N.Y. ELN Law § 5-202 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-202
Local registration; provision for
Status: in_force

§ 5-202. Local registration; provision for. 1. The board of inspectors\nfor every election district shall meet for the purpose of taking the\nregistration of voters not earlier than the sixth Saturday or later than\nthe fourth Saturday before each general election. During such period, in\nthe city of New York and in counties having a population of three\nhundred thousand or more, the board shall hold two meetings each year,\nincluding at least one on a Saturday. During such period, in all other\ncounties, the board shall hold one meeting each year, on a Saturday,\nexcept that in years in which a president of the United States is to be\nelected, the board shall hold two such meetings, including at least one\non a Saturday. If the polling place of an election district is located\nin a building owned by a religious organization or used by it as a place\nof worship, the building will not be required to be open for voter\nregistration on any Saturday if this is contrary to the religious\nbeliefs of the religious organization. The dates of such meetings and\nany additional meetings that the board of elections may, in its\ndiscretion, direct to be held shall be determined by the board of\nelections except that no such meeting shall be held on the religious\nholidays of Yom Kippur, Rosh Hashana, Simchas Torah, Shmini Atzereth or\nSuccoth.  The board of elections shall also determine the hours for\nconducting all such meetings, provided, however, that there shall be not\nless than seven consecutive hours for registration on a Saturday and not\nless than three and one-half consecutive hours on any other meeting day.\nThe days and hours of registration shall be uniform throughout the\ncounty and in the city of New York throughout the city, and meetings\nshall begin not earlier than six o'clock in the morning and continue not\nlater than half-past ten o'clock in the evening and no Saturday meeting\nshall end before nine o'clock in the evening.\n  2. Local registration shall always be received by two members of the\nlocal board of inspectors, representing respectively the two political\nparties as provided herein for the appointment of inspectors.\n  3. The last day of local registration shall be uniform throughout the\nstate and such registration day shall be designated by the state board\nof elections not later than the first day of June preceding the general\nelection in each year. Such statewide registration day shall be one of\nthe registration days hereinabove provided in this section, provided,\nhowever, that in any year in which presidential and vice-presidential\nelectors are to be elected such day shall not be more than thirty days\nbefore the general election. If the polling place of an election\ndistrict is located in a building owned by a religious organization or\nused by it as a place of worship, the building will not be required to\nbe open for voter registration on a Saturday if this is contrary to the\nreligious beliefs of the religious organization.\n  4. Each board of elections shall make and file in its office and with\nthe state board of elections a determination as to the dates and hours\nfor local registration not later than the tenth day of July next\npreceding the general election in each year, and shall publish such\ndates and hours at least once in the two week period preceding the first\nday of such registration.  Such publication shall be in two newspapers\npublished within the county. If the county contains a city or cities, at\nleast one of such newspapers shall be published in the city, or the\nlargest city, if there be more than one.\n  5. Notwithstanding any inconsistent provision of this chapter, in any\nyear the board of elections may provide that a single place and a single\nboard of inspectors shall be used for taking the local registration of\ntwo or more election districts provided that such board shall find that\nmore than one-half the anticipated registrants in such districts are\nalready registered permanently. In cities, notice of such action shall\nbe published with the list of registration places as provided in this\nchapter. In towns, the board of elections shall cause notice of such\naction with the location of the registration place designated for such\nelection district to be posted in five conspicuous public places within\neach affected election district or to be published in the manner\nprovided by this chapter for the optional publication of places of\nregistration. In all cases where notice is given by publication, the\nboard of elections shall cause notice of such action, with the location\nof the registration place designated for such election district to be\nposted, on the days of registration, at the entrance to the regular\npolling place for each affected election district.\n  6. Notwithstanding any provision of law to the contrary, any board of\nelections, and in the city of New York, the board of elections of the\ncity of New York, may, by resolution adopted not later than the first\nday of July in any year, except a year in which presidential and vice\npresidential electors are to be elected, provide that no meeting for\nlocal registration shall be held in the county or the city of New York.\nIf a board of elections or the board of elections of the city of New\nYork adopts a resolution eliminating meetings for local registration,\nsuch resolution shall remain in effect for such year and each succeeding\nyear, except years in which presidential and vice presidential electors\nare to be elected, unless it is thereafter repealed by a resolution\nadopted at least sixty days prior to the first day for holding local\nregistrations as provided for under the provisions of this article.\n
N.Y. EDN Law § 2004 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2004
Notice of annual meeting in union free school district
Status: in_force

§ 2004. Notice of annual meeting in union free school district. 1. The\nclerk of each union free school district shall give notice of the\navailability of the statement of expenditures pursuant to the provisions\nof section seventeen hundred sixteen of this chapter and shall also give\nnotice of the time and place of the annual meeting and the notice\nrequired by section seventeen hundred sixteen of this chapter by\npublishing a notice four times within the seven weeks next preceding\nsuch district meeting, the first publication to be at least forty-five\ndays before said meeting, in two newspapers if there shall be two, or in\none newspaper if there shall be but one, having general circulation\nwithin such district. But if no newspaper shall then have general\ncirculation therein, the said notice shall be posted in at least twenty\nof the most public places in said district forty-five days before the\ntime of such meeting.\n  2. Such notice shall also state that petitions nominating candidates\nfor the office of member of the board of education must be filed in the\noffice of the clerk of the district between the hours of nine a.m. and\nfive p.m., not later than the thirtieth day preceding the school meeting\nor election at which the candidates so nominated are to be elected.\n  5. If the district has personal registration of voters pursuant to\nsection two thousand fourteen of this chapter, and has not been divided\ninto election districts pursuant to section two thousand seventeen of\nthis chapter, such notice shall also state:\n  a. the place and hour or hours at which the board of registration\nshall meet to prepare the register of the school district and any person\nshall be entitled to have his name placed upon such register, provided\nthat at such meeting of the board of registration, he is known or proven\nto the satisfaction of such board of registration, to be then or\nthereafter entitled to vote at the school meeting or election for which\nsuch register is prepared,\n  b. that the register prepared pursuant to section two thousand\nfourteen of this chapter will be filed in the office of the clerk of the\ndistrict; that such register will be open for inspection by any\nqualified voter of the district and the hours during which such register\nwill be open for inspection on each of the five days prior to and the\nday set for the meeting or election, except Sundays.\n  6. If the district has been divided into election districts pursuant\nto section two thousand seventeen of this chapter, such notice shall\nalso state:\n  a. the place and hour or hours in each election district at which the\nmembers of the board of registration shall meet to prepare the register\nof the school district for each election district and any person shall\nbe entitled to have his name placed upon such register, provided that at\nsuch meeting of the members of the board of registration he is known or\nproven to the satisfaction of such members to be then or thereafter\nentitled to vote at the school meeting or election for which such\nregister is prepared,\n  b. the place in each election district where the meeting or election\nshall be held,\n  c. that the register prepared pursuant to section two thousand\nfourteen of this chapter will be filed in the office of the clerk of the\ndistrict; that such register will be open for inspection by any\nqualified voter of the district and the hours during which such register\nwill be open for inspection on each of the five days prior to and the\nday set for the meeting or election, except Sundays,\n  d. if the district is divided into election districts and voting\nmachines are used, that a statement of estimated expenses for the\nensuing year will be completed and copies made available at each\nschoolhouse in the district in which school is maintained during certain\ndesignated hours on each day other than a Saturday, Sunday or holiday\nduring the fourteen days immediately preceding such meeting, together\nwith the text of any resolution which will be presented to the voters.\n  7. Such notice shall also state that applications for early mail and\nabsentee ballots for election of board members may be applied for at the\noffice of the clerk of the district. Such notice, in such case, shall\nfurther state that a list of all persons to whom early mail and absentee\nballots shall have been issued, will be available in the said office of\nthe clerk on each of the five days prior to the day of the election\nexcept Sundays, and that such list will also be posted at the polling\nplace or places at the election of members of the board of education.\n  8. Such notice and all other notices and reports required to be\npublished in newspapers under the provisions of this chapter shall be\nprinted at the rates and for the fees prescribed in section fifteen\nhundred fifty-one of the civil practice act. In the event that the\npublishers of one or both of the newspapers having general circulation\nin such district shall refuse to print and publish the notices or\nreports at the rates and for the fees so prescribed, publication in such\nnewspaper or newspapers so refusing may be omitted, in which case the\nnotices or reports shall be posted as required by this section in lieu\nof such publication.\n
N.Y. SOS Law § 398-C — New York Code / Act SOS / Article 6 / Title 2 / Section 398-C
Powers and duties of the commissioner in relation to children
Status: in_force

§ 398-c. Powers and duties of the commissioner in relation to\nchildren. 1. The commissioner shall determine whether a child, whose\nreport is submitted to the department pursuant to subparagraph five of\nparagraph b of subdivision one of section forty-four hundred two of the\neducation law or subdivision thirteen of section three hundred\nninety-eight of this article, will likely need adult services and, if\nsuch need will likely exist, develop a recommendation of all appropriate\nprograms authorized or operated by the department which may be available\nwhen the child attains the age of twenty-one. If necessary and\nappropriate, the commissioner may conduct an evaluation of the child to\ndetermine if adult services will be necessary. Such recommendation of\nall programs shall be made available to the parent or guardian of such\nchild as soon as practicable but no later than six months before such\nchild attains the age of twenty-one.\n  2. If the commissioner determines pursuant to subdivision one of this\nsection, that such child will not require adult services, the\ncommissioner shall notify the child's parent or guardian in writing of\nsuch determination. Such notice shall be given as soon as practicable\nbut no later than six months before the child attains the age of\ntwenty-one.\n  3. Notwithstanding subdivisions one and two of this section, the\ncommissioner may determine that the department is not responsible for\ndetermining and recommending adult services for such child. When such a\ndetermination is made it shall be made as soon as practicable after\nreceiving the report and the commissioner shall promptly notify in\nwriting the committee on special education, multidisciplinary team or\nsocial services official who sent the report that such determination has\nbeen made. Such notice shall state the reasons for the determination and\nmay recommend a state agency which may be responsible for determining\nand recommending adult services.\n  4. Nothing in this section shall be construed to create an entitlement\nto adult services.\n  5. A designee of the commissioner may carry out the functions of the\ncommissioner described in this section.\n
N.Y. MDW Law § 116 — New York Code / Act MDW / Article 4 / Title 2 / Section 116
Water-closets in certain class B multiple dwellings
Status: in_force

§ 116. Water-closets in certain class B multiple dwellings.\nWater-closets contained in certain class B multiple dwellings shall\ncomply with the applicable provisions of section seventy-six.\n
N.Y. PBH Law § 2328 — New York Code / Act PBH / Article 23 / Title 2 / Section 2328
Houses of prostitution; injunction; penalty for violation
Status: in_force

§ 2328. Houses of prostitution; injunction; penalty for violation.  A\nparty found guilty of contempt under the provisions of this article\nshall be punished by a fine of not less than three hundred nor more than\none thousand dollars or by imprisonment for not less than three nor more\nthan six months or by both fine and imprisonment, for the first offense,\nand for the second and each subsequent offense shall be imprisoned for\none year.\n
N.Y. PBA Law § 825 — New York Code / Act PBA / Article 4 / Title 2 / Section 825
Short title
Status: in_force

§ 825. Short title. This title may be cited as the "Central New York\nRegional Market Authority Act."\n
N.Y. EDN Law § 2110 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2110
Penalty for refusal to serve or perform duty
Status: in_force

§ 2110. Penalty for refusal to serve or perform duty.  1. Every person\nelected or appointed to a school district office and being duly\nqualified to fill the same who shall refuse to serve therein shall\nforfeit the sum of five dollars.\n  2. Every person elected or appointed to a school district office and\nnot refusing to accept the same who shall wilfully neglect or refuse to\nperform any duty thereof shall by such neglect or refusal vacate his\noffice and also forfeit the sum of ten dollars.\n  3. The district superintendent of the supervisory district wherein any\nsuch person resides may accept his written resignation of the office,\nand the filing of such resignation and acceptance in the office of the\ndistrict clerk shall be a bar to the recovery of either penalty under\nthis section.\n  4. These penalties shall be for the benefit of the district for which\nsuch officer was appointed or elected.\n
N.Y. PBA Law § 1045-C — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-C
New York city municipal water finance authority
Status: in_force

§ 1045-c. New York city municipal water finance authority. 1. A\ncorporation known as the New York city municipal water finance authority\nis hereby created for public purposes and charged with the duties and\nhaving the powers provided in this title. The authority shall be a body\ncorporate and politic constituting a public benefit corporation. It\nshall be administered by a board of directors consisting of seven\nmembers as follows: the commissioner of environmental protection of the\ncity, the state commissioner of environmental conservation, the director\nof management and budget of the city, the commissioner of finance of the\ncity, two public members to be appointed by the mayor and one public\nmember to be appointed by the governor. One public member appointed by\nthe mayor shall serve for a term of one year, one public member\nappointed by the mayor shall serve for a term of two years, and the\npublic member appointed by the governor shall serve for a term of two\nyears from January first next succeeding the date of their appointment.\nTheir successors shall serve for terms of two years each. Members shall\ncontinue in office until their successors have been appointed and\nqualified. The mayor or the governor shall fill any vacancy which may\noccur by reason of death, resignation or otherwise in a manner\nconsistent with the original appointment. A public member may be removed\nby the mayor or the governor, whichever appointed him, for cause, but\nnot without an opportunity to be heard in person or by counsel, in his\ndefense, upon not less than ten days' notice. The mayor shall select a\nchairman from among the directors appointed by him who shall serve in\nsuch capacity at his pleasure. The chairman shall preside over all\nmeetings of the board of directors and shall have such other duties as\nmay be prescribed by the board.\n  2. Each director who is a public member shall be entitled to\nreimbursement for his actual and necessary expenses incurred in the\nperformance of his official duties and a per diem allowance of one\nhundred fifty dollars when rendering service as such director, provided\nthat the aggregate of such per diem allowance to any one director in any\none fiscal year of the authority shall not exceed the sum of five\nthousand dollars.\n  3. Such public members may engage in private employment, or in a\nprofession or business, subject to the limitations contained in sections\ntwenty-six hundred four, twenty-six hundred five, twenty-six hundred six\nand twenty-six hundred seven of the New York city charter for members\nappointed by the mayor, and subject to the limitations contained in\nsections seventy-three and seventy-four of the public officers law for\nmembers appointed by the governor. The authority shall, for the purposes\nof such sections be a "city agency" or a "state agency," as the case may\nbe and such directors shall be "officers" of the authority for the\npurposes of such sections.\n  4. Four directors of the authority of whom at least three members\nshall be ex officio shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. Resolutions\nauthorizing the issuance of bonds or notes of the authority and\nresolutions authorizing any loan, lease, sale or other agreement in\nrespect to a water project shall be approved by not less than four\nmembers of the authority at a meeting duly called for such purposes at\nwhich a quorum is in attendance, but for the transaction of any other\nbusiness or the performance of any other power or function of the\nauthority, the authority may act by a majority of the members present at\nany meeting at which a quorum is in attendance. The authority may\ndelegate to one or more of its directors, or its officers, agents and\nemployees, such powers and duties as it may deem proper. The\ncommissioner of environmental protection of the city, the state\ncommissioner of environmental conservation, the director of management\nand budget of the city, and the commissioner of finance of the city may\neach, by written instrument, filed with and approved as to form by the\nauthority, designate a deputy or assistant in their respective\ndepartments or offices, to perform, in their absence, their respective\nduties under this title. The term "director" as used in this subdivision\nshall include such persons so designated as provided herein. The\ndesignation of such persons shall be deemed temporary only and shall not\naffect the civil service or retirement rights of any persons so\ndesignated.\n  5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, or of any charter, no officer or\nemployee of the city or the state, shall be deemed to have forfeited or\nshall forfeit his office or employment or any benefits provided under\nthe retirement and social security law by reason of his acceptance of\nmembership on the authority, provided, however, that a director who\nholds such other public office or employment shall receive no additional\ncompensation for services rendered pursuant to this title, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n  6. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the city except as otherwise may be\nspecified in such law.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the city and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. PBA Law § 1045-X — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-X
Authority, water board and city to take affirmative action
Status: in_force

§ 1045-x. Authority, water board and city to take affirmative action.\n1.  Each contracting agency which awards contracts for design,\nconstruction, services or materials for water projects authorized by\nthis title shall require that such contracts and documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n  (a) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue programs of affirmative action to insure that minority group\npersons and women are afforded equal employment opportunity without\ndiscrimination. Such action shall be taken with reference, but not be\nlimited to recruitment, employment, job assignment, promotion,\nupgrading, demotion, transfer, layoff, termination, rates of pay or\nother forms of compensation, and selections for training or retraining,\nincluding apprenticeship and on-the-job training.\n  (b) At the request of the contracting agency, the contractor shall\nrequest each employment agency, labor union, or authorized\nrepresentative of workers with which he has a collective bargaining or\nother agreement or understanding, to furnish a written statement that\nsuch employment agency, labor union or representative shall not\ndiscriminate because of race, creed, color, national origin, sex, age,\ndisability or marital status and that such union or representative will\ncooperate in the implementation of the contractor's obligations\nhereunder.\n  (c) The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor, in performance\nof the contract that all qualified applicants will be afforded equal\nemployment opportunity without discrimination because of race, creed,\ncolor, national origin, sex, age, disability or marital status.\n  (d) The contractor will include the provisions of paragraphs (a)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its working connection with a contract.\n  2. Each contracting agency shall establish procedures and guidelines\nto ensure that contractors and subcontractors undertake programs of\naffirmative action as required by this section. Such procedures may\nrequire, after notice in a bid solicitation, the submission of an\naffirmative action program prior to the award of any contract, or at any\ntime thereafter, and may require the submission of compliance reports\nrelating to the operation and implementation of any affirmative action\nprogram adopted hereunder. Such procedures and guidelines shall be\nconsistent with the guidelines promulgated by the office of federal\ncontract compliance programs of the United States department of labor\npursuant to presidential executive order eleven thousand two hundred\nforty-six, as amended, and any state statutory or regulatory\nrequirements. A contracting agency shall, in the promulgation of\nprocedures and guidelines pursuant to this section, cooperate with any\nfederal, state or local agency established for the purpose of\nimplementing affirmative action compliance programs.\n  3. Any contracting agency empowered to award contracts for design,\nconstruction, services or materials shall seek meaningful participation\nin the performance of contracts by minority business enterprises and\nshall establish measures and procedures to identify those contracts and\nitems of work for which minority business enterprises may best bid to\nactively and affirmatively promote and assist their participation so as\nto facilitate the award of a fair share of contracts to such\nenterprises. For purposes hereof, "minority business enterprise" shall\nmean any business enterprise which is at least fifty-one per centum\nowned by, or in the case of a publicly owned business, at least\nfifty-one per centum of the stock of which is owned by citizens or\npermanent resident noncitizens who are Black, Hispanic, Asian, American\nIndian or women, and such ownership interest is real, substantial and\ncontinuing. The provisions of this subdivision shall not be construed to\nlimit the ability of any minority business enterprise to bid on any\ncontract.\n  4. In the implementation of subdivisions two and three of this\nsection, the contracting agency shall consider compliance by any\ncontractor with the requirements of any federal, state or local law\nconcerning minority business enterprises or equal employment\nopportunity, which may effectuate the requirements of this section. If\nthe contracting agency determines that by virtue of the imposition of\nthe requirements of any such law, in respect to contracts affected by\nthis section, that the provisions thereof duplicate or conflict with\nsuch law, the contracting agency shall waive the applicability of this\nsection to the extent of such duplication or conflict.\n  5. In order to implement the requirements and objectives of this\nsection, contracting agencies shall be responsible for monitoring the\ncontractors' compliance with the provisions hereof, for advising\ncontractors on the availability of competing qualified minority business\nenterprises to perform contracts proposed to be awarded and for making\nrecommendations to contractors to improve the access of minority\nbusiness enterprises to such contracts.\n
N.Y. EDN Law § 2575-A — New York Code / Act EDN / Title 2 / Article 52 / Section 2575-A
Transfer of certain board of education administrative employees' to school clerical services of the board of education of the city of New...
Status: in_force

§ 2575-a. Transfer of certain board of education administrative\nemployees' to school clerical services of the board of education of the\ncity of New York.  Notwithstanding any other provision of this law to\nthe contrary, any employee who has completed at least twenty years of\ncontinuous board of education administrative service, or other service\nas a member of the board of education retirement system, and having\naccepted appointment to the school clerical or pedagogical service of\nthe board of education of the city of New York, may continue membership\nin the board of education retirement system and shall be permitted to\ncontribute to such system and receive credit for services rendered to\nthe school clerical or pedagogical service of the board of education of\nthe city of New York as if such service was education service.\n
N.Y. PBA Law § 1353 — New York Code / Act PBA / Article 6 / Title 2 / Section 1353
Port of Oswego authority
Status: in_force

§ 1353. Port of Oswego authority. The board heretofore created by this\nsection and known as the Oswego port authority is hereby continued and\nshall hereafter be known and designated as the port of Oswego authority.\nSuch board shall be a body corporate and politic, constituting a public\nbenefit corporation. The board shall consist of nine members, seven of\nwhom shall be residents of the city of Oswego and one of whom shall be a\nresident of the town of Scriba, with at least one thereof being a member\nof or recommended by the county planning board of the county of Oswego\ncommencing with the expiration of the term occurring first after July\nfirst nineteen hundred seventy-five. The terms of office of all members\nof the authority heretofore appointed and in office on March\nthirty-first, nineteen hundred sixty, shall expire and terminate on such\ndate, provided, however, that they shall continue in office as such\nuntil the members first to be appointed by the governor as hereinafter\nin this section provided shall have qualified. The members of said\nauthority shall be appointed by the governor, by and with the advice and\nconsent of the senate. Of the members first appointed by the governor\ntwo members shall be appointed for a term ending September first,\nnineteen hundred sixty-one, two for terms ending September first,\nnineteen hundred sixty-two, two for terms ending September first,\nnineteen hundred sixty-three, and one for a term ending September first,\nnineteen hundred sixty-four. Any member appointed by the governor to\nfill any newly created membership on the board shall be appointed for a\nterm ending on the first day of September nineteen hundred seventy-six.\nThereafter, upon the expiration of the term of a member, a successor\nshall be appointed by the governor for a term expiring four years after\nthe expiration of the term of his predecessor. If a vacancy shall occur\nby reason of a death, disqualification, resignation or removal of a\nmember, the successor shall be appointed by the governor for the\nunexpired term. The members of the authority shall, before entering upon\nthe duties of their office, take the constitutional oath of office and\nfile the same in the office of the secretary of state. The authority\nshall organize by the selection from its members of a chairman, vice\nchairman, and a secretary. It shall adopt such rules as it may deem\nnecessary and proper for the government of its own proceedings and the\nregulation and use of port facilities and industrial projects in the\ndistrict, and shall keep a record of its proceedings. Rules pertaining\nto the regulation and use of port facilities and industrial projects\nshall be fair, reasonable and impartial and shall be subject to any law,\nrule or regulation administered by the interstate commerce commission or\nthe public service commission or the water resources commission, or any\nother department or commission of the United States of America or of the\nstate of New York, which has the jurisdiction in such matters and shall\nnot operate to deprive any person or corporation, private or public, of\nany property without due process of law. A majority of the members of\nthe authority shall constitute a quorum for the transaction of business\nand the concurrence of a majority of all members shall be necessary to\nthe validity of any order of the authority. A member may be removed by\nthe governor for cause after giving such member a copy of the charges\nand an opportunity to be heard thereon. The members of the authority\nshall serve without compensation but shall be entitled to reimbursement\nof their actual and necessary expenses incurred in the performance of\ntheir official duties.\n
N.Y. EDN Law § 2021 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2021
Powers of voters
Status: in_force

§ 2021. Powers of voters. The inhabitants entitled to vote, when duly\nassembled in any district meeting, shall have power, by a majority of\nthe votes of those present and voting:\n  1. In common school districts, to appoint a chairman.\n  2. To appoint a clerk for the time if the district clerk is absent.\n  3. To adjourn from time to time as occasion may require, except that\nwhere a special district meeting shall have been called by a board of\neducation for the purpose of voting upon an appropriation and the hours\nof voting shall have been fixed by the board as provided in subdivision\nthree of section four hundred sixteen of this chapter, the meeting shall\nnot be adjourned until after the vote shall have been taken and\ncanvassed upon the proposition submitted.\n  4. To elect one or three trustees as provided in section sixteen\nhundred two and a district collector, and in any district which shall so\ndetermine, as hereinafter provided, to elect a treasurer, at their first\nmeeting, and so often as such offices or any of them become vacated,\nexcept as hereinafter provided.\n  5. To adopt by a vote of a majority of such voters present and voting\nat the first meeting, or at any subsequent annual meeting, or at any\nspecial meeting duly called for that purpose, such vote to be\nascertained by taking and recording the ayes and noes, a resolution to\nelect a treasurer of said district. If such resolution shall be adopted,\nsuch voters shall thereupon elect by ballot a treasurer for said\ndistrict. Any person elected treasurer at any meeting other than an\nannual meeting, shall hold office until the next annual meeting after\nsuch election, and until his successor shall be elected or appointed,\nand thereafter a treasurer shall be elected at each annual meeting for\nthe term of one year.\n  6. To fix the amount in which the collector and treasurer shall give\nbonds for the due and faithful performance of the duties of their\noffices.\n  7. To designate a site for a schoolhouse, or for grounds to be used\nfor playgrounds, or for agricultural, athletic center and social center\npurposes, or, with the consent of the district superintendent of schools\nwithin whose district the school district lies, to designate sites for\ntwo or more schoolhouses for the district. Such designation of a site\nfor a schoolhouse, or for such grounds, can be made only at a special\nmeeting of the district, duly called for such purpose by a written\nresolution in which the proposed site shall be described by metes and\nbounds, and which resolution must receive the assent of a majority of\nthe qualified voters present and voting, to be ascertained by taking and\nrecording the ayes and noes, or by ballot.\n  8. To vote a tax upon the taxable property of the district, to\npurchase, lease and improve such sites or an addition to such sites and\ngrounds for the purposes specified in the preceding subdivision, to hire\nor purchase rooms or buildings for school rooms or schoolhouses, or to\nbuild schoolhouses; to keep in repair and furnish the same with\nnecessary fuel, furniture and appurtenances, and to purchase such\nimplements, apparatus and supplies as may be necessary to provide\ninstruction in agriculture and other subjects, and for the organization\nand conduct of athletic, playground and other social center work.\n  9. To designate any former schoolhouse and appurtenances, or any part\nthereof, the title to which is vested in the board, as a public library\nbuilding, and to vote a tax on the taxable property of the district,\npursuant to section two hundred fifty-five of this chapter, to pay the\ncost of necessary alterations and equipment to convert such schoolhouse\nor part thereof to library use.\n  10. To vote a tax, not exceeding twenty-five dollars in any one year,\nfor the purchase of maps, globes, reproductions of standard works of\nart, blackboards and other school apparatus, and for the purchase of\ntext-books and other school necessaries for the use of needy pupils of\nthe district.\n  11. To vote a tax for the establishment of a school library and the\nmaintenance thereof, or for the support of any school library already\nowned by said district, and for the purchase of books therefor, and such\nsum as they may deem necessary for the purchase of a bookcase or\nbookcases.\n  12. To vote a tax to supply a deficiency in any former tax arising\nfrom such tax being, in whole or in part, uncollectible.\n  13. To authorize the trustees to cause the schoolhouses, and their\nfurniture, appurtenances and school apparatus to be insured by any\ninsurance company created by or under the laws of this state, or any\nother insurance company authorized by law to transact business in this\nstate.\n  14. To alter, repeal and modify their proceedings, from time to time,\nas occasion may require.\n  15. To vote a tax for the purchase of a book for the purpose of\nrecording their proceedings.\n  16. To vote a tax to replace moneys of the district, lost or embezzled\nby district officers; and to pay the reasonable expenses incurred by\ndistrict officers in defending suits or appeals brought against them for\ntheir official acts, or in prosecuting suits or appeals by direction of\nthe district against other parties.\n  17. To vote a tax to pay whatever deficiency there may be in teachers'\nsalaries after the public money apportioned to the district shall have\nbeen applied thereto.\n  18. To vote a tax to pay and satisfy of record any judgments of a\ncompetent court which may have been or shall hereafter be obtained in an\naction against the trustees of the district for unpaid teachers'\nsalaries, where the time to appeal from said judgments shall have\nlapsed, or there shall be no intent to appeal on the part of such\ndistrict, or the said judgments are or shall be of the court of last\nresort.\n  19. To provide, by tax or otherwise, for the conveyance of pupils\nresiding in a school district, (a) to the elementary or high schools, or\nboth, maintained in such district and/or (b) to the elementary or high\nschools, or both, in any city or district with which an education\ncontract shall have been made, and/or (c) to the elementary or high\nschools, or both, other than public, situated within the district or an\nadjacent district or city, whenever such district shall have contracted\nwith the school authorities of any city, or with another school\ndistrict, for the education therein of the pupils residing in such\nschool district, or whenever in any school district pupils of school age\nshall reside so remote from the schoolhouse therein or the elementary or\nhigh school they legally attend, within or without the district, that\nthey are practically deprived of school advantages during any portion of\nthe school year.\n  20. To authorize the trustees or board of education, with the consent\nof the commissioner of transportation, to furnish lighting facilities\nand janitorial care for any highway underpass located within their\ndistrct and supervision thereof during the time the same is used by\npupils in arriving at or leaving the school premises, whenever such\nhighway underpass has been constructed by the state and the use thereof\nis essential for the safety of pupils.\n  21. To vote a tax to provide funds which may be utilized to meet\nexpenses during the first one hundred twenty days of the fiscal year\nfollowing the fiscal year in which such tax is collected.\n
N.Y. EDN Law § 2019-A — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2019-A
Voting by persons whose names are not in the registration poll ledgers
Status: in_force

§ 2019-a. Voting by persons whose names are not in the registration\npoll ledgers. 1. Whenever a voter presents himself and offers to cast a\nballot at any school district meeting or election, and the address at\nwhich he claims to live is in the election district in which he seeks to\nvote but his name cannot be found on the list of registered voters or in\nthe registration poll ledger, he shall be permitted to vote only as\nhereinafter provided:\n  a. He may present a court order requiring that he be permitted to\nvote.  He shall be required to sign his full name on top of the first\npage of such order, together with his registration serial number, if\nany. The voter shall then be permitted to vote in the manner otherwise\nprescribed for voters whose names are found on the registration lists,\nwhose registration poll records are found in the ledger; or\n  b. He may request, swear to and subscribe an affidavit stating that he\nhas duly registered to vote, the address in such election district from\nwhich he registered, that he remains a duly qualified voter in such\nelection district and that his registration poll record appears to be\nlost or misplaced, or that his name has been incorrectly omitted from\nthe list of registered voters. Such affidavit shall be printed on an\nenvelope and shall contain an acknowledgement that the affiant\nunderstands that any false statement made therein is perjury punishable\naccording to law. The voter shall then be permitted to vote a paper\nballot. Such ballot shall thereupon be placed in the envelope containing\nhis affidavit, and the envelope sealed and returned to the board of\neducation with other records of the meeting or election.\n  2. a. Before certifying the result of any school district meeting or\nelection at which voters are required to sign their registration poll\nrecords or the list of registered voters before voting, the board of\neducation shall proceed in the manner hereinafter prescribed to cast and\ncanvass any ballots voted by voters whose registration poll records were\nmissing or whose names did not appear on the list of registered voters\non the day of such meeting or election. Each such ballot shall be\nretained in the original envelope containing the voter's affidavit and\nsignature, in which it is delivered to the board of education until such\ntime as it is to be cast and canvassed.\n  b. The board of education shall designate itself or such of its\nemployees as it shall deem appropriate as a set of poll clerks to cast\nand canvass such ballots, and fix a time and place for their meeting for\nsuch purposes, provided that such meeting shall be no more than ten days\nafter any election at which such ballots are voted. The board may\ndesignate additional sets of poll clerks and if it designates more than\none such set, shall apportion among all such sets the election districts\nfrom which such ballots have been received, provided that all such\nballots from a single election district shall be assigned to a single\nset of clerks. Each such set of clerks shall be deemed a central board\nof inspectors for purposes of this section.\n  c. At least five days prior to the time fixed for such meeting, the\nboard shall send notice by first class mail to each candidate entitled\nto have had watchers or challengers present at the polls in any election\ndistrict from which any such ballot has been received, or, if such\nnotice is sent prior to the day of the election, to each such candidate\nso entitled for each election district in the board's jurisdiction. Such\nnotice shall state the time and place fixed by the board for such\ncanvass.\n  d. Each such candidate shall be entitled to appoint such number of\nwatchers or challengers to attend upon each central board of inspectors\nas such candidate was entitled to appoint at such election in any one\nelection district for which such central board of inspectors is\ndesignated to act.\n  3. Upon assembling at the time and place fixed for such meeting, each\ncentral board of inspectors shall consider each affidavit envelope and\nballot from the election districts assigned to it.\n  a. First, the central board of inspectors shall reject any ballot not\nfound sealed in the envelope in which it was placed at the polling\nplace, second the ballot of any voter for whom there is no registration\npoll record or central registration record in the office of the board of\nelections.\n  b. The central board of inspectors shall then proceed to consider,\ncast, and canvass the remaining envelopes and the ballots therein\ncontained as nearly as practicable in the manner provided by this\nchapter for a board of inspectors to consider, cast, and canvass paper\nballots at school district meetings or elections.\n  c. Any person lawfully present may object to the refusal to cast or\ncanvass any ballot on the grounds that the voter is a properly qualified\nvoter of the election district, or to the casting or canvassing of any\nballot on the grounds that the voter is not a properly qualified voter\nof the election district, or otherwise not entitled to cast such ballot.\nWhen any such objection is made, the board of education shall forthwith\nproceed to determine such objection and reject or cast such ballot\naccording to such determination.\n  d. Upon completing the casting and canvassing of ballots as\nhereinabove provided for any election district, the central board of\ninspectors shall thereupon, as nearly as practicable in the manner\nprovided in this section, verify the number of ballots so cast, tally\nthe votes so cast, add such tally to the previous tally of all votes\ncast in such election district, and announce the result.\n  4. Whenever the ballot of any person, voted in an affidavit envelope\nin the manner prescribed by this section, is rejected under the\nprovisions of this section on the grounds that such person is not a\nqualified voter of the election district wherein he sought to vote, the\nboard of education shall immediately notify such person by first class\nmail directed to the address given in his affidavit, of the rejection of\nhis ballot, together with the reason therefor and the appropriate\ninformation on the times and places where he may register or reregister.\nWhere appropriate, a form of application for personal registration by\nmail pursuant to the election law shall be included with such notice.\n
N.Y. GMU Law § 892-F — New York Code / Act GMU / Article 18-A / Title 2 / Section 892-F
Ontario county industrial development agency
Status: in_force

* § 892-f. Ontario county industrial development agency. For the\nbenefit of the county of Ontario and the inhabitants thereof, an\nindustrial development agency, to be known as the ONTARIO COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the county of Ontario. The agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 489-DDD — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-DDD
Real property tax exemption
Status: in_force

§ 489-ddd. Real property tax exemption. 1. A real property tax\nexemption pursuant to this title shall be granted to an applicant who,\nwithin a period of thirty-six months, or following an extension pursuant\nto section four hundred eighty-nine-hhh of this title within a period of\nforty-eight months, from the date of issuance of a certificate of\neligibility has completed reconstruction or construction work in\naccordance with the plans approved by the board in the certificate of\neligibility. The amount of the tax exemption shall be determined as\nfollows:\n  (a) In the case of an applicant who has completed industrial\nconstruction or reconstruction work, or commercial reconstruction work\ndesignated as of right pursuant to section four hundred eighty-nine-ccc\nof this title or as specially needed pursuant to section four hundred\neighty-nine-eee of this title, the tax exemption shall continue for\nnineteen tax years in an amount decreasing by five per centum each year\nfrom an exemption of ninety-five per centum of the exemption base, as\ndefined in paragraph (d) of this subdivision.\n  (b) In the case of an applicant who has completed other commercial\nreconstruction work, or new commercial construction work designated as\nof right pursuant to section four hundred eighty-nine-ccc of this title\nor as specially needed pursuant to section four hundred eighty-nine-eee\nof this title, the tax exemption shall continue for ten tax years, in an\namount decreasing by five per centum each year from an exemption of\nfifty per centum of the exemption base.\n  (c) In the case of an applicant who has completed other new commercial\nconstruction work, the exemption shall continue for five tax years in an\namount decreasing by ten per centum each year from an exemption of fifty\nper centum of the exemption base.\n  (d) The term "exemption base" shall mean the difference between the\nfinal assessed value of the property as determined upon completion of\nthe construction or reconstruction work and the lesser of (i) the\nassessed value of the property at the time an application for a\ncertificate of eligibility pursuant to this title is made, or (ii) the\nassessed value as may thereafter be reduced pursuant to application to\nthe tax commission.\n  The tax exemption shall be computed according to the following tables:\n              CONSTRUCTION OR RECONSTRUCTION OF INDUSTRIAL\n             STRUCTURES OR RECONSTRUCTION OF AS OF RIGHT OR\n                 SPECIALLY NEEDED COMMERCIAL STRUCTURES\n       Year following                             Percentage of\n       completion of work                           exemption\n               1.                                      95\n               2.                                      90\n               3.                                      85\n               4.                                      80\n               5.                                      75\n               6.                                      70\n               7.                                      65\n               8.                                      60\n               9.                                      55\n              10.                                      50\n              11.                                      45\n              12.                                      40\n              13.                                      35\n              14.                                      30\n              15.                                      25\n              16.                                      20\n              17.                                      15\n              18.                                      10\n              19.                                       5\n              RECONSTRUCTION OF OTHER COMMERCIAL STRUCTURES\n               OR CONSTRUCTION OF AS OF RIGHT OR SPECIALLY\n                      NEEDED COMMERCIAL STRUCTURES\n       Year following                             Percentage of\n       completion of work                           exemption\n               1.                                      50\n               2.                                      45\n               3.                                      40\n               4.                                      35\n               5.                                      30\n               6.                                      25\n               7.                                      20\n               8.                                      15\n               9.                                      10\n              10.                                       5\n             CONSTRUCTION OF OTHER NEW COMMERCIAL STRUCTURES\n       Year following                             Percentage of\n       completion of work                           exemption\n               1.                                      50\n               2.                                      40\n               3.                                      30\n               4.                                      20\n               5.                                      10\n  2. The taxes payable during the period from the issuance of a\ncertificate of eligibility to the approval of the tax exemption pursuant\nto section four hundred eighty-nine-fff of this title shall be paid on\nthe lesser of:\n  (a) the assessed value of the property at the time an application for\na certificate of eligibility pursuant to this title is made, or (b) the\nassessed value as may thereafter be reduced pursuant to application to\nthe tax commission, provided, however, that if reconstruction or\nconstruction is not completed in accordance with the plans approved in\nthe certificate of eligibility including any amendments thereto, taxes\nshall be due and payable retroactively as otherwise required by law.\n  3. In all cases where the board shall have issued a certificate of\neligibility prior to January first, nineteen hundred eighty-two, the\nexemption percentage shall apply to any subsequent increase in the\nassessed valuation of the property during the tenure of the exemption.\nWhere the board has issued a certificate of eligibility on or after\nJanuary first, nineteen hundred eighty-two, the exemption percentage\nshall apply to any subsequent increase in the assessed valuation of the\nproperty during the first two years after approval of the tax exemption\npursuant to section four hundred eighty-nine-fff of this title.\nCommencing two years after approval of the tax exemption pursuant to\nsection four hundred eighty-nine-fff of this title, the exemption\npercentage shall apply to any subsequent increase in assessed valuation\nof the property only to the extent such increase is attributable to the\nconstruction or reconstruction work approved in the certificate of\neligibility.\n  4. The provisions of this title shall not apply to any increase in\nassessed value resulting from the construction or reconstruction of a\nresidential structure on any property receiving an exemption under the\nprovisions of this title. The provisions of this title shall apply\nexclusively to those structures and the lands underlying them which were\nidentified explicitly in the certificate of eligibility.\n  5. The provisions of this title shall not apply if any new or\nrehabilitated construction displaces or replaces a building or buildings\ncontaining more than twenty-five occupied dwelling units in existence on\nthe date an application for certificate of eligibility is submitted for\npreliminary approval pursuant to section four hundred eighty-nine-eee of\nthis title, which are administered under the local emergency housing\nrent control act, the rent stabilization law of nineteen hundred\nsixty-nine or the emergency tenant protection act of nineteen\nseventy-four, unless a certificate of eviction has been issued for any\nof the displaced or replaced units pursuant to the powers granted by the\ncity rent and rehabilitation law.\n  6. The provisions of this title shall not apply to an applicant who\nhas commenced construction or reconstruction work prior to the granting\nof a certificate of eligibility except where applicant, having filed an\napplication for a certificate of eligibility receives written permission\nto commence from the board or its designated representative prior to the\ngranting of a certificate of eligibility. Demolition of existing\nstructures, site preparation limited to grading, filling or clearing, or\nthe curing of a safety or sanitary hazard shall not be deemed to be\ncommencement of construction or reconstruction work.\n  7. Any property enjoying the benefits of a tax exemption approved by\nthe board shall be ineligible for any subsequent or additional tax\nexemption pursuant to the provisions of this title until the expiration\nof the original exemption period or earlier termination of the existing\nexemption by action of the tax commission.\n
N.Y. PML Law § 1321-D — New York Code / Act PML / Article 13 / Title 2-A / Section 1321-D
License applicant eligibility
Status: in_force

§ 1321-d. License applicant eligibility. 1. Gaming facility licenses\nshall only be issued to applicants who are qualified under the criteria\nset forth in this article, as determined by the commission.\n  2. Prior to official review by the board, each potential license\napplicant must:\n  (a) demonstrate to the board's satisfaction that the applicant has\nacquired public support and presented evidence of compliance and\napproval with all required state and local zoning requirements as\nrequired under subdivision three of this section and section thirteen\nhundred twenty-one-k of this title; and\n  (b) waive all rights they or any affiliated entity possess under\nsection thirteen hundred eleven of this article to bring an action to\nrecover a fee.\n  (c) pursuant to section thirteen hundred twenty-one-f of this title,\nan applicant shall pay to the commission an application fee of one\nmillion dollars to defray the costs associated with the processing of\nthe application, commission expenses related to the community advisory\ncommittee, and investigation of the applicant; provided, however, that\nif the costs exceed the initial application fee, the applicant shall pay\nthe additional amount to the commission within thirty days after\nnotification of insufficient fees or the application shall be rejected\nand further provided that should the costs not exceed the fee remitted,\nany unexpended portion shall be returned to the applicant;\n  3. (a) For each applicant who proposes a gaming facility located in\nregion two of zone one, there shall be established a community advisory\ncommittee. Each committee shall consist of six members, one to be\nappointed by the governor, one to be appointed by the senator\nrepresenting the senate district where the proposed facility is to be\nlocated, one to be appointed by the assemblymember representing the\nassembly district where the proposed facility is to be located, one to\nbe appointed by the borough president where the facility is proposed to\nbe located, one to be appointed by the city councilmember representing\nthe district where the facility is proposed to be located, and one to be\nappointed by the New York city mayor.\n  (b) For each applicant who proposes a gaming facility located in\nregions one or three of zone one, or regions one, two or five of zone\ntwo there shall be established a community advisory committee. Each\ncommittee shall consist of five members, one to be appointed by the\ngovernor, one to be appointed by the senator representing the senate\ndistrict where the proposed facility is to be located, one to be\nappointed by the assemblymember representing the assembly district where\nthe proposed facility is to be located, one to be appointed by the\ncounty executive of the county where the facility is proposed to be\nlocated, and one to be appointed as follows:\n  (i) If the proposed facility is to be located in a city, one to be\nappointed by the mayor of such city;\n  (ii) If the proposed facility is to be located in a town, one to be\nappointed by the town supervisor of such town; or\n  (iii) If the proposed facility is to be located in a village, one\nrepresentative to be appointed jointly by the village mayor and the town\nsupervisor.\n  (c) The activities of the community advisory committees constituted\npursuant to this subdivision shall be subject to the open meetings\nprovisions contained in article seven of the public officers law.\n  (d) The commission may hire a consultant to serve as a community\nconsultant to assist and manage the community advisory committee\nprocess. The commission or community consultant shall provide\nadministrative support and technical assistance for the establishment\nand activities of committees constituted pursuant to this subdivision.\n  (e) Prior to a determination on any application by the board, the\nfollowing community advisory committee process shall apply:\n  (i) Upon the majority of members of the board being appointed, a\ncommunity consultant may be hired by the commission to manage the\nprocess and any other activities as determined by the commission;\n  (ii) the commission shall issue a request for applications no later\nthan ninety days following the majority of members of the board being\nappointed;\n  (iii) interested entities may submit an application to the board who\nshall provide such application to the community consultant;\n  (iv) the community consultant shall notify the commission of all\napplications and notify the appropriate appointing authorities of their\nresponsibility to submit appointments for each required community\nadvisory committee established pursuant to this section;\n  (v) the community consultant shall ensure the formation of each\ncommittee, as necessary;\n  (vi) upon notification, the appointing authority shall appoint their\nrespective appointees;\n  (vii) upon a committee's first meeting the respective appointees shall\nelect by majority vote a committee chair;\n  (viii) the community consultant shall assign applications to each\nappropriate committee;\n  (ix) each committee shall review, solicit public comments and written\nsubmissions of such comments, and hold public hearings;\n  (x) upon a two-thirds vote, each committee shall issue a finding\neither establishing public support approving or disapproving the\napplication.\n  (f) Following a two-thirds vote by the applicable community advisory\ncommittee, the following shall apply:\n  (i) Upon notification of a finding of support in approval of an\napplication following a two-thirds vote by the appropriate committee,\nthe community consultant shall notify the applicant, board, and\ncommission;\n  (ii) following such notification, the applicant must comply and\nreceive approval under the applicable state and local zoning\nrequirements;\n  (iii) the board shall not issue a decision on the application until\nthe applicant presents evidence of compliance and approval with all\nnecessary state and local zoning requirements.\n  4. The expiration of the seven year restricted period from the date\nthat an initial gaming facility license was awarded is February\ntwenty-eighth, two thousand twenty-three for the three initial casino\nlicenses and November twenty-second, two thousand twenty-three for the\nfinal casino license awarded. Should an applicant or applicants commence\ngaming activities prior to such dates, such applicant or applicants\nshall be jointly and severally liable for payment of the proportionate\nfee for the respective period remaining as required by section thirteen\nhundred eleven of this article.\n
N.Y. ELN Law § 3-222 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-222
Preservation of ballots and records of voting machines
Status: in_force

§ 3-222. Preservation of ballots and records of voting machines.  1.\nExcept as hereinafter provided, removable memory cards or other similar\nelectronic media shall remain sealed against reuse until such time as\nthe information stored on such media has been preserved in a manner\nconsistent with procedures developed and distributed by the state board\nof elections. Provided, however, that the information stored on such\nelectronic media and all the data and figures therein may be examined\nupon the order of any court or judge of competent jurisdiction or may be\nexamined at the direction of a committee of the senate or assembly to\ninvestigate and report upon contested elections of members of the\nlegislature voted for by the use of voting machines utilizing such\nelectronic media and such data and such figures examined by such\ncommittee in the presence of the officer having the custody of voting\nmachines and electronic media.\n  2. Voted ballots shall be preserved for two years after such election\nand the packages thereof may be opened and the contents examined only\nupon order of a court or judge of competent jurisdiction, or by\ndirection of such committee of the senate and assembly if the ballots\nrelate to the election under investigation by such committee, and at the\nexpiration of such time, such ballots may be disposed of at the\ndiscretion of the officer or board having charge of them.\n  3. Except as hereinafter provided, packages of protested, void and\nwholly blank ballots, open packages of unused ballots and all early\nmail, absentee and military, special federal, special presidential and\nemergency ballots and ballot envelopes, if any, opened or unopened,\nshall be preserved for two years after the election. Sealed packages of\nunused ballots shall be retained for four months, and may then be\ndestroyed, provided a certificate articulating the election district\nidentifying data and numbers of such ballots is filed with the balance\nof ballots described in this section, for the balance of the two year\nretention period. Except as hereinafter provided, boxes containing voted\npaper ballots, if any shall be preserved inviolate for four months after\nthe election, or until one month before the next election occurring\nwithin five months after a preceding election if such boxes are needed\nfor use at such next election and if the officer or board in charge of\nsuch voted paper ballots is required by law to furnish ballot boxes\ntherefor. Provided, however, that such ballot boxes and such packages\nmay be opened, and their contents and the early mail, absentee and\nmilitary, special federal, special presidential and emergency ballots\nand ballot envelopes may be examined, upon the order of any court or\njustice of competent jurisdiction. Boxes and envelopes containing early\nmail, absentee, military and emergency ballots voted at a general or\nspecial election, for the office of member of the senate or assembly,\npackages of void, protested and wholly blank ballots, unopened early\nmail, absentee and military ballot envelopes and the packages of unused\nballots, in connection with such election, also may be opened, and their\ncontents and such envelopes also may be examined, by direction of a\ncommittee of the senate or assembly to investigate and report on\ncontested elections of members of the legislature. Unless otherwise\nordered or directed by such a court, justice or committee, such boxes\nshall be opened and their contents and such packages and the envelopes\ncontaining voted ballots and ballot envelopes shall be destroyed, at the\nexpiration of the period during which they are required by the\nprovisions of this section to be preserved, except that instead of being\ndestroyed, they may be sold and the proceeds paid over in the manner\nprovided with respect to the sale of books, records and papers\npertaining to an election.\n  4. All records and documents pertaining to ballot label programming\nand ballot label programming data for any election for any voting\nmachine of a type approved after September first, nineteen hundred\neighty-six and all records pertaining to the periodic maintenance\ntesting of any such programming and programming data or the testing of\nany such machine in connection with any such election shall be preserved\nfor two years after such election.\n
N.Y. RSS Law § 17-C — New York Code / Act RSS / Article 2 / Title 2 / Section 17-C
Amortization of a portion of the bills for participating employers for the two thousand five--two thousand six fiscal year
Status: in_force

§ 17-c. Amortization of a portion of the bills for participating\nemployers for the two thousand five--two thousand six fiscal year. a. If\nthe comptroller, in his or her discretion, decides to permit\namortization of employer contributions pursuant to this section, then,\non or about October fifteenth, two thousand four, on the basis of the\nannual actuarial valuation provided for in this chapter, the comptroller\nshall determine the amount (exclusive of payments for group term life\ninsurance, deficiency payments, adjustments relating to prior fiscal\nyears' obligations and obligations pertaining to retirement incentives\nor any other obligations that a participating employer is permitted to\npay on an amortized basis) of the annual contribution for a\nparticipating employer pursuant to section twenty-three-a of this\narticle due for the fiscal year ending March thirty-first, two thousand\nsix. The amount by which such contribution exceeds nine and one-half\npercent of the estimated pensionable salary base for the fiscal year\nending March thirty-first, two thousand six shall be the "amount\neligible for amortization". An amount up to the "amount eligible for\namortization" may be amortized over a ten-year period at eight percent\ninterest per annum, with the first of ten equal payments payable on\nFebruary first, two thousand seven, provided, however, that on or before\nSeptember first, two thousand five, the comptroller, in his or her\ndiscretion, may establish a fixed rate of interest per annum to be\napplied to the amounts eligible for amortization of all employers, which\nmore closely approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers.\n  b. A participating employer, may, in lieu of paying its entire\nFebruary first, two thousand six bill, pay a lesser amount on February\nfirst, two thousand six which shall be determined by the comptroller by\nadding the following two amounts together:\n  (1) the entire February first, two thousand six bill, calculated\npursuant to section twenty-three-a of this article (without reference to\nthis section) less the "amount eligible for amortization" determined\npursuant to subdivision a of this section; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section\nseventeen-b of this article, if applicable.\n  c. A participating employer making a payment pursuant to subdivision b\nof this section shall pay on February first, two thousand seven an\namount determined by the comptroller by adding the following three\namounts together:\n  (1) the entire February first, two thousand seven bill, calculated\npursuant to section twenty-three-a of this article (without reference to\nthis section), less the "amount eligible for amortization" determined\npursuant to section seventeen-d of this article, if applicable;\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of this section; and\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section\nseventeen-b of this article, if applicable.\n  d. Amortized payments determined pursuant to section seventeen-b and\npursuant to this section shall be due and payable on February first of\neach year during the applicable amortization period. The comptroller\nshall have the authority to permit the pre-payment of the remaining\nbalance of the "amount eligible for amortization" determined pursuant to\nboth such sections subject to the following:\n  (1) on or before November fifteenth, two thousand six in addition to\nthe amount due for the current year billing and for the payment of the\namortized annual installment determined pursuant to section seventeen-b\nand pursuant to this section, the comptroller shall advise the\nparticipating employer of the total amount due and be authorized to\naccept pre-payment in full of said amount by February first, two\nthousand seven.\n  (2) on or before each November fifteenth thereafter, in addition to\nthe amount due for the current year billing and for the payment of the\nannual amortized installments, the comptroller shall advise the\nparticipating employer of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nby February first of the succeeding year.\n
N.Y. PBA Law § 1048-N — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-N
Transfer of officers and employees to and from city and state agencies
Status: in_force

§ 1048-n. Transfer of officers and employees to and from city and\nstate agencies. Officers and employees of city and state agencies may be\ntransferred to the authority and officers and employees of the authority\nmay be transferred to appropriate city and state agencies without\nexamination and without loss of any civil service or retirement status\nor rights. Transfers shall be in accordance with section seventy of the\ncivil service law or the rules of the civil service commission of the\ncity, as the case may be. No such transfer shall be made except with the\napproval of the head of the agency involved or the director of the state\ndivision of the budget or the director of the budget of the city, as the\ncase may be, and the chairman of the authority and in compliance with\nthe rules and regulations of the civil service commission of the city or\nthe state, as the case may be.\n
N.Y. PBH Law § 1529 — New York Code / Act PBH / Article 15 / Title 2 / Section 1529
County mosquito control commission; construction of law
Status: in_force

§ 1529. County mosquito control commission; construction of law.\nNothing in this article shall be construed to alter, amend, modify or\nrepeal any of the provisions of article thirteen of this chapter, or any\nof the provisions of the conservation law except to the extent that the\nprovisions of this article are inconsistent therewith.\n
N.Y. PBA Law § 828 — New York Code / Act PBA / Article 4 / Title 2 / Section 828
Powers of the board
Status: in_force

§ 828. Powers of the board. The board of directors may name a manager\nand such other officers and employees as may be needed, and fix their\ncompensation; may determine the location, type, size, construction and\nequipment of requisite regional marketing facilities within the\ndistrict; may prepare a plan for financing the acquisition,\nconstruction, equipment and operation of such facilities; and may\nexercise generally the powers of the authority to the end that there may\nbe constructed, equipped and operated adequate regional marketing\nfacilities within the district for the buying and selling of farm\nproduce and any and all other businesses which reasonably tend to serve\nthe public in connection with that business or make it more convenient,\nefficient, profitable or successful. In the exercise of those powers,\neither directly or through its officers and employees the board may do\nthe following things, among others, and the following list of powers\nshall not be deemed complete or exclusive, or to deny the existence of\nother powers, whether similar or different, so long as they are\nreasonably necessary for accomplishing the purposes declared and\nindicated in this title.\n  (a) Make such investigations and hold such hearings and conferences as\nmay be necessary to formulate, adopt and revise a financial, building\nand operation program for a regional market within the district.\n  (b) Acquire, lease, erect, construct, equip, maintain and operate\nmarket facilities within the district, and for such purposes to acquire\nreal property within the district, by agreement or by condemnation,\nincluding options and leases thereon as well as all other forms of\nacquisition, and to improve and equip the same, and to mortgage, sell,\nrent, exchange or dispose of any property, real or personal, or\ninterests therein or licenses affecting the same, as may seem advisable,\nincluding the leasing or sale of real property, heretofore acquired and\nnow held and not required for market facilities, for agriculture\nbusiness, commercial or industrial uses.\n  (c) Execute contracts, bonds, certificates of indebtedness and other\nobligations, and sell or dispose of the same in such amounts and at such\nrates of interest as may be advisable. This shall include the power to\ndispose of its bonds or other obligations to, and to borrow money from,\nthe United States of America or any agency or instrumentality thereof,\nor any corporation owned or controlled by the United States of America\nor the state of New York.\n  (d) Employ such manager or managers, and such clerical, engineering,\nlegal or other professional assistance, services and labor as may be\ndeemed necessary for accomplishing the purposes of this title, fix their\ncompensation, and at pleasure discharge any of them.\n  (e) Fix, impose and collect rentals and license fees relative to all\nbusiness which may be done upon the market or in any way involving the\nuse of its facilities; make rules and regulations which shall govern all\nsuch business and all persons and vehicles coming upon the market;\nprovide and enforce penalties and liquidated damages relative to\nbreaches of such rules and regulations and any contracts entered into.\n
N.Y. EDN Law § 2801-A — New York Code / Act EDN / Title 2 / Article 55 / Section 2801-A
School safety plans
Status: in_force

§ 2801-a. School safety plans. 1. The board of education or trustees,\nas defined in section two of this chapter, of every school district\nwithin the state, however created, and every board of cooperative\neducational services and county vocational education and extension board\nand the chancellor of the city school district of the city of New York\nshall adopt and amend a comprehensive district-wide school safety plan\nand building-level emergency response plans regarding crisis\nintervention, emergency response and management, provided that in the\ncity school district of the city of New York, such plans shall be\nadopted by the chancellor of the city school district. Such plans shall\nbe developed by a district-wide school safety team and a building-level\nemergency response team established pursuant to subdivision four of this\nsection and shall be in a form developed by the commissioner in\nconsultation with the division of criminal justice services, the\nsuperintendent of the state police and any other appropriate state\nagencies. The commissioner, in consultation with the superintendent of\nthe state police, is authorized to develop an appeals process from\nduplicative requirements of a district-wide school safety plan for\nschool districts having only one school building.\n  2. Such comprehensive district-wide safety plan shall be developed by\nthe district-wide school safety team and shall include at a minimum:\n  a. policies and procedures for responding to implied or direct threats\nof violence by students, teachers, other school personnel including bus\ndrivers and monitors, as well as visitors to the school, including\nthreats by students against themselves, which for the purposes of this\nsection shall include suicide;\n  b. policies and procedures for responding to acts of violence by\nstudents, teachers, other school personnel including bus drivers and\nmonitors, as well as visitors to the school, including consideration of\nzero-tolerance policies for school violence;\n  c. appropriate prevention and intervention strategies such as:\n  (i) collaborative arrangements with state and local law enforcement\nofficials, designed to ensure that school safety officers and other\nsecurity personnel are adequately trained, including being trained to\nde-escalate potentially violent situations, and are effectively and\nfairly recruited;\n  (ii) non-violent conflict resolution training programs;\n  (iii) peer mediation programs and youth courts; and\n  (iv) extended day and other school safety programs;\n  d. policies and procedures for contacting appropriate law enforcement\nofficials in the event of a violent incident;\n  e. policies and procedures for contacting parents, guardians or\npersons in parental relation to the students of the district in the\nevent of a violent incident and policies and procedures for contacting\nparents, guardians or persons in parental relation to an individual\nstudent of the district in the event of an implied or direct threat of\nviolence by such student against themselves, which for purposes of this\nsection shall include suicide;\n  f. policies and procedures relating to school building security,\nincluding where appropriate the use of school safety officers and/or\nsecurity devices or procedures. District-wide school safety teams shall\nconsider, as part of its reviews of the comprehensive district-wide\nsafety plan, the installation of a panic alarm system. For purposes of\nthis paragraph, "panic alarm system" shall mean a silent security system\nsignal generated by the manual activation of a device intended to signal\na life-threatening or emergency situation requiring a response from\nlocal law enforcement or, in the case of a school building located in a\nmunicipality in which there is no municipal police department, a\nlocation designated by the superintendent of state police and may\ninclude one or more of the following: wired panic button or buttons,\nwireless panic button or buttons or a mobile or computer application;\n  g. policies and procedures for the dissemination of informative\nmaterials regarding the early detection of potentially violent\nbehaviors, including but not limited to the identification of family,\ncommunity and environmental factors, to teachers, administrators, school\npersonnel including bus drivers and monitors, persons in parental\nrelation to students of the district, students and other persons deemed\nappropriate to receive such information;\n  h. policies and procedures for annual school safety training for staff\nand students; provided that the district must certify to the\ncommissioner that all staff have undergone annual training on the\nemergency response plan, and that the school safety training include\ncomponents on violence prevention, mental health and sudden cardiac\narrest, such training may be implemented and conducted in conjunction\nwith existing professional development and training; provided however\nthat new employees hired after the start of the school year shall\nreceive training within thirty days of such hire or as part of a\ndistrict's existing new hire training program, whichever is sooner;\n  i. protocols for responding to bomb threats, hostage-takings,\nintrusions and kidnappings;\n  j. strategies for improving communication among students and between\nstudents and staff and reporting of potentially violent incidents, such\nas the establishment of youth-run programs, peer mediation, conflict\nresolution, creating a forum or designating a mentor for students\nconcerned with bullying or violence and establishing anonymous reporting\nmechanisms for school violence;\n  k. a description of the duties of hall monitors and any other school\nsafety personnel, the training required of all personnel acting in a\nschool security capacity, and the hiring and screening process for all\npersonnel acting in a school security capacity;\n  l. the designation of the superintendent, or superintendent's\ndesignee, as the district chief emergency officer responsible for\ncoordinating communication between school staff and law enforcement and\nfirst responders, and ensuring staff understanding of the district-level\nsafety plan. The chief emergency officer shall also be responsible for\nensuring the completion and yearly updating of building-level emergency\nresponse plans;\n  m. protocols for responding to a declared state disaster emergency\ninvolving a communicable disease that are substantially consistent with\nthe provisions of section twenty-seven-c of the labor law; and\n  n. policies and procedures relating to sudden cardiac arrest. The\ndistrict-wide school safety team shall develop and implement a cardiac\nemergency response plan that addresses the use of appropriate personnel\nto respond to incidents involving any individual experiencing sudden\ncardiac arrest or similar life-threatening emergency on any school site\nowned or operated by a school or at a location of a school sponsored\nevent, including but not limited to all athletic programs. Such plan\nshall be a written document and shall include specific procedures for\nincidents involving an individual experiencing sudden cardiac arrest or\na similar life-threatening emergency while attending or participating in\nan athletic practice or event while on school grounds that are venue\nspecific. Each plan shall integrate nationally recognized,\nevidence-based core elements, such as those recommended by the American\nHeart Association. School officials shall consider how to best integrate\ntheir cardiac emergency response plan into community EMS responder\nprotocols. The district-wide school safety team may provide first aid,\nCPR, and AED training for relevant staff, including members of\nbuilding-level emergency response teams provided for in subdivision four\nof this section, provided that such training shall be voluntary.\n  3. A building level emergency response plan, developed by the\nbuilding-level emergency response team defined in subdivision four of\nthis section, shall be kept confidential, including but not limited to\nthe floor plans, blueprints, schematics or other maps of the school\ninterior, school grounds and road maps of the immediate surrounding\narea, and shall not be disclosed except to authorized department or\nschool staff, and law enforcement officers, and shall include the\nfollowing elements:\n  a. policies and procedures for response to emergency situations, such\nas those requiring evacuation, sheltering, lock-down, and sudden cardiac\narrest. These policies shall include, at a minimum, evacuation routes,\nshelter sites, and procedures for addressing medical needs,\ntransportation and emergency notification of parents and guardians;\n  b. designation of an emergency response team comprised of school\npersonnel, law enforcement officials, fire officials and representatives\nfrom local regional and/or state emergency response agencies, other\nappropriate incident response teams, and a post-incident response team\nthat includes appropriate school personnel, medical personnel, mental\nhealth counselors and others who can assist the school community in\ncoping with the aftermath of a violent incident;\n  c. floor plans, blueprints, schematics or other maps of the school\ninterior, school grounds and road maps of the immediate surrounding\narea;\n  d. establishment of internal and external communication systems in\nemergencies which may include the installation of a panic alarm system;\n  e. definition of the chain of command in a manner consistent with the\nnational interagency incident management system/incident command system;\n  f. coordination of the emergency response plan with the state-wide\nplan for disaster mental health services to assure that the school has\naccess to federal, state and local mental health resources in the event\nof a violent incident;\n  g. procedures for review and the conduct of drills and other exercises\nto test components of the emergency response plan; and\n  h. policies and procedures for securing and restricting access to the\ncrime scene in order to preserve evidence in cases of violent crimes on\nschool property.\n  4. Each district-wide school safety team shall be appointed by the\nboard of education, or the chancellor in the case of the city school\ndistrict of the city of New York, and shall include but not be limited\nto representatives of the school board, teacher, administrator, and\nparent organizations, school safety personnel, and other school\npersonnel including bus drivers and monitors. At the discretion of the\nboard of education, or the chancellor in the case of the city of New\nYork, a student may be allowed to participate on the safety team,\nprovided however, that no portion of a confidential building-level\nemergency response plan shall be shared with such student nor shall such\nstudent be present where details of a confidential building-level\nemergency response plan or confidential portions of a district-wide\nemergency response strategy are discussed. Each building-level emergency\nresponse team shall be appointed by the building principal, in\naccordance with regulations or guidelines prescribed by the board of\neducation, chancellor or other governing body. Such building-level teams\nshall include but not be limited to representatives of teacher,\nadministrator, and parent organizations, school safety personnel and\nother school personnel including bus drivers and monitors, community\nmembers, law enforcement officials, fire officials or other emergency\nresponse agencies, and any other representatives the board of education,\nchancellor or other governing body deems appropriate.\n  5. The district-wide safety plan and building-level emergency response\nplans shall be reviewed by the appropriate team on at least an annual\nbasis and updated as needed.\n  6. Each board of education, chancellor or other governing body shall\nmake each district-wide safety plan available for public comment at\nleast thirty days prior to its adoption. Such district-wide plans may be\nadopted by the school board only after at least one public hearing that\nprovides for the participation of school personnel, parents, students\nand any other interested parties. Each district shall file a copy of its\ndistrict-wide safety plan with the commissioner and all amendments to\nsuch plan shall be filed with the commissioner no later than thirty days\nafter their adoption.\n  7. Each board of education, chancellor or other governing body or\nofficer shall ensure a copy of each building-level emergency response\nplan and any amendments thereto, shall be filed with the appropriate\nlocal law enforcement agency and with the state police within thirty\ndays of its adoption. Building-level emergency response plans shall be\nconfidential and shall not be subject to disclosure under article six of\nthe public officers law or any other provision of law. If the board of\neducation, chancellor or other governing body or chancellor fails to\nfile such plan as required by this section, the commissioner may, in an\namount determined by the commissioner, withhold public money from the\ndistrict until the district is in compliance.\n  8. The commissioner shall annually report to the governor and the\nlegislature on the implementation and compliance with the provisions of\nthis section.\n  9. Whenever it shall have been demonstrated to the satisfaction of the\ncommissioner that a school district has failed to adopt a code of\nconduct which fully satisfies the requirements of section twenty-eight\nhundred one of this article, or a district-wide safety plan or\nbuilding-level emergency response plans which satisfies the requirements\nof this section, or to faithfully and completely implement all three,\nthe commissioner may, on thirty days notice to the district, withhold\nfrom the district monies to be paid to such district for the current\nschool year pursuant to section thirty-six hundred nine-a of this\nchapter, exclusive of monies to be paid in respect of obligations to the\nretirement systems for school and district staff and pursuant to\ncollective bargaining agreements, or the commissioner may direct the\ndistrict to expend up to such amount upon the development and\nimplementation of a code of conduct and a school district safety plan as\nrequired by such sections. Prior to such withholding or redirection, the\ncommissioner shall provide the district an opportunity to present\nevidence of extenuating circumstances; when combined with evidence that\nthe district shall promptly comply within short time frames that shall\nbe established by the commissioner as part of an agreement between the\ndistrict and the commissioner, the commissioner may temporarily stay the\nwithholding or redirection of funds pending implementation of such\nagreement. If the district promptly and fully complies with the\nagreement and is in full compliance with this section and section\ntwenty-eight hundred one of this article, the commissioner shall abate\nthe withholding in its entirety. Any failure to meet the obligations of\nthe compliance agreement by the district within the time frames\nestablished shall be considered a willful violation of a commissioner's\norder by the members of the district board for purposes of subdivision\none of section three hundred six of the education law. Notwithstanding\nany other law, rule or regulation, such transfer shall take effect upon\nfiling of a notice thereof with the director of the budget and the\nchairs of the senate finance and assembly ways and means committees.\n  10. Every school shall define the roles and areas of responsibility of\nschool personnel, security personnel and law enforcement in response to\nstudent misconduct that violates the code of conduct. A school district\nor charter school that employs, contracts with, or otherwise retains law\nenforcement or public or private security personnel, including school\nresource officers, shall establish a written contract or memorandum of\nunderstanding that is developed with stakeholder input, including, but\nnot limited to, parents, students, school administrators, teachers,\ncollective bargaining units, parent and student organizations and\ncommunity members, as well as probation officers, prosecutors, defense\ncounsels and courts that are familiar with school discipline. Such\nwritten contract or memorandum of understanding shall define the\nrelationship between a school district or charter school, school\npersonnel, students, visitors, law enforcement, and public or private\nsecurity personnel. Such contract or memorandum of understanding shall\nbe consistent with the code of conduct, define law enforcement or\nsecurity personnel's roles, responsibilities and involvement within a\nschool and clearly delegate the role of school discipline to the school\nadministration. Such written contract or memorandum of understanding\nshall be incorporated into and published as part of the district safety\nplan.\n
N.Y. PBA Law § 3402 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3402
Nassau health care corporation
Status: in_force

§ 3402. Nassau health care corporation.  1. (a) There is hereby\ncreated a state board to be known as the Nassau health care corporation\nwhich shall be a body corporate and politic constituting a public\nbenefit corporation. All health facilities established, administered,\noperated, and/or overseen by the corporation shall be subject to the\nprovisions of article twenty-eight of the public health law.\n  (a-1) Notwithstanding any inconsistent provision of law, on June\nfirst, two thousand twenty-five, the term of each director currently in\noffice, including any vacant directorship, shall be deemed expired, and\nthe respective appointing authorities shall make new appointments in\naccordance with this section. Each director may continue to serve in\nholdover status until their successor is appointed.\n  (b) The corporation shall be governed by eleven voting directors, six\nof whom shall be appointed by the governor as provided in paragraph (c)\nof this subdivision, two of whom shall be appointed by the county\nexecutive for initial terms of two years, two of whom shall be appointed\nby the majority leader of the county legislature for initial terms of\nthree years, and one of whom shall be appointed by the minority leader\nof the county legislature for an initial term of three years.\n  (c) Of the six directors appointed by the governor, one shall be\nappointed upon the recommendation of the speaker of the assembly and one\nshall be appointed upon the recommendation of the temporary president of\nthe senate. The directors appointed by the county executive, the\nmajority leader of the county legislature, and the minority leader of\nthe county legislature shall be residents of Nassau county. Of the\ndirectors appointed by the governor, four of the directors, including\nthe directors appointed upon the recommendation of the speaker of the\nassembly and the temporary president of the senate, shall be residents\nof Nassau county.\n  (d) Of the directors first appointed on or after June first, two\nthousand twenty-five, by the governor, the director appointed upon the\nrecommendation of the temporary president of the senate and the director\nappointed upon the recommendation of the speaker of the assembly shall\nserve for an initial term of two years. The remaining directors first\nappointed on or after June first, two thousand twenty-five by the\ngovernor shall serve for an initial term of four years. Following their\ninitial terms, directors shall serve for a term of five years.\n  2. (a) The governor shall designate one of the eleven voting directors\nas the chairperson of the board. The chairperson shall preside over all\nmeetings of the board and shall have such other duties as the voting\ndirectors may direct.\n  (b) The voting directors of the corporation shall receive no\ncompensation for their services, but may be reimbursed for their actual\nreasonable expenses.\n  (c) A majority of the voting directors then in office shall constitute\na quorum. No action shall be taken by the board of directors except\npursuant to the favorable vote of a majority of the board at a meeting\nat which a quorum is present.\n  3. There shall be three non-voting directors which shall include the\nchief executive officer of the corporation as appointed by the board of\ndirectors, one director selected by the county executive, and one\nselected by the county legislature.\n  4. The board of directors shall select the chief executive officer\nand, subject to approval of the Nassau county interim finance authority,\nshall determine the salary and benefits of the chief executive officer\nof the corporation. The chief executive officer shall serve at the\npleasure of the board of directors provided, however, that removal\nwithout cause shall not prejudice the contract rights, if any, of the\nchief executive officer.\n  5. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a voting director, non-voting director, officer or\nemployee of the corporation, nor shall service as such a voting\ndirector, non-voting director, officer or employee be deemed\nincompatible or in conflict with such office, or employment, and\nprovided further, however, that no public officer elected to his or her\noffice pursuant to the laws of the state or any municipality thereof may\nserve as a member of the governing body of the corporation during his or\nher term of office.\n  6. The corporation and its corporate existence shall continue until\nterminated by law, provided, however, that no such termination shall\ntake effect so long as the corporation shall have bonds or other\nobligations outstanding, unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe corporation, all of the rights and properties of the corporation\nthen remaining shall pass to and vest in the county in such manner as\nprescribed by law.\n  7. Contracts for public works or purchases to which the corporation is\na party shall be subject to the provisions of article five-A of the\ngeneral municipal law except as provided in subdivisions eight and nine\nof this section. In addition to the procedures prescribed under section\none hundred four of the general municipal law for the utilization of the\nterms of state contracts, the corporation may utilize the terms of a\nfederal government general services contract where the terms are to the\nadvantage of the corporation and have been offered to the corporation by\nthe contractor. When bids have already been received by the corporation,\nno purchase under a federal government general services contract shall\nbe made unless the purchase may be made upon the same terms, conditions\nand specifications at a lower price through such contractor.\n  8. It is the intent of the legislature that overall cost should in all\ncases be a major criterion in the selection of project developers for\naward of contracts pursuant to this section and that, wherever\npractical, such contracts should be entered into pursuant to the\nprovisions of sections one hundred one and one hundred three of the\ngeneral municipal law. It is further the intent of the legislature to\nacknowledge the highly complex and innovative nature of medical\ntechnology, diagnostic and treatment devices, the relative newness of a\nvariety of devices, processes and procedures now available, the\ndesirability of a single point of responsibility for the development of\nmedical treatment and diagnostic facilities and the economic and\ntechnical utility of contracts for medical projects which include in\ntheir scope various combinations of design, construction, operation,\nmanagement and/or maintenance responsibility over prolonged periods of\ntime and that in some instances it may be beneficial to the corporation\nto award a contract for a medical project on the basis of factors other\nthan capital cost alone, including but not limited to facility design,\nsystem reliability, efficiency, safety, long-term operating costs and\ncompatibility with other elements of patient care. Accordingly, and\nnotwithstanding the provisions of any general, special or local law or\nchapter, a contract for a medical project entered into between the\ncorporation and any project developer pursuant to this section may be\nawarded pursuant to public bidding in compliance with sections one\nhundred one and one hundred three of the general municipal law or\npursuant to the following provisions for the award of a contract based\non evaluation of proposals submitted in response to a request for\nproposals prepared by or for the corporation:\n  (a) The corporation shall require that each proposal to be submitted\nby a project developer shall include:\n  (i) information relating to the experience and expertise of the\nproject developer on the basis of which said project developer purports\nto be qualified to carry out all work required by a proposed contract;\nthe ability of the project developer to secure adequate financing; and\nproposals for project staffing, implementation of work tasks, and the\ncarrying out of all responsibilities by a proposed contract;\n  (ii) a proposal clearly identifying and specifying all elements of\ncost which would become charges to the corporation, in whatever form, in\nreturn for the fulfillment by the project developer for the full\nlifetime of a proposed contract, including, as appropriate, but not\nlimited to the cost of planning, design, construction, operation,\nmanagement and/or maintenance of any facility, and clearly identifying\nand specifying all elements of revenue which would accrue to the\ncorporation from the operation of the facility or device or from any\nother source; provided, that the corporation may prescribe the form and\ncontent of such proposal and that, in any event, the project developer\nmust submit sufficiently detailed information to permit a fair and\nequitable evaluation by the corporation of such proposal; and provided,\nfurther, that the corporation may set maximum allowable cost limits in\nany form in the request for proposals; and\n  (iii) such other information as the corporation may determine to have\na material bearing on its ability to evaluate any proposal in accordance\nwith this subparagraph;\n  (b) Prior to the issuance of a request for proposals pursuant to this\nparagraph, the corporation shall publish notice of such issuance in at\nleast one newspaper of general circulation. Concurrent with the\npublication of such notice a draft request for proposals shall be filed\nwith the county commissioner of health.\n  (c) Proposals received in response to such request for proposals shall\nbe evaluated by the corporation as to net capital cost or, if a net\nrevenue is projected, net revenue, and in a manner consistent with\nprovisions set forth in the request for proposals, and may be evaluated\non the basis of additional factors, including but not limited to the\ntechnical evaluation of the medical project including medical facility,\nfacility design, system reliability, energy balance, annual operating\ncost and efficiency. The evaluation of such proposals and the\ndetermination of whether a project developer is "responsible" may\ninclude, but shall not be limited to, consideration, in a manner\nconsistent with provisions set forth in the request for proposals, the\nrecord of the project developer in complying with existing labor\nstandards and recognizing state and federally approved apprentice\ntraining programs, and the willingness of the project developer to\nprovide for meaningful participation of minority group persons and\nbusiness enterprises in the conduct of the work;\n  (d) The corporation may make a contract award to any responsible\nproject developer selected pursuant to subparagraph (iii) of paragraph\n(a) of this subdivision based on a determination by the corporation that\nthe selected proposal is most responsive to the request for proposals\nand may negotiate with any project developer, provided, however, that if\nany award is made to any project developer whose total proposal does not\nprovide either the lowest net cost, or if a net revenue is projected,\nthe greatest net revenue, of any proposal received, the corporation\nshall adopt a resolution which includes particularized findings relevant\nto factors pursuant to such subparagraph indicating that the\ncorporation's requirements are met by such award and that such action is\nin the public interest.\n  Whenever the corporation enters into a contract pursuant to this\nsection for a medical project which involves construction the provisions\nof section two hundred twenty of the labor law shall be applicable to\nsuch construction work.\n  9.  Every contract entered into between the corporation and a project\ndeveloper, pursuant to the provisions of paragraph (d) of subdivision\neight of this section, for a medical project involving construction of a\nmedical building by the project developer, shall contain provisions that\nsuch building shall be constructed through construction contracts\nawarded through competitive bidding in accordance with paragraphs (a)\nthrough (g) of this subdivision; that the project developer or the\nproject developer's construction subcontractor shall furnish a bond\nguaranteeing prompt payment of moneys that are due to all persons\nfurnishing labor and materials pursuant to the requirements of such\nconstruction contracts, and that a copy of such payment bond shall be\nkept by the corporation and shall be open to public inspection;\nprovided, however, that the requirements of this subdivision shall not\napply when the cost of such construction, exclusive of the cost of\nmedical equipment and devices, is less than one million five hundred\nthousand dollars.\n  (a) The project developer shall advertise for bids for such\nconstruction contracts in a daily newspaper having general circulation\nin the county.  Such advertisement shall contain a statement of the time\nand place where all bids received pursuant to such notice will be\npublicly opened and read. An employee of the corporation shall be\ndesignated to open the bids at the time and place specified in the\nnotice. All bids received shall be publicly opened and read at the time\nand place so specified. At least five days shall elapse between the\npublication of such advertisement and date on which the bids are opened.\n  (b) Except as otherwise provided in section two hundred twenty-two of\nthe labor law, when the entire cost of constructing such building,\nexclusive of any medical equipment, apparatus or devices, shall exceed\none million five hundred thousand dollars, the project developer shall\nprepare separate specifications for the following subdivisions of such\nwork, so as to permit separate and independent bidding upon each\nsubdivision:\n  (i) plumbing and gas fittings;\n  (ii) steam heating, hot water heating, ventilating and air\nconditioning apparatus; and\n  (iii) electric wiring and standard illuminating fixtures.\n  (c) After public competitive bidding, the project developer shall\naward one or more separate contracts for each of the above subdivisions\nof such work, whenever separate specifications are required pursuant to\nparagraph (b) of this subdivision, and one or more contracts for the\nremainder of such work. The project developer may award such contracts\nat different times. Contracts awarded pursuant to this subdivision shall\nbe awarded by the project developer to the lowest responsible and\nresponsive bidder and shall be contracts of the project developer and\nnot of the corporation which shall have no obligation or liabilities,\nwhatsoever, thereunder. The project developer shall have the\nresponsibility for the supervision, coordination, and termination of\nsuch contracts, unless otherwise specified in contractual terms between\nthe project developer and the corporation.\n  (c-1) Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (iii)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  (d) In determining whether a prospective contractor is responsible and\nresponsive, the project developer may require that prospective\ncontractors:\n  (i) have adequate financial resources or the ability to obtain such\nresources;\n  (ii) be able to comply with the required or proposed delivery or\nperformance schedule;\n  (iii) have a satisfactory record of performance;\n  (iv) have the necessary organization, experience, operational\ncontrols, and technical skills, or the ability to obtain them;\n  (v) have the necessary production, construction and technical\nequipment and facilities, or the ability to obtain them; and\n  (vi) be eligible to receive an award under applicable laws and\nregulations and be otherwise qualified.\n  (e) The project developer may reject any bid of a bidder which the\nproject developer determines to be nonresponsible or nonresponsive to\nthe advertisement for bids.\n  (f) The project developer may, in its discretion, reject all bids, and\nmay revise bid specifications and may readvertise for bids as provided\nherein.\n  (g) Only as used in this section:\n  (i) "project developer" means any private corporation, partnership,\nlimited liability company, or individual, or combination thereof which\nhas submitted a proposal in response to a request for proposals;\n  (ii) "construction" shall include reconstruction, rehabilitation or\nimprovement exclusive of the installation and assembly of any medical\nequipment, apparatus or device;\n  (iii) "medical building" means that component of a medical project\nconstituting appurtenant structures or facilities necessary to house or\nrender the remaining components of the medical project operational.\nMedical building shall not include apparatus, equipment, devices,\nsystems, supplies or any combination thereof;\n  (iv) "medical project" means any substantial durable apparatus,\nequipment, device or system, or any combination of the foregoing,\nincluding services necessary to install, erect, or assemble the\nforegoing and any appurtenant structures or facilities necessary to\nhouse or render the foregoing operational, to be used for the purpose of\ncare, treatment or diagnosis of disease or injury or the relief of pain\nand suffering of sick or injured persons. Medical projects shall not\ninclude ordinary supplies and equipment expended or utilized in the\ncustomary care and treatment of patients.\n  10. (a) For purposes of applying section eighty-seven of the public\nofficers law, to the corporation, the term "trade secrets" shall include\nmarketing strategy or strategic marketing plans, analyses, evaluations\nand pricing strategies or pricing commitments of the corporation,\nrelating to business development, which, if disclosed, would be likely\nto injure the competitive position of the corporation.\n  (b) In addition to the matters listed in section one hundred five of\nthe public officers law, the corporation may conduct an executive\nsession for the purpose of considering marketing strategy or strategic\nmarketing plans, analyses, evaluations and pricing strategies of the\ncorporation, relating to business development, which, if disclosed,\nwould be likely to injure the competitive position of the corporation.\n  11. All contracts or obligations entered into by the corporation for\nover one million dollars shall be subject to the approval of the Nassau\ncounty interim finance authority.\n
N.Y. PBH Law § 232 — New York Code / Act PBH / Article 2 / Title 2-B / Section 232
Powers and duties
Status: in_force

* § 232. Powers and duties. The commissioner shall, in consultation\nwith the commissioners of education, correctional services, mental\nhealth, mental retardation and developmental disabilities and the\npresident of the civil service commission, have the following powers and\nduties:\n  1. To recruit and select health corps professionals for service in\neligible institutions and facilities;\n  2. To place health corps professionals in eligible institutions and\nfacilities pursuant to agreements with the appropriate eligible\ninstitutions and facilities;\n  3. To select recipients of scholarships and fellowships authorized\npursuant to section two hundred thirty-three of this title;\n  4. To develop criteria for the selection of students eligible for\nhealth corps scholarships or fellowships under the provisions of section\ntwo hundred thirty-three of this title, including, but not limited to,\nthe student's academic achievement, previous work experience in their\nchosen health profession and a demonstrated interest in working with\ninstitutionalized populations or with persons infected with the human\nimmunodeficiency virus (HIV) or who have acquired immunodeficiency\nsyndrome (AIDS) or in a health care setting eligible pursuant to this\ntitle;\n  5. To accept and expend any grants, awards or other funds or\nappropriations as may be available to effectuate the purposes of this\ntitle subject to the limitations as to the approval of expenditures and\naudit as prescribed for state funds by the state finance law; and\n  6. To do any and all things necessary to carry out its functions,\npowers and duties and to effectuate the purposes of this title.\n  * NB Expired July 18, 1996\n
N.Y. PBA Law § 1361 — New York Code / Act PBA / Article 6 / Title 2 / Section 1361
Fiscal year
Status: in_force

§ 1361. Fiscal year. The fiscal year of the authority shall be\ndetermined by resolution of the authority.\n
N.Y. PBA Law § 829 — New York Code / Act PBA / Article 4 / Title 2 / Section 829
Bonds of the authority
Status: in_force

§ 829. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue negotiable bonds in\nconformity with applicable provisions of the uniform commercial code.\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\nthirty years from their respective dates, bear interest at such rate or\nrates, not exceeding six per centum per annum payable annually or\nsemiannually, be in such denomination or denominations, be in such form,\neither coupon or registered, carry such registration privileges, be\nexecuted in such manner, be payable in such medium of payment, at such\nplace or places, and be subject to such terms of redemption, with or\nwithout premium, as such resolution or resolutions may provide. Such\nbonds may be sold at public or private sale for such price or prices as\nthe board shall determine, provided that the interest cost to maturity\nof the money received for any issue of such bonds shall not exceed six\nper centum per annum.\n  3. Such bonds may be issued for any corporate purpose of the\nauthority.\n  4. Any resolution or resolutions authorizing any bonds may contain\nprovisions which shall be a part of the contract with the holders of the\nbonds as to\n  (a) pledging all or any part of the gross or net revenues of the\nauthority to secure the payment of the bonds;\n  (b) the rentals and license fees to be charged for use of the market\nfacilities and the amounts to be raised in each year by rentals and\nlicense fees and the use and disposition of such rentals and other\nrevenues;\n  (c) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority and its successors to\nrestrict and regulate the use of the market facilities;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied;\n  (f) limitations on the issuance of other or additional bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must give consent thereto, and the manner in which such consent\nmay be given.\n  5. 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 by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase any bonds issued by it at a price not more than the\nprincipal amount thereof and accrued interest. All bonds so purchased\nshall be cancelled.\n  7. The authority shall have power, subject to the rights and with the\nconsent of the holders of any outstanding bonds issued under the\nprovisions of this title, to issue and sell or exchange its negotiable\nbonds to refund or to refinance all or any part of such outstanding\nbonds. All bonds issued by virtue of this section shall be authorized by\nresolution of the board and shall be issued upon such terms, not\ninconsistent with the provisions of this title, as the board may\ndetermine. Such bonds may be authorized in combination with and as part\nof an issue of bonds authorized to refund or to refinance and to be sold\nto provide funds for any purpose for which the authority is now\nauthorized to issue bonds.\n
N.Y. MDW Law § 68 — New York Code / Act MDW / Article 3 / Title 2 / Section 68
Smoke detecting devices
Status: in_force

§ 68. Smoke detecting devices. 1. This section shall apply to all\nmultiple dwellings, whenever constructed, provided however, that for the\npurposes of this section the term "multiple dwelling" shall also include\nany dwelling accommodation used as a temporary or permanent residence\nlocated in any building owned as a condominium or cooperative.\n  2. (a) The owner of every multiple dwelling to which the provisions of\nthis section apply shall equip each apartment or other separate living\nunit in such multiple dwelling with approved and operational smoke\ndetecting devices in conformity with the state fire prevention and\nbuilding code; provided, however, that any multiple dwelling not subject\nto the provisions of such code may, in the alternative, be equipped with\nbattery-operated smoke detecting devices of a type accepted by the\ndivision of housing and community renewal.\n  (b) In hotels and other class B multiple dwellings, and in any portion\nof a class A multiple dwelling used for single room occupancy, at least\none smoke detecting device shall be located within each room used for\nsleeping purposes. In any other multiple dwelling or portion thereof,\nthere shall be at least one smoke detecting device located within each\napartment or separate living unit, in an area so that it is clearly\naudible in each bedroom or other room used for sleeping purposes, with\nintervening doors closed; provided, however, that no smoke detecting\ndevice be located more than ten feet from the entrance to any bedroom or\nother room used for sleeping purposes.\n  (c) Each smoke detecting device shall include a test device to permit\nthe occupant to readily determine if it is operational.\n  (d) In addition to complying with the provisions of this section, the\ntype, location, number, and manner of installation of smoke detecting\ndevices shall be in accordance with standards prescribed by the state\nfire prevention and building code council.\n  3. (a) With respect to class A multiple dwellings, other than any\nportion of any such dwelling used for single room occupancy, and\nnotwithstanding the provisions of section seventy-eight or any other\nprovision of this chapter, or of any law or requirement, state or local,\nthe duties of the owner and tenant with respect to smoke detecting\ndevices installed pursuant to this section shall be as provided in\nsubdivisions four and five of this section.\n  (b) With respect to a class B multiple dwelling, or any portion of a\nclass A multiple dwelling used for single room occupancy, the provisions\nof subdivision five of this section shall not apply, and smoke detecting\ndevices installed as required by this section shall be subject to the\nprovisions of section seventy-eight of this chapter.\n  (c) The owner of every multiple dwelling shall keep such records as\nthe state fire prevention and building code council shall prescribe\nrelating to the installation and maintenance of smoke detecting devices\nin the building and make such records available to any local code\nenforcement official on request.\n  4. In addition to initially providing and installing the smoke\ndetecting devices, the owner shall:\n  (a) replace within thirty days after the receipt of written notice any\nsuch device which becomes inoperable within one year of the installation\nof such device due to a defect in the manufacture of such device and\nthrough no fault of the occupant of the apartment or other unit;\n  (b) upon the occurrence of a vacancy, replace or properly equip any\nsuch device which has been removed or rendered inoperable, so as to\nprovide operational smoke detecting devices for any new tenant; and\n  (c) notify tenants in writing, individually or through posting of a\nnotice in a common area of the building, of the respective duties of\nowners and tenants under this section.\n  5. Except as provided in paragraph (b) of subdivision three of this\nsection, the tenant shall keep and maintain any smoke detecting device\ninstalled pursuant to this section in good repair and replace any such\ndevice which becomes inoperable during his occupancy.\n  6. An owner need not furnish or install a smoke detecting device where\none has already been installed, provided that (a) the type of such\ndevice and the manner of its installation comply with the provisions of\nthis section and the standards prescribed by the state fire prevention\nand building code council, (b) the existing device is tested and found\nto be operational, and (c) the existence of such device in lieu of an\nowner-furnished device is noted on the records kept by the owner\npursuant to paragraph (c) of subdivision three of this section.\n  7. This section shall not apply within cities with a population of one\nmillion or more, provided however, any local law in such cities relating\nto smoke detecting devices shall provide for the installation and\nmaintenance of smoke detecting devices in dwelling accommodations\nlocated in buildings owned as condominiums or cooperatives.\n
N.Y. SOS Law § 45-F — New York Code / Act SOS / Article 2-A / Title 2 / Section 45-F
Administration
Status: in_force

§ 45-f. Administration. 1. The commissioner shall promulgate rules and\nregulations for the administration of this title. Such rules and\nregulations shall include but not be limited to provisions concerning\neligibility of not-for-profit corporations and charitable organizations\nfor single room occupancy support project assistance, funding criteria\nand the funding determination process, supervision and evaluation of the\ncontracting corporations and organizations and any other matters\nconsistent with the purposes of this title.\n  2. The social services district, or the commissioner in the case of\ndirect applications, shall provide for the review, at periodic\nintervals, of the performance of the not-for-profit corporations and\ncharitable organizations receiving financial assistance pursuant to this\ntitle. Such review shall, among other things, be for the purpose of\nascertaining conformity to contractual provisions, the financial\nintegrity and efficiency of the organizations and the evaluation of the\nproject. Contracts entered into pursuant to this title may be terminated\nby the social services district, or the commissioner in the case of\ndirect applications, upon a finding of substantial nonperformance or\nother breach by the corporation or organization of its obligations under\nits contract.\n  3. In order to further the purposes of this article, social services\ndistricts shall, in accordance with regulations promulgated by the\ndepartment, undertake such efforts as may be necessary and practicable\nto assist eligible residents to apply for and obtain appropriate\ngovernmental assistance.\n  4. The department, subject to the approval of the director of the\nbudget, may retain up to five percent of the total amount appropriated\npursuant to this title in any fiscal year for administrative purposes.\n
N.Y. RPT Law § 421-H — New York Code / Act RPT / Article 4 / Title 2 / Section 421-H
Exemption of capital improvements to multiple dwelling buildings within certain cities
Status: in_force

* § 421-h. Exemption of capital improvements to multiple dwelling\nbuildings within certain cities. 1. Multiple dwelling buildings,\nreconstructed, altered, converted back to an owner occupied single\nfamily dwelling or any owner occupied multiple dwelling located in any\ncity having a population of more than twenty-two thousand inhabitants\nbut less than twenty-three thousand inhabitants, determined in\naccordance with the latest federal decennial census, that is reduced to\nat most two units by such reconstruction subsequent to the effective\ndate of a local law pursuant to this section shall be exempt from\ntaxation and special ad valorem levies to the extent provided\nhereinafter. After a public hearing, the governing board of such city\nmay adopt a local law to grant the exemption authorized pursuant to this\nsection. A copy of such local law shall be filed with the commissioner\nand the assessor of such city who prepares the assessment roll on which\nthe taxes of such city are levied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such reconstruction, alteration or\nimprovement and for an additional period of seven years subject to the\nfollowing:\n  (i) The extent of such exemption shall be decreased by twelve and\none-half percent of the "exemption base" each year during such\nadditional period. The "exemption base" shall be the increase in\nassessed value as determined in the initial year of the term of the\nexemption, except as provided in subparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) Such exemption shall be limited to one hundred thousand dollars\nin increased market value, or such other sum less than one hundred\nthousand dollars, but not less than ten thousand dollars as may be\nprovided by the local law or resolution, of the property attributable to\nsuch reconstruction, alteration or improvement and any increase in\nmarket value greater than such amount shall not be eligible for the\nexemption pursuant to this section. For the purposes of this section,\nthe market value of the reconstruction, alteration or improvement shall\nbe equal to the increased assessed value attributable to such\nreconstruction, alteration or improvement divided by the most recently\nestablished state equalization rate for such city. Where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, the increase in assessed value attributable to such\nreconstruction, alteration or improvement shall be deemed to equal the\nmarket value of such reconstruction, alteration or improvement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or converted improvement was\ncommenced subsequent to the effective date of the local law adopted\npursuant to subdivision one of this section by such city; and\n  (ii) the value of such reconstruction, alteration or improvement\nexceeds five thousand dollars; and\n  (iii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. For the purposes of this section, an owner occupied multiple\ndwelling building shall mean any building or structure designed and\noccupied as the temporary or permanent residence or home of two or more\nfamilies, including the owner of such building.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  7. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing owner occupied multiple\nresidence structure to prevent physical deterioration of the structure\nor to comply with applicable building, sanitary, health and/or fire\ncodes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  * NB There are 2 § 421-h's\n
N.Y. ENV Law § 72-0203 — New York Code / Act ENV / Article 72 / Title 2 / Section 72-0203
Annual report
Status: in_force

§ 72-0203. Annual report.\n  Notwithstanding any other provision of law, the department shall\nsubmit, no later than January fifteenth in each year, a report to the\ngovernor, the chairmen of the senate finance committee and assembly ways\nand means committee, consisting of a summary and analysis of all moneys\npaid pursuant to this article and all penalties, fines and other sums\ncollected or received pursuant to titles nineteen, twenty-one and\ntwenty-seven of article seventy-one of this chapter. The report shall\nalso include data relating to the moneys paid pursuant to this article\nto the costs of regulation by permit category as defined in this\narticle.\n
N.Y. VAT Law § 223-A — New York Code / Act VAT / Title 2 / Article 2 / Section 223-A
School bus motorist education program
Status: in_force

§ 223-a. School bus motorist education program. The commissioner\nshall, in conjunction with the governor's traffic safety committee, the\ndepartments of education and transportation, the division of state\npolice, and the state comprehensive school bus driver safety training\ncouncil, design and implement a public education program to educate\nmotorists of the dangers of passing a school bus in violation of section\neleven hundred seventy-four of this chapter, to reduce the number of\nsuch incidents, and to promote school bus safety.\n
N.Y. EDN Law § 2614 — New York Code / Act EDN / Title 2 / Article 53 / Section 2614
Transmission of publicly available data to the New York voting and elections database
Status: in_force

§ 2614. Transmission of publicly available data to the New York voting\nand elections database. Upon the certification of election results and\nthe completion of the voter history file after each election, each\nschool district that holds elections pursuant to this article shall\ntransmit copies of records required to be transmitted pursuant to\nsection 3-112 of the election law in a manner and time provided for in\nsuch section.\n
N.Y. PBA Law § 3419 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3419
Separability
Status: in_force

§ 3419. Separability.  If any clause, sentence, paragraph, section, or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 526-B — New York Code / Act PBA / Article 3 / Title 2 / Section 526-B
Ceremonial designation of the Bear Mountain bridge
Status: in_force

§ 526-b. Ceremonial designation of the Bear Mountain bridge. 1. The\nBear Mountain bridge, as defined in subdivision seven of section five\nhundred twenty-six of this title, shall be designated and known as the\n"Purple Heart Veterans Memorial Bridge".\n  2. The chairman of the New York State Bridge Authority shall provide\nfor the installation and maintenance of adequate signing of the state\nhighway system as designated pursuant to subdivision one of this\nsection. However, to avoid confusion and to limit any possible\ndisruption of commerce, the designation called for pursuant to\nsubdivision one of this section shall be one of ceremonial nature and\nthe official name of such bridge shall not be changed as a result of\nthis act.\n
N.Y. SOS Law § 472-F — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-F
Objects of corporation
Status: in_force

§ 472-f.  Objects of corporation.  The objects of this corporation\nshall be to receive and take charge of such children as may legally come\ninto its custody and care, and to provide for their support, education\nand training.\n
N.Y. MDW Law § 67 — New York Code / Act MDW / Article 3 / Title 2 / Section 67
Hotels and certain other class A and class B dwellings
Status: in_force

§ 67. Hotels and certain other class A and class B dwellings. 1. It\nshall be unlawful to occupy any class A or class B multiple dwelling,\nincluding a hotel, unless it conforms to the provisions of the specific\nsections enumerated in section twenty-five to the extent required\ntherein, including the applicable provisions of this section and all\nother applicable provisions of this chapter except that the provisions\nof this section shall not apply to:\n  a. Converted dwellings;\n  b. Tenements;\n  c. Lodging houses;\n  d. Class A multiple dwellings erected under plans filed with the\ndepartment after April eighteenth, nineteen hundred twenty-nine.\n  2. Any such multiple dwelling, altered or erected after April fifth,\nnineteen hundred forty-four, and which is required to conform to the\nprovisions of articles one, two, three, four, five, eight, nine and\neleven, shall not be required to conform to the provisions of\nsubdivisions three, six, nine and ten of this section.\n  3. The walls and ceiling of every entrance hall, stair hall or other\npublic hall, every hall or passage not within an apartment or suite of\nrooms, every dumb-waiter, elevator, and, except as provided in paragraph\nd of subdivision six, every other shaft, including stairs, connecting\nmore than two successive stories, shall be sealed off from every other\nportion of the dwelling with fire-retarding materials approved by the\ndepartment, or, in lieu thereof, except in the case of elevator shafts,\nshall be equipped with one or more automatic sprinkler heads. Nothing\ncontained herein shall be deemed to exempt from enclosure an interior\nrequired means of egress. The provisions of this subdivision and similar\nrequirements of section sixty-one shall not apply to a store or space\nused for business on any story where there are no sleeping rooms, when\nsuch store or space is protected with sprinkler heads.\n  4. There shall be one or more completely enclosed compartments for the\nstorage of mattresses, furniture, paints, floor wax, linens, brooms,\nmops and other such inflammable or combustible paraphernalia incidental\nto the occupancy and maintenance of the dwelling, and such paraphernalia\nshall be stored in no other portion of such dwelling. Such compartments\nshall be completely protected by one or more automatic sprinkler heads.\nEvery door from any such compartment shall be self-closing. Closets\nwhich do not exceed one hundred square feet in floor area may be used\nfor the temporary storage of such paraphernalia, except mattresses,\nfurniture, paints and insecticides containing inflammable materials and\nare excluded from the requirements of this subdivision.\n  5. All kitchens and pantries serving restaurants in such non-fireproof\ndwellings shall be equipped with one or more automatic sprinkler heads.\n  6. Except in fireproof class A multiple dwellings erected under plans\nfiled after January first, nineteen hundred twenty-five, and which were\ncompleted before December thirty-one, nineteen hundred thirty-three, and\nexcept as otherwise provided in paragraph c of this subdivision, in\nevery such dwelling three or more stories in height there shall be from\neach story at least two independent means of unobstructed egress located\nremote from each other and accessible to each room, apartment or suite.\n  a. The first means of egress shall be an enclosed stair extending\ndirectly to a street, or to a yard, court or passageway affording\ncontinuous, safe and unobstructed access to a street, or by an enclosed\nstair leading to the entrance story, which story shall have direct\naccess to a street. That area of the dwelling immediately above the\nstreet level and commonly known as the main floor, where the occupants\nare registered and the usual business of the dwelling is conducted,\nshall be considered a part of the entrance story; and a required stair\nterminating at such main floor or its mezzanine shall be deemed to\nterminate at the entrance story. An elevator or an unenclosed escalator\nshall never be accepted as a required means of egress.\n  b. The second means of egress shall be by an additional enclosed stair\nconforming to the provisions of paragraph a of this subdivision, a\nfire-stair, a fire-tower or an outside fire-escape. In a non-fireproof\ndwelling when it is necessary to pass through a stair enclosure which\nmay or may not be a required means of egress to reach a required means\nof egress, such stair enclosure and that part of the public hall or\ncorridor leading thereto from a room, apartment or suite, shall be\nprotected by one or more sprinkler heads; in a fireproof dwelling only\nthat part of the hall or corridor leading to such stair enclosure need\nbe so protected.\n  c. Where it is impractical in such existing dwellings to provide a\nsecond means of egress, the department may order additional alteration\nto the first means of egress and to shafts, stairs and other vertical\nopenings as the department may deem necessary to safeguard the occupants\nof the dwelling, may require the public halls providing access to the\nfirst means of egress to be equipped on each story with one or more\nautomatic sprinkler heads, and, in non-fireproof dwellings, may also\nrequire automatic sprinkler heads in the stair which serves as the only\nmeans of egress.\n  d. Nothing in this section shall be deemed to require the enclosure of\na stair which is ornamental provided such stair does not connect more\nthan two stories.\n  e. A stair, fire-stair, fire-tower or fire-escape which is\nsupplementary to the egress requirements of paragraphs a, b and c of\nthis subdivision need not lead to the entrance story or to a street, or\nto a yard or a court which leads to a street, provided the means of\negress therefrom is approved by the department.\n  7. a. All doors opening from shafts, stair halls or stairs and the\ndoor assemblies shall be fire-resistive with the doors self-closing and\nwithout transoms or any other opening.\n  b. All other doors opening upon entrance halls or other public halls\nor corridors in every part of the dwelling shall be self-closing. In\nnon-fireproof dwellings any existing openings in such doors, except in\ndoors to public toilet rooms or bathrooms, shall be closed and sealed in\nsuch manner as to provide a fire-resistive rating equal to the\nfire-resistive rating of the remainder of the door. Except as provided\nin this paragraph, any existing transoms over such doors in such\nnon-fireproof dwellings shall be firmly secured in a closed position, or\nremoved and the openings closed, in a manner satisfactory to the\ndepartment. If such doors or transoms are glazed with plain glass, such\nglass shall be removed and replaced with wire glass one-quarter of an\ninch in thickness or replaced with material approved by the department.\nIn non-fireproof dwellings existing transoms or ventilating louvres in\npublic halls or corridors, and any openings in partitions separating\nsleeping rooms from public halls or corridors to provide ventilation,\nneed not be replaced, closed or sealed provided such public halls or\ncorridors are protected by automatic sprinkler heads. When existing\nventilating louvres are located in the lower half of any such door they\nmay be retained and new ventilating louvres may be installed in the\nlower half of any new or existing doors provided the openable area of\nevery such louvre does not exceed one hundred forty-four square inches\nand the bottom of the opening is one foot or more above the finished\nfloor of the public hall or corridor upon which such door opens and, in\nsuch case, no sprinkler system shall be required.\n  c. Every existing interior glazed sash, window or opening, other than\na door, in any partition forming required enclosures around stairs or\nshafts shall be removed and the openings closed up and fire-retarded.\nWhere an existing sash provides borrowed light to a public hall or\ncorridor from a living room and there is no glass panel in the door\nproviding access to such room, such sash shall be made stationary in a\nclosed position and be glazed with wire glass one-quarter inch in\nthickness, or be entirely removed and the opening closed up with\nincombustible material.\n  d. All openings which provide direct access to a fire-escape from a\npublic hall or corridor shall be equipped with fireproof doors and\nassemblies with the door self-closing or fireproof windows glazed with\nclear wire glass. Doors providing access to fire-escapes from public\nhalls or corridors may be glazed with clear wire glass.\n  e. It shall be unlawful to attach to or maintain on or about any door\nrequired to be self-closing any device which prevents the self-closing\nof such door.\n  8. a. (i) Every means of egress shall be indicated by a sign reading\n"EXIT" in red letters at least eight inches high on a white background,\nor vice versa, illuminated at all times during the day and night by a\nred light of at least twenty-five watts or equivalent illumination. Such\nlight shall be maintained in a keyless socket. On all stories where\ndoors, openings or passageways giving access to any means of egress are\nnot visible from all portions of such stories, lighted or reflective\ndirectional signs shall be maintained in conspicuous locations,\nindicating in red on a white background, or vice versa, the direction of\ntravel to the nearest means of egress. In addition to being posted in\nconspicuous locations, such signs located near the floor, giving\ndirection to the nearest means of egress, shall also be maintained. At\nleast one sign shall be visible from the doorway of each room or suite\nof rooms. Existing signs and illumination may be accepted if, in the\nopinion of the department, such existing signs and illumination serve\nthe intent and purpose of this subdivision. Supplementary stairs,\nfire-stairs, fire-towers or fire-escapes which do not lead to the\nentrance story or to a street or to a yard or court, leading to a\nstreet, shall be clearly marked "NOT AN EXIT" in black letters at least\nfour inches high on a yellow background and at the termination of each\nsuch stair, fire-stair, fire-tower or fire-escape, there shall be a\ndirectional sign indicating the nearest means of egress leading to a\nstreet. All signs shall be constructed, located and illuminated in a\nmanner satisfactory to the department.\n  b. On each floor of every hotel or motel having two or more stories\nwhere the rooms or suites of rooms are connected by an interior hallway,\nthere shall be posted by each stairway, elevator or other means of\negress a printed scale floor plan of the particular story, which shall\nshow all means of egress, clearly labeling those to be used in case of\nfire. Such signs shall be posted in other conspicuous areas throughout\nthe building. Said floor plan shall be no smaller than eight inches by\nten inches and shall be posted in such a manner that it cannot be\nreadily removed.\n  9. The ceiling of the story immediately below the entrance story shall\nbe fire-retarded or be equipped with one or more sprinkler heads. Any\nboiler or furnace room within the dwelling used in connection with\nsupplying heat or hot water shall be enclosed with fire-retarded\npartitions and every door opening therefrom and its assembly shall be\nfireproof with the door self-closing. The ceiling of such room shall\nalso be fire-retarded or be equipped with one or more sprinkler heads.\n  10. a. There shall be provided in the roof directly over each stair,\nfire-stair, fire-tower, dumb-waiter, elevator or similar shaft which\nextends to or within one story of a roof, a ventilating metal skylight\nhaving horizontal dimensions equal at least to seventy-five per centum\nof the cross-sectional area of such shaft. Such skylight need not,\nhowever, exceed twenty square feet in area. Where an existing skylight\nis smaller than the dimensions or area prescribed in this paragraph, no\nstructural change shall be required, but a ventilating metal skylight\nfitting the existing opening in the roof shall be sufficient. Every\nskylight shall be glazed with plain glass in the roof of such skylight\nand shall be equipped with metal screens over and under the skylight. In\nlieu of a skylight a window of the same area at the top story shall be\naccepted.\n  b. Whenever there is a flooring of solid construction at the top of\nany enclosed stair, fire-stair, fire-tower, elevator or similar shaft,\nopenings shall be left near the top of such shaft for ventilation. Such\nopenings shall provide at least two hundred eighty-eight square inches\nof unobstructed ventilation and shall communicate directly with the\nouter air, or be otherwise ventilated in accordance with the provisions\nof the local building code.\n  c. It shall be unlawful to discharge into any such shaft any\ninflammable or volatile gases, liquids or other thing or matter which\nwould endanger life.\n  11. a. There shall be a fire-retarded bulkhead in the roof over, or\nconnecting directly by means of a public hall with the highest portion\nof, every stair extending to the highest story below the main roof.\nStairs leading to such bulkheads shall be fire-retarded as required for\nother public stairs and shall have at the top fireproof doors and\nassemblies with the doors self-closing. All stairs to required bulkheads\nshall be provided with a guide or handrail. A scuttle so constructed as\nto be readily opened may be substituted for a bulkhead in such dwellings\ntwo stories or less in height. Such scuttle shall be at least twenty-one\ninches in width and twenty-eight inches in length, covered on the\noutside with metal and provided with a stationary iron or steel ladder\nleading thereto.\n  b. When a dwelling has a pitched or sloping roof with a pitch or slope\nof more than fifteen degrees, no bulkhead or scuttle, or stair or ladder\nleading thereto shall be required.\n  c. A bulkhead door or scuttle shall never be self-locking and shall be\nfastened on the inside with movable rustproof bolts, hooks, or a lock\nwhich does not require a key to open from the inside of the dwelling.\n  d. Bulkheads and stairs leading thereto existing on April fifth,\nnineteen hundred forty-four, shall be permitted provided the stairs have\nsuch angle of ascent and treads of such dimensions as may be approved by\nthe department.\n  12. In every such dwelling containing thirty or more rooms used for\nliving or sleeping purposes by transient occupants there shall be a\nclosed-circuit interior fire alarm system. Such alarm system shall be so\ninstalled and maintained that it can be operated manually from any story\nto sound an alarm or alarms capable of being heard clearly in all parts\nof the dwelling. Such alarm system shall be installed, arranged and\nmaintained in a manner satisfactory to the fire department.\n  13. When the local building code requires a standpipe system such\nsystem shall comply with all of the applicable requirements of such\ncode.\n  14. In every such fireproof dwelling containing fifty or more rooms\nused for living or sleeping purposes by transient occupants and in every\nsuch non-fireproof dwelling containing thirty or more such rooms, the\nowner shall employ one or more watchmen or clerks whose duty it shall be\nto visit every portion of the dwelling at frequent regular intervals for\nthe purpose of detecting fire or other sources of danger and giving\nimmediate and timely warning thereof to all the occupants. There shall\nbe provided a watchman's clock system or other device to record the\nmovements of such watchman. Such system shall be installed, supervised\nand maintained in a manner satisfactory to the fire department. However,\nthe provisions of this subdivision shall not apply where, throughout the\ndwelling, a closed-circuit, automatic, thermostatic fire-detecting\nsystem is installed which actuates a fire alarm, or where, throughout\nthe dwelling, an approved-type automatic sprinkler system is installed\nwhich actuates a fire alarm by the flow of water through such system.\n  15. a. Nothing in this section shall be construed as permitting\npartitions or materials which are not fireproof in any fireproof\ndwelling; nor shall anything in this section be deemed to abrogate any\npowers or duties vested by law in the fire commissioner or fire\ndepartment, except that an existing sprinkler installation, fire alarm\nor standpipe system which has been approved or accepted by the\ndepartment having jurisdiction and installed before July first, nineteen\nhundred forty-eight, shall, after inspection by the said department, be\ndeemed to be in compliance with the requirements of this section or may\nbe altered or adapted to meet such requirements instead of a completely\nnew installation or system.\n  b. All automatic sprinkler heads required by this section shall be\nconstructed to fuse at a temperature not higher than one hundred\nsixty-five degrees Fahrenheit, spaced so as to protect the area which is\nrequired to be sprinklered, and installed, arranged and maintained in\nconformity with regulations adopted by the department.\n  c. For the purposes of subdivisions twelve and fourteen of this\nsection, the term "transient occupancy" shall mean the occupancy of a\nroom for living purposes by the same person or persons for a period of\nninety days or less.\n  16. a. Notwithstanding any other provision of law to the contrary,\nwithin a dwelling to which this section is applicable the use of\ndwelling units as a hotel for other than permanent residence purposes,\nas defined in paragraph a of subdivision eight of section four of this\nchapter, that would otherwise be prohibited shall be permitted to\ncontinue for a period of two years after the effective date of this\nsubdivision provided that:\n  (1) such dwelling units were used for other than permanent residence\npurposes on January first, two thousand nine and on the effective date\nof this subdivision and fifty-one percent or more of the total number of\ndwelling units in such dwelling were used for other than permanent\nresidence purposes on such dates;\n  (2) such dwelling was occupied as a hotel for other than permanent\nresidence purposes on December fifteenth, nineteen hundred sixty-one;\n  (3) such dwelling is of fireproof construction and was of fireproof\nconstruction on January first, two thousand nine;\n  (4) such dwelling units used for other than permanent residence\npurposes have at least two lawful means of egress, including exit\nstairs, fire towers or exterior stairs but excluding fire escapes and\nhad such lawful means of egress on January first, two thousand nine;\n  (5) such dwelling has operational exit signs and a fire alarm system\ncomplying with the provisions for existing transient occupancies in\naccordance with local law and had such exit signs and fire alarm system\non January first, two thousand nine; and\n  (6) such dwelling units used for other than permanent residence\npurposes are registered with the department within one hundred eighty\ndays after the effective date of this subdivision in a form and manner\nto be provided by such department, including a requirement that the\napplicant submit certification of compliance with subparagraphs three,\nfour and five of this paragraph, signed and sealed by a registered\narchitect or licensed professional engineer in good standing under the\neducation law.  The department may assess fees to cover all costs\nassociated with such registration. The department may refuse to register\ndwelling units or may revoke such registration if it determines such\ndwelling units or dwelling do not comply with the conditions for\nregistration set forth in subparagraphs one through five of this\nparagraph.\n  b. The owner shall obtain a certificate of occupancy for the use of\nregistered dwelling units for other than permanent residence purposes\nwithin two years after the effective date of this subdivision. Upon\napplication prior to the expiration of such two year period, the\ndepartment may, for good cause, extend such time for up to one\nadditional year but no such extension shall be granted unless the\ndepartment finds that:\n  (1) the owner has obtained the necessary permit or permits for all\nwork necessary to bring such dwelling into compliance with the\nrequirements of this chapter and all local housing, building and fire\ncodes for the use of dwelling units for other than permanent residence\npurposes;\n  (2) all construction authorized by such permit or permits has been\nsubstantially completed; and\n  (3) there are no considerations of public safety, health and welfare\nthat have become apparent since the issuance of the above described\npermit or permits that indicate an overriding benefit to the public in\nenforcing the requirement that the applicant obtain a certificate of\noccupancy for the use of registered dwelling units for other than\npermanent residence purposes within two years after the effective date\nof this subdivision.\n  c. Upon application prior to the expiration of the time for obtaining\na certificate of occupancy, as extended by the department pursuant to\nparagraph b of this subdivision, the board of standards and appeals may\ngrant a further extension of time to obtain a certificate of occupancy\nin a case where there are circumstances beyond the applicant's control\nor hardship in the way of obtaining such certificate within the time\nallowed by the department but no more than one such extension of fifteen\nmonths shall be granted for a building and no such extension shall be\ngranted unless the board finds that there are no outstanding building or\nfire code violations of record at the property.\n  d. The department shall issue such certificate of occupancy upon proof\nthat said dwelling conforms in all respects to the requirements of this\nchapter and all local housing, building and fire codes for the use of\ndwelling units for other than permanent residence purposes. If no such\ncertificate of occupancy is issued within two years after the effective\ndate of this subdivision or, if applicable, within the time as extended\nby the department or as further extended by the board of standards and\nappeals, all use of dwelling units for other than permanent residence\npurposes shall thereafter cease.\n  e. If after a certificate of occupancy is issued pursuant to paragraph\nd of this subdivision, the use of such dwelling units for other than\npermanent residence purposes is discontinued, nothing in this\nsubdivision shall be construed to limit the application of the local\nzoning resolution with respect to such discontinuance.\n
N.Y. EDN Law § 1619 — New York Code / Act EDN / Title 2 / Article 33 / Section 1619
Advertising for bids; letting of contracts
Status: in_force

§ 1619. Advertising for bids; letting of contracts.  The trustees\nshall let all contracts for public work and all purchase contracts to\nthe lowest responsible bidder after advertisement for bids where so\nrequired by section one hundred three of the general municipal law.\n
N.Y. SOS Law § 461-O — New York Code / Act SOS / Article 7 / Title 2 / Section 461-O
Complaint investigation procedures
Status: in_force

§ 461-o. Complaint investigation procedures. The department shall\nestablish procedures governing the receipt and investigation of\ncomplaints regarding the care afforded to residents of adult care\nfacilities consistent with article eleven of this chapter, as\napplicable. Such procedures shall assure the confidentiality of the\ncomplainant. Such procedures shall include but not be limited to the\nprocedures for reporting complaints, either in writing or orally to the\ndepartment, and the time frames governing the investigation of any such\ncomplaints submitted to the department. Provided however, if any\ncomplaint alleges the abuse or neglect of a resident or involves an\nincident that exposes a resident to cruel or unsafe care or otherwise\nrepresents a serious resident care issue, the department shall ensure\nthat an investigation of any such complaint is initiated immediately and\nin no event commenced less than seventy-two hours from the time such\ncomplaint is received by the department. Upon the conclusion of the\ninvestigation by the department the operator and the complainant shall\nbe notified in writing of the results of such investigation or, as\napplicable, pursuant to article eleven of this chapter.\n
N.Y. EDN Law § 1509 — New York Code / Act EDN / Title 2 / Article 31 / Section 1509
Hearing of objections to order for alteration without consent
Status: in_force

§ 1509. Hearing of objections to order for alteration without consent.\n1. Within ten days after making and filing such order the district\nsuperintendent shall give at least a week's notice in writing to the\ntrustees of all districts affected by the proposed alterations, that at\na specified time, and at a named place within the town in which one of\nthe districts to be affected lies, he will hear the objections to the\nalteration.\n  2. The trustees of any district to be affected by such order may\nrequest the supervisor and town clerk of each of the towns, within which\nsuch districts shall wholly or partly lie, to join with the district\nsuperintendent as a local board.\n  3. At the time and place mentioned in the notice, such superintendent,\nwith the supervisors and town clerks, if they shall attend and act,\nshall hear and decide the matter, and the decision shall be final unless\nduly appealed from.  Such decision must either affirm or vacate such\norder, and must be filed with and recorded by the town clerk of the town\nin which the property to be transferred shall lie, and a tie vote shall\nbe regarded a decision for the purposes of an appeal on the merits.\nUpon such appeal the commissioner of education may affirm, modify or\nvacate the order of the district superintendent or the action of the\nlocal board.\n  4. A supervisor and town clerk shall be entitled each to one dollar\nand fifty cents a day for each day's service in any proceeding under\nthis section, to be levied and paid as a charge upon their town.\n
N.Y. MDW Law § 52 — New York Code / Act MDW / Article 3 / Title 2 / Section 52
Stairs
Status: in_force

§ 52. Stairs. 1. In every multiple dwelling erected after April\neighteenth, nineteen hundred twenty-nine, every interior stair,\nfire-stair and fire-tower and every exterior stair in connection with\nany dwelling altered or erected after January first, nineteen hundred\nfifty-one, shall be provided with proper balustrades or railings and all\nsuch interior and exterior stairs shall be kept in good repair and free\nfrom any encumbrance. Every such stair, fire-stair and fire-tower more\nthan three feet eight inches wide shall be provided with a handrail on\neach side.\n  2. The upper surface of every balustrade or railing placed in any\nstair after April eighteenth, nineteen hundred twenty-nine, shall be at\nleast two feet six inches and at most two feet eight inches above the\nfront edge of the stair treads, and at any stair landing shall be at\nleast two feet eight inches and at most three feet above the level of\nsuch landing.\n  3. The treads and risers of every stair, fire-stair and fire-tower\nconstructed after April eighteenth, nineteen hundred twenty-nine, in any\nmultiple dwelling shall be of uniform height and width in any one\nflight. Each tread, exclusive of nosing, shall be not less than nine and\none-half inches wide; each riser shall not exceed seven and\nthree-quarters inches in height; and the product of the number of inches\nin the width of the tread and the number of inches in the height of the\nriser shall be at least seventy and at most seventy-five.\n  4. No winding stairs shall be constructed in any multiple dwelling.\n  5. a. Except as otherwise provided in paragraph b of this subdivision,\nevery stair constructed after April eighteenth, nineteen hundred\ntwenty-nine, leading to a cellar or basement from the first story above\nshall be entirely enclosed with fireproof walls and be provided with\nfireproof doors and assemblies at both top and bottom, with the doors\nself-closing; except that, in a non-fireproof multiple dwelling erected\nbefore such date, where such a stair is permitted such enclosing walls\nmay be fire-retarded.\n  b. When the first floor or a part thereof, in a fireproof multiple\ndwelling, is used for business purposes, a stair leading to a cellar or\nbasement from such business space shall be enclosed in fireproof walls\nhaving a fire-resistive rating of at least three hours and be provided\nwith a fireproof door and assembly at the bottom, with the door\nself-closing. No opening shall be permitted between such business space\nand the remainder of the dwelling.\n  6. The department shall have the power to make supplementary\nregulations relating to fire-towers.\n  7. In every multiple dwelling erected under plans filed with the\ndepartment after January first, nineteen hundred sixty, on every story\nabove the entrance story every door opening into such stair shall be so\nhung and arranged that in opening and when opened it shall at no point\nreduce the clear and unobstructed required width of the stair or stair\nlanding.\n  8. The provisions of this section shall not apply to a stair within an\napartment provided that each level of the apartment is provided with\nrequired means of egress complying with the provisions of this article.\n
N.Y. RPT Law § 489-FF — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-FF
Average railway revenues and expenses
Status: in_force

§ 489-ff. Average railway revenues and expenses. 1. The average\nrailway revenues shall be determined for each railroad company as\nfollows:\n  (a) Ascertain so far as may be practicable the revenues which such\nrailroad company is entitled to receive from transportation service and\nfrom operations incident thereto and from rents derived from property,\nother than transportation equipment, used for transportation purposes,\nand either increase that amount by the net rental receivable or decrease\nit by the net rental payable for the possession or use of transportation\nequipment;\n  (b) Average the revenue ascertained pursuant to paragraph (a) of this\nsubdivision for the most recent five fiscal years ending on or before\nthe last day of December immediately preceding the tentative\ndetermination of the railroad ceiling. If a railroad company shall have\noperated for less than such five years, then average the revenue for the\nnumber of years of operation immediately preceding the tentative\ndetermination of the railroad ceiling. The result shall be the average\nrailway revenues.\n  2. The average railway expenses shall be determined for each railroad\ncompany as follows:\n  (a) Ascertain so far as may be practicable the expenses incurred in\nfurnishing transportation service and in operations incident thereto,\nincluding the expense of rents on and maintenance and depreciation of\nthe property used in the service and taxes for old-age retirement and\nunemployment insurance but excluding all other taxes;\n  (b) Average the expenses ascertained pursuant to paragraph (a) of this\nsubdivision for the most recent five fiscal years ending on or before\nthe last day of December immediately preceding the tentative\ndetermination of the railroad ceiling. If a railroad company shall have\noperated for less than such five years, then average the expenses for\nthe number of years of operation immediately preceding the tentative\ndetermination of the railroad ceiling. The result shall be the average\nrailway expenses.\n  3. If on the effective date of this title, the major portion of the\nproperty of a railroad company and the management and control of such\ncompany are located outside of the territorial limits of the United\nStates, the average railway revenues and expenses of such railroad\ncompany shall consist of the revenues and expenses as defined above\nattributable to transportation operations in the United States.\n  4. In making determinations under this section, the commissioner shall\nconsider the information contained in the income, profit and loss\nstatements and other financial statements of each railroad company filed\nwith the interstate commerce commission, and the accounting records\nmaintained by such railroad company in accordance with the uniform\nsystem of accounts for railroad companies prescribed by the interstate\ncommerce commission. The commissioner may consider information available\nfrom the commissioner of transportation or other regulatory agency\nhaving jurisdiction over the accounts of such railroad company, as well\nas information available from other sources, including reports required\npursuant to section four hundred eighty-nine-nn of this chapter, and\nsuch other information as may be available to it.\n
N.Y. RPT Law § 466-C — New York Code / Act RPT / Article 4 / Title 2 / Section 466-C
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-c. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of ninety-five thousand inhabitants\nbut less than ninety-six thousand inhabitants, determined in accordance\nwith the latest decennial federal census, shall be exempt from taxation\nto the extent of ten percent of the assessed value of such property for\ncity, village, town, part town, special district, county or school\ndistrict purposes, exclusive of special assessments, provided that the\ngoverning body of a city, village, town, county or school district,\nafter a public hearing, adopts a local law, ordinance or resolution\nproviding therefor; provided further, however, that such exemption shall\nin no event exceed three thousand dollars multiplied by the latest state\nequalization rate for the assessing unit in which such real property is\nlocated.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town, village or school\ndistrict which is served by such incorporated volunteer fire company or\nfire department or incorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such a county provided that the governing body of a city,\nvillage, town or county, after a public hearing, adopts a local law,\nordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 7 § 466-c's\n  * NB Repealed December 9, 2028\n
N.Y. EDN Law § 1513 — New York Code / Act EDN / Title 2 / Article 31 / Section 1513
Order creating consolidated district; effect
Status: in_force

§ 1513. Order creating consolidated district; effect.  The district\nsuperintendent shall thereupon, in case of an affirmative vote, issue an\norder consolidating such districts and creating a common school\ndistrict, or union free school district, as the case may be, designating\nsuch district by a simplified name in accordance with section three\nhundred fifteen of this chapter.  Such order shall take effect at some\ndate to be specified therein, not more than three months after the date\nof the meeting.  He shall file such order in the town clerk's office of\nthe town in which such districts are located.  If such districts are\nlocated in two or more supervisory districts, such order shall be\nexecuted jointly by the district superintendents of such districts.\nSuch order shall have the same effect as an order executed by a district\nsuperintendent dissolving two or more common school districts and\nforming a new district therefrom, or dissolving one or more of such\ndistricts and uniting the territory thereof to a union free school\ndistrict.\n
N.Y. GMU Law § 897 — New York Code / Act GMU / Article 18-A / Title 2 / Section 897
Town of Erwin industrial development agency
Status: in_force

* § 897. Town of Erwin industrial development agency. For the benefit\nof the town of Erwin and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the Town of Erwin Industrial\nDevelopment Agency, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter.  It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter. Its members shall be appointed by the\ngoverning body of the town of Erwin. The agency, its members, officers\nand employees, and its operations and actvities shall in all respects be\ngoverned by the provisions of title one of article eighteen-A of this\nchapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 485-A — New York Code / Act RPT / Article 4 / Title 2 / Section 485-A
Residential-commercial urban exemption program
Status: in_force

§ 485-a. Residential-commercial urban exemption program. 1.\nDefinitions.  As used in this section, the following terms shall have\nthe following meanings:\n  (a) "Municipality" means any town, city or village except for a city\nhaving more than one million inhabitants.\n  (b) "Applicant" means any person obligated to pay real property taxes\non the property for which an exemption from real property taxes under\nthis section is sought.\n  (c) "Commercial construction work" means the modernization,\nrehabilitation, expansion or other improvement of the portion of\nmixed-use property to be used for commercial purposes.\n  (d) "Commercial purpose or use" means (i) the buying, selling or\notherwise providing of goods or services directly to the public; or (ii)\na non-residential lawful use including, but not limited to, an office,\nhotel, retail store, brewery, distillery, restaurant, cafe, bar or\ntavern, gymnasium, theater, or entertainment venue which employs or is\nanticipated to employ a minimum of five employees primarily at the\nmixed-use property for which an exemption under this section is sought.\n  (e) "Mixed-use property" means property on which will exist, after\ncompletion of residential construction work or a combination of\nresidential construction work and commercial construction work, a\nbuilding or structure used for both residential and commercial purposes\nof which, at least forty percent of the building or structure's square\nfootage is devoted to residential purposes or use and at least fifteen\npercent of the building or structure's square footage is devoted to\ncommercial purposes or use.\n  (f) "Person" means an individual, corporation, limited liability\ncompany, partnership, association, agency, trust, estate, foreign or\ndomestic government or subdivision thereof, or other entity.\n  (g) "Residential construction work" means the creation, modernization,\nrehabilitation, expansion or other improvement of dwelling units, other\nthan dwelling units in a hotel, in the portion of mixed-use property to\nbe used for residential purposes.\n  (h) "Story above grade" means any story having its finished floor\nsurface entirely above grade.\n  (i) "Grade" shall mean the finished ground level adjoining the\nbuilding at all exterior walls.\n  2. Any municipality may, by local law, provide for the exemption of\nreal property from taxation as provided in this section. Upon the\nadoption of such a local law, the county in which such municipality is\nlocated may, by local law, and any school district, all or part of which\nis located in such municipality, may, by resolution, exempt such\nproperty from its taxation in the same manner and to the same extent as\nsuch municipality has done.\n  3. Upon the adoption of such a local law, non-residential real\nproperty, upon conversion to mixed-use property, shall be exempt from\ntaxation and special ad valorem levies as provided for in subdivision\nfour of this section.\n  4. (a) (i) For a period of twelve years from the approval of an\napplication, the increase in assessed value of such property\nattributable to such conversion shall be exempt as provided in\nsubparagraph (ii) of this paragraph. Such exemption shall be computed\nwith respect to the "exemption base". The exemption base shall be\ndetermined for each year in which there is an increase in assessed value\nso attributable from that of the previous year's assessed value.\n  (ii) The following table shall illustrate the computation of the tax\nexemption:\n      Year of exemption                      Percentage of exemption\n          1 through 8                        100% of exemption base\n          9                                  80% of exemption base\n          10                                 60% of exemption base\n          11                                 40% of exemption base\n          12                                 20% of exemption base\n  (b) No such exemption shall be granted unless:\n  (i) such conversion was commenced subsequent to the date on which the\nmunicipality's local law took effect; and\n  (ii) the cost of such conversion exceeds the sum of ten thousand\ndollars or such greater amount as may be specified by local law.\n  (c) For purposes of this section the term conversion shall not include\nordinary maintenance and repairs.\n  (d) No such exemption shall be granted concurrent with or subsequent\nto any other real property tax exemption granted to the same\nimprovements to real property, except, where during the period of such\nprevious exemption, payments in lieu of taxes or other payments were\nmade to the local government in an amount that would have been equal to\nor greater than the amount of real property taxes that would have been\npaid on such improvements had such property been granted an exemption\npursuant to this section. In such case, an exemption shall be granted\nfor a number of years equal to the twelve year exemption granted\npursuant to this section less the number of years the property would\nhave been previously exempt from real property taxes.\n  5. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of the municipality or\ncounty having the power to assess property for taxation on or before the\nappropriate taxable status date of such municipality or county.\n  6. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall be exempt from taxation and\nspecial ad valorem levies as in this section provided. The assessed\nvalue of any exemption granted pursuant to this section shall be entered\nby the assessor on the assessment roll with the taxable property, with\nthe amount of the exemption shown in a separate column.\n  7. (a) During the period of exemption pursuant to this section, the\nowner shall submit an annual certification to the assessor attesting\nthat the property complies with the provisions or requirements of this\nsection and any additional provisions or requirements as may be provided\nby local law. Failure to submit such certification shall result in\nrevocation of benefits. Such certification shall include at a minimum\nthe following:\n  (i) the types of residential use and the total above-grade square\nfootage and below-grade square footage of such use;\n  (ii) the types of commercial use and the total above-grade square\nfootage and below-grade square footage of such use;\n  (iii) attestation that the portion of the building used for commercial\npurposes is currently, as demonstrated by documentation submitted by the\napplicant, used as such or is in good faith contemplated to be used as\nsuch;\n  (iv) the specific address of the entrance through which the public\nenters the portion of the building used for commercial purposes;\n  (v) if the portion of the building intended to be used for commercial\npurposes is not currently in active use for such purposes and open to\nthe public, the reasons why it is not currently being used for\ncommercial purposes and open to the public; and\n  (vi) all such other information required by the municipality.\n  (b) If the assessor is satisfied that the applicant continues to be\nentitled to the exemption pursuant to this section, the assessor shall\napprove the certification and the real property shall remain exempt from\ntaxation and special ad valorem levies for another year as provided in\nthis section.\n  8. (a) The benefits of this section shall be revoked upon a finding by\nthe assessor that:\n  (i) the application for benefits hereunder or the annual certification\nrequired hereunder contains a false statement or false information as to\na material matter or omits a material matter;\n  (ii) the eligible real property fails to comply with one or more of\nthe provisions or requirements of this section or any provisions or\nrequirements provided by local law; or\n  (iii) the portion of the property devoted to commercial purposes has\nnot been in active use for commercial purposes and open to the public\nfor three consecutive years.\n  (b) Such revocation shall require the repayment of any benefits\npreviously granted pursuant to this section for any year during which\nthe property was non-compliant or the application or annual\ncertification contained a false statement or false information as to a\nmaterial matter or omitted a material matter.\n  (c) No benefits may be revoked unless the applicant has been given\nthirty days' notice of such revocation and has been given reasonable\nnotice to cure any failure to comply with the provisions of requirements\nof this section.\n  9. If the assessor determines that there was a material misstatement\nin an application filed by or on behalf of the owners for an exemption\npursuant to this section and that such misstatement provided the basis\nfor the granting of such exemption, the municipality shall proceed to\nimpose a penalty on the applicant of one thousand dollars in addition to\nrecovering the amount of any prior exemption granted.\n
N.Y. PBH Law § 4215 — New York Code / Act PBH / Article 42 / Title 2 / Section 4215
Cadavers; burial after autopsy and dissection
Status: in_force

§ 4215. Cadavers; burial after autopsy and dissection. 1. In all cases\nin which a dissection has been made, the provisions of this article,\nrequiring the burial or other lawful disposition of a body of a deceased\nperson, and the provisions of law providing for the punishment of\ninterference with or injuries to it, apply equally to the remains of the\nbody after dissection as soon as the lawful purposes of such dissection\nhave been accomplished.\n  2. In all cases in which an autopsy or dissection has been made of an\nunclaimed body, the provisions of this article requiring the burial or\nother lawful disposition of the body of a deceased person and punishing,\ninterference with or injuries to it, shall apply equally to the remains\nof such body as soon as the lawful purposes of such autopsy or\ndissection have been accomplished, except that the persons having\npossession of the body may, in their discretion, cause it to be either\nburied or cremated, or may retain parts of such body for scientific\npurposes.\n
N.Y. EDN Law § 2575-C — New York Code / Act EDN / Title 2 / Article 52 / Section 2575-C
Transfer of the director of attendance, assistant director of attendance, chief attendance officer, division supervising attendance offic...
Status: in_force

§ 2575-c. Transfer of the director of attendance, assistant director\nof attendance, chief attendance officer, division supervising attendance\nofficers and district supervising attendance officers, supervisors of\nschool social workers to the New York city teachers' retirement system.\nAny director of attendance, assistant director of attendance, chief\nattendance officer, division supervising attendance officers, and\ndistrict supervising attendance officers, supervisors of school social\nworkers who are members of the board of education retirement system of\nthe city of New York shall have the right to transfer his membership to\nthe teachers' retirement system of the city of New York.  In order to\neffect such transfer, such member must give notice to the board of\neducation retirement system of the city of New York, on or before\nDecember thirty-first, nineteen hundred seventy, of his intention to\ntransfer to said teachers' retirement system.  Upon receipt of such\nnotice, the board of education retirement system shall transfer to such\nteachers' retirement system the reserves, including the reserve for\nincreased take home pay, or such member's benefits in the manner\nprovided by section forty-three of the retirement and social security\nlaw.  The former system shall also transfer to the latter system the\nmember's accumulated deductions which shall become such member's\naccumulated deductions in the latter system.  A person so transferring\nshall be deemed to have been a member of the system to which he has\ntransferred during the entire period of membership service credited to\nhim in the system from which he has transferred.  Such transferee shall\nbe entitled to all the rights, privileges and benefits of the system to\nwhich he has transferred.  Upon his retirement, the mortality table in\neffect in the teachers' retirement system of the city of New York on the\ndate when he last became a member of the board of education retirement\nsystem shall apply.\n