N.Y. RPT Law § 480-A — New York Code / Act RPT / Article 4 / Title 2 / Section 480-A
Taxation of forest land
Status: in_force

§ 480-a. Taxation of forest land. 1. As used in this section:\n  (a) "Approved management plan" shall mean:\n  (i) a plan approved by the department for the management of an\neligible tract which shall contain requirements and standards to ensure\nthe continuing production of a merchantable forest crop selected by the\nowner. Every approved management plan shall set forth requirements and\nstandards relating to stocking, cutting, forest management access, and\nany specified use of the eligible tract other than for the production of\na merchantable forest crop which is desired by the owner and compatible\nwith or supportive of the continuing production of a merchantable forest\ncrop. Such plan shall include provisions accommodating endangered and\nthreatened animals and plants. Such plan must be prepared by or under\nthe direct supervision of a forester who may be the owner or an agent of\nthe owner, including an industrial forester or a cooperating consultant\nforester; or\n  (ii) participation in a forest certification program (such as Forest\nStewardship Council certification, Sustainable Forestry Initiative;\nAmerican Tree Farm Program, etc.) recognized in the regulations of the\ndepartment.\n  (b) "Commitment" shall mean a declaration to the department made on an\nannual basis by the owner of a certified eligible tract committing such\ntract to continued forest crop production for the next succeeding ten\nyears under an approved management plan.\n  (c) "Cooperating consultant forester" shall mean a qualified forester\nwho, or a qualified forestry consultant firm which, has entered into an\nagreement with the department under the New York state cooperating\nconsultant foresters program pursuant to section 9-0713 of the\nenvironmental conservation law.\n  (d) "Department" shall mean the department of environmental\nconservation.\n  (e) "Eligible tract" shall mean a tract of privately owned forest land\nof at least fifty contiguous acres, exclusive of any portion thereof not\ndevoted to the production of forest crops. Lands divided by federal,\nstate, county or town roads, easements or rights-of-way, or energy\ntransmission corridors or similar facilities will be considered\ncontiguous for purposes of this section, unless vehicular access for\nforest management purposes is precluded. Lands from which a merchantable\nforest crop has been cut or removed within three years prior to the time\nof application for certification under this section will be ineligible\nunless such cutting or removal was accomplished under a forest\nmanagement program designed to provide for the continuing production of\nmerchantable forest crops.\n  (f) "Forest land" shall mean land exclusively devoted to and suitable\nfor forest crop production through natural regeneration or through\nforestation and shall be stocked with a stand of forest trees sufficient\nto produce a merchantable forest crop within thirty years of the time of\noriginal certification.\n  (g) "Merchantable forest crop" shall mean timber or pulpwood,\nincluding veneer bolts, sawlogs, poles, posts and fuelwood, that is\nproduced on forest land, has a value in the market and may be sold.\n  (h) "Stumpage value" shall mean the current market worth of a\nmerchantable forest crop as it stands at the time of sale, cutting,\nrequired cutting or removal.\n  2. (a) An owner of an eligible tract may make application to the\ndepartment for certification under this section on forms prescribed by\nthe department. If the department finds that such tract is an eligible\ntract it shall forward a certificate of approval to the owner thereof,\ntogether with the approved management plan, and a copy of a commitment\ncertified by the department for the eligible tract.\n  (b) The department shall, after public hearings, adopt and promulgate\nrules and regulations necessary for the implementation of the\ndepartment's responsibilities pursuant to this section. Such regulations\nrelating to approved management plans or amendments thereto may provide\nfor alternative or contingent requirements and standards based on the\nsize and nature of the tract and other criteria consistent with\nenvironmentally and economically sound silvicultural practices.\n  (c) Any tract certified pursuant hereto shall be subject to the\nprovisions of this section. The obligations of this section shall\ndevolve upon and the benefits inure to the owner, his heirs, successors\nand assigns.\n  3. (a) To qualify for a forest land exemption under this section the\nowner of a certified eligible tract shall:\n  (i) file the certificate of approval in the office of the clerk of the\ncounty or counties in which such tract is situated. Such certificate\nshall specify that the tract described therein is committed to continued\nforest crop production for an initial period of ten years. Upon receipt\nof such certificate, the county clerk shall record the same in the books\nkept for the recording of deeds and shall index the same in the deed\nindex against the name of the owner of the property. Until notice of\nrevocation of the certificate of approval has been recorded and indexed\nas provided in subdivision seven or eight of this section, a certificate\nthat has been recorded and indexed pursuant to this subdivision shall\ngive notice that the certified tract is subject to the provisions of\nthis section; and\n  (ii) prior to the taxable status date for the first assessment roll\nupon which such exemption is sought, file an initial application for\nexemption with the appropriate assessor on forms prescribed by the\ncommissioner. Such application must be accompanied by a certified\ncommitment issued by the department pursuant to subdivision two of this\nsection; and\n  (iii) prior to the taxable status date for each subsequent assessment\nroll upon which such exemption is sought, file with the appropriate\nassessor a certified commitment of such tract to continued forest crop\nproduction for the next succeeding ten years under the approved\nmanagement plan. Application for such commitment shall be made by the\nowner of such tract to the department, and the commitment shall be\ncertified by the department.\n  (b) If the assessor is satisfied that the requirements of this section\nare met, he or she shall approve the application and such eligible tract\nshall be exempt from taxation pursuant to subdivision four of this\nsection to be effective as of the first taxable status date occurring\nsubsequent to such approval, and shall continue to be so exempt\nthereafter upon receipt by the assessor of a certified commitment filed\nin accordance with subparagraph (iii) of paragraph (a) of this\nsubdivision and so long as the certification of the eligible tract shall\nnot be revoked by the department.\n  (c) Failure on the part of the owner to file the certified commitment\nin any year following initial certification will result in the\ntermination of the forest land exemption under this section, if any,\napplicable to the property for that and succeeding taxable years for\nwhich no such commitments are filed. Failure to file a commitment will\nnot constitute a conversion of the tract or breach of the approved\nmanagement plan, pursuant to subdivision seven hereof, and the\ncommitment of the property to forest crop production under the approved\nmanagement plan shall remain in force for the next succeeding nine years\nfollowing the last taxable year for which a certified commitment was\nfiled.\n  (d) Following failure to file a certified commitment in one or more\nyears, in order to obtain a forest land exemption under this section, an\nowner of a certified tract may submit a certified commitment to the\nassessor before the taxable status date in any subsequent year, except\nthat a new application under paragraph (a) of subdivision two of this\nsection and subparagraph (i) of paragraph (a) of this subdivision also\nshall be required if more than five years have elapsed since the owner's\nlast certified commitment was filed. Such new application also shall be\nrequired whenever, during the preceding year, the approved management\nplan has been amended with respect to the acreage or location of forest\nland committed to forest crop production under this section.\n  4. (a) Certified eligible tracts approved for exemption under this\nsection shall be exempt from taxation to the extent of eighty per centum\nof the assessed valuation thereof, or to the extent that the assessed\nvaluation exceeds the amount resulting from multiplying the latest state\nequalization rate or, where a special equalization rate has been\nestablished pursuant to section twelve hundred twenty-four of this\nchapter for the purposes of this section, the special equalization rate\nby forty dollars per acre, whichever is the lesser.\n  (b) The assessed value of the exemption, if any, granted pursuant to\nthis section shall be entered by the assessor on the assessment roll in\nsuch manner as shall be prescribed by the commissioner.\n  (c) Where a special equalization rate has been established by the\ncommissioner pursuant to section twelve hundred twenty-four of this\nchapter, the assessor is directed and authorized to recompute the forest\nland exemption on the assessment roll by applying such special\nequalization rate instead of the latest state equalization rate in\ncomputing the forest land exemption, and to make the appropriate\ncorrections on the assessment roll, subject to the provisions of title\ntwo of article twelve of this chapter. Upon completion of the final\nassessment roll or, where a special equalization rate has been\nestablished, upon recomputation of the forest land exemption, the\nassessor shall certify to the department each exemption granted pursuant\nto this section in a manner prescribed by the commissioner.\n  5. (a) Whenever any cutting of the merchantable forest crop on any\ncertified eligible tract is proposed during the period of commitment\npursuant to subdivision three of this section, the owner shall give not\nless than thirty days' notice to the department in a manner and upon\nsuch form as may be prescribed by the department. Such notice shall\ninclude information as to the stumpage value, amount and location of\nsuch cutting. The department shall, within fifteen days after receipt of\nsuch notice from the owner, certify the stumpage value, if any, to the\nowner and to the county treasurer of the county or counties in which the\ntract is situated. No later than thirty days after receipt of such\ncertification of value, the owner shall pay a six percentum tax on the\ncertified stumpage value of the merchantable forest crop to such county\ntreasurer.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, if the stumpage value of a merchantable forest crop will be\ndetermined with reference to a scale to be conducted after the\ncommencement of the proposed cutting, the owner may elect to be taxed in\naccordance with this paragraph. Such election shall be made not less\nthan thirty days in advance of commencement of the cutting, in such\nmanner and upon such form as may be prescribed by the department. Such\nnotice shall include information as to the estimated volume, scaling\nmethod, and the schedule and length of the cutting period, not to exceed\none year. If a proper election has been made in accordance with this\nparagraph, the department shall so notify the owner before any cutting\ntakes place on the eligible tract, and it shall certify the scaled\nstumpage value to the owner of the tract and to the county treasurer of\nthe county or counties when the cutting has concluded. No later than\nthirty days after the receipt of such certification of value, the owner\nshall pay a six per centum tax on the stumpage value of the merchantable\nforest crop to such county treasurer.\n  (c) In the event that a tax required by this subdivision or by\nsubdivision six of this section shall not be timely paid, it shall be\nlevied and collected, together with any penalty or penalties determined\npursuant to subdivision seven of this section, in the same manner and at\nthe same time as other taxes imposed and levied on the next completed\ntax roll of such county or counties.\n  (d) Notwithstanding the foregoing provisions of this subdivision and\nthe provisions of subdivision six of this section, the owner of any land\ncertified under this section may make all intermediate noncommercial\ncuttings, as prescribed in the approved management plan, and may\nannually cut, in accordance with sound forestry practices, ten standard\ncords or the equivalent for such owner's own use, without notice and\nfree of tax imposed by this section.\n  6. (a) The department may serve notice upon the owner of a certified\ntract directing such owner to make a cutting as prescribed in the\napproved management plan for such tract. Should such cutting involve the\nsale or utilization of a merchantable forest crop, not less than thirty\ndays in advance of cutting the owner shall give notice to the department\nof the stumpage value, amount and location of the cutting on a form\nprescribed by the department. The department shall within fifteen days\nafter receipt of such notice from the owner, certify the stumpage value,\nif any, to the owner and to the county treasurer of the county or\ncounties in which such tract is situated. No later than thirty days\nafter receipt of such certification of value, the owner shall pay a six\nper centum tax on the certified stumpage value to such county treasurer.\n  (b) Any cutting of a merchantable forest crop under this subdivision\nmust be conducted within two years from the date of service of the\nnotice upon the owner issued by the department. Upon failure of the\nowner within such period to conduct such cutting, the department shall\ncertify to the owner and the county treasurer of the county or counties\nthe stumpage value of such merchantable forest crop. No later than\nthirty days after receipt of such certification of value, the owner\nshall pay a six per centum tax on the certified stumpage value to such\ncounty treasurer.\n  (c) Any noncommercial cutting under this subdivision must be conducted\nwithin one year from the date of service of the notice upon the owner\nissued by the department.\n  (d) If such owner, within the period prescribed by this subdivision,\nmakes such cuttings as directed by the department, the tract shall\ncontinue to be certified as long as the owner shall continue to comply\nwith the provisions of this section and manage the same in the manner\nprescribed in the approved management plan for such tract.\n  7. (a) The department shall, after notice and hearing, issue a notice\nof violation of this section for any certified tract whenever it finds\nthat:\n  (i) any tract or portion thereof is converted to a use which precludes\nmanagement of the land for forest crop production; or\n  (ii) the owner fails to give notice of a proposed cutting on such\ntract or fails to timely pay the appropriate tax on the stumpage value\nof the merchantable forest crop determined pursuant to subdivision five\nor six of this section; or\n  (iii) the owner fails to comply with the approved management plan for\nsuch tract at any time during the commitment period; or\n  (iv) the owner fails to make a timely cutting in accordance with the\nprovisions of subdivision six of this section after service of notice by\nthe department to make such a cutting.\n  (b) Notwithstanding the finding of an occurrence described by\nsubparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision,\nthe department, upon prior notice to the appropriate assessor, may\ndetermine that a violation has not occurred if the failure to comply was\ndue to reasons beyond the control of the owner and such failure can be\ncorrected forthwith without significant effect on the overall purpose of\nthe management plan.\n  (c) The owner of such tract, following the issuance of such notice by\nthe department for one or more of the reasons set forth in paragraph (a)\nof this subdivision, shall be subject to a penalty as provided in\nparagraph (d) or (e) of this subdivision, whichever applies. Penalties\nimposed by this section shall be subject to interest charges at the rate\nestablished pursuant to section nine hundred twenty-four-a of this\nchapter for each applicable year or, for years prior to nineteen hundred\neighty-four, at a rate of six per centum per annum compounded. Such\ninterest shall accrue in the year with reference to which a penalty, or\nportion thereof, is attributed.\n  (d) Except as otherwise provided in paragraph (e) of this subdivision,\nthe penalty imposed under paragraph (c) of this subdivision shall be\ncomputed by multiplying by two and one-half the amount of taxes that\nwould have been levied on the forest land exemption entered on the\nassessment roll pursuant to subdivision four of this section for the\ncurrent year and any prior years in which such an exemption was granted,\nutilizing the applicable tax rate for the current year and for such\nprior years, not to exceed a total of ten years.\n  (e) The penalty imposed under paragraph (c) of this subdivision\napplicable to converted land which constitutes only a portion of a\ncertified eligible tract shall be twice the amount determined under\nparagraph (d) of this subdivision. In calculating such penalty, only\nthat portion of the tract that was actually converted to a use that\nprecludes management of the land for forest crop production shall be\nused as the basis for determining the penalty.\n  (f) A notice of violation issued under this subdivision shall be given\nby the department to the owner and to the county treasurer of the county\nor counties in which such tract is located, and the penalty and interest\ncharges shall be computed for each of the municipal corporations in\nwhich such tract is located by such county treasurer. Upon completion of\nthe computation of the penalty and interest, the county treasurer shall\ngive notice to the owner of the amount of the penalty and interest, and\nthe amount shall be entered on the next completed tax roll of such\ncounty or counties. Such penalties and interest shall be levied and\ncollected in the same manner and at the same time as other taxes are\nimposed and levied on such roll. Upon collection of such penalties and\ninterest, such county treasurer shall pay the amounts due to each of the\nappropriate municipal corporations.\n  (g) Upon receipt of proof satisfactory to the department that all\npenalties, stumpage taxes and interest imposed by this section have been\nfully paid or satisfied, the department shall revoke the certificate of\napproval issued pursuant to subdivision two of this section, and notice\nof such revocation shall be given to the owner and to the county clerk\nof the county or counties in which the tract is located. Upon receipt of\nsuch notice of revocation, the county clerk shall record the same in the\nbooks kept for the recording of deeds and shall index the same in the\ndeed index against the name of the owner of the property. The county\nclerk shall also note on the face of the last certificate of approval or\ncertified commitment previously recorded pursuant to this section the\nword "REVOKED" followed by a reference to the liber and page where the\nnotice of revocation is recorded pursuant to this subdivision.\n  (h) The certificate of approval of a certified tract for which no\nnotice of violation has been issued shall be revoked without penalty\nupon receipt of proof satisfactory to the department that nine years\nhave passed from the year of the last certified commitment filed with\nthe assessor by the owner pursuant to subdivision three of this section.\nNotice of such revocation shall be recorded and indexed as provided in\nparagraph (g) of this subdivision.\n  (i) No fee, penalty or rollback of taxes otherwise due pursuant to\nthis section may be imposed upon the city of New York for failure to\ncomply with a certified management plan for an eligible tract that the\ncity acquires for watershed purposes.\n  8. (a) The owner of a certified tract shall not be subject to any\npenalty under this section that would otherwise apply because such tract\nor any portion thereof is converted to a use other than forest crop\nproduction by virtue of: (i) an involuntary taking by eminent domain or\nother involuntary proceeding, except a tax sale, or (ii) a voluntary\nproceeding, providing such proceeding involves the establishment of\nrights-of-way for public highway or energy transmission purposes wherein\nsuch corridors have been established subsequent to public hearing as\nneeded in the public interest and environmentally compatible, or (iii)\noil, gas or mineral exploration, development or extraction activity\nundertaken by an independent grantee pursuant to a lease or other\nconveyance of subsurface rights recorded more than ten years prior to\nthe date of the certificate of approval issued by the department under\nsubdivision two of this section, or (iv) where all or a substantial\nportion of the certified tract is destroyed or irreparably damaged by\nreason of an act of God or a natural disaster.\n  (b) In the event the land so converted to a use other than forest crop\nproduction constitutes only a portion of such tract, the assessor shall\napportion the assessment, and enter that portion so converted as a\nseparately assessed parcel on the appropriate portion of the assessment\nroll. The assessor shall then adjust the forest land exemption\nattributable to the portion of the tract not so converted by subtracting\nthe proportionate part of the exemption of the converted parcel.\n  (c) If the portion so converted divides the tract into two or more\nseparate parcels, such remaining parcels not so converted will remain\ncertified under this section, regardless of size, except that should any\nremaining parcel be no longer accessible for continued forest crop\nproduction, the department shall, after notice and hearing, revoke the\ncertification of the inaccessible parcel or parcels, and notice of such\nrevocation shall be recorded and indexed as provided in subdivision\nseven of this section. Such revocation shall not subject the owner of\nthe tract to penalty, but the exemption under this section shall no\nlonger apply to the tract or portion thereof no longer accessible.\n  (d) The owner of a certified tract shall not be subject to penalty\nunder this section that would otherwise apply because the forest crop on\nthe certified tract or portion is, through no fault of the owner,\ndamaged or destroyed by fire, infestation, disease, storm, flood, or\nother natural disaster, act of God, accident, trespass or war. If a\nmerchantable forest crop is to be cut or removed in connection with\nnecessary salvage operations resulting from any such event, the owner\nshall give notice of cutting, the department shall certify the stumpage\nvalue, and stumpage tax shall be payable, collected and enforced as\nprovided in subdivisions five and seven of this section. Nothing in this\nparagraph shall be construed to subject any person to penalty under\nsubdivision seven of this section for immediate action taken in good\nfaith in the event of an emergency.\n  9. All stumpage tax, penalties and interest charges thereon collected\npursuant to subdivisions five, six and seven of this section shall be\napportioned to the applicable municipal corporations in which such tract\nis situated.\n  10. (a) Management plans approved pursuant to this section shall not\nbe deemed to authorize or permit any practice or activity prohibited,\nrestricted or requiring further approval under the environmental\nconservation law, or any other general or special law of the state, or\nany lawful rule or regulation duly promulgated thereunder.\n  (b) No otherwise eligible tract, or portion thereof, shall be deemed\nto be ineligible for certification or qualification under this section,\nand no certificate of approval shall be revoked or penalty imposed,\nsolely on the ground that any such law, rule or regulation partially\nrestricts or requires further approval for forest crop production\npractices or activities on such tract or portion.\n
N.Y. GMU Law § 914 — New York Code / Act GMU / Article 18-A / Title 2 / Section 914
St
Status: in_force

* § 914. St. Lawrence county industrial development agency. 1. For the\nbenefit of the county of St. Lawrence and the inhabitants thereof, an\nindustrial development agency, to be known as the ST. LAWRENCE COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provide that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise shall be\nlimited to the corporate limits of the county of St. Lawrence, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the county of St.\nLawrence. The agency, its members, officers and employees and its\noperations and activities shall, except as provided specifically herein,\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n  2. In addition to the powers and duties now or hereafter conferred by\ntitle one of article eighteen-A of this chapter, the agency shall have\nthe power (i) to acquire, construct, own, maintain, and lease or sell to\na railroad or private business corporation any interest in railroads\noperated within St. Lawrence county, including easements or rights of\nway, necessary switching apparatus, track, and other equipment necessary\nor convenient to the operation of such railroad, which will be used in\nconjunction with industrial, manufacturing, commercial or warehousing\noperations and (ii) to finance such facilities through the issuance of\nits bonds and notes, when in the judgment of the agency, such facilities\nwill serve to promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing of industrial, manufacturing, warehousing, commercial, and\nresearch facilities including industrial pollution control facilities\nand thereby advance the job opportunities, health, general prosperity\nand economic welfare of the people of the state and improve their\nprosperity and standard of living.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 2141 — New York Code / Act EDN / Title 2 / Article 43 / Part 3 / Section 2141
Expenses of town clerks
Status: in_force

§ 2141.  Expenses of town clerks.  The necessary expenses and\ndisbursements of the town clerk in the performance of his said duties,\nare a town charge, and shall be audited and paid as such.\n
N.Y. SOS Law § 473-C — New York Code / Act SOS / Article 9-B / Title 2 / Section 473-C
An order to gain access to persons believed to be in need of protective services for adults
Status: in_force

§ 473-c. An order to gain access to persons believed to be in need of\nprotective services for adults. 1. A social services official may apply\nto the supreme court or county court for an order to gain access to a\nperson to assess whether such person is in need of protective services\nfor adults in accordance with the provisions of section four hundred\nseventy-three of this article when such official, having reasonable\ncause to believe that such person may be in need of protective services,\nis refused access by such person or another individual. A social\nservices official who is refused access shall assess, in consultation\nwith a person in a supervisory role, whether or not it is appropriate to\napply for an order to gain access to such person. Such assessment must\nbe made as soon as necessary under the circumstances, but no later than\ntwenty-four hours after the investigating official is refused access.\nThe determination of whether or not to apply for an order to gain access\nand the reasons therefor shall be documented in the investigation file.\nSuch application for an order to gain access shall state, insofar as the\nfacts can be ascertained with reasonable diligence:\n  (a) the name and address of the person who may be in need of\nprotective services for adults and the premises on which this person may\nbe found;\n  (b) the reason the social services official believes the person may be\nin need of protective services for adults, which may include information\nprovided by other agencies or individuals who are familiar with the\nperson who may be in need of protective services for adults;\n  (c) the person or persons who are responsible for preventing the\nsocial services official from gaining access to the person who may be in\nneed of protective services for adults;\n  (d) the efforts made by the social services official to gain access to\nthe person who may be in need of protective services for adults;\n  (e) the names of any individuals, such as physicians or nurses, or\nother health or mental health professionals qualified to participate in\nthe assessment, who shall accompany and assist the social services\nofficial conducting an assessment of the need of a person for protective\nservices for adults;\n  (f) the manner in which the proposed assessment is to be conducted;\n  (g) that the social services official seeks an order solely for the\npurpose of assessing the need of a person for protective services for\nadults in accordance with the provisions of section four hundred\nseventy-three of this article and applicable regulations of the\ndepartment;\n  (h) that no prior application has been made for the relief requested\nor for any similar relief, or if prior application has been made, the\ndetermination thereof, and the new facts, if any, that were not\npreviously shown which warrant a renewal of the application.\n  2. Any allegations which are not based upon personal knowledge shall\nbe supported by affidavits provided by a person or persons having such\nknowledge. Such affidavits shall be attached to the application.\n  3. The applications authorized in this section shall have preference\nover all other causes in all courts of appropriate jurisdiction, except\nthose with a similar statutory preference.\n  4. If the court is satisfied that there is reasonable cause to believe\nthat a person in need of protective services for adults may be found at\nthe premises described in the application, that such person may be in\nneed of protective services for adults, and that access to such person\nhas been refused, it shall grant the application and issue an order\nauthorizing the social services official and such other individuals as\nmay be designated by the said official, accompanied by a police officer,\nto enter the premises to conduct an assessment to determine whether the\nperson named in the application is in need of protective services for\nadults. The standard for proof and procedure for such an authorization\nshall be the same as for a search warrant under the criminal procedure\nlaw.\n  5. The provisions of this section shall not be construed to authorize\na social services official to remove any person from the premises\ndescribed in the application, or to provide any involuntary protective\nservices to any person other than to assess a person's need for\nprotective services for adults. Nothing in this section shall be\nconstrued to impair any existing right or remedy.\n
N.Y. EDN Law § 2019 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2019
Declaration in case of challenge of voter
Status: in_force

§ 2019. Declaration in case of challenge of voter. If a person\noffering to vote at any school district meeting or election shall be\nchallenged as unqualified, by any legal voter in such district, either\nat such meeting or election, or by the filing of a challenge pursuant to\nsection two thousand fifteen of this chapter, the chairman presiding at\nsuch meeting or election shall require the person so offering, to make\nthe following declaration: "I do declare and affirm that I am, and have\nbeen, for the thirty days last past, an actual resident of this school\ndistrict and that I am qualified to vote at this meeting." Every person\nmaking such declaration shall be permitted to vote on all questions\nproposed at such meeting or election; but if any person shall refuse to\nmake such declaration, his vote shall be rejected.\n
N.Y. PBA Law § 3415 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3415
Actions against corporation
Status: in_force

§ 3415. Actions against corporation. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the corporation, its members, officers or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe corporation or of any member, officer, agent or employee thereof,\nunless (a) notice of claim shall have been made and served upon the\ncorporation within the time limit set by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, (c) the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based, and (d) an action,\nagainst the corporation for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. Whenever a notice of claim is served upon the corporation, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The corporation may require any person presenting for settlement an\naccount or claim for any cause whatsoever against the corporation to be\nsworn before a director, counsel or an attorney, officer or employee of\nthe corporation designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The corporation shall have power to settle or\nadjust all claims in favor of or against the corporation.\n  4. Any action or proceeding to which the corporation or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the corporation or its counsel in any action\nor proceeding questioning the validity of this title in which the\ncorporation may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable, other than a judgment on its bonds,\nshall be the rate prescribed by section five thousand four of the civil\npractice law and rules. Interest on payments of principal or interest on\nany bonds in default shall accrue at the rate borne by such bonds from\nthe due date thereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the corporation of whatever\nnature shall be brought in the county.\n
N.Y. RPT Law § 485-J*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 485-J*2
Residential investment exemption; certain cities
Status: in_force

* § 485-j. Residential investment exemption; certain cities. 1.\nResidential real property constructed on or after the first day of July,\ntwo thousand six in cities with a population of not less than eighteen\nthousand and not more than eighteen thousand five hundred based upon the\ntwo thousand federal census may be exempt from city taxation and special\nad valorem levies as provided in this section.\n  2. (a) (i) Such real property shall be exempt for a period of one year\nto the extent of fifty per centum of the increase in assessed value\nthereof attributable to such construction and for an additional period\nof nine years provided, however, that the extent of such exemption shall\nbe decreased by five per centum each year during such additional period\nof nine years and such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be the increase in assessed\nvalue as determined in the initial year of such ten year period\nfollowing the filing of an original application, except as provided in\nsubparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives the\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the city\ntax exemption:\n      Year of exemption                      Percentage of exemption\n               1                                       50\n               2                                       45\n               3                                       40\n               4                                       35\n               5                                       30\n               6                                       25\n               7                                       20\n               8                                       15\n               9                                       10\n              10                                        5\n  (b) No such exemption shall be granted unless:\n  (i) such construction was commenced on or after the first day of\nApril, two thousand six or such later date as may be specified by local\nlaw;\n  (ii) the residential real property is situate in a city with a\npopulation of not less than eighteen thousand and not more than eighteen\nthousand five hundred based upon the two thousand federal census;\n  (iii) the cost of such construction exceeds the sum of seventy\nthousand dollars or such greater amount as may be specified by local\nlaw; and\n  (iv) such construction is completed as may be evidenced by a\ncertificate of occupancy or other appropriate documentation as provided\nby the owner.\n  (c) For purposes of this section the term construction shall not\ninclude ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a city with a population\nof not less than eighteen thousand and not more than eighteen thousand\nfive hundred based upon the two thousand federal census on or before the\nappropriate taxable status date of such city and within one year from\nthe date of completion of such construction.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies by a city with a population of\nnot less than eighteen thousand and not more than eighteen thousand five\nhundred based upon the two thousand federal census as provided in this\nsection commencing with the assessment roll prepared after the taxable\nstatus date referred to in subdivision three of this section. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  5. The provisions of this section shall apply to real property used as\nthe primary residence of the owner.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  7. A city with a population of not less than eighteen thousand and not\nmore than eighteen thousand five hundred based upon the two thousand\nfederal census may, by local law, reduce the per centum of exemption\notherwise allowed pursuant to this section; provided, however, that a\nproject in course of construction and exemptions existing prior in time\nto passage of any such local law shall not be subject to any such\nreduction so effected. Such city upon reduction of the per centum of\nexemption pursuant to this subdivision may thereafter, by local law,\nincrease the per centum of exemption up to any per centum not exceeding\nthe maximum allowed by subdivision two of this section, provided,\nhowever, that any such local law shall apply only to construction\ncommenced subsequent to the effective date of such local law. A copy of\nall such local laws shall be filed with the commissioner and the\nassessor of the city.\n  8. A city with a population of not less than eighteen thousand and not\nmore than eighteen thousand five hundred based upon the two thousand\nfederal census may, by local law, establish a date for the commencement\nof effectiveness of exemption offered pursuant to this section and may\nprovide that the provisions of this section shall apply only to\nconstruction having a greater value than that specified by subdivision\ntwo of this section, provided, however, that such amount shall not\nexceed three hundred fifty thousand dollars.\n  9. (a) A city with a population of not less than eighteen thousand and\nnot more than eighteen thousand five hundred based upon the two thousand\nfederal census may, by local law, establish a board to be known as the\nresidential incentive board. The membership and composition of such\nboard shall be set forth in the local law.\n  (b) The residential incentive board shall present a plan to the\nlegislative body of a city with a population of not less than eighteen\nthousand and not more than eighteen thousand five hundred based upon the\ntwo thousand federal census concerning the various types of residential\nreal property which should be granted eligibility for an exemption\npursuant to subdivision one of this section. In addition, such plan\nshall identify specific geographic areas within which such exemptions\nshould be offered. In developing the plan required by this paragraph,\nthe board shall consider the planning objectives of a city with a\npopulation of not less than eighteen thousand and not more than eighteen\nthousand five hundred based upon the two thousand federal census, the\nnecessity of the exemption to the attraction or retention of home owners\nand the economic benefit to the area of providing exemptions to home\nowners.\n  (c) In addition, the board may make recommendations to the legislative\nbody of a city with a population of not less than eighteen thousand and\nnot more than eighteen thousand five hundred based upon the two thousand\nfederal census with respect to actions it deems desirable to improve the\neconomic climate therein.\n  10. If a city with a population of not less than eighteen thousand and\nnot more than eighteen thousand five hundred based upon the two thousand\nfederal census establishes a residential incentive board, pursuant to\nsubdivision nine of this section, such city may, by local law, restrict\nreal property eligible to receive the exemption to real property\nconstructed for those purposes identified in the plan presented by the\nboard. Such local law shall restrict the availability of such exemption\nto the specific geographic areas identified in the plan presented by the\nboard.\n  11. Any city which adopts an exemption pursuant to this section shall\ncause information relating to the availability of such exemption,\nincluding requirements and application procedures, to be attached to all\nbuilding permit applications and copies of such information shall be\nposted in a conspicuous location in any office or offices where such\npermits and applications for permits are issued and processed.\n  * NB There are 5 § 485-j's\n
N.Y. VAT Law § 253 — New York Code / Act VAT / Title 2 / Article 3 / Section 253
Service of summons on non-residents
Status: in_force

§ 253. Service of summons on non-residents. 1. The use or operation by\na non-resident of a vehicle in this state, or the use or operation in\nthis state of a vehicle in the business of a non-resident, or the use or\noperation in this state of a vehicle owned by a non-resident if so used\nor operated with his permission, express or implied, shall be deemed\nequivalent to an appointment by such non-resident of the secretary of\nstate to be his true and lawful attorney upon whom may be served the\nsummons in any action against him, growing out of any accident or\ncollision in which such non-resident may be involved while using or\noperating such vehicle in this state or in which such vehicle may be\ninvolved while being used or operated in this state in the business of\nsuch non-resident or with the permission, express or implied, of such\nnon-resident owner; and such use or operation shall be deemed a\nsignification of his agreement that any such summons against him which\nis so served shall be of the same legal force and validity as if served\non him personally within the state and within the territorial\njurisdiction of the court from which the summons issues, and that such\nappointment of the secretary of state shall be irrevocable and binding\nupon his executor or administrator. Where such non-resident has died\nprior to the commencement of an action brought pursuant to this section,\nservice of process shall be made on the executor or administrator of\nsuch non-resident in the same manner and on the same notice as is\nprovided in the case of the non-resident himself. Where an action has\nbeen duly commenced under the provisions of this section against a\nnon-resident who dies thereafter, the court must allow the action to be\ncontinued against his executor or administrator upon motion with such\nnotice as the court deems proper.\n  2. A summons in an action described in this section may issue in any\ncourt in the state having jurisdiction of the subject matter and be\nserved as hereinafter provided. Service of such summons shall be made by\nmailing a copy thereof to the secretary of state at his office in the\ncity of Albany, or by personally delivering a copy thereof to one of his\nregularly established offices, with a fee of ten dollars, and such\nservice shall be sufficient service upon such non-resident provided that\nnotice of such service and a copy of the summons and complaint are\nforthwith sent by or on behalf of the plaintiff to the defendant by\ncertified mail or registered mail with return receipt requested. The\nplaintiff shall file with the clerk of the court in which the action is\npending, or with the judge or justice of such court in case there be no\nclerk, an affidavit of compliance herewith, a copy of the summons and\ncomplaint, and either a return receipt purporting to be signed by the\ndefendant or a person qualified to receive his certified mail or\nregistered mail, in accordance with the rules and customs of the\npost-office department; or, if acceptance was refused by the defendant\nor his agent, the original envelope bearing a notation by the postal\nauthorities that receipt was refused, and an affidavit by or on behalf\nof the plaintiff that notice of such mailing and refusal was forthwith\nsent to the defendant by ordinary mail; or, if the registered or\ncertified letter was returned to the post office unclaimed, the original\nenvelope bearing a notation by the postal authorities of such mailing\nand return, an affidavit by or on behalf of the plaintiff that the\nsummons was posted again by ordinary mail and proof of mailing\ncertificate of ordinary mail. Where the summons is mailed to a foreign\ncountry, other official proof of the delivery of the mail may be filed\nin case the post-office department is unable to obtain such a return\nreceipt. The foregoing papers shall be filed within thirty days after\nthe return receipt or other official proof of delivery or the original\nenvelope bearing a notation of refusal, as the case may be, is received\nby the plaintiff. Service of process shall be complete when such papers\nare filed. The return receipt or other official proof of delivery shall\nconstitute presumptive evidence that the summons mailed was received by\nthe defendant or a person qualified to receive his certified mail or\nregistered mail; and the notation of refusal shall constitute\npresumptive evidence that the refusal was by the defendant or his agent.\nService of such summons also may be made by mailing a copy thereof to\nthe secretary of state at his office in the city of Albany, or by\npersonally delivering a copy thereof to one of his regularly established\noffices, with a fee of ten dollars, and by delivering a duplicate copy\nthereof with the complaint annexed thereto, to the defendant personally\nwithout the state by a resident or citizen of the state of New York or a\nsheriff, under-sheriff, deputy-sheriff or constable of the county or\nother political subdivision in which the personal service is made, or an\nofficer authorized by the laws of this state, to take acknowledgements\nof deeds to be recorded in this state, or an attorney and/or counselor\nat law, solicitor, advocate or barrister duly qualified to practice in\nthe state or country where such service is made, or by a United States\nmarshall or deputy United States marshall. Proof of personal service\nwithout the state shall be filed with the clerk of the court in which\nthe action is pending within thirty days after such service. Personal\nservice without the state is complete when proof thereof is filed. The\ncourt in which the action is pending may order such extensions as may be\nnecessary to afford the defendant reasonable opportunity to defend the\naction.\n  3. As used in this section, the term "vehicle" means a "motor\nvehicle," "motorcycle," "semitrailer," and "trailer" as defined in\nsections one hundred twenty-five, one hundred twenty-three, one hundred\nforty-three and one hundred fifty-six, respectively, of this chapter,\nwhether or not such vehicles are used or operated upon a public highway.\n
N.Y. EDN Law § 2590-A — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-A
Definitions
Status: in_force

§ 2590-a. Definitions. As used in this article, the following terms\nshall mean:\n  1. City district. The term "city district" shall mean the city school\ndistrict of the city of New York.\n  2. Community district. The term "community district" shall mean a\ncommunity school district created or to be created within the city\ndistrict under the provisions of this article.\n  3. City board. The term "city board" shall mean the board of education\nof the city district.\n  * 4. Community district education council. The term "community\ncouncil" shall mean the community district education council of a\ncommunity district established pursuant to section twenty-five hundred\nninety-c of this article.\n  * NB Effective until June 30, 2028\n  * 4. Community board. The term "community board" shall mean the board\nof education of a community district.\n  * NB Effective June 30, 2028\n  5. Chancellor. The term "chancellor" shall mean the chancellor of the\ncity district.\n  6. Community superintendent. The term "community superintendent" shall\nmean the superintendent of schools of a community district.\n  7. Parent. The term "parent" shall mean a person in parental relation\nto a child, as that phrase is defined in subdivision ten of section two\nof this chapter.\n  * 8. Registered voter. The term "registered voter" shall mean an\nelector of the city of New York under the election law.\n  * NB Effective June 30, 2028\n  * 9. Educational facilities. The term "educational facilities" shall\nmean land and the improvements thereon for use in connection with any\neducational activity to be undertaken or provided by the city board or\nany community council or any facility attendant thereto or any facility\nnecessary, useful or desirable in connection with such activity.\n  * NB Effective until June 30, 2028\n  * 9. Educational facilities. The term "educational facilities" shall\nmean land and the improvements thereon for use in connection with any\neducational activity to be undertaken or provided by the city board or\nany community school board or any facility attendant thereto or any\nfacility necessary, useful or desirable in connection with such\nactivity.\n  * NB Effective June 30, 2028\n  10. Project. The term "project" shall mean, with respect to an\neducational facilities capital plan, (a) the performance, at a specified\neducational facility, of one or more program elements, as defined in\nparagraph a, b, c or d of subdivision two of section twenty-five hundred\nninety-p of this article; or (b) the performance of the program elements\ndefined in paragraphs f and g of such subdivision or any system\nreplacement identified in paragraph e of such subdivision.\n
N.Y. EDN Law § 2555 — New York Code / Act EDN / Title 2 / Article 52 / Section 2555
Kindergartens, nursery and night schools
Status: in_force

§ 2555.  Kindergartens, nursery and night schools.  1. The board of\neducation of each city may maintain kindergartens which shall be free to\nresident children between the ages of four and six years, provided,\nhowever, such board may fix a higher minimum age for admission to such\nkindergartens.\n  2. A board of education may  maintain nursery schools which shall be\nfree to resident children and may fix the age for admission.\n  3. Night schools, which shall be free to all persons residing in the\ncity, and wherein the common branches and such additional subjects as\nmay be adapted to students applying for instruction are taught on at\nleast two nights each week, for two hours each night, shall be\nmaintained by the board of education on at least one hundred nights.\n
N.Y. EDN Law § 2116 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2116
District records, books, etc
Status: in_force

§ 2116.  District records, books, etc., are district property.  The\nrecords, books and papers belonging or appertaining to the office of any\nofficer of a school district are hereby declared to be the property of\nsuch district and shall be open for inspection by any qualified voter of\nthe district at all reasonable hours, and any such voter may make copies\nthereof.\n
N.Y. PBH Law § 2896 — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896
License and registration required
Status: in_force

§ 2896. License and registration required. On and after July first,\nnineteen hundred seventy, no person shall practice or represent himself\nas a nursing home administrator unless he is licensed by the board and\nregistered by the department pursuant to the provisions of this article.\n
N.Y. PBH Law § 4209-A — New York Code / Act PBH / Article 42 / Title 2 / Section 4209-A
Procedure for obtaining identification by persons opposed to the dissection or autopsy of their bodies upon their death
Status: in_force

§ 4209-a. Procedure for obtaining identification by persons opposed to\nthe dissection or autopsy of their bodies upon their death. Except as\nrequired by law, no dissection or autopsy shall be performed on the body\nof any person who is carrying an identification card upon his person\nindicating his opposition to such dissection or autopsy. To be valid,\nthis card must be signed and dated by the person opposed to the\ndissection or autopsy and must be notarized.\n  The card shall measure at least two inches by three inches and shall\nbe made of a cardboard based material. The card shall state:\n  "I, ............................................................,\n  (insert the name of the person opposed to dissection or autopsy)\ndo not consent to the dissection or autopsy of my body except as is\nrequired by law."\n
N.Y. EDN Law § 2801-B — New York Code / Act EDN / Title 2 / Article 55 / Section 2801-B
New York state school safety improvement teams
Status: in_force

§ 2801-b. New York state school safety improvement teams. The governor\nshall establish New York state school safety improvement teams, which\nmay be composed of representatives from the division of homeland\nsecurity and emergency services, the division of state police, the\ndivision of criminal justice services, and the department. Such New York\nState School Safety Improvement Teams shall review and assess school\nsafety plans submitted, on a voluntary basis, by school districts having\na population of less than one hundred twenty-five thousand inhabitants,\nboards of cooperative educational services, nonpublic schools, and\ncounty vocational education and extension boards, and may make\nrecommendations to improve such school safety plans.\n
N.Y. RPT Law § 485-B — New York Code / Act RPT / Article 4 / Title 2 / Section 485-B
Business investment exemption
Status: in_force

§ 485-b. Business investment exemption. 1. Real property constructed,\naltered, installed or improved subsequent to the first day of July,\nnineteen hundred seventy-six for the purpose of commercial, business or\nindustrial activity shall be exempt from taxation and special ad valorem\nlevies, except for special ad valorem levies for fire district, fire\nprotection district and fire alarm district purposes, to the extent\nhereinafter provided.\n  2. (a) (i) Such real property shall be exempt for a period of one year\nto the extent of fifty per centum of the increase in assessed value\nthereof attributable to such construction, alteration, installation or\nimprovement and for an additional period of nine years provided,\nhowever, that the extent of such exemption shall be decreased by five\nper centum each year during such additional period of nine years and\nsuch exemption shall be computed with respect to the "exemption base."\nThe exemption base shall be the increase in assessed value as determined\nin the initial year of such ten year period following the filing of an\noriginal application, except as provided in subparagraph (ii) of this\nparagraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives the\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the tax\nexemption:\n      Year of exemption                      Percentage of exemption\n               1                                       50\n               2                                       45\n               3                                       40\n               4                                       35\n               5                                       30\n               6                                       25\n               7                                       20\n               8                                       15\n               9                                       10\n              10                                        5\n  (b) No such exemption shall be granted unless\n  (1) such construction, alteration, installation or improvement was\ncommenced subsequent to the first day of January, nineteen hundred\nseventy-six or such later date as may be specified by local law or\nresolution;\n  (2) the cost of such construction, alteration, installation or\nimprovement exceeds the sum of ten thousand dollars or such greater\namount as may be specified by local law or resolution; and\n  (3) such construction, alteration, installation or improvement is\ncompleted as may be evidenced by a certificate of occupancy or other\nappropriate documentation as provided by the owner.\n  (c) For purposes of this section the terms construction, alteration,\ninstallation and improvement shall not include ordinary maintenance and\nrepairs.\n  (d) No such exemption shall be granted concurrent with or subsequent\nto any other real property tax exemption granted to the same\nimprovements to real property, except, where during the period of such\nprevious exemption, payments in lieu of taxes or other payments were\nmade to the local government in an amount that would have been equal to\nor greater than the amount of real property taxes that would have been\npaid on such improvements had such property been granted an exemption\npursuant to this section. In such case, an exemption shall be granted\nfor a number of years equal to the ten year exemption granted pursuant\nto this section less the number of years the property would have been\npreviously exempt from real property taxes.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of the city, town, village,\nor county having the power to assess property for taxation on or before\nthe appropriate taxable status date of such city, town, village or\ncounty and within one year from the date of completion of such\nconstruction, alteration, installation or improvement.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies, except for special ad valorem\nlevies for fire district, fire protection district and fire alarm\ndistrict purposes, as herein provided commencing with the assessment\nroll prepared after the taxable status date referred to in subdivision\nthree of this section. The assessed value of any exemption granted\npursuant to this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption shown in a separate column.\n  5. The provisions of this section shall apply to real property used\nprimarily for the buying, selling, storing or developing goods or\nservices, the manufacture or assembly of goods or the processing of raw\nmaterials. This section shall not apply to property used primarily for\nthe furnishing of dwelling space or accommodations to either residents\nor transients other than hotels or motels.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  7. A county, city, town or village may, by local law, and a school\ndistrict, except a city school district to which article fifty-two of\nthe education law applies, may, by resolution, reduce the per centum of\nexemption otherwise allowed pursuant to this section; provided, however,\nthat a project in course of construction and exemptions existing prior\nin time to passage of any such local law or resolution shall not be\nsubject to any such reduction so effected. Any county, city, town,\nvillage or school district that has reduced the per centum of exemption\npursuant to this subdivision may thereafter, by local law or resolution\nas the case may be, increase the per centum of exemption up to any per\ncentum not exceeding the maximum allowed by subdivision two or twelve of\nthis section, whichever is applicable, provided, however, that any such\nlocal law or resolution shall apply only to construction, alterations,\ninstallations, or improvements commenced subsequent to the effective\ndate of such local law or resolution. A copy of all such local laws or\nresolutions shall be filed with the commissioner and the assessor of\neach assessing unit which comprises the county, city, town or school\ndistrict or, in the case of a village, the village assessor, or the\napplicable town or county assessor of a village which has adopted a\nlocal law provided in subdivision three of section fourteen hundred two\nof this chapter.\n  8. A county, city, town or village may, by local law, and a school\ndistrict, except a city school district to which article fifty-two of\nthe education law applies may, by resolution, establish a date for the\ncommencement of effectiveness of exemptions offered pursuant to this\nsection and may provide that the provisions of this section shall apply\nonly to construction, alteration, installation or improvements having a\ngreater value than that specified by subdivision two of this section,\nprovided, however, that such amount shall not exceed fifty thousand\ndollars.\n  9. (a) A county, city, outside the city of New York, town or village\nmay, by local law, and a school district which levies school taxes may,\nby resolution, establish a board to be known as the industrial and\ncommercial incentive board. The membership and composition of such board\nshall be set forth in the local law or resolution.\n  (b) The industrial and commercial incentive board shall present a plan\nto the appointing local legislative body concerning the various types of\nbusiness real property which should be granted eligibility for an\nexemption pursuant to subdivision one of this section. Such plan shall\nmake recommendations concerning the applicability of the exemption to\nspecific sectors and subsectors, as defined in the North American\nIndustry Classification System published by the United States\nGovernment. Such plan shall also make a recommendation as to whether the\nexemption be computed as provided in subdivision two or twelve of this\nsection. In addition, such plan shall identify specific geographic areas\nwithin which such exemptions should be offered. In developing the plan\nrequired by this paragraph, the board shall consider the planning\nobjectives of each municipality within which such exemptions may be\noffered, the necessity of the exemption to the attraction or retention\nof such business and the economic benefit to the area of providing\nexemptions to various types of businesses.\n  (c) In addition, the board may make recommendations to the appointing\nlocal legislative body with respect to actions it deems desirable to\nimprove the economic climate therein.\n  (d) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, where a county establishes an industrial and commercial\nincentive board, the members of such board shall be appointed as\nfollows: three representatives of the county: the appointment of one\nshall be reserved to the county executive of the county who shall serve\nas chair, and one each for the majority and the minority parties of the\ncounty legislative body; one representative for each city located within\nthe county upon the recommendation of the mayor; one representative for\neach of the towns located within the county upon the recommendation of\nthe supervisor; one representative to collectively represent all of the\nvillages located within the county upon the recommendation of the mayors\nof the villages in the county; and one representative to collectively\nrepresent all of the school districts located within the county upon\nrecommendation of the county school boards association. The members of\nsuch board shall serve at the pleasure of the governing body which they\nrepresent. The members shall serve without salary, but the county\nlegislative body may entitle each such member to reimbursement for his\nor her actual and necessary expenses incurred in the performance of his\nor her duties.\n  10. Where a county, city, town, village or school district has\nestablished an industrial and commercial incentive board, pursuant to\nsubdivision nine of this section, such county, city, town or village\nmay, by local law, and a school district, except a city school district\nto which article fifty-two of the education law applies, may, by\nresolution, restrict real property eligible to receive the exemption to\nreal property constructed, altered, installed or improved for those\npurposes identified in the plan presented by the board. Such law or\nresolution shall identify the specific sectors and subsectors, as\ndefined in the North American Industry Classification System published\nby the United States Government to which the exemption shall be\napplicable. Such law or resolution shall also restrict the availability\nof such exemption to the specific geographic areas identified in the\nplan presented by the board.\n  11. Where a county, by law, restricts exemptions pursuant to the\nrecommendations of an industrial and commercial incentive board,\nestablished pursuant to subdivision nine of this section, such\nrestricted exemptions shall be applicable to taxes and special ad\nvalorem levies of each city, town, village and school district located\nwithin the area within which the restricted exemptions are offered by\nthe county, unless such city, town or village shall, by law, or such\nschool district, shall, by resolution, determine that such restricted\nexemptions shall not be applicable to its tax and ad valorem levies.\nUpon adoption of such law, the county shall notify each affected city,\ntown, village and school district of its actions and inform them of\ntheir options regarding such restricted exemptions.\n  12. Notwithstanding subdivision two of this section, where a county,\ncity, town, village or school district adopts restricted exemptions\npursuant to subdivision ten of this section, the law or resolution may\nprovide that such exemptions shall be computed pursuant to the following\naccelerated strategic exemption schedule:\n      Year of exemption                      Percentage of exemption\n               1                                       50\n               2                                       50\n               3                                       50\n               4                                       40\n               5                                       30\n               6                                       20\n               7                                       10\n               8                                       10\n               9                                       10\n              10                                        5\n  Provided however, that such law or resolution shall:\n  (i) contain findings that the adoption of this accelerated strategic\nexemption schedule is necessary to encourage targeted economic\ndevelopment, create or retain permanent private sector jobs, and that\nthe value of the exemptions to be provided is justified by the need to\nprovide employment opportunities and broaden the tax base; and\n  (ii) limit the applicability of such schedule to projects where the\ncost of such construction, alteration, installation or improvement\nexceeds the sum of fifty thousand dollars; and\n  (iii) provide that such exemptions are restricted by geographic areas\nand/or groups and major divisions as is provided by subdivision ten of\nthis section.\n  13. The provisions of this section shall not apply in a city of one\nmillion or more persons.\n
N.Y. RPT Law § 489-S — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-S
Estimated railroad ceiling
Status: in_force

§ 489-s. Estimated railroad ceiling. Upon application of a county,\ncity, town, village, school district or special district, the\ncommissioner shall establish estimated railroad ceilings for the\nassessment roll or rolls used thereby. Such estimated railroad ceilings\nmay be used in the computation of average full valuation for tax and\ndebt limit purposes in accordance with the provisions of section 2.00 of\nthe local finance law.\n
N.Y. RPT Law § 421-C — New York Code / Act RPT / Article 4 / Title 2 / Section 421-C
Exemption of certain new multiple dwellings from local taxation
Status: in_force

§ 421-c.  Exemption of certain new multiple dwellings from local\ntaxation.  1.  The provisions of this section shall apply to each town,\nvillage or city with a population of less than one million which has\ndeclared an emergency in accordance with the provisions of the emergency\ntenant protection act of nineteen seventy-four and which adopts a\nresolution making the provisions of this section applicable to such\ntown, village or city.  The owner of housing accommodations in a newly\nconstructed building, which would be subject to the provisions of such\nact except for the fact that the building was completed on or after\nJanuary first, nineteen hundred seventy-four, may file a declaration, in\na form suitable for recording, with the rent guidelines board subjecting\nsuch housing accommodations to the provisions of said act.\n  2.  Such new residential buildings shall be exempt from all taxes\nimposed by a municipal corporation including those imposed by a school\ndistrict, other than assessments for local improvements, during\nconstruction and so long as used for residence purposes for a period not\nto exceed ten years in the aggregate after the taxable status date\nimmediately following the completion thereof, consisting of two years of\nfull exemption followed by two years of exemption from eighty percent of\nsuch taxation, followed by two years of exemption from sixty percent of\nsuch taxation, followed by two years of exemption from forty percent of\nsuch taxation, followed by two years of exemption from twenty percent of\nsuch taxation; provided that taxes shall be paid during any such period\nat least in the amount of the taxes paid on such land and any\nimprovements thereon during the tax year preceding the commencement of\nsuch construction and that exemption from taxes shall not be availed of\nconcurrently under any other law.  To be eligible for exemption under\nthis section such construction shall take place on vacant, predominantly\nvacant or under-utilized land, or on land improved with a non-conforming\nuse.  The initial legal regulated rents to be charged upon initial\noccupancy after construction aided by exemption under this section shall\nbe at least fifteen percent less than the rents prevailing for\ncomparable newly constructed residential units in the same area or any\ncomparable area; and notwithstanding the provisions of the emergency\ntenant protection act of nineteen seventy-four, the rents shall be fully\nsubject to regulation under such act for a period of ten years or for\nthe period such act is in effect in the municipality in which the\nbuilding is situate, whichever is shorter, at the expiration of which\nsuch rent shall be deregulated, unless immediately prior to such\nexpiration such rents would have been regulated by the provisions of any\nlaw other than pursuant to this section, in which event such rents shall\ncontinue subject to such regulation to the same extent and in the same\nmanner as if this section had never applied thereto.  Any additional\ntaxes levied against the building as a result of the phase-out of the\nexemption provided by this section may be charged by the owner to the\ntenants on an equitable basis without seeking the approval of the local\nrent guidelines board.  For the purposes of this section, construction\nshall be deemed commenced when excavation has begun in good faith on the\nbasis of approved construction plans.\n  3.  Application forms for exemption under this section shall be filed\nwith the assessor between February first and March fifteenth, and, based\non the certification of the local rent guidelines board, the assessors\nshall certify to the collecting officer the amount of taxes to be\nabated.  No such application shall be accepted by the assessors unless\naccompanied by a certificate of the local rent guidelines board\ncertifying the applicant's eligibility pursuant to subdivision one of\nthis section.  Requests to these local rent guidelines boards for\ncertification shall be accompanied by a ten-year projection of the rents\nbased on current levels of operating costs and showing to the\nsatisfaction of such board a relative stability of rents over such\nperiod reflecting to the extent that this is practicable, and averaging\nof the tax benefits of this section in the interests of the tenants.\nThe state division of housing and community renewal may promulgate rules\nand regulations to carry out the provisions of this section, not\ninconsistent with the provisions hereof.\n
N.Y. ELN Law § 9-206 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-206
Canvass of election district returns of general and special elections
Status: in_force

§ 9-206. Canvass of election district returns of general and special\nelections. The canvassing board shall canvass the votes cast within the\ncounty for state, county, city and town offices; also the vote cast on\nany ballot proposal.  The canvass by the county board of canvassers\nrelating to the offices of president and vice president of the United\nStates, governor, lieutenant-governor, state comptroller,\nattorney-general, United States senator, member of the house of\nrepresentatives, member of the state senate, member of the assembly and\nany ballot proposal shall show in each election district the total\nnumber of persons voting at such election, the number of votes cast for\neach candidate, the number of unrecorded or blank votes for each of the\nabove-mentioned offices and each ballot proposal. Write-in votes cast\nfor president or vice president for persons who were not certified by\nthe state board of elections as write-in candidates for such offices\nshall not be canvassed for such candidates but such votes shall be\ncanvassed as void votes. If, during the canvass, there shall clearly\nappear to be any omission or clerical mistake in the return for any\ndistrict filed with the board of elections, the canvassing board may\nsummon the election officers before the board, and such officers shall\nmeet forthwith and make any necessary correction, in order that their\ncanvass may be correctly stated, but they shall not alter any decision\ntheretofore made by them.\n
N.Y. EDN Law § 2590-J — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-J
Appointment and removal of persons in the teaching and supervisory service
Status: in_force

§ 2590-j. Appointment and removal of persons in the teaching and\nsupervisory service. 1. Persons in the teaching and supervisory service\nin all schools in the city system shall be appointed as prescribed by\nthis section.\n  2. The chancellor shall promulgate minimum education and experience\nrequirements for all teaching and supervisory service positions which\nshall not be less than minimum state requirements for certification, and\nwith the approval of the city board shall create and abolish the titles\nof all positions in the teaching and supervisory service.\n  4. (a) The chancellor shall appoint and assign teachers for all\nschools and programs under the jurisdiction of the city board from\neligible lists of prospective appointees selected by random selection\nfrom qualifying eligible lists.\n  (b) The chancellor shall appoint and assign all supervisory personnel\nfor all schools and programs under the jurisdiction of the city board\nfrom persons on qualifying eligible lists.\n  (c) Consistent with the provisions of sections twenty-five hundred\nninety-f, twenty-five hundred ninety-h and twenty-five hundred ninety-i\nof this article, the district superintendent shall appoint teachers for\nall schools and programs under the community district's jurisdiction who\nare assigned to the district by the chancellor from eligible lists of\nprospective appointees selected by random selection from qualifying\neligible lists. Insofar as practicable the chancellor, when making such\nassignments shall give effect to the requests for assignment of specific\npersons by the community superintendent. The community superintendent\nshall appoint such teachers to schools within such district within\nthirty days if such appointment is to be effective on a date subsequent\nthereto and within three days if such appointment is to be effective\nimmediately.\n  (d) Each community superintendent shall appoint and assign all\nsupervisory personnel for all schools and programs under his or her\njurisdiction from persons on qualifying eligible lists except for those\npersonnel appointed pursuant to paragraph (d) of subdivision one of\nsection twenty-five hundred ninety-f of this article.\n  (e) No person who is related within the third degree of consanguinity\nor affinity to the chancellor or to any member of the city board or to\nany community superintendent or to any member of a community board shall\ncommence employment with the city or community district of which such\nrelative is a member, chancellor or superintendent, except upon the\nconsent of two-thirds of the members of the city board or such community\nboard, as the case may be, to be determined at a public meeting of the\ncity board or such community board.\n  5. (a) The chancellor shall cause a comprehensive reading examination\nto be administered to all pupils in all schools under the jurisdiction\nof the community districts annually. Prior to October first of every\nyear each school shall be ranked in order of the percentage of pupils\nreading at or above grade level as determined by such examination, in\naccordance with rules to be promulgated by the chancellor.\n  (b) If the ranking of a school under the jurisdiction of a community\ndistrict falls in the lower forty-five percent of the ranking of all\nsuch schools, as provided in paragraph (a) of this subdivision, the\ncommunity superintendent of such school (hereinafter called an eligible\nschool) may appoint teachers to such school in conformity with this\nsubdivision, any other provision of this section or chapter\nnotwithstanding, provided, that in the first year during which this\nparagraph is operative, only a school in the lower forty percent shall\nbe an eligible school.\n  (c) The community superintendent of each eligible school may between\nOctober first in the year in which the foregoing examination was\nadministered and the following May first, appoint any person a teacher\nin such school for the school year commencing in September of the year\nfollowing such examination without regard to any competitive eligibility\nlists or open qualifying lists established pursuant to this section,\nprovided that such person, will on the effective date of such\nappointment, have the education and experience qualifications for\ncertification as a teacher pursuant to article sixty-one of this chapter\nand shall:\n  (i) be on a qualifying eligible list or be on an existing competitive\neligible list for such position; or\n  (ii) have passed a test or tests acceptable to the commissioner at a\npass mark established by the commissioner. This paragraph shall not\nrestrict the right of the chancellor to establish appropriate medical\nrequirements for all teachers. The chancellor shall cause such test or\ntests to be offered at reasonable intervals at one or more cities in the\ncommonwealth of Puerto Rico.\n  (d) Such community superintendent may waive his or her rights under\nparagraph (c) of this subdivision and elect to appoint teachers under\nparagraph (c) of subdivision four of this section.\n  (e) All teachers appointed under paragraph (c) of this subdivision\nshall for all purposes, have the same status, rights and duties as\nteachers appointed under paragraph (c) of subdivision four of this\nsection.\n  6. If a vacancy exists for a teaching position in any community\ndistrict for which there are no names on any appropriate eligible list\nin force, the community superintendent of such district may appoint and\nassign any person to fill such position who complies with paragraph (c)\nof subdivision five of this section.\n  6-a. (a) Notwithstanding any other provision of law, any person who\nhas served continuously as a substitute teacher in the schools of the\ncity system since the fourteenth day of September, nineteen hundred\nseventy shall be appointed to probationary service in the school he is\nserving in as of June first, nineteen hundred seventy-two effective\nSeptember sixth, nineteen hundred seventy-two provided a vacancy exists\nin the school for the school year commencing September nineteen hundred\nseventy-two and provided his name appears on an appropriate eligible\nlist in existence on June first, nineteen hundred seventy-two without\nregard to his relative standing on such list, and thereafter he shall be\nsubject to all the existing provisions of law and negotiated agreements\nin the same manner as any other appointee.\n  (b) Notwithstanding any other provision of law, persons awaiting\nappointment from eligible lists shall be assigned and appointed in\nranked order by the city board on September sixth, nineteen hundred\nseventy-two to those vacancies which were in existence on June first,\nnineteen hundred seventy-two and continued to be in existence on\nSeptember sixth, nineteen hundred seventy-two.\n  7. (a) No member of the teaching or supervisory staff of schools who\nhas served the full and appropriate probationary period prescribed by,\nor in accordance with law, shall be found guilty of any charges except\nafter a hearing as provided by section three thousand twenty-a of this\nchapter.\n  (b) Charges may be initiated by the community superintendent against\nany such employee for any of the following offenses:\n  (1) Unauthorized absence from duty or excessive lateness;\n  (2) Neglect of duty;\n  (3) Conduct unbecoming his position, or conduct prejudicial to the\ngood order, efficiency or discipline of the service;\n  (4) Incompetent or inefficient service;\n  (5) A violation of the by-laws, rules or regulations of the city\nboard, chancellor, or the community board; or\n  (6) Any substantial cause that renders the employee unfit to perform\nhis obligations properly to the service.\n  (c) The community superintendent, in advance of the filing of charges\nand specifications, shall inform the employee accused and the community\nboard of the nature of the complaint. No charge shall be brought outside\nthe statute of limitation period provided for in section three thousand\ntwenty-a of this chapter.\n  (d) Upon the service of a copy of the charges upon such employee, the\ncommunity superintendent may recommend to the chancellor the suspension\nof any such employee. If the chancellor shall determine that the nature\nof the charge requires the immediate removal of the employee from his\nassigned duties, he may suspend such employee for a period not exceeding\nninety days pending hearing and determination of charges, provided\nhowever, that such employee shall be entitled to receive full\ncompensation during the period of suspension. In case the employee is\nacquitted, he shall be restored to his position.\n  8. The community superintendent may transfer members of the teaching\nand supervisory service without their consent within the district for\nthe following reasons only:\n  (a) Disciplinary action pursuant to subdivision seven of this section,\n  (b) Excess staff in a specific school,\n  (c) To staff a new school, or\n  (d) To fill a vacancy in another school within the district; provided,\nhowever, (i) that such transfers shall be made in inverse order of\nseniority in the school from which made, (ii) that the school to which\nthe person is transferred has a higher number of vacant positions\nsubsequent to such transfer than the school from which transferred,\n(iii) that there is no appropriate eligible list for such position, (iv)\nthat no other qualified person within the district makes application to\nfill such position, and (v) such vacancy has existed for at least two\nweeks.\n  In exercising the power granted in paragraphs (b) and (c), hereof the\ncommunity superintendent shall comply with all collective negotiation\nagreements.\n  8-a. Notwithstanding the provisions of subdivision eight of this\nsection, a community superintendent shall request the chancellor to\ntransfer a principal pursuant to subdivision twenty-five of section\ntwenty-five hundred ninety-h of this article, or to remove or otherwise\ndiscipline the principal pursuant to section three thousand twenty-a of\nthis chapter, or to require the principal to participate in training and\nstaff development, or to take other actions to promote student\nachievement and school performance, where appropriate, consistent with\nthe obligations of the superintendent pursuant to section twenty-five\nhundred ninety-f and the provisions of section twenty-five hundred\nninety-i of this article.\n  9. (a) Notwithstanding any other provision of law, appointments of\npersons to vacancies in teaching positions in the city system shall be\nmade in the following order:\n  (1) Persons who have been displaced from other positions and persons\non preferred lists, in accordance with the provisions of section\ntwenty-five hundred eighty-eight of this chapter.\n  (2) Persons on eligible lists who were employed in the city school\ndistrict who have served satisfactorily for two terms as a regular\nappointee or as a regular substitute or as a per diem certificate holder\nin any license area or four terms as a paraprofessional or school aide\nprovided that such service was not rendered more than five years prior\nto the date of promulgation of the qualifying eligible list on which\ntheir names appear.\n  (3) All other persons, as otherwise provided in this chapter.\n  (4) Nothing contained in subparagraphs two or three of this\nsubdivision shall be construed to prevent a community superintendent of\nan eligible school as defined in subdivision five of this section from\nelecting to appoint persons in the manner authorized in said\nsubdivision.\n  (b) Subject to the provisions of subdivision two of section\ntwenty-five hundred ninety-i of this article with respect to principals,\nappointments pursuant to subparagraph two of paragraph (a) of this\nsubdivision shall be made in the manner prescribed in subdivision ten of\nsection twenty-five hundred seventy-three of this chapter and in\nsubdivision four of this section as if the persons covered by such\nsubparagraphs constituted the entire list.\n
N.Y. RPT Law § 489-BBBB — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-BBBB
Power to enact local law; real property tax exemption; deferral of tax payments
Status: in_force

§ 489-bbbb. Power to enact local law; real property tax exemption;\ndeferral of tax payments. Any city having a population of one million or\nmore, acting through its local legislative body, is authorized and\nempowered to determine that incentives in the form of exemption from or\nabatement or deferral of payment of real property taxes are necessary to\nencourage industrial and commercial development in such city and to\nenact a local law providing that such benefits shall be provided in the\nmanner set forth in this title. Such city shall be divided into six\nclasses of areas as provided in this title and pursuant to designation\nof areas to be made by a temporary commercial incentive area boundary\ncommission. Within such areas, the following benefits shall be available\nto qualified recipients:\n  1. (a) A recipient who, following the effective date of a certificate\nof eligibility, has performed industrial construction work in any area\nof such city shall be eligible for an exemption from real property taxes\nas follows: For the first thirteen tax years, the recipient shall be\nexempt from taxation on one hundred per centum of the exemption base.\nFor the following nine tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at ninety per\ncentum thereof in the fourteenth tax year and decreasing by ten per\ncentum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor industrial construction work:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 13                 Tax on 100% of exemption base\n      14                            Tax on 90% of exemption base\n      15                            Tax on 80% of exemption base\n      16                            Tax on 70% of exemption base\n      17                            Tax on 60% of exemption base\n      18                            Tax on 50% of exemption base\n      19                            Tax on 40% of exemption base\n      20                            Tax on 30% of exemption base\n      21                            Tax on 20% of exemption base\n      22                            Tax on 10% of exemption base\n  (b) Notwithstanding paragraph (a) of this subdivision, a recipient who\nfiled an application for a certificate of eligibility for industrial\nconstruction work in any area of such city on or after July first,\nnineteen hundred ninety-five, and who, following the effective date of\nsuch certificate of eligibility, has performed such industrial\nconstruction work shall be eligible for an exemption from real property\ntaxes as follows: For the first sixteen tax years, the recipient shall\nbe exempt from taxation on one hundred per centum of the exemption base.\nFor the following nine tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at ninety per\ncentum thereof in the seventeenth tax year and decreasing by ten per\ncentum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor industrial construction work pursuant to this paragraph:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 Through 16                 Tax on 100% of exemption base\n      17                            Tax on 90% of exemption base\n      18                            Tax on 80% of exemption base\n      19                            Tax on 70% of exemption base\n      20                            Tax on 60% of exemption base\n      21                            Tax on 50% of exemption base\n      22                            Tax on 40% of exemption base\n      23                            Tax on 30% of exemption base\n      24                            Tax on 20% of exemption base\n      25                            Tax on 10% of exemption base\n  (c)(i) A recipient who filed an application for a certificate of\neligibility for industrial construction work in any area of such city on\nor after July first, nineteen hundred ninety-five, and who, following\nthe effective date of such certificate of eligibility, both commenced\nand completed such work, shall be eligible for an abatement of real\nproperty taxes as follows: For the first tax year immediately following\ncompletion of such work, and for the second, third and fourth tax years\nfollowing completion of such work, the abatement shall equal fifty per\ncentum of the real property tax that was imposed on the property which\nis the subject of the certificate of eligibility for the tax year\nimmediately preceding the effective date of such certificate of\neligibility, provided, however, that if such property was fully or\npartially exempt from real property taxes during such tax year, then the\nabatement shall equal fifty per centum of the real property tax that\nwould have been imposed on such property but for such full or partial\nexemption. For the fifth and sixth tax years, the abatement shall equal\nforty per centum of such amount; for the seventh and eighth tax years,\nthe abatement shall equal thirty per centum of such amount; for the\nninth and tenth tax years, the abatement shall equal twenty per centum\nof such amount; and for the eleventh and twelfth tax years, the\nabatement shall equal ten per centum of such amount. Notwithstanding any\ninconsistent provision of this paragraph, a recipient shall not be\neligible for an abatement for the first tax year following completion of\nsuch work, unless the recipient submits proof satisfactory to the\ndepartment of finance that such work was completed on or before the\ntaxable status date for such first tax year no later than thirty days\nafter such taxable status date. Where the recipient fails to submit such\nproof in accordance with the foregoing sentence, a recipient shall not\nbe eligible for an abatement until the second tax year following\ncompletion of such work. In such case, a recipient shall submit proof\nsatisfactory to the department of finance that such work was completed\non or before the taxable status date for such first tax year no later\nthan thirty days after the taxable status date for such second tax year.\nA recipient whose abatement begins in the second tax year following\ncompletion of such work shall not thereby have his or her twelve-year\nbenefit period shortened.\n  The following table shall illustrate the computation of the abatement\nfor industrial construction work pursuant to this paragraph:\n   Tax year following\n   completion of industrial\n   construction work:                     Amount of abatement:\n             1                                  50%\n             2                                  50%\n             3                                  50%\n             4                                  50%\n             5                                  40%\n             6                                  40%\n             7                                  30%\n             8                                  30%\n             9                                  20%\n            10                                  20%\n            11                                  10%\n            12                                  10%\n  (ii) If, due to a determination of the department of finance or tax\ncommission of such city or a court, the real property tax imposed on\nsuch property for the tax year immediately preceding the effective date\nof such certificate of eligibility is changed, then any abatement that\nwas granted in accordance with this paragraph prior to such reduction\nshall be recalculated and any abatement to be granted in accordance with\nthis paragraph shall be based on the real property tax imposed on such\nproperty for the tax year immediately preceding the effective date of\nsuch certificate of eligibility, as changed by such determination. The\namount equal to the difference between the abatement originally granted\nand the abatement as so recalculated shall be deducted from any refund\notherwise payable or remission otherwise due as a result of a change due\nto such determination, and any balance of such amount remaining unpaid\nafter making any such deduction shall be paid to the department of\nfinance within thirty days from the date of mailing by the department of\nfinance of a notice of the amount payable. Such amount payable shall\nconstitute a tax lien on such property as of the date of such notice\nand, if not paid within such thirty-day period, penalty and interest at\nthe rate applicable to delinquent taxes on such property shall be\ncharged and collected on such amount from the date of such notice to the\ndate of payment.\n  (iii) No property which is the subject of a certificate of eligibility\npursuant to this title shall receive more than one abatement pursuant to\nthis title and no abatement shall exceed one consecutive twelve-year\nperiod as specified in subparagraph (i) of this paragraph.\n  (iv) In no event shall an abatement granted pursuant to this title\nexceed in any tax year the real property taxes imposed on the property\nwhich is the subject of a certificate of eligibility pursuant to this\ntitle.\n  (v) For the purpose of calculating an abatement of real property taxes\npursuant to this title, where a tax lot contains more than one building\nor structure and not all of the buildings or structures comprising such\ntax lot are the subject of a certificate of eligibility for industrial\nconstruction work pursuant to this title, the real property taxes\nimposed on such tax lot for the tax year immediately preceding the\neffective date of such certificate of eligibility shall be apportioned\namong the buildings, structures and land comprising such tax lot and\nonly such real property taxes as are allocable to the property which is\nthe subject of the certificate of eligibility pursuant to this title\nshall be abated in accordance with this paragraph. Such apportionment\nshall be in accordance with rules promulgated by the department of\nfinance.\n  (vi) A recipient who filed an application for a certificate of\neligibility for industrial construction work in the commercial\nrevitalization area on or after July first, two thousand, and who,\nfollowing the effective date of such certificate of eligibility, both\ncommenced and completed such work, shall be eligible for an abatement of\nreal property taxes in accordance with subparagraph (i) of this\nparagraph, provided, however, that where the total net square footage of\nthe industrial property used or immediately available and held out for\nuse for manufacturing activities involving the assembly of goods or the\nfabrication or processing of raw materials is less than seventy-five per\ncentum of the total net square footage of the industrial property, the\nabatement of real property taxes shall be determined in accordance with\nrules promulgated by the department of finance. Notwithstanding the\nforegoing sentence, no such abatement shall be allowed where the total\nnet square footage of the industrial property used or immediately\navailable and held out for use for such manufacturing actives after\ncompletion of industrial construction work is less than the total net\nsquare footage used or immediately available and held out for use for\nsuch manufacturing activities before the commencement of such\nconstruction work. For purposes of this subparagraph only, the term\n"industrial construction work" shall mean the modernization,\nrehabilitation, expansion or improvement of an existing building or\nstructure for use as industrial property and the term "industrial\nproperty" shall mean nonresidential property on which will exist after\ncompletion of industrial construction work a building or structure\nwherein at least twenty-five per centum of the total net square footage\nis used or immediately available and held out for use for manufacturing\nactivities involving the assembly of goods or the fabrication or\nprocessing of raw materials.\n  2. (a) A recipient who, following the effective date of a certificate\nof eligibility, has performed commercial construction work in a special\nexemption area shall be eligible for an exemption from real property\ntaxes as follows: For the first thirteen tax years, the recipient shall\nbe exempt from taxation on one hundred per centum of the exemption base.\nFor the following nine tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at ninety per\ncentum thereof in the fourteenth tax year and decreasing by ten per\ncentum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor commercial construction work in a special exemption area:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 13                 Tax on 100% of exemption base\n      14                            Tax on 90% of exemption base\n      15                            Tax on 80% of exemption base\n      16                            Tax on 70% of exemption base\n      17                            Tax on 60% of exemption base\n      18                            Tax on 50% of exemption base\n      19                            Tax on 40% of exemption base\n      20                            Tax on 30% of exemption base\n      21                            Tax on 20% of exemption base\n      22                            Tax on 10% of exemption base\n  (b) Notwithstanding paragraph (a) of this subdivision, a recipient who\nfiled an application for a certificate of eligibility for commercial\nconstruction work in a special exemption area on or after July first,\nnineteen hundred ninety-five, and who, following the effective date of\nsuch certificate of eligibility, has performed such commercial\nconstruction work shall be eligible for an exemption from real property\ntaxes as follows: For the first sixteen tax years, the recipient shall\nbe exempt from taxation on one hundred per centum of the exemption base.\nFor the following nine tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at ninety per\ncentum thereof in the seventeenth tax year and decreasing by ten per\ncentum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor commercial construction work in a special exemption area pursuant to\nthis paragraph:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 16                 Tax on 100% of exemption base\n      17                            Tax on 90% of exemption base\n      18                            Tax on 80% of exemption base\n      19                            Tax on 70% of exemption base\n      20                            Tax on 60% of exemption base\n      21                            Tax on 50% of exemption base\n      22                            Tax on 40% of exemption base\n      23                            Tax on 30% of exemption base\n      24                            Tax on 20% of exemption base\n      25                            Tax on 10% of exemption base\n  3. (a) A recipient who, following the effective date of a certificate\nof eligibility, has performed commercial construction work in a regular\nexemption area shall be eligible for an exemption from real property\ntaxes as follows: For the first eight tax years, the recipient shall be\nexempt from taxation on one hundred per centum of the exemption base.\nFor the following four tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at eighty per\ncentum thereof in the ninth tax year and decreasing by twenty per centum\nof said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor commercial construction work in a regular exemption area:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 8                  Tax on 100% of exemption base\n       9                            Tax on 80% of exemption base\n      10                            Tax on 60% of exemption base\n      11                            Tax on 40% of exemption base\n      12                            Tax on 20% of exemption base\n  (b) Notwithstanding paragraph (a) of this subdivision, a recipient who\nfiled an application for a certificate of eligibility for commercial\nconstruction work in a regular exemption area on or after July first,\nnineteen hundred ninety-five, and who, following the effective date of\nsuch certificate of eligibility, has performed such commercial\nconstruction work shall be eligible for an exemption from real property\ntaxes as follows: For the first eleven tax years, the recipient shall be\nexempt from taxation on one hundred per centum of the exemption base.\nFor the following four tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at eighty per\ncentum thereof in the twelfth tax year and decreasing by twenty per\ncentum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor commercial construction work in a regular exemption area pursuant to\nthis paragraph:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 11                 Tax on 100% of exemption base\n      12                            Tax on 80% of exemption base\n      13                            Tax on 60% of exemption base\n      14                            Tax on 40% of exemption base\n      15                            Tax on 20% of exemption base\n  4. Except as provided in paragraphs (b) and (c) of subdivision five of\nsection four hundred eighty-nine-cccc of this title, a recipient who,\nfollowing the effective date of a certificate of eligibility, has\nperformed commercial construction work in a deferral area shall be\neligible for a deferral of tax payments as follows: For the first three\ntax years following the effective date of a certificate of eligibility,\nthe tax payment on one hundred per centum of the exemption base shall be\ndeferred. For the following four tax years, the tax payment on a\npercentage of the exemption base beginning at eighty per centum thereof\nin the fourth tax year and decreasing by twenty per centum each year\nshall be deferred. The total amount of tax payments deferred pursuant to\nthis title shall be paid subsequently over the course of ten tax years\nas follows: Commencing in the eleventh tax year following the effective\ndate of the certificate of eligibility, through and including the\ntwentieth tax year following such effective date, an amount equal to ten\nper centum of the total amount of tax payments deferred pursuant to this\nsection shall be added to the amount of tax otherwise assessed and\npayable in each such tax year on the property subject to such deferral.\n  The following table shall illustrate the computation of deferral and\npayment of taxes for commercial construction work in a deferral area:\nTax year following effective\ndate of certificate of              Amount of tax payments to\neligibility:                        be deferred or paid:\n      1 through 3                   Deferral of tax payment on 100%\n                                    of the exemption base\n      4                             Deferral of tax payment on 80%\n                                    of the exemption base\n      5                             Deferral of tax payment on 60%\n                                    of the exemption base\n      6                             Deferral of tax payment on 40%\n                                    of the exemption base\n      7                             Deferral of tax payment on 20%\n                                    of the exemption base\n      11 through 20                 Payment each year of 10% of\n                                    total dollar amount of tax\n                                    payments deferred pursuant\n                                    to this title\n  5. A recipient who, following the effective date of a certificate of\neligibility, has performed renovation construction work in a renovation\nexemption area shall be eligible for an exemption from real property\ntaxes as follows: For the first eight tax years, the recipient shall be\nexempt from taxation on one hundred per centum of the exemption base.\nFor the following four tax years, the recipient shall be exempt from\ntaxation on a percentage of the exemption base beginning at eighty per\ncentum thereof in the ninth tax year and decreasing by twenty per centum\nof said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor renovation construction work in a renovation exemption area:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n       1 through 8                  Tax on 100% of exemption base\n       9                            Tax on 80% of exemption base\n      10                            Tax on 60% of exemption base\n      11                            Tax on 40% of exemption base\n      12                            Tax on 20% of exemption base\n  5-a. A recipient who, following the effective date of a certificate of\neligibility, constructs a new building or structure that meets the\nrequirements set forth in subdivision nine of section four hundred\neighty-nine-dddd of this title in the new construction exemption area\nspecified in paragraph (a), (b) or (c) of subdivision six of section\nfour hundred eighty-nine-cccc of this title shall be eligible for an\nexemption from real property taxes as follows: For the first four tax\nyears, the recipient shall be exempt from taxation on one hundred per\ncentum of the exemption base. For the following four tax years, the\nrecipient shall be exempt from taxation on a percentage of the exemption\nbase beginning at eighty per centum thereof in the fifth tax year and\ndecreasing by twenty per centum of said exemption base each year.\n  The following table shall illustrate the computation of the exemption\nfor the construction of a new building or structure that meets the\nrequirements set forth in subdivision nine of section four hundred\neighty-nine-dddd of this title in the new construction exemption area\nspecified in paragraph (a), (b) or (c) of subdivision six of section\nfour hundred eighty-nine-cccc of this title:\nTax year following effective\ndate of certificate of\neligibility:                        Amount of exemption:\n      1 through 4                   Tax on 100% of exemption base\n      5                             Tax on 80% of exemption base\n      6                             Tax on 60% of exemption base\n      7                             Tax on 40% of exemption base\n      8                             Tax on 20% of exemption base\n  6. There shall be no exemption from or deferral of a payment of real\nproperty taxes available pursuant to this title to any person who\nperforms commercial or renovation construction work in an excluded area,\nexcept as provided in paragraphs (b) and (c) of subdivision five of\nsection four hundred eighty-nine-cccc of this title.\n  7. The benefits of this title shall be granted exclusively for\nindustrial, commercial or renovation construction work described in\napproved plans. No benefits shall be granted for residential\nconstruction work. Any parcel which is partly located in an excluded\narea shall be deemed to be entirely located in such area.\n  8. No benefits pursuant to this title shall be granted for work which\nis the subject of a certificate of eligibility issued pursuant to title\ntwo-C of this article.\n
N.Y. RPT Law § 485-S*3 — New York Code / Act RPT / Article 4 / Title 2 / Section 485-S*3
Mixed use exemption program for villages
Status: in_force

* § 485-s. Mixed use exemption program for villages. 1. As used in\nthis section, the following terms shall have the following meanings:\n  (a) "Applicant" means any person obligated to pay real property taxes\non the property for which an exemption from real property taxes under\nthis section is sought.\n  (b) "Mixed-use property" means property with a building or structure\nused for both residential and commercial purposes.\n  (c) "Person" means an individual, corporation, limited liability\ncompany, partnership, association, agency, trust, estate, foreign or\ndomestic government or subdivision thereof, or other entity.\n  2. Any village with a population greater than five thousand five\nhundred and less than five thousand six hundred based upon the latest\ndecennial census may, by local law, provide for the exemption of real\nproperty from taxation as provided in this section. Upon the adoption of\nsuch a local law, the county and town in which such village is located\nmay, by local law, and any school district, all or part of which is\nlocated in such village, may, by resolution, exempt such property from\nits taxation in the same manner and to the same extent as such village\nhas done.\n  3. Upon the adoption of such a local law, newly constructed mixed-use\nproperty, shall be exempt from taxation and special ad valorem levies as\nprovided for in subdivision four of this section.\n  4. (a) For a period of twenty years from the approval of an\napplication, the increase in assessed value of such property\nattributable to such construction shall be exempt as provided in\nparagraph (b) of this subdivision. Such exemption shall be computed with\nrespect to the "exemption base". The exemption base shall be determined\nfor each year in which there is an increase in assessed value so\nattributable from that of the previous year's assessed value.\n  (b) The following table shall illustrate the computation of the tax\nexemption:\nYear of exemption             Percentage of exemption\n1-2                           90% of exemption base\n  3                           80% of exemption base\n  4                           75% of exemption base\n  5                           70% of exemption base\n  6                           65% of exemption base\n  7                           60% of exemption base\n  8                           55% of exemption base\n  9                           50% of exemption base\n 10                           45% of exemption base\n 11                           40% of exemption base\n 12                           35% of exemption base\n 13                           30% of exemption base\n 14                           25% of exemption base\n 15                           20% of exemption base\n 16                           15% of exemption base\n 17-18                        10% of exemption base\n 19-20                        5% of exemption base\n  (c) No such exemption shall be granted unless such construction was\ncommenced subsequent to the date on which the village's local law took\neffect.\n  (d) No such exemption shall be granted concurrent with or subsequent\nto any other real property tax exemption granted to the same\nimprovements to real property, except, where during the period of such\nprevious exemption, payments in lieu of taxes or other payments were\nmade to the local government in an amount that would have been equal to\nor greater than the amount of real property taxes that would have been\npaid on such improvements had such property been granted an exemption\npursuant to this section. In such case, an exemption shall be granted\nfor a number of years equal to the twenty year exemption granted\npursuant to this section less the number of years the property would\nhave been previously exempt from real property taxes.\n  5. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor on or before the\nappropriate taxable status date.\n  6. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies as provided in this section\ncommencing with the assessment roll prepared after the taxable status\ndate referred to in subdivision five of this section. The assessed value\nof any exemption granted pursuant to this section shall be entered by\nthe assessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  7. A local law or resolution adopted pursuant to this section may be\nrepealed by the governing body of the applicable village, county, town,\nor school district, provided that such repeal shall occur at least\nninety days prior to the applicable taxable status date and provided\nfurther that no such local law or resolution shall repeal an exemption\ngranted pursuant to this section until the expiration of the period for\nwhich such exemption was granted.\n  * NB There are 3 § 485-s's\n
N.Y. PBH Law § 4122 — New York Code / Act PBH / Article 41 / Title 2 / Section 4122
Vital statistics; deputy registrars and subregistrars; appointment
Status: in_force

§ 4122. Vital statistics; deputy registrars and subregistrars;\nappointment. 1. Immediately upon his acceptance of appointment, each\nregistrar of vital statistics shall appoint a deputy whose duty it shall\nbe to act in his stead in case of his absence or inability, and such\ndeputy shall accept such appointment, in writing, and be subject to the\nprovisions of this article and all rules and regulations governing\nregistrars.\n  2. When it appears necessary for the convenience of the people in any\ndistrict, the registrar is authorized, with the approval of the\ncommissioner, to appoint one or more suitable persons to act as\nsubregistrars, who shall be authorized to receive birth and death\ncertificates and to issue burial or removal permits in and for such\nportions of the district as may be designated, and each such\nsubregistrar shall note on each certificate over his signature the date\nof filing and shall forward all certificates to the local registrar of\nthe district within three days, and in all cases before the third day of\nthe following month.\n
N.Y. PML Law § 1321-F — New York Code / Act PML / Article 13 / Title 2-A / Section 1321-F
Minimum license thresholds
Status: in_force

§ 1321-f. Minimum license thresholds. The minimum licensing thresholds\nshall be the same as those established under section thirteen hundred\nsixteen of this article.\n
N.Y. EDN Law § 2590-F — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-F
Community superintendents
Status: in_force

* § 2590-f. Community superintendents. 1. Subject in every case to\npowers devolved to principals and schools consistent with this article,\nthe community superintendent shall have the following powers and duties\nas superintendent of schools for the community district, which shall be\nexercised in a manner to ensure the implementation of all provisions of\nlaw, rules and regulations relating to the management of the schools and\nthe delivery of instructional services:\n  (a) to assist district schools in obtaining waivers from state,\nfederal and city board regulations where appropriate to promote student\nachievement and school performance.\n  (b) to delegate any of her or his powers and duties to such\nsubordinate officers or employees of her or his community district as\nshe or he deems appropriate, at his or her sole discretion, and to\nmodify or rescind any power and duty so delegated.\n  (c) except for the appointment of supervisors pursuant to paragraph\n(d) of this subdivision, to appoint, define the duties of, assign,\npromote and discharge all employees, including teacher-aides, of the\ncommunity district, and fix their compensation and terms of employment\nwithin amounts appropriated therefor and not inconsistent with the\nprovisions of this article and any collective bargaining agreement.\n  (d) to appoint supervisory personnel from candidates screened by a\nscreening committee consistent with regulations of the chancellor\nestablishing a process that promotes parental and staff involvement in\nthe recruitment, screening, interviewing and recommendation of\ncandidates and consistent with qualifications established through\nchancellor's regulations.\n  (e) to appoint or reject the principal and assistant principal\ncandidates screened by screening committees, consistent with regulations\nof the chancellor establishing a process that promotes parental and\nstaff involvement in the recruitment, screening, interviewing and\nrecommendation of candidates, and after consulting with members of the\nschool based management team. Candidates must meet the requirements of\nregulations of the chancellor establishing educational, managerial, and\nadministrative qualifications, including evaluation of each candidate's\nrecord of performance in comparable positions and shall be subject to\nthe chancellor's power to reject such appointments pursuant to section\ntwenty-five hundred ninety-h of this article.\n  (f) to supervise and evaluate, at least annually, the performance of\nprincipals for every school in the district with respect to educational\neffectiveness and school performance, including effectiveness of\npromoting student achievement and parental involvement, developing an\neffective shared decision-making relationship with the school based\nmanagement team, and maintaining school discipline; the community\nsuperintendent shall have access to all school records that he or she\ndeems necessary and shall consider comments contained within an\nassessment made by the school based management team, pursuant to\nsubparagraph (vii) of paragraph (b-1) of subdivision fifteen of section\ntwenty-five hundred ninety-h of this article, when carrying out such\nevaluations.\n  (g) the authority to transfer or remove principals for persistent\neducational failure, conflicts of interest, and ethics violations, and\nto require principals to participate in training and other remedial\nprograms to address identified factors affecting student achievement and\nschool performance, consistent with sections twenty-five hundred\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\nof this article.\n  (h) to review, modify and approve school-based budgets proposed by the\nschool, pursuant to section twenty-five hundred ninety-r of this\narticle, provided however, that the community superintendent shall only\napprove a school-based budget proposal after certifying that it is\nsufficiently aligned with its corresponding school's comprehensive\neducational plan. The community superintendent shall prescribe the form\nand manner in which principals must submit written justification to\ndemonstrate that the proposed school-based budget is aligned with the\nschool's comprehensive educational plan, and shall also include a\nprovision allowing for the school based management team to respond to\nsuch justification. The community superintendent shall consider the\nprincipal's written justification, along with any response provided by\nthe school based management team, prior to making such certification.\n  (h-1) to establish a process that allows for school based management\nteam members, other than the principal, to dispute any decision made by\nthe principal where such team members reach a consensus that the\ndecision is inconsistent with the goals and policies set forth in their\nschool's existing comprehensive educational plan. The community\nsuperintendent shall provide a written response to the school based\nmanagement team and the principal that includes the information reviewed\nand the basis for the community superintendent's decision regarding such\ndispute.\n  (i) to retain one or more district fiscal officers to monitor and\nreport on schools' expenditures pursuant to the school-based budgets.\n  (j) within the amounts appropriated therefor to administer district\nminor repair and purchasing funds, and make them available to schools\nconsistent with sections twenty-five hundred ninety-i, twenty-five\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\nsection twenty-five hundred ninety-h of this article, for services and\nsupplies provided by the chancellor, the community superintendent, or\npurchased by the schools, and to provide for minor repairs to all school\nbuildings and other buildings and sites under the district's\njurisdiction.\n  (k) subject to subdivision three of section twenty-five hundred\nninety-e of this article and this section, to approve or disapprove\nmatters relating to the instruction of students, including the power to\ndisapprove school choices with respect to selection of textbooks and\nother instructional materials.\n  (l) (1) to provide assistance and direct support to parents in\naccessing information, addressing concerns and responding to complaints\nrelating to their child's education that cannot be resolved at the\nschool level.\n  (2) to operate administrative offices and similar facilities,\nincluding social centers, and recreational and extracurricular programs,\nunder the district's jurisdiction, and the duty to support the operation\nof school facilities. The community superintendent shall establish a\ncentral office within the district and hire and supervise sufficient\nstaff to directly interact with parents, respond to information\nrequests, receive input and comments, assist the community\nsuperintendent in resolving complaints in a timely manner, and work to\ndevelop a cooperative relationship with parents and the school\ncommunity.\n  (m) subject to regulations or resolutions of the city board, to\noperate cafeteria or restaurant services for pupils and teachers and for\nthe use by the community for school related functions and activities and\nto furnish meals to the elderly, sixty years of age or older, of the\ndistrict. Charges shall be sufficient to meet the direct cost of\npreparing and serving such meals, reducible by available reimbursements.\n  (n) to maintain discipline in the educational and other facilities\nunder the jurisdiction of the district, including the duty to assist the\nschools in maintaining discipline.\n  (o) to employ or retain counsel subject to the powers and duties of\nthe corporation counsel of the city of New York to be the district's\nattorney and counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between community districts or between a\ncommunity district and the city board, each community district may be\nrepresented by its own counsel.\n  (p) in compliance with rules and regulations of the commissioner,\npromulgated pursuant to section one hundred one-a of this chapter, to\ngive written notice to the family court pursuant to subdivision three of\nsection seven hundred fifty-eight-a and subdivision three of section\n353.6 of the family court act of the desire of any school under the\njurisdiction of the community district to act in the supervision of\ncertain juveniles while performing services for the public good.\n  (q) to take all necessary steps to ensure the integrity of community\ndistrict operations, consistent with standards, policies, objectives,\nand regulations of the city district.\n  (r) where so authorized by the chancellor, to exercise the\nchancellor's powers under subdivision thirty-one of section twenty-five\nhundred ninety-h of this article.\n  (s) to provide written notice and other related information described\nin subdivision forty-eight of section twenty-five hundred ninety-h of\nthis article to every parent of a child, including a child with a\ndisability, attending a school under the jurisdiction of his or her\ncommunity district education council as directed by the chancellor.\n  (t) notwithstanding any provisions of law to the contrary, to exercise\nall of the duties and responsibilities of the employing board as set\nforth in section three thousand twenty-a of this chapter pursuant to a\ndelegation of the chancellor under section twenty-five hundred ninety-h\nof this article.\n  (u) to provide relevant data to the community district education\ncouncil to encourage informed and adequate public discussion on student\nachievement and the state of each school within the district.\n  (v) to hold at least two public forums within the district, during\neach school year, for the purpose of reporting on the district's\nperformance, including progress made toward achieving the district\ncomprehensive educational plan goals, discussing plans for improvement,\nand receiving parental and community comments and concerns; the\ncommunity superintendent shall ensure that notice for the public forums\nis posted in a manner to maximize the participation of parents, students\nand school personnel and is specifically circulated to members of the\nschool based management teams, community district education council and\nthe relevant community boards.\n  (w) to provide notice of any proposed school closing or significant\nchange in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, for any public\nschool within the community district to all impacted parents, including\ninformation as to where a copy of the educational impact statement, or\nrevised educational impact statement if applicable, may be obtained and\nthe date of any hearing on such school closure or significant change in\nschool utilization pursuant to subdivision two-a of section twenty-five\nhundred ninety-h of this article.\n  2. In exercising such powers and duties each community superintendent\nshall comply with all applicable provisions of law, by-laws, rules or\nregulations, directives or agreements of the chancellor and his or her\ncommunity district education council and with the city-wide educational\npolicies established by the city board and his or her community district\neducation council, including performance standards addressed to\nadministration and educational effectiveness, and any requirements for\ncontinuing training and education, embodied in standards, circulars or\nregulations promulgated by the chancellor provided however, that the\nchancellor shall ensure that community superintendents are assigned to\ntasks predominantly within their own community districts and that in no\nevent shall community superintendents be assigned any task which would\nimpair their ability to exercise the powers and duties enumerated within\nthis section, such as responding to parental comments and concerns,\nappointing and evaluating principals, approving school-based budgets,\noverseeing educational instruction, providing access to information and\nassisting with resolving complaints.\n  3. No person who has served as a member of a community district\neducation council may be employed by that board or the community\nsuperintendent of that district within a period of three years after the\ntermination of such service unless such person qualifies for the\nposition pursuant to a competitive examination and applicable provisions\nof the civil service law.\n  * NB Effective until June 30, 2028\n  * § 2590-f. Community superintendents. 1. Subject in every case to\npowers devolved to principals and schools consistent with this article,\nthe superintendent shall have the following powers and duties:\n  (a) to assist district schools in obtaining waivers from state,\nfederal and city board regulations where appropriate to promote student\nachievement and school performance.\n  (b) to delegate any of her or his powers and duties to such\nsubordinate officers or employees of her or his community district as\nshe or he deems appropriate and to modify or rescind any power and duty\nso delegated.\n  (c) except for the appointment of supervisors pursuant to paragraph\n(d) of this subdivision, to appoint, define the duties of, assign,\npromote and discharge all employees, including teacher-aides, of the\ncommunity district, and fix their compensation and terms of employment\nwithin amounts appropriated therefor and not inconsistent with the\nprovisions of this article and any collective bargaining agreement.\n  (d) to appoint supervisory personnel from candidates screened by a\ncommittee including parents, teachers, and school support personnel, who\nshall be selected and shall operate in a manner prescribed by\nchancellor's regulations.\n  (e) to appoint or reject the principal candidates screened by\nscreening committees, in accordance with procedures and criteria\nprescribed by chancellor's regulations, and subject to the chancellor's\npower to reject such appointments pursuant to section twenty-five\nhundred ninety-h of this article.\n  (f) to evaluate, at least annually, the performance of principals for\nevery school in the district with respect to educational effectiveness\nand school performance, including effectiveness of promoting student\nachievement and parental involvement, and maintaining school discipline.\n  (g) the authority to transfer or remove principals for persistent\neducational failure, conflicts of interest, and ethics violations, and\nto require principals to participate in training and other remedial\nprograms to address identified factors affecting student achievement and\nschool performance, consistent with sections twenty-five hundred\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\nof this article.\n  (h) to review, modify and approve school-based budgets proposed by the\nschool, pursuant to section twenty-five hundred ninety-r of this\narticle.\n  (i) to retain one or more district fiscal officers to monitor and\nreport on schools' expenditures pursuant to the school-based budgets.\n  (j) within the amounts appropriated therefor to administer district\nminor repair and purchasing funds, and make them available to schools\nconsistent with sections twenty-five hundred ninety-i, twenty-five\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\nsection twenty-five hundred ninety-h of this article, for services and\nsupplies provided by the chancellor, the superintendent, or purchased by\nthe schools, and to provide for minor repairs to all school buildings\nand other buildings and sites under the district's jurisdiction.\n  (k) subject to subdivision three of section twenty-five hundred\nninety-e of this article and this section, to approve or disapprove\nmatters relating to the instruction of students, including the power to\ndisapprove school choices with respect to selection of textbooks and\nother instructional materials.\n  (l) to operate administrative offices and similar facilities,\nincluding social centers, and recreational and extracurricular programs,\nunder the district's jurisdiction, and the duty to support the operation\nof school facilities.\n  (m) subject to regulations or resolutions of the city board, to\noperate cafeteria or restaurant services for pupils and teachers and for\nthe use by the community for school related functions and activities and\nto furnish meals to the elderly, sixty years of age or older, of the\ndistrict. Charges shall be sufficient to meet the direct cost of\npreparing and serving such meals, reducible by available reimbursements.\n  (n) to maintain discipline in the educational and other facilities\nunder the jurisdiction of the district, including the duty to assist the\nschools in maintaining discipline.\n  (o) to employ or retain counsel subject to the powers and duties of\nthe corporation counsel of the city of New York to be the district's\nattorney and counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between community districts or between a\ncommunity district and the city board, each community district may be\nrepresented by its own counsel.\n  (p) in compliance with rules and regulations of the commissioner,\npromulgated pursuant to section one hundred one-a of this chapter, to\ngive written notice to the family court pursuant to subdivision three of\nsection seven hundred fifty-eight-a and subdivision three of section\n353.6 of the family court act of the desire of any school under the\njurisdiction of the community district to act in the supervision of\ncertain juveniles while performing services for the public good.\n  (q) to take all necessary steps to ensure the integrity of community\ndistrict operations, consistent with regulations promulgated by the\nchancellor and the city board.\n  (r) where so authorized by the chancellor, to exercise the\nchancellor's powers under subdivision thirty-one of section twenty-five\nhundred ninety-h of this article.\n  ** (s) to provide written notice and other related information\ndescribed in paragraph (b) of subdivision three of section twenty-five\nhundred ninety-c of this article to every parent of a child, including a\nchild with a disability, attending a school under the jurisdiction of\nhis or her community board as directed by the chancellor.\n  ** NB There are 2 par (s)'s\n  ** (s) notwithstanding any provisions of law to the contrary, to\nexercise all of the duties and responsibilities of the employing board\nas set forth in section three thousand twenty-a of this chapter pursuant\nto a delegation of the chancellor under section twenty-five hundred\nninety-h of this article.\n  ** NB There are 2 par (s)'s\n  2. In exercising such powers and duties each community superintendent\nshall comply with all applicable provisions of law, by-laws, rules or\nregulations, directives or agreements of the city board, the chancellor\nand his or her community board and with the educational policies\nestablished by the city board and his or her community board, including\nperformance standards addressed to administration and educational\neffectiveness, and any requirements for continuing training and\neducation, embodied in standards, circulars or regulations promulgated\nby the chancellor.\n  3. No person who has served as a member of a community board may be\nemployed by that board or the superintendent of that district within a\nperiod of three years after the termination of such service unless such\nperson qualifies for the position pursuant to a competitive examination\nand applicable provisions of the civil service law.\n  * NB Effective June 30, 2028\n
N.Y. EDN Law § 1908 — New York Code / Act EDN / Title 2 / Article 39 / Section 1908
Apportionment of expenses
Status: in_force

§ 1908. Apportionment of expenses.  1. The board of education of such\ncentral high school district shall cause to be apportioned among the\nschool districts included in such central high school district the\namount required for the payment of the principal and interest of all\nobligations issued for the purchase or acquisition of a school site, the\nerection thereon of a new school building and the construction of\nimprovements and other structures on such site, and for the payment of\nthe authorized expenditures for the maintenance, support and expenses of\nsuch high school during the ensuing school year. There shall be\napportioned to each such district such portion of such amount as the\nassessed valuation of the taxable property in such district bears to the\ntotal assessed valuation of all the school districts included in such\ncentral high school district, as appears from the last preceding\nassessment roll. The board of education of such central high school\ndistrict shall on or before July first of each year present to the board\nof education of each union free school district and to the trustee or\nboard of trustees of each common school district in such central high\nschool district a certified statement of the portion of such amount to\nbe paid by each of such districts, except that in a central high school\ndistrict where the board of education has by resolution pursuant to\nsection nineteen hundred six determined that the annual meeting of such\ncentral high school district shall be held on the last Tuesday in April,\nand where the annual meeting has been so held, the board of education of\nsuch central high school district must present the above mentioned\ncertified statement in the manner above set out on or before May tenth\nof each year, and the said boards of education, boards of trustees or\ntrustees shall cause the same to be raised by tax on the taxable\nproperty in such districts in the same manner as other taxes for the\nsupport and maintenance of the schools therein.\n  2. The board of education of a central high school district in the\ncounty of Westchester shall present such certified statements to the\nboard of education of each union free school district and to the\ntrustees or board of trustees of each common school district in such\ncentral high school district on or before the third Tuesday in June each\nyear, and such boards of education, boards of trustees or trustees shall\ninclude such amount in the annual school taxes of such districts and\ncertify the same to the supervisor of the town before July first each\nyear as provided in the laws applicable to such county.\n  3. The board of education or the trustees of each school district\nwithin and forming a part of such central high school district situate\nwithin the county of Nassau, within ten days after receipt of any\npayment of moneys raised by taxation as determined by the school\ndistrict assessment roll, shall pay or cause to be paid over to the\ntreasurer of such central high school district a sum of money not less\nthan an amount which bears the same ratio to such payment received by\nthe said board of education or trustees as such school district's share\nof the central high school budget bears to the total budget of such\nschool district.\n
N.Y. PBH Law § 4219 — New York Code / Act PBH / Article 42 / Title 2 / Section 4219
Arresting or attaching a dead body of a human being
Status: in_force

§ 4219. Arresting or attaching a dead body of a human being. A person\nwho arrests or attaches the dead body of a human being upon any debt or\ndemand whatever, or detains or claims to detain it for any debt or\ndemand, or upon any pretended lien or charge, is guilty of a\nmisdemeanor.\n
N.Y. PBH Law § 2325 — New York Code / Act PBH / Article 23 / Title 2 / Section 2325
Houses of prostitution; injunction; withdrawal of complaint
Status: in_force

§ 2325. Houses of prostitution; injunction; withdrawal of complaint.\n1. If the complaint in an action instituted pursuant to the provisions\nof this article, is filed by any person or association, it shall not be\ndismissed except upon a sworn statement made by the complainant and his\nattorney, setting forth the reasons why the action should be dismissed,\nand the dismissal approved by the district attorney in writing or in\nopen court.\n  2. If the judge is of the opinion that the action should not be\ndismissed, he may direct the district attorney to prosecute said action\nto judgment, and if the action is continued more than one term of court,\nexcept for good cause shown, any citizen of the county or the district\nattorney may be substituted for the complaining party and prosecute said\naction to judgment.\n
N.Y. RPT Law § 466-N — New York Code / Act RPT / Article 4 / Title 2 / Section 466-N
Ocean rescue squad members; certain municipalities
Status: in_force

§ 466-n. Ocean rescue squad members; certain municipalities. 1. (a)\nReal property owned by an enrolled member of an ocean rescue squad, or\nsuch enrolled member and spouse, residing in a town with a population\nbetween twenty-eight thousand three hundred seventy and twenty-eight\nthousand four hundred according to the two thousand twenty census shall\nbe exempt from taxation to the extent of up to ten percent of the\nassessed value of such property for city, village, town, part town,\nspecial district, school district, fire district or county purposes,\nexclusive of special assessments, provided that the governing body of a\ncity, village, town, school district, fire district or county, after a\npublic hearing, adopts a local law, ordinance or resolution providing\ntherefor.\n  (b) For the purposes of this section, an ocean rescue squad shall mean\nan entity that has been deemed as an emergency rescue squad and first\naid squad by resolution of the governing body of each municipality\npursuant to state law or special act of the legislature.\n  2. Such exemption shall not be granted to an enrolled member of an\nocean rescue squad residing in such town unless:\n  (a) the applicant resides in the city, town or village which is served\nby such ocean rescue squad;\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 ocean rescue squad, as determined by the governing\nbody of a city, village, town, school district, fire district or county;\nprovided, however, that such governing body shall establish a minimum\nservice requirement for each applicant between two years of service and\nfive years of service. It shall be the duty and responsibility of the\ngoverning body of each municipality to determine the procedure for\ncertification.\n  3. Any enrolled member of an ocean rescue squad who accrues more than\ntwenty years of active service and is so certified by the authority\nhaving jurisdiction for such ocean rescue squad, shall be granted the\nten percent exemption as authorized by this section for the remainder of\ntheir life as long as their primary residence is located within such\napplicable town provided that the governing body of each municipality\nafter a public hearing, adopts a local law, ordinance or resolution\nproviding therefor.\n  4. Any local law or ordinance adopted pursuant to this section may be\nseparately amended, or a local law, ordinance or resolution may be\nseparately adopted to continue an exemption or reinstate a pre-existing\nexemption claimed under such statutes by an enrolled member of an ocean\nrescue squad, to such deceased enrolled member's un-remarried spouse if\nsuch member is killed in the line of duty; provided, however, that:\n  (a) such un-remarried spouse is certified by the authority having\njurisdiction for the applicable ocean rescue squad as an un-remarried\nspouse of an enrolled member of an ocean rescue squad who was killed in\nthe line of duty;\n  (b) such deceased member had been an enrolled member for at least five\nyears; and\n  (c) such deceased member had been receiving the exemption prior to\ntheir death.\n  5. Any local law or ordinance adopted pursuant to this section may be\nseparately amended, or a local law, ordinance or resolution may be\nseparately adopted to continue an exemption or reinstate a pre-existing\nexemption to an un-remarried spouse of a deceased enrolled member of an\nocean rescue squad; provided, however, that:\n  (a) such un-remarried spouse is certified by the authority having\njurisdiction for the applicable ocean rescue squad as an un-remarried\nspouse of a deceased enrolled member of such incorporated ocean rescue\nsquad;\n  (b) such deceased member had been an enrolled member for at least\ntwenty years; and\n  (c) such deceased member and un-remarried spouse had been receiving\nthe exemption for such property prior to the death of such member.\n  6. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality,\nschool district and/or fire district offering such exemption on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner.\n  7. No applicant who is an ocean rescue squad member who by reason of\nsuch status is receiving any benefit under the provisions of this\narticle on the effective date of this section shall suffer any\ndiminution of such benefit because of the provisions of this section.\n
N.Y. PBA Law § 843 — New York Code / Act PBA / Article 4 / Title 2 / Section 843
Code of ethics
Status: in_force

§ 843. Code of ethics. 1. As used in this section, the term "authority\nemployee" shall mean any board member, member, officer or employee of\nthe authority.\n  2. The authority shall make available their code of ethics on their\nwebsite, which is applicable to all authority employees.\n  3. No authority employee shall have any interest, financial or\notherwise, direct or indirect, or engage in any business or transaction\nor professional activity or incur any obligation of any nature, which is\nin substantial conflict with the proper discharge of such employee's\nduties in the public interest.\n  4. (a) No authority employee shall accept other employment which will\nimpair such employee's independence of judgment in the exercise of any\nofficial duties.\n  (b) No authority employee shall accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which such employee has gained by\nreason of official position or authority.\n  (c) No authority employee shall disclose confidential information\nacquired by the employee in the course of official duties nor use such\ninformation to further personal interests.\n  (d) No authority employee shall use or attempt to use an official\nposition to secure unwarranted privileges or exemptions for such\nemployee or others.\n  (e) No authority employee shall engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich such employee has a direct or indirect financial interest that\nmight reasonably tend to conflict with the proper discharge of official\nduties.\n  (f) An authority employee shall not by conduct give reasonable basis\nfor the impression that any person can improperly influence such\nemployee or unduly enjoy favor in the performance of official duties, or\nthat such employee is affected by the kinship, rank, position or\ninfluence of any party or person.\n  (g) An authority employee shall abstain from making personal\ninvestments in enterprises which such employee has reason to believe may\nbe directly involved in decisions to be made by the employee or which\nwill otherwise create substantial conflict between duty in the public\ninterest and such employee's private interest.\n  (h) An authority employee shall endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that such employee is\nlikely to be engaged in acts that are in violation of trust.\n  (i) No authority employee employed on a full-time basis nor any firm\nor association of which such an employee is a member, where a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee, shall sell goods or services to\nany person, firm, authority or association which is licensed or whose\nrates are fixed by the authority in which such employee serves or is\nemployed.\n  (j) If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency,\nsuch authority employee shall file with the secretary of state a written\nstatement that such authority employee has such a financial interest in\nsuch activity which statement shall be open to public inspection.\n  5. In addition to any penalty contained in any other provision of law\nany such authority employee who shall knowingly and intentionally\nviolate any of the provisions of this section may be fined, suspended or\nremoved from office or employment.\n  6. The provisions of section seventy-three of the public officers law\nshall be applicable to all board members and employees of the authority.\n
N.Y. ELN Law § 9-210 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-210
Statements of canvass by canvassing boards
Status: in_force

§ 9-210. Statements of canvass by canvassing boards. Upon the\ncompletion of the canvass the canvassing board shall make statements\nthereof, showing separately the result for each office and ballot\nproposal. Each such statement shall set forth, in words written out at\nlength, all votes cast for all candidates for each office; the name of\neach candidate; the number of votes so cast for each, and, in the case\nof a candidate who was nominated by two or more parties or independent\nbodies, the number, separately stated, of votes cast for him as the\ncandidate of each party or independent body by which he was nominated;\nand all votes so cast upon any ballot proposal, and all the votes so\ncast in favor of and against the same respectively. Such statements\nshall show the total number of unrecorded or blank votes and the total\nnumber of votes cast for each office and each ballot proposal.\n  Such statements shall be certified as correct over the signatures of\nthe members of the board, or a majority of them, and such statements\ntogether with any tabulation sheets showing the vote by election\ndistricts from which such statements were made, shall be filed in the\noffice of the board of elections. The separate statement relating to\nelectors of president and vice-president shall be so filed immediately\nupon the making, signing and certification thereof. To facilitate its\nwork, the board of elections may cause copies of such tabulation sheets\nto be printed in pamphlet form.\n
N.Y. PBH Law § 233 — New York Code / Act PBH / Article 2 / Title 2-B / Section 233
New York state health service corps scholarship and fellowship program
Status: in_force

* § 233. New York state health service corps scholarship and\nfellowship program. 1. (a) New York state health service corps\nscholarships and fellowships for health corps professionals shall be\nawarded, within amounts appropriated, on a competitive basis, as\ndetermined by the commissioner, to students who: (i) are or will be\nenrolled in a program of undergraduate or graduate study to become a\nhealth care professional eligible to participate in the health service\ncorps; and\n  (ii) agree to serve in eligible institutions or facilities upon\nsatisfactory completion of their studies and upon satisfaction of\napplicable licensing and certification requirements; and\n  (iii) meet such other requirements as the commissioner, in\nconsultation with the commissioners of education, correctional services,\nmental health, mental retardation and developmental disabilities, the\ncommission for the blind and visually handicapped and the president of\nthe civil service commission, may establish.\n  (b) In selecting students to be awarded such scholarships or\nfellowships, preference shall be given to students in the following\norder: (i) New York state residents who attend or plan to attend a\nprogram of undergraduate or graduate study located in New York state;\n(ii) New York state residents who attend or plan to attend a program of\nundergraduate or graduate study located out-of-state; and (iii) persons\nwho are not residents of New York state who attend or plan to attend a\nprogram of undergraduate or graduate study located in New York state.\n  (c) The commissioner shall, pursuant to agreement with the appropriate\nagency, allocate, to the extent possible, the placement of award\nrecipients to each catchment area or region, as defined by such agency,\nin which an eligible institution or facility is located.\n  2. Within such time as the commissioner shall by regulation provide, a\nrecipient of an award shall have practiced as a health corps\nprofessional in an eligible institution or facility for that number of\nmonths calculated by multiplying by eighteen the number of annual awards\nreceived by the recipient. If a recipient fails to comply fully with\nsuch conditions, the president shall be entitled to receive from such\nrecipient an amount to be determined by the formula:\n                               A = 2B(T-S)\n                                       t\nIn which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all payments made to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis subdivision shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this condition. Any\nobligation to comply with such provisions shall be cancelled upon the\ndeath of the recipient. The commissioner of health shall promulgate\nregulations to provide for the waiver or suspension of any financial\nobligation when compliance would involve extreme hardship.\n  3. A recipient of an award shall report semi-annually to the\npresident, on forms prescribed by him, as to the performance of the\nrequired services or the recipient's current status, commencing with the\ncalendar year of the first award and continuing until the recipient\nshall have completed, or until it is determined he or she shall not be\nobligated to complete, the required services. The president may also\nrequire the recipient to file a report on his or her current status\nprior to completion of professional training during any calendar year in\nwhich an application for an additional award is not filed. The president\nshall make available any reports required hereunder to the commissioner.\nIf the recipient shall fail to file any report required hereunder within\nthirty days of written notice to the recipient, mailed to the address\nshown on the last application for an award or last report filed,\nwhichever is later, the president may impose a fine of up to one\nthousand dollars. The president shall have the discretion to waive the\nfiling of a report, excuse a delay in filing, or a failure to file a\nreport, or waive or reduce any fine imposed for good cause shown.\n  * NB Expired July 18, 1996\n
N.Y. PBA Law § 1036 — New York Code / Act PBA / Article 5 / Title 2 / Section 1036
Referendum
Status: in_force

* § 1036. Referendum. No bonds shall be issued under this title by the\nauthority in an aggregate amount at any time outstanding exceeding ten\nmillion dollars. No such bonds shall be issued by the authority without\nthe approval of a majority of the electors of the district voting on the\nquestion of such approval. Such question may be submitted by the board\nof supervisors either at a general election or a special election called\nfor such purpose. The question submitted to the electors of the district\nshall be: "Shall the authority issue not exceeding (filling in the\namount) dollars bonds under the Albany Light, Heat and Power Authority\nAct?" If such proposition is adopted, the authority may issue bonds\nunder the power so given. The submission of such question and the\nconduct of and canvass of the votes cast at such election in the\ndistrict shall be provided for by the board of supervisors as nearly as\nmay be in accordance with the provisions of the election law. Notice of\nthe submission of such question and a general statement of the purposes\nto which the proceeds of the bonds are to be applied shall be published\nin the official newspapers of the county, designated by the board of\nsupervisors, once a week for six weeks immediately preceding such\nelection. At any time prior to the election at which such question is to\nbe submitted to the electors for approval, the board of supervisors may,\nnot later than fifteen days prior to such election, rescind its action\nin submitting the same whereupon such question shall not be submitted at\nsuch election, or, if submitted, the vote of the electors thereon shall\nbe without effect. Neither the submission of such question nor the\nvalidity or result of such election shall be questioned in any court or\nelsewhere except in an action or proceeding commenced not later than\ntwenty days after the determination of such result by the county board\nof canvassers has been filed in the office of the county board of\nelections.\n  * NB Terminated July 1, 1963\n