N.Y. EXC Law § 508 — New York Code / Act EXC / Article 19-G / Title 2 / Section 508
Juvenile offender and adolescent offender facilities
Status: in_force

§ 508. Juvenile offender and adolescent offender facilities. 1. The\noffice of children and family services shall maintain secure facilities\nfor the care and confinement of juvenile offenders and adolescent\noffenders committed for a sentence pursuant to the sentencing provisions\nof the penal law. Such facilities shall provide appropriate services to\njuvenile offenders and adolescent offenders including but not limited to\nresidential care, educational and vocational training, physical and\nmental health services, and employment counseling.\n  2. Juvenile offenders and adolescent offenders shall be confined in\nsuch facilities until the age of twenty-one in accordance with their\nsentences, and shall not be released, discharged or permitted home\nvisits except pursuant to the provisions of this section.\n  3. The office of children and family services shall report in writing\nto the sentencing court and district attorney, not less than once every\nsix months during the period of confinement, on the status, adjustment,\nprograms and progress of the offender.\n  The office of children and family services may transfer an offender\nnot less than eighteen years of age to the department of corrections and\ncommunity supervision if the commissioner of the office certifies to the\ncommissioner of corrections and community supervision that there is no\nsubstantial likelihood that the youth will benefit from the programs\noffered by office facilities.\n  4. The office of children and family services may apply to the\nsentencing court for permission to transfer a youth not less than\nsixteen nor more than eighteen years of age to the department of\ncorrections and community supervision. Such application shall be made\nupon notice to the youth, who shall be entitled to be heard upon the\napplication and to be represented by counsel. The court shall grant the\napplication if it is satisfied that there is no substantial likelihood\nthat the youth will benefit from the programs offered by the office\nfacilities.\n  5. The office of children and family services may transfer an offender\nnot less than eighteen nor more than twenty-one years of age to the\ndepartment of corrections and community supervision if the commissioner\nof the office certifies to the commissioner of corrections and community\nsupervision that there is no substantial likelihood that the youth will\nbenefit from the programs offered by office facilities.\n  6. At age twenty-one, all juvenile offenders shall be transferred to\nthe custody of the department of corrections and community supervision\nfor confinement pursuant to the correction law.\n  7. While in the custody of the office of children and family services,\nan offender shall be subject to the rules and regulations of the office,\nexcept that his or her parole, temporary release and discharge shall be\ngoverned by the laws applicable to incarcerated individuals of state\ncorrectional facilities and his or her transfer to state hospitals in\nthe office of mental health shall be governed by section five hundred\nnine of this title; provided, however, that an otherwise eligible\noffender may receive the six-month limited credit time allowance for\nsuccessful participation in one or more programs developed by the office\nof children and family services that are comparable to the programs set\nforth in section eight hundred three-b of the correction law, taking\ninto consideration the age of offenders. The commissioner of the office\nof children and family services shall, however, establish and operate\ntemporary release programs at office of children and family services\nfacilities for eligible juvenile offenders and adolescent offenders and\ncontract with the department of corrections and community supervision\nfor the provision of parole supervision services for temporary\nreleasees. The rules and regulations for these programs shall not be\ninconsistent with the laws for temporary release applicable to\nincarcerated individuals of state correctional facilities. For the\npurposes of temporary release programs for juvenile offenders and\nadolescent offenders only, when referred to or defined in article\ntwenty-six of the correction law, "institution" shall mean any facility\ndesignated by the commissioner of the office of children and family\nservices, "department" shall mean the office of children and family\nservices, "incarcerated individual" shall mean a juvenile offender or\nadolescent offender residing in an office of children and family\nservices facility, and "commissioner" shall mean the commissioner of the\noffice of children and family services. Time spent in office of children\nand family services facilities and in juvenile detention facilities\nshall be credited towards the sentence imposed in the same manner and to\nthe same extent applicable to incarcerated individuals of state\ncorrectional facilities.\n  8. Whenever a juvenile offender, adolescent offender or a juvenile\noffender or adolescent offender adjudicated a youthful offender shall be\ndelivered to the director of an office of children and family services\nfacility pursuant to a commitment to the office of children and family\nservices, the officer so delivering such person shall deliver to such\nfacility director a certified copy of the sentence received by such\nofficer from the clerk of the court by which such person shall have been\nsentenced, a copy of the report of the probation officer's investigation\nand report, any other pre-sentence memoranda filed with the court, a\ncopy of the person's fingerprint records, a detailed summary of\navailable medical records, psychiatric records and reports relating to\nassaults, or other violent acts, attempts at suicide or escape by the\nperson while in the custody of a local detention facility.\n  9. Notwithstanding any provision of law, including section five\nhundred one-c of this article, the office of children and family\nservices shall make records pertaining to a person convicted of a sex\noffense as defined in subdivision (p) of section 10.03 of the mental\nhygiene law available upon request to the commissioner of mental health\nor the commissioner of the office for people with developmental\ndisabilities, as appropriate; a case review panel; and the attorney\ngeneral; in accordance with the provisions of article ten of the mental\nhygiene law.\n
N.Y. EDN Law § 1717 — New York Code / Act EDN / Title 2 / Article 35 / Section 1717
Corporate authorities must raise tax certified by board of education
Status: in_force

§ 1717. Corporate authorities must raise tax certified by board of\neducation.  1. The corporate authorities of any incorporated village in\nwhich any such union free school district shall be established, shall\nhave power, and it shall be their duty, to raise, from time to time, by\ntax, to be levied upon all the real property in said village, as by law\nprovided for the defraying of the expenses of its municipal government,\nsuch sum as the board of education established therein shall declare\nnecessary for teachers' salaries and the ordinary contingent expenses of\nsupporting the schools of said district.\n  2. The sums so declared necessary shall be set forth in a detailed\nstatement in writing, addressed to the corporate authorities by the\nboard of education, giving the various purposes of anticipated\nexpenditure, and the amount necessary for each; and the said corporate\nauthorities shall have no power to withhold the sums so declared to be\nnecessary; and such corporate authorities as aforesaid shall have power\nand it shall be their duty to raise, from time to time, by tax as\naforesaid, any such further sum to be set forth in a detailed statement\nin writing, addressed to the corporate authorities by the board of\neducation, giving the various purposes of the proposed expenditure, and\nthe amount necessary for each which may have been or which may hereafter\nbe authorized by a majority of the voters of such union free school\ndistrict present and voting at any special district meeting duly\nconvened for any of the purposes stated in section four hundred sixteen\nof this chapter.\n
N.Y. PBH Law § 329 — New York Code / Act PBH / Article 3 / Title 2 / Section 329
Local health officer; immunity from personal liability
Status: in_force

§ 329. Local health officer; immunity from personal liability.  1. No\nhealth officer, inspector, investigator, public health nurse, or other\nrepresentative of a health officer, and no person or persons other than\nthe county, city, village or town by which such health officer or\nrepresentative thereof is employed shall be sued or held to liability\nfor any act done or omitted by any such health officer or representative\nof a health officer in good faith and with ordinary discretion on behalf\nor under the direction of such county, city, village or town pursuant to\nits regulations or ordinances, or the sanitary code, or this chapter.\n  2. Any person whose property may have been unjustly or illegally\ndestroyed or injured pursuant to any order, regulation or ordinance, or\naction of any board of health or health officer, or representative of a\nhealth officer, for which no personal liability may exist as aforesaid,\nmay maintain a proper action against the county, city, village or town\nfor the recovery of proper compensation or damages. Every such suit must\nbe brought within six months after the cause of action arose and the\nrecovery shall be limited to the damages suffered.\n
N.Y. RPT Law § 421-PP — New York Code / Act RPT / Article 4 / Title 2 / Section 421-PP
Exemption of newly converted or constructed fully income restricted rental multiple dwellings
Status: in_force

§ 421-pp. Exemption of newly converted or constructed fully income\nrestricted rental multiple dwellings. 1. (a) A city, town or village\nmay, by local law, provide for the exemption of rental multiple\ndwellings constructed or converted in a benefit area designated in such\nlocal law from taxation and special ad valorem levies, as provided in\nthis section. Subsequent to the adoption of such a local law, any other\nmunicipal corporation in which the designated benefit area is located\nmay likewise exempt such property from its taxation and special ad\nvalorem levies by local law, or in the case of a school district, by\nresolution.\n  (b) As used in this section, the term "benefit area" means the area\nwithin a city, town or village, designated by local law, to which an\nexemption, established pursuant to this section, applies.\n  (c) As used in this section, the term "rental multiple dwelling" means\na structure, other than a hotel, consisting of ten or more dwelling\nunits, where all but a maximum of two of the units are rented for\nresidential purposes, and all of such units, upon initial rental and\nupon each subsequent rental following a vacancy during the restriction\nperiod or extended restriction period, as applicable, is affordable to\nand restricted to occupancy by individuals or families whose household\nincome does not exceed a weighted average of no less than sixty percent\nof the area median income and no more than eighty percent of the area\nmedian income, adjusted for family size, at the time that such\nhouseholds initially occupy such dwelling units, provided further that\nall of the income restricted units upon initial rental and upon each\nsubsequent rental following a vacancy during the restriction period or\nextended restriction period, as applicable, shall be affordable to and\nrestricted to occupancy by individuals or families whose household\nincome does not exceed one hundred percent of the area median income,\nadjusted for family size, at the time that such households initially\noccupy such dwelling units. The two residential units that are not\nincome restricted must be occupied by superintendents, caretakers,\nmanagers or other employees to whom the space is provided as part or all\nof their compensation without payment of rent and who are employed for\nthe purpose of rendering services in connection with the premises of\nwhich the housing accommodation is a part. In the event no unit is\nprovided or rented to such an employee, all units in the building must\nbe income restricted pursuant to this paragraph. Provided further that\nany local law authorizing an exemption pursuant to this section may\nprovide for the area median income weighted average within the amounts\nset forth in this paragraph. Such restriction period shall be in effect\ncoterminous with the benefit period, provided, however, that the tenant\nor tenants in an income restricted dwelling unit at the time such\nrestriction period ends shall have the right to lease renewals at the\nincome restricted level until such time as such tenant or tenants\npermanently vacate the dwelling unit.\n  2. Eligible newly-constructed or converted rental multiple dwellings\nin a designated benefit area shall be wholly exempt from taxation while\nunder construction, subject to a maximum of three years. Such property\nshall then be exempt for an additional period of thirty years. Provided,\nhowever:\n  (a) Taxes shall be paid during the exemption period in an amount to be\ndetermined by the local law providing the exception pursuant to this\nsection, provided, however, that amount shall be no greater than ten per\ncentum of the shelter rent of the eligible rental multiple dwelling\nexempted pursuant to this section.\n  (b) No other exemption may be granted concurrently to the same\nimprovements under any other section of law.\n  3. To be eligible for exemption under this section, any new\nconstruction shall take place on vacant, predominantly vacant or\nunderutilized land, or on land improved with a non-conforming use or on\nland containing one or more substandard or structurally unsound\ndwellings, or a dwelling that has been certified as unsanitary by the\nlocal health agency. The provisions of this subdivision shall not apply\nto any new conversions undertaken pursuant to this section.\n  4. Application for exemption under this section shall be made on a\nform prescribed by the commissioner and filed with the assessor on or\nbefore the applicable taxable status date.\n  5. In the case of newly constructed property which is used partially\nas a rental multiple dwelling and partially for commercial or other\npurposes, the portion of the newly constructed property that is used as\na rental multiple dwelling shall be eligible for the exemption\nauthorized by this section if:\n  (a) the square footage of the portion used as a rental multiple\ndwelling represents at least fifty percent of the square footage of the\nentire property;\n  (b) the rental units are affordable to individuals or families as\ndetermined according to the criteria set forth in paragraph (c) of\nsubdivision one of this section; and\n  (c) the requirements of this section are otherwise satisfied with\nrespect to the portion of the property used as a rental multiple\ndwelling.\n  6. The exemption authorized by this section shall not be available in\na city with a population of one million or more.\n  7. Any recipient of the exemption authorized by this section or their\ndesignee shall certify compliance with the provisions of this section\nunder penalty of perjury, at such time or times and in such manner as\nmay be prescribed in the local law adopted by the city, town or village\npursuant to paragraph (a) of subdivision one of this section, or by a\nsubsequent local law. Such city, town or village may establish such\nprocedures as it deems necessary for monitoring and enforcing compliance\nof an eligible building with the provisions of this section.\n
N.Y. GMU Law § 926-D — New York Code / Act GMU / Article 18-A / Title 2 / Section 926-D
City of Middletown industrial development agency
Status: in_force

* § 926-d. City of Middletown industrial development agency. For the\nbenefit of the city of Middletown and the inhabitants thereof, an\nindustrial development agency, to be known as the CITY OF MIDDLETOWN\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Middletown, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the city of\nMiddletown. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 1913 — New York Code / Act EDN / Title 2 / Article 39 / Section 1913
Laying out; referendum procedure
Status: in_force

§ 1913. Laying out; referendum procedure.  1. The commissioner is\nauthorized to lay out a central high school district for the\nestablishment and maintenance of instruction for secondary pupils in\ngrades seven through twelve and to fix its boundaries.\n  2. Within ten days after the making and entry of the order pursuant to\nthis section, the commissioner shall transmit a certified copy thereof\nto the clerk, or in the event there is no clerk, to the trustee or\ntrustees of each school district affected by such order. The clerk, the\ntrustee or trustees, as the case may be, shall, within five days after\nreceipt of such order, post a copy thereof in five conspicuous places in\nsuch district.\n  3. No central high school district laid out by order of the\ncommissioner shall operate as such until it has been established by the\nqualified voters of the district in accordance with the provisions of\nthis article.\n  4. Upon the request of the boards of education of two or more school\ndistricts involved, or upon the receipt of petitions representing\nqualified voters equal to ten percent of resident school age pupils from\neach of a majority of the districts to be included, the commissioner\nshall order a referendum to be conducted in each of the districts\nincluded in the proposed reorganization. The conduct of such referenda\nshall be consistent with the provisions of sections eighteen hundred\none, eighteen hundred two, eighteen hundred three and eighteen hundred\nfour of this chapter, except as specifically provided in this article.\nIf the resolution to establish the central high school district is\npassed in all of the districts, the central high school district shall\nbe established as laid out. If the proposition to establish the central\nhigh school district shall fail to receive a majority of the votes cast\nin any district, the order laying out such central high school district\nshall be deemed void. However, nothing herein contained shall prevent\nthe commissioner from issuing a new order and ordering a vote in\ndistricts in which a resolution shall have received a majority of the\nvotes cast. An order defeated at the polls may not be reissued for two\nyears.  Notwithstanding any inconsistent provision of law, upon consent\nof the commissioner and each of the boards of education of the school\ndistricts involved, there may also be offered before the qualified\nvoters of all the districts, at the same time as the referendum to form\na central high school district, a bond referendum for the construction\nof a new high school to serve as the central high school of the new\ncentral high school district, provided, however, that if either\nreferendum shall fail to gain approval, both shall be deemed to have\nfailed and provided, further, that the boards of education of the school\ndistricts involved shall submit the proposition and that such\nproposition shall be deemed to have been submitted by the board of\neducation of the newly formed central high school district. The board of\neducation of the central high school district subsequently formed shall\nbe authorized to carry out all acts necessary to effectuate such\nconstruction, and such board shall be deemed to have assumed full\nauthority to take all action necessary and to proceed with all other\nbusiness to establish the central high school district and to enter into\nany and all contracts, including but not limited to construction\ncontracts, and be eligible for any and all state aid and state aid\nreimbursement pursuant to subdivision six and paragraph c of subdivision\nfourteen of section thirty-six hundred two of this chapter, provided\nthat the percent increase pursuant to such paragraph c shall be thirty,\nand shall be in effect for expenditures incurred on or after the date\nupon which a bond referendum for the construction of a new high school\nto serve as the central high school of the new central high school\ndistrict is offered before the qualified voters of the district.\n
N.Y. RPT Law § 421-Q — New York Code / Act RPT / Article 4 / Title 2 / Section 421-Q
Exemption from taxation for capital improvements to residential buildings to reduce carbon emissions
Status: in_force

§ 421-q. Exemption from taxation for capital improvements to\nresidential buildings to reduce carbon emissions. 1. For the purposes of\nthis section, the following terms shall have the following meanings:\n  (a) "Eligible real property" means any owner-occupied building or\nstructure designed and occupied exclusively for residential purposes by\nnot more than two families.\n  (b) "Eligible improvements" shall be limited to categories of work\nthat result in a reduction of greenhouse gas emissions for the building,\nprovided further that such work shall be in conformity with all\napplicable state and local laws. Eligible improvements shall include,\nbut not be limited to, any of the following types of improvements:\n  (i) Replacement, repair or installation of new systems for heating or\ncooling, including domestic hot water;\n  (ii) Installation of solar, energy storage, or other mechanisms to\noffset use of energy from the electrical grid;\n  (iii) Replacement or installation of insulation in walls, roofs,\nflooring, windows, eaves, and around pipes;\n  (iv) Replacement or installation of thermostats to control temperature\nand building management systems;\n  (v) Installation of energy efficient appliances, fixtures, or\nlighting; and\n  (vi) Repair, replacement or modification of the electrical system,\nand/or wiring associated therewith.\n  (c) "Exemption base" means the amount of increased assessed value on\neligible real property resulting from eligible improvements.\n  2. Eligible real property reconstructed, altered or improved as a\nresult of eligible improvements subsequent to the effective date of this\nsection shall be exempt from taxation and special ad valorem levies to\nthe extent provided in this section, provided that after a public\nhearing, the governing board of the applicable county, city, town or\nvillage adopts a local law and a school district, other than a school\ndistrict subject to article fifty-two of the education law, adopts a\nresolution to grant the exemption authorized pursuant to this section. A\ncopy of such local law or resolution shall be filed with the\ncommissioner and the assessor of such county, city, town or village who\nprepares the assessment roll on which the taxes of such county, city,\ntown, village or school district are levied.\n  3. Eligible real property subject to eligible improvements shall be\nexempt from taxation for a period of twenty years. For the first ten\nyears after the eligible improvements have been completed, one hundred\npercent of the exemption base shall be exempt from taxation. Such\nexemption shall decrease by ten percent annually over the subsequent ten\nyears.\n  4. The exemption established in this section shall be granted only\nupon application by the owner of such building on a form prescribed by\nthe commissioner. The application shall be filed with the assessor of\nthe city, town, village or county having the power to assess the\napplicable eligible real property for taxation on or before the\nappropriate taxable status date of such city, town, village or county.\n  5. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch eligible real property shall thereafter be exempt from taxation and\nspecial ad valorem levies as herein provided commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision four 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 eligible property, with the\namount of the exemption shown in a separate column.\n  6. In the event that eligible real property granted an exemption\npursuant to this section ceases to be used primarily for residential\npurposes or title thereto is transferred to other than the heirs or\ndistributees of the owner, the exemption granted pursuant to this\nsection shall cease.\n  7. (a) A county, city, town or village may, by its local law, or\nschool district, by its resolution may:\n  (i) reduce the per centum of exemption otherwise allowed pursuant to\nthis section; or\n  (ii) limit or expand eligible improvements eligible for exemption\npursuant to this section.\n  (b) No such local law or resolution shall reduce or repeal an\nexemption granted pursuant to this section until the expiration of the\nperiod for which such exemption was granted.\n
N.Y. RPT Law § 740 — New York Code / Act RPT / Article 7 / Title 2 / Section 740
Proceeding to review a special franchise assessment
Status: in_force

§ 740. Proceeding to review a special franchise assessment. 1. A\nspecial franchise assessment may be reviewed so far as practicable in\nthe manner prescribed by this article for reviewing an assessment of\nreal property.  Notwithstanding any other provision of this article to\nthe contrary, an assessing unit may commence a proceeding under this\nsection on the ground that the value of the property, prior to the\napplication of the equalization rate pursuant to section six hundred six\nof this chapter, is insufficient. This proceeding shall be consolidated\nwith any other proceeding commenced under this section by the owner of\nthe special franchise.\n  2. A petition and notice shall be served by delivering two copies to\nthe commissioner or to an officer or employee authorized by him or her\nto accept service, not more than sixty days after the written notice of\nthe final assessment prescribed by section six hundred eighteen of this\nchapter has been served. Where a proceeding is commenced by an assessing\nunit in which a special franchise is situated, an additional copy shall\nbe filed by the petitioner with the owner of that special franchise.\nWhere a proceeding is commenced by a special franchise owner, the\npetitioner, within ten days after service, shall file an additional copy\nwith the clerk of the city, town or village and with the clerk of the\nschool district in which that special franchise is situated except a\nschool district governed by the provisions of article fifty-two of the\neducation law.\n  3. Upon timely motion, an assessing unit or a special franchise owner\nshall be permitted to intervene in a proceeding commenced by the other\nunder subdivision one of this section.\n  4. A proceeding to review a special franchise assessment shall be\nmaintained against the commissioner and not against any other board or\nofficer unless otherwise directed by the supreme court or a justice\nthereof.\n  5. An adjudication made in any such proceeding shall be binding upon\n(a) the owner of the special franchise in question, (b) the local\nassessors and any ministerial officer who performs duties relative to\nthe collection of the taxes, in the same manner as though they had been\nparties to the proceeding.\n
N.Y. VAT Law § 203 — New York Code / Act VAT / Title 2 / Article 2 / Section 203
Oaths and acknowledgments
Status: in_force

§ 203. Oaths and acknowledgments. The commissioner of motor vehicles,\na deputy commissioner, an assistant deputy commissioner or a motor\nvehicle referee shall have power to administer oaths and take affidavits\nand acknowledgments in relation to any matter or proceeding in the\nexercise of the powers or the performance of the duties of the\ncommissioner under this chapter. Any officer or employee of the\ndepartment of motor vehicles, designated for that purpose by the\ncommissioner of motor vehicles, or any assistant to a county clerk as\nmay be designated by such county clerk, shall have power to take any\naffidavit or acknowledgment which any person is required to file with\nthe department of motor vehicles.\n
N.Y. PBA Law § 2827 — New York Code / Act PBA / Article 9 / Title 2 / Section 2827
Removal of authority members
Status: in_force

§ 2827. Removal of authority members. Except as otherwise provided in\nthis chapter, every member of every authority or commission heretofore\nor hereafter continued or created by this chapter, except ex-officio\nmembers, that is, members whose membership results by virtue of their\nincumbency of a public office, shall be removable by the public officer\nor public body which is empowered by this chapter to appoint such\nauthority or commission member, for inefficiency, breach of fiduciary\nduty, neglect of duty or misconduct in office, provided, however, that\nsuch member shall be given a copy of the charges against him and an\nopportunity of being heard in person, or by counsel, in his or her\ndefense upon not less than ten days' notice.\n
N.Y. RPT Law § 467-H — New York Code / Act RPT / Article 4 / Title 2 / Section 467-H
Partial abatement for certain rebuilt real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth...
Status: in_force

§ 467-h. Partial abatement for certain rebuilt real property seriously\ndamaged by the severe storm that occurred on the twenty-ninth and\nthirtieth of October, two thousand twelve in a city having a population\nof one million or more. 1. Generally. Notwithstanding any provision of\nany general, special or local law to the contrary, any city having a\npopulation of one million or more is hereby authorized and empowered to\nadopt and amend local laws in accordance with this section to grant a\npartial abatement of real property taxes for the fiscal year beginning\non the first of July, two thousand fourteen, in the amount provided in\nthis section to eligible real property as defined in subdivision three\nof this section on the first of July, two thousand fourteen. If legal\ntitle to eligible real property is held by one or more trustees, the\nbeneficial owner or owners shall be deemed to own the property for\npurposes of this section. Notwithstanding any provision of this article\nto the contrary, a property that is receiving benefits pursuant to any\nother section of this article shall not be prohibited from receiving a\npartial abatement pursuant to this section if such property is otherwise\neligible to receive such abatement.\n  2. Definitions. As used in this section:\n  a. "Actual assessed valuation" means the assessed valuation of real\nproperty prior to the calculation of any transitional assessed valuation\npursuant to subdivision three of section eighteen hundred five of this\nchapter, and which is not reduced by any exemption from real property\ntaxes.\n  b. "Annual tax" means the amount of real property tax that is imposed\non a property for a fiscal year, determined after reduction for any\namount from which the property is exempt, or which is abated, pursuant\nto applicable law.\n  c. "Annual tax attributable to improvements" means the amount of real\nproperty tax that is imposed on a property for a fiscal year, determined\nafter reduction for any amount from which the property is exempt, or\nwhich is abated, pursuant to applicable law, multiplied by a fraction,\nthe numerator of which is equal to the assessed valuation of the\nproperty for such fiscal year that is attributable to the improvements\non the property, and the denominator of which is the total assessed\nvaluation of the property for such fiscal year.\n  d. "Assessed valuation" means the assessed valuation of real property\nthat was used to determine the annual tax as defined in paragraph b of\nthis subdivision, and which is not reduced by any exemption from real\nproperty taxes. For real property classified as class two or class four\nreal property as defined in subdivision one of section eighteen hundred\ntwo of this chapter to which subdivision three of section eighteen\nhundred five of this chapter applies, unless otherwise provided, the\nassessed valuation is the lower of the actual assessed valuation as\ndefined in paragraph a of this subdivision and transitional assessed\nvaluation as defined in paragraph j of this subdivision.\n  e. "Assessed valuation attributable to improvements" means that\nportion of the assessed valuation of real property that was used to\ndetermine the annual tax attributable to improvements as defined in\nparagraph c of this subdivision, and which is not reduced by any\nexemption from real property taxes.\n  f. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or his or her designee.\n  g. "Department of finance" means the department of finance of a city\nhaving a population of one million or more.\n  h. "Improvements" means buildings and other articles and structures,\nsubstructures and superstructures erected upon, under or above the land,\nor affixed thereto, including bridges and wharves and piers and the\nvalue of the right to collect wharfage, cranage or dockage thereon.\n  i. "Total square footage of the improvements on the property" means,\nwith respect to a fiscal year, the square footage used by the department\nof finance in determining the assessed valuation attributable to\nimprovements on the property for such fiscal year.\n  j. "Transitional assessed valuation" is the assessed valuation\ncalculated pursuant to subdivision three of section eighteen hundred\nfive of this chapter, and which is not reduced by any exemption from\nreal property taxes.\n  3. Eligible real property. For purposes of this section, "eligible\nreal property" means any tax lot that contained, on the applicable\ntaxable status date, class one, class two or class four real property as\nsuch class of real property is defined in subdivision one of section\neighteen hundred two of this chapter, as to which:\n  a. the department of finance reduced the assessed valuation\nattributable to improvements on the property for the fiscal year\nbeginning on the first of July, two thousand thirteen from the assessed\nvaluation attributable to improvements on the property for the fiscal\nyear beginning on the first of July, two thousand twelve as a result of\ndamage caused by the severe storm that occurred on the twenty-ninth and\nthirtieth of October, two thousand twelve;\n  b. the department of finance increased the assessed valuation\nattributable to improvements on the property for the fiscal year\nbeginning on the first of July, two thousand fourteen from the assessed\nvaluation attributable to improvements on the property for the fiscal\nyear beginning on the first of July, two thousand thirteen; and\n  c. the assessed valuation attributable to improvements on the property\nfor the fiscal year beginning on the first of July, two thousand\nfourteen exceeds the assessed valuation attributable to improvements on\nthe property for the fiscal year beginning on the first of July, two\nthousand twelve.\n  4. Amount of partial abatement. a. Except as provided in paragraph c\nof this subdivision, eligible real property shall receive a partial\nabatement of the real property taxes due on such property equal to the\namount by which (1) the annual tax on the property for the fiscal year\nbeginning on the first of July, two thousand fourteen exceeds (2) the\nannual tax on the property for the fiscal year beginning on the first of\nJuly, two thousand twelve.\n  b. Notwithstanding paragraph a of this subdivision and except as\nprovided in paragraph c of this subdivision, the amount of the partial\nabatement of the real property taxes due on eligible real property\nclassified as class two or class four real property as defined in\nsubdivision one of section eighteen hundred two of this chapter to which\nsubdivision three of section eighteen hundred five of this chapter\napplies shall be equal to the amount of (1) the increase in the actual\nassessed valuation attributable to an addition to or improvement of the\nproperty as provided in subdivision five of section eighteen hundred\nfive of this chapter for the fiscal year beginning on the first of July,\ntwo thousand fourteen, (2) reduced by the increase in the actual\nassessed valuation attributable to an addition to or improvement of the\nproperty as provided in subdivision five of section eighteen hundred\nfive of this chapter for the fiscal year beginning on the first of July,\ntwo thousand fourteen, multiplied by a fraction, the numerator of which\nis the transitional assessed valuation for the fiscal year beginning on\nthe first of July, two thousand thirteen, and the denominator of which\nis the actual assessed valuation for the fiscal year beginning on the\nfirst of July, two thousand thirteen, (3) multiplied by the real\nproperty tax rate that is applicable to the property for the fiscal year\nbeginning on the first of July, two thousand fourteen. Eligible real\nproperty shall not be eligible for an abatement under this section if\nthe fraction calculated in subparagraph two of this paragraph is equal\nto or greater than one.\n  c. In the event that the total square footage of the improvements on\nthe property for the fiscal year beginning on the first of July, two\nthousand fourteen exceeds the total square footage of the improvements\non the property for the fiscal year beginning on the first of July, two\nthousand twelve, the amount of the partial abatement shall be the amount\ncomputed by multiplying the amount calculated under paragraph a or b of\nthis subdivision by a fraction, the numerator of which is equal to the\namount of the total square footage of the improvements on the property\nfor the fiscal year beginning on the first of July, two thousand twelve,\nand the denominator of which is equal to the amount of the total square\nfootage of the improvements on the property for the fiscal year\nbeginning on the first of July, two thousand fourteen.\n  d. For property held in the cooperative form of ownership, the\nabatement shall be credited to each unit therein in an amount equal to\nthat proportion of the amount calculated under this subdivision that is\nattributable to such unit, as determined by the proportional\nrelationship of the owner's share or shares of stock in the cooperative\ncorporation that owns such real property to the total outstanding stock\nof the cooperative corporation.\n  e. Eligible real property shall not be eligible for an abatement under\nthis section if the amount of the abatement calculated pursuant to this\nsubdivision exceeds the annual tax on the property for the fiscal year\nbeginning on the first of July, two thousand fourteen.\n  5. Recovery of erroneous abatement.\n  a. For purposes of this section, an "erroneous abatement" means that:\n  (1) an abatement was granted to a property that was not entitled to an\nabatement under this section, or\n  (2) an abatement was applied or calculated in error under this\nsection.  In such event, the amount of the erroneous abatement shall be\nequal to the difference between the amount of the abatement originally\nreceived and the amount to which the property was entitled.\n  b. If the commissioner of finance determines that a property received\nan erroneous abatement, he or she shall recover such erroneous abatement\nby deducting the amount of the erroneous abatement from any refund or\nrebate otherwise payable to the owner, and any balance of the amount of\nthe erroneous abatement remaining unpaid shall constitute a tax lien on\nthe real property, as of the due and payable date provided on the next\ntax bill mailed by the commissioner of finance containing such amount.\nIf such amount is not paid by such due and payable date, interest at the\nrate applicable to delinquent real property taxes on such property shall\nbe charged and collected on such amount from the due and payable date\nprovided on such notice to the date of payment. Such tax lien shall be\nenforceable in accordance with the provisions of law relating to the\nenforcement of tax liens in any such city.\n  6. Reduction of assessed value. If the taxable assessed value of a\nproperty for the fiscal year beginning on the first of July, two\nthousand fourteen is reduced after the assessment roll applicable to\nsuch fiscal year becomes final, any abatement already granted pursuant\nto this section shall be adjusted accordingly. The difference between\nthe original abatement and the adjusted abatement shall be deducted from\nany credit otherwise due.\n  7. Rulemaking. The commissioner of finance shall be authorized to\npromulgate rules necessary to effectuate the purposes of this section.\n
N.Y. PBA Law § 1048-F — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-F
Water board
Status: in_force

§ 1048-f. Water board. 1. A city water board may be created by a\nspecial act of the state legislature at the request of the city, as a\nbody corporate and politic, constituting a corporate municipal\ninstrumentality of the state and having the powers and duties as\nprovided in this title.\n  2. The water board shall consist of seven members appointed by the\nmayor and confirmed by the common council of the city. Terms of office\nof the members shall be two years except that the terms of four of the\nboard members first appointed shall be one year. At least one member\nshall have experience in the science of water resource development. No\nmember shall be a director of the authority. The mayor shall appoint a\nchairman from among the members of the board. All members shall continue\nto hold office until their successors are appointed and qualified.\nVacancies shall be filled in the manner provided for original\nappointments. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled in the same manner as original appointments\nfor the unexpired terms.\n  3. Each member of the water board shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of his\nofficial duties and a per diem allowance of one hundred fifty dollars\nwhen rendering service as a member; provided that the aggregate of such\nper diem allowance to any one member in any one fiscal year of the board\nshall not exceed the sum of five thousand dollars.\n  4. Notwithstanding any inconsistent provision of law, general, special\nor local, or any city charter, no officer or employee of the city shall\nbe deemed to have forfeited or shall forfeit his office or employment or\nany benefits provided under the retirement and social security law, by\nreason of his acceptance of membership on the water board, provided,\nhowever, that a member of the board who holds other public office or\nemployment shall receive no additional compensation for services\nrendered pursuant to this title, but shall be entitled to reimbursement\nfor his actual and necessary expenses incurred in the performance of\nsuch services.\n  5. The mayor may remove any member for inefficiency, neglect of duty\nor misconduct in office after giving such member a copy of the charges\nagainst such member and an opportunity to be heard and defended, in\nperson or by counsel, upon not less than ten days' notice. If any member\nshall be so removed, the mayor shall file in the office of the clerk of\nthe city a complete statement of charges against such member, and the\nmayor's findings thereon, together with a complete record of the\nproceedings.\n  6. Members of the water board, other than members holding other public\noffice or employment, may engage in private employment, or in a\nprofession or business, subject to the limitations contained in chapter\neight section ninety-two of the Buffalo code of ordinances.\n  7. A majority of the members of the water board shall constitute a\nquorum for the transaction of any business or the exercise of any power\nof the board. The water board shall have power to act by the affirmative\nvote of not less than a majority of the members in office at any duly\nheld meeting thereof. The water board may delegate to one or more of its\nmembers or its officers, agents and employees, such powers and duties as\nit may deem proper. Any member who is an officer of the city may, by\nwritten instrument, filed with and approved as to form by the board,\ndesignate another city officer to perform in his absence his duties\nunder this title. The term "member" as used in this section shall\ninclude such persons so designated as provided herein.  The designation\nof any such person shall be deemed temporary only and shall not affect\nthe civil service or retirement rights of the person so designated.\n  8. The water board and its corporate existence shall continue so long\nas it shall have contractual duties or obligations outstanding and until\nits existence shall be terminated by law. Upon termination of the\nexistence of the water board, all of the rights and assets of the water\nboard then remaining shall pass to and vest in the city.\n  9. It is hereby determined and declared that the water board and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the city and the state, for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the water board is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. ELN Law § 17-218 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-218
Attorneys' fees
Status: in_force

§ 17-218. Attorneys' fees. In any action to enforce any provision of\nthis title, the court shall allow the prevailing plaintiff party, other\nthan the state or political subdivision thereof, a reasonable attorneys'\nfee, litigation expenses including, but not limited to, expert witness\nfees and expenses as part of the costs. A plaintiff will be deemed to\nhave prevailed when, as a result of litigation, the defendant party\nyields much or all of the relief sought in the suit. Prevailing\ndefendant parties shall not recover any costs, unless the court finds\nthe action to be frivolous, unreasonable, or without foundation.\n
N.Y. RPT Law § 472 — New York Code / Act RPT / Article 4 / Title 2 / Section 472
Pharmaceutical societies
Status: in_force

§ 472.  Pharmaceutical societies. 1.  Real property from which no rent\nis derived situated within a city having a population of one hundred\nseventy-five thousand or more according to the latest federal census and\nowned by an incorporated pharmaceutical society which is either wholly\nor partly within such city, which society has heretofore been or may\nhereafter be authorized and empowered by act of the legislature to\nestablish and which has established or may hereafter establish, a\ncollege of pharmacy in such city shall be exempt from taxation, provided\nthat such property is used exclusively for the purposes of such college,\nand provided further that such property shall be taxable by any\nmunicipal corporation within which it is located if the governing board\nof such municipal corporation, after public hearing, adopts a local law,\nordinance or resolution so providing.  Any such local law, ordinance or\nresolution may be amended or repealed.  The provisions of subdivision\nsix of section four hundred twenty-b of this article shall apply to any\nsuch real property.\n  2.  If any provision of this section or the application thereof to any\nperson or circumstances is held unconstitutional, the remainder of this\nsection and the application of such provision to other persons or\ncircumstances shall not be affected thereby.\n
N.Y. GMU Law § 894-C — New York Code / Act GMU / Article 18-A / Title 2 / Section 894-C
Town of Moreau industrial development agency
Status: in_force

* § 894-c. Town of Moreau industrial development agency. For the\nbenefit of the Town of Moreau and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the TOWN OF MOREAU 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 and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Moreau, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Moreau. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 2814 — New York Code / Act EDN / Title 2 / Article 55 / Section 2814
Omnibus school violence prevention grant program
Status: in_force

§ 2814. Omnibus school violence prevention grant program. 1. Within\namounts appropriated for implementation of extended day programs and\nschool violence prevention programs, the commissioner is hereby\nauthorized and directed to award grants on a competitive basis to school\ndistricts. Such grants shall be for one or more of the following\npursuant to this section: school safety and violence prevention programs\nconsistent with the purposes of the school safety plans required by\nsection twenty-eight hundred one-a of this article and extended day\nactivities defined in this section. School districts shall be prohibited\nfrom using funds awarded pursuant to this section to displace school\ndistrict after-school funding in existence as of the effective date of\nthis article.\n  a. School safety activities. Programs eligible for funding pursuant to\nthis section may include, but not be limited to: (i) safe corridors\nprograms; (ii) diversity programs; (iii) collaborative school safety\nprograms with law enforcement agencies or community-based organizations;\n(iv) metal detectors, intercom and other intra-school communication\ndevices and other devices to increase school security and the safety of\nschool personnel and students; (v) programs which facilitate and promote\ncommunity involvement in school facility planning; (vi) school\nanti-violence education programs; and (vii) other programs including\ncomprehensive school-based intervention models, approved by the\ncommissioner, that reduce violence and improve school safety.\nComprehensive school based intervention models shall coordinate with and\ncollaborate with other services currently being provided in the school\ndistrict, incorporate appropriate school violence prevention and\nintervention services, and coordinate appropriate funding sources to\nensure the efficient delivery of services. Such comprehensive\nschool-based intervention models shall also include provisions for the\ninvolvement of teachers, parents, school administrators in the\ndevelopment and implementation of the program, a detailed statement\nidentifying specific performance goals, a proposed timetable for\nimplementation and achievement of such goals and specific assessment\nmethods which will be used to measure student and school progress. For\npurposes of this section, school anti-violence education programs shall\ninclude school-based or school affiliated programs that are operated by\nnonprofit organizations during or after the school day and provides\nevidence-based trauma support and group counseling for youth impacted by\ngun violence, anti-gun violence education, or youth empowerment\nprogramming for students impacted by gun violence, and shall only be\ndeemed eligible if such programs identify measurable objectives and\nspecific assessment methods, and shall not include any program that uses\nfirearms for training or demonstration in such program.\n  b. Extended day activities. (i) Eligible extended day activities under\nthis paragraph shall be for programs conducted outside the regular\nschool day whereby students can participate in extra curricular\nenrichment activities including but not limited to athletics, academic\nenrichment, art, music, drama, academic tutoring, mentoring, community\nservices and related programs that will increase student achievement and\ncontribute to school violence prevention. Such activities conducted\noutside the regular school day shall be offered collaboratively between\nnot-for-profit educational organizations, community based organizations,\nother agencies approved by the commissioner and public elementary or\nsecondary schools, and where applicable, school districts.\n  (ii) Grantees receiving funding pursuant to this subdivision may\nexpend no more than five percent of grants for administration and no\nmore than five percent for grantee training.\n  2. In the event the appropriation for the purposes of this section in\nany year is insufficient to pay all claims pursuant to this subdivision,\nthe commissioner shall pay such claims on a prorated basis among all\ndistricts filing such claims until the appropriation is exhausted.\n  3. Programs supported by grants pursuant to this section shall not be\neligible aid pursuant to any other provision of this chapter.\n
N.Y. PBA Law § 1048-S — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-S
Bonds legal investment for fiduciaries
Status: in_force

§ 1048-s. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state, may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of this state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. EDN Law § 1607 — New York Code / Act EDN / Title 2 / Article 33 / Section 1607
Powers of trustees when vacancies on board exist
Status: in_force

§ 1607. Powers of trustees when vacancies on board exist.  1.  While\nthere is one vacancy in the office of trustee, the two trustees shall\nhave all the powers and be subject to all the duties and liabilities of\nthe three.  And while there are two such vacancies, the trustee in\noffice shall have all the powers and be subject to all the duties and\nliabilities of the three, as though he were a sole trustee.\n  2. When a vacancy shall occur in the office of trustee, the board\nshall immediately call a special meeting of the district to fill such\nvacancy.\n
N.Y. EDN Law § 1605 — New York Code / Act EDN / Title 2 / Article 33 / Section 1605
Powers and duties of a sole trustee
Status: in_force

§ 1605. Powers and duties of a sole trustee.  The sole trustee of a\ncommon school district shall possess all the powers and be subject to\nall the duties, liabilities and penalties which the law imposes upon a\nboard of three trustees.\n
N.Y. RPT Law § 536 — New York Code / Act RPT / Article 5 / Title 2 / Section 536
Certain state lands subject to taxation for school purposes only
Status: in_force

§ 536. Certain state lands subject to taxation for school purposes\nonly.  1. The following state lands shall be subject to taxation for\nschool purposes:\n  (a) Lands owned by the state, exclusive of the improvements erected\nthereon by the state, situate in the following school districts:\nCounty                School District               Town\nBroome                Common 4, 11                  Kirkwood\nDutchess              Common 2                      Amenia\n                      Common 1, 2                   Beckman\n                      Common 6, 8, 9                Dover\n                      Common 3, 4                   Fishkill\n                      Common 3                      LaGrange\nErie                  Common 3                      Collins\nHerkimer              Common 11, 12, 13             Russia\nLivingston            Common 7                      Groveland\nMadison               Common 8                      Eaton\nMonroe                Common 1                      Rush\nOneida                Union free 13                 Westmoreland and\n                                                     Rome (city)\nOrange                Common 1                      Cornwall\n                      Union free 4, 5               Cornwall\n                      Common 2                      Wallkill\n                      Common 16                     Warwick\nOrleans               Common 6                      Albion\nSaratoga              Common 5                      Saratoga Springs\n                                                      (city)\nSeneca                Common 5                      Ovid and Romulus\nSuffolk               Common 7                      Babylon\n                      Common 15                     Babylon and\n                                                      Huntington\n                      Common 16                     Huntington\n                      Union free 12, 13             Islip\n                      Common 5                      Smithtown\nSullivan              Common 4                      Fallsburgh\nUlster                Union free 2                  Wawarsing\nWestchester           Union free 1                  Ossining\nWyoming               Common 2, 3                   Attica\n  (b) Lands owned by the state, exclusive of the improvements erected\nthereon by the state, situate in the following towns:\n        County                          Town\n        Cattaraugus                     Carrollton\n                                        Cold Spring\n                                        Elko\n                                        Great Valley\n                                        Red House\n                                        Salamanca\n                                        South Valley\n        Clinton                         Ellenburg\n        Dutchess                        Hyde Park\n                                        Poughkeepsie\n        Greene                          Coxsackie\n        Oneida                          Lee\n                                        Marcy\n                                        Trenton\n                                        Western\n        Orange                          Highlands\n                                        Tuxedo\n                                        Woodbury\n        Rockland                        All towns\n  (c) Lands owned by the state situate in union free school district\nnumber one of the towns of Dannemora and Saranac, Clinton county, Mount\nMorris central school district number one of the towns of Mount Morris,\nLeicester, Groveland and West Sparta, Livingston county, except state\nlands constituting a portion of Letchworth park, central school district\nnumber two of the towns of Fort Ann, Hartford and Kingsbury, Washington\ncounty, and central school district number one of the towns of\nShawangunk, Plattekill, Gardiner and Marlborough, Ulster county and\nNewburgh and Montgomery, Orange county, exclusive of the improvements\nerected thereon by the state or maintained thereon by the state for the\nuse of state institutions, except improvements owned by the state and\noccupied exclusively for residential purposes by persons who pay rent\nfor such occupancy, or, if the occupants be state officials or\nemployees, who either pay such rent or have in their families children\nwho attend the school of one of such districts;\n  (d) Lands owned by the state, exclusive of the improvements erected\nthereon by the state, situate in common school district number two of\nthe town of Genesee Falls, Wyoming county, constituting a portion of\nLetchworth park, the title to which was vested in the state on December\nfirst, nineteen hundred ten.\n  * (e) Lands owned by the state, within the core preservation area of\nthe Central Pine Barrens area as described and bounded by subdivision\neleven of section 57-0107 of the environmental conservation law, situate\nin the following school districts:\nCounty                School District               Town\nSuffolk               Rocky Point Union Free        Brookhaven\n                      school district\n                                                    Brookhaven\n                      Eastport-South                Southampton\n                      Manor Central school\n                      district\n                      Longwood Central school       Brookhaven\n                      district\n                      Riverhead Central school      Brookhaven\n                      district                      Riverhead\n                                                    Southampton\n                      Hampton Bays Union Free       Southampton\n                      school district\n                      Shoreham-Wading River         Brookhaven\n                      Central school                Riverhead\n                      district\n  * NB Effective until ... (see 58/2018 Pt. CC § 5 for expiration\nprovisions)\n  * (e) Lands owned by the state, within the core preservation area of\nthe Central Pine Barrens area as described and bounded by subdivision\neleven of section 57-0107 of the environmental conservation law, situate\nin the following school districts:\nCounty                School District               Town\nSuffolk               Rocky Point Union Free        Brookhaven\n                      school district\n                                                    Brookhaven\n                      Eastport-South                Southampton\n                      Manor Central school\n                      district\n                      Longwood Central school       Brookhaven\n                      district\n                      Riverhead Central school      Brookhaven\n                      district                      Riverhead\n                                                    Southampton\n                      Hampton Bays Union Free       Southampton\n                      school district\n  * NB Effective ... (see 58/2018 Pt. CC § 5 for expiration provisions)\n  (f) Lands owned by the state, outside of the core preservation area of\nthe Central Pine Barrens area as described and bounded by paragraph\neleven of section 57-0107 of the environmental conservation law, situate\nin the Riverhead central school district within the town of Riverhead,\ncounty of Suffolk, where the title holder is listed as the "State of New\nYork" on the town of Riverhead's assessment roll as of March sixteenth,\ntwo thousand six.\n  (g) Lands owned by the state, exclusive of the improvements erected\nthereon by the state, situate in the Smithtown central school district,\nin the county of Suffolk, constituting lands in the town of Smithtown\nwith the following tax identification number: district 0800, section\n0040, block 0002, lots 0011, and lands situate in the Three Village\ncentral school district, constituting lands in the town of Brookhaven\nwith the following tax identification number: district 0200, section\n0273, block 0001, lot 0003.\n  2. For the purposes of this section, such school districts, whether or\nnot reorganized, shall be deemed to continue to exist with the\nboundaries that were in effect at the time the state lands therein were\nfirst subjected to taxation for school purposes.\n
N.Y. RPT Law § 318 — New York Code / Act RPT / Article 3 / Title 2 / Section 318
Certification of assessors
Status: in_force

§ 318. Certification of assessors. 1. Any person appointed or elected\nto the office of assessor shall be certified by the commissioner\npursuant to this section within a minimum of one year and a maximum of\nthree years after he or she commences his or her term of office, unless\nhe or she has been previously certified by the commissioner and his or\nher certification has not expired. The period within which each assessor\nmust become certified shall be established by the commissioner by rule\nbased upon one or more general characteristics of the assessing unit or\nunits in which the assessor serves, including, but not limited to (a)\nnumber of parcels; (b) classification of parcels by use; and (c)\ncomplexity of real property. At least once during each twelve month\nperiod preceding the date by which the commissioner requires permanent\ncertification pursuant to this section, each assessor must obtain an\ninterim certification from the commissioner. Such interim certification\nshall evidence satisfactory progress in obtaining permanent\ncertification by successful completion of one or more components of the\nrequired training. The commissioner shall transmit such interim\ncertificate to the assessor and to the appropriate city or town clerk\nfor filing.\n  2. An assessor shall be certified upon successful completion of the\nbasic course of training and such examinations as may be prescribed by\nthe commissioner. The basic course of training shall be prescribed by\nthe commissioner in accordance with the classification of assessing\nunits established by the commissioner pursuant to subdivision one of\nthis section.\n  3. (a) An assessor or assessor-elect may be certified by the\ncommissioner if such person satisfies the minimum qualification\nstandards established by the commissioner for appointed assessors and\npasses a comprehensive examination conducted by the commissioner. The\ncommissioner shall annually conduct examinations for such purpose.\nExaminations shall be of such character as to fairly test and determine\nknowledge, skills and abilities necessary to perform the duties of\nassessor with respect to appraisal and assessment procedures, applicable\nlaws, rules and regulations and the size and complexity of assessing\nunits.\n  (b) The commissioner may, in its discretion, waive any of the courses\nof training or may certify without examination any assessor or\nassessor-elect, provided that such person is:\n  (i) a member of the institute of assessing officers of the New York\nstate assessor's association or is a member of the American institute of\nreal estate appraisers; or\n  (ii) designated as a senior real property appraiser by the society of\nreal estate appraisers; or\n  (iii) designated a certified assessment evaluator or an accredited\nassessment evaluator by the international association of assessing\nofficers.\n  4. Notwithstanding the provisions of this subdivision or any other\nlaw, the travel and other actual and necessary expenses incurred by an\nappointed or elected assessor, or by a person appointed assessor for a\nforthcoming term, or by an assessor-elect prior to the commencement of\nhis or her term, in satisfactorily completing courses of training as\nrequired by this title or as approved by the commissioner, including\ncontinuing education courses prescribed by the commissioner which are\nsatisfactorily completed by any elected assessor, shall be a state\ncharge upon audit by the comptroller. Travel and other actual and\nnecessary expenses incurred by an acting assessor who has been\nexercising the powers and duties of the assessor for a period of at\nleast six months, in attending training courses no earlier than twelve\nmonths prior to the date when courses of training and education are\nrequired, shall also be a state charge upon audit by the comptroller.\nCandidates for certification as eligible for the position of assessor,\nother than assessors or assessors-elect, shall be charged for the cost\nof training materials and shall be responsible for all other costs\nincurred by them in connection with such training. Notwithstanding the\nforegoing provisions of this subdivision, if the provider of a training\ncourse has asked the commissioner to approve the course for credit only,\nso that attendees who successfully complete the course would be entitled\nto receive credit without having their expenses reimbursed by the state,\nand the commissioner has agreed to do so, the travel and other actual\nand necessary expenses incurred by such attendees shall not be a state\ncharge.\n  5. Notwithstanding the provisions of sections three hundred eight and\nthree hundred thirty-four of this title, a village assessor, who\nsatisfies the minimum qualification standards established by the\ncommissioner pursuant to subdivision four of section three hundred ten\nof this title, may complete the basic course of training prescribed by\nthe commissioner pursuant to this section. Where such training is\nsuccessfully completed, a village assessor shall be certified as\nprovided by this section.\n  6. Whenever an individual is appointed to fill a vacancy in an\nelective office of assessor, the commissioner shall compute any time\nlimitation imposed by this title or any rule adopted pursuant to this\ntitle from the next January first following that appointment rather than\nfrom the date of that appointment.\n  7. In a county which has the power to assess real property for\npurposes of taxation with one assessor appointed as provided in this\ntitle, the travel and other actual and necessary expenses incurred by\nappraisal personnel employed in the office of such assessor in attending\ncourses of training as required by this subdivision shall be a state\ncharge upon audit by the comptroller.\n  8. To the extent funds are appropriated, all payments pursuant to this\nsection shall be made from the local assistance account.\n
N.Y. RPT Law § 489-EEE — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-EEE
Applications for certificates of eligibility
Status: in_force

§ 489-eee. Applications for certificates of eligibility. 1.\nApplications for a certificate of eligibility pursuant to this title\nshall be submitted for preliminary approval to the office for economic\ndevelopment commencing immediately after the effective date of a local\nlaw enacted pursuant to this title and continuing until the earlier of\nthe thirty-first day of January, nineteen hundred eighty-six or the last\nday before the date on which applications may be filed in accordance\nwith a local law enacted pursuant to section four hundred\neighty-nine-bbbb of this chapter, on such form or forms as shall be\nprescribed by the board. In addition to any other information required\nby the board, the application shall include plans for reconstruction or\nconstruction that have been certified by a professional engineer or an\narchitect of the applicant's choice and cost estimates or bids for the\nproposed reconstruction or construction. Upon a finding by such office\nthat the application satisfies the requirements of reconstruction or\nconstruction as defined in this title, the application shall be\npresented to the board for evaluation and written notice thereof shall\nbe given to the community board of the district in which the application\nsite is located.\n  2. (a) In the case of an application for construction or\nreconstruction of an industrial structure or a commercial structure\nlocated in an area designated as of right, the board shall issue a\ncertificate of eligibility upon determining that the application\nsatisfies the requirements of construction or reconstruction as defined\nin this title, that the applicant has obtained plans for construction or\nreconstruction certified by a professional engineer or architect, and\nthat the applicant has otherwise complied with the provisions of this\ntitle and other applicable provisions of law.\n  (b) In the case of an application for construction or reconstruction\nof a commercial structure not located in an as of right area, or\ninvolving a restricted commercial use, the board shall issue a\ncertificate of eligibility upon making the determination specified in\nparagraph (a) of this subdivision and upon making the further\ndetermination that the granting of a tax exemption for the construction\nor reconstruction of such a structure in the proposed location is in the\npublic interest. In making such determination, the board shall make\nfindings that there is a need in the area for the services the\nenterprise will provide, that the enterprise will generate or retain\nemployment in the area, and that a tax incentive is required to attract\nconstruction or reconstruction of such a structure to the area. In\naddition, the board shall consider the economic impact such commercial\nstructure will have in the area.\n  (c) In the case of an application for construction or reconstruction\nof a commercial structure not located in an as of right area, or\ninvolving a restricted commercial use, the board may make a further\ndetermination that special circumstances warrant designating the\nproposed construction or reconstruction as "specially needed". In making\nsuch determination, the board shall make findings that the commercial\nservices to be provided will have an especially positive impact on the\narea's or the city's economy and that the applicant has demonstrated\nthat the project cannot go forward without the greater exemption granted\nby such designation.\n  3. Any meeting of the board at which an application for a certificate\nof eligibility is to be considered shall be open to the public, and\nnotice of such meeting shall be given at least two weeks prior thereto\nby publication in a newspaper of general circulation within the city.\n  4. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting a tax exemption\npursuant to this title have been satisfied, and the board shall have the\nauthority to require that statements made in consideration of the\napplication be taken under oath.\n  5. After the issuance of a certificate of eligibility the applicant\nshall apply to the city tax commission, during the period provided by\nlaw for filing applications for corrections of assessed valuations, for\na tax exemption as provided for in section four hundred eighty-nine-ddd\nof this title. The application shall be accompanied by a copy of the\ncertificate of eligibility.\n
N.Y. SOS Law § 45-C — New York Code / Act SOS / Article 2-A / Title 2 / Section 45-C
Direct application by eligible applicants
Status: in_force

§ 45-c. Direct application by eligible applicants. Upon receipt of a\ncopy of the request for proposals issued pursuant to section\nforty-five-a of this title, an eligible applicant may notify the local\nsocial services district in which its eligible project is located of its\ndesire to participate in the single room occupancy support services\nprogram. In the event that the local social services district does not\nsubmit a proposal pursuant to section forty-five-a of this title, such\neligible applicant that has notified the local social services district\nof its desire to participate may submit an application directly to the\ncommissioner for financial assistance under this title. Criteria to be\nused by the commissioner in awarding funding directly to such eligible\napplicants shall include but not be limited to the anticipated need for\nsingle room occupancy units within the district where the eligible\nproject is located, and the appropriateness of the support services for\nthe population to be served. Before directly awarding any funding to\neligible applicants, the commissioner shall consult with the local\nsocial services district where the eligible project is located regarding\nthe need for single room occupancy units within such district, the\nability of the eligible project to provide single room occupancy\nservices and any other factors which are necessary to effectively\nevaluate direct application by eligible projects. When such applications\nare approved, the commissioner, within the amounts appropriated under\nthis title, and subject to the limitations set forth in this section and\nsection forty-five-d of this title, is authorized to enter into\ncontracts with eligible applicants, to provide financial assistance in\nthe form of grants for eligible costs.\n
N.Y. MDW Law § 185 — New York Code / Act MDW / Article 6 / Title 2 / Section 185
Cellar ceilings
Status: in_force

§ 185. Cellar ceilings. 1. Except as provided in paragraph g of\nsubdivision three of section one hundred seventy-one, the ceiling of the\ncellar, or of the lowest story if there be no cellar, shall be\nfire-retarded unless such dwelling is three stories or less in height\nand the ceiling has already been plastered in a manner satisfactory to\nthe department.\n  2. In lieu of the requirements set forth in subdivision 1. hereof,\nbuildings existing November first, nineteen hundred forty-nine, in\ncities having a population between five hundred thousand and one million\nhaving three stories or less in height and containing no more than six\nfamilies or eight roomers or lodgers, with no human occupancy in the\ncellar or basement may comply by:\n  I. providing two means of egress to any area of the third floor used\nfor human occupancy; and\n  II. providing approved safety controls on all fuel burning devices in\nbasement or cellar; and\n  III. fire-stopping of all openings in cellar or basement ceiling or\nopenings leading to the floors above from cellar or basement such as,\nbut not limited to, stud channels, openings around conduits, soil and\nwater pipes, ducts, pipe chases, and by complying with either IV or V\nhereof;\n  IV. providing an approved sprinkler system throughout entire cellar or\nbasement area; or\n  V. a. providing fire-retarded ceilings at the first floor level; and\n  b. providing sprinkler head or heads above each hot water heater,\nfurnace and all other fuel burning devices in basement or cellar; and\n  c. fire-stopping all the interior entrances to any area of the third\nfloor used for human occupancy at the second floor level with\nfire-retarded partitions, or equal construction, and a fire-retarded\nself-closing door and assembly.\n
N.Y. PBA Law § 3404 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3404
General powers of the corporation
Status: in_force

§ 3404. General powers of the corporation. Subject to this title, the\ncivil practice law and rules, the public health law, the mental hygiene\nlaw, the social services law, the education law or any other applicable\nlaw or regulation, the corporation shall have power:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to borrow money and issue bonds for any of its corporate purposes\nor its projects, or to refund the same, and to provide for the rights of\nthe holders thereof;\n  4. to make and alter by-laws for its organization and management, and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. (a) to acquire by purchase, grant, lease, gift, or otherwise and to\nhold and use property necessary, convenient or desirable to carry out\nits corporate purposes, and to sell, convey, mortgage, lease, pledge,\nexchange or otherwise dispose of any such property in such manner as the\ncorporation shall determine;\n  (b) to acquire by condemnation pursuant to the provisions of the\neminent domain procedure law any real property within Nassau county\nrequired by the corporation to carry out the powers granted by this\ntitle with the approval of both the county legislature and the county\nexecutive;\n  6. to acquire, construct, lease, expand, improve, maintain, equip,\nfurnish, operate one or more projects and, if necessary, to pay or\nfinance the cost thereof;\n  7. to accept gifts, grants, loans or contributions of funds or\nproperty or financial or other aid in any form from, and enter into\ncontracts or other transactions with, the federal government, the state,\nthe county or any public corporation or any other source, and to use any\nsuch gifts, grants, loans or contributions for any of its corporate\npurposes;\n  8. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\ncorporation may deem desirable;\n  9. to designate the depositories of its money;\n  10. to establish its fiscal year;\n  11. to enter into contracts and to execute all instruments necessary\nor convenient or desirable for the purposes of the corporation to carry\nout any powers expressly given to it in this title;\n  12. to appoint such officers, employees and agents as the corporation\nmay require for the performance of its duties and to fix and determine\ntheir qualifications, duties, and compensation subject to the provisions\nof the civil service law and any applicable collective bargaining\nagreement, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional, management or technical services and advice;\n  13. to use employees, agents, consultants and facilities of the\ncounty, paying the county its agreed proportion of the compensation or\ncosts pursuant to an agreement with the county;\n  14. to make and adopt plans, surveys and studies necessary, convenient\nor desirable to the effectuation of the purposes and powers of the\ncorporation and to prepare recommendations in regard thereto;\n  15. except where otherwise provided by law or regulation, to fix and\ncollect rates, rentals, fees and other charges for the services rendered\nby or for use of the facilities or in the exercise of the powers of the\ncorporation;\n  16. to enter upon such lands, waters or premises as in the judgment of\nthe corporation may be necessary, convenient or desirable for the\npurpose of making surveys, soundings, borings and examinations to\naccomplish any purpose  authorized by this title, the corporation being\nliable for actual damage done;\n  17. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and also contract against such\nother risks as the corporation may deem advisable, including the\ninterest rate risk for obligations it issues bearing interest at a\nfloating or otherwise adjustable rate which prevents the actual rate\nover the term of the debt from being ascertained at the date of its\nincurrence, and including the power to make any payments with respect\nthereto; and\n  18. to do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. MDW Law § 193 — New York Code / Act MDW / Article 6 / Title 2 / Section 193
Frame buildings
Status: in_force

§ 193. Frame buildings. No frame building shall be erected or\nmaintained upon the same lot with a dwelling converted after April\ntwenty-eighth, nineteen hundred thirty, nor shall any frame building not\noccupied on April thirteenth, nineteen hundred forty, as a multiple\ndwelling be altered or converted to such use; except that if the walls\nof a frame converted dwelling are faced with a veneer of brick and the\nentrance story is occupied by not more than one family, such entrance\nstory may be altered so that it may be occupied by two families.\n
N.Y. ELN Law § 17-206 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-206
Prohibitions on voter disenfranchisement
Status: in_force

§ 17-206. Prohibitions on voter disenfranchisement. 1. Prohibition\nagainst voter suppression. (a) No voting qualification, prerequisite to\nvoting, law, ordinance, standard, practice, procedure, regulation, or\npolicy shall be enacted or implemented by any board of elections or\npolitical subdivision in a manner that results in a denial or\nabridgement of the right of members of a protected class to vote.\n  (b) A violation of paragraph (a) of this subdivision shall be\nestablished upon a showing that, based on the totality of the\ncircumstances, members of a protected class have less opportunity than\nthe rest of the electorate to elect candidates of their choice or\ninfluence the outcome of elections.\n  2. Prohibition against vote dilution. (a) No board of elections or\npolitical subdivision shall use any method of election, having the\neffect of impairing the ability of members of a protected class to elect\ncandidates of their choice or influence the outcome of elections, as a\nresult of vote dilution.\n  (b) A violation of paragraph (a) of this subdivision shall be\nestablished upon a showing that a political subdivision:\n  (i) used an at-large method of election and either: (A) voting\npatterns of members of the protected class within the political\nsubdivision are racially polarized; or (B) under the totality of the\ncircumstances, the ability of members of the protected class to elect\ncandidates of their choice or influence the outcome of elections is\nimpaired; or\n  (ii) used a district-based or alternative method of election and that\ncandidates or electoral choices preferred by members of the protected\nclass would usually be defeated, and either: (A) voting patterns of\nmembers of the protected class within the political subdivision are\nracially polarized; or (B) under the totality of the circumstances, the\nability of members of the protected class to elect candidates of their\nchoice or influence the outcome of elections is impaired.\n  (c) For the purposes of demonstrating that a violation of paragraph\n(a) of this subdivision has occurred, evidence shall be weighed and\nconsidered as follows: (i) elections conducted prior to the filing of an\naction pursuant to this subdivision are more probative than elections\nconducted after the filing of the action; (ii) evidence concerning\nelections for members of the governing body of the political subdivision\nare more probative than evidence concerning other elections; (iii)\nstatistical evidence is more probative than non-statistical evidence;\n(iv) where there is evidence that more than one protected class of\neligible voters are politically cohesive in the political subdivision,\nmembers of each of those protected classes may be combined; (v) evidence\nconcerning the intent on the part of the voters, elected officials, or\nthe political subdivision to discriminate against a protected class is\nnot required; (vi) evidence that voting patterns and election outcomes\ncould be explained by factors other than racially polarized voting,\nincluding but not limited to partisanship, shall not be considered;\n(vii) evidence that sub-groups within a protected class have different\nvoting patterns shall not be considered; (viii) evidence concerning\nwhether members of a protected class are geographically compact or\nconcentrated shall not be considered, but may be a factor in determining\nan appropriate remedy; and (ix) evidence concerning projected changes in\npopulation or demographics shall not be considered, but may be a factor,\nin determining an appropriate remedy.\n  3. In determining whether, under the totality of the circumstances, a\nviolation of subdivision one or two of this section has occurred,\nfactors that may be considered shall include, but not be limited to: (a)\nthe history of discrimination in or affecting the political subdivision;\n(b) the extent to which members of the protected class have been elected\nto office in the political subdivision; (c) the use of any voting\nqualification, prerequisite to voting, law, ordinance, standard,\npractice, procedure, regulation, or policy that may enhance the dilutive\neffects of the election scheme; (d) denying eligible voters or\ncandidates who are members of the protected class to processes\ndetermining which groups of candidates receive access to the ballot,\nfinancial support, or other support in a given election; (e) the extent\nto which members of the protected class contribute to political\ncampaigns at lower rates; (f) the extent to which members of a protected\nclass in the state or political subdivision vote at lower rates than\nother members of the electorate; (g) the extent to which members of the\nprotected class are disadvantaged in areas including but not limited to\neducation, employment, health, criminal justice, housing, land use, or\nenvironmental protection; (h) the extent to which members of the\nprotected class are disadvantaged in other areas which may hinder their\nability to participate effectively in the political process; (i) the use\nof overt or subtle racial appeals in political campaigns; (j) a\nsignificant lack of responsiveness on the part of elected officials to\nthe particularized needs of members of the protected class; and (k)\nwhether the political subdivision has a compelling policy justification\nthat is substantiated and supported by evidence for adopting or\nmaintaining the method of election or the voting qualification,\nprerequisite to voting, law, ordinance, standard, practice, procedure,\nregulation, or policy. Nothing in this subdivision shall preclude any\nadditional factors from being considered, nor shall any specified number\nof factors be required in establishing that such a violation has\noccurred.\n  4. Standing. Any aggrieved person, organization whose membership\nincludes aggrieved persons or members of a protected class, organization\nwhose mission, in whole or in part, is to ensure voting access and such\nmission would be hindered by a violation of this section, or the\nattorney general may file an action against a political subdivision\npursuant to this section in the supreme court of the county in which the\npolitical subdivision is located.\n  5. Remedies. (a) Upon a finding of a violation of any provision of\nthis section, the court shall implement appropriate remedies to ensure\nthat voters of race, color, and language-minority groups have equitable\naccess to fully participate in the electoral process, which may include,\nbut shall not be limited to:\n  (i) a district-based method of election;\n  (ii) an alternative method of election;\n  (iii) new or revised districting or redistricting plans;\n  (iv) elimination of staggered elections so that all members of the\ngoverning body are elected on the same date;\n  (v) reasonably increasing the size of the governing body;\n  (vi) moving the dates of regular elections to be concurrent with the\nprimary or general election dates for state, county, or city office as\nestablished in section eight of article three or section eight of\narticle thirteen of the constitution, unless the budget in such\npolitical subdivision is subject to direct voter approval pursuant to\npart two of article five or article forty-one of the education law;\n  (vii) transferring authority for conducting the political\nsubdivision's elections to the board of elections for the county in\nwhich the political subdivision is located;\n  (viii) additional voting hours or days;\n  (ix) additional polling locations;\n  (x) additional means of voting such as voting by mail;\n  (xi) ordering of special elections;\n  (xii) requiring expanded opportunities for voter registration;\n  (xiii) requiring additional voter education;\n  (xiv) modifying the election calendar;\n  (xv) the restoration or addition of persons to registration lists; or\n  (xvi) retaining jurisdiction for such period of time on a given matter\nas the court may deem appropriate, during which no redistricting plan\nshall be enforced unless and until the court finds that such plan does\nnot have the purpose of diluting the right to vote on the basis of\nprotected class membership, or in contravention of the voting guarantees\nset forth in this title, except that the court's finding shall not bar a\nsubsequent action to enjoin enforcement of such redistricting plan.\n  (b) The court shall consider proposed remedies by any parties and\ninterested non-parties, but shall not provide deference or priority to a\nproposed remedy offered by the political subdivision. The court shall\nhave the power to require a political subdivision to implement remedies\nthat are inconsistent with any other provision of law where such\ninconsistent provision of law would preclude the court from ordering an\notherwise appropriate remedy in such matter.\n  6. Procedures for implementing new or revised districting or\nredistricting plans. The governing body of a political subdivision with\nthe authority under this title and all applicable state and local laws\nto enact and implement a new method of election that would replace the\npolitical subdivision's at-large method of election with a\ndistrict-based or alternative method of election, or enact and implement\na new districting or redistricting plan, shall undertake each of the\nsteps enumerated in this subdivision, if proposed subsequent to receipt\nof a NYVRA notification letter, as defined in subdivision seven of this\nsection, or the filing of a claim pursuant to this title or the federal\nvoting rights act.\n  (a) Before drawing a draft districting or redistricting plan or plans\nof the proposed boundaries of the districts, the political subdivision\nshall hold at least two public hearings over a period of no more than\nthirty days, at which the public is invited to provide input regarding\nthe composition of the districts. Before these hearings, the political\nsubdivision may conduct outreach to the public, including to\nnon-English-speaking communities, to explain the districting or\nredistricting process and to encourage public participation.\n  (b) After all draft districting or redistricting plans are drawn, the\npolitical subdivision shall publish and make available for release at\nleast one draft districting or redistricting plan and, if members of the\ngoverning body of the political subdivision would be elected in their\ndistricts at different times to provide for staggered terms of office,\nthe potential sequence of such elections. The political subdivision\nshall also hold at least two additional hearings over a period of no\nmore than forty-five days, at which the public shall be invited to\nprovide input regarding the content of the draft districting or\nredistricting plan or plans and the proposed sequence of elections, if\napplicable. The draft districting or redistricting plan or plans shall\nbe published at least seven days before consideration at a hearing. If\nthe draft districting or redistricting plan or plans are revised at or\nfollowing a hearing, the revised versions shall be published and made\navailable to the public for at least seven days before being adopted.\n  (c) In determining the final sequence of the district elections\nconducted in a political subdivision in which members of the governing\nbody will be elected at different times to provide for staggered terms\nof office, the governing body shall give special consideration to the\npurposes of this title, and it shall take into account the preferences\nexpressed by members of the districts.\n  7. Notification requirement and safe harbor for judicial actions.\nBefore commencing a judicial action against a political subdivision\nunder this section, a prospective plaintiff shall send by certified mail\na written notice to the clerk of the political subdivision, or, if the\npolitical subdivision does not have a clerk, the governing body of the\npolitical subdivision, against which the action would be brought,\nasserting that the political subdivision may be in violation of this\ntitle. This written notice shall be referred to as a "NYVRA notification\nletter" in this title. The NYVRA notification letter shall specify the\npotential violation or violations alleged and shall contain a statement\nof facts to support such allegation; provided, however, that failure to\nso specify shall not be a basis for dismissal of such judicial action,\nbut may affect the calculation of reimbursement pursuant to paragraph\n(e) of this subdivision. The prospective plaintiff shall also send by\nfirst class mail or email a copy of the NYVRA notification letter to the\ncivil rights bureau. For actions against a school district or any other\npolitical subdivision that holds elections governed by the education\nlaw, the prospective plaintiff shall also send by certified mail a copy\nof the NYVRA notification letter to the commissioner of education.\n  (a) A prospective plaintiff shall not commence a judicial action\nagainst a political subdivision under this section within fifty days of\nsending to the political subdivision a NYVRA notification letter.\n  (b) Before receiving a NYVRA notification letter, or within fifty days\nof mailing of a NYVRA notification letter, the governing body of a\npolitical subdivision may pass a resolution affirming: (i) the political\nsubdivision's intention to enact and implement a remedy for a potential\nviolation of this title; (ii) specific steps the political subdivision\nwill undertake to facilitate approval and implementation of such a\nremedy; and (iii) a schedule for enacting and implementing such a\nremedy. Such a resolution shall be referred to as a "NYVRA resolution"\nin this title. If a political subdivision passes a NYVRA resolution,\nsuch political subdivision shall have ninety days after such passage to\nenact and implement such remedy, during which a prospective plaintiff\nshall not commence an action to enforce this section against the\npolitical subdivision. For actions against a school district, the\ncommissioner of education may order the enactment of a NYVRA resolution\npursuant to the commissioner's authority under section three hundred\nfive of the education law. Within seven days of passing a NYVRA\nresolution, the political subdivision shall send by first class mail or\nemail a copy of the resolution to the civil rights bureau.\n  (c) If the governing body of a political subdivision lacks the\nauthority under this title or applicable state law or local laws to\nenact or implement a remedy identified in a NYVRA resolution, or fails\nto enact or implement a remedy identified in a NYVRA resolution, within\nninety days after the passage of the NYVRA resolution, or if the\npolitical subdivision is a covered entity as defined under section\n17-210 of this title, the governing body of the political subdivision\nshall undertake the steps enumerated in the following provisions:\n  (i) The governing body of the political subdivision may approve a\nproposed remedy that complies with this title and submit such a proposed\nremedy to the civil rights bureau no later than one hundred twenty days\nafter the passage of the NYVRA resolution. Such a submission shall be\nreferred to as a "NYVRA proposal" in this title.\n  (ii) Prior to passing a NYVRA proposal, the political subdivision\nshall hold at least one public hearing, at which the public shall be\ninvited to provide input regarding the NYVRA proposal. Before this\nhearing, the political subdivision may conduct outreach to the public,\nincluding to non-English-speaking communities, to encourage public\nparticipation.\n  (iii) Within sixty days of receipt of a NYVRA proposal, the civil\nrights bureau shall grant or deny approval of the NYVRA proposal. The\ncivil rights bureau may invoke an extension of up to twenty days to\nreview the proposal.\n  (iv) The civil rights bureau shall only grant approval to the NYVRA\nproposal if it concludes that: (A) the political subdivision may be in\nviolation of this title; (B) the NYVRA proposal would remedy any\npotential violation of this title cited in the NYVRA notification letter\nand would not give rise to any other violation of this title; (C) the\nNYVRA proposal is unlikely to violate the constitution or any relevant\nfederal law; and (D) implementation of the NYVRA proposal is feasible.\n  (v) If the civil rights bureau grants approval, the NYVRA proposal\nshall be enacted and implemented immediately, notwithstanding any other\nprovision of law, including any other state or local law.\n  (vi) If the political subdivision is a covered entity as defined under\nsection 17-210 of this title, the political subdivision shall not be\nrequired to obtain preclearance for the NYVRA proposal pursuant to such\nsection upon approval of the NYVRA proposal by the civil rights bureau.\n  (vii) If the civil rights bureau denies approval, the NYVRA proposal\nshall not be enacted or implemented. The civil rights bureau shall\nexplain the basis for such denial and may, in its discretion, make\nrecommendations for an alternative remedy for which it would grant\napproval.\n  (viii) If the civil rights bureau does not respond, the NYVRA proposal\nshall not be enacted or implemented.\n  (d) A political subdivision that has passed a NYVRA resolution may\nenter into an agreement with the prospective plaintiff providing that\nsuch prospective plaintiff shall not commence an action pursuant to this\nsection against the political subdivision for an additional ninety days.\nSuch agreement shall include a requirement that either the political\nsubdivision shall enact and implement a remedy that complies with this\ntitle or the political subdivision shall pass a NYVRA proposal and\nsubmit it to the civil rights bureau.\n  (e) If, pursuant to a process commenced by a NYVRA notification\nletter, a political subdivision enacts or implements a remedy or the\ncivil rights bureau grants approval to a NYVRA proposal, a prospective\nplaintiff who sent the NYVRA notification letter may, within thirty days\nof the enactment or implementation of the remedy or approval of the\nNYVRA proposal, demand reimbursement for the cost of the work product\ngenerated to support the NYVRA notification letter. A prospective\nplaintiff shall make the demand in writing and shall substantiate the\ndemand with financial documentation, such as a detailed invoice for\ndemography services or for the analysis of voting patterns in the\npolitical subdivision. A political subdivision may request additional\ndocumentation if the provided documentation is insufficient to\ncorroborate the claimed costs. A political subdivision shall reimburse a\nprospective plaintiff for reasonable costs claimed, or in an amount to\nwhich the parties mutually agree. The cumulative amount of\nreimbursements to all prospective plaintiffs, except for actions brought\nby the attorney general, shall not exceed forty-three thousand dollars,\nas adjusted annually to the consumer price index for all urban\nconsumers, United States city average, as published by the United States\ndepartment of labor. To the extent a prospective plaintiff who sent the\nNYVRA notification letter and a political subdivision are unable to come\nto a mutual agreement, either party may file a declaratory judgment\naction to obtain a clarification of rights.\n  (f) Notwithstanding the provisions of this subdivision, in the event\nthat the first day for designating petitions for a political\nsubdivision's next regular election to select members of its governing\nboard has begun or is scheduled to begin within thirty days, or in the\nevent that a political subdivision is scheduled to conduct any election\nwithin one hundred twenty days, a plaintiff alleging any violation of\nthis title may commence a judicial action against a political\nsubdivision under this section, provided that the relief sought by such\na plaintiff includes preliminary relief for that election. Prior to or\nconcurrent with commencing such a judicial action, any such plaintiff\nshall also submit a NYVRA notification letter to the political\nsubdivision. In the event that a judicial action commenced under this\nprovision is withdrawn or dismissed for mootness because the political\nsubdivision has enacted or implemented a remedy or the civil rights\nbureau has granted approval of a NYVRA proposal pursuant to a process\ncommenced by a NYVRA notification letter, any such plaintiff may only\ndemand reimbursement pursuant to this subdivision.\n  8. Coalition claims permitted. Members of different protected classes\nmay file an action jointly pursuant to this title in the event that they\ndemonstrate that the combined voting preferences of the multiple\nprotected classes are polarized against the rest of the electorate.\n
N.Y. EDN Law § 2584 — New York Code / Act EDN / Title 2 / Article 52 / Section 2584
Bonds of employees
Status: in_force

§ 2584. Bonds of employees.  The board of estimate and apportionment\nof a city, or in a city having no board of estimate and apportionment,\nthe body or officer performing the duties performed by a board of\nestimate and apportionment, which may now legally require bonds of\nemployees may continue to require bonds of such employees in such amount\nas such board of estimate and apportionment or other body or officer\nshall determine.  In all other cities bonds may be required of such\nemployees by the board of education.  The premiums on such bonds shall\nbe paid by the city.\n
N.Y. LAB Law § 511 — New York Code / Act LAB / Article 18 / Title 2 / Section 511
Employment
Status: in_force

§ 511. Employment. 1. General definition. "Employment" means (a) any\nservice under any contract of employment for hire, express or implied,\nwritten, or oral and\n  (b) any service by a person for an employer\n  (1) as an agent-driver or commission-driver engaged in distributing\nmeat, vegetable, fruit, or bakery products; beverages other than milk;\nor laundry or dry-cleaning services; or\n  (1-a) as a professional musician or a person otherwise engaged in the\nperforming arts, and performing services as such for a television or\nradio station or network, a film production, a theatre, hotel,\nrestaurant, night club or similar establishment unless, by written\ncontract, such musician or person is stipulated to be an employee of\nanother employer covered by this chapter. "Engaged in the performing\narts" shall mean performing services in connection with the production\nof or performance in any artistic endeavor which requires artistic or\ntechnical skill or expertise; or\n  (1-b) as an employee in the construction industry unless the\npresumption of employment can be overcome, as provided under section\neight hundred sixty-one-c of this chapter; or\n  (1-c) as an employee in the commercial goods transportation industry\nunless the presumption of employment can be overcome, as provided under\nsection eight hundred sixty-two-b of this chapter; or\n  (2) as a traveling or city salesman engaged on a full-time basis in\nsoliciting orders for merchandise for resale or supplies for use in the\npurchaser's business operations if the contract of service contemplates\nthat substantially all of such services are to be performed personally\nby such person; such person does not have a substantial investment in\nfacilities used in connection with the performance of such services,\nexcepting facilities for transportation; and the services are not in the\nnature of a single transaction which is not part of a continuing\nrelationship with the employer.\n  (3) as a professional model, where:\n  (i) the professional model performs modeling services for; or\n  (ii) consents in writing to the transfer of his or her exclusive legal\nright to the use of his or her name, portrait, picture or image, for\nadvertising purposes or for the purposes of trade, directly to\n  a retail store, a manufacturer, an advertising agency, a photographer,\na publishing company or any other such person or entity, which dictates\nsuch professional model's assignments, hours of work or performance\nlocations and which compensates such professional model in return for a\nwaiver of his or her privacy rights enumerated above, unless such\nservices are performed pursuant to a written contract wherein it is\nstated that the professional model is the employee of another employer\ncovered by this chapter. For purposes of this subparagraph, the term\n"professional model" means a person who, in the course of his or her\ntrade, occupation or profession, performs modeling services. For\npurposes of this subparagraph, the term "modeling services" means the\nappearance by a professional model in photographic sessions or the\nengagement of such model in live, filmed or taped modeling performances\nfor remuneration.\n  2. Work localized in state. The term "employment" includes a person's\nentire service performed within or both within and without this state if\nthe service is localized in this state. Service is deemed localized\nwithin the state if it is performed entirely within the state or is\nperformed both within and without the state but that performed without\nthe state is incidental to the person's service within the state, for\nexample, is temporary or transitory in nature or consists of isolated\ntransactions.\n  3. Work within and without the state. The term "employment" includes a\nperson's entire service performed both within and without this state\nprovided it is not localized in any state but some of the service is\nperformed in this state, and\n  (a) the person's base of operations is in this state; or\n  (b) if there is no base of operations in any state in which some part\nof the service is performed, the place from which such service is\ndirected or controlled is in this state; or\n  (c) if the base of operations or place from which such service is\ndirected or controlled is not in any state in which some part of the\nservice is performed, the person's residence is in this state.\n  The term "employment" shall not include services performed without\nthis state in any calendar year during which no service was performed\nwithin this state if contributions with respect to such services are\nrequired under the unemployment compensation law of any other state or\nof the federal government.\n  4. Other included work.\n  The term "employment" shall include\n  (a) Service, wherever performed within the United States, the Virgin\nIslands, or Canada, if\n  (1) contributions are not required with respect to such service under\nan unemployment compensation law of any other state, the Virgin Islands,\nor Canada, and\n  (2) the place from which such service is directed or controlled is in\nthis state;\n  (b) Service performed within this state not otherwise within the\npurview of the foregoing provisions of this section if contributions are\nnot required with respect to such service under corresponding provisions\nof an unemployment compensation law of any other state.\n  5. Work without the state or in a foreign country. (a) Service\nperformed entirely without the state, with respect to no part of which\ncontributions are required under an unemployment compensation law of any\nother state or of the federal government, is employment if an election\nwith respect to the person's service has been made and approved pursuant\nto the provisions of section five hundred sixty-one of this article.\n  (b) The term "employment" includes service by a citizen of the United\nStates performed for an American employer outside the United States,\nexcept Canada or the Virgin Islands, provided contributions are not\nrequired with respect to such service under an unemployment insurance\nlaw of any other state pursuant to criteria which correspond to those of\nsubdivisions two and three of this section, if\n  (1) the employer's principal place of business in the United States is\nin this state, or\n  (2) the employer has no place of business in the United States but is\n  (i) an individual person who is a resident of this state, or\n  (ii) a corporation which is organized under the laws of this state, or\n  (iii) a partnership or a trust and the number of partners or trustees\nwho are residents of this state is greater than the number who are\nresidents of any one other state, or\n  (3) none of the criteria of subparagraphs (1) and (2) are met but the\nemployer has elected coverage of the service in this state or, the\nemployer having failed to elect such coverage in any state, the\nindividual performing the service has filed a claim for benefits under\nthis article on the basis of such service.\n  (c) For purposes of this subdivision, "American employer" means\n  (1) an individual who is a resident of the United States; or\n  (2) a partnership if two-thirds or more of the partners are residents\nof the United States; or\n  (3) a trust if all of the trustees are residents of the United States;\nor\n  (4) a corporation organized under the laws of the United States or any\nstate.\n  6. Agricultural labor. (a) The term "employment" includes agricultural\nlabor. The term "agricultural labor" includes all service performed:\n  (1) on a farm, in the employ of any person, in connection with\ncultivating the soil, or in connection with raising or harvesting any\nagricultural or horticultural commodity, including the raising,\nshearing, feeding, caring for, training, and management of livestock,\nbees, poultry, and fur-bearing animals, and wildlife;\n  (2) in the employ of the owner or tenant or other operator of a farm,\nin connection with the operation, management, conservation, improvement,\nor maintenance of such farm and its tools and equipment, or in salvaging\ntimber or clearing land of brush and other debris left by a hurricane,\nif the major part of such service is performed on a farm;\n  (3) in handling, planting, drying, packing, packaging, processing,\nfreezing, grading, storing, or delivering to storage or to market or to\na carrier for transportation to market, any agricultural or\nhorticultural commodity; but only if such service is performed in the\nemploy of an operator of a farm (i) as an incident to farming operations\nor, (ii) in the case of fruits and vegetables, as an incident to the\npreparation of such fruits or vegetables for market. The provisions of\nthis paragraph shall not apply to service performed in connection with\ncommercial canning or commercial freezing or in connection with any\nagricultural or horticultural commodity after its delivery to a terminal\nmarket for distribution for consumption.\n  (b) As used in this subdivision, the term "farm" includes stock,\ndairy, poultry, fur-bearing animal, fruit, and truck farms, plantations,\nnurseries, greenhouses or other similar structures, used primarily for\nthe raising of agricultural or horticultural commodities, and orchards.\n  7. Spouse or child. The term "employment" does not include service for\nan employer by his spouse or child under the age of twenty-one.\n  8. Golf caddy. The term "employment" does not include service as a\ngolf caddy.\n  9. Day student. The term "employment" does not include service during\nall or any part of the school year or regular vacation periods as a\npart-time worker of any person actually in regular attendance during the\nday time as a student in an elementary or secondary school.\n  10. Employment under the federal railroad unemployment insurance act.\nThe term "employment" does not include employment subject to the federal\nrailroad unemployment insurance act.\n  11. Maritime services under reciprocal agreements. The term\n"employment" includes a person's entire service, if such service is\ndeemed performed in this state by virtue of reciprocal agreements\npursuant to the provisions of paragraph (c) of subdivision two of\nsection five hundred thirty-six of this article and does not include any\nservice which by virtue of such agreements is deemed performed in\nanother state.\n  12. Baby sitter. The term "employment" does not include service as a\nbaby sitter at the home of the employer by a minor.\n  13. Persons under the age of twenty-one engaged in casual labor. The\nterm "employment" does not include services of a person under the age of\ntwenty-one engaged in casual labor consisting of yard work and household\nchores in and about a residence or the premises of a non-profit,\nnon-commercial organization, not involving the use of power-driven\nmachinery.\n  14. The term "employment" does not include service by a child under\nthe age of fourteen years.\n  15. Students and students' spouses at educational institutions. The\nterm "employment" does not include services rendered for an educational\ninstitution by a person who is enrolled and is in regular attendance as\na student in such an institution, or the spouse of such student employed\nby that institution if such spouse is advised at the beginning of such\nservices that the employment is provided under a program of financial\nassistance to such student and will not be covered under this article.\nFor the purposes of this article, the term "employment" shall include\nservices rendered for a health care facility, including academic medical\ncenters, by fellow, resident and intern physicians.\n  16. Non-applicability of exclusions. The exclusions described in\nsubdivisions eight, nine, twelve, thirteen and fourteen of this section\nshall not apply to services performed for a nonprofit organization as\ndefined in section five hundred sixty-three or for a governmental entity\nas defined in section five hundred sixty-five or for an Indian tribe as\ndefined in section five hundred sixty-six of this article. The\nexclusions described in subdivision twenty-three of this section shall\nnot apply to commercial goods transportation services performed for a\ncommercial goods transportation contractor within the meaning of article\ntwenty-five-C of this chapter.\n  17. Certain college students. The term "employment" does not include\nservice performed by an individual, regardless of age, who is enrolled\nat a nonprofit or public educational institution which normally\nmaintains a regular faculty and curriculum and normally has a regularly\norganized body of students in attendance at the place where its\neducational activities are carried on as a student in a full-time\nprogram taken for credit at such institution, which combines academic\ninstruction with work experience, if such service is an integral part of\nsuch program, and such institution has so certified to the employer,\nexcept that this subdivision shall not apply to service performed in a\nprogram established for or on behalf of an employer or group of\nemployers.\n  18. Freelance shorthand reporter. The term "employment" does not\ninclude the services of a freelance shorthand reporter rendered pursuant\nto any agreement, contract, or mutual understanding, either written or\noral, with another freelance shorthand reporter or a freelance shorthand\nreporting service. For the purposes of this subdivision, a freelance\nshorthand reporter is a person who records verbatim any oral statement\nor series of oral statements made over a definite period of time by a\nwritten system of shorthand and whose sole compensation for making such\na record is an agreed upon fee per page of record produced. Additional\npayment of a set dollar charge as a minimum fee or attendance fee shall\nnot affect the above definition of a freelance shorthand reporter. For\nthe purposes of this subdivision, a freelance shorthand reporting\nservice means any business which provides freelance shorthand reporters\nthrough subcontracts or by any other means.\n  19. Qualified real estate agent. The term "employment" shall not\ninclude the services of a licensed real estate broker or sales associate\nif it be proven that (a) substantially all of the remuneration (whether\nor not paid in cash) for the services performed by such broker or sales\nassociate is directly related to sales or other output (including the\nperformance of services) rather than to the number of hours worked; (b)\nthe services performed by the broker or sales associate are performed\npursuant to a written contract executed between such broker or sales\nassociate and the person for whom the services are performed within the\npast twelve to fifteen months; and (c) the written contract provided for\nin paragraph (b) herein was not executed under duress and contains the\nfollowing provisions:\n  (i) that the broker or sales associate is engaged as an independent\ncontractor associated with the person for whom services are performed\npursuant to article twelve-A of the real property law and shall be\ntreated as such for all purposes, including but not limited to federal\nand state taxation, withholding, unemployment insurance and workers'\ncompensation;\n  (ii) that the broker or sales associate (A) shall be paid a commission\non his or her gross sales, if any, without deduction for taxes, which\ncommission shall be directly related to sales or other output; (B) shall\nnot receive any remuneration related to the number of hours worked; and\n(C) shall not be treated as an employee with respect to such services\nfor federal and state tax purposes;\n  (iii) that the broker or sales associate shall be permitted to work\nany hours he or she chooses;\n  (iv) that the broker or sales associate shall be permitted to work out\nof his or her own home or the office of the person for whom services are\nperformed;\n  (v) that the broker or sales associate shall be free to engage in\noutside employment;\n  (vi) that the person for whom the services are performed may provide\noffice facilities and supplies for the use of the broker or sales\nassociate, but the broker or sales associate shall otherwise bear his or\nher own expenses, including but not limited to automobile, travel, and\nentertainment expenses;\n  (vii) that the person for whom the services are performed and the\nbroker or sales associate shall comply with the requirements of article\ntwelve-A of the real property law and the regulations pertaining\nthereto, but such compliance shall not affect the broker or sales\nassociate's status as an independent contractor nor should it be\nconstrued as an indication that the broker or sales associate is an\nemployee of the person for whom the services are performed for any\npurpose whatsoever;\n  (viii) that the contract and the association created thereby may be\nterminated by either party thereto at any time upon notice given to the\nother.\n  20. The term "employment" shall not include services performed by a\nfull-time student in the employ of an organized camp:\n  (a) if such camp:\n  (1) did not operate for more than seven months in the calendar year\nand did not operate for more than seven months in the preceding calendar\nyear; or\n  (2) had average gross receipts for any six months in the preceding\ncalendar year which were not more than thirty-three and one-third\npercent of its average gross receipts for the other six months in the\npreceding calendar year; and\n  (b) if such full-time student performs services in the employ of such\ncamp for less than thirteen calendar weeks in any such year.\n  20-a. Full-time student. (a) For purposes of subdivision twenty of\nthis section, an individual shall be treated as a full-time student for\nany period:\n  (1) during which the individual is enrolled as a full-time student at\nan educational institution; or\n  (2) which is between academic years or terms if:\n  (i) the individual was enrolled as a full-time student at an\neducational institution for the immediately preceding academic year or\nterm; and\n  (ii) there is a reasonable assurance that the individual will be so\nenrolled for the immediately succeeding academic year or term after the\nperiod described in clause (i) of this subparagraph.\n  (b) For purposes of this subdivision, the term educational institution\nshall mean any educational institution of secondary, higher educational,\nprofessional or vocational educational training, as those terms are\ndefined in the education law.\n  20-b. Camp. For purposes of subdivision twenty of this section, the\nterm camp shall mean "children's overnight camp" as that term is defined\nin subdivision one of section thirteen hundred ninety-two of the public\nhealth law, and any "summer day camp" as that term is defined in\nsubdivision two of section thirteen hundred ninety-two of the public\nhealth law, and any "traveling summer day camp" as that term is defined\nin subdivision three of section thirteen hundred ninety-two of the\npublic health law.\n  21. Qualified insurance agent or broker. The term "employment" shall\nnot include the services of a licensed insurance agent or broker if it\nbe proven that (a) substantially all of the remuneration (whether or not\npaid in cash) for the services performed by such agent or broker is\ndirectly related to sales or other output (including the performance of\nservices) rather than to the number of hours worked; (b) such agent is\nnot a life insurance agent receiving a training allowance subsidy\ndescribed in paragraph three of subsection (e) of section four thousand\ntwo hundred twenty-eight of the insurance law; (c) the services\nperformed by the agent or broker are performed pursuant to a written\ncontract executed between such agent or broker and the person for whom\nthe services are performed; and (d) the written contract provided for in\nparagraph (c) of this subdivision was not executed under duress and\ncontains the following provisions:\n  (i) that the agent or broker is engaged as an independent contractor\nassociated with the person for whom services are performed pursuant to\narticle twenty-one of the insurance law and shall be treated as such for\nall purposes, including but not limited to federal and state taxation,\nwithholding (other than federal insurance contributions act (FICA) taxes\nrequired for full time life insurance agents pursuant to section\n3121(d)(3) of the federal internal revenue code), unemployment insurance\nand workers' compensation;\n  (ii) that the agent or broker (A) shall be paid a commission on his or\nher gross sales, if any, without deduction for taxes (other than federal\ninsurance contributions act (FICA) taxes required for full time life\ninsurance agents pursuant to section 3121(d)(3) of the federal internal\nrevenue code), which commission shall be directly related to sales or\nother output; (B) shall not receive any remuneration related to the\nnumber of hours worked; and (C) shall not be treated as an employee with\nrespect to such services for federal and state tax purposes (other than\nfederal insurance contributions act (FICA) taxes required for full time\nlife insurance agents pursuant to section 3121(d)(3) of the federal\ninternal revenue code);\n  (iii) that the agent or broker shall be permitted to work any hours he\nor she chooses;\n  (iv) that the agent or broker shall be permitted to work out of his or\nher own office or home or the office of the person for whom services are\nperformed;\n  (v) that the person for whom the services are performed may provide\noffice facilities, clerical support, and supplies for the use of the\nagent or broker, but the agent or broker shall otherwise bear his or her\nown expenses, including but not limited to automobile, travel, and\nentertainment expenses;\n  (vi) that the person for whom the services are performed and the agent\nor broker shall comply with the requirements of article twenty-one of\nthe insurance law and the regulations pertaining thereto, but such\ncompliance shall not affect the agent's or broker's status as an\nindependent contractor nor should it be construed as an indication that\nthe agent or broker is an employee of the person for whom the services\nare performed for any purpose whatsoever;\n  (vii) that the contract and the association created thereby may be\nterminated by either party thereto at any time with notice given to the\nother.\n  22. Recreational bowling. The term "employment" shall not include\nrecreational bowling, such as bowling in a league where an individual\nmay occasionally win prize money.\n  23. Newspaper delivery persons. The term "employment" shall not\ninclude service performed by any person if:\n  (a) such person is engaged in the trade or business of the delivering\nor distribution of newspapers or shopping news (including any services\ndirectly related to such trade or business);\n  (b) substantially all the remuneration (whether or not paid in cash)\nfor the performance of the services described in paragraph (a) of this\nsubdivision is directly related to sales or other output (including the\nperformance of services) rather than to the number of hours worked; and\n  (c) the services performed by the person are performed pursuant to a\nwritten contract between such person and the person for whom the\nservices are performed, and such contract provides that person will not\nbe treated as an employee with respect to such services for federal tax\npurposes.\n
N.Y. PBH Law § 236 — New York Code / Act PBH / Article 2 / Title 2-C / Section 236
Charles D
Status: in_force

§ 236.  Charles D. Cook office of rural health created. There is\nhereby created the Charles D. Cook office of rural health within the\nstate department of health. Such office shall:\n  1. Integrate and coordinate selected state health care grant and loan\nprograms established specifically for rural health care providers and\nresidents. As part of this function, the office shall develop a\ncoordinated application process for use by rural providers,\nmunicipalities and others in seeking funds and/or technical assistance\non pertinent rural health care programs and services. The office shall\nalso work to promote the usage of the Rural Assistance Information\nNetwork (RAIN) to assist rural providers and others in obtaining\ninformation on funding and/or technical assistance for rural health care\nprograms and services.\n  2. Apply for grants, and accept gifts from private and public sources\nfor research to improve and enhance rural health care services and\nfacilities. The office shall also promote rural health research in\nuniversities and colleges.\n  3. Together with the rural health council, serve as liaison and\nadvocate for the department on rural health matters. This function shall\ninclude the provision of staff support to the rural health council and\nthe establishment of appropriate program linkages with related federal,\nstate, and local agencies and programs such as the office of rural\naffairs, the agricultural extension service and migrant health services.\n  4. Assist medical schools and state agencies to develop comprehensive\nprograms to improve rural health personnel supply by promoting rural\nclinical training and curriculum improvement, and disseminating rural\nhealth career information to high school and college students.\n  5. Promote community strategic planning or new or improved health care\ndelivery systems and networks in rural areas. Strategic network planning\nand development may include such considerations as personnel, capital\nfacilities, reimbursement, primary care, long term care, acute care,\nrehabilitative, preventive, and related services on the health\ncontinuum.\n  6. Review the impact of programs, regulations, and health care\nreimbursement policies on rural services delivery and access.\n
N.Y. PBH Law § 528 — New York Code / Act PBH / Article 5 / Title 2 / Section 528
County laboratories; bills and accounts; payment
Status: in_force

§ 528. County laboratories; bills and accounts; payment. 1.  Unless\notherwise provided by law, the director or other person in charge of\neach laboratory shall certify all bills and accounts including salaries\nand wages, and transmit them to the board of supervisors of the county\nwhich shall provide for their payment in the same manner as other\ncharges against the county.\n  2. The board of supervisors of a county not having a purchasing agent\nmay make an appropriation for the maintenance of such laboratory and\ndirect the county treasurer to pay all bills, accounts, salaries and\nwages which are approved by the director of the laboratory within the\namount of such appropriation, subject to such regulations as to the\npayment and audit thereof as the board of supervisors may deem proper.\n
N.Y. RPT Law § 489-K — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-K
Unadjusted local reproduction cost and local reproduction cost
Status: in_force

§ 489-k. Unadjusted local reproduction cost and local reproduction\ncost.  1. The commissioner shall determine the unadjusted local\nreproduction cost for each railroad company in each assessing unit as\nfollows:\n  (a) Ascertain in each assessing unit the cost of reproduction new less\ndepreciation of the railroad real property other than land;\n  (b) Ascertain in each assessing unit the value of the land portion of\nrailroad real property and the value of rights in land in, above and\nunder any public street, highway or parkway used by such railroad\ncompany;\n  (c) Add the amounts ascertained under (a) and (b) above for each\nassessing unit. The result shall be the unadjusted local reproduction\ncost.\n  2. The commissioner shall determine the local reproduction cost for\neach railroad company in each assessing unit as follows:\n  (a) Compute the ratio of the total amount included in the system\nreproduction cost of such railroad company on account of the property\nincluded in the unadjusted local reproduction costs for all assessing\nunits to the aggregate of the unadjusted local reproduction costs for\nall assessing units for such railroad company;\n  (b) Multiply the unadjusted local reproduction cost for each assessing\nunit by the ratio computed in (a) above. The result shall be the local\nreproduction cost.\n  3. In making determinations under this section, the commissioner shall\nclassify the real property of each railroad company as between\ntransportation or non-transportation so far as may be practicable.\n  4. In ascertaining depreciation of property under this section,\nconsideration may be given to physical condition, average service lives\nof groups of property and other factors, which, however, shall not\ninclude earnings.\n  5. As used in this section, the term "value of land" means the value\nof similar land in the immediate vicinity used for other than railroad\ntransportation purposes and the term "value of rights in land in, above\nand under any public street, highway or parkway" means ten per cent of\nthe value of land in the immediate vicinity used for other than railroad\ntransportation purposes.\n  6. The determinations made under this section shall reflect so far as\nmay be practicable the status of the property as of December\nthirty-first of the preceding year.\n  7. In making determinations under this section, the commissioner shall\nconsider the information contained in accounts maintained pursuant to\nthe uniform system of accounts for railroad companies prescribed by the\ninterstate commerce commission and in the publication entitled "Elements\nof Value or Property Used in Common Carrier Service" then most recently\nissued or made available by the bureau of accounts, cost finding and\nvaluation of the interstate commerce commission. The commissioner may\nconsider information available from the commissioner of transportation\nand from other sources, including reports required pursuant to section\nfour hundred eighty-nine-q, and such other information on the subject as\nmay be available to it.\n
N.Y. RPT Law § 489-MM — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-MM
Application of railroad ceiling; computation of exemption
Status: in_force

§ 489-mm.  Application of railroad ceiling; computation of exemption.\n1.  Upon receipt of a certificate setting forth the railroad ceiling for\na railroad company, the assessor shall compute for his assessing unit\nthe aggregate of the assessed valuations and portions thereof\nattributable to railroad real property of such railroad company for\nwhich a railroad ceiling has been determined.  If the aggregate of such\nassessed valuations, as so computed, does not exceed the ceiling as set\nforth in the certificate for the railroad company, the assessor shall\nmake no adjustment in such assessed valuations.  If, however, the\naggregate of such assessed valuations, as so computed, shall exceed the\namount of such ceiling as set forth in the certificate, such railroad\nreal property shall be exempt from taxation to the extent of such excess\nand the assessor shall forthwith reduce the assessments of such railroad\nreal property of such railroad company, so that the aggregate of the\ntaxable assessed valuations of such property shall not exceed such\nceiling; provided, however, that the assessor shall make no adjustment\nin such assessed valuations if the company failed for any reason to pay\nwithin thirty days of the date when due the tax levied upon the taxable\nportion of the assessment of any railroad real property of the company\nset forth on the immediately preceding assessment roll of any assessing\nunit unless the payment or enforcement of such tax was restrained or\nprohibited by an order issued by a court of competent jurisdiction under\nthe bankruptcy act of the United States.  In reducing such assessments\nfor the purpose of giving effect to exemptions granted by this title,\nthe assessor shall distribute such reduction to the parcels affected in\ndirect proportion to the assessed valuations of such railroad real\nproperty included in the assessment of each parcel as initially\ndetermined by the assessor.  The amount so deducted from the assessed\nvaluation of each parcel shall be set forth on the portion of the\nassessment roll provided for property exempt from taxation.  The taxable\nportion of the assessment remaining on railroad real property shall be\napportioned among the school districts and special districts directly in\nproportion to the apportionments of the assessed valuations of such\nrailroad real property made by the assessor prior to the adjustment for\nthe exemption resulting from application of the railroad ceiling.  All\ncertificates of railroad ceilings shall be attached to the assessment\nroll or filed therewith as provided in article fifteen-C of this\nchapter.\n  2.  The assessor is hereby authorized and directed to make the\nreductions, if any, provided for in this section on the assessment roll\nnotwithstanding the fact that he may receive the certificate of the\nrailroad ceiling after the final completion, verification and filing of\nsuch assessment roll.  Other local officers, including school\nauthorities having custody and control of such roll, are hereby\nauthorized and directed, on the basis of information which shall be\nfurnished by the assessor, to make the reductions provided for in this\nsection.\n  3.  In assessing units for which he is required by law to prepare an\nassessment roll, the assessor of a county having a county department of\nassessment shall perform all the acts prescribed for an assessor by this\ntitle. Where a village has enacted a local law as provided in\nsubdivision three of section fourteen hundred two of this chapter, the\nassessor of the town or county who prepares a copy of the applicable\npart of the town or county assessment roll for village tax purposes\nshall also perform the acts prescribed for assessors by this title on\nbehalf of the village.\n
N.Y. EDN Law § 1514 — New York Code / Act EDN / Title 2 / Article 31 / Section 1514
Property of districts consolidated
Status: in_force

§ 1514. Property of districts consolidated.  When two or more\ndistricts shall be consolidated into one, the new district shall succeed\nto all the rights of property possessed by the annulled districts.\n
N.Y. PBA Law § 3158 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3158
Continuity of authority
Status: in_force

§ 3158. Continuity of authority. Upon the transfer pursuant to section\nthirty-one hundred fifty-six of this title of the functions and powers\npossessed by and all of the obligations and duties of the New York state\noffice of science, technology and academic research as established\npursuant to article ten-B of the executive law to the foundation as\nprescribed by section thirty-one hundred fifty-six of this title for the\npurpose of succession to all functions, powers, duties and obligations\nof the New York state office of science, technology and academic\nresearch, the foundation shall be deemed and held to constitute the\ncontinuation of such authority and not a different agency or authority.\n
N.Y. RPT Law § 489-IIIIII — New York Code / Act RPT / Article 4 / Title 2-F / Section 489-IIIIII
Code violations; suspension, termination or revocation of benefits
Status: in_force

§ 489-iiiiii. Code violations; suspension, termination or revocation\nof benefits. 1. Abatement benefits shall be suspended, terminated or\nrevoked if the recipient is found to have failed to cure violations of\napplicable building, fire, or air pollution control codes on the\nproperty for which benefits have been granted or any state, city, or\nmunicipal business regulations or ordinances in a manner specified by\nlocal law or ordinance related to payment of taxes, payment of wages, or\nfraudulent representation to governmental entities.\n  2. Abatement benefits shall be suspended, terminated or revoked if the\nrecipient is found to have violated any provision of article fifteen of\nthe executive law by a competent authority, agency or court.\n  3. All taxes plus interest required to be paid retroactively pursuant\nto this title shall constitute a tax lien as of the date it is\ndetermined such taxes and interest are owed. Interest shall be\ncalculated from the date the taxes would have been due but for the\nabatement claimed pursuant to this title at the interest rate imposed by\nsuch city for non-payment of property tax.\n
N.Y. EDN Law § 2856 — New York Code / Act EDN / Title 2 / Article 56 / Section 2856
Financing of charter schools
Status: in_force

§ 2856. Financing of charter schools. * 1. (a) The enrollment of\nstudents attending charter schools shall be included in the enrollment,\nattendance, membership and, if applicable, count of students with\ndisabilities of the school district in which the pupil resides. The\ncharter school shall report all such data to the school districts of\nresidence in a timely manner. Each school district shall report such\nenrollment, attendance and count of students with disabilities to the\ndepartment. The school district of residence shall pay directly to the\ncharter school for each student enrolled in the charter school who\nresides in the school district the charter school basic tuition, which\nshall be:\n  (i) for school years prior to the two thousand nine--two thousand ten\nschool year, an amount equal to one hundred percent of the amount\ncalculated pursuant to paragraph f of subdivision one of section\nthirty-six hundred two of this chapter for the school district for the\nyear prior to the base year increased by the percentage change in the\nstate total approved operating expense calculated pursuant to paragraph\nt of subdivision one of section thirty-six hundred two of this chapter\nfrom two years prior to the base year to the base year;\n  (ii) for the two thousand nine--two thousand ten school year, the\ncharter school basic tuition shall be the amount payable by such\ndistrict as charter school basic tuition for the two thousand eight--two\nthousand nine school year;\n  (iii) for the two thousand ten--two thousand eleven through two\nthousand thirteen--two thousand fourteen school years, the charter\nschool basic tuition shall be the basic tuition computed for the two\nthousand ten--two thousand eleven school year pursuant to the provisions\nof subparagraph (i) of this paragraph;\n  (iv) for the two thousand fourteen--two thousand fifteen, two thousand\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\nseventeen school years, the charter school basic tuition shall be the\nsum of the lesser of the charter school basic tuition computed for the\ntwo thousand ten--two thousand eleven school year pursuant to the\nprovisions of subparagraph (i) of this paragraph or the charter school\nbasic tuition computed for the current year pursuant to the provisions\nof subparagraph (i) of this paragraph plus the supplemental basic\ntuition;\n  (v) for the two thousand seventeen--two thousand eighteen school year,\nthe charter school basic tuition shall be the sum of (A) the charter\nschool basic tuition for the two thousand sixteen--two thousand\nseventeen school year plus (B) five hundred dollars;\n  (vi) for the two thousand eighteen--two thousand nineteen school year,\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year five years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year, provided\nthat the highest and lowest annual quotients shall be excluded from the\ncalculation of such average or (B) the quotient of the total general\nfund expenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n  (vii) for the two thousand nineteen--two thousand twenty school year\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year three years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year provided\nthat the highest annual quotient calculated pursuant to this\nsubparagraph shall be replaced by the average quotient calculated\npursuant to subparagraph (vi) of this paragraph or (B) the quotient of\nthe total general fund expenditures for the school district calculated\npursuant to an electronic data file created for the purpose of\ncompliance with paragraph b of subdivision twenty-one of section three\nhundred five of this chapter published annually on May fifteenth for the\nyear prior to the base year divided by the total estimated public\nenrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (viii) for the two thousand twenty--two thousand twenty-one and two\nthousand twenty-one--two thousand twenty-two school years, the charter\nschool basic tuition shall be the lesser of (A) the product of (i) the\ncharter school basic tuition calculated for the base year multiplied by\n(ii) the average of the quotients for each school year in the period\ncommencing with the year three years prior to the base year and\nfinishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year multiplied\nby, for the two thousand twenty--two thousand twenty-one school year\nonly, (iii) nine hundred forty-five one-thousandths (0.945) or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (ix) for the two thousand twenty-two--two thousand twenty-three\nthrough two thousand twenty-four--two thousand twenty-five school years\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year four years prior to the base year\nand finishing with the year prior to the base year, excluding the two\nthousand twenty--two thousand twenty-one school year, of the total\napproved operating expense for such school district calculated pursuant\nto paragraph t of subdivision one of section thirty-six hundred two of\nthis chapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (x) for the two thousand twenty-five--two thousand twenty-six school\nyear and thereafter the charter school basic tuition shall be the lesser\nof (A) the product of (i) the charter school basic tuition calculated\nfor the base year multiplied by (ii) the average of the quotients for\neach school year in the period commencing with the year three years\nprior to the base year and finishing with the year prior to the base\nyear of the total approved operating expense for such school district\ncalculated pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this chapter for each such year divided by the\ntotal approved operating expense for such district for the immediately\npreceding year or (B) the quotient of the total general fund\nexpenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n  For the purposes of this subdivision, the "supplemental basic tuition"\nshall be (A) for a school district for which the charter school basic\ntuition computed for the current year is greater than or equal to the\ncharter school basic tuition for the two thousand ten--two thousand\neleven school year pursuant to the provisions of subparagraph (i) of\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\nschool year two hundred and fifty dollars, and (2) for the two thousand\nfifteen--two thousand sixteen school year three hundred and fifty\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\nschool year five hundred dollars, and (4) for the two thousand\nseventeen--two thousand eighteen school year and thereafter, the sum of\n(i) the supplemental basic tuition calculated for the two thousand\nsixteen--two thousand seventeen school year plus (ii) five hundred\ndollars, and (B) for school years prior to the two thousand\nseventeen--two thousand eighteen school year, for a school district for\nwhich the charter school basic tuition for the two thousand ten--two\nthousand eleven school year is greater than the charter school basic\ntuition for the current year pursuant to the provisions of subparagraph\n(i) of this paragraph, the positive difference of the charter school\nbasic tuition for the two thousand ten--two thousand eleven school year\nminus the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph and (C) for school\nyears following the two thousand sixteen--two thousand seventeen school\nyears, for a school district for which the charter school basic tuition\nfor the two thousand ten--two thousand eleven school year is greater\nthan the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph, the sum of (i) the\nsupplemental basic tuition calculated for the two thousand sixteen--two\nthousand seventeen school year plus (ii) five hundred dollars.\n  (b) The school district shall also pay directly to the charter school\nany federal or state aid attributable to a student with a disability\nattending charter school in proportion to the level of services for such\nstudent with a disability that the charter school provides directly or\nindirectly. Notwithstanding anything in this section to the contrary,\namounts payable pursuant to this subdivision from state or local funds\nmay be reduced pursuant to an agreement between the school and the\ncharter entity set forth in the charter. Payments made pursuant to this\nsubdivision shall be made by the school district in six substantially\nequal installments each year beginning on the first business day of July\nand every two months thereafter. Amounts payable under this subdivision\nshall be determined by the commissioner. Amounts payable to a charter\nschool in its first year of operation shall be based on the projections\nof initial-year enrollment set forth in the charter until actual\nenrollment data is reported to the school district by the charter\nschool. Such projections shall be reconciled with the actual enrollment\nas actual enrollment data is so reported and at the end of the school's\nfirst year of operation and each subsequent year based on a final report\nof actual enrollment by the charter school, and any necessary\nadjustments resulting from such final report shall be made to payments\nduring the school's following year of operation.\n  (c) Notwithstanding any other provision of this subdivision to the\ncontrary, payment of the federal aid attributable to a student with a\ndisability attending a charter school shall be made in accordance with\nthe requirements of section 8065-a of title twenty of the United States\ncode and sections 76.785-76.799 and 300.209 of title thirty-four of the\ncode of federal regulations.\n  (d) School districts shall be eligible for an annual apportionment\nequal to the amount of the supplemental basic tuition for the charter\nschool in the base year for the expenses incurred in the two thousand\nfourteen--two thousand fifteen, two thousand fifteen--two thousand\nsixteen, two thousand sixteen--two thousand seventeen school years and\nthereafter. Provided that for expenses incurred in the two thousand\ntwenty--two thousand twenty-one school year, for a city school district\nin a city having a population of one million or more, the annual\napportionment shall be reduced by thirty-five million dollars\n($35,000,000) upon certification by the director of the budget of the\navailability of a grant in the same amount from the elementary and\nsecondary school emergency relief funds provided through the American\nrescue plan act of 2021 (P.L. 117-2). Provided further that for expenses\nincurred in the two thousand twenty-three--two thousand twenty-four\nschool year, for a city school district in a city having a population of\none million or more, the annual apportionment shall be reduced by\nthirty-five million dollars ($35,000,000) upon certification by the\ndirector of the budget of the availability of a grant in the same amount\nfrom the elementary and secondary school emergency relief funds provided\nthrough the American rescue plan act of 2021 (P.L. 117-2).\n  * NB Effective until June 30, 2027\n  * 1. (a) The enrollment of students attending charter schools shall be\nincluded in the enrollment, attendance and, if applicable, count of\nstudents with disabilities of the school district in which the pupil\nresides. The charter school shall report all such data to the school\ndistricts of residence in a timely manner. Each school district shall\nreport such enrollment, attendance and count of students with\ndisabilities to the department. The school district of residence shall\npay directly to the charter school for each student enrolled in the\ncharter school who resides in the school district the charter school\nbasic tuition which shall be:\n  (i) for school years prior to the two thousand nine--two thousand ten\nschool year, an amount equal to one hundred percent of the amount\ncalculated pursuant to paragraph f of subdivision one of section\nthirty-six hundred two of this chapter for the school district for the\nyear prior to the base year increased by the percentage change in the\nstate total approved operating expense calculated pursuant to paragraph\nt of subdivision one of section thirty-six hundred two of this chapter\nfrom two years prior to the base year to the base year;\n  (ii) for the two thousand nine--two thousand ten school year, the\ncharter school basic tuition shall be the amount payable by such\ndistrict as charter school basic tuition for the two thousand eight--two\nthousand nine school year;\n  (iii) for the two thousand ten--two thousand eleven through two\nthousand thirteen--two thousand fourteen school years, the charter\nschool basic tuition shall be the basic tuition computed for the two\nthousand ten--two thousand eleven school year pursuant to the provisions\nof subparagraph (i) of this paragraph;\n  (iv) for the two thousand fourteen--two thousand fifteen, two thousand\nfifteen--two thousand sixteen and two thousand sixteen--two thousand\nseventeen school years, the charter school basic tuition shall be the\nsum of the lesser of the charter school basic tuition computed for the\ntwo thousand ten--two thousand eleven school year pursuant to the\nprovisions of subparagraph (i) of this paragraph or the charter school\nbasic tuition computed for the current year pursuant to the provisions\nof subparagraph (i) of this paragraph plus the supplemental basic\ntuition;\n  (v) for the two thousand seventeen--two thousand eighteen school year,\nthe charter school basic tuition shall be the sum of (A) the charter\nschool basic tuition for the two thousand sixteen--two thousand\nseventeen school year plus (B) five hundred dollars;\n  (vi) for the two thousand eighteen--two thousand nineteen school year,\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year five years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year, provided\nthat the highest and lowest annual quotients shall be excluded from the\ncalculation of such average or (B) the quotient of the total general\nfund expenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n  (vii) for the two thousand nineteen--two thousand twenty school year\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year three years prior to the base year\nand finishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year provided\nthat the highest annual quotient calculated pursuant to this\nsubparagraph shall be replaced by the average quotient calculated\npursuant to subparagraph (vi) of this paragraph or (B) the quotient of\nthe total general fund expenditures for the school district calculated\npursuant to an electronic data file created for the purpose of\ncompliance with paragraph b of subdivision twenty-one of section three\nhundred five of this chapter published annually on May fifteenth for the\nyear prior to the base year divided by the total estimated public\nenrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (viii) for the two thousand twenty--two thousand twenty-one and two\nthousand twenty-one--two thousand twenty-two school years, the charter\nschool basic tuition shall be the lesser of (A) the product of (i) the\ncharter school basic tuition calculated for the base year multiplied by\n(ii) the average of the quotients for each school year in the period\ncommencing with the year three years prior to the base year and\nfinishing with the year prior to the base year of the total approved\noperating expense for such school district calculated pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year multiplied\nby, for the two thousand twenty--two thousand twenty-one school year\nonly, (iii) nine hundred forty-five one-thousandths (0.945) or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (ix) for the two thousand twenty-two--two thousand twenty-three\nthrough two thousand twenty-four--two thousand twenty-five school years\nthe charter school basic tuition shall be the lesser of (A) the product\nof (i) the charter school basic tuition calculated for the base year\nmultiplied by (ii) the average of the quotients for each school year in\nthe period commencing with the year four years prior to the base year\nand finishing with the year prior to the base year, excluding the two\nthousand twenty--two thousand twenty-one school year, of the total\napproved operating expense for such school district calculated pursuant\nto paragraph t of subdivision one of section thirty-six hundred two of\nthis chapter for each such year divided by the total approved operating\nexpense for such district for the immediately preceding year or (B) the\nquotient of the total general fund expenditures for the school district\ncalculated pursuant to an electronic data file created for the purpose\nof compliance with paragraph b of subdivision twenty-one of section\nthree hundred five of this chapter published annually on May fifteenth\nfor the year prior to the base year divided by the total estimated\npublic enrollment for the school district pursuant to paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter for\nthe year prior to the base year.\n  (x) for the two thousand twenty-five--two thousand twenty-six school\nyear and thereafter the charter school basic tuition shall be the lesser\nof (A) the product of (i) the charter school basic tuition calculated\nfor the base year multiplied by (ii) the average of the quotients for\neach school year in the period commencing with the year three years\nprior to the base year and finishing with the year prior to the base\nyear of the total approved operating expense for such school district\ncalculated pursuant to paragraph t of subdivision one of section\nthirty-six hundred two of this chapter for each such year divided by the\ntotal approved operating expense for such district for the immediately\npreceding year or (B) the quotient of the total general fund\nexpenditures for the school district calculated pursuant to an\nelectronic data file created for the purpose of compliance with\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter published annually on May fifteenth for the year prior to\nthe base year divided by the total estimated public enrollment for the\nschool district pursuant to paragraph n of subdivision one of section\nthirty-six hundred two of this chapter for the year prior to the base\nyear.\n  For the purposes of this subdivision, the "supplemental basic tuition"\nshall be (A) for a school district for which the charter school basic\ntuition computed for the current year is greater than or equal to the\ncharter school basic tuition for the two thousand ten--two thousand\neleven school year pursuant to the provisions of subparagraph (i) of\nthis paragraph, (1) for the two thousand fourteen--two thousand fifteen\nschool year two hundred and fifty dollars, and (2) for the two thousand\nfifteen--two thousand sixteen school year three hundred and fifty\ndollars, and (3) for the two thousand sixteen--two thousand seventeen\nschool year five hundred dollars, and (4) for the two thousand\nseventeen--two thousand eighteen school year and thereafter, the sum of\n(i) the supplemental basic tuition calculated for the two thousand\nsixteen--two thousand seventeen school year plus (ii) five hundred\ndollars, and (B) for school years prior to the two thousand\nseventeen--two thousand eighteen school year, for a school district for\nwhich the charter school basic tuition for the two thousand ten--two\nthousand eleven school year is greater than the charter school basic\ntuition for the current year pursuant to the provisions of subparagraph\n(i) of this paragraph, the positive difference of the charter school\nbasic tuition for the two thousand ten--two thousand eleven school year\nminus the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph and (C) for school\nyears following the two thousand sixteen--two thousand seventeen school\nyears, for a school district for which the charter school basic tuition\nfor the two thousand ten--two thousand eleven school year is greater\nthan the charter school basic tuition for the current year pursuant to\nthe provisions of subparagraph (i) of this paragraph, the sum of (i) the\nsupplemental basic tuition calculated for the two thousand sixteen--two\nthousand seventeen school year plus (ii) five hundred dollars.\n  (b) The school district shall also pay directly to the charter school\nany federal or state aid attributable to a student with a disability\nattending charter school in proportion to the level of services for such\nstudent with a disability that the charter school provides directly or\nindirectly. Notwithstanding anything in this section to the contrary,\namounts payable pursuant to this subdivision may be reduced pursuant to\nan agreement between the school and the charter entity set forth in the\ncharter. Payments made pursuant to this subdivision shall be made by the\nschool district in six substantially equal installments each year\nbeginning on the first business day of July and every two months\nthereafter. Amounts payable under this subdivision shall be determined\nby the commissioner. Amounts payable to a charter school in its first\nyear of operation shall be based on the projections of initial-year\nenrollment set forth in the charter. Such projections shall be\nreconciled with the actual enrollment at the end of the school's first\nyear of operation, and any necessary adjustments shall be made to\npayments during the school's second year of operation.\n  (c) School districts shall be eligible for an annual apportionment\nequal to the amount of the supplemental basic tuition for the charter\nschool in the base year for the expenses incurred in the two thousand\nfourteen--two thousand fifteen, two thousand fifteen--two thousand\nsixteen, two thousand sixteen--two thousand seventeen school years and\nthereafter. Provided that for expenses incurred in the two thousand\ntwenty--two thousand twenty-one school year, for a city school district\nin a city having a population of one million or more, the annual\napportionment shall be reduced by thirty-five million dollars\n($35,000,000) upon certification by the director of the budget of the\navailability of a grant in the same amount from the elementary and\nsecondary school emergency relief funds provided through the American\nrescue plan act of 2021 (P.L. 117-2). Provided further that for expenses\nincurred in the two thousand twenty-three--two thousand twenty-four\nschool year, for a city school district in a city having a population of\none million or more, the annual apportionment shall be reduced by\nthirty-five million dollars ($35,000,000) upon certification by the\ndirector of the budget of the availability of a grant in the same amount\nfrom the elementary and secondary school emergency relief funds provided\nthrough the American rescue plan act of 2021 (P.L. 117-2).\n  * NB Effective June 30, 2027\n  2. In the event of the failure of the school district to make payments\nrequired by this section, the state comptroller shall deduct from any\nstate funds which become due to such school district an amount equal to\nthe unpaid obligation. The comptroller shall pay over such sum to the\ncharter school upon certification of the commissioner. The commissioner\nshall promulgate regulations to implement the provisions of this\nsubdivision.\n  3. Nothing in this article shall be construed to prohibit any person\nor organization from providing funding or other assistance to the\nestablishment or operation of a charter school. The board of trustees of\na charter school is authorized to accept gifts, donations or grants of\nany kind made to the charter school and to expend or use such gifts,\ndonations or grants in accordance with the conditions prescribed by the\ndonor; provided, however, that no gift, donation or grant may be\naccepted if subject to a condition that is contrary to any provision of\nlaw or term of the charter.\n
N.Y. ELN Law § 7-200 — New York Code / Act ELN / Article 7 / Title 2 / Section 7-200
Adoption and use of voting machine or system
Status: in_force

§ 7-200. Adoption and use of voting machine or system. 1. The board of\nelections of the city of New York and other county boards of elections\nmay adopt any kind of voting machine or system approved by the state\nboard of elections, or the use of which has been specifically authorized\nby law; and thereupon such voting machine or system may be used at any\nor all elections and shall be used at all general or special elections\nheld by such boards in such city, town or village and in every contested\nprimary election in the city of New York and in every contested primary\nelection outside the city of New York in which there are one thousand or\nmore enrolled voters qualified to vote. No more than two types of voting\nmachines or systems may be used by any local board of elections at a\nsingle election. Notwithstanding the other provisions of this\nsubdivision, any local board of elections may borrow or lease for use on\nan experimental basis for a period of not more than one year each,\nvoting machines or systems of any type approved by the state board of\nelections.\n  2. For five years after any voting machine or system of a type\napproved by the state board of elections pursuant to the election reform\nand modernization act of 2005 is first used in any election district,\nthe local board of elections which owns such machine or system shall\nprovide a model or diagram of such voting machine or system for each\npolling place in which any such election district is located. Such\nmodels or diagrams shall meet the standards set forth in regulations\npromulgated by the state board of elections.\n  3. Whenever there are more offices to be elected than can be\naccommodated on the voting machine or system or more candidates have\nbeen nominated for an office than can be accommodated on the voting\nmachine or system, the local board of elections may provide for the use\nof separate paper ballots for such offices, when other offices are voted\nfor on voting machines or systems by voters of the same election\ndistrict.\n
N.Y. RPT Law § 544 — New York Code / Act RPT / Article 5 / Title 2 / Section 544
Payment of taxes by state
Status: in_force

§ 544. Payment of taxes by state. 1. The comptroller shall pay taxes\nlevied on lands of the state in each county pursuant to the foregoing\nsections of this title, out of moneys appropriated by the legislature\ntherefor, to the county treasurer for appropriate distribution upon\nsubmission of a statement of such taxes by him or her in such form and\nexecuted in such manner by the county treasurer as may be required by\nthe comptroller. Provided, however, that in the case of lands which are\ntaxable pursuant to subdivision (j) of section five hundred thirty-two\nof this title, the comptroller shall pay such taxes. Such payment shall\nbe requested, processed and paid separately from all other taxes that\nare payable to the county treasurer pursuant to this section.\n  2. No penalties, interest or fees of any kind, except fees payable to\nschool district collecting officers pursuant to subdivision one of\nsection thirteen hundred twenty-eight of this chapter on school taxes on\nlands outside the forest preserve, shall be added to taxes payable by\nthe state pursuant to the provisions of this section.\n
N.Y. GMU Law § 916-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 916-A
The Niagara county industrial development agency
Status: in_force

* § 916-a. The Niagara county industrial development agency. 1. For\nthe benefit of the county of Niagara and the inhabitants thereof, an\nindustrial development agency, to be known as the NIAGARA COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provide that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Niagara, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the county of\nNiagara. The agency, its members, officers and employees and its\noperations and activities shall, except as provided specifically herein,\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n  2. In addition to the powers and duties now or hereafter conferred by\ntitle one of article eighteen-A of this chapter, the agency shall have\nthe power (i) to acquire, construct, own, maintain, and lease or sell to\na railroad or private business corporation any interest in railroads\noperated within Niagara county, including easements or rights of way,\nnecessary switching apparatus, track, and other equipment necessary or\nconvenient to the operation of such railroad, which will be used in\nconjunction with industrial, manufacturing, commercial or warehousing\noperations and (ii) to finance such facilities through the issuance of\nits bonds and notes, when in the judgment of the agency, such facilities\nwill serve to promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing of industrial, manufacturing, warehousing, commercial, and\nresearch facilities including industrial pollution control facilities\nand thereby advance the job opportunities, health, general prosperity\nand economic welfare of the people of the state and improve their\nprosperity and standard of living.\n  3. Notwithstanding the provisions of subdivision two of section eight\nhundred fifty-six of article eighteen-A of this chapter, the agency\nshall consist of not less than three nor more than nine members who\nshall be appointed by the governing body of the county of Niagara.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 3406 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3406
Transfer of property; relationship with the county; certain gifts, loans and guarantees by the county
Status: in_force

§ 3406. Transfer of property; relationship with the county; certain\ngifts, loans and guarantees by the county. 1. (a) By county ordinance\nonly, the county may contract, sell, convey, loan, license the use of,\nor lease to the corporation any property or assets (except monies\nappropriated by the county and payable to the corporation pursuant to\nsubdivision three and paragraph (a) of subdivision four of this\nsection), including its interest in Healthfirst Inc., which are useful\nin connection with the exercise by the corporation of any of its powers\nunder this title in order to transfer the facilities and operations in\nwhole or in part of any facility, operation or program of the county of\nNassau providing health care services, whether or not the provision of\nsuch facility, operation or program by the county is specifically\nmandated by state law, to the corporation by agreement between the\ncounty and the corporation and any subsequent renewal or amendment\nthereof. The powers conferred upon the county herein to sell, convey,\nloan, license the use of or lease property or assets of the county to\nthe corporation are in addition to any other powers granted to the\ncounty by law relating to the sale, conveyance, alienation, leasing,\nlicensing or loaning of real or personal property and are not subject to\nany law to the extent inconsistent herewith.\n  (b) Any such contract, sale, conveyance, loan, license or lease shall\nbe upon such terms and conditions, for such consideration which may\ninclude cash, services or any combination thereof which the county\ndetermines to be in the best interests of the citizens and taxpayers of\nthe county and for such term or terms of years, subject to the rights of\nthe holders of any bonds, as the corporation and the county may agree.\nNo real property of the county consisting of any health facility\ncurrently operated by Nassau county shall be transferred to the\ncorporation in fee, except under such restrictions regarding rights of\nfirst refusal, or other rights, to repurchase the property as the Nassau\ncounty legislature shall approve by act.  Any such contract, sale,\nconveyance, lease, loan or license shall not be subject to referendum,\npermissive or mandatory. In the event that the county contracts, sells,\nconveys, loans, licenses or leases any property or assets to the\ncorporation, the county may contract with the corporation to lease,\nborrow, license, operate, maintain, manage and provide services for such\nfacilities upon such terms and conditions and for such term or terms of\nyears, subject to the rights of holders of bonds, as the corporation and\nthe county may agree. The corporation, in furtherance of any purchase,\nconveyance or lease of any property or facility from the county, may\nassume the primary responsibility for the payment of the principal and\ninterest on any bonds or notes issued by the county for such property or\nfacility.\n  (c) Upon the terms and conditions and on the effective date set forth\nin the agreement between the county and the corporation entered into\npursuant to paragraph (a) of subdivision one of this section, such\ndepartments, agencies, facilities, services and other rights and\ninterest of the county pertaining to health care services as the county\nor corporation may agree shall be transferred to the corporation. Upon\nany such transfer, the county is authorized to restructure or eliminate\nall such departments, agencies or facilities.\n  2. The county may acquire by purchase, lease, or condemnation pursuant\nto the eminent domain procedure law, real property in the name of the\ncounty for any corporate purpose of the corporation.\n  3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the county may, from\ntime to time, appropriate sums of money to defray project costs or any\nother costs or expenses of the corporation including operating expenses.\n  Subject to the rights of bondholders, the county may determine if the\nmonies so appropriated shall be subject to repayment by the corporation\nto the county and, in such event, the manner and time or times for such\nrepayment.\n  4. In addition to the authority granted elsewhere in this title and by\nother applicable laws, the corporation and the county may enter into a\ncontract or contracts from time to time providing for one or more of the\nfollowing:\n  (a) the payment of sums appropriated by the county pursuant to\nsubdivision three of this section;\n  (b) the payment of sums for health care services provided by the\ncorporation which could otherwise be provided directly by the county,\nincluding services for uncompensated care;\n  (c) services to be provided by the county to or on behalf of the\ncorporation;\n  (d) the transfer of employees of the county to the corporation as\nprovided in section thirty-four hundred three of this title;\n  (e) indemnification by the corporation to the county for claims\nassociated with establishment of and operation of the corporation and\nits health facilities;\n  (f) the sale, conveyance, loan, license or lease by the county to the\ncorporation of any property (except monies appropriated by the county\nand payable to the corporation pursuant to subdivision three and\nparagraph (a) of this subdivision) or facilities which are useful in\nconnection with the exercise by the corporation of any of its powers\nunder this title not transferred pursuant to the authority granted in\nparagraph (a) of subdivision one of this section, which sale,\nconveyance, loan, license or lease shall nevertheless be subject to\nparagraph (b) of subdivision one of this section; and\n  (g) such other matters as may be appropriate to accomplish the\npurposes hereof.\n  Any such contract or contracts shall be authorized by the county by\nresolution or ordinance adopted by the county legislature or in such\nother manner as permitted by the county government law of the county of\nNassau.  Such contract or contracts shall include such terms and\nconditions and have such term or terms of years, as the corporation and\nthe county may agree.\n  5. (a) The county of Nassau shall have the power and is hereby\nauthorized, pursuant to section seven of article seventeen of the state\nconstitution, to lend its money or credit to or in aid of the\ncorporation or any subsidiary thereof for the purpose of providing\nhealth related facilities or hospital facilities for the prevention,\ndiagnosis or treatment of human disease, pain, injury, disability,\ndeformity or physical condition, and for facilities incidental or\nappurtenant thereto as may be prescribed by law. The county is hereby\nauthorized to prescribe such facilities by local law of the county. The\ncorporation or any such subsidiary thereof, as a condition to any such\nloan of money or credit, shall enter into a regulatory agreement with\nthe county as to its charges, profits, dividends and disposition or its\nproperty of franchises, which agreement shall be binding and enforceable\nby the county.  The county may elect in such regulatory agreement to\nrefrain from exercising all or any portion of its authority to so\nregulate such charges, profits, dividends and disposition of property or\nfranchise to the extent such charges, profits, dividends and disposition\nof property or franchise are regulated by the state or any agency\nthereof. The county shall authorize such regulatory agreement by local\nlaw.\n  (b) In pursuance of the authority granted herein, the county shall\nhave the power and is hereby authorized from time to time to issue its\nbonds, notes or other obligations in such principal amounts as it shall\ndeem necessary, after taking into account other monies which may be\navailable for the purposes set forth herein. Such bonds, notes or\nobligations shall be issued for the purpose of making loans to the\ncorporation or any subsidiary thereof, paying interest on such bonds,\nnotes or other obligations, and paying all other obligations and\nexpenditures incidental to and necessary or convenient for the making of\nsuch loans.  Such bonds, notes or obligations shall be issued in\naccordance with the applicable provisions of this chapter and the local\nfinance law and applicable local laws.\n  (c) Any guarantee by the county made pursuant to the authority granted\nin this section shall be authorized by ordinance or ordinances of the\ncounty in the same manner as such ordinance or ordinances authorizing\nthe issuance of bonds of the county for the purposes for which such\nguarantee is undertaken.\n  (d) The county shall also be authorized to enact laws governing the\nconditions under which such loans, commitments and guarantees shall be\nmade.\n  6. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the county of Nassau\nfrom the corporation, or any subsidiary thereof, shall be included in\nthe term "other income".\n  7. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the county\nlegislature, amounts deposited for or on behalf of the health care and\nmedical facilities or operations of the county which have been\ntransferred to the corporation pursuant to this section in the liability\nand casualty and workers' compensation reserve funds established by the\ncounty pursuant to said sections of the general municipal law, and\ninvestment earnings thereon, may be withdrawn by the county from such\nfunds and transferred to the corporation and shall be used by the\ncorporation for the purposes for which such funds were established.\n  (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless prior thereto the corporation has\nagreed in writing to indemnify and hold harmless the county, and provide\ndefense, for all claims, cases, proceedings, actions or other matters\nagainst the county arising out of the properties, facilities, operations\nor employees of the corporation of the Nassau Health Care Corporation,\nwhether commenced before or after the date of transfer of said amounts,\nand to provide such other security for this obligation as the county may\nreasonably require.\n  8. Notwithstanding the provisions of any state or local law to the\ncontrary, including but not limited to section six-l of the general\nmunicipal law, any monies derived by the county in consideration of the\nsale of its facilities or property to the corporation pursuant to this\nsection may be used for any lawful purpose of the county.\n
N.Y. PBH Law § 2896-D — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-D
Examination of applicants
Status: in_force

§ 2896-d. Examination of applicants. 1. Applicants for licensure as\nnursing home administrators shall be required to pass an examination\nencompassing the subject matter of the courses of study, instruction,\ntraining and experience required by the board and certified by the\ncommissioner.\n  2. The examination may be administered by the department or by another\ntesting service certified by the commissioner pursuant to subdivision\none of this section. The applicant shall be responsible for all fees\ncharged by the authorized testing service for the administration of the\nexamination.\n  3. The department may require applicants to demonstrate eligibility\nfor licensure in accordance with section two thousand eight hundred\nninety-six-c of this title prior to taking the examination.\n  4. Following such examinations, the board shall review and rate the\nexamination results and shall submit to the department an official\nreport signed by its chairman and secretary stating the ratings of each\napplicant and naming all applicants who successfully passed the\nexamination.\n  5. The board may accept in lieu of the requirements in paragraph (e)\nof subdivision one of section two thousand eight hundred ninety-six-c of\nthis title, a certificate, registration or license issued by another\nstate or political subdivision of the United States on the basis of\nqualifications and an examination satisfactory to the board. The\napplication fee shall accompany an application for persons.\n