also be cast by the use of a name stamp. The\nuse of name stickers, labels or pasters is prohibited.\n
N.Y. EXC Law § 523-B — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-B
Office of the ombudsman
Status: in_force

§ 523-b. Office of the ombudsman. There is hereby established the\noffice of the ombudsman in the office of children and family services.\nThe commissioner shall appoint the director of the office of the\nombudsman.  The director shall be an attorney licensed to practice law\nin New York.  The director shall report to the commissioner. Persons\nemployed by the office of the ombudsman to act as "ombudsmen" shall be\nattorneys or shall have expertise in the areas of juvenile justice and\nyouth rights, as evidenced by experience in the field, or by academic\nbackground, the level and sufficiency of which shall be determined by\nthe director.\n
N.Y. EXC Law § 523-J — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-J
Office of the ombudsman reports
Status: in_force

§ 523-j. Office of the ombudsman reports. The office of the ombudsman\nshall submit regular reports, at least monthly, which shall contain\ninformation regarding major grievances, complaints received and other\nmatters needing attention. The reports shall include a recitation of the\nissue or complaint, a brief statement of facts, and the conclusions and\nrecommendations of the office of the ombudsman, and such other items of\ninformation as the office of the ombudsman shall deem appropriate. The\nreports shall be forwarded unaltered by the office of the ombudsman to\nthe commissioner and other appropriate office officials, and to the\nindependent review board. When the facility director has conducted an\ninvestigation into the matters reported by the office of the ombudsman,\nthe findings or response of such facility director shall be included in\nthe office of the ombudsman's report.\n
N.Y. VAT Law § 378 — New York Code / Act VAT / Title 3 / Article 9 / Section 378
Additional safety requirements for commercial vehicles and vehicles transporting hazardous materials
Status: in_force

§ 378. Additional safety requirements for commercial vehicles and\nvehicles transporting hazardous materials. 1.  Motor vehicles and\ntrailers operated pursuant to or requiring a certificate or permit for\nthe transportation of property or hazardous materials from the\ninterstate commerce commission or the commissioner of transportation and\nall other motor vehicles and trailers operated for the commercial\ntransportation of property or hazardous materials, in addition to being\nsubject to the provisions of this chapter and regulations promulgated\nthereunder, are also subject to the provisions of section one hundred\nforty of the transportation law and safety rules and regulations\npromulgated thereunder.\n  2. Vehicles transporting hazardous materials, in addition to being\nsubject to the provisions of this chapter and regulations promulgated\nthereunder are also subject to the provisions of section fourteen-f of\nthe transportation law and rules and regulations promulgated thereunder.\n  3. Whenever a vehicle is in violation of a provision of both the\nvehicle and traffic law and section fourteen-f or section one hundred\nforty of the transportation law or safety rules and regulations\npromulgated thereunder, if the offenses arise from the same incident and\nthe elements of both offenses are substantially the same, the alleged\nviolator shall be charged only with the appropriate offense of the\ntransportation law.\n
N.Y. ENV Law § 11-0309 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0309
Extension of open seasons after emergency closing
Status: in_force

§ 11-0309. Extension of open seasons after emergency closing.\n  Whenever open seasons for hunting, fishing or trapping have been\ncurtailed by a proclamation of the Governor pursuant to section 9-1101\nof this chapter closing forests and woodlands, or open lands or waters\nto the public, or suspending an open season for taking fish or wildlife,\nbecause of danger of fire, the department, at the expiration of the\neffective period of the proclamation, shall have power, within the\nlimits of counties affected by the proclamation, to extend by regulation\nany open season, for a period not to exceed the effective period of the\nproclamation.\n
N.Y. ENV Law § 9-0301 — New York Code / Act ENV / Article 9 / Title 3 / Section 9-0301
Use and diminution of Adirondack and Catskill parks
Status: in_force

§ 9-0301. Use and diminution of Adirondack and Catskill parks.\n  1. All lands in the Catskill park and in the Adirondack park, except\nthose lying within the town of Dannemora, now owned or which may\nhereafter be acquired by the state, shall be forever reserved and\nmaintained for the free use of all the people, except that nothing\nherein shall prohibit the charging of a fee for services rendered or\nfacilities provided.\n  2. No law diminishing the area of the Adirondack and Catskill parks,\nas defined in section 9-0101 hereof, shall be effective unless enacted\nby the legislature at two successive regular sessions.\n
N.Y. PBA Law § 1470-N — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-N
Tax contract by the state
Status: in_force

* § 1470-n. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom, and\nall moneys, funds and revenues pledged to pay or secure the payment of\nsuch bonds, shall at all times be free from taxation except for estate\ntaxes and taxes on transfers by or in contemplation of death.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. LAB Law § 281 — New York Code / Act LAB / Article 11 / Title 3 / Section 281
Fireproof receptacles
Status: in_force

§ 281. Fireproof receptacles. Every factory shall be provided with\nproperly covered fireproof receptacles, the number, style and location\nof which shall be approved in the city of New York by the fire\ncommissioner and elsewhere by the commissioner. There shall be deposited\nin such receptacles waste materials, cuttings and rubbish of an\ninflammable nature. No waste materials, cuttings or rubbish shall be\npermitted to accumulate on the floors of any factory but shall be\nremoved therefrom not less than twice each day. All such waste\nmaterials, cuttings and rubbish shall be entirely removed from a factory\nbuilding at least once a day, except that baled waste material may be\nstored in fireproof enclosures. All such baled waste material shall be\nremoved from the building at least once a month.\n
N.Y. VAT Law § 309 — New York Code / Act VAT / Title 3 / Article 5-A / Section 309
Legislative findings
Status: in_force

§ 309. Legislative findings. 1. The legislature hereby finds and\ndeclares that the safety of the motoring public depends on a modern\nsystem of periodic motor vehicle inspection.\n  2. In nineteen hundred fifty-nine New York state recognized the need\nfor inspection of motor vehicles to assure its citizens that their\nsafety would be protected by removing from its highways those cars whose\nmechanical condition did not meet rigid standards of safety.\n  3. The introduction of anti-pollution devices and newly developed\nsafety attachments to modern automobiles requires that experimental\ninspection stations be established to permit the testing of new methods\nof periodic motor vehicle inspection.\n  4. The creation of new techniques of periodic motor vehicle inspection\nhas become the concern of the federal government, and federal funds are\nnow available for the development of criteria for modern inspection\nmethods.  Therefore, legislation should be enacted to promote the\nadvancement of the periodic motor vehicle inspection program in New York\nstate.\n
N.Y. VAT Law § 357 — New York Code / Act VAT / Title 3 / Article 7 / Section 357
Failing to report convictions and judgments
Status: in_force

§ 357. Failing to report convictions and judgments. Any person\nrequired to forward to the commissioner a record of a conviction or a\njudgment for damages as provided in section three hundred thirty-six,\nwho wilfully fails or neglects to do so, shall be punished by a fine of\nnot less than ten dollars for each separate offense.\n
N.Y. SOS Law § 408 — New York Code / Act SOS / Article 6 / Title 3 / Section 408
Custodian of funds
Status: in_force

§ 408.  Custodian of funds.  The department of taxation and finance is\nhereby authorized to accept and receive on behalf of the state any and\nall grants or allotments of money made available to the state by or\npursuant to the federal social security act for such child welfare\nservices.  All moneys so accepted and received shall be deposited by the\ndepartment of taxation and finance to the credit of a special fund for\nuse exclusively for the purposes for which such grants or allotments\nwere made.  The department shall certify to the comptroller all\nexpenditures to be made from such special fund for payment of the part\nof the cost of district, county or other local child welfare services\nand for developing state services for the encouragement and assistance\nof adequate methods of community child welfare organization.  Such\nexpenditures may be made for personal service and for administrative and\nother costs of operation.\n
N.Y. GOB Law § 3-307 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-307
Liability of husband for antenuptial debts
Status: in_force

§ 3-307. Liability of husband for antenuptial debts. A husband who\nacquires property of his wife by antenuptial contract or otherwise, is\nliable for her debts contracted before marriage, but only to the extent\nof the property so acquired.\n
N.Y. PBH Law § 1150 — New York Code / Act PBH / Article 11 / Title 3 / Section 1150
Definitions
Status: in_force

§ 1150. Definitions.  As used in this title the term "water works\ncorporation" shall mean any entity that has one thousand or more water\nservice connections, and comes within the definition in section two of\nthe public service law or paragraph (a) of subdivision one of section\none hundred twenty-u of the general municipal law.\n
N.Y. ENV Law § 11-0303 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0303
Management of fish and wildlife resources; general purposes and policies governing manner of exercise of powers
Status: in_force

§ 11-0303. Management of fish and wildlife resources; general purposes\n             and policies governing manner of exercise of powers.\n  1. The general purpose of powers affecting fish and wildlife, granted\nto the department by the Fish and Wildlife Law, is to vest in the\ndepartment, to the extent of the powers so granted, the efficient\nmanagement of the fish and wildlife resources of the state. Such\nresources shall be deemed to include all animal and vegetable life and\nthe soil, water and atmospheric environment thereof, owned by the state\nor of which it may obtain management, to the extent that they constitute\nthe habitat of fish and wildlife as defined in section 11-0103. Such\nmanagement shall be deemed to include both the maintenance and\nimprovement of such resources as natural resources and the development\nand administration of measures for making them accessible to the people\nof the state. To obtain these results it shall include, to the extent\nauthorized by law, the undertaking and execution of reciprocal and\ncooperative arrangements with the government of the United States, with\nother states, and with other departments and agencies of this state,\npolitical subdivisions and public corporations of this state and owners\nand lessees of privately owned lands and waters, and shall also include\ncontinuation of research and educational programs.\n  2. To such extent as it shall deem feasible without prejudice to other\nfunctions in the management of fish and wildlife resources of the state\nand the execution of other duties imposed by law, the department is\ndirected, in the exercise of the powers conferred upon it, to develop\nand carry out programs and procedures which will in its judgment, (a)\npromote natural propagation and maintenance of desirable species in\necological balance, and (b) lead to the observance of sound management\npractices for such propagation and maintenance on lands and waters of\nthe state, whether owned by the state or by a public corporation of the\nstate or held in private ownership, having regard to (1) ecological\nfactors, including the need for restoration and improvement of natural\nhabitat and the importance of ecological balance in maintaining natural\nresources; (2) the compatibility of production and harvesting of fish\nand wildlife crops with other necessary or desirable land uses; (3) the\nimportance of fish and wildlife resources for recreational purposes; (4)\nrequirements for public safety; and (5) the need for adequate protection\nof private premises and of the persons and property of occupants thereof\nagainst abuse of privileges of access to such premises for hunting,\nfishing or trapping.\n  3. The department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation measures for the management of striped\nbass, including size limits, catch and possession limits, open and\nclosed seasons, closed areas, restrictions on the manner of taking and\nlanding, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n
N.Y. VAT Law § 397-B — New York Code / Act VAT / Title 3 / Article 12 / Section 397-B
Vehicle leases that are not sales or security interests
Status: in_force

§ 397-b. Vehicle leases that are not sales or security interests.\nNotwithstanding any other provision of law, in the case of motor\nvehicles or trailers which are not vehicles or trailers leased or used\nprimarily for personal, family, or household purposes, a transaction\ndoes not create a conditional sale or security interest merely because\nit provides that the rental price is permitted or required to be\nadjusted under the agreement either upward or downward by reference to\nthe amount realized upon sale or other disposition of the motor vehicle\nor trailer.\n
N.Y. RPT Law § 1132 — New York Code / Act RPT / Article 11 / Title 3 / Section 1132
Preference over other proceedings and actions
Status: in_force

§ 1132. Preference over other proceedings and actions. Any proceeding\nbrought pursuant to this article shall be given preference over all\nother proceedings and actions.\n
N.Y. GMU Law § 786 — New York Code / Act GMU / Article 17-A / Title 3 / Section 786
Court-ordered dissolution; judicial hearing officer
Status: in_force

§ 786. Court-ordered dissolution; judicial hearing officer. 1. If the\ngoverning body of a local government entity with a duty to prepare and\napprove a proposed elector initiated dissolution plan pursuant to\nsection seven hundred eighty-two of this title fails to prepare and\napprove such plan or is otherwise unable or unwilling to accomplish and\ncomplete the dissolution pursuant to the provisions of this article,\nthen any five electors who signed the petition seeking dissolution may\ncommence a special proceeding against the entity pursuant to article\nseventy-eight of the civil practice law and rules, in the supreme court\nwithin the judicial district in which the entity or the greater portion\nof its territory is located, to compel compliance with the provisions of\nthis article.\n  2. If the petitioners in such special proceeding shall substantially\nprevail, then the court shall issue an injunction ordering the governing\nbody to comply with the applicable provisions of this article. If the\ngoverning body violates the injunction, the court shall appoint a\nhearing officer pursuant to article forty-three of the civil practice\nlaw and rules to hear and determine an elector initiated dissolution\nplan for the entity that complies with the provisions of subdivision two\nof section seven hundred eighty-two of this title.\n  3. The final determination of the judicial hearing officer shall\nconstitute the final approval of the elector initiated dissolution plan\nand provide that such plan takes effect forty-five days after the filing\nof such determination, unless a petition for a permissive referendum is\nproperly filed pursuant to section seven hundred eighty-five of this\ntitle.\n  4. In any proceeding pursuant to this section in which the petitioners\nsubstantially prevail, the costs of such proceeding, including the costs\nof any judicial hearing officer appointed pursuant to subdivision two of\nthis section, shall be borne by the local government entity at the rate\nprovided for in article twenty-two of the judiciary law and regulations\npromulgated pursuant thereto.\n
N.Y. DOM Law § 115-C — New York Code / Act DOM / Article 7 / Title 3 / Section 115-C
Temporary guardianship by adoptive parent
Status: in_force

§ 115-c. Temporary guardianship by adoptive parent. In any case where\nphysical custody of a child is transferred from the child's parent or\nguardian to another person or persons for the purposes of adoption and a\nconsent to the adoption of such child has been executed pursuant to\nsection one hundred fifteen-b of this title, the adoptive parent or\nparents shall, within ten court days of taking physical custody, either\nfile a petition for adoption with a court of competent jurisdiction or\nfile an application for temporary guardianship of the person of the\nchild pursuant to this section with the court in which the adoption will\nbe filed, pursuant to section seventeen hundred twenty-five of the\nsurrogate's court procedure act or section six hundred sixty-one of the\nfamily court act except as otherwise provided herein. Such application\nshall include an affidavit by the adoptive parent or parents describing\nany change of circumstances since their certification as a qualified\nadoptive parent or parents, pursuant to section one hundred fifteen-d of\nthis title, which may be material to such certification.  Such a\npetition for adoption shall also be deemed an application for temporary\nguardianship, where no prior application for an order for temporary\nguardianship has been filed.\n  In any case where the adoptive parent or parents take physical custody\nof an adoptive child and requirements for certification as a qualified\nadoptive parent or parents have been waived, pursuant to section one\nhundred fifteen-d of this title, an application for temporary\nguardianship or petition for adoption for such child shall be filed with\nthe court not later than five court days from obtaining physical custody\nof such child. Such time period may be extended upon motion of any\nperson or upon the court's own motion for good cause shown.\n
N.Y. PBA Law § 1065 — New York Code / Act PBA / Article 5 / Title 3 / Section 1065
Control by other boards or commissions
Status: in_force

§ 1065. Control by other boards or commissions. No certificate of\nconvenience and necessity, license, consent or other authorization shall\nbe required to be obtained by the authority or by a water-works\ncorporation from any board, commission or other agency of the state in\norder that the authority may acquire, lease, own and operate, maintain,\nimprove, extend or enlarge any property or properties referred to in\nthis title, or that any water-works corporation may sell, transfer, or\nlease its franchise, works or system, or any part thereof to the\nauthority, except that nothing in this section contained shall be\nconstrued to deprive the state water power and control commission of any\njurisdiction which that commission may now or hereafter have pursuant to\nthe provisions of the conservation law (constituting chapter sixty-five\nof the consolidated laws), or of any jurisdiction which the state\ncommissioner of health may now or hereafter have pursuant to the\nprovisions of article five of the public health law (constituting\nchapter forty-five of the consolidated laws). Neither the state public\nservice commission nor any other board or commission of like character\nshall, unless expressly authorized hereafter, have jurisdiction over the\nauthority in the management and control of its properties or operations\nor any power over the regulation of the rates fixed or charges collected\nby the authority.\n
N.Y. RPT Law § 555 — New York Code / Act RPT / Article 5 / Title 3 / Section 555
Changes in descriptions of real property on final assessment rolls
Status: in_force

§ 555.  Changes in descriptions of real property on final assessment\nrolls.  The tax levying body of each municipal corporation other than a\nschool district shall examine any final assessment roll properly before\nsuch body for its action, confirmation or review and shall make such\nchanges in the descriptions of real property as may be necessary to\nrender them sufficiently definite for the purpose of enforcement of\ncollection of taxes by tax sale.  If a sufficiently definite description\ncannot be obtained for the tax levy of the current year, the board shall\ncause the same to be obtained for the tax levy of the succeeding year.\nThe real property shall not be taxed until such description is obtained,\nand it shall then be taxed for the year omitted in the manner provided\nfor taxing omitted property.\n
N.Y. ENV Law § 27-0301 — New York Code / Act ENV / Article 27 / Title 3 / Section 27-0301
Intent and purpose
Status: in_force

§ 27-0301. Intent and purpose.\n  It is declared to be the intent and purpose of this title to protect\nthe environment from mishandling and mismanagement of all regulated\nwastes transported from the site of generation to the site of ultimate\ntreatment, storage or disposal and to prevent a discharge of wastes into\nthe environment, whether accidental or intentional, except at a site\napproved for the treatment, storage or disposal of such wastes.\n
N.Y. ELD Law § 251 — New York Code / Act ELD / Article 2 / Title 3 / Section 251
Penalties for fraud and abuse
Status: in_force

§ 251. Penalties for fraud and abuse. 1. Any person who knowingly\nmakes a false statement or representation, or who by deliberate\nconcealment of any material fact, or by impersonation or other\nfraudulent device, obtains or attempts to obtain or aids or abets any\nperson to obtain any benefit under this title to which he or she is not\nentitled, shall be guilty of a class A misdemeanor.\n  2. Any person who, having made application to receive any benefit\nunder this title for the use and benefit of another and having received\nit, knowingly and willfully converts such benefit or any part thereof to\na use other than for the use and benefit of such other person, shall be\nguilty of a class A misdemeanor.\n  3. Any person who, with intent to defraud, presents for allowance or\npayment any false or fraudulent claim for furnishing services or\nmerchandise, or knowingly submits false information for the purpose of\nobtaining greater compensation than that to which he or she is legally\nentitled for furnishing services or merchandise, or knowingly submits\nfalse information for the purpose of obtaining authorization for\nfurnishing services or merchandise under this title, shall be guilty of\na class A misdemeanor.\n
N.Y. VAT Law § 307 — New York Code / Act VAT / Title 3 / Article 5 / Section 307
Voluntary inspection
Status: in_force

§ 307. Voluntary inspection. The owner of any motor vehicle, as\ndefined in article one of this chapter, whose motor vehicle is not\nrequired to be inspected and certified pursuant to this article or who\nhas previously complied therewith may, nevertheless, voluntarily comply\nwith the provisions of this article as often as he desires, and in the\nsame manner as though such inspection and certification were so\nrequired.\n
N.Y. VAT Law § 382 — New York Code / Act VAT / Title 3 / Article 9 / Section 382
Hydraulic brake fluid
Status: in_force

§ 382. Hydraulic brake fluid.  1. On and after January first, nineteen\nhundred sixty no hydraulic brake fluid shall be sold in this state for\nuse in motor vehicles if such brake fluid shall be below the minimum\nstandard of specifications established by the commissioner for heavy\nduty type brake fluid.\n  2. On and after January first, nineteen hundred sixty every package,\ncan or other container of brake fluid sold or distributed or kept for\nsale in this state must meet such specifications; furthermore the label\nthereof must indicate compliance with the specifications.\n  3. Any person who sells, distributes or keeps brake fluid in violation\nof any of the provisions of this section shall be guilty of a\nmisdemeanor.\n
N.Y. VAT Law § 330 — New York Code / Act VAT / Title 3 / Article 7 / Section 330
Commissioner to administer article; may require proof; court review
Status: in_force

§ 330. Commissioner to administer article; may require proof; court\nreview. (a) The commissioner shall administer and enforce the provisions\nof this article.\n  (b) The commissioner is hereby authorized to adopt and enforce such\nregulations as may be necessary for the administration of this article.\n  (c) Upon any reasonable ground, appearing on the records of the\nbureau, the commissioner may suspend or revoke the operator's or\nchauffeur's license of any person and may suspend or revoke any and all\nof the registration certificates or registration plates for any motor\nvehicle and may refuse to issue to any such person any new or renewal\nlicense or to register in the name of such person any motor vehicle\nunless and until such person gives proof of his financial responsibility\nin the future as hereinafter provided in this article.\n  Any person furnishing proof of financial responsibility pursuant to\nthis subdivision may be relieved from continuing to furnish such proof\nin the discretion of the commissioner provided three years have elapsed\nsince such proof was first furnished during which period such person has\nnot been convicted of, or forfeited bail given on being charged with,\nany of the offenses specified in subdivision two of section five hundred\nten of this chapter and no charges of any of such offenses are pending\nagainst such person. The affidavit of such person shall be accepted as\nproof of the facts therein stated, in the absence of evidence to the\ncontrary before the commissioner.\n  (d) Any person aggrieved by an order or act of the commissioner under\nthis section or under provisions of this article, may maintain a\nproceeding under article seventy-eight of the civil practice law and\nrules to review, but the commencement of such a proceeding shall not\nsuspend the order or act unless a stay thereof shall be allowed by said\ncourt pending final determination of the review.\n  (e) The provisions of subdivision seven of section five hundred ten of\nthis chapter shall apply to a suspension under this article.\n
N.Y. ENV Law § 15-0313 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0313
Powers and responsibilities with respect to water pollution control
Status: in_force

§ 15-0313. Powers and responsibilities with respect to water pollution\n             control.\n  1. The department shall perform such duties and functions with respect\nto the control of water pollution as is provided in article 17 of the\nEnvironmental Conservation Law, and shall have such powers and authority\nas may be necessary in that regard.\n  2. The department is hereby authorized, upon due consideration after\nhearing to:\n  a. Alter, modify or amend the "Rules and Classifications and Standards\nof Quality and Purity for Waters of New York State" for the control of\npollution of the waters of the state as provided in paragraph (c) of\nsubdivision 7 of section 17-0301,\n  b. Classify the waters of the state in accordance with best usage in\nthe interest of the public, and alter, reclassify, modify, change or\namend the classification of waters hitherto adopted and established by\nthe former Water Resources Commission and the former Water Pollution\nControl Board as provided in paragraph (c) of subdivision 7 of section\n17-0301,\n  c. Establish new, or alter, modify, change or amend existing standards\nof quality and purity of the waters of the state applicable to the\nclassification of waters.\n  3. In the classification of waters and the adoption of standards of\npurity and quality therefore, due consideration shall be given by the\ndepartment to the factors and considerations specifically provided in\nsection 17-0301.\n  4. The department is authorized to adopt and enforce rules and\nregulations governing the direct application of chemicals to or in\nsurface waters for the purpose of altering water quality, or the direct\napplication of pesticides to or in surface waters, notwithstanding any\nof the provisions of this chapter.\n  a. Such rules and regulations may forbid such direct application or\nuse of pesticides and chemicals except pursuant to a permit issued by\nthe department, or by an appropriate officer or agency authorized by\nsuch rules to issue such permits, except that a permit shall not be\nrequired for the application of a pesticide to a pond of one acre or\nless in size which has no outlet to surface water.\n  b. Such rules and regulations may specify the pesticides and chemicals\nand quantities and concentrations thereof which may be directly applied\nor used, which specified chemicals and pesticides shall be selected with\nmaximum protection of life, health and property as criteria for their\nselection, and shall also provide for giving reasonable notice to\npersons likely to be adversely affected by such use of chemicals and may\nrequire consent of persons who may reasonably be expected to suffer\nsubstantial damage or injury thereby prior to the issuance of any permit\nfor such use. A fee of one hundred dollars shall accompany each permit.\n  c. No pesticide or chemical may be introduced into any surface waters\nof the state classified pursuant to article 17 in violation of such\nrules and regulations.\n
N.Y. ENV Law § 11-0308 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0308
Sale of small lead fishing sinkers prohibited
Status: in_force

§ 11-0308. Sale of small lead fishing sinkers prohibited.\n  1. No person shall sell at retail or offer for retail sale lead\nfishing sinkers weighing one-half ounce or less. Each day of sale or\noffering for sale shall constitute a separate violation of this section.\n  2. For the purposes of this section, the following terms shall have\nthe following meanings:\n  (a) "sinker" shall mean any device that is designed to be attached to\na fishing line and intended to sink the line. Such term shall not\ninclude artificial lures, weighted line, weighted flies or jig heads.\n  (b) "sell at retail" or "retail sale" shall mean the sale to any\nperson in the state for any purpose other than for resale.\n  3. The department shall provide notice of the prohibition of the\nretail sale or offering for sale of lead fishing sinkers weighing\none-half ounce or less in the state fishing regulations guide.\n
N.Y. PBA Law § 3964 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3964
Intercept of county tax revenues and state aid revenues
Status: in_force

§ 3964. Intercept of county tax revenues and state aid revenues. 1.\nCommencing on the effective date of this title, and until December\nthirty-first, two thousand thirty-nine, the state comptroller shall pay\ncounty tax revenues at least monthly to the authority in accordance with\nsection twelve hundred sixty-one of the tax law. During such period, the\ncounty shall impose sales and compensating use taxes pursuant to the\nauthority of subdivision (a) of section twelve hundred ten of the tax\nlaw at a rate of no less than three percent.\n  2. Commencing on the effective date of this title, and until December\nthirty-first, two thousand thirty-nine, the state comptroller shall pay\nstate aid revenues to the authority.\n  3. The county shall have no right, title, or interest in county tax\nrevenues or state aid revenues required to be paid to the authority\npursuant to this section.\n
N.Y. PBA Law § 1470-B — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-B
City of Rome parking authority
Status: in_force

* § 1470-b. City of Rome parking authority. A board to be known as\n"City of Rome parking authority" is hereby created. Such board shall be\na body corporate and politic constituting a public benefit corporation,\nand its existence shall commence upon the appointment of the members as\nherein provided. It shall consist of five members appointed by the mayor\nwith the approval of the common council. The appointment of the chairman\nshall be made by the mayor for a term of five years. Of the other\nmembers first appointed, one shall be appointed for a period of one\nyear, one for a period of two years, one for a period of three years,\nand one for a period of four years. At the expiration of such terms, the\nterms of office of their successors shall be five years. Each member\nshall continue to serve until the appointment and qualification of his\nsuccessor. Vacancies in such board occurring otherwise than by the\nexpiration of such term, shall be filled for the unexpired term. The\nmembers of the board shall choose from their number a vice-chairman. The\nmayor may remove any member of the board for inefficiency, neglect of\nduty or misconduct in office, giving him a copy of the charges against\nhim and an opportunity of being heard in person, or by counsel, in his\ndefense upon not less than ten days' notice. The members of the board\nshall be entitled to no compensation for their services but shall be\nentitled to reimbursement for their actual and necessary expenses\nincurred in the performance of their official duties. The powers of the\nauthority shall be vested in and exercised by a majority of the members\nof the board then in office. Such board may delegate to one or more of\nits members or to its officers, agents and employees such powers and\nduties as it may deem proper. Such board and its corporate existence\nshall continue only to the thirty-first day of December, two thousand,\nand thereafter until all its liabilities have been met and its bonds\nhave been paid in full or such liabilities or bonds have otherwise been\ndischarged. Upon its ceasing to exist, all its rights and properties\nshall pass to the city of Rome.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBH Law § 3329 — New York Code / Act PBH / Article 33 / Title 3 / Section 3329
Reports and records
Status: in_force

§ 3329. Reports and records.  1. Persons licensed under this title\nshall keep records showing the receipt, administration, dispensing, or\ndestruction of all controlled substances and maintain the records in\nsuch manner and detail as the commissioner, by regulation, shall\nrequire.\n  2. Persons licensed under this title shall submit reports to the\ndepartment summarizing the activity conducted under the license.\nIncluded in such report shall be a detailed inventory of controlled\nsubstances, and an accounting for all such substances received or\ndisposed of during the period covered by the report and such other\ninformation as the commissioner shall, by regulation, require. Such\nreports shall be filed with the department at such times as the\ncommissioner may require.\n
N.Y. VAT Law § 388 — New York Code / Act VAT / Title 3 / Article 11 / Section 388
Negligence in use or operation of vehicle attributable to owner
Status: in_force

§ 388. Negligence in use or operation of vehicle attributable to\nowner.\n  1. Every owner of a vehicle used or operated in this state shall be\nliable and responsible for death or injuries to person or property\nresulting from negligence in the use or operation of such vehicle, in\nthe business of such owner or otherwise, by any person using or\noperating the same with the permission, express or implied, of such\nowner. Whenever any vehicles as hereinafter defined shall be used in\ncombination with one another, by attachment or tow, the person using or\noperating any one vehicle shall, for the purposes of this section, be\ndeemed to be using or operating each vehicle in the combination, and the\nowners thereof shall be jointly and severally liable hereunder.\n  2. As used in this section, "vehicle" means a "motor vehicle", as\ndefined in section one hundred twenty-five of this chapter, except fire\nand police vehicles, self-propelled combines, self-propelled corn and\nhay harvesting machines and tractors used exclusively for agricultural\npurposes, and shall also include "semitrailer" and "trailer" as defined\nin article one of this chapter, whether or not such vehicles are used or\noperated upon a public highway; provided, however, that for purposes of\nparagraph two of subdivision (f) of section three thousand four hundred\ntwenty of the insurance law, the term "motor vehicle" shall include fire\nvehicles, as defined in section one hundred fifteen-a of this chapter,\nand police vehicles, as defined in section one hundred thirty-two-a of\nthis chapter. For the purpose of this section, self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, shall not be defined as motor vehicles.\n  3. As used in this section, "owner" shall be as defined in section one\nhundred twenty-eight of this chapter and their liability under this\nsection shall be joint and several. If a vehicle be sold under a\ncontract of sale which reserves a security interest in the vehicle in\nfavor of the vendor, such vendor or his assignee shall not, after\ndelivery of such vehicle, be deemed an owner within the provisions of\nthis section, but the vendee, or his assignee, receiving possession\nthereof, shall be deemed such owner notwithstanding the terms of such\ncontract, until the vendor or his assignee shall retake possession of\nsuch vehicle. A secured party in whose favor there is a security\ninterest in any vehicle out of his possession, shall not be deemed an\nowner within the provisions of this section.\n  4. All bonds executed by or policies of insurance issued to the owner\nof any vehicle subject to the provisions of this section shall contain a\nprovision for indemnity or security against the liability and\nresponsibility provided in this section; but, except as provided in\nparagraphs one and two of subsection (g) of section three thousand four\nhundred twenty of the insurance law, this provision shall not be\nconstrued as requiring that such a policy include insurance against any\nliability of the insured, being an individual, for death of or injuries\nto his or her spouse or for injury to property of his or her spouse,\nwhere the injured spouse, to be entitled to recover, must prove the\nculpable conduct of the insured spouse.\n
N.Y. PBA Law § 3953 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3953
Administration of the authority
Status: in_force

§ 3953. Administration of the authority. 1. The authority shall be\nadministered by seven directors appointed by the governor. Of the seven\ndirectors, one each shall be appointed on the written recommendation of\nthe temporary president of the state senate, the speaker of the state\nassembly and the state comptroller, respectively. One member appointed\ndirectly by the governor and the members appointed on the recommendation\nof the temporary president of the state senate, the recommendation of\nthe speaker of the state assembly and the recommendation of the state\ncomptroller shall be residents of the county. Each director shall be\nappointed for a term of four years, provided however, that two of the\ndirectors first appointed by the governor shall serve for a term ending\nDecember thirty-first, two thousand nine, and the remaining five\ndirectors first appointed shall serve for the following terms: the\ndirectors appointed on recommendation of the temporary president of the\nstate senate, the speaker of the state assembly and the state\ncomptroller shall serve for a term ending December thirty-first, two\nthousand ten and the two remaining directors first appointed directly by\nthe governor shall serve for a term ending on December thirty-first, two\nthousand eleven. Each director shall hold office until his or her\nsuccessor has been appointed and qualified. Thereafter each director\nshall serve a term of four years, except that any director appointed to\nfill a vacancy shall serve only until the expiration of his or her\npredecessor's term.\n  2. The governor shall designate a chairperson and a vice-chairperson\nfrom among the directors. The chairperson shall preside over all\nmeetings of the directors and shall have such other duties as the\ndirectors may prescribe. The vice-chairperson shall preside over all\nmeetings of the directors in the absence of the chairperson and shall\nhave such other duties as the directors may prescribe.\n  3. The directors of the authority shall serve without salary, but each\ndirector shall be reimbursed for actual and necessary expenses incurred\nin the performance of such director's official duties as a director of\nthe authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any city, county, town or village, any\ngovernmental entity operating any public school or college, any school\ndistrict or any other public agency or instrumentality which exercises\ngovernmental powers under the laws of the state, shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, officer or employee of the authority; nor\nshall service as such director, officer or employee of the authority be\ndeemed incompatible or in conflict with such office or employment.\n  5. Four directors shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. No action shall\nbe taken by the authority except pursuant to a favorable vote of at\nleast four directors participating in a meeting at which such action is\ntaken.\n  6. The authority shall appoint a treasurer and may appoint officers\nand agents as it may require and prescribe their duties.\n  7. At least annually, commencing no more than one year after the date\non which authority bonds, notes or other obligations are first issued,\nthe authority shall report to the county executive, legislature,\ncomptroller, the director of the budget, the chair of the state senate\nfinance committee, the chair of the state assembly ways and means\ncommittee and the state comptroller on the amount of financing and the\ncost savings for the county over the past year.\n
N.Y. PBA Law § 158 — New York Code / Act PBA / Article 2 / Title 3 / Section 158
Competing highways not to be authorized
Status: in_force

* § 158. Competing highways not to be authorized. The state of New\nYork does pledge to and agree with the holders of any bonds that the\nstate will not authorize the construction or maintenance of any parkway,\ncauseway, bridge, tunnel, street, road, highway or other connection for\nvehicular traffic, which will be competitive with Jones Beach parkway,\nnor will it limit or alter the rights hereby vested in the authority to\nestablish and collect such charges and tolls as may be convenient or\nnecessary to produce sufficient revenue to meet the expense of\nmaintenance and operation and fulfill the terms of any agreements made\nwith the holders of the bonds, or in any way impair the rights and\nremedies of bondholders, until the bonds, together with interest\nthereon, with interest on any unpaid installments of principal and\ninterest, and all costs and expenses in connection with any actions or\nproceedings, by or on behalf of the bondholders, are fully met and\ndischarged; provided that a parkway, causeway, bridge, tunnel, street,\nroad, highway or other connection for vehicular traffic shall be\nconsidered as competitive only if it shall form a connection for\nvehicular traffic between the mainland of Long Island and the island of\nLong Beach east of the most easterly point of the present city of Long\nBeach or between the mainland of Long Island and the island on which\nJones Beach park is located west of the most easterly point of Oak\nisland, or between the island of Long Beach and the island on which\nJones Beach park is located. This section shall be effective only so\nlong as bonds issued by the authority prior to January first, nineteen\nhundred thirty-nine shall be outstanding and unpaid.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBH Law § 3511 — New York Code / Act PBH / Article 35 / Title 3 / Section 3511
Proceedings for suspension or revocation
Status: in_force

§ 3511. Proceedings for suspension or revocation. 1. Proceedings\nagainst any licensee under this section shall be begun by filing with\nthe department a written charge or charges in the form of a petition\nunder oath against such licensee. The charges may be preferred by any\nperson, corporation, association or public officer, or by the department\nin the first instance.\n  2. If the commissioner decides that the charges should be heard, the\ncommissioner shall appoint a hearing officer to hear and report on the\ncharges and shall set a time and place for the hearing. A copy of the\ncharges, together with a notice of the time and place of hearing, shall\nbe served on the accused at least fifteen days before the date fixed for\nthe hearing.\n  3. The respondent in all such cases brought under this section shall,\nat least five days before the return date of the petition containing the\ncharges, file with the department a verified answer, in duplicate, to\nthe allegations set forth in such petition. The accused shall have the\nopportunity at such hearing to appear either personally or by counsel,\nto cross-examine witnesses and to produce evidence and witnesses in his\nor her defense.\n  4. Upon the conclusion of the hearing, the hearing officer shall make\na written report of findings and conclusions and shall transmit them,\ntogether with a recommendation, to the commissioner. If the accused is\nfound not guilty by the commissioner, the commissioner shall order a\ndismissal of the charges and an exoneration. If the accused is found\nguilty of the charges, or any of them, the commissioner shall, in his or\nher discretion, issue an order suspending, revoking or annulling the\nlicense registration or certificate of the accused, or otherwise\ndisciplining him or her.\n  5. Where the license registration or certificate of any person has\nbeen revoked or annulled, as provided in this title, the department may,\nafter the expiration of two years, entertain an application for\nrestoration of such license or registration.\n  6. A licensee whose license registration or certificate has been\nsuspended, revoked or annulled, or who is otherwise disciplined under\nthis article, may commence a proceeding under article seventy-eight of\nthe civil practice law and rules in the supreme court, Albany county,\nfor the purpose of reviewing such determination, but no such\ndetermination shall be stayed or enjoined except after notice to the\nattorney general of the commencement of the proceeding.\n
N.Y. RPT Law § 557 — New York Code / Act RPT / Article 5 / Title 3 / Section 557
Cancellations and rejections of certain delinquent taxes returned to county treasurer
Status: in_force

§ 557. Cancellations and rejections of certain delinquent taxes\nreturned to county treasurer. 1. Where it appears, after the return to\nthe county treasurer of unpaid taxes, that any taxable property in any\ncity or town has been assessed in duplicate for any year or years, if no\nsale of property has been had to enforce collection of the tax due\nthereon, the county treasurer may cancel one of the duplicate taxes. He\nshall charge back and apportion the amount thereof upon the real\nproperty of the several cities and towns of the county as shall be just,\ntaking into consideration the portion of the county, city and town\nincluded therein, and the extent to which such city or town has been\nbenefited thereby.\n  2. (a) The county treasurer shall examine the accounts of arrears of\ntaxes received from the collecting officer of each city and town and\nshall reject all taxes charged on real property so inaccurately\ndescribed that the collection of taxes by the sale of such real property\ncannot be enforced. The county treasurer shall deliver a list of the\ntaxes rejected to the mayor of the city or the supervisor of the town in\nwhich the taxes have been so rejected. Such mayor or supervisor shall\ncause an accurate description of such real property to be made and\nreturned to the treasurer, with the correct amount of taxes thereon,\nstating each tax separately. If necessary, such mayor or supervisor may\ncause a survey and map of any of such real property to be made.\n  (b) A statement of the taxes on real property in each city and town so\nrejected, including the amount of fees and interest thereon, shall be\nforwarded by the county treasurer to the mayor of the city or the\nsupervisor of the town in which such real property was assessed. Such\nmayor or supervisor shall add to the current assessment roll of the city\nor town in which the real property is situated, an accurate description\nof such real property, the assessment thereof, the correct amount of\ntaxes due thereon, the tax of each year and each different tax set out\nseparately, stating that it is a revised assessment. The county\nlegislature shall direct the collection of such taxes so added to the\nassessment roll and they shall be considered the taxes of the year in\nwhich the description is perfected. If such tax be not levied upon such\nreal property as herein required, the county legislature shall cause the\nsame, with the amount of fees and interest thereon, to be levied upon\nthe city or town in which originally assessed, and collected with the\nother taxes of the same year.\n  3. The provisions of subdivisions one and two of this section shall\nalso apply to returns and accounts of arrears transmitted by a village\nboard of trustees to a county treasurer pursuant to the provisions of\nsubdivision four of section fourteen hundred thirty-six of this chapter.\nAny amounts to be charged back to a village pursuant to this section\nshall be withheld by the county treasurer from any moneys which shall\nbecome payable by him to such village by reason of taxes which shall\nthereafter be returned to him as uncollected by such village.\n
N.Y. ELD Law § 254 — New York Code / Act ELD / Article 2 / Title 3 / Section 254
Cost of living adjustment
Status: in_force

§ 254. Cost of living adjustment. 1. Within amounts appropriated, the\ncommissioner of health shall adjust the program eligibility standards\nset forth in subdivision two of section two hundred forty-two of this\ntitle to account for increases in the cost of living.\n  2. The commissioner shall further adjust individual and joint income\ncategories set forth in subdivisions two and four of section two hundred\nforty-eight of this title to conform to the adjustments made pursuant to\nsubdivision one of this section.\n
N.Y. PBH Law § 4135-A — New York Code / Act PBH / Article 41 / Title 3 / Section 4135-A
Birth certificate; child born in prison
Status: in_force

§ 4135-a. Birth certificate; child born in prison. There shall be no\nspecific statement on the birth certificate as to the fact that a child\nwas born in prison.\n
N.Y. VAT Law § 399-Q — New York Code / Act VAT / Title 3 / Article 12-D / Section 399-Q
Application
Status: in_force

* § 399-q. Application. An applicant for participation in the pilot\nprogram established pursuant to this article shall be an approved\nsponsor of an internet accident prevention course, pursuant to article\ntwelve-C of this title, prior to the effective date of this article and\nwhich delivers such courses to the public. Provided, the commissioner\nshall, in his or her discretion, approve additional applications after\nsuch date. In order to be approved for participation in such pilot\nprogram, the course must comply with provisions of law, rules and\nregulations applicable thereto. The commissioner may, in his or her\ndiscretion, impose a fee for the submission of each application to\nparticipate in the pilot program established pursuant to this article.\nSuch fee shall not exceed seven thousand five hundred dollars which\nshall, excluding administrative expenses of the department, be deposited\nin the dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law.\n  * NB Repealed June 30, 2030\n
N.Y. PBA Law § 3035 — New York Code / Act PBA / Article 10 / Title 3 / Section 3035
Exchange of notes or bonds of the corporation for short-term obligations of the city
Status: in_force

* § 3035. Exchange of notes or bonds of the corporation for short-term\nobligations of the city. 1. The corporation may issue its notes or bonds\nin exchange for short-term obligations of the city, provided that the\nprincipal amount of the corporation's notes or bonds issued in any such\nexchange shall not exceed the principal amount of such short-term\nobligations and accrued interest thereon at the stated rate to the date\nof such exchange.\n  2. (a) Upon or at any time after receipt of the short-term obligations\nof the city exchanged in accordance with subdivision one hereof, the\ncorporation may deliver any or all of such short-term obligations to the\ncity for cancellation, without receiving payment of principal or\ninterest in respect thereof, in which event the city shall thereupon\ncancel such obligations without making any payment of principal amount\nor accrued interest thereon and the city shall have no further liability\nwith respect thereto. Notwithstanding the foregoing, the corporation\nshall not deliver at any time bond anticipation notes received pursuant\nto subdivision one to the city for cancellation without receiving\npayment of principal or interest in respect thereof unless the mayor and\nthe city comptroller shall have requested in writing that such\nshort-term obligations be delivered for cancellation.\n  (b) Upon or at any time after receipt of the short-term obligations of\nthe city exchanged in accordance with subdivision one hereof the\ncorporation may exchange any or all of such short-term obligations for\nother short-term obligations issued by the city pursuant to the local\nfinance law and the corporation may exchange any or all of such bond\nanticipation notes included in such short-term obligations for bonds of\nthe city issued pursuant to the local finance law, all on such terms and\nconditions as the corporation may deem proper.\n  3. The corporation shall not exchange any of its bonds or notes for\nshort-term obligations of the city pursuant to subdivision one hereof\nunless (a) the city shall have agreed to observe the conditions set\nforth in section three thousand thirty-eight of this chapter, subject to\nsuch modifications as are permitted thereunder and as the corporation\nmay then approve, and (b) the board of directors of the corporation\nshall have determined that the terms of such exchange will not prejudice\nthe rights of holders of other bonds and notes of the city.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. LFN Law § 34.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 34.00
Bond resolution may be subject to mandatory or permissive referendum; cities
Status: in_force

§ 34.00 Bond resolution may be subject to mandatory or permissive\nreferendum; cities.  a. Except as otherwise provided in paragraph b of\nthis section, neither the expenditure of money for an object or purpose\nfor which it is proposed to issue obligations nor a bond resolution or\ncapital note resolution shall be subject to a mandatory or a permissive\nreferendum in any city.\n  b. Any city may adopt, in the manner provided by law, a local law\nrequiring that all bond resolutions, or bond resolutions authorizing the\nissuance of bonds for such purposes or amounts as may be specified in\nsuch local law, shall be subject to a mandatory or a permissive\nreferendum after such resolutions have been adopted by the finance\nboard. Such a local law shall prescribe the qualifications of the voters\nat and the procedure for such a mandatory or a permissive referendum and\nshall not itself be subject to a permissive or mandatory referendum. The\nprovisions of this paragraph shall not apply to bond resolutions\nauthorizing the issuance of bonds for the payment of judgments, or\ncompromised or settled claims against such city, or awards or sums\npayable by such city pursuant to a determination by a court, or an\nofficer, body or agency acting in an administrative or quasi-judicial\ncapacity, or to provide sewage disposal or treatment facilities required\nby any order of the state commissioner of health or of the water\nresources commission directing compliance with standards, determinations\nor orders promulgated pursuant to article twelve of the public health\nlaw to prevent pollution of the waters of the state.\n
N.Y. ENV Law § 29-0303 — New York Code / Act ENV / Article 29 / Title 3 / Section 29-0303
Duties of the commission
Status: in_force

* § 29-0303. Duties of the commission.\n  1. The commission shall immediately commence the preparation of a\nsiting and disposal method selection which shall, upon certification by\nthe department, be the site or sites and method or methods for permanent\ndisposal facilities which shall be constructed or operated by the energy\nresearch and development authority pursuant to section eighteen hundred\nfifty-four-c of the public authorities law.\n  2. The commission shall evaluate all reasonable alternative disposal\nmethods including but not limited to deep vertical shaft mined disposal\nand above ground monitored retrievable disposal and issue a report\nproviding full documentation of its evaluation of all disposal methods\nit has considered, and selecting and justifying a tentative preferred\ndisposal method and any method-specific site selection criteria. After\nopportunity for review and comment by the citizen advisory committee and\nan independent technical and scientific evaluation panel established\npursuant to subdivision eleven of this section, the commission shall\nissue a report and draft a generic, non-site specific, environmental\nimpact statement selecting and justifying a preferred disposal method\nand any related method-specific site selection criteria. The commission\nshall select as its preferred disposal method that method which is\nprojected best to meet applicable regulatory criteria and performance\nobjectives and maintain exposure to the general public as low as\nreasonably achievable, taking into account engineering and economic\nfeasibility compared to other available disposal methods. The preferred\ndisposal method and accompanying draft generic environmental impact\nstatement shall be submitted to the department as an application for\ndecision. The standards and procedures by which the department shall\nadminister the commission's application are set forth in subdivision\nfour of section 70-0117 of this chapter and implementing regulations.\nConsistent with the department's decision on preferred disposal method\nor methods, the commission shall proceed to select the site or sites for\npermanent disposal facilities in accordance with subdivisions five\nthrough eight of this section.\n  3. The commission shall issue a report concerning all lands excluded\nfrom consideration for siting permanent disposal facilities, which\nreport shall include information sufficient to permit full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, of the basis for such\nexclusion.\n  4. The commission shall also make available for full independent\nreview and evaluation by the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, the reports and other\ndocuments which serve as the basis for or otherwise provide its detailed\nexplanation or justification for its decisions made prior to September\nfirst, nineteen hundred eighty-nine, to select or narrow the range of\nalternatives it was considering for sites for permanent disposal\nfacilities.\n  5. Upon completing the preparation of its site and final disposal\nmethod selection, the commission shall submit its application for\ncertification of this selection by the department pursuant to section\n29-0105 of this article. The commission shall simultaneously deliver a\ncopy of its draft environmental impact statement and application to the\ngovernor, the legislature, the chairman of the energy research and\ndevelopment authority, the citizen advisory committee and the county\ngovernment of each county within which was located any portion of a site\nfor which the commission conducted detailed characterization studies.\n  6. The site and disposal method selection and the application for\ncertification, together with the department's certification thereof,\nshall be considered a single action for purposes of article eight of\nthis chapter and judicial review. The commission shall prepare a draft\nenvironmental impact statement to accompany its application for\ncertification, the scope of which must be approved by the department.\nFor purposes of satisfying the requirements of article eight of this\nchapter, the department shall be the lead agency. The commission shall\nrecommend a site specific mitigation program as part of the\nenvironmental impact statement that will serve as an additional measure\nto offset adverse economic, social, and environmental impacts and serve\nas a form of compensation to the affected area.\n  7. The commission's site and disposal method selection shall identify\na site or sites and appropriate disposal method or methods for permanent\ndisposal facilities. Such site or sites shall not include the western\nNew York nuclear service center. The commission shall take into account\nthe following factors in the selection of the permanent disposal\nfacility site or sites and disposal method or methods:\n  a. the nature and probability of the impacts on public health and\nsafety, including predictable adverse effects from:\n  (i) accidents during transportation of low-level radioactive waste to\nsuch facilities;\n  (ii) contamination of ground or surface water by leaching and runoff\nfrom such facilities; and\n  (iii) fires or explosions from improper storage or disposal of\nvolatile, combustible, or potentially explosive materials, if any, which\nmay compose a portion of the low-level radioactive waste to be delivered\nto such facilities;\n  b. the nature of the probable environmental impacts, including the\npredictable adverse effects on the natural environment and ecology,\nscenic, historic, agricultural, cultural, and recreational values, water\nand air quality, and wildlife;\n  c. the potential for avoidance or mitigation of harm from the\nunanticipated release of low-level radioactive waste or contaminated\nmaterials;\n  d. the ability for retrieval or recovery of such waste;\n  e. differences in the density of population in the vicinity of the\npotential sites;\n  f. the adequacy of routes and means for transportation of low-level\nradioactive waste to such facilities;\n  g. the nature of the probable impact of such facilities on local\ngovernmental units within which such facilities would be located; and\n  h. the comparative economic implications, including those resulting\nfrom engineering considerations, of the potential site or sites and\ndisposal methods for such facilities.\n  8. The commission shall select one site for a permanent disposal\nfacility after consideration of all relevant public health and safety,\nenvironmental and economic factors, provided, however, that an\nadditional site may be selected if the commission finds that the use of\nan additional site presents specific advantages with respect to such\nfactors. To the extent the commission determines that different disposal\nmethods are appropriate for different categories of low-level\nradioactive waste with differing physical or chemical characteristics,\nthe commission may select more than one disposal method to be utilized\nat each particular site, specifying the particular disposal methods to\nbe utilized at such site for particular categories of such waste;\nprovided that utilization of the disposal methods selected at the site\nselected shall be capable of meeting or exceeding applicable\nrequirements of state and federal regulations. The site or sites\nselected shall be of sufficient capacity to provide for disposal, using\nthe selected disposal methods, of all low-level radioactive waste\nestimated by the commission to be generated in New York and to require\ndisposal at low-level radioactive waste management facilities for a\nperiod of at least thirty years.\n  9. In performing its duties, the commission shall hold periodic\nmeetings which shall be publicly noticed pursuant to article seven of\nthe public officers law.\n  10. Whenever the commission makes a decision to:\n  (i) select, or narrow the range of alternatives it is considering for,\ndisposal methods or sites for permanent disposal facilities,\n  (ii) establish the plans for pre-characterizing or characterizing, or\notherwise gathering site-specific data for, candidate sites for\npermanent disposal facilities, or\n  (iii) project the types, quantities, or activity levels of low-level\nradioactive wastes which might be disposed of at permanent disposal\nfacilities,\nit shall promptly issue a report or other document which serves as the\nbasis for or otherwise provides its detailed explanation or\njustification for that decision. Such report or other document shall\ninclude information sufficient to permit full independent review and\nevaluation by the department, the citizen advisory committee and by an\nindependent technical and scientific evaluation panel, established\npursuant to subdivision eleven of this section, of the nature, sources,\nand quality of any specific data relied upon, the nature of assumptions\nmade, and the specific analytical methods, procedures, or techniques\nemployed, including modelling and calculations performed, and any other\ninformation and analyses upon which the commission would intend to rely\nin justifying its decisions to any reviewing body. The report shall be\nmade available to the public upon request. The commission shall\nsimultaneously have published in the state register, and send to any\nperson who has requested to be placed on the commission's mailing list,\nnotice of availability of that report or other document and provide a\ncopy of the report or other document to the governor, the speaker of the\nassembly, the majority leader of the senate, the minority leader of the\nassembly, the minority leader of the senate, the citizen advisory\ncommittee, and any independent technical and scientific evaluation panel\nestablished pursuant to subdivision eleven of this section.\n  11. Pursuant to contract, the department of health shall arrange to\nhave one or more independent panels of technical and scientific experts\nreview and evaluate the commission's decision and report on its\nselection of a tentative preferred disposal method and decisions and\nreport on lands excluded from consideration for siting permanent\ndisposal facilities, issued in accordance with subdivisions two and\nthree of this section, and each other decision made and related report\nissued by the commission pursuant to subdivision four or ten of this\nsection. For each such commission decision and report, the independent\ntechnical and scientific evaluation panel or panels shall assess the\nnature, sources and quality of any specific data the commission relied\nupon, the nature of assumptions made, and the specific analytical\nmethods, procedures or techniques employed, including modelling and\ncalculations performed, and any other information and analyses relied\nupon for the commission's decision. The department of health may engage\nmore than one panel to assess a commission decision and report, in order\nto provide for complete coverage of those matters in the review and\nevaluation of that decision and report. Upon completion of each such\nreview and evaluation, any independent technical and scientific\nevaluation panel shall provide a written report containing its findings,\nconclusions and recommendations to the commission, the citizen advisory\ncommittee, the department of health and the department of environmental\nconservation.\n  12. Whenever the commission receives written comments or a report from\nthe citizen advisory committee or any independent technical and\nscientific evaluation panel established pursuant to subdivision eleven\nof this section, it shall provide a detailed written response, within a\nreasonable time, addressing the points made in the comments or report.\nUpon receipt of any such report the commission shall cause it to be made\navailable to the public upon request and submitted to the governor, the\nmajority leader of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly. Notice of\nsuch report shall be published by the commission in the state register\nand sent to any person who has requested to be placed on the\ncommission's mailing list.\n  * NB Commission existence pursuant to § 29-0309\n
N.Y. PBH Law § 4655*2 — New York Code / Act PBH / Article 46-B / Title 3 / Section 4655*2
Certification procedures and requirements
Status: in_force

* § 4655. Certification procedures and requirements. 1.\nNotwithstanding any other provision of law, an assisted living operator\nmay apply to the department to obtain an enhanced assisted living\ncertificate pursuant to this section.\n  (a) Such application shall be on a form approved by the department.\n  (b) An assisted living operator may apply for such a certificate for\nthe entire facility or any number of beds at the facility.\n  (c) To obtain an enhanced assisted living certificate, the applicant\nmust submit a plan to the department setting forth how the additional\nneeds of residents will be safely and appropriately met at such\nresidence. Such plan shall include, but need not be limited to, a\nwritten description of services, staffing levels, staff education and\ntraining, work experience, and any environmental modifications that have\nbeen made or will be made to protect the health, safety and welfare of\nsuch persons in the residence.\n  (d) In addition to any other requirements of assisted living, an\noperator of enhanced assisted living may hire care staff directly\npursuant to standards developed by the department or contract with a\nhome care services agency which has been approved to operate pursuant to\narticle thirty-six of this chapter.\n  (e) No assisted living residence shall be certified as enhanced\nassisted living unless and until the applicant obtains the written\napproval of the department.\n  2. No resident shall be permitted to continue to age in place under\nthe terms of an enhanced assisted living certificate unless the\noperator, the resident's physician, and, if applicable, the resident's\nlicensed or certified home care agency, agree that the additional needs\nof the resident can be safely and appropriately met at the residence. A\nresident eligible for enhanced assisted living or his or her\nrepresentative shall submit to the residence a written report from a\nphysician, which report shall state that:\n  (a) the physician has physically examined the resident within the last\nmonth; and\n  (b) the resident is not in need of twenty-four hour skilled nursing\ncare or medical care which would require placement in a hospital or\nresidential health care facility.\n  3. The residence must notify a resident that, while the residence will\nmake reasonable efforts to facilitate the resident's ability to age in\nplace pursuant to an individualized service plan, there may be a point\nreached where the needs of the resident cannot be safely or\nappropriately met at the residence, requiring the transfer of the\nresident to a more appropriate facility in accordance with the\nprovisions of this article.\n  4. If a resident reaches the point where he or she is in need of\ntwenty-four hour skilled nursing care or medical care required to be\nprovided by facilities licensed pursuant to article twenty-eight of this\nchapter or article nineteen, thirty-one or thirty-two of the mental\nhygiene law, then the resident must be discharged from the residence and\nthe operator shall initiate proceedings for the termination of the\nresidency agreement of such resident in accordance with the provisions\nof section four hundred sixty-one-h of the social services law.\nProvided, however, a resident may remain at the residence if each of the\nfollowing conditions are met:\n  (a) a resident in need of twenty-four hour skilled nursing care or\nmedical care hires appropriate nursing, medical or hospice staff to care\nfor his or her increased needs;\n  (b) the resident's physician and home care services agency both\ndetermine and document that, with the provision of such additional\nnursing, medical or hospice care, the resident can be safely cared for\nin the residence, and would not require placement in a hospital, nursing\nhome or other facility licensed under article twenty-eight of this\nchapter or article nineteen, thirty-one or thirty-two of the mental\nhygiene law;\n  (c) the operator agrees to retain the resident and to coordinate the\ncare provided by the operator and the additional nursing, medical or\nhospice staff; and\n  (d) the resident is otherwise eligible to reside at the residence.\n  5. In addition to the requirements otherwise required for licensure as\nassisted living, any residence that advertises or markets itself as\nserving individuals with special needs, including, but not limited to,\nindividuals with dementia or cognitive impairments, must submit a\nspecial needs plan to the department setting forth how the special needs\nof such residents will be safely and appropriately met at such\nresidence. Such plan shall include, but need not be limited to, a\nwritten description of specialized services, staffing levels, staff\neducation and training, work experience, professional affiliations or\nspecial characteristics relevant to serving persons with special needs,\nand any environmental modifications that have been made or will be made\nto protect the health, safety and welfare of such persons in the\nresidence. In approving an application for special needs certification,\nthe department shall develop standards to ensure adequate staffing and\ntraining in order to safely meet the needs of the resident. The\nstandards shall be based upon recommendations of the task force\nestablished by section five of the chapter of the laws of two thousand\nfour which added this section. No residence shall market themselves as\nproviding specialized services unless and until the department has\napproved such applicant for a special needs assisted living certificate.\n  6. An enhanced assisted living certificate shall not be required of an\nadult care facility, or part thereof, which has obtained approval by the\ndepartment to operate an assisted living program pursuant to section\nfour hundred sixty-one-l of the social services law. Provided, however,\nsuch exemption shall only apply to those beds at the facility which are\nsubject to the assisted living program.\n  * NB There are 2 § 4655's\n
N.Y. EXC Law § 523-D — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-D
Additional powers of the office of the ombudsman
Status: in_force

§ 523-d. Additional powers of the office of the ombudsman.\nNotwithstanding any other provision of law, the office of the ombudsman\nshall have access to, including the right to inspect and copy, any\nrecords necessary to carry out its rights, powers and duties pursuant to\nthis subtitle, excluding those protected by statutory privilege.\nConsistent with applicable laws and regulations, the confidentiality of\nall records and documents obtained must be maintained by the office of\nthe ombudsman.\n
N.Y. GMU Law § 775 — New York Code / Act GMU / Article 17-A / Title 3 / Section 775
Publication of proposed dissolution plan
Status: in_force

§ 775. Publication of proposed dissolution plan. No later than five\nbusiness days after commencement of dissolution proceedings pursuant to\nsection seven hundred seventy-four of this title, the governing body of\nthe local government entity to be dissolved shall:\n  1. cause a copy of the proposed dissolution plan, along with a\ndescriptive summary thereof, to be displayed and readily accessible to\nthe public for inspection in a public place or places within the entity;\n  2. cause the proposed dissolution plan, along with a descriptive\nsummary thereof and a reference to the public place or places within the\nentity where a copy thereof may be examined, to be displayed on a\nwebsite maintained by the entity or otherwise on a website maintained by\nthe village, town and/or county in which the entity is located;\n  3. arrange to be published a descriptive summary of the proposed\ndissolution plan and a reference to the public place or places within\nthe entity where a copy thereof may be examined, at least once each week\nfor four successive weeks in a newspaper having a general circulation\nwithin the entity; and\n  4. in the case of a proposed dissolution of a village, the governing\nbody of the village shall cause the proposed dissolution plan to be\nmailed by certified or registered mail to the supervisor of the town or\ntowns in which the village is situated.\n
N.Y. RSS Law § 310 — New York Code / Act RSS / Article 8 / Title 3 / Section 310
Retirement system established; a corporation
Status: in_force

§ 310. Retirement system established; a corporation.  The policemen's\nand firemen's retirement system is hereby established. Such system shall\nhave the powers and privileges of a corporation and shall be known as\nthe "New York State and local Police and Fire Retirement System." All of\nthe business of such retirement system shall be transacted, all of its\nfunds invested and payments made, and all of its cash, securities and\nother properties shall be held in such name, except as provided in\narticle nine of this chapter.\n  Reference in this chapter or in any other law to the New York state\npolicemen's and firemen's retirement system shall be deemed to mean and\nrefer to the New York state and local police and fire retirement system.\n
N.Y. PBH Law § 3326 — New York Code / Act PBH / Article 33 / Title 3 / Section 3326
Institutional research licenses
Status: in_force

§ 3326. Institutional research licenses.  1. Subject to the provisions\nof this title, the commissioner is authorized to license an institution,\nwhich regularly engages in research, to approve specific projects\nconducted under its immediate auspices.\n  2. An institution seeking a license pursuant to this section shall\nmake application in the same manner as an applicant for a license\npursuant to section 3325.  However, such institution shall submit, in\nlieu of a detailed protocol of a specific project, a statement\nincluding:\n  (a) the qualifications and such other data as the commissioner may\nrequire regarding each member of the committee within the institution\nwhich will approve specific projects;\n  (b) a description of the system within the institution for approving,\nsupervising and evaluating such projects.\n  3. Upon approval of each specific project, such institution shall\nforward to the commissioner a description of the project, the names and\nqualifications of the individuals working thereon and of those\nindividuals designated to supervise the project. If administration or\ndispensing to human subjects is contemplated, there shall also be\nincluded a description of the provisions for safe administration or\ndispensing.\n  4. Such institution shall forward to the commissioner periodic\nprogress reports and evaluations of, as well as amendments to each\nproject, in such manner and in such detail as the commissioner may\nprescribe.\n
N.Y. PBH Law § 2138 — New York Code / Act PBH / Article 21 / Title 3 / Section 2138
Anonymous testing
Status: in_force

§ 2138. Anonymous testing. Nothing in this article shall be\ninterpreted to eliminate the anonymous testing option provided for in\nsection twenty seven hundred eighty-one of this chapter.\n
N.Y. PBH Law § 34 — New York Code / Act PBH / Article 1 / Title 3 / Section 34
Transfer of employees
Status: in_force

§ 34. Transfer of employees. Upon the transfer of the medical\nassistance program audit and fraud and abuse prevention functions from\nthe department and the offices of mental health, alcoholism and\nsubstance abuse services, temporary disability assistance, and children\nand family services and the office for people with developmental\ndisabilities to the office within the department pursuant to section\nthirty-one of this title, provision shall be made for the transfer of\nnecessary officers and employees who are substantially engaged in the\nperformance of the function to be transferred, and any documents and\nrecords necessary and related to the transfer of such functions. The\nheads of the departments or agencies from which such function is to be\ntransferred and the inspector shall confer to determine the officers and\nemployees who are substantially engaged in the medical assistance\nprogram audit and fraud and abuse prevention function to be transferred.\nIn accordance with subdivision two of section seventy of the civil\nservice law, officers and employees so transferred shall be transferred\nwithout further examination or qualification to the same or similar\ntitles and shall remain in the same collective bargaining unit and shall\nretain their respective civil service classification, status and rights\npursuant to their collective bargaining unit and collective bargaining\nagreement.  Notwithstanding the office's regional operations, all office\nemployees shall be co-located, to the greatest extent practicable. The\ninspector shall have sole responsibility for establishing methods of\nadministration for the office.\n
N.Y. ENV Law § 21-0313 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0313
Budget
Status: in_force

§ 21-0313. Budget.\n  1. The commission shall submit annually, in accordance with the laws\nand practice of this state to the Governor, for study and consideration\nby him, an estimate of moneys required to administer, manage and support\nthe commission. Such estimate shall include any request for\nappropriation of funds by New York state and shall be accompanied by a\ntabulation of similar requests which the commission expects to make to\neach other member state and the formula or factors upon which such\nrespective requests are based.\n  2. The Commissioner of Environmental Conservation shall be afforded an\nopportunity to comment on any budget request by the commission, and the\ncommission shall be furnished with a copy of any such comments.\n
N.Y. RPT Law § 1134 — New York Code / Act RPT / Article 11 / Title 3 / Section 1134
Presumption of validity
Status: in_force

§ 1134. Presumption of validity. It shall not be necessary for the tax\ndistrict to plead or prove the various steps, procedures and notices for\nthe assessment and levy of the taxes or other lawful charges against the\nparcels of real property set forth in the petition and all such taxes or\nother lawful charges and the lien thereof shall be presumed to be valid.\nA respondent alleging any jurisdictional defect or invalidity in the\ntax, or in the proceeding for the enforcement thereof, must particularly\nspecify in his or her answer such jurisdictional defect or invalidity\nand must affirmatively establish such defense. The provisions of this\narticle shall apply to and be valid and effective with respect to all\nrespondents even though one or more of them be infants, incompetents,\nabsentees or non-residents of the state.\n
N.Y. PBH Law § 343 — New York Code / Act PBH / Article 3 / Title 3 / Section 343
County or part-county boards of health; organization; appointment
Status: in_force

§ 343. County or part-county boards of health; organization;\nappointment. 1. The board of health of a county or part-county health\ndistrict shall consist of seven members, one of whom shall be a member\nof the board of supervisors, selected by the board of supervisors, and\nat least one of whom shall be a physician licensed to practice in the\nstate of New York, and two of whom shall be a physician, nurse\npractitioner, physician assistant or any combination thereof licensed to\npractice in the state of New York, and in addition thereto, each city\nwhich becomes a part of the county or part-county health district shall\nbe entitled to one additional representative member on the board of\nhealth.\n  2. The members of the board of health of a county or part-county\nhealth district shall be residents of the health district or a resident\nof a contiguous county who has a background in a health-related field\nand performs other substantial work within the health district\nassociated with their health-related background.\n  3. (a) The members of the board of health shall be appointed by the\nboard of supervisors.\n  (b) The county medical society of the county in which a county or\npart-county health district is established may submit to the board of\nsupervisors a list of physicians from which the board of supervisors may\nchoose the medical members of the board of health.\n  (c) The additional city representative members of the board of health\nshall each be appointed by the board of supervisors from a list of three\npersons submitted by the mayor or other administrative head of such\ncity. Such city representative members so appointed shall have all the\npowers and duties conferred upon other members of said board.\n
N.Y. SOS Law § 74-A — New York Code / Act SOS / Article 3 / Title 3-A / Section 74-A
Administration of assistance by county for city; reimbursements and advances; cost to county to be raised by tax on taxable property of c...
Status: in_force

§ 74-a.  Administration of assistance by county for city;\nreimbursements and advances; cost to county to be raised by tax on\ntaxable property of city and to be included in county tax levy.  1.  The\ncounty shall administer in and for the city the public assistance and\ncare for the administration of which the city is responsible and shall\nbe entitled to all reimbursements and advances against reimbursements on\naccount of the assistance and care so administered to which the city\nwould otherwise be entitled and which would otherwise be payable to the\ncity in accordance with the provisions of this chapter.\n  2.  The cost to the county of all assistance and care thus\nadministered by the county in and for the city shall be a charge against\nand be levied as a tax upon the taxable property of the city and the\namount to be so raised by tax shall be included by the county in its\nnext ensuing tax levy.\n  3.  This section is applicable only to those cities described in\nsubdivision one of section seventy-four of this chapter.\n
N.Y. MDW Law § 82 — New York Code / Act MDW / Article 3 / Title 3 / Section 82
Privacy
Status: in_force

§ 82. Privacy. In every apartment of three or more rooms in every\nclass A multiple dwelling erected after April eighteenth, nineteen\nhundred twenty-nine, there shall be access to every living room and\nbedroom without passing through any bedroom.\n
N.Y. GOB Law § 5-335 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-335
Limitation of reimbursement and subrogation claims in personal injury and wrongful death actions
Status: in_force

§ 5-335. Limitation of reimbursement and subrogation claims in\npersonal injury and wrongful death actions. (a) When a person settles a\nclaim, whether in litigation or otherwise, against one or more other\npersons for personal injuries, medical, dental, or podiatric\nmalpractice, or wrongful death, it shall be conclusively presumed that\nthe settlement does not include any compensation for the cost of health\ncare services, loss of earnings or other economic loss to the extent\nthose losses or expenses have been or are obligated to be paid or\nreimbursed by an insurer. By entering into any such settlement, a person\nshall not be deemed to have taken an action in derogation of any right\nof any insurer that paid or is obligated to pay those losses or\nexpenses; nor shall a person's entry into such settlement constitute a\nviolation of any contract between the person and such insurer.\n  No person entering into such a settlement shall be subject to a\nsubrogation claim or claim for reimbursement by an insurer and an\ninsurer shall have no lien or right of subrogation or reimbursement\nagainst any such settling person or any other party to such a\nsettlement, with respect to those losses or expenses that have been or\nare obligated to be paid or reimbursed by said insurer.\n  (b) This section shall not apply to a subrogation claim for recovery\nof additional first-party benefits provided pursuant to article\nfifty-one of the insurance law. The term "additional first-party\nbenefits", as used in this subdivision, shall have the same meaning\ngiven it in section 65-1.3 of title 11 of the codes, rules and\nregulations of the state of New York as of the effective date of this\nstatute.\n  (c) This section shall not apply to a subrogation or reimbursement\nclaim for recovery of benefits provided by Medicare or Medicaid,\nspecifically authorized pursuant to article fifty-one of the insurance\nlaw, or pursuant to a policy of insurance or an insurance contract\nproviding workers' compensation benefits.\n
N.Y. PBH Law § 4138-A — New York Code / Act PBH / Article 41 / Title 3 / Section 4138-A
Certificate of birth data
Status: in_force

§ 4138-a. Certificate of birth data. Any existing certificate of birth\ndata shall continue to be effective.\n
N.Y. ENV Law § 11-0317 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0317
Seasons and limits for taking fish in certain border waters
Status: in_force

§ 11-0317. Seasons and limits for taking fish in certain border waters.\n  1. After consultation with the appropriate agencies of the neighboring\nstates or provinces mentioned in this section, the department shall have\npower to adopt regulations establishing open seasons, minimum size\nlimits, manner of taking, creel and seasonal limits for the taking of\nfish in the waters of Indian Lake and Mianus Reservoir, both situated\npartly in New York and partly in Connecticut, and in the waters of\nGreenwood Lake, situate partly in New York and partly in New Jersey, and\nin the Delaware River, situate partly in New York and partly in\nPennsylvania and in the waters of Lake Champlain situate partly in New\nYork, partly in Vermont and partly in the Province of Quebec. Such open\nseasons, manner of taking and limits shall, whenever possible, be made\nuniform, with those fixed by the neighboring state or province for the\nwaters in question with respect to all species upon which agreement can\nbe reached with the appropriate agency of that jurisdiction.\n  2. When the department shall find that conditions permit restoration\nand maintenance of the shad run of the Delaware River and that\nrestrictions imposed under the foregoing powers are inadequate to\ncooperate with Pennsylvania and New Jersey in maintaining the maximum\nsustained yield of such fishery, the department is authorized after\nconsultation with the appropriate agencies of Pennsylvania and New\nJersey to declare by regulation that an emergency exists and in its\ndiscretion to impose such additional restrictions for the taking of shad\nin the Delaware River and its tributaries as to numbers and lengths and\ntypes of nets and other gear, compulsory lift periods, licenses, closed\nseason, protected waters or other like measures as may in its judgment\nbe necessary to maintain such maximum sustained yield.  In adopting any\nsuch regulation, the department shall observe the conditions prescribed\nin section 11-0315.\n  3. After consultation with the appropriate agencies of the neighboring\nstates and the Province of Ontario, the department shall have power to\nadopt regulations establishing open seasons, minimum size limits, manner\nof taking, and creel and seasonal limits for the taking of fish in the\nwaters of Lake Erie, Lake Ontario, the Niagara river and the St.\nLawrence river. Such open seasons, manner of taking and limits shall,\nwhenever possible, be made uniform with those fixed by the neighboring\nstates and the Province of Ontario, as the case may be, for the waters\nin question with respect to all species upon which agreement can be\nreached with the appropriate agency of that jurisdiction.\n
N.Y. GOB Law § 3-303 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-303
Contracts in contemplation of marriage
Status: in_force

§ 3-303. Contracts in contemplation of marriage. A contract made\nbetween persons in contemplation of marriage, remains in full force\nafter the marriage takes place.\n
N.Y. PBA Law § 557 — New York Code / Act PBA / Article 3 / Title 3 / Section 557
Grant of land by the city to the authority
Status: in_force

§ 557. Grant of land by the city to the authority. The city shall have\npower and authority by resolution of the board of estimate of the city\nto assign to the authority, without consideration, any land owned by the\ncity on the seventh day of April, nineteen hundred thirty-three, or\nthereafter acquired by it, needed or convenient for the project,\nincluding lands released or to be released by the state to the city\npursuant to chapter three hundred seventy-nine of the laws of nineteen\nhundred twenty-nine as amended.\n
N.Y. PBA Law § 1470-S — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-S
Inconsistent provisions in other acts superseded
Status: in_force

* § 1470-s. Inconsistent provisions in other acts superseded. Insofar\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 1389 — New York Code / Act PBA / Article 6 / Title 3 / Section 1389
Notes of the authority
Status: in_force

§ 1389. Notes of the authority. The authority shall have power from\ntime to time to issue its negotiable notes in conformity with applicable\nprovisions of the uniform commercial code whenever the board shall\ndetermine that payment thereof can be made in full from any moneys or\nrevenues which the authority expects to receive from any source. Such\nnotes may, among other things, be issued to provide moneys to pay\npreliminary costs of surveys, plans or other matters relating to any\nproposed project. The authority may pledge such moneys or revenues\n(subject to any other pledge thereof) for the payment of the notes and\nmay in addition secure the notes in the same manner and with the same\neffect as herein provided for bonds. Such notes may be renewed from time\nto time but such notes, including the renewals thereof, shall mature not\nlater than five years from the date upon which such notes are issued.\nSuch notes shall be issued in the same manner and subject to the same\nrestrictions as to price and interest rate as bonds, except that the\nboard may determine the manner in which such notes shall be sold. In\ncase of default on its notes, or violation of any of the obligations of\nthe authority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders.\n  Issuance by the authority of one or more series of notes for one or\nmore purposes in connection with any industrial project shall not\npreclude it from issuing other notes in connection with the same\nindustrial project or any other industrial project, but the proceedings\nwhereunder any subsequent notes may be issued shall recognize and\nprotect any prior pledge or mortgage made for any prior issue of notes\nunless in the proceedings authorizing such prior issue the right is\nreserved to issue subsequent notes on a parity with such prior issue.\n
N.Y. RPT Law § 550 — New York Code / Act RPT / Article 5 / Title 3 / Section 550
Definitions
Status: in_force

§ 550. Definitions. When used in this title:\n  1. "Assessment roll" means the assessment roll as it exists from the\ntime of its tentative completion to the time of the annexation of a\nwarrant for the collection of taxes.\n  2. "Clerical error" means:\n  (a) an incorrect entry of assessed valuation on an assessment roll or\non a tax roll which, because of a mistake in transcription, does not\nconform to the entry for the same parcel which appears on the property\nrecord card, field book or other final work product of the assessor, or\nthe final verified statement of the board of assessment review; or\n  (b) an entry which is a mathematical error present in the computation\nof a partial exemption; or\n  (c) an incorrect entry of assessed valuation on an assessment roll or\non a tax roll for a parcel which, except for a failure on the part of\nthe assessor to act on a partial exemption, would be eligible for such\npartial exemption; or\n  (d) an entry which is a mathematical error present in the computation\nor extension of the tax; or\n  (e) an entry on a tax roll which is incorrect by reason of a mistake\nin the determination or transcription of a special assessment or other\ncharge based on units of service provided by a special district; or\n  (f) a duplicate entry on an assessment roll or on a tax roll of the\ndescription or assessed valuation, or both, of an entire single parcel;\nor\n  (g) an entry on an assessment or tax roll which is incorrect by reason\nof an arithmetical mistake by the assessor appearing on the property\nrecord card, field book or other final work product of the assessor; or\n  (h) an incorrect entry on a tax roll of a relevied school tax or\nrelevied village tax which has been previously paid; or\n  (i) an entry on a tax roll which is incorrect by reason of a mistake\nin the transcription of a relevied school tax or relevied village tax;\nor\n  (j) an incorrect entry of assessed valuation on an assessment roll or\na tax roll due to an assessor's failure to utilize the required\nassessment method pursuant to section five hundred eighty-one-a of this\narticle in the valuation of qualifying real property.\n  3. "Error in essential fact" means:\n  (a) an incorrect entry on the taxable portion of the assessment roll,\nor the tax roll, or both, of the assessed valuation of an improvement to\nreal property which was destroyed or removed prior to taxable status\ndate for such assessment roll; or\n  (b) an incorrect entry on the taxable portion of the assessment roll,\nor the tax roll, or both, of the assessed valuation of an improvement to\nreal property which was not in existence or which was present on a\ndifferent parcel; or\n  (c) an incorrect entry of acreage on the taxable portion of the\nassessment roll, or the tax roll, or both, which acreage was considered\nby the assessor in the valuation of the parcel and which resulted in an\nincorrect assessed valuation, where such acreage is shown to be\nincorrect on a survey submitted by the applicant; or\n  (d) the omission of the value of an improvement present on real\nproperty prior to taxable status date; or\n  (e) an incorrect entry of a partial exemption on an assessment roll\nfor a parcel which is not eligible for such partial exemption; provided\nthat the exemption has not been renounced pursuant to section four\nhundred ninety-six of this chapter; or\n  (f) an entry pursuant to article nineteen of this chapter on an\nassessment or tax roll which is incorrect by reason of a\nmisclassification of property which is exclusively used for either\nresidential or non-residential purposes.\n  4. "Improvement" means real property as defined in paragraph (b) of\nsubdivision twelve of section one hundred two of this chapter, and which\nhas been separately described and valued on the property record card,\nfield book or other final work product of the assessor.\n  4-a. "Omission" or "omitted real property" means a parcel wholly\nomitted from the assessment roll or tax roll, taxable real property\nentered on the roll as wholly exempt real property, or an error in\nessential fact as defined in paragraph (d) of subdivision three of this\nsection. An omission shall also include taxable real property for which\nno school district or special district tax was levied because of a\nfailure to include the property within the appropriate taxing district.\nAn "omission" or "omitted real property" shall not include real property\nassessed pursuant to subdivisions two through five of section five\nhundred of this article.\n  5. "Tax levying body" means the governing board of a municipal\ncorporation which annexes a warrant for the collection of taxes to a\nfinal assessment roll.\n  6. "Tax roll" means a final assessment roll upon which taxes have been\nextended and to which a warrant has been annexed.\n  7. "Unlawful entry" means:\n  (a) an entry on the taxable portion of the assessment roll or the tax\nroll, or both, of the assessed valuation of real property which, except\nfor the provisions of section four hundred ninety of this chapter, is\nwholly exempt from taxation; or\n  (b) an entry on an assessment roll or a tax roll, or both, of the\nassessed valuation of real property which is entirely outside the\nboundaries of the assessing unit, the school district or the special\ndistrict in which the real property is designated as being located, but\nnot an entry on an assessment roll or a tax roll, or both, of the\nassessed valuation of real property assessed pursuant to subdivisions\ntwo through five of section five hundred of this article; or\n  (c) an entry of assessed valuation on an assessment roll or on a tax\nroll, or both, which has been made by a person or body without the\nauthority to make such entry; or\n  (d) an entry of assessed valuation of state land subject to taxation\non an assessment roll or on a tax roll, or both, which exceeds the\nassessment of such land approved by the commissioner; or\n  (e) an entry of assessed valuation of a special franchise on an\nassessment roll or on a tax roll, or both, which exceeds the final\nassessment thereof as determined by the commissioner pursuant to\nsubdivision one of section six hundred six of this chapter, or the full\nvalue of that special franchise as determined by the commissioner\npursuant to subdivision two of section six hundred six of this chapter\nadjusted by the final state equalization rate established by the\ncommissioner for the assessment roll upon which that value appears.\n
N.Y. GOB Law § 5-324 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-324
Agreements by owners, contractors, subcontractors or suppliers to indemnify architects, engineers and surveyors from liability caused by ...
Status: in_force

§ 5-324. Agreements by owners, contractors, subcontractors or\nsuppliers to indemnify architects, engineers and surveyors from\nliability caused by or arising out of defects in maps, plans, designs\nand specifications void and unenforceable.  Every covenant, agreement or\nunderstanding in, or in connection with any contract or agreement made\nand entered into by owners, contractors, subcontractors or suppliers\nwhereby an architect, engineer, surveyor or their agents, servants or\nemployees are indemnified for damages arising from liability for bodily\ninjury to persons or damage to property caused by or arising out of\ndefects in maps, plans, designs or specifications, prepared, acquired or\nused by such architect, engineer, surveyor or their agents, servants or\nemployees shall be deemed void as against public policy and wholly\nuneforceable.\n
N.Y. PBA Law § 2853 — New York Code / Act PBA / Article 9 / Title 3 / Section 2853
Confidentiality agreements
Status: in_force

§ 2853. Confidentiality agreements. 1. Definitions. For the purposes\nof this section:\n  a. "confidentiality agreement" shall mean an agreement entered into\nbetween a state authority or a local authority with a former or current\nemployee, officer or member of the governing board of such authority\nthat prevents disclosure of any records or information, as defined in\nsubdivision four of section eighty-six of the public officers law,\nduring or after their employment or service.\n  b. "local authority" shall mean a local authority as defined in\nsection two of this chapter.\n  c. "state authority" shall mean a state authority as defined in\nsection two of this chapter.\n  2. No state authority or local authority shall enter into a\nconfidentiality agreement, unless:\n  a. it covers only records or information that are exempt from\ndisclosure pursuant to subdivisions two and four of section eighty-seven\nof the public officers law and any rules promulgated and published\nthereto; or\n  b. the agreement covers both records or information exempt from\ndisclosure, and those subject to disclosure under section eighty-seven\nof the public officers law, but only if:\n  (i) the agreement does not prohibit any disclosure of records or\ninformation related to compensation or benefits given to an employee,\nofficer or member of the governing board or of illegal conduct or\nwrongdoing by the authority;\n  (ii) the authority is unable to specifically determine at the time the\nconfidentiality agreement is entered into which records or information\nare exempt from disclosure in accordance with subdivision two of section\neighty-seven of the public officers law;\n  (iii) the authority establishes a process by which a current or former\nemployee, officer or member of the governing board covered by the\nconfidentiality agreement may obtain a ruling from the authority as to\nwhether he or she may disclose any records or information covered by\nsuch agreement in accordance with the procedures established under\nsubdivision four of section eighty-nine of the public officers law,\nincluding any right to challenge the authority's decision provided by\nthat section; and\n  (iv) the authority notifies the current or former employee, officer or\nmember of the governing board in the agreement of his or her right to\nseek such a ruling.\n  3. Nothing in this section shall require disclosure of information\notherwise protected from disclosure by law.\n  4. Any provision in any contract or other agreement entered into in\nviolation of this section shall have no force and effect.\n
N.Y. RPT Law § 954 — New York Code / Act RPT / Article 9 / Title 3-A / Section 954
Mailing or delivery of bills to mortgage investing institutions
Status: in_force

§ 954. Mailing or delivery of bills to mortgage investing\ninstitutions.  1. A mortgagor who has entered into a real property tax\nescrow account may designate, on a form prescribed or approved by the\ncommissioner, a mortgage investing institution, and its successors,\nagents or assigns to receive tax bills. Each such form shall be held by\nthe mortgage investing institution, or any successor to which the\naccount may be transferred, until the real property tax escrow account\nis terminated, at which time such designation shall be null and void. A\nmortgage investing institution in possession of such a form shall make\nit available for inspection by the mortgagor or collecting officer upon\nrequest. For any mortgage note executed prior to the first day of June,\nnineteen hundred ninety, the mortgage investing institution shall, upon\nthe request of the collecting officer, provide any document that\nevidences its authorization to receive tax bills or obligation to pay\ntaxes.\n  2. Notwithstanding the provisions of section nine hundred twenty-two,\nthirteen hundred twenty-two, thirteen hundred twenty-four or fourteen\nhundred thirty of this chapter, upon agreement between a collecting\nofficer and a mortgage investing institution, the mortgage investing\ninstitution or its agent shall, no later than thirty days prior to the\nlast date established by law for the annexation of the warrant to the\nassessment roll, present to the collecting officer a list in any\nmutually agreeable format of the real property tax escrow accounts with\nrespect to which the mortgage investing institution or its agent has\nbeen authorized by the mortgagor to receive tax bills. If the collecting\nofficer and mortgage investing institution agree, a list of additions\nand deletions to the last such list so delivered may be presented\ninstead.\n  3. Upon receipt of such a list, the collecting officer shall take the\nnecessary actions to provide that the appropriate bills for the upcoming\nlevy will be mailed or delivered to the mortgage investing institution\nor its agent. Such bills may be transmitted in any mutually agreeable\nformat, and need not include any information which the mortgage\ninvesting institution or its agent deems extraneous for its purposes.\nThe collecting officer may, in addition thereto or in lieu thereof,\ncause the appropriate tax billing addresses on the tax roll and the data\nfile, as such term is defined in section fifteen hundred eighty-one of\nthis chapter, to be changed to conform to such list.\n  4. Where a collecting officer receives such a list later than thirty\ndays prior to the last date prescribed by law for the annexation of the\nwarrant to the assessment roll, the collecting officer may accept the\nsame as if it were submitted in a timely manner.\n
N.Y. GOB Law § 5-327 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-327
Consumers' right to recover attorney's fees in actions arising out of consumer contracts
Status: in_force

§ 5-327. Consumers' right to recover attorney's fees in actions\narising out of consumer contracts. 1. As used in this section, the\nfollowing terms shall have the following meanings:\n  (a) "Consumer contract" means a written agreement entered into between\na creditor, seller or lessor as one party with a natural person who is\nthe debtor, buyer or lessee as the second party, and the money, other\npersonal property or services which are the subject of the transaction\nare primarily for personal, family or household purposes;\n  (b) "Creditor" means a person who regularly extends, or arranges for\nthe extension of, credit which is payable by agreement in more than four\ninstallments or for which the payment of a finance charge is or may be\nrequired;\n  (c) "Seller" means a person who sells or provides or agrees to sell or\nprovide the subject of a consumer transaction.\n  (d) "Lessor" means a person who regularly leases, or arranges for the\nlease of, personal property which is the subject of a consumer contract.\n  2. Whenever a consumer contract provides that the creditor, seller or\nlessor may recover attorney's fees and expenses incurred as the result\nof a breach of any contractual obligation by the debtor, buyer or\nlessee, it shall be implied that the creditor, seller or lessor shall\npay the attorney's fees and expenses of the debtor, buyer or lessee\nincurred as the result of a breach of any contractual obligation by the\ncreditor, seller or lessor, or in the successful defense of any action\narising out of the contract commenced by the creditor, seller or lessor.\nAny limitations on attorney's fees recoverable by the creditor, seller\nor lessor shall also be applicable to attorney's fees recoverable by the\ndebtor, buyer or lessee under this section. Any waiver of this section\nshall be void as against public policy.\n
N.Y. PML Law § 1322 — New York Code / Act PML / Article 13 / Title 3 / Section 1322
General provisions
Status: in_force

§ 1322. General provisions. 1. It shall be the affirmative\nresponsibility of each applicant or licensee to establish by clear and\nconvincing evidence its individual qualifications, and for a gaming\nfacility license the qualifications of each person who is required to be\nqualified under this article.\n  2. Any applicant, licensee, registrant, or any other person who must\nbe qualified pursuant to this article shall provide all legally required\ninformation and satisfy all lawful requests for information pertaining\nto qualification and in the form specified by regulation. All\napplicants, registrants, and licensees shall waive liability as to the\nstate, and its instrumentalities and agents, for any damages resulting\nfrom any disclosure or publication in any manner, other than a willfully\nunlawful disclosure or publication, of any material or information\nacquired during inquiries, investigations or hearings.\n  3. All applicants, licensees, registrants, intermediary companies, and\nholding companies shall consent to inspections, searches and seizures\nwhile at a gaming facility and the supplying of handwriting exemplars as\nauthorized by this article and regulations promulgated hereunder.\n  4. All applicants, licensees, registrants, and any other person who\nshall be qualified pursuant to this article shall have the continuing\nduty to provide any assistance or information required by the\ncommission, and to cooperate in any inquiry, investigation or hearing\nconducted by the commission. If, upon issuance of a formal request to\nanswer or produce information, evidence or testimony, any applicant,\nlicensee, registrant, or any other person who shall be qualified\npursuant to this article refuses to comply, the application, license,\nregistration or qualification of such person may be denied or revoked.\n  5. Each applicant or person who must be qualified under this article\nshall be photographed and fingerprinted for identification and\ninvestigation purposes in accordance with procedures set forth by\nregulation.\n  6. All licensees, all registrants, and all other persons required to\nbe qualified under this article shall have a duty to inform the\ncommission of any action which they believe would constitute a violation\nof this article. No person who so informs the commission shall be\ndiscriminated against by an applicant, licensee or registrant because of\nthe supplying of such information.\n
N.Y. VAT Law § 342 — New York Code / Act VAT / Title 3 / Article 7 / Section 342
Alternate methods of giving proof
Status: in_force

§ 342. Alternate methods of giving proof. Proof of financial\nresponsibility when required under this article may be given by the\nfollowing alternate method; either by proof that a policy or policies of\nmotor vehicle liability insurance have been obtained and are in full\nforce and effect, or that a bond has been duly executed, or that deposit\nhas been made of money or securities, all as hereinafter provided.\n
N.Y. SOS Law § 74-H — New York Code / Act SOS / Article 3 / Title 3-A / Section 74-H
Appeals and reviews
Status: in_force

§ 74-h.  Appeals and reviews.  1.  A social services official\nresponsible in an individual case for either the authorization of\nassistance or the investigation of the application for assistance and\nthe making of a recommendation relative to such application shall have\nthe right to appeal to the department from a decision made in such case\nby another social services official.\n  Upon receiving such an appeal, the department shall issue a written\ndetermination which shall be binding on all the social services\nofficials involved in such appeal.\n  2.  The department on its own motion may review any case for the\npurpose of determining whether assistance and care has been adequately\nor properly provided.  After making such a review, the department may\nissue such written determination as it may deem proper, and such\ndetermination shall be binding on all the social services officials\nconcerned.\n
N.Y. MDW Law § 121 — New York Code / Act MDW / Article 4 / Title 3 / Section 121
Prohibiting advertising that promotes the use of dwelling units in a class A multiple dwelling for other than permanent residence purposes
Status: in_force

§ 121. Prohibiting advertising that promotes the use of dwelling units\nin a class A multiple dwelling for other than permanent residence\npurposes. 1. It shall be unlawful to advertise occupancy or use of\ndwelling units in a class A multiple dwelling for occupancy that would\nviolate subdivision eight of section four of this chapter defining a\n"class A" multiple dwelling as a multiple dwelling that is occupied for\npermanent residence purposes.\n  2. Any person found to have violated the provisions of subdivision one\nof this section shall be liable for a civil penalty of not more than one\nthousand dollars for the first violation, five thousand dollars for the\nsecond violation and seven thousand five hundred dollars for the third\nand subsequent violations.\n  3. For the purposes of this section, the term "advertise" shall mean\nany form of communication for marketing that is used to encourage,\npersuade or manipulate viewers, readers or listeners into contracting\nfor goods and/or services as may be viewed through various media\nincluding, but not limited to, newspapers, magazines, flyers, handbills,\ntelevision commercials, radio, signage, direct mail, websites or text\nmessages.\n  4. Notwithstanding the provisions of section three hundred three of\nthis chapter, in a city with a population of one million or more the\nprovisions of this section shall be enforced by the mayor's office of\nspecial enforcement.\n
N.Y. BNK Law § 3001 — New York Code / Act BNK / Article 15 / Title 3 / Section 3001
Corporate name; general
Status: in_force

§ 3001. Corporate name; general. Except as otherwise provided in this\nchapter, the name of a corporation or a foreign corporation, or the name\nof representative and other offices in this state, which are open to the\ngeneral public and maintained by any banking corporation, wherever\nlocated, shall not be the same as the name of a corporation of any type\nor kind, as such name appears on the index of names of existing\ncorporations and foreign corporations of any type or kind in the\ndepartment of financial services or a name so similar to such name as to\ntend to confuse or deceive.\n
N.Y. GOB Law § 15-301 — New York Code / Act GOB / Article 15 / Title 3 / Section 15-301
When written agreement or other instrument cannot be changed by oral executory agreement, or discharged or terminated by oral executory a...
Status: in_force

§ 15-301. When written agreement or other instrument cannot be changed\nby oral executory agreement, or discharged or terminated by oral\nexecutory agreement or oral consent or by oral notice. 1. A written\nagreement or other written instrument which contains a provision to the\neffect that it cannot be changed orally, cannot be changed by an\nexecutory agreement unless such executory agreement is in writing and\nsigned by the party against whom enforcement of the change is sought or\nby his agent.\n  2. A written agreement or other written instrument which contains a\nprovision to the effect that it cannot be terminated orally, cannot be\ndischarged by an executory agreement unless such executory agreement is\nin writing and signed by the party against whom enforcement of the\ndischarge is sought, or by his agent, and cannot be terminated by mutual\nconsent unless such termination is effected by an executed accord and\nsatisfaction other than the substitution of one executory contract for\nanother, or is evidenced by a writing signed by the party against whom\nit is sought to enforce the termination, or by his agent.\n  3. a. A discharge or partial discharge of obligations under a written\nagreement or other written instrument is a change of the agreement or\ninstrument for the purpose of subdivision one of this section and is not\na discharge or termination for the purpose of subdivision two, unless\nall executory obligations under the agreement or instrument are\ndischarged or terminated.\n  b. A discharge or termination of all executory obligations under a\nwritten agreement or other written instrument is a discharge or\ntermination for the purpose of subdivision two even though accrued\nobligations remaining unperformed at the date of the discharge or\ntermination are not affected by it.\n  c. If a written agreement or other written instrument containing a\nprovision that it cannot be terminated orally also provides for\ntermination or discharge on notice by one or either party, both\nsubdivision two and subdivision four of this section apply whether or\nnot the agreement or other instrument states specifically that the\nnotice must be in writing.\n  4. If a written agreement or other written instrument contains a\nprovision for termination or discharge on written notice by one or\neither party, the requirement that such notice be in writing cannot be\nwaived except by a writing signed by the party against whom enforcement\nof the waiver is sought or by his agent.\n  5. If executed by an agent, any agreement, evidence of termination,\nnotice of termination or waiver, required by this section to be in\nwriting, which affects or relates to real property or an interest\ntherein as defined in section 5-101 in any manner stated in subdivisions\none or two of section 5-703 of this chapter shall be void unless such\nagent was thereunto authorized in writing.\n  6. As used in this section the term "agreement" includes promise and\nundertaking.\n
N.Y. RPT Law § 492 — New York Code / Act RPT / Article 4 / Title 3 / Section 492
Ascertainment of amount of special assessment in certain cases
Status: in_force

§ 492.  Ascertainment of amount of special assessment in certain\ncases.  If a portion of a parcel of real property is subject to taxation\npursuant to section four hundred twenty-a, four hundred twenty-b, four\nhundred twenty-four, four hundred twenty-six, four hundred thirty, four\nhundred thirty-six or four hundred thirty-eight of this article, the\namount of any special assessment to be levied on such portion shall be\nascertained by considering the benefit to the property to be in the same\nproportion as the assessed valuation of the taxable portion of the\nproperty bears to the assessed valuation of the property.\n
N.Y. LFN Law § 31.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 31.00
Bond resolution and capital note resolution
Status: in_force

§ 31.00 Bond resolution and capital note resolution. a. The issuance\nof bonds shall be authorized by a "bond resolution." The issuance of\ncapital notes or renewals thereof shall be authorized by "a capital note\nresolution." However, if capital notes are to be issued for the same\nobject or purpose for which bonds are to be issued, the issuance of such\ncapital notes may be authorized by the bond resolution authorizing the\nissuance of such bonds.\n  b. Any municipality, school district or district corporation may adopt\none or more bond resolutions or capital note resolutions authorizing the\nissuance of bonds or capital notes for a specific object or purpose, for\nwhich object or purpose serial bonds may be issued. In addition thereto\nany municipality or school district may adopt one or more bond\nresolutions or capital note resolutions authorizing the issuance of\nbonds or capital notes for any class of objects or purposes, for which\nobjects or purposes serial bonds may be issued.\n  c. The issuance of obligations for a capital improvement and for the\nacquisition of land or permanent rights in land for such improvement may\nbe authorized by the same bond resolution or capital note resolution,\nnotwithstanding the fact that the subdivision of paragraph a of section\n11.00 of this chapter which sets forth the period of probable usefulness\nfor such capital improvement does not include therein the acquisition of\nland or permanent rights in land for such improvement.\n  d. The issuance of bonds or capital notes for two or more specific\nobjects or purposes or two or more classes of objects or purposes may be\nauthorized by the same bond resolution or capital note resolution,\nnotwithstanding the fact that such specific objects or purposes or\nclasses of objects or purposes are described in separate subdivisions of\nparagraph a of section 11.00 of this chapter, provided:\n  1. The maximum period of probable usefulness is five years or less, as\ndetermined by paragraph a of such section 11.00 or pursuant to paragraph\nb of such section, or\n  2. The bond resolution or the capital note resolution, as the case may\nbe, is not subject to either mandatory or permissive referendum.\n
N.Y. VAT Law § 354 — New York Code / Act VAT / Title 3 / Article 7 / Section 354
Commissioner to furnish operating record
Status: in_force

§ 354. Commissioner to furnish operating record. The commissioner\nshall upon request furnish any insurance carrier or any person an\nabstract of the operating record of any person subject to the provisions\nof this article, which abstract shall include enumeration of any\nconvictions of such person of a violation of any provision of any\nstatute relating to the operation of a motor vehicle or any accidents in\nwhich a motor vehicle driven by such person has been involved during the\ncurrent calendar year and the three calendar years preceding that in\nwhich the request for the operating record is received and if\nspecifically requested shall also fully designate the motor vehicles, if\nany, registered in the name of such person and the name of the insurer\ninsuring such motor vehicle, for the registration year in which the\nrequest for the operating record is received. A request for an abstract\nof an operating record shall be subject to the provisions of section two\nhundred two of this chapter.\n
N.Y. EXC Law § 523-C — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-C
Duties of the office of the ombudsman
Status: in_force

§ 523-c. Duties of the office of the ombudsman. The office of the\nombudsman shall:\n  1. visit facilities and programs in accordance with priorities\nestablished by the director, hear grievances and complaints, investigate\nalleged violations of the legal rights of youth residing in facilities\noperated by the office, and monitor and participate in grievance\nprocedures concerning residents in secure facilities, pursuant to\nsection five hundred four-a of this article;\n  2. monitor the implementation of the policies and regulations of the\noffice and of the rules and regulations of other state agencies, as such\nmay be applicable to the legal rights of youth residing in facilities\noperated by the office, and monitor the implementation of statutes,\ncourt orders, court decisions and court stipulations which affect youth\nresiding in facilities operated by the office;\n  3. advise and assist youth residing in facilities operated by the\noffice to obtain legal counsel;\n  4. recommend policies, regulations, and legislation designed to\nprotect youth residing in facilities operated by the office;\n  5. serve as a resource to youth residing in facilities operated by the\noffice by informing them of pertinent laws, regulations and policies,\nand their rights thereunder;\n  6. present significant complaints and concerns of youth residing in\nfacilities operated by the office to the commissioner, appropriate\noffice staff, and the independent review board; and\n  7. periodically review procedures established by the office to carry\nout the provisions of this article, with a view toward the rights,\nsafety and development of youth residing in facilities operated by the\noffice.\n
N.Y. LAB Law § 266 — New York Code / Act LAB / Article 11 / Title 3 / Section 266
Exterior enclosed fireproof stairway
Status: in_force

§ 266. Exterior enclosed fireproof stairway. "Exterior enclosed\nfireproof stairway" means a stairway conforming to the following\nrequirements:\n  1. It shall be completely enclosed from top to bottom by walls of\nfireproof material not less than eight inches thick extending from the\nsidewalk, court or yard level to the roof, and above the roof so as to\nform a bulkhead.\n  2. It shall in all other respects except as herein provided conform to\nthe requirements of section two hundred and seventy in regard to the\nconstruction of stairways and their enclosures, except that stairways\nand landings in an exterior fireproof enclosed stairway not exceeding\none hundred feet in height may be constructed of other than\nincombustible material to be approved by the board.\n  3. There shall be no opening in any wall separating it from the\nbuilding.\n  4. Access shall be provided to the stairway from every floor of the\nbuilding by means of an outside balcony or vestibule of steel, iron or\nmasonry. Every such balcony or vestibule shall have an unobstructed\nwidth of at least forty-four inches and shall be provided with a\nfireproof floor and a railing of incombustible material not less than\nthree feet high. Access to such balconies from the building and to the\nstairway from the balconies shall be by means of firedoors. The level of\nthe balcony floor shall be not more than seven inches below the level of\nthe door sill of the building. The doors shall swing outward onto the\nbalcony and inward from the balcony to the stairway, and shall be\nprovided with locks or latches with visible fastenings requiring no key\nto open them in leaving the building. The balconies shall be open on at\nleast one side, upon an open space not less than one hundred square feet\nin area.\n  5. The landings shall be of such width that the doors in opening into\nthe stairway shall not reduce the free passageway of the landings to a\nwidth less than the width of the stairs.\n  6. Such stairway shall be provided with a proper lighting system\nfurnishing adequate light and shall be so arranged as to ensure its\nreliable operation, when through accident or other cause the regular\nfactory lighting is extinguished.\n
N.Y. ELN Law § 5-304 — New York Code / Act ELN / Article 5 / Title 3 / Section 5-304
Enrollment; change of enrollment or new enrollment by previously registered voters
Status: in_force

§ 5-304. Enrollment; change of enrollment or new enrollment by\npreviously registered voters. 1. A registered voter may change his\nenrollment in the manner prescribed by this section.\n  2. The term "change of enrollment" shall apply to applications by a\nregistered voter already enrolled in one party to enroll in a different\nparty, or to delete his enrollment in any party, or an application by a\nregistered voter not enrolled in any party to enroll in a particular\nparty.\n  3. A change of enrollment received by the board of elections will take\neffect immediately, provided however, any change of enrollment received\nby the board of elections after February fourteenth and before or on\nseven days after the June primary shall take effect on the seventh day\nafter the June primary.\n  4. Registered voters may apply for change of enrollment personally by\nmail to or by appearing before a county board of elections or by\nappearing before a board of inspectors. If the applicant has appeared in\nperson and if the board finds that he or she is properly registered, it\nshall provide the applicant with an application form for voter\nregistration by mail which shall be treated as an application for change\nof enrollment filed pursuant to this section. If the voter has applied\npersonally by mail, the county board of elections shall mail him or her\nan application form for voter registration by mail as provided by this\nchapter. If a registered voter submits an application form for\nregistration or enrollment as provided by this chapter, from the\nresidence address from which he or she is then registered, and such form\nreflects a change of enrollment, the county board of elections shall\ntreat such form as an application for change of enrollment filed\npursuant to this section. If such application form also sets forth a new\naddress within the same city or county, the board of elections shall\nalso treat such form as an application for transfer of registration\npursuant to section 5-208 of this article. If a voter has cast a ballot\nin an affidavit ballot envelope on which such voter claims a party\nenrollment different from the enrollment in the records of the board of\nelections, such affidavit shall be treated as an application for change\nof enrollment.\n
N.Y. PBA Law § 1067 — New York Code / Act PBA / Article 5 / Title 3 / Section 1067
Actions
Status: in_force

§ 1067. Actions. 1. In any case founded upon tort a notice of claim\nshall be required as a condition precedent to the commencement of an\naction or special proceeding against the authority or any officer,\nappointee, agent or employee thereof, and the provisions of section\nfifty-e of the general municipal law shall govern the giving of such\nnotice. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued.\n  2. An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n
N.Y. PBH Law § 2999-E — New York Code / Act PBH / Article 29-D / Title 3 / Section 2999-E
Demonstration projects
Status: in_force

* § 2999-e. Demonstration projects. 1. Notwithstanding any\ninconsistent regulation of the department, the commissioner is\nauthorized and shall select up to five demonstration projects throughout\nthe state, pursuant to a competitive bid or request for proposal\nprocess, which have been determined by the commissioner to encompass one\nor more of the following elements:\n  (a) use of the workgroup metrics to measure and reward physician,\nclinic and hospital performance;\n  (b) involvement of multiple payers, including government programs,\nmultiple providers and multiple communities voluntarily agreeing to\nemploy the workgroup metrics to reward physician, clinic and hospital\nperformance for quality improvement;\n  (c) use of information technology to share patient information among\nproviders to improve coordination of patient care;\n  (d) targeted improvement in care coordination through the\nparticipation of multiple stakeholders;\n  (e) collection, analysis and public reporting on the risk-adjusted\nmeasures, incentives and processes utilized, and outcomes; and\n  (f) programs to enhance patient self-management through adherence to\ntreatment plans.\n  2. In evaluating proposed demonstration projects, the commissioner\nshall consider the degree to which a proposed project reflects the\nelements listed above including demonstrated commitments on the part of\nall practitioners, providers and payors to participate.\n  3. (a) There shall be no more than five demonstration projects under\nthis title.\n  (b) Where any demonstration project involves recipients of Medicaid,\nfamily health plus, or child health plus, those recipients shall not\nconstitute more than half the individuals covered by the demonstration\nproject and their health care, measured in the amount of annual\nreimbursement, shall not cover more than half of the health care covered\nby the demonstration project.\n  (c) No demonstration project shall limit the scope or terms of\ncoverage or limit the grounds or procedural rights for appealing a\ndenial of reimbursement for a health care service, for any consumer,\nenrollee, or recipient subject to the demonstration project.\n  * NB Expired April 1, 2011\n
N.Y. MRE Law § 170 — New York Code / Act MRE / Article 5 / Title 3 / Section 170
Water supply
Status: in_force

§ 170. Water supply.  The owner shall provide proper appliances to\nreceive and distribute in such dwelling an adequate supply of water\nobtained from the public water supply system or from a source approved\nby the public health officer having jurisdiction at all times when the\nbuilding is occupied and during all hours and hot water between six\no'clock in the morning and midnight.\n
N.Y. VAT Law § 371 — New York Code / Act VAT / Title 3 / Article 8 / Section 371
Certificate of department of transportation in lieu of indemnity bonds or insurance policies
Status: in_force

§ 371. Certificate of department of transportation in lieu of\nindemnity bonds or insurance policies. A person, firm, association or\ncorporation subject to the provisions of the transportation law and\nrequired under the provisions of section three hundred seventy of this\nchapter to file evidence of a corporate surety bond or policy of\ninsurance with the commissioner of motor vehicles in order to so operate\nany such motor vehicle, may file with the commissioner of motor\nvehicles, in lieu of the surety or evidence prescribed in section three\nhundred seventy of this chapter, a certificate of the department of\ntransportation certifying that such person, firm, association or\ncorporation has complied with the regulations of the department of\ntransportation as to public liability and property damage responsibility\nand, in the case of such a person, firm, association or corporation also\nengaged in the business of carrying or transporting passengers for hire\nin operations not subject to the provisions of the transportation law,\nthat the arrangement of coverage in effect has been extended to cover\nmotor vehicles used in such operations.\n