N.Y. PBH Law § 18 — New York Code / Act PBH / Article 1 / Title 2 / Section 18
Access to patient information
Status: in_force

* § 18. Access to patient information. 1. Definitions. For the purpose\nof this section:\n  (a) "Committee" means a medical access review committee appointed\npursuant to subdivision four of this section.\n  (b) "Health care provider" or "provider" means a "health care\nfacility" or a "health care practitioner" as defined by this\nsubdivision.\n  (c) "Health care facility" or "facility" means a hospital as defined\nin article twenty-eight of this chapter, a home care services agency as\ndefined in article thirty-six of this chapter, a hospice as defined in\narticle forty of this chapter, a health maintenance organization as\ndefined in article forty-four of this chapter, and a shared health\nfacility as defined in article forty-seven of this chapter.\n  (d) "Health care practitioner" or "practitioner" means a person\nlicensed under article one hundred thirty-one, one hundred thirty-one-B,\none hundred thirty-two, one hundred thirty-three, one hundred\nthirty-six, one hundred thirty-nine, one hundred forty-one, one hundred\nforty-three, one hundred forty-four, one hundred fifty-three, one\nhundred fifty-four, one hundred fifty-six or one hundred fifty-nine of\nthe education law or a person certified under section twenty-five\nhundred sixty of this chapter.\n  (e) "Patient information" or "information" means any information\nconcerning or relating to the examination, health assessment including,\nbut not limited to, a health assessment for insurance and employment\npurposes or treatment of an identifiable subject maintained or possessed\nby a health care facility or health care practitioner who has provided\nor is providing services for assessment of a health condition including,\nbut not limited to, a health assessment for insurance and employment\npurposes or has treated or is treating such subject, except (i)\ninformation and clinical records subject to the provisions of section\n23.05 or 33.13 of the mental hygiene law, (ii) personal notes and\nobservations of a health care practitioner, provided that such personal\nnotes and observations are maintained by the practitioner and not\ndisclosed by the practitioner to any other person after January first,\nnineteen hundred eighty-seven, (iii) information maintained by a\npractitioner, concerning or relating to the prior examination or\ntreatment of a subject received from another practitioner, provided\nhowever, that such information may be requested by the subject directly\nfrom such other practitioner in accordance with the provisions of this\nsection, and (iv) data disclosed to a practitioner in confidence by\nother persons on the basis of an express condition that such data would\nnever be disclosed to the subject or other persons, provided that such\ndata has never been disclosed to any other person. If at any time such\npersonal notes and observations or such data is disclosed, it shall be\nconsidered patient information for purposes of this section. For\npurposes of this subdivision, "disclosure to any other person" shall not\ninclude disclosures made to practitioners as part of a consultation or\nreferral during the treatment of the subject, to persons reviewing\ninformation or records in the ordinary course of ensuring that a\nprovider is in compliance with applicable quality of care, licensure or\naccreditation standards, to an employee or official of a federal, state\nor local agency for the sole purpose of conducting an audit in the\ncourse of his or her official duties, to the statewide planning and\nresearch cooperative system, to other persons pursuant to a court order,\nto governmental agencies, insurance companies licensed pursuant to the\ninsurance law and other third parties requiring information necessary\nfor payments to be made to or on behalf of patients, to qualified\nresearchers, to the state board for professional medical conduct when\nsuch board requests such information in the exercise of its statutory\nfunction, to an insurance carrier insuring, or an attorney consulted by,\na health care provider, or to a health maintenance organization\ncertified pursuant to article forty-four of this chapter or licensed\npursuant to the insurance law, or to the committee or a court pursuant\nto the provisions of this section.\n  For purposes of this subdivision treatment of a subject shall not\ninclude diagnostic services, except mammography, performed by a\npractitioner at the request of another health care practitioner\nprovided, however, that such information, and mammograms, may be\nrequested by the subject directly from the practitioner at whose request\nsuch diagnostic services were performed, in accordance with the\nprovisions of this section.\n  (f) "Personal notes and observations" means a practitioner's\nspeculations, impressions (other than tentative or actual diagnosis) and\nreminders, provided such data is maintained by a practitioner.\n  (g) "Qualified person" means any properly identified subject; or a\nguardian appointed under article eighty-one of the mental hygiene law;\nor a parent of an infant; or a guardian of an infant appointed under\narticle seventeen of the surrogate's court procedure act or other\nlegally appointed guardian of an infant who may be entitled to request\naccess to a clinical record under paragraph (c) of subdivision two of\nthis section; or a distributee of any deceased subject for whom no\npersonal representative, as defined in the estates, powers and trusts\nlaw, has been appointed; or an attorney representing a qualified person\nor the subject's estate who holds a power of attorney from the qualified\nperson or the subject's estate explicitly authorizing the holder to\nexecute a written request for patient information under this section. A\nqualified person shall be deemed a "personal representative of the\nindividual" for purposes of the federal health insurance portability and\naccountability act of 1996 and its implementing regulations.\n  (h) "Subject" means an individual concerning whom patient information\nis maintained or possessed by a health care provider.\n  (i) "Treating practitioner" means the health care practitioner who has\nprimary responsibility for the care of the subject within the health\ncare facility or if such practitioner is unavailable, a practitioner\ndesignated by such facility.\n  (j) "Cease to do business in this state" shall mean any case where a\nhealth care provider who has engaged in an on-going practice or business\nwithin this state as a health care provider, ceases to engage in such\nbusiness, provided however, that this term shall not include a health\ncare practitioner whose practice is merged, consolidated, combined, or\nacquired by another health care provider and he or she continues to\nprovide services including medical care, diagnosis or treatment to\npatients as an employee, contractor, or owner of the merged,\nconsolidated, combined, or acquired health care provider.\n  2. Access by qualified persons. (a) Subject to the provisions of\nsubdivision three of this section, upon the written request of any\nsubject, a health care provider shall provide an opportunity, within ten\ndays, for such subject to inspect any patient information concerning or\nrelating to the examination or treatment of such subject in the\npossession of such health care provider.\n  (b) Subject to the provisions of subdivision three of this section,\nupon the written request of the committee for an incompetent appointed\npursuant to article seventy-eight of the mental hygiene law, a health\ncare provider shall provide an opportunity, within ten days, for the\ninspection by such committee of any patient information concerning the\nincompetent subject in the possession of such health care provider.\n  (c) Subject to the provisions of subdivision three of this section and\nexcept as otherwise provided by law, upon the written request of a\nparent or guardian of an infant appointed pursuant to article seventeen\nof the surrogate's court procedure act, or any other legally appointed\nguardian, a health care provider shall provide an opportunity, within\nten days, for such parent or guardian to inspect any patient information\nmaintained or possessed by such provider concerning care and treatment\nof the infant for which the consent of such parent or guardian was\nobtained or where care was provided without consent in an emergency\nwhich was the result of accidental injury or the unexpected onset of\nserious illness; provided, however, that such parent or guardian shall\nnot be entitled to inspect or make copies of any patient information\nconcerning the care and treatment of an infant where the health care\nprovider determines that access to the information requested by such\nparent or guardian would have a detrimental effect on the provider's\nprofessional relationship with the infant, or on the care and treatment\nof the infant, or on the infant's relationship with his or her parents\nor guardian.\n  (d) Subject to the provisions of subdivision three of this section,\nupon the written request of any qualified person, a health care provider\nshall furnish to such person, within a reasonable time, a copy of any\npatient information requested, and original mammograms requested, which\nthe person is authorized to inspect pursuant to this subdivision. A\nqualified person may request a physical copy of any patient information\nrequested pursuant to this section.\n  (e) The provider may impose a reasonable charge for all inspections\nand copies, not exceeding the costs incurred by such provider, provided,\nhowever, that a provider may not impose a charge for copying an original\nmammogram when the original has been furnished to any qualified person\nand provided, further, that any charge for furnishing an original\nmammogram pursuant to this section shall not exceed the documented costs\nassociated therewith. However, the reasonable charge for paper copies\nshall not exceed seventy-five cents per page. A qualified person shall\nnot be denied access to patient information solely because of inability\nto pay. No charge may be imposed under this section for providing,\nreleasing, or delivering patient information or copies of patient\ninformation where requested for the purpose of supporting an\napplication, claim or appeal for any government benefit or program,\nprovided that, where a provider maintains patient information in\nelectronic form, it shall provide the copy in either electronic or paper\nform, as required by the government benefit or program, or at the\npatient's request.\n  (f) A provider may place reasonable limitations on the time, place,\nand frequency of any inspections of patient information.\n  (g) In the event that a practitioner does not have space available to\npermit the inspection of patient information, the practitioner may, in\nthe alternative, furnish a qualified person a copy of such information\nwithin ten days.\n  (h) A provider may request the opportunity to review the patient\ninformation with the qualified person requesting such information, but\nsuch review shall not be a prerequisite for furnishing the information.\n  (i) A provider may make available for inspection either the original\nor a copy of patient information.\n  3. Limitations on access. (a) Upon receipt of a written request by a\nqualified person to inspect or copy patient information, a practitioner\nmay review the information requested. Unless the practitioner determines\npursuant to paragraph (d) of this subdivision that (i) the requested\nreview of the information can reasonably be expected to cause\nsubstantial and identifiable harm to the subject or others which would\noutweigh the qualified person's right to access to the information, or\n(ii) the material requested is personal notes and observations, or the\ninformation requested would have a detrimental effect as defined in\nsubdivision two of this section, review of such patient information\nshall be permitted or copies provided.\n  (b) Upon receipt of a written request by a qualified person to inspect\npatient information maintained by a facility, the facility shall inform\nthe treating practitioner of the request. The treating practitioner may\nreview the information requested. Unless the treating practitioner\ndetermines, pursuant to paragraph (d) of this subdivision that the\nrequested review of the information can reasonably be expected to cause\nsubstantial and identifiable harm to the subject or others which would\noutweigh the qualified person's right of access to the information or\nwould have a detrimental effect as defined in subdivision two of this\nsection, review of such patient information shall be permitted or copies\nprovided.\n  (c) A subject over the age of twelve years may be notified of any\nrequest by a qualified person to review his/her patient information,\nand, if the subject objects to disclosure, the provider may deny the\nrequest. In the case of a facility, the treating practitioner shall be\nconsulted.\n  (d) The provider may deny access to all or a part of the information\nand may grant access to a prepared summary of the information if, after\nconsideration of all the attendant facts and circumstances, the provider\ndetermines that (i) the request to review all or a part of the patient\ninformation can reasonably be expected to cause substantial and\nidentifiable harm to the subject or others which would outweigh the\nqualified person's right of access to the information, or would have a\ndetrimental effect as defined in subdivision two of this section, or\n(ii) the material requested is personal notes and observations. In\nconducting such review, the provider may consider, among other things,\nthe following factors: (i) the need for, and the fact of, continuing\ncare and treatment; (ii) the extent to which the knowledge of the\ninformation may be harmful to the health or safety of the subject or\nothers; (iii) the extent to which the information contains sensitive\nmaterial disclosed in confidence to the practitioner or treating\npractitioner by family members, friends and other persons; (iv) the\nextent to which the information contains sensitive materials disclosed\nto the practitioner or the treating practitioner by the subject which\nwould be injurious to the subject's relationships with other persons,\nexcept when the subject is requesting information concerning himself or\nherself; and (v) in the case of a minor making a request for access\npursuant to subdivision two of this section, the age of the subject.\n  (e) In the event of a denial of access, the qualified person shall be\ninformed by the provider of such denial, and whether the denial is based\non the reasonable expectation that release of the information can\nreasonably be expected to cause substantial and identifiable harm to the\nsubject or others which outweighs the qualified person's right of access\nto the information or on the reasonable expectation that release of the\ninformation would have a detrimental effect as defined in subdivision\ntwo of this section, or on the basis that the materials sought to be\nreviewed constitute personal notes and observations, and of the\nqualified person's right to obtain, without cost, a review of the denial\nby the appropriate medical record access review committee. If the\nqualified person requests such review, the provider shall, within ten\ndays of receipt of such request, transmit the information including\npersonal notes and observations as defined herein, to the chairman of\nthe appropriate committee with a statement setting forth the specific\nreasons for which access was denied. After an in camera review of the\nmaterials provided and after providing all parties a reasonable\nopportunity to be heard, the committee shall promptly make a written\ndetermination whether the requested review of the information can\nreasonably be expected to cause substantial and identifiable harm to the\nsubject or others which outweighs the qualified person's right of access\nto the information pursuant to paragraph (d) of this subdivision or\nwhether the requested review would have a detrimental effect as defined\nin subdivision two of this section, or whether all or part of the\nmaterials sought to be reviewed constitute personal notes and\nobservations, and shall accordingly determine whether access to all or\npart of such materials shall be granted. In the event that the committee\ndetermines that the request for access shall be granted in whole or in\npart, the committee shall notify all parties and the provider shall\ngrant access pursuant to such determination.\n  (f) In the event that access is denied in whole or in part because the\nrequested review of information can reasonably be expected to cause\nsubstantial and identifiable harm to the subject or others which would\noutweigh the qualified person's right of access to the information, or\nwould have a detrimental effect as defined in subdivision two of this\nsection, the committee shall notify the qualified person of his or her\nright to seek judicial review of the provider's determination pursuant\nto this section: provided however, that a determination by the committee\nas to whether materials sought to be reviewed constitute personal notes\nand observations shall not be the subject of judicial review. Within\nthirty days of receiving notification of such decision, the qualified\nperson may commence, upon notice, a special proceeding in supreme court\nfor a judgment requiring the provider to make available the information\nfor inspection or copying. The court upon such application and after an\nin camera review of the materials provided including the determination\nand record of the committee, and after providing all parties an\nopportunity to be heard, shall determine whether there exists a\nreasonable basis for the denial of access. The relief available pursuant\nto this section shall be limited to a judgement requiring the provider\nto make available to the qualified person the requested information for\ninspection or copying.\n  (g) Where the written request for patient information under this\nsection is signed by a distributee of a deceased subject for whom a\npersonal representative has not been appointed, or from the holder of a\npower of attorney from such a distributee, a copy of a certified copy of\nthe certificate of death of the subject shall be attached to the written\nrequest.\n  (h) Where the written request for patient information under this\nsection is signed by the holder of a power of attorney, a copy of the\npower of attorney shall be attached to the written request. A written\nrequest under this subdivision shall be subject to the duration and\nterms of the power of attorney.\n  (i) The release of patient information shall be subject to: (i)\narticle twenty-seven-F of this chapter in the case of confidential\nHIV-related information; (ii) section seventeen of this article and\nsections twenty-three hundred one, twenty-three hundred six and\ntwenty-three hundred eight of this chapter in the case of termination of\na pregnancy and treatment for a sexually transmitted disease; (iii)\narticle thirty-three of the mental hygiene law; and (iv) any other\nprovisions of law creating special requirements relating to the release\nof patient information, including the federal health insurance\nportability and accountability act of 1996 and its implementing\nregulations.\n  4. Medical record access review committees. The commissioner shall\ndesignate medical record access review committees to hear appeals of the\ndenial of access to patient information as provided in paragraph (e) of\nsubdivision three of this section. The commissioner shall promulgate\nrules and regulations necessary to effectuate the provisions of this\nsubdivision.\n  5. Annual report. The commissioner shall submit an annual report on or\nbefore December thirty-first to the governor and the legislature. Such\nreport shall include, but not be limited to, the number of requests for\ncommittee review of providers' denial of access and the committees'\ndeterminations thereon.\n  6. Disclosure to third persons. Whenever a health care provider, as\notherwise authorized by law, discloses patient information to a person\nor entity other than the subject of such information or to other\nqualified persons, either a copy of the subject's written authorization\nshall be added to the patient information or the name and address of\nsuch third party and a notation of the purpose for the disclosure shall\nbe indicated in the file or record of such subject's patient information\nmaintained by the provider provided, however, that for disclosures made\nto government agencies making payments on behalf of patients or to\ninsurance companies licensed pursuant to the insurance law such a\nnotation shall only be entered at the time the disclosure is first made.\nThis subdivision shall not apply to disclosure to practitioners or other\npersonnel employed by or under contract with the facility, or to\ngovernment agencies for purposes of facility inspections or professional\nconduct investigations. Any disclosure made pursuant to this section\nshall be limited to that information necessary in light of the reason\nfor disclosure. Information so disclosed should be kept confidential by\nthe party receiving such information and the limitations on such\ndisclosure in this section shall apply to such party.\n  7. Applicability of federal law. Whenever federal law or applicable\nfederal regulations affecting the release of patient information are a\ncondition for the receipt of federal aid, and are inconsistent with the\nprovisions of this section, the provisions of federal law or federal\nregulations shall be controlling.\n  8. Challenges to accuracy. A qualified person may challenge the\naccuracy of information maintained in the patient information and may\nrequire that a brief written statement prepared by him or her concerning\nthe challenged information be inserted into the patient information.\nThis statement shall become a permanent part of the patient information\nand shall be released whenever the information at issue is released.\nThis subdivision shall apply only to factual statements and shall not\ninclude a provider's observations, inferences or conclusions.\n  A facility may place reasonable restrictions on the time and frequency\nof any challenges to accuracy.\n  9. Waivers void. Any agreement by an individual to waive any right to\ninspect, copy or seek correction of patient information as provided for\nin this section shall be deemed to be void as against public policy and\nwholly unenforceable.\n  10. Nothing contained in this section shall restrict, expand or in any\nway limit the disclosure of any information pursuant to articles\ntwenty-three, thirty-one and forty-five of the civil practice law and\nrules or section six hundred seventy-seven of the county law.\n  11. No proceeding shall be brought or penalty assessed, except as\nprovided for in this section, against a health care provider, who in\ngood faith, denies access to patient information.\n  12. Immunity from liability. No health care provider shall be\nsubjected to civil liability arising solely from granting or providing\naccess to any patient information in accordance with this section.\n  13. (a) A health care provider which has in its possession patient\ninformation and/or patient medical records and which has determined to\npermanently cease to do business or practice in this state shall, at\nleast thirty days prior to such action, make a good faith effort to\nnotify each of the health care provider's current patients that the\noffice will be closing and to inform each such patient of his or her\nright to request that his or her patient information and/or patient\nmedical records be sent to a health care provider, health care facility\nor health care practitioner of the patient's choosing or, alternatively,\nthat such information and records be returned to the patient.\n  (b) The provisions of this subdivision shall not affect any rights\nafforded pursuant to section seventeen of this title.\n  (c) Nothing in this subdivision shall affect the period of time that a\nhealth care provider is lawfully required to retain a patient's medical\ninformation and medical records.\n  (d) The provisions of this subdivision shall only apply with respect\nto a patient whose chart includes written permission to receive the\nnotification described in paragraph (a) of this subdivision.\n  * NB There are 2 § 18's\n
N.Y. RPT Law § 467-K — New York Code / Act RPT / Article 4 / Title 2 / Section 467-K
Senior citizen longtime resident exemption
Status: in_force

* § 467-k. Senior citizen longtime resident exemption. 1.\nEstablishment.  Any city with a population greater than two hundred\nfifty thousand and less than three hundred thousand, as determined by\nthe latest decennial federal census, after conducting a public hearing,\nmay adopt a local law to grant a senior citizen longtime resident\nexemption pursuant to this section. Once a city has enacted a local law\nadopting the provisions of this section, the county government in which\nsuch city is located may also enact a local law to provide an exemption\nin the same manner as such city.\n  2. Eligibility. a. No exemption shall be granted pursuant to this\nsection unless:\n  (1) the property is a one-, two- or three-family residential property\nlocated within a United States census tract that has a median income not\nexceeding sixteen thousand fifty-six dollars according to the two\nthousand ten decennial census. A city adopting the provisions of this\nsection may by local law further limit the exemption to specific areas\nwithin such city experiencing an increase in property values due to new\ndevelopment occurring therein, which put senior citizen longtime\nresidents at risk of displacement;\n  (2) the property serves as the primary residence of one or more of the\nowners;\n  (3) all of the owners are at least sixty-five years of age or older,\nor in the case of property owned by husband and wife or by siblings, one\nof the owners is at least sixty-five years of age, as of the taxable\nstatus date. At the option of the city, which shall be specified in the\nlocal law adopting the provisions of this section, any person otherwise\nqualifying under this section shall not be denied the exemption under\nthis section if he or she becomes sixty-five years of age after the\nappropriate taxable status date and on or before December thirty-first\nof the same year;\n  (4) one or more of the owners has owned and resided in the property\nfor no fewer than twenty-five consecutive years; and\n  (5) the total household income does not exceed thirty thousand dollars\nfor the latest preceding income tax year prior to the date of\napplication for such exemption. The term "income" as used in this\nsection shall mean the "adjusted gross income" for federal income tax\npurposes as reported on the applicant's federal or state income tax\nreturn for the applicable income tax year, subject to any subsequent\namendments or revisions, reduced by distributions, to the extent\nincluded in federal adjusted gross income, received from an individual\nretirement account and an individual retirement annuity; provided that\nif no such return was filed for the applicable income tax year, "income"\nshall mean the adjusted gross income that would have been so reported if\nsuch a return had been filed.\n  3. Calculation of exemption. a. Except as provided in paragraph b of\nthis subdivision, a senior citizen longtime resident shall be exempt\nfrom taxation and special ad valorem levies for every year in which the\nproperty's current assessment exceeds the "base assessment." For the\npurposes of this section the "base assessment" shall be the assessment\nthat appeared on the assessment roll immediately preceding the first\nyear in which an exemption was granted pursuant to this section. The\nassessor shall annually calculate the exemption by subtracting the "base\nassessment" from the current year's assessment.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\nno exemption shall be allowed to the extent that the assessment\nincreased due to one or more of the following events:\n  (1) a physical improvement made to the property;\n  (2) a removal or reduction of an exemption on the eligible taxpayer's\nprimary residence, including a reduction of the STAR exempt amount\ncalculated pursuant to subdivision two of section four hundred\ntwenty-five of this title; or\n  (3) a revaluation that caused the assessment of the eligible\ntaxpayer's primary residence to increase by a percentage that is less\nthan or equal to the applicable change in level of assessment. As used\nin this section, the terms "revaluation" and "change in level of\nassessment" shall have the same meanings as set forth in sections one\nhundred two and twelve hundred twenty of this chapter, respectively.\n  4. Application for such exemption shall be made annually on a form\nprescribed by the commissioner. Such application shall be made to the\ncity assessor on or before the taxable status date. No application for\nsuch exemption shall be granted unless the eligibility criteria of\nsubdivision two of this section are met.\n  5. In the event that a property granted an exemption pursuant to this\nsection transfers ownership or otherwise ceases to meet the eligibility\nrequirements of the exemption in subdivision two of this section, the\nexemption granted pursuant to this section shall be discontinued. Upon\ndetermining that an exemption granted pursuant to this section should be\ndiscontinued, the assessor shall mail a notice so stating to the owner\nor owners thereof at the time and in the manner provided by section five\nhundred ten of this chapter.\n  6. The city assessor shall, on or before December first, mail to each\nperson who was granted an exemption pursuant to this section for the\ncurrent city fiscal year, an application form for an exemption and a\nnotice that such application must be filed no later than the taxable\nstatus date in order for the exemption to be granted or continued.\nFailure to mail any such application form or notice or the failure of\nsuch person or persons to receive the same shall not prevent the levy,\ncollection and enforcement of the payment of the taxes on property owned\nby such person or persons.\n  * NB There are 2 § 467-k's\n
N.Y. RPT Law § 488-A — New York Code / Act RPT / Article 4 / Title 2 / Section 488-A
Rehabilitation of certain class B multiple dwellings and class A multiple dwellings used for single room occupancy
Status: in_force

§ 488-a. Rehabilitation of certain class B multiple dwellings and\nclass A multiple dwellings used for single room occupancy. 1.\nDefinitions. For the purposes of this section the following terms shall\nhave the meaning specified in this subdivision:\n  a. "Eligible real property" shall mean:\n  (i) any class B multiple dwelling;\n  (ii) any class A multiple dwelling used for single room occupancy\npursuant to section two hundred forty-eight of the multiple dwelling law\nwhich contains no more than twenty-five percent class A dwelling units\nwhich contain lawful sanitary and kitchen facilities within the dwelling\nunit, provided that in the case of a multiple dwelling containing ten\ndwelling units or less, up to forty percent of the dwelling units may be\nclass A units.\n  Notwithstanding the foregoing, eligible real property shall not\ninclude college and school dormitories, club houses, or residences whose\noccupancy is restricted to an institutional use such as housing intended\nfor use primarily or exclusively by the employees of a single company or\ninstitution. A building is an eligible real property only if it\nqualifies as such after completion of the eligible improvements, but\nneed not have been an eligible real property prior to the eligible\nimprovements.\n  (iii) not-for-profit institutions with sleeping accommodations.\n  b. "Eligible improvements" shall be limited to the following\ncatogories of work, provided further that such work shall be in\nconformity with all applicable laws:\n  (i) replacement of a boiler or burner or installation of an entire new\nheating system;\n  (ii) replacement or upgrading of electrical system;\n  (iii) replacement or upgrading of elevators;\n  (iv) installation or replacement or upgrading of the plumbing system,\nincluding water main and risers;\n  (v) replacement or installation of walls, ceilings, floors or trim\nwhere necessary;\n  (vi) replacement or upgrading of doors, installation of security\ndevices and systems;\n  (vii) installation, replacement or upgrading of smoke detectors, fire\nalarms, fire escapes, or sprinkler systems;\n  (viii) replacement or repair of roof, leaders and gutters;\n  (ix) replacement or installation of bathroom facilities;\n  (x) installation of wall and pipe insulation;\n  (xi) replacement or upgrading of street connections for water or sewer\nservices;\n  (xii) replacement or installation of windows, or installation of\nwindow gates or guards;\n  (xiii) installation or replacement of boiler smoke stack;\n  (xiv) pointing, waterproofing and cleaning of entire building exterior\nsurface;\n  (xv) improvements designed to conserve the use of fuel, electricity or\nother energy sources;\n  (xvi) improvements unique to congregate living facilities, as defined\nby rules and regulations promulgated by the local housing agency,\npursuant to subdivision seven of this section; and\n  (xvii) work necessary to effect compliance with all applicable laws\nincluding but not limited to the multiple dwelling law, the New York\ncity housing maintenance code and the New York city building code.\n  c. "Local housing agency". Local housing agency shall have the same\nmeaning as the term "agency" under section five hundred two of the\ngeneral municipal law, except that in cities of over one million in\npopulation the term shall mean the department of housing preservation\nand development.\n  d. "Permanent resident". Permanent resident shall mean a person who\nhas resided in eligible real property for six months or more, has a\nlease with a term of six or more months, or has requested a lease\npursuant to the provisions of the rent stabilization code for housing\naccommodations located in hotels.\n  2. Local legislative action. Any city to which the multiple dwelling\nlaw is applicable, acting through its local legislative body or other\ngoverning agency, is hereby authorized and empowered to adopt and amend\nlocal laws or ordinances up to and including December thirty-first, two\nthousand nineteen, to provide that any increase in assessed valuation of\neligible real property shall be exempt from taxation for local purposes\nand to provide for the abatement of taxes on eligible real property,\nincluding the land, in accordance with this section.\n  3. Tax exemption. Any increase in assessed valuation of eligible real\nproperty resulting from eligible improvements shall be exempt from\ntaxation for local purposes for a period of thirty-two years, provided\nthat:\n  (i) the eligible improvements are commenced after July first, nineteen\nhundred eighty, but prior to December thirty-first, two thousand\nnineteen, and are completed within thirty-six months of commencement;\n  (ii) the eligible improvements are approved by the local housing\nagency with respect to their cost and their qualifications for the\nbenefits of this section;\n  (iii) the exemption may commence no sooner than the July first\nfollowing the filing with the local agency responsible for real property\ntax assessment of a certification of eligibility issued by the local\nhousing agency for such exemption; provided, however, that if the\nrehabilitation is carried out with substantial government assistance as\npart of a program for affordable housing, the exemption may commence no\nsooner than the July first following the commencement of construction of\neligible improvements;\n  (iv) immediately prior to, and during, the construction of the\neligible improvements, fifty or more percent of the dwelling units in\nsuch eligible real property are occupied by permanent residents;\nprovided that such occupancy requirement shall not apply to a vacant,\ngovernmentally owned, multiple dwelling, nor to a privately owned\nmultiple dwelling which had been vacant for not less than two years\nprior to the commencement of construction of eligible improvements, nor\nto a vacant multiple dwelling where the eligible improvements are\ncarried out with the substantial assistance of grants, loans or\nsubsidies from any federal, state or local agency or instrumentality or\nany not-for-profit philantropic organization one of whose primary\npurposes is providing low or moderate income housing;\n  (v) there shall be no outstanding real estate taxes, water and sewer\ncharges, payments in lieu of taxes or other municipal charges due and\nowing as of the tax quarter prior to commencement of tax exemption to\nthis section;\n  (vi) except in the case of eligible real property which is receiving\nor has received assistance pursuant to a governmental rent subsidy\nprogram, or which is owned by a not-for-profit corporation or by a\nwholly owned subsidiary of a not-for-profit corporation and which is\nreceiving or has received assistance pursuant to a governmental loan\nsubsidy program, as defined by the rules and regulations promulgated by\nthe local housing agency, pursuant to subdivision seven of this section,\nfor the construction of eligible improvements, the initial rent, after\ncompletion of eligible improvements, for ninety percent of the total\nnumber of dwelling units occupied by permanent residents in a class A or\nclass B multiple dwelling other than apartments shall not exceed the\ngreater of either the amount of any governmental rental assistance\nreceived by an occupant or seventy-five percent of the rent which is\npermitted to be charged for zero-bedroom units on the moderate\nrehabilitation fair market rent schedule as determined by the United\nStates department of housing and urban development for the housing\nassistance payments program under section eight of the national housing\nact;\n  (vii) no person who lives in the eligible real property shall be\nrequired by the owner to vacate the eligible real property in order to\nperform the eligible improvements or any related work.\n  4. Tax abatement. Eligible real property which qualifies for exemption\nfrom taxation for local purposes for eligible improvements shall also be\neligible for an abatement of real property taxes in an amount no greater\nthan twelve and one-half percent of the reasonable cost of eligible\nimprovements certified by the local housing agency, which abatement may\ncommence on the first day of the first tax quarter following the filing\nwith the local agency responsible for real property tax assessment of a\ncertification of eligibility issued by the local housing agency for such\nabatement; provided, however that if the rehabilitation is carried out\nwith substantial government assistance as part of a program for\naffordable housing the abatement may commence no sooner than the first\nday of the first tax quarter following the commencement of construction\nof eligible improvements, provided that:\n  (i) the annual abatement shall not exceed the amount of taxes\notherwise payable in the corresponding tax year;\n  (ii) the period during which such abatement is effective shall not\nexceed twenty consecutive years from the date such abatement first\nbecomes effective; and\n  (iii) the total abatement shall not exceed the lesser of one hundred\nfifty percent of the certified reasonable costs of eligible improvements\nor the actual costs as determined by the local housing agency pursuant\nto its rules and regulations.\n  5. Continuing requirements. During the period of tax exemption or\nabatement pursuant to this section, exemption and abatement shall be\nconditional upon continuing compliance with the following requirements:\n  (i) compliance with all applicable provisions of law, including but\nnot limited to the multiple dwelling law, the local building code and\nthe local housing maintenance code;\n  (ii) all dwelling units, except owner occupied units, shall be subject\nto the emergency housing rent control law or the local emergency housing\nrent control act, or the emergency tenant protection act of nineteen\nseventy-four, or any local laws enacted pursuant thereto, or the rent\nstabilization law of nineteen hundred sixty-nine; provided, however that\nthe department of housing preservation and development may exempt from\nthis requirement dwelling units that are not occupied by permanent\nresidents in those buildings owned by a not-for-profit corporation or by\na wholly owned subsidiary of a not-for-profit corporation and which are\nimproved with the aid of a rehabilitation loan from any governmental\nagency or instrumentality or operated pursuant to a contract with a\ngovernmental entity;\n  (iii) it shall not receive tax exemption or tax abatement for\nrehabilitation or new construction under any other provision of law; and\n  (iv) the eligible improvements shall not be used as the basis for any\napplication for rent increases and the owner shall file a statement to\nsuch effect with the local housing agency and with any applicable rent\nagency, provided, however, that rents of units improved with the aid of\na rehabilitation loan from any governmental agency or instrumentality\nmay within the limitations established by this section be increased\npursuant to the rules and regulations of the local housing agency; and\n  (v) a minimum of seventy-five percent of the dwelling units shall be\nrental units occupied by permanent residents, provided, however, that\nthe local housing agency may exempt from this requirement those\nbuildings improved with the aid of a rehabilitation loan from any\ngovernment agency or instrumentality or operated pursuant to a contract\nwith a governmental entity.\n  6. Revocation. The benefits of this section may be revoked or reduced\nupon a finding by the local housing agency or local finance agency that:\n  (i) the application for benefits hereunder or the annual certification\nrequired hereunder contains a false statement or false information as to\na material matter or omits a material matter;\n  (ii) real estate taxes, water and sewer charges, payments in lieu of\ntaxes or other municipal charges are due and owing for more than one\nyear; or\n  (iii) the eligible real property fails to comply with one or more of\nthe provisions or requirements of this section.\n  7. Rules and regulations. The local agencies of government charged\nwith the administration of this section may promulgate rules and\nregulations to carry out the provisions of this section.\n  8. Annual certification. During the period of tax exemption or\nabatement pursuant to this section, the owner shall submit an annual\ncertification to the local housing agency in a form to be prescribed by\nsuch agency.  Failure to submit such certification may result in\nrevocation of benefits. Such certification shall include the following:\n  (i) the total number of dwelling units within the eligible real\nproperty and the number of dwelling units occupied by permanent\nresidents;\n  (ii) the number of dwelling units subject to the provisions of the\nemergency housing rent control act, the emergency tenant protection act\nof nineteen seventy-four or any local laws enacted pursuant thereto, the\nemergency housing rent control law or the rent stabilization law of\nnineteen hundred sixty-nine; and\n  (iii) all such other information required by the local housing agency.\n
N.Y. PBH Law § 19 — New York Code / Act PBH / Article 1 / Title 2 / Section 19
Reasonable charges for medicare beneficiaries
Status: in_force

§ 19. Reasonable charges for medicare beneficiaries.  1. No physician\nlicensed under article one hundred thirty-one of the education law shall\ncharge from a beneficiary of health insurance under title XVIII of the\nfederal social security act (medicare) any amount in excess of the\nfollowing limitations:\n  (a) Effective January first, nineteen hundred ninety-one, a\nphysician's charge shall not exceed one hundred fifteen percent of the\nreasonable charge for that service as determined by the United States\nsecretary for health and human services.\n  (b) Beginning January first, nineteen hundred ninety-three, a\nphysician's charge shall not exceed one hundred ten percent of the\nreasonable charge for that service as determined by the United States\nsecretary for health and human services, provided however, that if the\nstatewide percentage of medicare part B claims billed at or below the\nreasonable charge as determined by the United States secretary for\nhealth and human services for federal fiscal year nineteen hundred\neighty-nine fails to increase by five percentage points for federal\nfiscal year nineteen hundred ninety-two, such physician's charge shall,\nthereafter, not exceed one hundred five percent of the reasonable charge\nas determined by the United States secretary for health and human\nservices. If, in any subsequent federal fiscal year, such statewide\npercentage of medicare part B claims billed at or below such reasonable\ncharge fails to maintain such five percentage point increase,\nphysician's charge shall thereafter not exceed one hundred five percent\nof the reasonable charge as determined by the United States secretary\nfor health and human services.\n  2. The charge limitation set forth in subdivision one of this section\nshall not apply if the service which such beneficiary is to be billed is\neither an office or home visit as set forth in procedure codes 90000\nthrough 90170 in the Physician Current Procedural Terminology 4th\nEdition 1989.\n  3. The state office for the aging shall, through agreement with\ncarriers and/or intermediaries contracted with by the federal government\nin this state pursuant to title XVIII of the federal social security act\n(medicare), obtain the percentages of physician's bills submitted at or\nbelow the reasonable charge as established by the United States\nsecretary for health and human services, and shall issue a report by\nDecember first, nineteen hundred ninety-two and every December first,\nthereafter, stating whether the percentage of bills submitted at or\nbelow such reasonable charge for federal fiscal year nineteen hundred\nninety-two increased by five percentage points over the statewide\npercentage of bills submitted at or below such reasonable charge for\nfederal fiscal year nineteen hundred eighty-nine and whether such\npercentage has been maintained for each successive federal fiscal year\nafter nineteen hundred ninety-two.\n  4. Notwithstanding any inconsistent provision of this chapter, a\nphysician who is determined, after opportunity for a hearing, to have\nviolated the provisions of this section shall be subject for the first\nviolation to a fine of not more than one thousand dollars nor less than\nthe greater of three times the amount collected, or, if not collected,\nthree times the amount charged, in excess of the limitations set forth\nin subdivision one of this section, and, for each additional violation\ncommitted within five years of the date of an immediately preceding\nviolation of this section, to a fine of not more than five thousand\ndollars nor less than the greater of one thousand dollars or three times\nthe amount collected, or, if not collected, three times the amount\ncharged, in excess of the limitations set forth in subdivision one of\nthis section; provided, however, that in no event shall the fine for an\nindividual violation of this section be greater than five thousand\ndollars. In addition, where the provisions of this section have been\nviolated, the physician shall refund to the beneficiary the amount\ncollected in excess of the limitations set forth in subdivision one of\nthis section.\n
N.Y. PBA Law § 3857-A — New York Code / Act PBA / Article 10-D / Title 2 / Section 3857-A
Efficiency incentive grants
Status: in_force

§ 3857-a. Efficiency incentive grants. By November tenth, two thousand\nfive, the city shall develop and submit to the authority a plan for\nachieving recurring savings through innovations and reengineering.\nSubject to appropriations therefor in the state fiscal years two\nthousand six--two thousand seven through two thousand ten--two thousand\neleven, the authority shall provide grants to support such city cost\nsaving activities. State funding during such five year period shall not\nexceed fifty million dollars, or ten million dollars annually, for\ngrants provided pursuant to this section and section thirty-nine hundred\nfifty-seven-a of this article. Provided further, copies of such city\nplan shall be submitted to the director of the budget, the chair of the\nstate senate finance committee and the chair of the state assembly ways\nand means committee.\n
N.Y. EDN Law § 2590-P — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-P
Educational facilities capital plan
Status: in_force

§ 2590-p. Educational facilities capital plan.  1. In accordance with\nsubdivision three of this section, the chancellor shall prepare proposed\nfive-year educational facilities capital plans.  Each such plan shall\ndescribe each program element proposed in the plan, and shall set forth\nan estimate of the cost of each program element, an estimate of the\ncapital funding required each year and the expected sources of such\nfunding. The plan shall also set forth an estimate of the cost of each\nproject identified in the plan, shall assign priorities to the projects\nincluded therein and shall state the year in which each such project's\ndesign and construction is proposed to be initiated and estimated to be\ncompleted. In preparing the plan and each project contained therein, the\nchancellor shall factor and account for the effect of data provided by\nthe office of city planning, the department of buildings, the department\nof housing preservation and development and the department of health and\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\nthe public authorities law.\n  2. Program elements shall mean the following categories of work and,\nwith respect to each such category, the plan shall include the following\ninformation:\n  a. New construction: The plan shall identify the type, approximate\nsize in terms of gross square footage and student capacity and\napproximate location of each proposed new educational facility, and if\nthe construction of such new facility is to result in the closing or\nreplacement of an existing educational facility or facilities, the plan\nshall identify each such facility to be closed or replaced.\n  b. Building additions: The plan shall identify each educational\nfacility for which a building addition is proposed and describe the\nnature, purpose and approximate size of such addition.\n  c. Major modernization and rehabilitation: The plan shall identify\neach educational facility at which a rehabilitation or major\nmodernization is to be performed, describe the general scope of such\nwork at each such facility and describe the nature and estimated cost of\nthe arrangements proposed in order to accommodate any students who will\nbe temporarily displaced as a result of the work.\n  d. Athletic fields, playgrounds and pools: The plan shall identify\neach educational facility at which an athletic field, playground or pool\nis to be constructed or at which an existing athletic field, playground\nor pool is to be the subject of a major repair or rehabilitation.\n  e. System replacements: The plan shall identify (i) each particular\nsystem to be replaced, in part or in its entirety, including electrical,\nplumbing, boilers, elevators, heating, ventilation and air conditioning,\nroof replacement, window replacement, kitchens and warming pantries,\nlighting, exterior masonry and painting and plaster, (ii) the general\nstandards to be adopted for such replacement systems and (iii) the\nnumber, and to the extent ascertainable, the identity of educational\nfacilities in each borough at which each such system replacement is to\nbe performed.\n  f. Security: The plan shall describe the nature of security devices\nand systems proposed to be installed at educational facilities and the\nnumber, and to the extent ascertainable, the identity of facilities in\neach borough at which such a security system is to be installed.\n  g. Educational enhancements: The plan shall describe programs for the\nredesign and reconfiguration of space within educational facilities in\norder to enhance educational activities therein, including the\ninstallation of wiring or other facilities to permit or facilitate the\nuse of computers or other educational devices and equipment and shall\nidentify the number, and to the extent ascertainable, the identity of\neducational facilities in each borough at which such educational\nenhancement programs shall be undertaken.\n  h. Emergency, unspecified and miscellaneous: The plan shall include an\nestimate of the funding requirements to perform emergency projects,\nunspecified projects and miscellaneous capital activities; provided,\nhowever, that the cost of such program element shall not exceed five\npercent of the total estimated cost of the five-year capital plan.\n  * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\nchancellor shall, in conjunction with the submission of the educational\nfacilities master plan required by section twenty-five hundred ninety-o\nof this chapter, submit the initial proposed five-year educational\nfacilities capital plan to each community district education council,\nwhich shall conduct a public hearing on both the educational facilities\nmaster plan and the five-year educational facilities capital plan and\nshall prepare and submit recommendations to the chancellor on or before\nFebruary twentieth, nineteen hundred eighty-nine with respect to matters\nin the plans that involve that school district. The chancellor shall\nconsider the recommendations received from the community district\neducation councils on both the proposed educational facilities master\nplan and the proposed five-year educational facilities capital plan,\nand, on or before March eighth, nineteen hundred eighty-nine, shall\nsubmit a final proposed five-year educational facilities capital plan to\nthe city board for its approval. On or before March twenty-second,\nnineteen hundred eighty-nine, the city board shall approve the five-year\neducational facilities capital plan submitted by the chancellor or such\nplan as is determined by the city board, which shall take effect on July\nfirst, nineteen hundred eighty-nine.\n  b. Commencing on November first, nineteen hundred ninety-three, and\nevery five years thereafter, the chancellor shall submit a proposed\nfive-year educational facilities capital plan to take effect on the\nsucceeding July first to each community school district education\ncouncil, which shall conduct a public hearing and shall prepare and\nsubmit recommendations to the chancellor on or before January first of\nthe ensuing year with respect to matters in the plan that involve that\nschool district. Upon submission of such recommendations to the\nchancellor, the board shall make public, pursuant to this paragraph:\n  (i) a summary of the issues raised at such hearing;\n  (ii) a statement of the reasons why any significant alternative\nrecommendations at such hearing were or were not incorporated into the\nfinal plan; and\n  (iii) a description of any changes made to the proposed plan as a\nresult of the issues raised at such hearing.\n  The chancellor shall consider the recommendations received from the\ncommunity district education councils, and, on or before February first\nof such year, shall submit a final proposed five-year educational\nfacilities capital plan to the city board for its approval pursuant to\nparagraph (d) of subdivision one of section twenty-five hundred ninety-g\nof this article.\n  * NB Effective until June 30, 2028\n  * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\nchancellor shall, in conjunction with the submission of the educational\nfacilities master plan required by section twenty-five hundred ninety-o\nof this chapter, submit the initial proposed five-year educational\nfacilities capital plan to each community school board, which shall\nconduct a public hearing on both the educational facilities master plan\nand the five-year educational facilities capital plan and shall prepare\nand submit recommendations to the chancellor on or before February\ntwentieth, nineteen hundred eighty-nine with respect to matters in the\nplans that involve that school district. The chancellor shall consider\nthe recommendations received from the community school boards on both\nthe proposed educational facilities master plan and the proposed\nfive-year educational facilities capital plan, and, on or before March\neighth, nineteen hundred eighty-nine, shall submit a final proposed\nfive-year educational facilities capital plan to the city board for its\napproval. On or before March twenty-second, nineteen hundred\neighty-nine, the city board shall approve the five-year educational\nfacilities capital plan submitted by the chancellor or such plan as is\ndetermined by the city board, which shall take effect on July first,\nnineteen hundred eighty-nine.\n  b. Commencing on November first, nineteen hundred ninety-three, and\nevery five years thereafter, the chancellor shall submit a proposed\nfive-year educational facilities capital plan to take effect on the\nsucceeding July first to each community school district education\ncouncil, which shall conduct a public hearing and shall prepare and\nsubmit recommendations to the chancellor on or before January first of\nthe ensuing year with respect to matters in the plan that involve that\nschool district. The chancellor shall consider the recommendations\nreceived from the community school district education council, and, on\nor before February first of such year, shall submit a final proposed\nfive-year educational facilities capital plan to the city board for its\napproval. On or before March first of such year, the city board shall\napprove the five-year educational facilities capital plan submitted by\nthe chancellor or such plan as is determined by the city board. Upon\nsubmission of such recommendations to the chancellor, the board shall\nmake public, pursuant to this paragraph:\n  (i) a summary of the issues raised at such hearing;\n  (ii) a statement of the reasons why any significant alternative\nrecommendations at such hearing were or were not incorporated into the\nfinal plan; and\n  (iii) a description of any changes made to the proposed plan as a\nresult of the issues raised at such hearing.\n  * NB Effective June 30, 2028\n  * 4. Following approval by the city board of a five-year educational\nfacilities capital plan, the chancellor shall submit such plan to the\nmayor and the council of the city of New York for their approval. After\nconsultation with the chancellor and the city board, the mayor shall\ninclude in the city's executive capital budget for the fiscal year in\nwhich the five-year plan is to commence an appropriation for educational\nfacilities in an amount he or she recommends as sufficient to provide\nfor the funding of a five-year capital program for the city board and\nshall specify amounts for each fiscal year within such five year period.\nSuch five-year appropriation, which shall specify the annual amounts for\neach fiscal year to be made available, shall be subject to adoption,\nveto, and, except as hereinafter provided, amendment in accordance with\nthe procedures set forth in the charter of the city of New York. Upon\nadoption of a five-year appropriation pursuant to such process, the\ncapital program of the city board shall, if the amount so appropriated\ndiffers from the cost estimated in the plan approved by the city board,\nbe amended to reflect the funding so provided. No reduction shall\nthereafter be made by the city in the amount of such appropriation until\ncompletion of the plan, unless (i) the chancellor with the approval of\nthe city board shall so recommend or (ii) a general, across-the-board\nreduction is made in the city's capital appropriations in order to\naccommodate an unforeseen reduction in the availability of city capital\nfunds. In the event the chancellor with the approval of the city board\nso recommends or such a reduction is made, the appropriation may be\nreduced in accordance with such recommendation or proportionately to the\nreduction in the city's general capital appropriations. In the event the\nchancellor with the approval of the city board requests additional\nappropriations from such city during the five-year period of the then\neffective plan, the chancellor shall specify the needs to be met by such\nadditional appropriations. The city may appropriate an additional amount\nfor the five-year educational facilities capital plan; provided that in\nno event shall such an additional appropriation be conditioned upon a\nreduction or alteration of the five-year plan then in effect. The\nauthority may not spend more in any fiscal year of the capital program\nthan the amount specified in the five-year city appropriation therefor,\nas amended from time to time; provided that any amounts not expended\nduring a fiscal year may be expended in any succeeding fiscal year; and\nprovided further that the mayor may authorize funds to be expended at a\nrate faster than the amounts so specified, within the balance of the\nfive-year appropriation available therefor.\n  * NB Effective until June 30, 2028\n  * 4. Following approval by the city board of a five-year educational\nfacilities capital plan, the chancellor shall transmit such plan to the\nmayor and the council of the city of New York. After consultation with\nthe chancellor and the city board, the mayor shall include in the city's\nexecutive capital budget for the fiscal year in which the five-year plan\nis to commence an appropriation for educational facilities in an amount\nhe recommends as sufficient to provide for the funding of a five-year\ncapital program for the city board and shall specify amounts for each\nfiscal year within such five year period. Such five-year appropriation,\nwhich shall specify the annual amounts for each fiscal year to be made\navailable, shall be subject to adoption, veto and, except as hereinafter\nprovided, amendment in accordance with the procedures set forth in the\ncharter of the city of New York. Upon adoption of a five-year\nappropriation pursuant to such process, the capital program of the city\nboard shall, if the amount so appropriated differs from the cost\nestimated in the plan approved by the city board, be amended to reflect\nthe funding so provided. No reduction shall thereafter be made by the\ncity in the amount of such appropriation until completion of the plan\nunless (i) the city board shall so recommend or (ii) a general,\nacross-the-board reduction is made in the city's capital appropriations\nin order to accommodate an unforeseen reduction in the availability of\ncity capital funds. In the event the city board so recommends or such a\nreduction is made, the appropriation may be reduced in accordance with\nsuch recommendation or proportionately to the reduction in the city's\ngeneral capital appropriations. In the event the city board requests\nadditional appropriations from such city during the five-year period of\nthe then effective plan, the city board shall specify the needs to be\nmet by such additional appropriations. The city may appropriate\nadditional amount for the five-year educational facilities capital plan,\nprovided that in no event shall such an additional appropriation be\nconditioned upon a reduction or alteration of the five-year plan then in\neffect. The authority may not spend more in any fiscal year of the\ncapital program than the amount specified in the five-year city\nappropriation therefor, as amended from time to time; provided that any\namounts not expended during a fiscal year may be expended in any\nsucceeding fiscal year, and provided further that the mayor may\nauthorize funds to be expended at a rate faster than the amounts so\nspecified, within the balance of the five-year appropriation available\ntherefor.\n  * NB Effective June 30, 2028\n  5. * a. The chancellor may in his or her discretion submit amendments\nto an approved five-year educational facilities capital plan to the city\nboard, mayor, and city council for their approval.\n  * NB Effective until June 30, 2028\n  * a. The chancellor may in his discretion submit amendments to an\napproved five-year educational facilities capital plan to the city board\nfor its approval.\n  * NB Effective June 30, 2028\n  b. The chancellor shall submit such amendments in the event (i) the\nestimated cost of any program element shall increase by more than ten\npercent from the estimate contained in the plan, (ii) a project will not\nbe commenced within six months from the date set forth in the plan,\n(iii) a project to be performed at an identified educational facility is\nproposed to be performed at a different educational facility or (iv) a\nproject not identified in the plan, other than projects to be performed\npursuant to paragraph h of subdivision two of this section, is proposed\nto be initiated.\n  c. In the event the city shall appropriate an amount less than the\namount proposed to be funded by the city in the then approved five-year\neducational facilities capital plan, or in the event an appropriation\nshall be reduced below such level as provided in subdivision four of\nthis section, the chancellor shall prepare and submit to the city board\nfor its approval an amendment to such plan to reflect the reduced amount\nof funding from the city.\n  d. If the effect of any plan amendment would require an additional\nappropriation by the city, no such amendment shall be implemented unless\nand until the city shall make such additional appropriation.\n  e. Amendments submitted by the chancellor as described in paragraph c\nand in clauses (iii) and (iv) of paragraph b of this subdivision shall\nalso be submitted to each affected community school board, which may\nconduct a public hearing and prepare and submit recommendations to the\ncity board within forty-five days of such submission.\n  6. a. For each project included in an approved five-year educational\nfacilities capital plan, the chancellor shall develop a detailed scope\nof the project, which shall include the following: (i) the purposes and\npublic to be served, (ii) the programs to be conducted in the facility,\n(iii) the gross amounts of space and bulk for any building or structure,\n(iv) identification of the intent to use architectural, engineering or\nother consultant services and estimated fees for such consultant\nservices, (v) the schedule of design and construction, (vi) the total\nestimated project costs, including costs for site acquisition,\npreparation and tenant relocation, design, construction and equipment,\n(vii) maximum estimated expenditures for the project for each fiscal\nyear until its completion, (viii) costs associated with maintenance and\noperation of the physical plant, (ix) how the data provided by the\noffice of city planning, the department of buildings, the department of\nhousing preservation and development and the department of health and\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\nthe public authorities law is factored and accounted for, and (x) such\nother information as the chancellor shall specify. In the event, a\nproject consists of a program element without identification of the\nparticular education facility at which such project is to be performed,\nthe detailed scope of the project shall specify the nature of the work\nto be performed, applicable price and quality standards, a list of the\nschools eligible for such work, annual performance targets and the total\nestimated costs of such project during each fiscal year until its\ncompletion.\n  b. The chancellor may request the New York city school construction\nauthority, and the authority shall be authorized, to develop preliminary\nplans for each project, to assist the chancellor in the development of\nthe detailed scope of project, to proceed with site acquisition for such\nproject and to assist in responding to emergency projects undertaken\npursuant of paragraph h of subdivision two of this section. The\nauthority may expend moneys for such purposes for projects to be funded\npursuant to subdivision four of this section in such amounts as are\nconsistent with the city capital budget appropriation therefor.\n  * c. The chancellor shall prepare preliminary scopes (i) for each\nproject contained within the program elements defined in paragraphs a\nand b of subdivision two of this section and, where appropriate,\nparagraph g of subdivision two of this section, (ii) for each major\nmodernization project contained in paragraph c of such subdivision two,\nand (iii) for each new construction project contained in paragraph d of\nsuch subdivision two, and shall transmit such preliminary scopes to the\naffected community district education councils. The community district\neducation council may hold hearings on such scope; provided, however,\nthat the community district education council must submit any comments\nto the chancellor no later than thirty days following the date of\nsubmission. The chancellor shall consider the comments in preparing the\nscope that he or she will submit to the director of management and\nbudget of the city pursuant to paragraph d of this subdivision.\n  * NB Effective until June 30, 2028\n  * c. The chancellor shall prepare preliminary scopes (i) for each\nproject contained within the program elements defined in paragraphs a\nand b of subdivision two of this section and, where appropriate,\nparagraph g of subdivision two of this section, (ii) for each major\nmodernization project contained in paragraph c of such subdivision two,\nand (iii) for each new construction project contained in paragraph d of\nsuch subdivision two, and shall transmit such preliminary scopes to the\naffected community school boards. The community school board may hold\nhearings on such scope, provided, however, that the community school\nboard must submit any comments to the chancellor no later than thirty\ndays following the date of submission. The chancellor shall consider the\ncomments in preparing the scope that he will submit to the director of\nmanagement and budget of the city pursuant to paragraph d of this\nsubdivision.\n  * NB Effective June 30, 2028\n  * d. For projects to be funded pursuant to subdivision four of this\nsection, the chancellor shall transmit the detailed scope of each such\nproject to the director of management and budget of the city for\napproval.\n  (i) Except as provided in paragraph b of this subdivision, no expenses\nshall be incurred by the city board or the authority for any such\nproject prior to approval of the detailed scope of any such project.\n  (ii) No detailed scope of project shall be approved unless the total\nestimated costs of such project, together with the aggregate estimated\ncosts of all projects for which a detailed scope has theretofore been\napproved, are within city capital budget appropriations available\ntherefor. A detailed scope of project that is not disapproved by the\ndirector of management and budget within thirty days of its submission\nshall be deemed approved. To the extent the director disapproves all or\npart of a scope, he or she shall set forth in writing the reasons\ntherefor.\n  (iii) Upon approval of the detailed scope of project, the chancellor\nshall refer such project to the New York city school construction\nauthority for implementation in accordance with an agreement between the\nauthority and the city board and shall transmit the approved project\nscope to the comptroller, whereupon the total estimated costs of such\nproject as set forth in such approved project scope shall be available\nfor expenditure.\n  (iv) Approval of the director of management and budget shall be\nrequired for any material change in the approved detailed scope of\nproject or for any increase in the total cost of such project in excess\nof any reserve provided in the approved detailed scope of project. Such\napproval shall be given or deemed given in the manner provided herein.\n  (v) The provisions of this paragraph shall not apply to emergency\nprojects undertaken pursuant to paragraph h of subdivision two of this\nsection, the estimated costs of which, together with the costs of other\nprojects undertaken pursuant to said paragraph h, does not exceed the\namount set forth in the educational facilities capital plan for\nactivities pursuant to paragraph h of subdivision two of this section.\n  * NB Effective until June 30, 2028\n  * d. For projects to be funded pursuant to subdivision four of this\nsection, the chancellor shall transmit the detailed scope of each such\nproject to the director of management and budget of the city for\napproval.\n  (i) Except as provided in paragraph b of this subdivision, no expenses\nshall be incurred by the city board or the authority for any such\nproject prior to approval of the detailed scope of any such project.\n  (ii) No detailed scope of project shall be approved unless the total\nestimated costs of such project, together with the aggregate estimated\ncosts of all projects for which a detailed scope has theretofore been\napproved, are within city capital budget appropriations available\ntherefor. A detailed scope of project that is not disapproved by the\ndirector of management and budget within thirty days of its submission\nshall be deemed approved. To the extent the director disapproves all or\npart of a scope, he shall set forth in writing the reasons therefor.\n  (iii) Upon approval of the detailed scope of project, the chancellor\nshall refer such project to the New York city school construction\nauthority for implementation in accordance with an agreement between the\nauthority and the city board and shall transmit the approved project\nscope to the comptroller whereupon the total estimated costs of such\nproject as set forth in such approved project scope shall be available\nfor expenditure.\n  (iv) Approval of the director of management and budget shall be\nrequired for any material change in the approved detailed scope of\nproject or for any increase in the total cost of such project in excess\nof any reserve provided in the approved detailed scope of project. Such\napproval shall be given or deemed given in the manner provided herein.\n  (v) The provisions of this paragraph shall not apply to emergency\nprojects undertaken pursuant to paragraph h of subdivision two of this\nsection, the estimated costs of which, together with the costs of other\nprojects undertaken pursuant to said paragraph h, does not exceed the\namount set forth in the educational facilities capital plan for\nactivities pursuant to paragraph h of subdivision two of this section.\n  * NB Effective June 30, 2028\n  e. For projects contained within a five-year educational facilities\ncapital plan and not funded in whole or in part by the city, the\nchancellor shall refer such projects to the New York city school\nconstruction authority for implementation in accordance with any\nagreement between the authority and the city board.\n  * f. The chancellor and the president of the New York city school\nconstruction authority, shall notify the mayor of the amount of\nappropriated funds projected to be spent for (i) development of detailed\nscopes, (ii) development of preliminary plans, (iii) site acquisition\nand (iv) emergencies, and the mayor shall thereupon authorize the\nissuance of bonds therefor in accordance with the local finance law and\nshall notify the city comptroller of his or her authorization to expend\nsuch amounts for such purposes. Such notice shall be given or amended at\nleast ten days prior to any expenditure included therein; provided that\nthe chancellor, the president of the authority and the mayor shall\ndevelop procedures to expedite authorization of emergency expenditures.\nNeither the city board nor the authority shall expend funds for such\npurposes in excess of the amounts specified in such notice until the\nchancellor shall have amended such notice to reflect such excess. Upon\napproval of the detailed scope of a project, the mayor shall authorize\nthe issuance of bonds therefor in accordance with the local finance law\nand shall notify the city comptroller of his or her authorization to\nexpend appropriated funds for the entire estimated cost of such project.\n  * NB Effective until June 30, 2028\n  * f. The chancellor and the president of the New York city school\nconstruction authority shall notify the mayor of the amount of\nappropriated funds projected to be spent for (i) development of detailed\nscopes, (ii) development of preliminary plans, (iii) site acquisition\nand (iv) emergencies, and the mayor shall thereupon authorize the\nissuance of bonds therefor in accordance with the local finance law and\nshall notify the city comptroller of his authorization to expend such\namounts for such purposes. Such notice shall be given or amended at\nleast ten days prior to any expenditure included therein; provided that\nthe chancellor, the president of the authority and the mayor shall\ndevelop procedures to expedite authorization of emergency expenditures.\nNeither the city board nor the authority shall expend funds for such\npurposes in excess of the amounts specified in such notice until the\nchancellor shall have amended such notice to reflect such excess. Upon\napproval of the detailed scope of a project, the mayor shall authorize\nthe issuance of bonds therefor in accordance with the local finance law\nand shall notify the city comptroller of his authorization to expend\nappropriated funds for the entire estimated cost of such project.\n  * NB Effective June 30, 2028\n  7. The provisions of subdivision a of section two hundred fourteen of\nthe charter of the city of New York shall not apply to a proposed\nfive-year appropriation made in accordance with subdivision four of this\nsection, and the provisions of subdivision b of section two hundred\nseventeen of such charter shall apply only after the end of the fifth\nyear of a five-year appropriation made pursuant to such subdivision. To\nthe extent any other provision of chapter nine or ten of such charter is\ninconsistent with the provisions of this section, the provisions of this\nsection shall govern.\n
N.Y. EDN Law § 2016 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2016
Review of registration procedure by supreme court or county judge
Status: in_force

§ 2016. Review of registration procedure by supreme court or county\njudge. 1. The supreme court or a justice thereof, or the county judge\nwithin the county in which the school district is wholly or partly\nsituated, in a proceeding instituted by any qualified voter who, at the\nmeeting of the board of registration provided for in section two\nthousand fourteen, made to the board of registration satisfactory proof\nthat he was or would be entitled to vote at the meeting or election for\nwhich the board of registration was at such meeting convened to prepare\na register, and to whom such registration had been refused by such board\nof registration shall, by order, compel the registration of such voter;\nand in a proceeding instituted by any qualified voter shall by order\ndirect to be stricken from the register any names unlawfully thereon,\nand shall order such board of registration, if necessary, to reconvene\nfor such purposes not less than two nor more than four days before the\nday of the meeting or election. Written notice of an application under\nthis section must be given to the board of registration, by service\nthereof on two of the members thereof.\n  2. Such court, justice or judge in a proceeding instituted by any\nqualified voter whose application to vote has been denied by the\ninspectors of election shall compel by order the reception of the vote\nwithin the hours established by law.\n  3. An affidavit by any officer or employee of the board of education\nor any police officer, sheriff or deputy sheriff that he or she visited\nthe premises claimed by the applicant as his or her residence, and that\nhe or she interrogated an incarcerated individual, housedweller, keeper\nor caretaker, owner, proprietor, or landlord thereof or therein, as to\nthe applicant's residence therein or thereat, and that he or she was\ninformed by one or more of such persons, naming them, that they knew the\npersons residing upon such premises and that the applicant did not\nreside upon such premises thirty days before the meeting or election\nshall be presumptive evidence against the right of the voter to register\nfrom such premises.\n
N.Y. RPT Law § 840 — New York Code / Act RPT / Article 8 / Title 2 / Section 840
Application of title
Status: in_force

§ 840. Application of title. 1. Notwithstanding the provisions of\ntitle one of this article or the inconsistent provisions of any general,\nspecial, local or other law, a county legislative body may adopt the\nprovisions of this title by a resolution providing for the determination\nby the commissioner of county equalization rates for each city and town\nfor the purpose of apportioning the next ensuing county tax levy;\nprovided, however, that this title shall not apply if one or more of the\ncities or towns in the county fails to file an assessor's annual report\npursuant to section five hundred seventy-five of this chapter which\ncomplies with the rules of the commissioner prior to the last date for\nthe determination of county equalization rates.\n  2. If an assessor's annual report is not filed within the time\nprescribed by the commissioner or does not comply with the rules of the\ncommissioner, the commissioner shall so notify the county director of\nreal property tax services. The county director shall take such action\nas he or she shall deem necessary and appropriate to assist the assessor\nin preparing and filing or revising and filing such report.\n  3. If any city or town in a county to which this title is applicable\nfails to file an assessor's annual report which complies with the rules\nof the commissioner prior to the last date for the determination of\ncounty equalization rates, the commissioner shall notify the county\ndirector of real property tax services and the clerk of the county\nlegislative body that the provisions of this title shall not be\napplicable to that county for that year and that its county equalization\nfor that year shall be governed by the provisions of title one of this\narticle or such other law as may be applicable.\n  4. A resolution pursuant to subdivision one of this section shall be\nadopted on or before the first day of November in any year and shall\nremain in effect until rescinded by a resolution adopted on or before\nthe first day of November in any subsequent year. The clerk of the\ncounty legislative body shall file with the commissioner a copy of any\nresolution adopted pursuant to this section within five days after its\nadoption.\n
N.Y. PBA Law § 1432 — New York Code / Act PBA / Article 7 / Title 2 / Section 1432
Moneys of the authority
Status: in_force

§ 1432. Moneys of the authority. All moneys of the authority shall be\npaid to the commissioner of finance of the city as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe moneys in such accounts shall be paid out by the commissioner of\nfinance on requisition of the chairman of the authority or of such other\nperson or persons as the authority may authorize to make such\nrequisitions after audit by the commissioner of finance. All deposits of\nsuch moneys shall, if required by the commissioner of finance or the\nauthority, be secured by direct or guaranteed obligations of the United\nStates or its agencies or of the state of New York of a market value\nequal at all times to the amount of the deposit, and all banks and trust\ncompanies are authorized to give such security for such deposits.  The\ncommissioner of finance and his legally authorized representatives are\nauthorized and empowered from time to time to examine the accounts and\nbooks of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing. The authority shall have\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any of its bonds as to the custody, collection, securing,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be secured in\nthe same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits.\n  The accounts of the authority shall be subject to the supervision of\nthe state comptroller.\n
N.Y. ENV Law § 71-0207 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0207
Pleas by mail
Status: in_force

§ 71-0207. Pleas by mail.\n  A defendant charged with a violation of any provision of this chapter\nor rule, regulation or order promulgated or adopted thereunder may\nhimself plead guilty to the charge in open court. He may also submit to\nthe magistrate having jurisdiction, in person, by duly authorized agent,\nor by registered mail, a statement (a) that he waives arraignment in\nopen court and the aid of counsel, (b) that he pleads guilty to the\noffense as charged, (c) that he elects and requests that the charge be\ndisposed of and the fine or penalty fixed by the court, (d) of any\nexplanation that he desires to make concerning the offense charged, and\n(e) that he makes all statements under penalty of perjury.  Thereupon\nthe magistrate may proceed as though the defendant had been convicted\nupon a plea of guilty in open court, provided however, that any\nimposition of fine or penalty hereunder shall be deemed tentative until\nsuch fine or penalty shall have been paid and discharged in full.  If\nupon receipt of the aforesaid statement the magistrate shall deny the\nsame, he shall thereupon notify the defendant of this fact, and that he\nis required to appear before the said magistrate at a stated time and\nplace to answer the charge which shall thereafter be disposed of\npursuant to the applicable provisions of law.\n
N.Y. PBA Law § 1048-H — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-H
Transfer of water systems by the city to the water board
Status: in_force

§ 1048-h. Transfer of water systems by the city to the water board. 1.\nThe city may, acting by resolution of the common council of the city,\nenter into an agreement with the water board for the transfer to the\nwater board, for use in the exercise of its corporate powers and\npurposes, of the water system of the city as the same then shall be\nowned by the city. Any such agreement may provide for the transfer of\ntitle of such system by deed, lease or other arrangement to the water\nboard. To the extent not inconsistent with this title, any such\nagreement may impose such limitations or conditions as may be agreed\nupon by and between the city and water board with respect to the power\nof the water board to sell or otherwise dispose of any property acquired\nby the board pursuant to such agreement, and may provide for or\nauthorize the water board to surrender to the city, property no longer\nrequired by the water board for its public purposes.  Notwithstanding\nthe provisions of any general, special or local law or charter to the\ncontrary, any action taken by the city pursuant to this subdivision\nshall not be subject to a permissive or mandatory referendum.\n  2. Any such agreement shall set forth the liabilities of the city\nwhich it is contemplated are to be paid by the water board from moneys\navailable to it; provided, however, that such agreement does not require\nthe water board to assume the liabilities of the city; provided further,\nnotwithstanding the foregoing, the city shall continue to be the record\nowner for real estate tax purposes of any facilities located outside of\nits municipal boundaries. Notwithstanding the provisions of any general,\nspecial or local law or charter to the contrary, any moneys received by\nthe city in consideration for the transfer of such water system to the\nwater board may be deposited in the general fund of the city and used\nfor any lawful city purpose.\n  3. Any such agreement may provide for the payment by the city to the\nwater board from any funds of the city, of such amount as may be\ndetermined appropriate for use by the water board.\n  4. The city and the water board are hereby authorized and empowered to\nmake or enter into any contracts, agreements, deeds, leases, conveyances\nor other instruments as may be necessary or appropriate to effectuate\nthe purposes of this title, and they shall have power and authority to\ndo so and to authorize the doing of all things incidental, desirable or\nnecessary to implement the provisions of this title.\n  5. Notwithstanding the foregoing provisions of this section, no\nagreement contemplated by this section shall become effective for any\npurpose unless and until the same shall have been approved in writing by\nresolution of the authority.\n  6. Upon the filing by the water board with the clerk of the city and\nthe secretary of state of a copy of the instruments or documents\neffectuating the transfer authorized by this section, the water board\nshall take possession of the water system of the city thereby\ntransferred.\n  7. Any application filed or proceeding heretofore commenced in\nrelation to the water system transferred to the water board pending with\nthe state departments of environmental conservation or health or any\nother state agency or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the water board and be binding upon the water board\nto the same extent and in the same manner as if the water board had been\na party to such application or proceeding from its inception, and the\nwater board shall be deemed a party thereto to the extent not prohibited\nby any federal law. Any license, approval, permit or decision heretofore\nor hereafter issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the water board and shall be assigned and transferred by the city\nto the water board unless such assignment and transfer is prohibited by\nfederal law.\n  8. The rules and regulations of the water board may provide for the\ndiscontinuance or disconnection of the supply of water by the city for\nnon-payment of fees, rates, rents or other charges therefor imposed by\nthe water board, provided such discontinuance or disconnection of any\nsupply of water shall not be carried out except in the manner and upon\nthe notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law. A copy of all\nby-laws, rules and regulations and amendments thereto, duly certified by\nthe secretary of the water board, shall be filed in the offices of the\nclerk of the city and the secretary of state within three months and\nthereafter published once in the official newspaper of the city.\nViolation of such rules and regulations shall subject the offending\nparty to a civil penalty in an action brought by the water board, not\nexceeding one hundred dollars for each day the violation continues.\nJurisdiction is hereby conferred upon the city court to hear and\ndetermine, subject to the provisions of the civil practice law and\nrules, any violation of such rules and regulations.\n
N.Y. RPT Law § 474 — New York Code / Act RPT / Article 4 / Title 2 / Section 474
Dental societies
Status: in_force

§ 474.  Dental societies.  Real property from which no income is\nderived situated within a city having a population of one hundred\nseventy-five thousand or more according to the latest federal census and\nowned by a dental society of any judicial district, which judicial\ndistrict is wholly or partly within such city shall be exempt from\ntaxation, provided such property is used exclusively for the purposes of\nsuch a dental society, and further provided that such exemption of real\nproperty for any society in the first, second, tenth or eleventh\njudicial districts shall not exceed one hundred thousand dollars, and in\nany other judicial district affected thereby shall not exceed fifty\nthousand dollars; and provided further that such property shall be\ntaxable by any municipal corporation within which it is located if the\ngoverning board of such municipal corporation, after public hearing,\nadopts a local law, ordinance or resolution so providing.  Any such\nlocal law, ordinance or resolution may be amended or repealed.  The\nprovisions of subdivision six of section four hundred twenty-b of this\narticle shall apply to any such real property.  As used in this section\ndental society shall mean exclusively any dental society which was\nincorporated under the provisions of chapter one hundred fifty-two of\nthe laws of eighteen hundred sixty-eight and was continued by the\neducation law, and by chapters two hundred ninety-four of the laws of\nnineteen hundred six, six hundred seventeen of the laws of nineteen\nhundred forty-four, and six hundred ninety-two of the laws of nineteen\nhundred sixty-two.\n
N.Y. SOS Law § 461-D — New York Code / Act SOS / Article 7 / Title 2 / Section 461-D
Rights of residents in adult care facilities
Status: in_force

§ 461-d. Rights of residents in adult care facilities. 1. The\nprinciples enunciated in subdivision three hereof are declared to be the\npublic policy of the state and a copy of such statement of rights and\nresponsibilities shall be posted conspicuously in a public place in each\nfacility covered hereunder.\n  2. The department shall require that every adult care facility shall\nadopt and make public a statement of the rights and responsibilities of\nthe residents who are receiving care in such facilities, and shall treat\nsuch residents in accordance with the provisions of such statement.\n  3. Resident rights and responsibilities shall include, but not be\nlimited to the following:\n  (a) Every resident's civil and religious liberties, including the\nright to independent personal decisions and knowledge or available\nchoices, shall not be infringed and the facility shall encourage and\nassist in the fullest possible exercise of these rights.\n  (b) Every resident shall have the right to have private communications\nand consultations with his or her physician, attorney, and any other\nperson.\n  (c) Every resident shall have the right to present grievances on\nbehalf of himself or herself or others, to the facility's staff or\nadministrator, to governmental officials, or to any person without fear\nof reprisal, and to join with other residents or individuals within or\noutside of the facility to work for improvements in resident care.\n  (d) Every resident shall have the right to manage his or her own\nfinancial affairs.\n  (e) Every resident shall have the right to have privacy in treatment\nand in caring for personal needs.\n  (f) Every resident shall have the right to confidentiality in the\ntreatment of personal, social, financial and medical records, and\nsecurity in storing personal possessions.\n  (g) Every resident shall have the right to receive courteous, fair,\nand respectful care and treatment and a written statement of the\nservices provided by the facility, including those required to be\noffered on an as-needed basis.\n  (h) Every resident shall have the right to receive or to send personal\nmail or any other correspondence without interception or interference by\nthe operator of an adult care facility or any person affiliated\ntherewith.\n  (i) Every resident shall have the responsibility to obey all\nreasonable regulations of the facility and to respect the personal\nrights and private property of the other residents.\n  (j) The facility is required to include on its accident or incident\nreport the resident's version of the events leading to an accident or\nincident involving such resident, unless the resident objects.\n  (k) Every resident shall have the right to authorize those family\nmembers and other adults who will be given priority to visit consistent\nwith the resident's ability to receive visitors.\n  (l) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right to be fully\ninformed by his or her physician, or other health or mental health\nprovider of his or her medical condition and proposed medication,\ntreatment and services, unless medically contraindicated, and to refuse\nmedication, treatment or services after being fully informed of the\nconsequences of such actions; provided that an operator acting\nreasonably and in good faith, shall not be held liable or penalized for\ncomplying with the refusal of such medication, treatment or services by\na resident or, in the case of a person who lacks capacity to consent to\nhis or her health care, a person legally authorized to consent on behalf\nof the resident, who has been fully informed of the consequences of such\nrefusal.\n  (m) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right to choose the\nresident's own health care providers for services not covered by his or\nher admission agreement.\n  Waiver of any provision contained within this subdivision by a\nresident of an adult care facility shall be void.\n  4. Every resident of a residence for adults, adult home or enriched\nhousing program, shall be entitled to receive compensation for services\nperformed on behalf of such facility or persons affiliated therewith,\nand the operator of such facility shall maintain written records stating\nthe duties to be performed, the rate and type of compensation, and the\nhours and days during which these services will be performed.\n  5. Each operator shall give a copy of the statement of rights and\nresponsibilities to each resident at or prior to the time of admission\nto the facility, or to the appointed personal representative and to each\nmember of the facility's staff.\n  6. An operator or employee of a residence for adults, adult home or\nenriched housing program or any other entity which is a representative\npayee of a resident of such facility pursuant to designation by the\nsocial security administration or which otherwise assumes management\nresponsibility over the funds of a resident shall maintain such funds in\na fiduciary capacity to the resident. Any interest on money received and\nheld for the resident shall be the property of the individual resident.\n  7. Every operator of a residence for adults, adult home, enriched\nhousing program or family type home for adults shall post a long term\ncare ombudsman poster in such facility in the main entrance or public\nposting area where notices to residents are commonly displayed, or, if\nthere is no such main entrance or posting area, in the several public\nareas within the facility where notices to residents are commonly\ndisplayed, and shall make the long term care ombudsman brochure\navailable to residents upon request.\n
N.Y. RPT Law § 466-L — New York Code / Act RPT / Article 4 / Title 2 / Section 466-L
Extension of benefits
Status: in_force

§ 466-l. Extension of benefits. Any governing body of a city, village,\ntown, county, or school district that has provided a real property tax\nexemption to volunteer firefighters and volunteer ambulance workers\nserving the municipality in which they reside as authorized by this\nchapter, notwithstanding any provision of this title to the contrary, is\nhereby authorized to adopt a local law or resolution to extend such real\nproperty tax exemption to any volunteer firefighter or volunteer\nambulance worker who provides such volunteer services to a neighboring\ncity, village, town, county, or school district.\n
N.Y. RPT Law § 489-HHHHH — New York Code / Act RPT / Article 4 / Title 2-E / Section 489-HHHHH
Tax lien; interest rate
Status: in_force

§ 489-hhhhh. Tax lien; interest rate.  All taxes plus interest\nrequired to be paid retroactively pursuant to this title shall\nconstitute a tax lien as of the date it is determined such taxes and\ninterest are owed. All interest shall be calculated from the date the\ntaxes would have been due but for the exemption claimed pursuant to this\ntitle at three per centum above the applicable rate of interest imposed\nby such city generally for non-payment of real property tax with respect\nto such property for the period in question.\n
N.Y. RPT Law § 1437 — New York Code / Act RPT / Article 14 / Title 2 / Section 1437
Cancellation of void taxes
Status: in_force

§ 1437. Cancellation of void taxes. The board of trustees of any\nvillage may, and shall upon order of the county court, direct the\ncancellation of any unpaid tax levied or imposed by such board against\nproperty of the state or the United States where it is determined that\nthe lien of such tax cannot be enforced.\n
N.Y. GMU Law § 904-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 904-A
Town of Warwick industrial development agency
Status: in_force

* § 904-a. Town of Warwick industrial development agency. For the\nbenefit of the town of Warwick and the inhabitants thereof, an\nindustrial development agency, to be known as the TOWN OF WARWICK\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 town of Warwick, 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 Warwick. 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. LFN Law § 23.00 — New York Code / Act LFN / Article 2 / Title 2 / Section 23.00
Bond anticipation notes
Status: in_force

§ 23.00 Bond anticipation notes. a. Bond anticipation notes may be\nissued by any municipality, school district or district corporation in\nanticipation of the sale of bonds. Such notes may be issued whenever\nbonds have been authorized and the proceeds of such notes shall be\nexpended only for the same object or purpose, or class thereof for which\nthe proceeds of such bonds may be expended.\n  b. Such notes shall mature at such time as the issuer may determine\nand may be renewed from time to time, provided, that in no event shall\nsuch notes or the renewals thereof extend more than two years beyond\nsuch original date of issue unless a portion of such notes or the\nrenewals thereof shall be redeemed from a source other than the proceeds\nof bonds within two years from such original date of issue and unless a\nfurther portion thereof shall be so redeemed prior to the termination of\neach twelve months' period succeeding the date such original portion was\nso redeemed, if any of such notes, as renewed, are still outstanding at\nthe termination of each such period, but such notes or the renewals\nthereof shall not extend more than five years beyond such original date\nof issue. Such redemption shall be consistent with the amortization\nrequirements of article eight of the state constitution and section\n21.00 of this title. If the finance board has determined to provide for\nsubstantially level or declining debt service on the bonds in\nanticipation of which such notes are authorized to be issued, such notes\nshall be redeemed in an amount at least equal in each year to the annual\ninstallment which would be paid in such year if such notes were serial\nbonds issued at a five percent rate of interest for the remaining period\nof probable usefulness of the object or purpose for which issued, or, if\nless, the remaining portion of the maximum authorized maturity of such\nbonds, and all annual debt service payments were equal over the life of\nsuch bonds. In any event, bond anticipation notes shall not be renewed\nafter the receipt of the proceeds from the sale of the bonds in\nanticipation of which such notes were issued. Notwithstanding the\nprovisions of this paragraph: 1. bond anticipation notes issued in\nanticipation of the receipt of the proceeds of the sale of bonds for the\npurpose of providing moneys out of which to make loans to limited profit\nhousing companies pursuant to article two of the private housing finance\nlaw, or loans to owners of existing multiple dwellings pursuant to\narticle eight of the private housing finance law, or for the purpose of\nproviding moneys for the effectuating of any urban renewal program or\npart thereof pursuant to the general municipal law, or the renewals of\nsuch notes, may extend not more than five years beyond the original date\nof issue of such notes; and 2. renewals of bond anticipation notes\nissued originally during calendar years two thousand fifteen through two\nthousand twenty-one, inclusive may not extend more than seven years\nbeyond the original date of issue of such bond anticipation notes.\n  b-1. Notwithstanding the provisions of paragraph b of section 21.00 of\nthis title and the provisions of paragraph b of this section any bond\nanticipation notes issued in anticipation of bonds for an assessable\nimprovement may be renewed from time to time for a period not exceeding\none year for each such renewal, and without limitation as to the number\nof such renewals, provided that such notes, as renewed, shall not extend\nbeyond the expiration of the period of probable usefulness of the object\nor purpose for which issued, as computed from the date of the first note\nor notes so issued, and provided further that such notes, as renewed,\nshall not extend more than two years from the date of the first note or\nnotes so issued unless a portion thereof shall be redeemed from a source\nother than the proceeds of such bonds within two years from the date of\nthe first note or notes so issued and unless a further portion thereof\nshall be so redeemed prior to the termination of each twelve months'\nperiod succeeding the date such original portion was so redeemed, if any\nof such notes, as renewed, are still outstanding at the termination of\neach such period. Annual principal installments on notes issued pursuant\nto this paragraph shall be computed in accordance with the provisions of\nparagraph b of this section. Every bond anticipation note resolution and\ncertificate authorizing any such renewal note, in addition to the\nstatements and provisions required by section 38.10 of this chapter,\nshall contain a statement indicating that such note is issued in\nanticipation of bonds for an assessment improvement.\n  c. Bond anticipation notes shall not be issued in an amount which\nshall exceed the par value of the bonds in anticipation of which they\nare to be issued.\n  d. 1. Bond anticipation notes shall be redeemed from the proceeds of\nthe sale of the bonds in anticipation of which they were issued.\nHowever, if such bonds are not sold, then such bond anticipation notes\nshall be redeemed:\n  (a) From any unencumbered balance in any fund which may be applied to\nthe payment thereof, or\n  (b) By a budgetary appropriation.\n  2. Notwithstanding the provisions of subdivision one of this\nparagraph, bond anticipation notes may be redeemed, in whole or in part,\nprior to the sale of the bonds in anticipation of which such notes were\nissued, from any moneys which lawfully may be applied to the payment of\nsuch notes.\n
N.Y. EDN Law § 2604 — New York Code / Act EDN / Title 2 / Article 53 / Section 2604
Division of city school district into school election districts; elections held in schoolhouses
Status: in_force

§ 2604. Division of city school district into school election\ndistricts; elections held in schoolhouses.  The board of education of\neach city school district shall adopt a resolution on or before the\nfirst day of April, preceding the first annual school election held\nhereunder, dividing the city school district into school election\ndistricts.  The city school district shall be so divided that if\ncircumstances will permit, school election districts will be coterminous\nwith one or more general election districts, and that, if practicable,\nthere shall be a schoolhouse in each election district.  The election\ndistricts thus formed shall continue in existence until modified by\nresolution of the board of education.  Such resolution shall accurately\ndescribe the boundaries of such election districts by streets, alleys\nand highways, when practicable.  School elections shall be held in such\nschool election districts so far as may be possible in the public\nschoolhouses therein.  If there is no public schoolhouse in a school\nelection district, the board of education shall by resolution designate\nthe place where the election in such district shall be held.\nNotwithstanding the foregoing provisions of this section, the board of\neducation of any city school district of a city of less than ten\nthousand inhabitants may, by resolution, designate the entire city\nschool district as a single school district.\n
N.Y. RPT Law § 1111-A — New York Code / Act RPT / Article 11 / Title 2 / Section 1111-A
Expedited foreclosure proceedings for vacant and abandoned residential real property
Status: in_force

§ 1111-a. Expedited foreclosure proceedings for vacant and abandoned\nresidential real property. 1. Finding of vacancy and abandonment by\naffidavit. Except in cities with a population of one million or more, an\nenforcing officer or his or her agent may determine that a residential\nreal property is vacant and abandoned under this section. Such property\nmay be subject to a redemption period of one year, only if the enforcing\nofficer or his or her agent makes an affidavit to that effect and the\nproperty has been placed on a local municipal roll, registry or list of\nvacant and abandoned property maintained by the taxing municipality.\n  2. Enforcing officer. (a) For purposes of this section "enforcing\nofficer" shall mean the person employed by the municipality to enforce\nstate and local land use regulations such as the New York State Property\nMaintenance Code or the New York State Uniform and Fire Prevention and\nBuilding Code, or his or her agent.\n  (b) The enforcing officer or his or her agent must conduct at least\nthree consecutive inspections of residential real property believed to\nbe vacant and abandoned, with each inspection occurring at least thirty\ndays apart and at different times of the day. The enforcing officer must\ninclude in his or her affidavit the dates and times of inspections and a\nstatement that each inspection reasonably indicated that no occupant was\npresent and that there was no evidence of occupancy on the property to\nindicate that any persons were residing there.\n  (c)(1) For purposes of this subdivision, the "evidence of abandonment"\nthat the enforcing officer or his or her agent considers during such\nconsecutive inspections shall include but not be limited to any of the\nfollowing conditions: (i) overgrown or dead vegetation; (ii) an\naccumulation of newspapers, circulars, flyers or mail; (iii) past due\nutility notices, disconnected utilities, or utilities not in use; (iv)\nan accumulation of trash refuse or other debris; (v) the absence of\nwindow coverings such as curtains, blinds, or shutters; (vi) one or more\nboarded, missing or broken windows; (vii) that the property is open to\ncasual entry or trespass; or (viii) that the property has a building or\nstructure that is or appears structurally unsound or has any other\ncondition that presents a potential hazard or danger to the safety of\npersons. At least three separate reasonable indications of abandonment\nare required for a determination of abandonment by the enforcing officer\nor his or her agent observed on each of his or her consecutive\ninspections made pursuant to paragraph (b) of this subdivision. A\nlisting of all indications relied on shall be included in the affidavit\nalong with the dates and times observed.\n  (2) Residential real property shall not be deemed vacant and/or\nabandoned where such property is: (i) an unoccupied building which is\nundergoing construction, renovation or rehabilitation that is proceeding\nto completion, and the building is in compliance with all applicable\nordinances, codes, regulations and statutes; (ii) a building occupied on\na seasonal basis; (iii) a building that is the subject of a probate\naction, action to quiet title, or other similar ownership dispute; (iv)\na building damaged by a natural disaster and one or more owners intends\nto repair and reoccupy the property; or (v) occupied by the taxpayer, a\nrelative of the taxpayer or a tenant lawfully in possession.\n  (d) The affidavit required by this subdivision shall include language\nindicating the enforcing officer or his or her agent in his or her\nprofessional opinion has made a determination that the property is\nvacant and abandoned.\n  3. Notice. (a) The affidavit described in subdivision two of this\nsection shall be served on the property owner or owners pursuant to\nsection three hundred eight of the civil practice law and rules within\none week of having the enforcing officer's signature affixed to it.\n  (b) The affidavit and copies of all attached pictures, exhibits and\nother supporting documentation shall be filed with the clerk of the\ntown, village, or city in which the real property is located within one\nweek of having the enforcing officer's or his or her agent's signature\naffixed to it.\n  4. Municipal roll of vacant and abandoned property. (a) All taxing\nlocalities may maintain a roll of vacant and abandoned properties. Such\nroll must include the tax identification number of the lot, the name or\nnames of known legal owners of the property, the date of the finding of\nvacant and abandonment pursuant to the enforcing officer's affidavit,\nand any other information the municipality deems necessary.\n  (b) The roll of vacant and abandoned properties shall be made\navailable to the public.\n  (c) Upon the placement of any property or lot on the roll, the clerk\nof the town, village or city in which the real property is located shall\nserve notice on the property owner or owners, pursuant to section three\nhundred eight of the civil practice law and rules, that the property has\nbeen placed on the roll and the property may be subject to a reduced\nredemption period of one year if delinquent taxes become owing.\n  (d) For purposes of this section the term "roll" shall include a\nregistry or list of vacant and abandoned property.\n  5. Any person or persons, jointly or severably aggrieved under this\nsection may apply to the supreme court for review by proceeding under\narticle seventy-eight of the civil practice law and rules. Such\nproceeding must be instituted within four months of service of notice on\nthe property owner.\n
N.Y. PBH Law § 4914 — New York Code / Act PBH / Article 49 / Title 2 / Section 4914
Procedures for external appeals of adverse determinations
Status: in_force

§ 4914. Procedures for external appeals of adverse determinations. 1.\nThe commissioner shall establish procedures by regulation to randomly\nassign an external appeal agent to conduct an external appeal, provided\nthat the commissioner may establish a maximum fee which may be charged\nfor any such external appeal, or the commissioner may exclude from such\nrandom assignment any external appeal agent which charges a fee which\nshe deems to be unreasonable.\n  2. (a) The enrollee shall have four months to initiate an external\nappeal after the enrollee receives notice from the health care plan, or\nsuch plan's utilization review agent if applicable, of a final adverse\ndetermination or denial or after both the plan and the enrollee have\njointly agreed to waive any internal appeal, or after the enrollee is\ndeemed to have exhausted or is not required to complete any internal\nappeal pursuant to section 2719 of the Public Health Service Act, 42\nU.S.C. § 300gg-19. Where applicable, the enrollee's health care provider\nshall have sixty days to initiate an external appeal after the enrollee\nor the enrollee's health care provider, as applicable, receives notice\nfrom the health care plan, or such plan's utilization review agent if\napplicable, of a final adverse determination or denial or after both the\nplan and the enrollee have jointly agreed to waive any internal appeal.\nSuch request shall be in writing in accordance with the instructions and\nin such form prescribed by subdivision five of this section. The\nenrollee, and the enrollee's health care provider where applicable,\nshall have the opportunity to submit additional documentation with\nrespect to such appeal to the external appeal agent within the\napplicable time period above; provided however that when such\ndocumentation represents a material change from the documentation upon\nwhich the utilization review agent based its adverse determination or\nupon which the health plan based its denial, the health plan shall have\nthree business days to consider such documentation and amend or confirm\nsuch adverse determination.\n  (b) The external appeal agent shall make a determination with respect\nto the appeal within thirty days of the receipt of the request therefor,\nsubmitted in accordance with the commissioner's instructions. The\nexternal appeal agent shall have the opportunity to request additional\ninformation from the enrollee, the enrollee's health care provider and\nthe enrollee's health care plan within such thirty-day period, in which\ncase the agent shall have up to five additional business days if\nnecessary to make such determination. The external appeal agent shall\nnotify the enrollee, the enrollee's health care provider where\nappropriate, and the health care plan, in writing, of the appeal\ndetermination within two business days of the rendering of such\ndetermination.\n  (c) Notwithstanding the provisions of paragraphs (a) and (b) of this\nsubdivision, if the enrollee's attending physician states that a delay\nin providing the health care service would pose an imminent or serious\nthreat to the health of the enrollee, or if the enrollee is entitled to\nan expedited external appeal pursuant to section 2719 of the federal\nPublic Health Service Act, 42 U.S.C. § 300gg-19, the external appeal\nshall be completed within no more than seventy-two hours of the request\ntherefor and the external appeal agent shall make every reasonable\nattempt to immediately notify the enrollee, the enrollee's health care\nprovider where appropriate, and the health plan of its determination by\ntelephone or facsimile, followed immediately by written notification of\nsuch determination.\n  (d) (A) For external appeals requested pursuant to paragraph (a) of\nsubdivision two of section forty-nine hundred ten of this title, the\nexternal appeal agent shall review the utilization review agent's final\nadverse determination and, in accordance with the provisions of this\ntitle, shall make a determination as to whether the health care plan\nacted reasonably and with sound medical judgment and in the best\ninterest of the patient. When the external appeal agent makes its\ndetermination, it shall consider the clinical standards of the plan, the\ninformation provided concerning the patient, the attending physician's\nrecommendation, and applicable generally accepted practice guidelines\ndeveloped by the federal government, national or professional medical\nsocieties, boards and associations. Provided that such determination\nshall:\n  (i) be conducted only by one or a greater odd number of clinical peer\nreviewers,\n  (ii) be accompanied by a notice of appeal determination which shall\ninclude the reasons for the determination; provided, however, that where\nthe final adverse determination is upheld on appeal, the notice shall\ninclude the clinical rationale, if any, for such determination,\n  (iii) be subject to the terms and conditions generally applicable to\nbenefits under the evidence of coverage under the health care plan,\n  (iv) be binding on the plan and the enrollee, and\n  (v) be admissible in any court proceeding.\n  (B) For external appeals requested pursuant to paragraph (b) of\nsubdivision two of section forty-nine hundred ten of this title, the\nexternal appeal agent shall review the proposed health service or\nprocedure for which coverage has been denied and, in accordance with the\nprovisions of this title and the external agent's experimental and\ninvestigational treatment review plan, make a determination as to\nwhether the patient costs of such health service or procedure shall be\ncovered by the health care plan; provided that such determination shall:\n  (i) be conducted by a panel of three or a greater odd number of\nclinical peer reviewers,\n  (ii) be accompanied by a written statement:\n  (1) that the patient costs of the proposed health service or procedure\nshall be covered by the health care plan either: when a majority of the\npanel of reviewers determines, based upon review of the applicable\nmedical and scientific evidence and, in connection with rare diseases,\nthe physician's certification required by subdivision seven-g of section\nforty-nine hundred of this article and such other evidence as the\nenrollee, the enrollee's designee or the enrollee's attending physician\nmay present (or upon confirmation that the recommended treatment is a\nclinical trial), the enrollee's medical record, and any other pertinent\ninformation, that the proposed health service or treatment (including a\npharmaceutical product within the meaning of subparagraph (B) of\nparagraph (b) of subdivision five of section forty-nine hundred of this\narticle) is likely to be more beneficial than any standard treatment or\ntreatments for the enrollee's condition or disease or, for rare\ndiseases, that the requested health service or procedure is likely to\nbenefit the enrollee in the treatment of the enrollee's rare disease and\nthat such benefit to the enrollee outweighs the risks of such health\nservice or procedure (or, in the case of a clinical trial, is likely to\nbenefit the enrollee in the treatment of the enrollee's condition or\ndisease); or when a reviewing panel is evenly divided as to a\ndetermination concerning coverage of the health service or procedure, or\n  (2) upholding the health plan's denial of coverage,\n  (iii) be subject to the terms and conditions generally applicable to\nbenefits under the evidence of coverage under the health care plan,\n  (iv) be binding on the plan and the enrollee, and\n  (v) be admissible in any court proceeding.\n  As used in this subparagraph (B) with respect to a clinical trial,\npatient costs shall include all costs of health services required to\nprovide treatment to the enrollee according to the design of the trial.\nSuch costs shall not include the costs of any investigational drugs or\ndevices themselves, the cost of any nonhealth services that might be\nrequired for the enrollee to receive the treatment, the costs of\nmanaging the research, or costs which would not be covered under the\npolicy for noninvestigational treatments.\n  (C) For external appeals requested pursuant to paragraph (c) of\nsubdivision two of section four thousand nine hundred ten of this title\nrelating to an out-of-network denial, the external appeal agent shall\nreview the utilization review agent's final adverse determination and,\nin accordance with the provisions of this title, shall make a\ndetermination as to whether the out-of-network health service shall be\ncovered by the health plan.\n  (i) The external appeal agent shall assign one clinical peer reviewer\nto make a determination as to whether the out-of-network health service\nis materially different from the health service available in-network.\n  (ii) If a determination is made that the out-of-network health service\nis not materially different from the health service available in-network\nthe out-of-network health service shall not be covered by the health\nplan.\n  (iii) If a determination is made that the out-of-network health\nservice is materially different from the health service available\nin-network, the external appeal agent shall assign a panel with an\nadditional two or a greater odd number of clinical peer reviewers which\nshall make a determination as to whether the out-of-network health\nservice shall be covered by the health plan; provided that such\ndetermination shall:\n  (1) be accompanied by a written statement that:\n  (I) the out-of-network health service shall be covered by the health\ncare plan either: when a majority of the panel of reviewers determines,\nupon review of the health service requested by the enrollee, the\nalternate recommended health service proposed by the plan, the clinical\nstandards of the plan, the information provided concerning the enrollee,\nthe attending physician's recommendation, the applicable medical and\nscientific evidence, the enrollee's medical record, and any other\npertinent information that the out-of-network health service is likely\nto be more clinically beneficial than the proposed in-network health\nservice and the adverse risk of the requested health service would\nlikely not be substantially increased over the in-network health\nservice; or\n  (II) uphold the health plan's denial of coverage.\n  (2) be subject to the terms and conditions generally applicable to\nbenefits under the evidence of coverage under the health care plan;\n  (3) be binding on the plan and the enrollee; and\n  (4) be admissible in any court proceeding.\n  (D) For external appeals requested pursuant to paragraph (d) of\nsubdivision two of section four thousand nine hundred ten of this title\nrelating to an out-of-network referral denial, the external appeal agent\nshall review the utilization review agent's final adverse determination\nand, in accordance with the provisions of this title, shall make a\ndetermination as to whether the out-of-network referral shall be covered\nby the health plan; provided that such determination shall:\n  (i) be conducted only by one or a greater odd number of clinical peer\nreviewers;\n  (ii) be accompanied by a written statement:\n  (1) that the out-of-network referral shall be covered by the health\ncare plan either when the reviewer or a majority of the panel of\nreviewers determines, upon review of the training and experience of the\nin-network health care provider or providers proposed by the plan, the\ntraining and experience of the requested out-of-network provider, the\nclinical standards of the plan, the information provided concerning the\nenrollee, the attending physician's recommendation, the enrollee's\nmedical record, and any other pertinent information, that the health\nplan does not have a provider with the appropriate training and\nexperience to meet the particular health care needs of an enrollee who\nis able to provide the requested health service, and that the\nout-of-network provider has the appropriate training and experience to\nmeet the particular health care needs of an enrollee, is able to provide\nthe requested health service, and is likely to produce a more clinically\nbeneficial outcome; or\n  (2) upholding the health plan's denial of coverage;\n  (iii) be subject to the terms and conditions generally applicable to\nbenefits under the evidence of coverage under the health care plan;\n  (iv) be binding on the plan and the enrollee; and\n  (v) be admissible in any court proceeding.\n  3. No external appeal agent or clinical peer reviewer conducting an\nexternal appeal shall be liable in damages to any person for any\nopinions rendered by such external appeal agent or clinical peer\nreviewer upon completion of an external appeal conducted pursuant to\nthis section, unless such opinion was rendered in bad faith or involved\ngross negligence.\n  4. (a) Except as provided in paragraphs (b) and (c) of this\nsubdivision, payment for an external appeal shall be the responsibility\nof the health care plan. The health care plan shall make payment to the\nexternal appeal agent within forty-five days from the date the appeal\ndetermination is received by the health care plan, and the health care\nplan shall be obligated to pay such amount together with interest\nthereon calculated at a rate which is the greater of the rate set by the\ncommissioner of taxation and finance for corporate taxes pursuant to\nparagraph one of subsection (e) of section one thousand ninety-six of\nthe tax law or twelve percent per annum, to be computed from the date\nthe bill was required to be paid, in the event that payment is not made\nwithin such forty-five days.\n  (b) If an enrollee's health care provider requests an external appeal\nof a concurrent adverse determination and the external appeal agent\nupholds the health care plan's determination in whole, payment for the\nexternal appeal shall be made by the health care provider in the manner\nand subject to the timeframes and requirements set forth in paragraph\n(a) of this subdivision.\n  (c) If an enrollee's health care provider requests an external appeal\nof a concurrent adverse determination and the external appeal agent\nupholds the health care plan's determination in part, payment for the\nexternal appeal shall be evenly divided between the health care plan and\nthe enrollee's health care provider who requested the external appeal\nand shall be made by the health care plan and the enrollee's health care\nprovider in the manner and subject to the timeframes and requirements\nset forth in paragraph (a) of this subdivision; provided, however, that\nthe commissioner may, upon a determination by the superintendent of\nfinancial services that health care plans or health care providers are\nexperiencing a substantial hardship as a result of payment for the\nexternal appeal when the external appeal agent upholds the health care\nplan's determination in part, in consultation with the superintendent,\npromulgate regulations to limit such hardship.\n  (d) If an enrollee's health care provider was acting as the enrollee's\ndesignee, payment for the external appeal shall be made by the health\ncare plan. The external appeal and any designation shall be submitted on\na standard form developed by the commissioner in consultation with the\nsuperintendent of financial services pursuant to subdivision five of\nthis section. The superintendent of financial services shall have the\nauthority upon receipt of an external appeal to confirm the designation\nor request other information as necessary, in which case the\nsuperintendent of financial services shall make at least two written\nrequests to the enrollee to confirm the designation. The enrollee shall\nhave two weeks to respond to each such request. If the enrollee fails to\nrespond to the superintendent of financial services within the specified\ntimeframe, the superintendent of financial services shall make two\nwritten requests to the health care provider to file an external appeal\non his or her own behalf. The health care provider shall have two weeks\nto respond to each such request. If the health care provider does not\nrespond to the superintendent of financial services requests within the\nspecified timeframe, the superintendent of financial services shall\nreject the appeal. If the health care provider responds to the\nsuperintendent's requests, payment for the external appeal shall be made\nin accordance with paragraphs (b) and (c) of this subdivision.\n  5. The commissioner, in consultation with the superintendent of\nfinancial services, shall promulgate by regulation a standard\ndescription of the external appeal process established under this\nsection, which shall provide a standard form and instructions for the\ninitiation of an external appeal by an enrollee.\n
N.Y. MDW Law § 230 — New York Code / Act MDW / Article 7 / Title 2 / Section 230
Chimneys and fireplaces
Status: in_force

§ 230. Chimneys and fireplaces.  In every existing tenement which is\nnot heated from a central heating plant there shall be adequate flues or\nchimneys through every floor with a fireplace or place for a stove\nproperly connected with one of such flues or chimneys for every\napartment.\n
N.Y. PBA Law § 542 — New York Code / Act PBA / Article 3 / Title 2 / Section 542
Inconsistent provisions in other acts superseded
Status: in_force

§ 542. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, the provisions of this title shall be\ncontrolling.\n
N.Y. PBH Law § 2224 — New York Code / Act PBH / Article 22 / Title 2 / Section 2224
Tuberculosis; false reports; violation and penalty
Status: in_force

§ 2224. Tuberculosis; false reports; violation and penalty.  Any\nphysician or person practicing as a physician who shall wilfully make\nany false statement concerning the name, age, sex, color, occupation,\nplace where last employed if known, or address of any person reported as\naffected with tuberculosis, or who shall certify falsely as to any of\nthe precautions taken to prevent the spread of infection, shall be\ndeemed guilty of a misdemeanor, and on conviction thereof shall be\nsubject to a fine of not more than one hundred dollars.\n
N.Y. EDN Law § 1916 — New York Code / Act EDN / Title 2 / Article 39 / Section 1916
Superintendent status
Status: in_force

§ 1916. Superintendent status.  A central high school district will be\nconsidered for eligibility for independent superintendency status under\ncriteria established by the commissioner.\n
N.Y. EDN Law § 2218 — New York Code / Act EDN / Title 2 / Article 45 / Section 2218
Partitioning of territory and formation of new school districts by district superintendents
Status: in_force

§ 2218. Partitioning of territory and formation of new school\ndistricts by district superintendents.  Notwithstanding any other\nprovision of law to the contrary, in addition to the authority granted\nunder the provisions of article thirty-one of this chapter, a district\nsuperintendent of schools may order the partitioning of territory from\nan existing union free, central, central high school or enlarged city\nschool district that is located within his or her supervisory district,\nthe dissolution and reformation of the existing school district where\nnecessary and the formation of a new union free or city school district\nout of such territory in accordance with the provisions of this section.\n  1. Definitions: For the purposes of this section and section\nthirty-six hundred two-f of this chapter:\n  a. "Actual valuation" means the actual valuation, as defined in\nparagraph c of subdivision one of section thirty-six hundred two of this\nchapter, of a school district that would result from reorganization\npursuant to this section.\n  b. "Enlarged city school district" means a city school district of a\ncity having a population of less than one hundred twenty-five thousand\ninhabitants that includes areas outside of the city boundaries.\n  c. "Enrollment" means the unduplicated count of all children\nregistered to receive educational services in grades kindergarten\nthrough twelve, including children in ungraded programs as registered on\nthe date prior to November first that is specified by the commissioner\nas the enrollment reporting date for the school district or non-public\nschool, as reported to the commissioner.\n  d. "Municipality" means a city having a population of less than one\nhundred twenty-five thousand inhabitants, a village or a town, wholly\ncontained in one school district.\n  e. "New school district" means the school district formed or reformed\nfrom the territory partitioned from the pre-existing school district\nthat is coterminous with a municipality.\n  f. "Pre-existing school district" means a union free, central, central\nhigh school or enlarged city school district from which territory is to\nbe partitioned pursuant to this section.\n  g. "Remaining school district" means the school district remaining\nafter its boundary is altered to partition a municipality.\n  h. "Union free school district" means any union free school district\nother than a special act school district as defined in subdivision eight\nof section four thousand one of this chapter.\n  2. Minimum qualifications. To be eligible for reorganization pursuant\nto this section, the municipality seeking to reorganize a new school\ndistrict shall have a population of at least ten thousand inhabitants\nand the remaining school district shall have an enrollment of at least\none thousand children, provided that any territory that was added to the\npre-existing school district by vote for annexation, centralization or\nconsolidation shall not be eligible for partitioning pursuant to this\nsection until five years after the vote approving such annexation,\ncentralization or consolidation.\n  3. Procedure for reorganization. a. Reorganization pursuant to this\nsection may be initiated by a petition to the board of education of the\npre-existing school district submitted by the governing body of the\nmunicipality seeking to reorganize a new school district. If the board\nof education determines that the petition has been properly submitted\nand that the territory described in the petition meets the minimum\nqualifications for reorganization under this section, it shall transmit\na copy to the district superintendent with a request for assistance in\nthe development of a plan for reorganization to form a new union free or\ncity school district out of such territory.\n  b. The district superintendent shall assist the petitioners in\ndeveloping such reorganization plan in consultation with representatives\nof the pre-existing school district. Such reorganization plan shall:\n  (i) describe the boundaries of the new school district;\n  (ii) state the effective date of the reorganization and indicate\nwhether the new school district will be a union free school district or\na city school district and, in the case of reorganization involving a\ncentral high school district or a city school district, the type of\nschool district that the remaining school district will be;\n  (iii) describe how the facilities needs of the new school district\nwill be met;\n  (iv) describe the impact of the reorganization upon teachers and other\nemployees of the pre-existing school district;\n  (v) describe the educational programs and services to be provided by\nthe new school district, and for any reorganization that will take\neffect during a school year, describe how programs and services to\nstudents residing in the new school district will be continued without\ndisruption for the balance of such school year;\n  (vi) set forth any real or personal property of the pre-existing\nschool district that will be transferred to the new school district in\naccordance with this section;\n  (vii) provide for a proposed allocation of the bonded indebtedness of\nthe pre-existing school district incurred while the territory to be\npartitioned was part of such pre-existing school district and for a\nproposed allocation of other debt of the pre-existing school district;\n  (viii) describe the impact of the reorganization on the contractual\nobligations of the pre-existing school district;\n  (ix) include a proposed budget for the new school district for the\nfirst school year of its operation and estimate the impact of the\nproposed reorganization on school taxes for taxpayers in the new school\ndistrict and the remaining school district; and\n  (x) describe any necessary transition procedures for the first school\nyear of operation of the new school district, including but not limited\nto procedures for the recommendation of special education programs and\nservices for students with disabilities and preschool children with\ndisabilities residing within the new school district.\n  c. The district superintendent shall review the proposed\nreorganization plan and determine whether it is in compliance with the\nrequirements of this section. If the district superintendent certifies\nto the board of education of the pre-existing school district that such\nplan is in compliance, such board, within twenty days after receipt of\nsuch certification, shall proceed to call a special district meeting to\nconduct a vote on the proposed reorganization unless such reorganization\nis approved by a vote of the board of education to the extent provided\nunder paragraph d of this subdivision and shall schedule at least one\npublic hearing on the proposed reorganization, to be held not less than\nseven days prior to the vote. Notice of such special district meeting\nshall specify the date and time at which the vote will be held, which\nshall be not less than twenty nor more than thirty days after the\npublication or posting of such notice, and the place or places within\nthe pre-existing school district at which the vote will be held. Such\nnotice shall be published at least once a week for three consecutive\nweeks preceding the meeting in at least one newspaper in general\ncirculation in the pre-existing school district, and if there be no such\nnewspaper in general circulation in the district, such notice shall be\nposted in at least five conspicuous places in said district at least\ntwenty days before such meeting.\n  d. The proposed reorganization shall be subject to approval by:\n  (i) a majority vote of the qualified voters residing in such\nmunicipality, or a vote of at least two-thirds of the governing body of\nsuch municipality, and\n  (ii) a majority vote of the qualified voters residing in the remaining\nschool district, or a vote of at least two-thirds of the board of\neducation of the pre-existing school district provided that a member who\nresides in such municipality shall be ineligible to vote as a school\nboard member on the proposition for reorganization.\n  e. Notwithstanding any other provision of law to the contrary, the\nboard of education of the pre-existing school district shall be\nauthorized to establish special election districts for the purpose of\nconducting the votes required under paragraph d of this subdivision, and\nthe district superintendent shall be authorized to order any other\nmodifications in school election procedures that are needed to carry out\nthe provisions of this section.\n  4. Order of district superintendent. The clerk of the pre-existing\nschool district shall file with the district superintendent a\ncertification of the results of the votes required by paragraph d of\nsubdivision three of this section. Upon filing of a certification that\nboth required votes are in favor of reorganization, the district\nsuperintendent shall issue an order forming or reforming the new school\ndistrict, altering the boundaries of the pre-existing school district\naccordingly, and, where necessary, reforming the remaining school\ndistrict and shall file such order in the manner prescribed in section\nfifteen hundred six of this chapter. The new school district shall be\nformed as a union free school district authorized to provide instruction\nin grades kindergarten through twelve, except that if the new school\ndistrict is coterminous with a city having a population of one hundred\ntwenty-five thousand inhabitants or less, such order shall designate\nsuch district as a city school district. Notwithstanding the foregoing,\nwhere the territory partitioned from a central high school district is\ncoterminous with a former component school district of such central high\nschool district, the district superintendent's order shall reform the\ncomponent school district as a union free school district authorized to\nprovide instruction in grades kindergarten through twelve. The remaining\nschool district shall retain its status as a union free, central,\ncentral high school or city school district, except that (i) where the\nnew school district is a city school district, the remaining school\ndistrict shall be reformed as a union free school district, and (ii)\nwhere such reorganization would result in a central high school district\nwith only one component district, the district superintendent shall\norder reformation of the remaining central high school district into a\nunion free school district.\n  5. Effect of partitioning of territory. a. If there is outstanding\nbonded indebtedness chargeable against the pre-existing school district\nat the time of reorganization incurred while the territory to be\npartitioned was part of such pre-existing school district, the district\nsuperintendent shall apportion such indebtedness between the new school\ndistrict and the remaining school district according to the actual\nvaluation of the two districts, based on data on file with the\ncommissioner; and any approved expenditures for debt service represented\nby such apportioned indebtedness shall be eligible for an apportionment\nof building aid computed pursuant to subdivision six of section\nthirty-six hundred two of this chapter using an aid ratio computed for\nuse in any year commencing with the nineteen hundred\neighty-one--eighty-two school year for the pre-existing school district.\nThe portion of such bonded indebtedness so apportioned shall become a\ncharge upon the respective districts as though the same had been\nincurred by said districts separately, and the amount so apportioned\nshall not be adjusted thereafter.\n  b. Where the pre-existing school district has incurred indebtedness\nother than bonds or notes for the benefit of the residents of the\nmunicipality such other debt may be apportioned by the district\nsuperintendent between the new school district and the remaining school\ndistrict in the manner and to the extent provided in the reorganization\nplan.\n  c. Upon the effective date of the reorganization, legal title and all\nother property rights to any school facility of the pre-existing school\ndistrict that is located within the new school district shall be\ntransferred to such new school district, except that school facilities\nof a central high school district shall remain the property of the\ncentral high school district.  The district superintendent shall\napportion the value of any school facility so transferred between the\nnew school district and the remaining school district according to the\nactual valuation of the two districts based on data on file with the\ncommissioner. In determining such value, the district superintendent\nshall deduct from the fair market value of the school facility the\namount of any outstanding bonded indebtedness on such facility.  The\ncost of an appraisal to determine fair market value shall be a charge\nupon the new school district. The board of education of the new school\ndistrict shall reimburse the board of education of the remaining school\ndistrict in an amount equal to the remaining school district's share of\nthe value of the school facility as apportioned by the district\nsuperintendent, and such amount shall be a charge upon the new school\ndistrict.\n  d. Any school bus or personal property of the pre-existing school\ndistrict that is no longer needed by the remaining school district may\nbe transferred to the new school district upon such terms and conditions\nas may be agreed upon by the boards of education of the remaining school\ndistrict and the new school district.\n  e. For any reorganization pursuant to this section that takes effect\nduring a school year, the district superintendent shall apportion the\nadministrative expense of the board of cooperative educational services\nchargeable to the pre-existing school district between the new school\ndistrict and the remaining district based on the actual valuation of the\ntwo districts.\n  f. Members of the teaching and supervisory staff of the pre-existing\nschool district at the time of the reorganization shall have the right\nto select the school district in which he or she shall be considered an\nemployee, with the same tenure status he or she maintained in the\npre-existing school district. Such selection shall be based on each\nteacher's seniority in the pre-existing school district, with the right\nof selection passing from such teachers with the most seniority to such\nteachers with the least seniority. Any such teacher who is unable to\nobtain a teaching position in the new school district because the number\nof positions needed is less than the number of teachers eligible to be\nconsidered employees pursuant to this paragraph shall, in such new\nschool district and in the remaining school district, be placed on a\npreferred eligible list of candidates for appointment to a vacancy that\nmay thereafter occur in a position similar to the one such teacher\nfilled in the pre-existing school district. Such teachers shall be\nappointed to vacancies in such corresponding or similar positions in the\norder of their length of service in the pre-existing school district,\nwithin seven years from the date of the reorganization pursuant to this\nsection. For such teachers, for salary, sick leave or any other purpose,\nthe length of service credited in the pre-existing school district shall\nbe credited as employment time with the new school district or the\nremaining school district, as applicable.\n  g. Members of the board of education of the pre-existing school\ndistrict who reside in the territory partitioned pursuant to this\nsection shall vacate their positions on the effective date of the\nreorganization, and the vacancies so created shall be filled in the\nmanner provided by law, provided, however, that if the board of\neducation of the remaining school district is unable to obtain a quorum\nto vote on whether to fill such vacancies by appointment or to call a\nspecial district meeting to fill the vacancies by election within thirty\ndays after the reorganization, the district superintendent shall be\nauthorized to fill such vacancies until the next annual meeting and\nelection of the district. Whenever a school district is reformed\npursuant to this section, the reformed school district shall be the\nsuccessor in interest of the former school district and the board of\neducation of the former school district shall continue as the board of\neducation of the reformed school district, except that where a central\nhigh school district is reformed as a union free school district the\nboard of education of the component school district that is coterminous\nwith the central high school district shall become the board of\neducation of the reformed school district, and the members of the board\nof education of the central high school district shall vacate their\npositions on the effective date of the reorganization.\n  h. Notwithstanding any other provision of law to the contrary, if a\nproposal for reorganization pursuant to this section is defeated by the\nvoters, such proposal may not be resubmitted for a vote until two years\nafter the original vote.\n
N.Y. EDN Law § 2127 — New York Code / Act EDN / Title 2 / Article 43 / Part 2 / Section 2127
Liability of collector for moneys lost
Status: in_force

§ 2127. Liability of collector for moneys lost.  If by the neglect of\nthe collector any moneys shall be lost to a school district, which might\nhave been collected within the time limited in the warrant delivered to\nhim for their collection, he shall forfeit to such district the amount\nof the moneys thus lost, and shall account for and pay over the same to\nthe trustees of such district, in the same manner as if they had been\ncollected.\n
N.Y. EDN Law § 2512 — New York Code / Act EDN / Title 2 / Article 51 / Section 2512
Buildings and sites
Status: in_force

§ 2512. Buildings and sites. 1. Such board of education is authorized\nand it shall have power to designate sites, to purchase, repair,\nreconstruct, improve or enlarge school buildings or other buildings or\nsites, and to construct new buildings, provided that the purchase,\nrepair, reconstruction, improvement or enlargement of school buildings\nor other buildings or sites, and construction of new buildings shall be\nsubject to voter approval, to the same extent as in a union free school\ndistrict.\n  2. Whenever in the judgment of such board of education it is necessary\nto select a new site, or to enlarge a present site, or to designate a\nplayground or recreation center, or to acquire title to or lease real\nproperty for other educational purposes authorized by this chapter, such\nboard may take options on property desirable for such purposes but\nbefore taking title thereto shall pass a resolution stating the\nnecessity therefor, describing by metes and bounds or by lot number the\ngrounds or territory desired for each of such purposes, and estimating\nthe amount of funds necessary therefor.\n  3. Whenever in the judgment of such board of education the needs of\nthe district require a new building for school purposes or for\nrecreation or other educational purposes authorized by this chapter, or\nwhen in its judgment a building should be reconstructed or enlarged,\nsuch board shall pass a resolution specifying in detail the necessity\ntherefor and estimating the amount of funds necessary for such purpose.\n  4. No site shall be designated except upon a majority vote of a board\nof education and no building shall be constructed, reconstructed,\nrepaired or enlarged until the plans and specifications therefor are\napproved by the board of education and, in city school districts of\ncities having a population of less than seventy thousand, according to\nthe latest federal census, by the commissioner of education pursuant to\nsection four hundred eight of this chapter.\n  5. When the real property of the school district is no longer needed\nfor educational purposes, such board may sell or dispose of such\nproperty, subject to voter approval, and the proceeds thereof shall be\ncredited to the funds under the control and administration of the board\nof education.\n  6. The board of education of any city school district of a city which\nhas a planning commission, by whatever name known, shall, before\ndesignating a site or sites, submit the proposed designation to such\ncity planning commission. Such commission shall make its recommendation\nto such board within sixty days from the date of such submission. The\nboard of education may not designate a site or sites contrary to such\nrecommendation, except after a public hearing and by a vote of\ntwo-thirds of its voting strength. The notice for such hearing shall be\npublished at least once in each week for the four weeks preceding such\nhearing, in a newspaper, or two newspapers if there be two, having a\ngeneral circulation, in such city school district. If such commission\nfails to make any recommendation prior to the expiration of such sixty\ndays, the board of education may proceed to designate such site or\nsites. This subdivision shall not apply to the designation of a site or\nsites by such board of education where such site is located inside the\ncity school district, but outside the boundaries of the city.\n  7. a. To enter into a lease, sublease or other agreement with the\ndormitory authority providing for the financing or refinancing of all or\na portion of school district capital facilities or school district\ncapital equipment in accordance with section sixteen hundred eighty of\nthe public authorities law and with the approval of the commissioner.\nSuch lease, sublease, or other agreement may provide for the payment of\nannual or other payments to the dormitory authority, and contain such\nother terms and conditions as may be agreed upon by the parties thereto,\nincluding the establishment of reserve funds and indemnities. For\npurposes of this subdivision, school district capital equipment shall\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\nof the public authorities law.\n  b. Notwithstanding any provisions of law to the contrary, the\ndormitory authority and the board of education are hereby authorized and\nempowered to perform any and all acts and to enter into any and all\nagreements necessary or desirable to effectuate the purposes of this\nsubdivision.\n
N.Y. RPT Law § 466-D — New York Code / Act RPT / Article 4 / Title 2 / Section 466-D
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

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

* § 466-c. Volunteer firefighters and volunteer ambulance workers;\ncertain counties. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than nine hundred fifty\nthousand but less than nine hundred sixty thousand as determined in\naccordance with the latest decennial census, shall be exempt from\ntaxation to the extent of ten percent of the assessed value of such\nproperty for city, village, town, part town, special district, or county\npurposes, exclusive of special assessments, provided that the governing\nbody of a city, village, town, or county, after a public hearing, adopts\na local law, ordinance or resolution providing therefor; provided\nfurther, however, that such exemption shall in no event exceed three\nthousand dollars multiplied by the latest state equalization rate for\nthe assessing unit in which such real property is located.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town, or village which is\nserved by such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage, town or county, after a public hearing, adopts a local law,\nordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 7 § 466-c's\n  * NB Repealed December 9, 2028\n
N.Y. VAT Law § 202-B — New York Code / Act VAT / Title 2 / Article 2 / Section 202-B
Penalties for submission of dishonored checks and credit card payments
Status: in_force

§ 202-b. Penalties for submission of dishonored checks and credit card\npayments. (a) A thirty-five dollar penalty fee shall be charged to any\nperson who has submitted a check to the commissioner or his or her agent\nas payment for any license, permit or registration or any other type of\nfee for any type of transaction as required by this chapter and such\ncheck has been dishonored. Such thirty-five dollar penalty shall be\nadded to the amount due to the commissioner. In addition, any or all\nlicenses, permits or registrations issued in the name of such person may\nbe suspended and, if a suspension has been issued, any other transaction\nin the name of such person with this department may be prohibited until\nfull satisfaction of the amount due to the commissioner and the\nthirty-five dollar penalty fee is paid to the commissioner. No such\nsuspension shall be issued until thirty days after notification that the\ncheck has been dishonored is mailed to such person. If satisfaction is\nmade within thirty days from the date of mailing of such notification,\nno suspension shall be issued. (b) In any case where a person has made a\ncredit card payment to the commissioner or his or her agent as payment\nfor any license, permit or registration or any other type of fee for any\ntype of transaction as required by this chapter, and such credit card\npayment is contested and is not honored by the credit card company, any\nother transaction in the name of such person with the department may be\nprohibited, upon at least thirty days notice, until full satisfaction of\nthe amount due to the commissioner has been paid.\n
N.Y. PBA Law § 833 — New York Code / Act PBA / Article 4 / Title 2 / Section 833
Exemption from taxation
Status: in_force

§ 833. Exemption from taxation. The real and personal property of the\nauthority shall be exempt from all taxation, and so shall all of its\nactivities and operations, except that the owners of its bonds and other\nobligations shall be subject to transfer and estate taxes.\n
N.Y. PBH Law § 3429 — New York Code / Act PBH / Article 34 / Title 2 / Section 3429
Continuing education for funeral directors
Status: in_force

§ 3429. Continuing education for funeral directors. 1. Definitions. As\nused in this section:\n  (a) "Biennium" means any two-year period for registration of\nindividuals licensed to practice funeral directing or embalming in this\nstate pursuant to section three thousand four hundred twenty-eight of\nthis title;\n  (b) "Continuing education" means a course of instruction in a field of\nfuneral directing, within the subjects listed in subdivision five of\nthis section, taught by a provider registered with the department under\nsubdivision four of this section;\n  (c) "Contact hour" means a period of between fifty and sixty minutes,\ncontinuously measured;\n  (d) "Provider" means a national, state or local trade association of\nfuneral directors, a school for funeral directors approved under section\nthree thousand four hundred twenty-five of this title or, with prior or\nprovisional approval of course content by the department under\nsubdivision four of this section, any other person or organization\ndesiring to offer continuing education;\n  (e) "Trade association" means an organization, whether incorporated or\nnot, whose primary class of members consists of ten or more firms under\nseparate ownerships or twenty individuals in different employment, all\nregistered under section three thousand four hundred twenty-eight of\nthis title in an aspect of funeral service, which has been organized and\nmaintained for at least two years prior to offering continuing education\nunder this section for the collective benefit of its members.\n  2. Requirement. (a) Every person who renews a certificate of\nregistration under section three thousand four hundred twenty-eight of\nthis title shall file with the department, along with his or her\nbiennial application for renewal, a certification attesting to the\ncourse or programs of instruction taken and successfully completed by\nsuch person and which clearly demonstrates that the person has completed\nthe minimum number of hours of continuing education within the current\nbiennium as set forth in subdivision three of this section.\n  (b) The department shall provide a certification form which shall\nrequire the following information:\n  (i) Applicant's full name and registration number;\n  (ii) Applicant's statement that he or she attended a specified number\nof hours of continuing education within the current biennium, consisting\nof courses identified by sponsor, date, location, and length of time in\nhours; and\n  (iii) Applicant's signature and date.\n  (c) This subdivision shall not apply to a funeral director, undertaker\nor embalmer who is an inactive registrant pursuant to subdivision nine\nof section three thousand four hundred twenty-eight of this title.\n  3. Minimum hours. The minimum hours of continuing education which an\nindividual renewing registration must complete are:\n  (a) to renew for the first biennium commencing on June thirtieth, two\nthousand two, six hours within the current biennium concluding on such\ndate.\n  (b) to renew for all subsequent biennia, twelve hours within each\nbiennium, including at least two hours relating to applicable New York\nstate laws and regulations affecting funeral directing, embalming and\npreneed services, which may be provided by the department or a provider\nregistered pursuant to the provisions of subdivision four of this\nsection.\n  4. Provider registration; course content approval. (a) Any person who\nis a provider and who desires to offer continuing education shall first\nregister with the department and pay a registration fee of one hundred\nfifty dollars for the first biennium. A provider once registered may\nrenew the registration for subsequent biennia for a fee of seventy-five\ndollars per biennium. The provider shall submit with its registration\nfee an affidavit which includes the following information and\nstatements:\n  (i) Provider's name, address, telephone number, and, when known, names\nof individual instructors;\n  (ii) Provider's agreement to accept periodic monitoring of its courses\nby the department;\n  (iii) Provider's certification that the contents of each course are\nwithin the scope of subdivision five of this section;\n  (iv) Provider's commitment to verify attendance at each course and to\nmaintain attendance records for department inspection for five years;\n  (v) Provider's commitment to establish a mechanism whereby licensees\nmay evaluate the quality and content of each course taken as well as the\nprovider's overall program when requested to do so by the department,\nand to maintain records of such evaluations for department inspection\nfor five years;\n  (vi) Provider's agreement to submit to the department such evidence as\nis necessary to establish compliance with this section;\n  (vii) Provider's acknowledgment that disapproval by the department of\na particular course or revocation of the provider's registration may\nresult in nonrecognition of hours of continuing education from that\nprovider; and\n  (viii) Provider's signature and date and verification by a notary\npublic.\n  (b) A registered provider which is required to obtain prior approval\nof courses shall submit to the department a written description of each\ncourse for which approval is requested, at least sixty days prior to the\nfirst date the course is to be offered. If the department does not\ndisapprove the proposed course within ninety days of its receipt of the\nwritten description and request for approval, the course shall be\nconsidered approved provisionally for six months. Following the six\nmonths of provisional approval, the department may make a final\ndetermination disapproving the course. Notwithstanding such\ndetermination, however, any individuals licensed pursuant to section\nthree thousand four hundred twenty-eight of this title shall receive\nfull continuing education credit for any course taken during the period\nof provisional approval to fulfill the requirements of this section.\n  (c) Any provider registered to offer continuing education under this\nsection shall require each person taking instruction to display or\nprovide, prior to admission or before the initiation of any such\ninstruction, personal photo identification in the form of an automobile\ndriver's license, passport or any other similar form of photo\nidentification issued by a governmental entity, or a trade association\nas defined in this section. The provider may allow the use of a\nphotocopy of such identification for computer-based or distance learning\ninstruction.\n  (d) The department may impose a fine of no less than the biennial\nregistration fee upon a provider who violates the provisions of this\nsection. For a second violation, the department may impose an additional\nfine of up to five hundred dollars and suspend the registration for the\nbalance of the biennium. Nothing herein shall prevent the attorney\ngeneral from bringing a civil action against any provider offering\ncontinuing education courses without the prior or provisional approval\nof the department.\n  (e) Registered provider status may be revoked by the department if the\nreporting requirements contained in this section are not met or, if upon\nreview of the provider's performance, the department determines that the\ncontent of the course materials, the quality of the continuing education\nactivities or the provider's performance does not meet the requirements\nset forth herein. In such event, the department shall send the provider\nby ordinary mail a notice of revocation. The revocation shall take\neffect no less than sixty days from the date such mailed revocation is\npostmarked. The provider may request a review of such revocation, and\nthe department shall determine the request within thirty days. The\ndecision of the department shall be final after such review.\n  (f) Section twelve of this chapter shall not apply to this section;\nprovided, however, that any action by the department in suspending or\nrevoking a provider registration in accordance with this subdivision\nshall be reviewable by the supreme court of the state of New York\npursuant to the provisions of article seventy-eight of the civil\npractice law and rules.\n  5. Subjects of continuing education. The subjects of continuing\neducation may be one or more of the following: aftercare, business\nadministration, religion, natural sciences, management services, data\nprocessing, organ procurement, preneed services, jurisprudence (federal,\nstate, and local), restorative arts and embalming, funeral service\ncounseling, funeral customs, sanitation and infection control, and\nhospice and similar outreach programs.\n  6. Credit for preparation. A licensed funeral director may earn up to\ntwo hours of continuing education credit for preparing an hour of\ncontinuing education that he or she then teaches, and may earn the hour\nsolely for teaching that material the first time. No one may earn more\nthan six hours per biennium for preparation and teaching.\n  7. Classroom time; minimum percentage. A funeral director shall take\nat least fifty percent of his continuing education requirement each\nbiennium in the form of receiving live classroom instruction. The\nremainder may be in other forms such as videotape, audiotape,\nteleconference, satellite seminars, internet coursework, credits for\npreparation, or correspondence coursework.\n  8. Licensees in other states. A funeral director licensed as such by\nthe state of New York who is maintaining his or her registration in this\nstate while residing in another state is subject to the requirements of\nthis section. The department may grant a non-resident licensee credit\nfor continuing education as required by the state in which such licensee\nresides, provided the department deems them equivalent to New York\ncontinuing education requirements as set forth herein.\n  9. Late filing; fines; grace period. (a) The department shall impose a\nfine equal to the biennial registration fee upon a registrant who fails\nto file the certification of continuing education within the time\nprescribed under subdivision two of this section, for the first such\nlate filing. The department shall also allow such a registrant a grace\nperiod of one hundred twenty days into the biennium to comply with this\nsection and to file the certification. After one hundred twenty days,\nthe department shall suspend the registration for the balance of the\nbiennium.\n  (b) A registrant who violates the filing requirements and deadlines of\nthis section a second time shall, upon that and any subsequent\nviolations, be subject to an additional fine of no more than five\nhundred dollars and suspension as the department may impose.\n  (c) A person who holds an inactive certificate of registration who\nwishes to reinstate an active registration shall complete twelve hours\nof continuing education prior to obtaining such active registration.\n  (d) A person whose registration has been suspended by the department\nfor violating the filing requirements contained in this subdivision and\nwho wishes to gain reinstatement of such registration shall complete\ntwelve hours of continuing education and pay a reinstatement fee of two\nhundred fifty dollars to the department prior to obtaining reinstatement\nof such registration.\n  (e) With respect to paragraphs (a) and (b) of this subdivision, the\ndepartment shall send the registrant by ordinary mail a notice of\nsuspension. The suspension shall take effect no less than sixty days\nfrom the date such mailed suspension is postmarked.\n  10. Funeral directors shall be exempt from the mandatory continuing\neducation requirements prescribed herein for the biennium during which\nthey are first licensed.\n  11. Enforcement. (a) The department may not renew the registration of\na licensed funeral director who has not complied with this section.\n  (b) The department may audit at random the certifications of licensees\nand the affidavits of providers, and may suspend or revoke the\nregistration and/or license of a person who has knowingly made a false\nstatement under oath.\n
N.Y. RPT Law § 425-A — New York Code / Act RPT / Article 4 / Title 2 / Section 425-A
Abatement of county taxes in special assessing units
Status: in_force

§ 425-a. Abatement of county taxes in special assessing units. 1.\nLocal option. The local legislative body of a county that is a special\nassessing unit may provide by local law for the partial abatement of\ncounty taxes pursuant to this section. Such abatement shall apply to\nassessment rolls beginning with the roll finally completed in the year\ntwo thousand two, and continuing through and including the roll finally\ncompleted in the year two thousand twenty-eight unless such local law is\nsooner repealed.\n  2. Eligible property. The property of a senior citizen that qualifies\nfor and receives the enhanced exemption pursuant to subdivision four of\nsection four hundred twenty-five of this title shall be qualified to\nreceive the abatement provided by this section.\n  3. Procedure. A separate application shall not be required for the\nabatement. The assessor of such special assessing unit shall compute and\napply the abatement when extending the tax on eligible property.\nEligibility for such abatement shall be determined annually; a property\nthat becomes eligible for a year subsequent to the initial year in which\nsuch abatement is authorized by local law shall receive the abatement\nfor such subsequent year and for each year thereafter while it remains\neligible and until the authorization for the abatement expires. If the\nenhanced exemption granted pursuant to subdivision four of section four\nhundred twenty-five of this title is later discontinued or revoked, the\nabatement given pursuant to this section shall likewise be discontinued\nor revoked. If eligibility for the abatement or the amount of the\nabatement changes after the extension of taxes, the assessor shall\nnotify the official responsible for the collection or refund of taxes,\nwho shall calculate and impose or refund the difference in taxes\naccordingly.\n  4. Computation of abatement by local legislative body. (a) The\nabatement given pursuant to this section shall eliminate all or part of\nthe tax that results from any increase in the general county tax rate\napplicable to the assessment roll finally completed in calendar year two\nthousand two as compared to the tax rate applicable to the assessment\nroll finally completed in calendar year two thousand one. It shall not\nlimit increases in tax that result from changes in the full value or\ntaxable value of property or from subsequent tax rate increases or\nincreases in taxes other than the general county tax.\n  (b) The general county tax extended on an eligible parcel shall be\nabated by the abatement amount, which shall be calculated by multiplying\nthe taxable assessed valuation, after application of all exemptions for\nwhich such parcel is eligible for general county tax purposes, by the\nabatement tax rate determined pursuant to this subdivision, provided\nthat the abatement shall not exceed the general county tax otherwise\nchargeable to such eligible parcel.\n  (c) The local legislative body shall determine separate abatement tax\nrates for each class of property, each roll year and each portion of the\ncounty for which a general county tax rate is determined. The abatement\nrate shall be the base abatement tax rate calculated pursuant to this\nsubdivision multiplied by the abatement ratio.\n  (d) The abatement ratio shall be set forth in the local law, as it may\nbe amended from time to time, which adopts the abatement authorized by\nthis section. Such ratio shall be one-half if no other ratio is\nspecified in the local law. In no event shall the abatement ratio be\ngreater than one.\n  (e) For the general county tax levied on the assessment roll finally\ncompleted in calendar year two thousand two, the base abatement tax rate\nfor a class shall be the general county tax rate for such class\napplicable to such assessment roll, less the tax rate for such class for\nthe roll finally completed in calendar year two thousand one.\n  (f) In each subsequent year the base abatement tax rate shall be\nadjusted to account for changes in the level of assessment by\nmultiplying the base abatement tax rate calculated pursuant to paragraph\n(e) of this subdivision by the ratio between the class equalization rate\nfor such class for the roll completed in calendar year two thousand two\nand the class equalization rate for such class for the assessment roll\nfor such subsequent year.\n  (g) If the equalized tax rate for a class in any year is less than the\nequalized tax rate for the roll finally completed in calendar year two\nthousand two but more than the rate for the roll completed in calendar\nyear two thousand one, the base abatement tax rate shall be recalculated\nby dividing the difference between such equalized tax rates by the class\nequalization ratio for the roll year of the taxes to be abated.\n  (h) If the equalized tax rate for a class and roll year after calendar\nyear two thousand two is less than the equalized tax rate for the roll\ncompleted in calendar year two thousand one, no abatement shall be\ngranted for property in such class for such roll year.\n  (i) For purposes of this section, "class" shall have the meaning\nprovided by section eighteen hundred two of this chapter and "class\nequalization rate" shall have the meaning provided by section twelve\nhundred two of this chapter. The term "equalized tax rate" shall mean\nthe general county tax rate for a class and roll year multiplied by the\nclass equalization rate for such class and year.\n  5. Cooperative apartment corporations, trailers and mobile homes. The\nabatement authorized by this section shall apply to taxes on real\nproperty owned by a cooperative corporation and to trailers and mobile\nhomes to the extent such taxes are attributable to the property of\neligible shareholders or owners and shall be credited against the taxes\nor rent otherwise payable by or chargeable to such eligible individuals\nin the same manner as is provided for the exemption given by section\nfour hundred twenty-five of this title.\n  6. Retroactive implementation. A local law adopted pursuant to this\nsection may provide that benefits shall be given retroactively in\nrespect to all or specified assessment rolls finally completed in or\nafter the year two thousand two. Such local law may provide that the\nassessor of such special assessing unit shall apply the retroactive\nabatement as a credit against current taxes for one or more years or may\nauthorize the chief financial officer of the county to refund the excess\ntaxes collected without interest in one or more installments over a\nperiod of one or more years.\n
N.Y. PBA Law § 532 — New York Code / Act PBA / Article 3 / Title 2 / Section 532
Bonds of the authority
Status: in_force

§ 532. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue its negotiable bonds in\nconformity with applicable provisions of the uniform commercial code for\nany corporate purpose in the aggregate principal amount not to exceed\none hundred fifty-three million two hundred fifty-five thousand dollars.\n  2. In addition to the bonds authorized in subdivision one of this\nsection, the authority shall have power from time to time and whenever\nit deems refunding expedient, to issue bonds in such principal amount as\nthe authority may determine for the purpose of refunding bonds then\noutstanding and to issue such additional bonds as may be necessary to\npay the costs incurred in connection with said refunding, whether the\nbonds to be refunded have or have not matured. The refunding bonds may\nbe exchanged for the bonds to be refunded with such cash adjustments as\nmay be agreed, or may be sold and the proceeds applied to the purchase,\nredemption or payment of the bonds to be refunded, provided, however,\nthat upon any such refunding or repayment the aggregate principal amount\nof outstanding bonds may be greater than one hundred fifty-three million\ntwo hundred fifty-five thousand dollars only if the present value of the\naggregate debt service of the refunding or repayment bonds to be issued\nshall not exceed the present value of the aggregate debt service of the\nbonds so to be refunded or repaid. For purposes hereof, the present\nvalues of the aggregate debt service of the refunding or repayment bonds\nand of the aggregate debt service of the bonds so refunded or repaid,\nshall be calculated by utilizing the effective interest rate of the\nrefunding or repayment bonds, which shall be that rate arrived at by\ndoubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds from the payment dates thereof to the date of issue of\nthe refunding or repayment bonds and to the price bid including\nestimated accrued interest or proceeds received by the authority\nincluding estimated accrued interest from the sale thereof.\n  3. Bonds shall be authorized by resolution of the board and shall bear\nsuch date or dates, mature at such time or times, not exceeding fifty\nyears from their respective dates, bear interest at such rate or rates,\npayable semi-annually, be in such denominations, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment, at such place or\nplaces, and be subject to such terms of redemption (not inconsistent\nwith subdivision four of this section) as such resolution or resolutions\nmay provide. Any bonds of the authority may be sold at public or private\nsale for such price or prices as the authority shall determine.\n  4. Every issue of bonds shall be subject to redemption prior to\nmaturity at the election of the authority on notice by publication in a\nnewspaper published in the city of New York of not more than ninety\ndays, and if the state shall furnish the authority with sufficient money\ntherefor, the authority shall redeem the bonds in accordance with the\nterms of redemption then applicable.\n  5. Except as otherwise may be expressly provided by the authority\nevery issue of bonds and notes shall be general obligations payable out\nof any moneys or revenues of the authority, subject only to any\nagreement with the holders of particular bonds or notes pledging any\nparticular tolls or revenues.\n  6. Any resolution or resolutions authorizing any bonds or notes may\ncontain provisions, which shall be a part of the contract with the\nholders of the bonds or notes, as to\n  (a) Pledging the tolls and revenues of the bridges or any of them to\nsecure the payment of the bonds or notes;\n  (b) The rates of the tolls to be charged, and the amount to be raised\nin each year by tolls, and the use and disposition of the tolls and\nother revenues;\n  (c) The setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) Limitations on the right of the authority to restrict and regulate\nthe use of the bridges;\n  (e) Limitations on the purposes to which the proceeds of sale of any\nissue of bonds or notes then or thereafter to be issued may be applied\nand pledging such proceeds to secure the payment of the bonds or notes\nor of any issue thereof;\n  (f) Limitations on the issuance of additional bonds or notes or on\nother debt;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders or noteholders may be amended or abrogated, the amount of\nbonds or notes the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) Limitations on the amount of moneys derived from any of the\nbridges to be expended for operating, administrative or other expenses\nof the authority;\n  (i) Vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section five hundred thirty-seven hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section or limiting the rights, duties and powers of such\ntrustee;\n  (j) Any other matters, of like or different character, which in any\nway affect the security or protection of the bonds or notes.\n  7. Neither the members of the board nor any person executing such\nbonds or notes shall be liable personally on said bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  8. The authority shall have power out of any funds available therefor\nto purchase any bonds or notes issued by it. The authority may hold,\ncancel, or resell such bonds or notes subject to and in accordance with\nagreements with bondholders or noteholders.\n  9. It is the intention hereof that any pledge of tolls or other\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the tolls or other\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n
N.Y. PBH Law § 2420 — New York Code / Act PBH / Article 24 / Title 2 / Section 2420
Cancer institute; continued
Status: in_force

§ 2420. Cancer institute; continued. The state institute for the study\nof malignant diseases, known as the Roswell Park Cancer Institute, is\nhereby continued under the management and control of the department.\n
N.Y. PBA Law § 3418 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3418
Transfer of applications, proceedings, licenses, approvals and permits
Status: in_force

§ 3418. Transfer of applications, proceedings, licenses, approvals and\npermits. 1.  Any application, review, permit, license, approval, or\nprocess in relation to or in furtherance of the purposes of or\ncontemplated by this title heretofore filed or undertaken, or any\nproceeding heretofore commenced or any determination, finding or award\nmade, by the county or by the county with the federal government, the\nstate department of health or any other public corporation shall inure\nto and for the benefit of the corporation to the same extent and in the\nsame manner as if the corporation has been a party to such application,\nreview, permit, license, approval, process, or proceeding from its\ninception, and the corporation shall be deemed a party thereto, to the\nextent not prohibited by federal law. Any license, approval, permit,\ndetermination, finding, award or decision heretofore or hereafter issued\nor granted pursuant to or as a result of any such application, review,\nprocess or proceeding shall inure to the benefit of and be binding upon\nthe corporation and shall be assigned and transferred by the county to\nthe corporation unless such assignment and transfer is prohibited by\nfederal law.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using or\noccupying any facility transferred by the county to the corporation\npursuant to this title.\n
N.Y. PBH Law § 230-B — New York Code / Act PBH / Article 2 / Title 2-A / Section 230-B
Disciplinary proceedings for physician's assistants and specialist's assistants
Status: in_force

§ 230-b. Disciplinary proceedings for physician's assistants and\nspecialist's assistants.  Disciplinary proceedings involving physician's\nassistants and specialist's assistants shall be conducted in accordance\nwith the provisions of section two hundred thirty of this title.\n