N.Y. DOM Law § 115-D — New York Code / Act DOM / Article 7 / Title 3 / Section 115-D
Petition for certification
Status: in_force

§ 115-d. Petition for certification. 1. Except as provided for in\nsubdivision eight of this section, a person or persons petitioning for\ncertification as a qualified adoptive parent or parents shall upon a\nform, promulgated by the chief administrator of the courts, provide to\nthe court:\n  (a) the applicant's name or applicants' names, residential address and\ntelephone number;\n  (b) a statement by the applicant or applicants that they are seeking\ncertification by the court as a person or persons qualified to take\nphysical custody of an infant prior to or contemporaneous with the\nfiling of a private-placement adoption petition;\n  (c) a statement by the applicant or applicants as to whether such\napplicant or applicants have been the subject of an indicated report of\nchild abuse or maltreatment, pursuant to title six of article six of the\nsocial services law; and\n  (d) a statement that a pre-placement investigation will be undertaken\nby a disinterested person, as such term is defined in subdivision four\nof this section, and that a written report of such investigation will be\nfurnished directly to the court by such disinterested person with a copy\nof such report to be delivered simultaneously to the applicant or\napplicants. Such disinterested person shall certify to the court that he\nor she is a disinterested person and has no interest in the outcome of\nthe party's or parties' application. Such disinterested person shall\nfurther disclose to the court any fee paid or to be paid to such person\nfor services rendered in connection with the pre-placement\ninvestigation.\n  Such petition shall also require information regarding:\n  (i) the marital and family status and history of the adoptive parent\nor parents;\n  (ii) the physical and mental health of the adoptive parent or parents;\n  (iii) the property owned by and the income of adoptive parent or\nparents;\n  (iv) whether the adoptive parent or either of the adoptive parents has\never been a respondent in any proceeding concerning allegedly abused,\nneglected, abandoned or delinquent children; and\n  (v) whether the applicant or applicants have made any prior\napplication for certification as a qualified adoptive parent or parents\nand, if so, the disposition of such application for certification.\n  2. In any case where the applicant or applicants do not intend to\ncause a pre-placement investigation to be undertaken pursuant to the\nprovisions of paragraph (d) of subdivision one of this section, such\napplicant or applicants shall request the court to appoint a\ndisinterested person to conduct such pre-placement investigation. The\ninvestigative written report shall be submitted to the judge or\nsurrogate within thirty days, unless for good cause shown the judge or\nsurrogate shall grant a reasonable extension of such period.\n  3. Such applicant or applicants shall be financially responsible for\nthe costs of any pre-placement investigation conducted pursuant to\nsubdivision one or two of this section.\n  3-a. (a) The court shall submit fingerprint cards and order a report\nfrom the division of criminal justice services setting forth any\nexisting criminal history record of the applicant for certification as a\nqualified adoptive parent.\n  (b) Notwithstanding any other provision of law to the contrary, a\npetition for certification as a qualified adoptive parent shall be\ndenied where a criminal history record of the applicant reveals a\nconviction for (i) a felony conviction at any time involving: (1) child\nabuse or neglect; (2) spousal abuse; (3) a crime against a child,\nincluding child pornography; or (4) a crime involving violence,\nincluding rape, sexual assault, or homicide, other than a crime\ninvolving physical assault or battery; or (ii) a felony conviction\nwithin the past five years for physical assault, battery, or a\ndrug-related offense.\n  (c) For the purposes of this subdivision, "spousal abuse" is an\noffense defined in section 120.05, 120.10, 121.12, or 121.13 of the\npenal law where the victim of such offense was the defendant's spouse;\nprovided, however, spousal abuse shall not include a crime in which the\napplicant was the defendant, and the court finds in accordance with this\nsubdivision that he or she was the victim of physical, sexual or\npsychological abuse by the victim of such offense and such abuse was a\nfactor in causing the applicant to commit such offense.\n  4. A pre-placement investigation conducted pursuant to the provisions\nof this section shall be made by a disinterested person who in the\nopinion of the judge or surrogate is qualified by training and\nexperience to examine into the allegations set forth in the application\nand any other factors which may be relevant to the suitability of the\napplicant or applicants as a qualified adoptive parent or parents. For\nthe purposes of this section, a disinterested person shall also include\na licensed master social worker, licensed clinical social worker, the\nprobation service of the family court or an authorized agency\nspecifically designated by the court to conduct pre-placement\ninvestigations.\n  5. Such disinterested person shall file with the court a written\nreport of his or her investigation into the truth and accuracy of the\nallegations set forth in the application and his or her investigation of\nthe various factors which may be relevant to the suitability of the\napplicant or applicants as qualified adoptive parents. Such\ninvestigation shall include, but not be limited to, a personal interview\nand visit at the applicant's or applicants' home and an investigation of\nany other facts relating to the familial, social, religious, emotional\nand financial circumstances of the adoptive parent or parents which may\nbe relevant to certification as a qualified adoptive parent or parents.\n  6. Certification and provisional certification. If after consideration\nof the report submitted by the disinterested person, and all other\nrelevant and material factors, the court grants the application, the\napplicant or applicants may accept physical custody of a child for the\npurposes of adoption, either prior to or contemporaneous with the filing\nof an adoption petition. The order granting the petition shall be valid\nfor a period not to exceed eighteen months and shall be accepted as\nproof of certification by any court of competent jurisdiction within the\nstate. The court may in its discretion grant a conditional order of\ncertification upon satisfactory completion and submission of a petition\nwherein the prospective adoptive parent or parents indicate no prior\ncriminal convictions or founded findings of child abuse or neglect, and\nafter completion of a disinterested person investigation provided for in\nthis section, pending completion of any further reports, investigations\nor inquiries ordered by the court or required by any other statute or\ncourt rule. A conditional order of certification shall be valid and\nremain in force and effect until replaced by an order of certification\nor by an order denying the petition, whichever shall first occur, but in\nno event shall such provisional certification continue beyond one\nhundred eighty days from the date of original issuance. If the court\ndenies the petition, the reasons for such denial shall be stated on the\nrecord or in the order.\n  7. Nothing in this section shall be deemed to waive, limit or restrict\nthe provisions of any other law requiring any inquiry, disinterested\nperson investigation or court review of any persons seeking to adopt a\nchild under any provision of law.\n  8. The provisions of this section shall not apply to petitions brought\nby a step-parent for the adoption of a step-child where the step-child\nhas resided with the birth parent and the step-parent for a continuous\nperiod of at least one year.\n  9. Extension of certification. When a petition for adoption is filed\nby a qualified parent or parents previously certified and the balance of\nthe time period remaining under such certification in accordance with\nsubdivision six of this section is less than one year, the court may on\nits own motion or on the motion of the petitioners extend the time\nperiod of the original certification to a date eighteen months from the\ndate of filing of the adoption petition. When a petition for adoption is\nfiled by a qualified parent or parents who have previously been\ncertified by an order which has expired within a year preceding the date\nof the adoption petition, the court may extend the termination date of\nthe earlier certification until eighteen months from the filing of such\npetition, provided the petitioner apply for such extension and set forth\nany change of circumstances of the qualified parent or parents since\nissuance and expiration of the last certification which may be relevant\nand material to the extension of such certification and affix thereto\nwritten verification of any such changed circumstance or lack thereof by\na disinterested person as defined in subdivision four of this section.\nExcept as is provided for by this subdivision, the court shall not\nextend a previously expired order of certification. Any further\ncertification shall require the filing of a new petition for\ncertification in accordance with subdivision six of this section.\n  In any instance when the court determines whether to extend a\ncertification under this subdivision, the court, in its discretion, may\norder each or any of (a) a report from the statewide central registry of\nchild abuse and maltreatment to determine whether the child or the\npetitioner is or has been the subject of or another person named in an\nindicated report, as such terms are defined in section four hundred\ntwelve of the social services law, filed with such register, (b) a\nreport from the division of criminal justice services setting forth any\ncriminal record of such petitioner or petitioners, and (c) an additional\npre-placement investigation to be undertaken by a disinterested person.\nNothing herein shall be deemed to require that the court enter such an\norder.\n
N.Y. RPT Law § 1126 — New York Code / Act RPT / Article 11 / Title 3 / Section 1126
Declaration of interest
Status: in_force

§ 1126. Declaration of interest. 1. Any mortgagee, lienor, lessee or\nother person having a legally protected interest in real property who\nwishes to receive copies of the notices required by this article may\nfile with the enforcing officer a declaration of interest on a form\nprescribed by the commissioner. Such declaration shall include the name\nand mailing address of the person submitting such declaration, a\ndescription of the parcel or parcels in which such person claims an\ninterest, and a description of the nature of such interest. A\ndeclaration of interest shall be effective upon filing and shall expire\non the last day of the tenth calendar year commencing thereafter, unless\nextended or cancelled as provided herein.\n  2. The declarant, or his or her successor in interest, may obtain an\nextension or reinstatement of a declaration of interest one or more\ntimes on a form prescribed by the commissioner. Such extension shall\nexpire on the last day of the tenth calendar year commencing after the\nfiling thereof.\n  3. The declarant, or his or her successor in interest, shall amend or\ncancel a declaration of interest, on a form prescribed by the\ncommissioner, upon the transfer or termination of such interest, or upon\na change of address of the declarant or his or her successor in\ninterest.\n
N.Y. VAT Law § 396 — New York Code / Act VAT / Title 3 / Article 12 / Section 396
Use of state and other seals and insignia on private vehicles prohibited
Status: in_force

§ 396. Use of state and other seals and insignia on private vehicles\nprohibited.  1. A person who shall use any seal, device of arms, sign,\nlettering or insignia of the United States, or of this state or\npolitical subdivision thereof, on any vehicle not owned or used by the\nUnited States, this state or by such political subdivision thereof,\nwhich such seal, device of arms, sign, lettering or insignia represents,\nis guilty of a traffic infraction.\n  2. A person who shall use or display the words "Police Department,"\n"Police" or any sign, lettering or device with the letters "P.D.," or\nany other matter indicating ownership, possession or use by a police\ndepartment, on any motor vehicle or motor cycle not used by a duly\norganized police department within this state and not actually operated\nor used by a member or an employee of a duly organized police department\non any public highway, is guilty of a traffic infraction.\n  3. A person who shall use or display the words "Fire Department,"\n"Fire" or any sign, lettering or device with the letters "F.D.N.Y.," or\nany other matter indicating ownership, possession or use by a fire\ndepartment, on any motor vehicle or motor cycle not used by a duly\norganized fire department within this state and not actually operated or\nused by a member or an employee of a duly organized fire department on\nany public highway, is guilty of a traffic infraction.\n
N.Y. PBA Law § 2851 — New York Code / Act PBA / Article 9 / Title 3 / Section 2851
Age not to be bar to employment by public authorities
Status: in_force

§ 2851. Age not to be bar to employment by public authorities. No\npublic authority shall hereafter prohibit, prevent, disqualify or\ndiscriminate against any person applying for employment by, such\nauthority, who is physically and mentally qualified, or from competing,\nparticipating or registering for a position, or be penalized in a final\nrating for any position, by reason of his or her age. Any existing rule,\nregulation, penalty or requirement resolution preventing the hiring of\npersons because of age shall be void, except that nothing herein\ncontained, shall prevent any public authority from adopting reasonable\nminimum or maximum age requirements for positions such as police\nofficer, firefighter, guard or other positions which require\nextraordinary physical effort except where age limits for such positions\nare already prescribed by law.\n  Notwithstanding any provisions to the contrary, no person who is\nphysically or mentally qualified may be disqualified from, competing,\nparticipating or registering for a promotional examination or be\npenalized in a final rating or barred from promotion after having passed\nsuch promotion examination by reason of his or her age, by any public\nauthority.\n
N.Y. VAT Law § 398-D — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-D
Motor vehicle repair shop requirements
Status: in_force

§ 398-d. Motor vehicle repair shop requirements. 1. All work done by a\nmotor vehicle repair shop shall be recorded on an invoice and shall\ndescribe all service work done and parts supplied. If any used parts are\nsupplied, the invoice shall clearly state that fact. If any component\nsystem installed is composed of new and used parts, such invoice shall\nclearly state that fact. If any body parts are supplied to a vehicle\nwith a gross vehicle weight not in excess of eighteen thousand pounds,\nthe invoice shall clearly state whether such parts were manufactured as\noriginal equipment parts for the vehicle, or were manufactured as\nnon-original replacement parts or are used parts. One copy of the\ninvoice shall be given to the customer and one copy shall be retained by\nthe motor vehicle repair shop. For the purposes of insuring that the\nrepairs described on the work invoice have been performed, every\ncustomer and his representative or a representative of an insurance\ncompany where such company has paid or is liable to pay a claim for\ndamage to such customer's motor vehicle shall have a right to inspect\nthe repaired motor vehicle. Such right of inspection shall also include\nthe right to inspect all replaced parts and components thereof, except\nwarranty or exchange parts. Provided, however, the exception for\nwarranty or exchange parts from the right of inspection shall not apply\nto replacement inflatable restraint systems. Any such inspection by an\ninsurer shall be made in a manner consistent with the requirements of\nsections two thousand six hundred one and three thousand four hundred\neleven of the insurance law. The motor vehicle repair shop shall make\navailable to the customer, upon timely written demand, or for such work\nauthorized over the telephone, shall keep until the customer's motor\nvehicle is retrieved, all replaced parts, components or equipment\nexcepting any parts, components or equipment normally sold on an\nexchange basis or subject to a warranty.\n   2. Upon the request of any customer, a motor vehicle repair shop\nshall make an estimate in writing of the parts and labor necessary for a\nspecific job and shall not charge for work done or parts supplied in\nexcess of the estimate without the consent of such customer. The motor\nvehicle repair shop may charge a reasonable fee for making an estimate.\nIf any body parts are included in the estimate for a vehicle with a\ngross vehicle weight not in excess of eighteen thousand pounds, the\nestimate shall clearly state whether such parts were manufactured as\noriginal equipment parts for the vehicle, or were manufactured as\nnon-original replacement parts or are used parts.\n  3. Each motor vehicle repair shop shall maintain such records as are\nrequired by the regulations of the commissioner and such records shall\nbe available for inspection by the commissioner or his designee during\nall business hours. Where a motor vehicle repair shop changes its name\nor location, notification thereof shall be given to the commissioner not\nmore than ten days therefrom.\n  4. (a) Every motor vehicle repair shop shall display in a conspicuous\nplace in such shop a sign stating: PURSUANT TO SECTION 2610 OF THE\nINSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE\nTO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A\nRIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.\n  (b) Such sign shall be made of a durable material capable of\nwithstanding outdoor climatic conditions, with the letters being at\nleast two inches high and having a stroke of at least one-half inch. The\nletters and background shall be of contrasting colors.\n  5. Every person who shall write any auto body repair estimate on\nbehalf of a motor vehicle repair shop, whether registered or not, must\nhold a valid estimator's license for such purpose issued by the\ncommissioner.  The form and manner of applying for such license shall be\nprescribed by regulation to be promulgated by the commissioner. The\ncommissioner shall in the commissioner's discretion establish criteria\nfor the issuing of such license. Each application for the license\nrequired hereunder shall be accompanied by an application fee of\ntwenty-five dollars which shall in no event be refunded. If an\napplication is approved by the commissioner, upon payment by the\napplicant of the additional fee of one hundred fifty dollars, the\napplicant shall be granted such license which shall be valid for a\nperiod of three years. The renewal fee for any license issued pursuant\nto this subdivision shall be one hundred fifty dollars.\n  5-a. All the provisions of section three hundred ninety-eight-f of\narticle twelve-A of this chapter shall apply to the provisions of\nsubdivision five of this section with the same force and effect as if\nthe language of those provisions had been incorporated in full into\nsubdivision five of this section and had expressly referred to the term\ncollision estimator licensee, except that the term "certificate of\nregistration" shall be read as "estimator's license" and the term\n"registrant" as "licensee".\n  6. (a) In addition to the requirements of subdivision one of this\nsection, if an inflatable restraint system is replaced, the motor\nvehicle repair shop shall state on the repair invoice the name and tax\nidentification number from whom such replacement inflatable restraint\nsystem was purchased. The vehicle repair shop shall, in the case of any\nsalvaged inflatable restraint system installed, also state on the repair\ninvoice the vehicle dismantler's registration number, the vehicle\nidentification number of the vehicle from which the inflatable restraint\nsystem was salvaged and the part number of the salvaged inflatable\nrestraint system. The insurer and the consumer shall receive a copy of\nthe purchase invoice for such replacement inflatable restraint systems.\n  (b) An inflatable system which has been activated in a crash or stolen\nshall be replaced only with an inflatable restraint system newly\nmanufactured for first-time use.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, an inflatable restraint system may be replaced by one\nsalvaged and sold by a vehicle dismantler registered pursuant to section\nfour hundred fifteen-a of this chapter, provided, however, that the\nsalvaged inflatable restraint system has been sold in accordance with\nthe provisions of section four hundred fifteen-c of this chapter.\n  (d) Notwithstanding any other provisions of law to the contrary, a\nconsumer has the right to seek installation of a salvaged inflatable\nrestraint system as provided in paragraph (c) of this subdivision,\nprovided however, nothing shall require any facility to install a\nsalvaged inflatable restraint system. A salvage installation shall only\nbe done with the specific authorization of the customer. The invoice\nmust prominently state, "Salvage inflatable restraint system." No other\nterms such as "used" or "as is" shall be used. The invoice must clearly\nstate the terms of the warranty or guarantee, if given, or state "No\nwarranty or guarantee given." A salvaged inflatable restraint system\nmust be of the exact same type as the unit with which the vehicle was\noriginally equipped.\n  (e) On and after March first, nineteen hundred ninety-nine, in no case\nshall any inflatable restraint system be replaced with anything other\nthan a newly manufactured inflatable restraint system or a salvaged\ninflatable restraint system certified according to standards established\nby a nationally recognized testing, engineering and research body as\nprovided for in subdivision two of section four hundred fifteen-c of\nthis chapter.\n   7. Each motor vehicle repair shop which either removes or installs\ninflatable restraint systems shall maintain a log book containing the\nfollowing information: (a) the date of installation, (b) the vehicle\nidentification number, license plate number, and make and model of the\nrepaired vehicle, (c) the replacement inflatable restraint system's part\nnumber, (d) in the case of a salvaged inflatable restraint system, (1)\nthe vehicle identification number of the vehicle from which the\nreplacement inflatable restraint system was salvaged, and (2) the name,\ntax identification number, and registration number of the automobile\ndismantler from whom such salvaged inflatable restraint system was\npurchased, (e) in the case of a new replacement inflatable restraint\nsystem, the name and tax identification number of the supplier. Such\nrecords shall be maintained in a manner and form prescribed by the\ncommissioner. Upon request of an agent of the commissioner or of any\npolice officer and during its regular and usual business hours, the\nmotor vehicle repair shop shall produce such records and permit said\nagent or police officer to examine them.\n
N.Y. PBA Law § 567 — New York Code / Act PBA / Article 3 / Title 3 / Section 567
Remedies of bondholders
Status: in_force

§ 567. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds the holders of\ntwenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of New York, or Queens or the Bronx or\nKings and proved or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such bonds\nfor the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority and the board\nto collect tolls and rentals adequate to carry out any agreement as to,\nor pledge of, such tolls and rentals, and to require the authority and\nthe board to carry out any other agreements with the holders of such\nbonds and to perform its and their duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of New York,\nQueens, the Bronx, or Kings.\n  4. Before declaring the principal of all such bonds due and payable\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the tolls or other revenues of which are pledged for the\nsecurity of the bonds of such issue and such receiver may enter and take\npossession of such part or parts of the project and subject to any\npledge or agreement with bondholders shall take possession of all moneys\nand other property derived from or applicable to the construction,\noperation, maintenance and reconstruction of such part or parts of the\nproject and proceed with any construction thereon which the authority is\nunder obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all tolls and other\nrevenues thereafter arising therefrom subject to any pledge thereof or\nagreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany tolls, rentals and other revenues derived from such project.\n  6. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. LAB Law § 271 — New York Code / Act LAB / Article 11 / Title 3 / Section 271
Requirements for buildings erected before October first, nineteen hundred and thirteen
Status: in_force

§ 271. Requirements for buildings erected before October first,\nnineteen hundred and thirteen. No factory shall be conducted in a\nbuilding erected before October first, nineteen hundred thirteen, and\nnot occupied or used as a factory building on July first, nineteen\nhundred forty-eight, unless such building shall conform to the\nrequirements of section two hundred seventy. No factory shall be\nconducted in a building erected before October first, nineteen hundred\nthirteen and occupied or used as a factory building on July first,\nnineteen hundred forty-eight, unless such building shall conform to the\nfollowing requirements:\n  1. Required exits. a. On each floor used as a factory there shall be\nat least two exits remote from each other, except that a single exit may\nbe accepted by the commissioner from a floor or other area, of one\nthousand square feet or less, so long as no person is regularly employed\non such floor or other area. One such exit on each floor shall be either\na grade exit, an interior stairway enclosed as hereinafter provided or\nramp similarly enclosed, or an exterior fireproof enclosed stairway. The\nother shall be: either such a grade exit, stairway or ramp; or a\nhorizontal exit; or an exterior screened stairway; or outside\nfire-escapes on a building six stories or less in height, except such\nfire-escapes shall not be accepted as a required exit in such buildings\nor particular classes thereof where the board finds that they will not\nin its opinion furnish adequate and safe means of escape for occupants\nin case of fire. Unenclosed exterior stairways or ramps extending up to\ngrade may be substituted for enclosed stairways from a floor area below\nthe ground floor.\n  b. No point on any floor above or below the ground floor shall be more\nthan one hundred feet distant from the entrance to one such exit at that\nfloor nor more than one hundred and fifty feet distant from such exit if\nthe building has an automatic sprinkler system conforming to section two\nhundred and eighty and the rules of the board. No point in any ground\nfloor area shall be more than two hundred feet distant from an exit from\nthat floor and in a sprinklered building more than two hundred and fifty\nfeet distant from such exit.\n  c. If safe egress may be had from the roof to an adjacent structure\nevery stairway serving as a required exit in a building exceeding two\nstories in height shall be extended to the roof. All such stairways\nshall extend to the first story and lead to the street or to an\nunobstructed passageway leading to a street or road or to an open area\naffording safe passage to a street or road.\n  2. Stairway enclosures. All interior stairways serving as required\nexits and the landings, platforms and passageways connected therewith\nshall be enclosed on all sides by partitions of fire-resisting material\nextending continuously from the basement to the roof. Where the stairway\ncontinues to the top floor such partitions shall extend to three feet\nabove the roof or to the roof if it is fireproof. All such partitions\nand doors provided for openings therein shall be constructed in\naccordance with rules adopted by the board.\n  3. Doors. Where five or more persons are employed on any floor of a\nfactory building all doors on such floor leading to or opening on any\nexit shall open outwardly or be double swinging doors. All exit doors in\nthe first story, including the doors of the vestibule, shall open\noutwardly.\n
N.Y. ELD Law § 242 — New York Code / Act ELD / Article 2 / Title 3 / Section 242
Program eligibility
Status: in_force

§ 242. Program eligibility.  1. Persons eligible for comprehensive\ncoverage under section two hundred forty-seven of this title shall\ninclude:\n  (a) any unmarried resident who is at least sixty-five years of age and\nwhose income for the calendar year immediately preceding the effective\ndate of the annual coverage period beginning on or after January first,\ntwo thousand five, is less than or equal to twenty thousand dollars.\nAfter the initial determination of eligibility, each eligible individual\nmust be redetermined eligible at least every twenty-four months; and\n  (b) any married resident who is at least sixty-five years of age and\nwhose income for the calendar year immediately preceding the effective\ndate of the annual coverage period when combined with the income in the\nsame calendar year of such married person's spouse beginning on or after\nJanuary first, two thousand one, is less than or equal to twenty-six\nthousand dollars. After the initial determination of eligibility, each\neligible individual must be redetermined eligible at least every\ntwenty-four months.\n  2. Persons eligible for catastrophic coverage under section two\nhundred forty-eight of this title shall include:\n  (a) any unmarried resident who is at least sixty-five years of age and\nwhose income for the calendar year immediately preceding the effective\ndate of the annual coverage period beginning on or after January first,\ntwo thousand one, is more than twenty thousand and less than or equal to\nseventy-five thousand dollars. After the initial determination of\neligibility, each eligible individual must be redetermined eligible at\nleast every twenty-four months; and\n  (b) any married resident who is at least sixty-five years of age and\nwhose income for the calendar year immediately preceding the effective\ndate of the annual coverage period when combined with the income in the\nsame calendar year of such married person's spouse beginning on or after\nJanuary first, two thousand one, is more than twenty-six thousand\ndollars and less than or equal to one hundred thousand dollars. After\nthe initial determination of eligibility, each eligible individual must\nbe redetermined eligible at least every twenty-four months.\n  3. (a) Eligibility for assistance under this title shall not be\ngranted to any person who at the time an application is made is\nreceiving medical assistance under section three hundred sixty-six of\nthe social services law, or to any person receiving equivalent or better\ncoverage from any other public or private third party payment source or\ninsurance plan than those benefits provided for under this title.\n  (b) An individual who is determined eligible for assistance under this\ntitle whose prescription costs are covered in part by any public or\nprivate plan may receive reduced assistance under this title. In such\ncases, benefits provided through this title shall be considered payments\nof last resort.\n  (c) The participant registration fee charged to eligible program\nparticipants for comprehensive coverage pursuant to section two hundred\nforty-seven of this title shall be waived for the portion of the annual\ncoverage period that the participant is also enrolled as a full subsidy\nindividual in a prescription drug or MA-PD plan under part D of title\nXVIII of the federal social security act.\n  (e) As a condition of eligibility for benefits under this title, if a\nprogram participant's income indicates that the participant could be\neligible for an income-related subsidy under section 1860D-14 of the\nfederal social security act by either applying for such subsidy or by\nenrolling in a medicare savings program as a qualified medicare\nbeneficiary (QMB), a specified low-income medicare beneficiary (SLMB),\nor a qualifying individual (QI), a program participant is required to\nprovide, and to authorize the elderly pharmaceutical insurance coverage\nprogram to obtain, any information or documentation required to\nestablish the participant's eligibility for such subsidy, and to\nauthorize the elderly pharmaceutical insurance coverage program to apply\non behalf of the participant for the subsidy or the medicare savings\nprogram. The elderly pharmaceutical insurance coverage program shall\nmake a reasonable effort to notify the program participant of his or her\nneed to provide any of the above required information. After a\nreasonable effort has been made to contact the participant, a\nparticipant shall be notified in writing that he or she has sixty days\nto provide such required information. If such information is not\nprovided within the sixty day period, the participant's coverage may be\nterminated.\n  (f) As a condition of eligibility for benefits under this title, a\nprogram participant is required to be enrolled in Medicare part D and to\nmaintain such enrollment. For unmarried participants with individual\nannual income less than or equal to twenty-three thousand dollars and\nmarried participants with joint annual income less than or equal to\ntwenty-nine thousand dollars, the elderly pharmaceutical insurance\ncoverage program shall pay for the portion of the part D monthly premium\nthat is the responsibility of the participant. Such payment shall be\nlimited to the low-income benchmark premium amount established by the\nfederal centers for medicare and medicaid services and any other amount\nwhich such agency establishes under its de minimus premium policy.\n  (h) The elderly pharmaceutical insurance coverage program is\nauthorized to represent program participants under this title with\nrespect to their Medicare part D coverage.\n  (i) An individual who is determined to be eligible for assistance\nunder this article shall not become ineligible based upon income solely\nbecause of an increase in either a public or private pension or an\nincrease in social security benefits as provided under federal law where\nsuch increase does not exceed the consumer price index (all items United\nStates city average) for such year. This provision shall be limited to\none subsequent calendar year.\n  4. As a condition of eligibility for benefits under this title,\nparticipants must be enrolled in medicare part D and maintain such\nenrollment. For persons who meet the eligibility requirements to\nparticipate in the elderly pharmaceutical insurance coverage program,\nthe program will pay for a drug covered by the person's medicare part D\nplan or a drug in a medicare part D excluded drug class, as defined in\nsubdivision eight of section two hundred forty-one of this title,\nprovided that such drug is a covered drug, as defined in subdivision one\nof section two hundred forty-one of this title, and that the participant\ncomplies with the point of sale co-payment requirements set forth in\nsections two hundred forty-seven and two hundred forty-eight of this\ntitle. No payment shall be made for medicare part D plan deductibles.\n
N.Y. ENV Law § 9-0305 — New York Code / Act ENV / Article 9 / Title 3 / Section 9-0305
Signs and advertising in Adirondack and Catskill parks
Status: in_force

§ 9-0305 Signs and advertising in Adirondack and Catskill parks.\n  1. In order to conserve the natural beauty of the Adirondack and\nCatskill parks, to preserve and regulate the said parks for public uses\nfor the resort of the public for recreation, pleasure, air, light and\nenjoyment, to keep them open, safe, clean, and in good order for the\nwelfare of society, and to protect and conserve the investment of the\nstate in forest lands, campsites and other interests in real property in\nsaid parks, no person shall erect or maintain within the boundaries\nthereof any advertising sign, advertising structure or device of any\nkind, except under written permit from the department. The provisions of\nthis section shall not apply to signs erected or maintained upon a\nparcel of real property in connection with the principal business or\nprincipal businesses conducted thereon and which advertise such business\nor businesses only, or to signs within the limits of an incorporated\nvillage.\n  As to signs, structures or devices existing within the Catskill park\non May 26, 1969, and which require a permit pursuant to this section,\nthe same may continue to be maintained without permit until January 1,\n1976 provided that the property owner or owner of such sign, structure\nor device registers the same with the department on or before January 1,\n1972.\n  As to signs, structures or devices existing on May 31, l972 in those\nportions of the Adirondack park added thereto by chapter six hundred\nsixty-six of the laws of nineteen hundred seventy-two, and which require\na permit pursuant to this section, the same may continue to be\nmaintained without permit until January 1, 1978, provided that the\nproperty owner or owner of such sign, structure or device registers the\nsame with the department on or before January 1, 1975.\n  2. Whenever a sign, structure or device has been erected or is being\nmaintained in violation of the provisions of subdivision one of this\nsection, the commissioner shall cause a notice of such violation,\nspecifying as nearly as may be the nature and location of such sign,\nstructure or device, to be personally served upon the owner of record of\nthe real property upon which the same is located, hereinafter referred\nto as the property owner. In addition, a copy of such notice shall be\npersonally served upon the owner of such sign, structure or device, if\nhis name and address and the fact that he is the owner is clearly\nindicated thereon.\n  3. The property owner or the owner of such sign, structure or device\nshall remove the same within ten days from the date of the last service\nof such notice or copy thereof as hereinabove specified. In the event of\nthe failure of the property owner or the owner to remove such sign,\nstructure or device within such ten day period, the commissioner may\ncause an agent or employee of the department to enter upon the property\nwhere such sign, structure or device is located and to remove the same.\n  4. No action for trespass or damages shall lie on account of entry\nupon private property by an authorized agent or employee of the\ndepartment engaged in carrying out any of the provisions of this\nsection.\n
N.Y. PBA Law § 1470-L — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-L
Bonds legal investments for public officers and fiduciaries
Status: in_force

* § 1470-l. Bonds legal investments for public officers and\nfiduciaries.  The bonds are hereby made securities in which all public\nofficers, and bodies of this state and all municipalities and municipal\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, and all other persons\nwhatsoever who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them. The bonds are\nalso hereby made securities which may be deposited with and shall be\nreceived by all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions for any purpose for which the\ndeposit of bonds or other obligations of this state is now or may\nhereafter be authorized.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 3957 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3957
County financial plans
Status: in_force

§ 3957. County financial plans.  1. Commencing with the county's two\nthousand six fiscal year, the county executive shall prepare and submit\nto the authority a four-year financial plan, and the county executive's\nproposed county budget, not later than the date required for submission\nof such budget to the legislature pursuant to the county charter. Such\nfinancial plan shall, in addition to the requirements for financial\nplans set forth in subdivisions two and three of this section, contain\nactions sufficient to ensure with respect to the major operating funds\nfor each fiscal year of the plan that annual aggregate operating\nexpenses for such fiscal year shall not exceed annual aggregate\noperating revenues for such fiscal year. For purposes of determining\noperating revenues in the fiscal years two thousand five through two\nthousand nine, such plan may assume receipt by the county of ECFSA\nassistance in the following collective amounts for each respective\nfiscal year:\n          Amount              Fiscal Year\n          2005 amount         2005\n          2006 amount         2006\n          2007 amount         2007\n          2008 amount         2008\n          2009 amount         2009\nAs used in this subdivision:\n"2005 amount" means that amount expected to be provided by the authority\nto   ensure   balanced   major   operating   fund  operations  upon  its\ndetermination that the county has taken recurring actions subsequent  to\nJune  first,  two  thousand  five  to close at a minimum between ten per\ncentum and fifteen per centum of the projected gap.\nProvided, however, for this purpose "projected  gap"  means  the  amount\nidentified  by  a  report  of the state comptroller in June two thousand\nfive.\n"2006 amount" means that amount expected to be provided by the authority\nto  ensure  balanced  major   operating   fund   operations   upon   its\ndetermination  that the county has taken recurring actions to close at a\nminimum between thirty-five per centum  and  forty  per  centum  of  the\nprojected gap.\n"2007 amount" means that amount expected to be provided by the authority\nto   ensure   balanced   major   operating   fund  operations  upon  its\ndetermination that the county has taken recurring actions to close at  a\nminimum  between  forty-five  per  centum  and  fifty  per centum of the\nprojected gap.\n"2008 amount" means that amount expected to be provided by the authority\nto  ensure  balanced  major   operating   fund   operations   upon   its\ndetermination  that the county has taken recurring actions to close at a\nminimum between sixty per  centum  and  sixty-five  per  centum  of  the\nprojected gap.\n"2009 amount" means that amount expected to be provided by the authority\nto   ensure   balanced   major   operating   fund  operations  upon  its\ndetermination that the county has taken recurring actions to close at  a\nminimum  between  eighty  per  centum  and eighty-five per centum of the\nprojected gap.\n  2. Pursuant to the procedures contained in this subdivision, each year\nduring an advisory period or during a control period the county shall\ndevelop, and may from time to time modify, taking into account\nrecommendations of the authority, a four-year financial plan covering\nthe county and the covered organizations. Each financial plan and\nfinancial plan modification shall conform to the requirements of\nparagraph (a) of this subdivision and shall provide that the major\noperating funds of the county will be balanced in accordance with\ngenerally accepted accounting principles. The financial plan shall be\ndeveloped and approved, and may from time to time be modified, in\naccordance with the following procedures:\n  (a) The county executive shall submit to the authority a certificate\nstating that the budget submitted to the authority is consistent with\nthe financial plan submitted therewith and that operation within the\nbudget is feasible.\n  (b) Not more than twenty days after submission of a financial plan or\nmore than fifteen days after submission of a financial plan\nmodification, the authority shall determine whether the financial plan\nor financial plan modification is complete and complies with the\nprovisions of this section and the other requirements of this title, and\nshall submit its recommendations with respect to the financial plan or\nfinancial plan modification in accordance with the provisions of this\nsubdivision.\n  (c) Upon the approval by the county of a budget in accordance with the\nprovisions of the county charter, the county executive shall submit such\napproved budget and financial plan to the authority accompanied by\nexpenditure, revenue and cash flow projections on a quarterly basis and\ncertify to the authority that such budget is consistent with the\nfinancial plan to be submitted to the authority.\n  (d) If the authority determines that the financial plan or financial\nplan modification provided pursuant to paragraph (c) or (f) of this\nsubdivision is complete and complies with the standards set forth in\nthis subdivision, the authority shall make a certification to the county\nsetting forth revenue estimates agreed to by the authority in accordance\nwith such determination.\n  (e) The authority shall, in the event it disagrees with elements of\nthe financial plan provided pursuant to paragraph (c) or (f) of this\nsubdivision provide notice thereof to the county, with copies to the\ndirector of the budget, the state comptroller, the chair of the state\nassembly ways and means committee and the chair of the state senate\nfinance committee, if, in the judgment of the authority, such plan: (i)\nis incomplete; (ii) fails to contain projections of revenues and\nexpenditures that are based on reasonable and appropriate assumptions\nand methods of estimations; (iii) fails to provide that operations of\nthe county and the covered organizations will be conducted within the\ncash resources available; or (iv) fails to comply with the provisions of\nthis title or other requirements of law.\n  (f) After the initial adoption of an approved financial plan, the\nrevenue estimates certified by the authority and the financial plan\nshall be regularly reexamined by the authority in consultation with the\ncounty and the covered organizations and the county executive shall\nprovide a modified financial plan in such detail and within such time\nperiods as the authority may require. In the event of reductions in such\nrevenue estimates, or in the event the county or a covered organization\nshall expend funds at a rate that would exceed the aggregate expenditure\nlimitation for the county or covered organization prior to the\nexpiration of the fiscal year, the county executive shall submit a\nfinancial plan modification to effect such adjustments in revenue\nestimates and reductions in total expenditures as may be necessary to\nconform to such revised revenue estimates or aggregate expenditure\nlimitations.\n  (g) If, within a time period specified by the authority, the county\nfails to make such modifications after reductions in revenue estimates,\nor to provide a modified plan in detail and within such time period\nrequired by the authority, the authority shall adopt a resolution so\nfinding.\n  (h) The county shall amend its budget or shall submit a financial plan\nmodification for the approval of the authority such that the county's\nbudget and the approved financial plan shall be consistent. In no event\nshall the county operate under a budget that is inconsistent with an\napproved financial plan.\n  3. The financial plan shall be in such form and shall contain such\ninformation for each year during which the financial plan is in effect\nas the authority may specify, and shall include the county and all the\ncovered organizations, and shall, in such detail as the authority from\ntime to time may prescribe, include (a) statements of all estimated\nrevenues and of all expenditures and cash flow projections of the county\nand each covered organization, and (b) an accounting of the expenditure\nof efficiency incentive grants available to the county for each year of\nthe plan.\n  4. The financial plan shall include any information which the\nauthority may request to satisfy itself that: (a) projected employment\nlevels, collective bargaining agreements and other actions relating to\nemployee costs, capital construction and such other matters as the\nauthority may specify are consistent with the provisions made for such\nobligations in the financial plan; (b) the county and the covered\norganizations are taking whatever action is necessary with respect to\nprograms mandated by state and federal law to ensure that expenditures\nfor such programs are limited to and covered by the expenditures stated\nin the financial plan; (c) adequate reserves are provided to maintain\nessential programs in the event revenues have been overestimated or\nexpenditures underestimated for any period; and (d) the county has\nadequate cash resources to meet its obligations. In addition, except to\nthe extent such reporting requirements may be modified pursuant to\nagreement between the authority and the county, for each fiscal year\noccurring during a control period, or while bonds, notes or other\nobligations issued pursuant to this title are outstanding, the county\nexecutive shall prepare a quarterly report of summarized budget data\ndepicting overall trends, by major category within funds, of actual\nrevenues and budget expenditures for the entire budget rather than\nindividual line items, as well as updated quarterly cash flow\nprojections of receipts and disbursements. Such reports shall compare\nrevenue estimates and appropriations as set forth in such budget and in\nthe quarterly revenue and expenditure projections submitted therewith,\nwith the actual revenues and expenditures made to date. Such reports\nshall also compare actual receipts and disbursements with the estimates\ncontained in the cash flow projections, together with variances and\ntheir explanation. All quarterly reports shall be accompanied by\nrecommendations from the county executive to the legislature setting\nforth any remedial action necessary to resolve any unfavorable budget\nvariance including the overestimation of revenues and the\nunderestimation of appropriations. These reports shall be completed\nwithin thirty days after the end of each quarter and shall be submitted\nto the legislature, the authority, the director of the budget, the chair\nof the state senate finance committee, the chair of the state assembly\nways and means committee and the state comptroller. For each fiscal year\noccurring during a control or advisory period or while bonds, notes or\nother obligations issued pursuant to this title are outstanding, the\ncounty executive shall submit a proposed budget or revision thereto to\nthe authority concurrent with submission to the legislature, and shall\nsubmit the adopted budget to the authority immediately upon its\nadoption.\n  5. For each financial plan and financial plan modification to be\nprepared and submitted by the county executive to the authority pursuant\nto the provisions of this section, the covered organizations shall\nsubmit to the county such information with respect to their projected\nexpenditures, revenues and cash flows for each of the years covered by\nsuch financial plan or modification as the county executive shall\ndetermine.\n
N.Y. VAT Law § 399-D — New York Code / Act VAT / Title 3 / Article 12-B / Section 399-D
Application for approval
Status: in_force

§ 399-d. Application for approval. 1. An agency or organization\nseeking approval as a motor vehicle accident prevention course\nsponsoring agency shall apply to the commissioner for approval. Such\napplications shall be made in writing and on forms prescribed by the\ncommissioner. The application shall include at a minimum: the title or\nname of the course, the name of the organization submitting the\napplication, proof of course ownership, and the names and addresses of\nall owners, officers, and directors of the agency or organization, and\nsuch other information or material as the commissioner may prescribe. An\napplication shall not be considered to be complete until all information\nand material required by this chapter and by regulation of the\ncommissioner has been submitted.\n  2. The commissioner shall either approve or deny an application for\ncourse approval no later than ninety days following submission of a\ncompleted application. In the event the commissioner takes no action on\nan application after ninety days following submission of a completed\napplication, the application shall be deemed denied.\n
N.Y. PBA Law § 569-C — New York Code / Act PBA / Article 3 / Title 3 / Section 569-C
Transfer and receipt of surplus funds
Status: in_force

§ 569-c. Transfer and receipt of surplus funds. Notwithstanding any\nprovision of this title or any other provision of law, general, special\nor local, the authority shall, at the direction of the metropolitan\ntransportation authority, from time to time transfer and pay over all or\nany part of its surplus funds to (a) metropolitan transportation\nauthority or (b) New York city transit authority, all in accordance with\nthe provisions of subdivision twelve of section five hundred fifty-three\nof this title and the determination of the proportional allocation of\nsuch amounts of surplus funds so deposited as between the New York city\ntransit authority and the commuter railroads operated by metropolitan\ntransportation authority shall be governed by the provisions of section\ntwelve hundred nineteen-a of this chapter and the authority may accept\nand use any moneys transferred and paid over to it by metropolitan\ntransportation authority or New York city transit authority.\n
N.Y. SOS Law § 407 — New York Code / Act SOS / Article 6 / Title 3 / Section 407
Powers of department of social welfare
Status: in_force

§ 407.  Powers of department of social welfare.  The department is\nhereby authorized and required:\n  1.  to prepare a plan or plans for such child welfare services and\nupon their approval by such federal authority to execute the same.  Such\nplans shall make provision for coordination between the services\nprovided under such plans and the services provided as family assistance\nunder title ten of article five with the view of providing welfare and\nrelated services which will best promote the welfare of children and\ntheir families.\n  2.  to allocate and disburse to districts, counties or other local\nsubdivisions of the state such amounts from moneys received by the state\nunder the provisions of this title as are available for payment of part\nof the cost of district, county or other local child welfare services in\naccordance with such approved plans.  Such district, county and other\nlocal subdivisions of the state are hereby authorized to receive and\nexpend such allotments but only for the purposes of such plans and\nsubject to the supervision and general direction of the department.\nSuch district, county and other local subdivisions shall, when required\nby the department to comply with the provisions of such approved plan,\nperform the functions required.\n  3.  to develop within the department services for the encouragement\nand assistance of adequate methods of community child welfare\norganization in accordance with such approved plans.\n  4.  to establish and to alter and amend such regulations as may be\nnecessary for the administration of such plans and the provisions of\nthis title.\n  5.  to prepare for inclusion in the annual report required by\nsubdivision (d) of section seventeen of this chapter to be filed with\nthe governor and the legislature prior to the fifteenth day of December\nof each year, a written evaluation report of the delivery of child\nwelfare services in the state.  Such evaluation report shall include,\nbut need not be limited to, supervision of foster care and the agencies\nproviding such care, information on the types of problems creating the\nneed for foster care placements, preventive and protective services, the\ntransfer of children in care and the reasons therefor, identification of\ntarget groups not receiving adequate services, and projected plans for\nproviding services to such groups.  Such report shall include progress\nmade and problems encountered in the implementation of "the child\nwelfare reform act of 1979", and amendments thereto.  Such report shall\nalso include aggregate expenditures; persons receiving services; cost\ncomparisons among social services districts, among types of services and\nservices programs, and among fiscal periods; unit costs; and\ncost-effectiveness of the provision of preventive services pursuant to\ntitle four of this chapter. In developing such evaluation, the\ndepartment shall consult and coordinate with the board of social\nwelfare, the division for youth, and the departments of mental hygiene,\nhealth and education.\n
N.Y. PBA Law § 3951 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3951
Definitions
Status: in_force

§ 3951. Definitions. For the purposes of this title, unless the\ncontext otherwise requires: 1. "Advisory period" means a period of time\nfrom the effective date of this title until the date when (a) the\nauthority shall determine that for each fiscal year, through and\nincluding fiscal year two thousand twelve, that the county has adopted\nand adhered to budgets covering all expenditures the results of which do\nnot show a major operating funds deficit when reported in accordance\nwith generally accepted accounting principles, subject to the provisions\nof this title, and shall further determine that in the then current\nfiscal year there is a substantial likelihood that the results of the\ncounty's operations will not show a deficit in the major operating funds\nwhen so reported and (b) the comptroller shall certify that securities\nwere sold by or for the benefit of the county during the fiscal year\nimmediately preceding such date and the then current fiscal year in the\ngeneral public market satisfied the financing requirements of the county\nduring such period and that there is a substantial likelihood that such\nsecurities can be sold in the general public market from such date\nthrough the end of the next succeeding fiscal year in amounts which will\nsatisfy substantially all of the capital and cash flow requirements of\nthe county during such period in accordance with the financial plan then\nin effect.\n  2. "Authority" or "Erie county fiscal stability authority" or "ECFSA"\nmeans the public benefit corporation created by this title.\n  3. "Bonds, notes or other obligations" means bonds, notes and other\nevidences of indebtedness, issued or incurred by the authority.\n  4. "Comptroller" means the comptroller of the county.\n  5. "Control period" means a period determined by the authority in\naccordance with section thirty-nine hundred fifty-nine of this title.\n  6. "County" means Erie county.\n  7. "County charter" means the county government law of Erie county, as\namended.\n  8. "County executive" means the county executive of the county.\n  9. "County tax revenues" means net collections set aside for county\npurposes pursuant to subdivision (a) of section twelve hundred sixty-two\nof the tax law, from the county's sales and compensating use taxes\nimposed pursuant to the authority of subpart B of part one of article\ntwenty-nine of the tax law.\n  10. "Covered organization" means any governmental agency, public\nauthority or public benefit corporation which receives or may receive\nmoneys directly, indirectly or contingently from the county, but\nexcluding the authority and (a) any other governmental agency, public\nauthority or public benefit corporation specifically exempted from the\nprovisions of this title by order of the authority upon application of\nsuch agency, public authority, or corporation to the authority or on the\nauthority's own motion upon a finding by the authority that such\nexemption does not materially affect the ability of the county to adopt\nand maintain a budget pursuant to the provisions of this title, or (b)\nany state public authority defined in section two hundred one of the\ncivil service law, unless specifically named above; provided, however,\nno municipality or school district shall be treated as a covered\norganization solely because it shares sales and compensating use tax\nrevenue with the county, provided further, that the authority may\nterminate any exemption granted by order of the authority pursuant to\nthis subdivision upon a determination that the circumstances upon which\nsuch exemption was granted are no longer applicable.\n  11. "Director of the budget" means the director of the budget of the\nstate.\n  12. "ECFSA assistance" means: (a) the proceeds of any deficit\nfinancing authorized by the authority; or (b) the amount of debt service\nsavings in a given county fiscal year generated from the proceeds of\nbonds, notes or other obligations of the authority made available to or\nfor the benefit of the county or any covered organization as determined\nby the authority, or some combination thereof pursuant to the provisions\nof sections thirty-nine hundred fifty-six and thirty-nine hundred\nfifty-seven of this title. Such assistance shall be made available only\nupon a declaration of need by the county pursuant to section thirty-nine\nhundred sixty-one of this title and the approval of the authority.\n  13. "Financeable costs" or "costs" means costs to finance (a) amounts\nnecessary to finance a portion of the operating costs of the county or\nany covered organization as provided in sections thirty-nine hundred\nfifty-six and section thirty-nine hundred fifty-seven of this title, to\nthe extent approved by the authority, (b) amounts necessary to\naccomplish a refunding, repayment or restructuring of all or a portion\nof the county's outstanding indebtedness or that of any covered\norganization, (c) cash flow needs of the county or any covered\norganization, (d) any object or purpose of the county or any covered\norganization, for which a period of probable usefulness is prescribed in\nsection 11.00 of the local finance law, including the costs of any\npreliminary studies, surveys, maps, plans, estimates and hearings, or\n(e) incidental costs, including, but not limited to, legal fees,\nprinting or engraving, publication of notices, taking of title,\napportionment of costs, and capitalized interest, insurance premiums,\ncosts related to items authorized in subdivisions seven through nine of\nsection thirty-nine hundred fifty-four of this title or any underwriting\nor other costs incurred in connection with the financing thereof;\nprovided however that, to the maximum extent practicable, all\nfinanceable costs shall not adversely affect the requirements of\nsubdivision two of section thirty-nine hundred fifty-eight of this\ntitle.\n  14. "Financial plan" means the financial plan of the county and the\ncovered organizations to be developed pursuant to section thirty-nine\nhundred fifty-seven of this title, as from time to time amended.\n  15. "Legislature" means the legislature of the county.\n  16. "Major operating funds" means the county general fund, the social\nservices fund, the county road fund, the capital fund, the debt service\nfund, the sewer fund, together with any other funds of the county or a\ncovered organization from time to time designated by the authority.\n  17. "Presiding officer" means the presiding officer of the legislature\nelected pursuant to the rules of the legislature.\n  18. "Projected gap" means the excess, if any, of annual aggregate\nprojected expenditures over annual aggregate projected revenues for the\nmajor operating funds in each year of a financial plan as determined by\nthe county and certified by the authority. For purposes of determining\nthe projected gap in each fiscal year, annual aggregate projected\nrevenues shall not include the amount of ECFSA assistance expected to be\navailable for such fiscal year.\n  19. "Revenues" means revenues of the authority consisting of county\ntax revenues, state aid revenues, and all other aid, rents, fees,\ncharges, payments and other income and receipts paid or payable to the\nauthority or a trustee for the account of the authority to the extent\nsuch amounts are pledged to bondholders.\n  20. "State" means the state of New York.\n  21. "State aid" means aid and incentives for municipalities, any\nsuccessor type of aid and any new aid appropriated by the state as local\ngovernment assistance for the benefit of the county.\n  22. "State aid revenues" means state aid paid by the state comptroller\nto the authority pursuant to this title.\n  23. "State comptroller" means the comptroller of the state.\n
N.Y. ENV Law § 54-0303 — New York Code / Act ENV / Article 54 / Title 3 / Section 54-0303
Open space land conservation projects
Status: in_force

§ 54-0303. Open space land conservation projects.\n  1. The commissioner and the commissioner of the office of parks,\nrecreation and historic preservation are authorized to undertake open\nspace land conservation projects.\n  2. a. The commissioner of the office of parks, recreation and historic\npreservation may enter into an agreement for the maintenance and\noperation of open space land conservation projects in urban areas or\nmetropolitan park projects by a municipality, or a not-for-profit\ncorporation or unincorporated association which demonstrates to the\ncommissioner's satisfaction that the future physical climate risk due to\nsea level rise, and/or storm surges and/or flooding, based on available\ndata predicting the likelihood of future extreme weather events,\nincluding hazard risk analysis data if applicable, has been considered\nand the municipality, not-for-profit corporation or unincorporated\nassociation is financially or otherwise capable of operating and\nmaintaining the project for the benefit of the public and of maximizing\npublic access to such project. Any such agreement shall contain such\nprovisions as shall be necessary to ensure that its operation and\nmaintenance are consistent with and in furtherance of this article and\nshall be subject to the approval of the director of the budget, the\ncomptroller and, as to form, the attorney general.\n  b. The commissioner, pursuant to appropriation therefor and in order\nto further the purposes of article forty-six of this chapter, may make\navailable to the Albany Pine Bush preserve commission, established by\narticle forty-six of this chapter, moneys for the operation of such\ncommission, including the management of lands under the jurisdiction of\nsuch commission in accordance with a management plan prepared as\nspecified in section 46-0111 of this chapter.\n  3. The cost of an open space land conservation project shall include\nthe cost of preparation of a management plan for the preservation and\nbeneficial enjoyment of the land acquired except where such\nconsiderations have already been undertaken as part of an existing plan\napplicable to the newly acquired land.\n  4. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of open space land\nconservation funds, consistent with the purpose of this title, taking\ninto account regional differences in real property values, ecological\nresources and recreational opportunities.\n  5. No project, which was not listed on the state land acquisition plan\nas of the effective date of this title, shall be proposed for\nacquisition by the state under this title, pursuant to the state land\nacquisition plan, if any town, village or city within which such a\nproject is located, by resolution, within ninety days of notification by\nthe state of its interest in acquiring such project, objects to such\nacquisition. Such objection shall be transmitted to the commissioner\nthrough the regional land acquisition advisory committee and shall\nprevent the state from undertaking such acquisition.\n  6. No monies shall be expended for acquisition by eminent domain of\nany open space land conservation project except in accordance with the\nstate land acquisition policy set forth in section 49-0203 of this\nchapter.\n  7. No monies shall be expended for open space land conservation\nprojects except pursuant to an appropriation therefor.\n
N.Y. RPT Law § 940 — New York Code / Act RPT / Article 9 / Title 3 / Section 940
Payment of amounts collected
Status: in_force

§ 940. Payment of amounts collected. 1. Each collecting officer shall,\nwithin one week from the date of expiration of his warrant, pay over to\nthe persons specified in such warrant all moneys received, the payment\nor deposit of which is not otherwise provided by law.\n  2. Each person, other than the county treasurer, receiving moneys from\nthe collecting officer shall furnish him with duplicate receipts\ntherefor, one of which shall be filed with the county treasurer by the\ncollecting officer. The county treasurer shall credit the account of the\ncollecting officer with the amounts stated thereon.\n  3. If the amount of taxes levied in a city or town exceeds the amount\nthat should have been raised, any surplus collected shall be paid over\nto the county treasurer who shall credit the city or town with the\namount thereof which shall go to the reduction of taxes to be levied\ntherein in the succeeding year.\n
N.Y. PBH Law § 541 — New York Code / Act PBH / Article 5 / Title 3 / Section 541
City laboratories; operation and control
Status: in_force

§ 541. City laboratories; operation and control. 1. Upon the\nestablishment or continuation of a laboratory by a city as provided in\nsection five hundred forty of this chapter, all the powers and duties of\nthe board of supervisors of a county in relation to laboratories\nprovided in sections five hundred twenty and five hundred twenty-two of\nthis chapter, shall devolve upon the common council or other authority\nexercising similar powers of such city.\n  2. The salaries of the director and other employees of the laboratory,\nand contracts to be made for, by or on behalf of the laboratory and\nappropriations for the acquisition of sites and buildings and for\nmaintenance, shall all be under the control of the same officials as now\nhave control of similar items and shall be governed by the same\nprovisions of law.\n
N.Y. PBH Law § 3443 — New York Code / Act PBH / Article 34 / Title 3 / Section 3443
Funeral directing; use of names; unlicensed persons prohibited
Status: in_force

§ 3443. Funeral directing; use of names; unlicensed persons\nprohibited.  1. The name of any living person who has not been duly\nlicensed and is not duly registered as specified in this article shall\nnot be\n  (a) shown or displayed upon or in any funeral establishment; or,\n  (b) used alone, in, as part of, or in connection, association,\ncombination, or together with the name or title of any person, firm,\ncorporation or other form of enterprise engaged in funeral directing,\nundertaking, or embalming or maintaining a mortuary, funeral home or\nother similar establishment or using in connection with such name and\npractice, the words funeral director, mortician, undertaker, embalmer,\nor any other title or words of similar meaning or import on any card,\nsign, stationery, or other printed, engraved or written instrument or\ndevice or in any public or private announcement or advertisement; or,\n  (c) used in any manner as to give or tend to give the impression that\nsuch person is licensed or practicing or entitled to practice as a\nfuneral director, undertaker, or embalmer.\n  2. A person who holds a license as a funeral director or undertaker\nand is registered as required herein may hold himself out and advertise\nas a funeral director, undertaker, or mortician.\n
N.Y. VAT Law § 309-E — New York Code / Act VAT / Title 3 / Article 5-A / Section 309-E
Reports
Status: in_force

§ 309-e. Reports. The commissioner shall, not later than January\nfirst, nineteen hundred seventy-eight, submit to the governor and to the\nlegislature a report on the operation and maintenance of such stations.\n
N.Y. ENV Law § 19-0306-B — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0306-B
Zero-emissions cars and trucks
Status: in_force

§ 19-0306-b. Zero-emissions cars and trucks.\n  1. It shall be a goal of the state that one hundred percent of new\npassenger cars and trucks offered for sale or lease, or sold, or leased,\nfor registration in the state shall be zero-emissions by two thousand\nthirty-five. It shall be a further goal of the state that one hundred\npercent of medium-duty and heavy-duty vehicles offered for sale or\nlease, or sold, or leased, for registration in the state be\nzero-emissions by two thousand forty-five for all operations where\nfeasible. It shall be further a goal of the state to transition to one\nhundred percent zero-emissions from new off-road vehicles and equipment\npurchased beginning in two thousand thirty-five, where feasible.\n  2. The department, to the extent consistent with federal law, shall\ndevelop and propose:\n  a. Passenger vehicle and truck regulations requiring increasing\nvolumes of new zero-emissions vehicles offered for sale or lease, or\nsold, or leased, for registration in the state towards the target of one\nhundred percent of in-state sales by two thousand thirty-five.\n  b. Medium-duty and heavy-duty vehicle regulations requiring increasing\nvolumes of new zero-emissions trucks and buses offered for sale or\nlease, or sold, or leased, for registration and operated in the state\ntowards the target of one hundred percent of the fleet transitioning to\nzero-emissions vehicles by two thousand forty-five everywhere feasible.\n  c. Strategies, in coordination with other state agencies, other states\nand the federal environmental protection agency, to achieve one hundred\npercent zero-emissions from new off-road vehicles and equipment\noperations in the state by two thousand thirty-five. In implementing the\nprovisions of this paragraph, the department shall act consistently with\nsafety, technological feasibility and cost-effectiveness.\n  3. The New York state energy research and development authority, in\nconsultation with the department, the department of economic\ndevelopment, the public service commission, the department of\ntransportation, the department of motor vehicles, and other state\nagencies, local agencies and other interested parties, shall develop a\nzero-emissions vehicle market development strategy by January\nthirty-first, two thousand twenty-three, and an update every three years\nthereafter, that:\n  a. Ensures coordinated and expeditious implementation of the system of\npolicies, programs and regulations necessary to achieve the goals and\norders established by this section.\n  b. Outlines state agencies' actions to support new and used\nzero-emissions vehicle markets for broad accessibility for all residents\nof this state.\n  4. The department, the New York state energy research and development\nauthority, the public service commission and other state agencies, shall\nuse existing authorities to accelerate deployment of affordable powering\noptions for zero-emissions vehicles, in ways that serve all communities\nand particularly low-income and disadvantaged communities, consistent\nwith state and federal law.\n  5. The department, the New York state energy research and development\nauthority, the department of motor vehicles and the department of\ntransportation, in consultation with the other state agencies, shall on\nor before July fifteenth, two thousand twenty-three, identify near term\nactions and investment strategies to improve sustainable transportation,\nfreight and transit options, including where feasible:\n  a. Supporting bicycle and pedestrian options, particularly in\nlow-income and disadvantaged communities in the state, by incorporating\nsafe and accessible infrastructure into projects where appropriate.\n  b. Supporting light, medium, and heavy-duty zero-emissions vehicles\nand infrastructure as part of larger transportation projects, where\nappropriate.\n
N.Y. SOS Law § 158 — New York Code / Act SOS / Article 5 / Title 3 / Section 158
Eligibility
Status: in_force

§ 158. Eligibility. 1. A person is eligible for safety net assistance\nwho is financially needy as determined in accordance with title one of\nthis article and the regulations promulgated thereunder, is not in\nsanction status for a program authorized by this chapter and:\n  (a) resides in a family which is ineligible for family assistance or\nother assistance funded by the federal temporary assistance for needy\nfamilies block grant because an adult in the family has exceeded the\nmaximum durational limits on such assistance contained in section three\nhundred fifty of this chapter, or\n  (b) is an adult who would otherwise be eligible for family assistance\nexcept that he or she does not reside with a dependent child, or\n  (c) resides in a family that would otherwise be eligible for family\nassistance except that at least one adult or minor head of household has\nbeen determined in accordance with section one hundred thirty-two of\nthis article to be abusing illegal substances or engaging in the\nhabitual and excessive consumption of alcoholic beverages, or\n  (d) is under the age of eighteen, not living with his or her child and\nhas no adult relatives with whom to reside, or\n  (e) resides in a family in which a person required to submit to\nscreening or evaluation for use of illegal drugs or excess alcohol\nconsumption pursuant to section one hundred thirty-two of this article\nrefused to comply, or\n  (f) resides in a family which includes a person disqualified from\nreceiving assistance pursuant to paragraph (f) of subdivision four of\nsection one hundred thirty-two of this article, or\n  (g) is a qualified alien who is ineligible to receive assistance\nfunded under the temporary assistance for needy families block grant\nsolely because of section four hundred three of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 (P.L.\n104-193) or is a noncitizen who is permanently residing under color of\nlaw but is not a qualified alien.\n  2. A person who shall be eligible for family assistance according to\nthe provisions of title ten of this article shall be granted family\nassistance and while receiving such aid shall not be eligible for safety\nnet assistance. A person who is receiving federal supplemental security\nincome payments and/or additional state payments shall not be eligible\nfor safety net assistance. A person who is eligible for refugee cash\nassistance pursuant to the plan established pursuant to section three\nhundred fifty-eight of this article shall not be eligible for safety net\nassistance. An applicant for or recipient of safety net assistance shall\nbe required, as a condition of eligibility for safety net assistance, to\nsign a written authorization allowing the secretary of the federal\ndepartment of health and human services to pay to the social services\ndistrict his or her initial supplemental security income payment and\nallowing the social services district to deduct from his or her initial\npayment the amount of safety net assistance granted for any month for\nwhich he or she subsequently is determined eligible to receive\nsupplemental security income benefits. For the purposes of this\nsubdivision the term "initial payment" shall refer to the first payment\nof supplemental security income benefits after a person files an\napplication for benefits or after a person who has been terminated or\nsuspended from eligibility for supplemental security income benefits\nsubsequently has been found eligible for such benefits. An applicant for\nsafety net assistance who reasonably appears to meet the criteria for\neligibility for federal supplemental security income payments shall also\nbe required, as a condition of eligibility for safety net assistance, to\napply for such payments and shall, if otherwise eligible therefor, be\neligible for safety net assistance until he or she has received a\nfederal supplemental security income payment. Further, if an applicant\nfor safety net assistance is required to apply for federal supplemental\nsecurity payments and is denied, such person shall, subject to\ndepartment regulation, also be required as a condition of eligibility to\nappeal his or her denial and exhaust his or her administrative remedies;\nsuch person shall remain eligible for safety net assistance, so long as\nhe or she otherwise remains eligible while his or her appeal is pending.\n  3. A person shall not be eligible for safety net assistance who has\nmade a voluntary assignment or transfer of property for the purpose of\nqualifying for such aid. A transfer of property made within one year of\nthe date of application shall be presumed to have been made for the\npurpose of qualifying for such assistance.\n  4. Social services officials shall determine eligibility for safety\nnet assistance within thirty days of receiving an application for safety\nnet assistance. Such officials shall notify applicants of safety net\nassistance about the availability of assistance to meet emergency\ncircumstances or to prevent eviction.\n  5. Application for or receipt of safety net assistance shall operate\nas an assignment to the state and the social services district concerned\nof any rights to support that accrue during the period that a family\nreceives safety net assistance from any other person as such applicant\nor recipient may have either on their own behalf or on behalf of any\nother family member for whom the applicant or recipient is applying for\nor receiving assistance. Applicants for or recipients of safety net\nassistance shall be informed that such application for or receipt of\nsuch benefits will constitute such an assignment. Such assignment shall\nterminate with respect to current support rights upon a determination by\nthe social services district that such person is no longer eligible for\nsafety net assistance, except with respect to the amount of any unpaid\nsupport obligation that has accrued during the period that a family\nreceived safety net assistance.\n  6. In addition to other eligibility requirements, each person who is\napplying for or receiving assistance under this title, and who is\notherwise eligible for assistance under this title, shall be required,\nas a further condition of eligibility for such assistance:\n  (i) to assign to the state and the social services district any rights\nto support that accrue during the period that a family receives safety\nnet assistance from any other person as such applicant or recipient may\nhave either on their own behalf or on behalf of any other family member\nfor whom the applicant or recipient is applying for or receiving\nassistance; and\n  (ii) to cooperate with the state and the social services official, in\naccordance with standards established by regulations of the office of\ntemporary and disability assistance consistent with federal law and\nregulations, in establishing the paternity of a child born\nout-of-wedlock for whom assistance under this title is being applied for\nor received, in their efforts to locate any absent parent and in\nobtaining support payments or any other payments or property due such\nperson and due each child for whom assistance under this title is being\napplied for or received, except that an applicant or recipient shall not\nbe required to cooperate in such efforts in cases in which the social\nservices official has determined, in accordance with criteria, including\nthe best interests of the child, as established by regulations of the\noffice of temporary and disability assistance consistent with federal\nlaw and regulations, that such applicant or recipient has good cause to\nrefuse to cooperate. Each social services district shall inform\napplicants for and recipients of safety net assistance required to\ncooperate with the state and local social services officials pursuant to\nthe provisions of this paragraph, that where a proceeding to establish\npaternity has been filed, and the allegation of paternity has been\ndenied by the respondent, there shall be a stay of all paternity\nproceedings and related social services district proceedings until sixty\ndays after the birth of the child. Such applicants and recipients shall\nalso be informed that public assistance and care shall not be denied\nduring a stay on the basis of refusal to cooperate pursuant to the\nprovisions of this paragraph.\n  7. As a condition of eligibility for the receipt of safety net\nassistance, every applicant for such assistance must:\n  (i) sign an agreement which provides that, if it is determined that\nmoney is owed to the social services district because of overpayments of\nsafety net assistance to the applicant while a recipient of safety net\nassistance, the applicant agrees to repay any such money that remains\ndue after the applicant ceases to receive safety net assistance; and\n  (ii) sign an assignment of future earnings on a form prescribed by the\ndepartment to secure the repayment of any money that is determined,\nafter providing the opportunity for a fair hearing in accordance with\nsection twenty-two of this chapter, to be owed to the social services\ndistrict because of overpayments of safety net assistance to the\napplicant while a recipient of safety net assistance. The prescribed\nform shall include the following notice: "THIS AGREEMENT AUTHORIZES THE\nSOCIAL SERVICES DISTRICT TO RECOVER ANY OVERPAYMENT OF YOUR PUBLIC\nASSISTANCE BENEFITS BY COLLECTING THE AMOUNT OF THE OVERPAYMENT DIRECTLY\nFROM YOUR FUTURE WAGES. IF YOU FAIL TO MAKE THE PAYMENTS REQUIRED BY A\nREPAYMENT AGREEMENT BETWEEN YOU AND THE SOCIAL SERVICES DISTRICT, THE\nSOCIAL SERVICES DISTRICT WILL FILE THIS AGREEMENT WITH YOUR EMPLOYER AND\nRECOVER THE OVERPAYMENT DIRECTLY FROM YOUR WAGES." In addition, the\nassignment of future earnings and the enforcement thereof must comply\nwith all requirements of article three-A of the personal property law.\nThe social services district may file the assignment of future earnings\nwith the employer of the assignor only if the assignor fails to make\npayments of money owed to the social services district in accordance\nwith the agreement required in paragraph (i) of this subdivision.\n  8. No person who resides with his or her minor child shall be eligible\nfor safety net assistance except as provided in subdivision one of this\nsection.\n
N.Y. ENV Law § 27-0303 — New York Code / Act ENV / Article 27 / Title 3 / Section 27-0303
Definitions
Status: in_force

§ 27-0303. Definitions.\n  When used in this title:\n  1. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also means the thermal destruction of waste or hazardous waste\nand the burning of such wastes as fuel for the purpose of recovering\nuseable energy.\n  2. "Industrial-commercial waste" means a waste which originates at, is\ngenerated by, or occurs as a result of any industrial or commercial\nactivity. The forms of waste included are exemplified by but not limited\nto the following:\n  a. liquids such as: acids, alkalis, caustics, leachate, petroleum (and\nits derivatives), and process or treatment wastewaters;\n  b. sludges which are semisolid substances resulting from process or\ntreatment operations, or residues from storage or use of liquids;\n  c. solids such as: solidified chemicals, paints or pigments; the end\nor by-products of incineration ash; foundry sand; dredge spoil;\n  d. contained gaseous materials;\n  e. hazardous waste as defined in title 9 of this article; and\n  f. any liquid, sludge, septage, solid, semisolid substance or\ncontained gaseous material in which any of the foregoing is intermixed\nor absorbed, or onto which any of the foregoing is adhered.\n  3. "Person" means any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate or federal government, municipality, industry, co-partnership,\nassociation, firm, trust, estate or any other legal entity.\n  4. "Regulated waste" means any one of the following types of waste:\nraw sewage, septage, sludge from a sewage or water supply treatment\nplant, industrial-commercial waste, low-level radioactive waste as\ndefined in subdivision nine of this section, waste tires or waste oil.\n  5. "Septage" means the contents of a septic tank, cesspool or other\nindividual sewage treatment facility which receives domestic sewage\nwastes.\n  6. "Storage" means the holding of waste for a temporary period, at the\nend of which the waste is processed, recovered, disposed of, or stored\nelsewhere.\n  7. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant or air pollution control facility,\nand other discarded material, including solid, liquid, semisolid or\ncontained gaseous material resulting from industrial, commercial, mining\nand agricultural operations and from community activities, but does not\ninclude solid or dissolved material in domestic sewage, or solid or\ndissolved materials in irrigation return flows or industrial discharges\nwhich are point sources subject to permits under article 17 of this\nchapter, or source, special nuclear or by-product material as defined in\nthe Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may\nbe provided by existing agreements between the state and the federal\ngovernment.\n  8. "Waste oil" means used engine lubricating oil and any other oil,\nincluding but not limited to, fuel oil, motor oil, gear oil, cutting\noil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage\ntank residue, animal oil, and vegetable oil, which has been contaminated\nby physical or chemical impurities, through use or accident, and has not\nsubsequently been rerefined.\n  * 9. "Low-level radioactive waste" means radioactive material that:\n  a. is not high-level radioactive waste, transuranic waste, spent\nnuclear fuel, or the tailings or wastes produced by the extraction or\nconcentration of uranium or thorium from any ore processed primarily for\nits source material content; and\n  b. the United States nuclear regulatory commission, consistent with\nfederal law and in accordance with paragraph a of this subdivision,\nclassifies as low-level radioactive waste.\n  * NB There are 2 sb 9's\n  * 9. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota and all other\nnatural resources.\n  * NB There are 2 sb 9's\n  11. "Regulated medical waste" shall have the same meaning as such term\nis defined in title 15 of this article.\n  12. "Waste tires" shall mean waste tires transported for a fee for the\npurpose of reuse, recycling or disposal, except those tires collected\nand transported incidental to the collection and transportation of solid\nwaste.\n
N.Y. SOS Law § 157 — New York Code / Act SOS / Article 5 / Title 3 / Section 157
Definitions
Status: in_force

§ 157. Definitions.  As used in this title.  1. Safety net assistance\nmeans allowances pursuant to section one hundred thirty-one-a of this\narticle for all support, maintenance and need, and costs of suitable\ntraining in a trade to enable a person to become self-supporting,\nfurnished eligible needy persons in accordance with applicable\nprovisions of law, by a municipal corporation, or a town where safety\nnet assistance is a town charge, to persons or their dependents in their\nabode or habitation whenever possible and includes such relief granted\nto veterans under existing laws but does not include hospital or\ninstitutional care, except as otherwise provided in this subdivision, or\nfamily assistance or medical assistance for needy persons granted under\ntitles ten and eleven of this article, respectively, or aid to persons\nreceiving federal supplemental security income payments and/or\nadditional state payments. Safety net assistance may also be provided in\na family home or boarding home, operated in compliance with the\nregulations of the department, and on and after January first, nineteen\nhundred seventy-four, in facilities in which a person is receiving\nfamily care or residential care, as those terms are used in title six of\nthis article, and to persons receiving care in a facility supervised by\nthe office of alcoholism and substance abuse services or in a\nresidential facility for the mentally disabled approved, licensed or\noperated by the office of mental health or the office for people with\ndevelopmental disabilities, other than those facilities defined in\nsections 7.17 and 13.17 of the mental hygiene law, in a developmental\ncenter facility operated by the office for people with developmental\ndisabilities or residential care centers for adults operated by the\noffice of mental health, when such type of care is deemed necessary.\nPayments to such homes and facilities for care and maintenance provided\nby them shall be at rates established pursuant to law and regulations of\nthe department. The department, however, shall not establish rates of\npayment to such homes or facilities without approval of the director of\nthe budget.\n  2. State aid means payments to a municipal corporation by the state\nfor home relief furnished in accordance with this title.\n  3. Municipal corporation shall mean a county or city except a county\nwholly within a city.\n
N.Y. RPT Law § 352 — New York Code / Act RPT / Article 3 / Title 3 / Section 352
Minimum qualification standards for assessors and appraisal personnel
Status: in_force

§ 352. Minimum qualification standards for assessors and appraisal\npersonnel. The commissioner shall establish for cities to which this\ntitle applies minimum qualification standards for appointments to the\npositions of (a) chief or inferior assessor and (b) other administrative\npositions having professional appraisal duties relating to the\nassessment of real property for purposes of taxation. Such standards\nshall be set forth in rules and regulations promulgated by the\ncommissioner.\n
N.Y. VAT Law § 331 — New York Code / Act VAT / Title 3 / Article 7 / Section 331
Proof required upon certain convictions
Status: in_force

§ 331. Proof required upon certain convictions. (a) Whenever the\ncommissioner, or other authorized person, under any law of this state\nsuspends or revokes the operator's or chauffeur's license of any person\nbecause of the conviction of such person, the commissioner shall also\nsuspend any and all of the registration certificates and registration\nplates issued for any motor vehicle registered in the name of the person\nso convicted as owner except that he shall not suspend such evidence of\nregistration, unless otherwise required by law, in the event such owner\nhas previously given, or shall immediately give and thereafter maintain\nproof of his financial responsibility in the future in the manner\nhereinafter specified in this article with respect to each and every\nmotor vehicle owned and registered by such person.\n  (b) Such suspensions or revocation shall remain in effect and the\ncommissioner shall not issue to any such person any new or renewal\nlicense or register in the name of such person any motor vehicle, until\npermitted under this chapter and not then unless and until such person\ngives proof of his financial responsibility in the future as hereinafter\nprovided in this article. Reversal on appeal of any conviction because\nof which any license or registration has been suspended pursuant to this\narticle shall entitle the holder to the restoration thereof forthwith\nwithout proof of financial responsibility.\n  (c) For the purpose of this article the term conviction shall include\na forfeiture of bail or collateral deposited to secure a defendant's\nappearance in court, which forfeiture has not been vacated, upon a\ncharge which upon conviction of the defendant requires or authorizes the\ncommissioner to suspend or revoke the license of such person.\n
N.Y. ELN Law § 5-308 — New York Code / Act ELN / Article 5 / Title 3 / Section 5-308
Enrollment; automatic voter registration
Status: in_force

§ 5-308. Enrollment; automatic voter registration. 1. The board of\nelections shall, promptly and not later than twenty-one days after\nreceipt of a voter registration or pre-registration application\nsubmitted pursuant to title nine of this article by a voter registering\nor pre-registering for the first time, send any such voter who did not\nenroll in a party a notice and a form to indicate party enrollment. Such\nnotice shall offer the voter the opportunity to enroll with a party or\nto decline to enroll with a party and contain the following statement in\nprominent type "ONLY ENROLLED MEMBERS OF A POLITICAL PARTY MAY VOTE IN\nTHAT PARTY'S PRIMARIES." Such form shall provide a clear alternative for\nthe applicant to decline to affiliate with any party.\n  2. Notwithstanding subdivision two of section 5-304 of this title, if\na voter who registered to vote for the first time (or pre-registered)\npursuant to title nine of this article responds to the notice required\nby subdivision one of this section and elects to enroll in a party, such\nenrollment shall take effect immediately. However, any pre-registrant's\nregistration shall remain classified as "pending" until the voter\nreaches the age of eligibility.\n  3. If a voter appears at a primary election and votes by affidavit\nballot indicating the intent to enroll in such party, such affidavit\nballot shall cause the voter to be enrolled immediately in that party if\nthe board of elections determines that the voter registered (or\npre-registered) to vote for the first time pursuant to title nine of\nthis article.\n  4. If a voter appears at a primary election and votes by affidavit\nballot indicating the intent to enroll in such party, such affidavit\nballot shall be cast and counted if the board of elections determines\nthat the voter registered (or pre-registered) to vote at least ten days\nbefore that primary pursuant to title nine of this article and such\nvoter is otherwise qualified to vote in such election.\n
N.Y. VAT Law § 304 — New York Code / Act VAT / Title 3 / Article 5 / Section 304
Inspection and certificates of inspection
Status: in_force

§ 304. Inspection and certificates of inspection. (a) No certificate\nor certificates of inspection shall be issued by an official inspection\nstation until the mechanisms and other equipment, as specified in\nsection three hundred one (c) of this chapter, of the motor vehicle\ninspected are in proper and safe condition and comply with the rules and\nregulations of the commissioner and with the laws of this state and the\nemissions of such motor vehicle conform with subdivision (d) of section\nthree hundred one of this article and regulations promulgated pursuant\nthereto at the time the certificate is issued.\n  (b) If such inspection discloses the necessity for adjustments,\ncorrections or repairs the owner shall be so notified and shall have\nsuch adjustments, corrections or repairs made within a period of thirty\ndays. If such inspection discloses improper tire pressure, the owner\nshall be so notified and may have such adjustments, corrections or\nrepairs made as authorized by this subdivision. The commissioner shall\nestablish procedures for reporting the results of such inspections and\nfor notifying the owners. The owner may have such adjustments,\ncorrections and repairs made in any way and by any person provided that\nsuch repairs are made in a manner consistent with federal law and\nregulations.\n  (c) The commissioner shall issue certificates of inspection to\nofficial inspection stations. Such certificates of inspection shall be\nserially numbered and shall bear such information as the commissioner\nmay require, and shall include a notice that any complaint against an\nofficial inspection station for inadequate inspection or for making\nexcessive or unreasonable repairs, may be made in writing to the\ndepartment of motor vehicles at Albany, New York. Each certificate shall\nbe valid until the end of the inspection period during which the motor\nvehicle must again be inspected, as determined by the rules and\nregulations of the commissioner, or until the end of the repair period\ndesignated under section three hundred four (b), whichever occurs first.\n
N.Y. PBA Law § 160 — New York Code / Act PBA / Article 2 / Title 3 / Section 160
Bonds legal investments for public officers and fiduciaries
Status: in_force

* § 160. Bonds legal investments for public officers and fiduciaries.\nThe bonds are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings institutions, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, administrators, guardians, executors,\ntrustees and other fiduciaries and all other persons whatsoever who are\nnow or may hereafter be authorized to invest in bonds or other\nobligations of the state may properly and legally invest funds,\nincluding capital in their control or belonging to them. The bonds are\nalso hereby made securities which may be deposited with and shall be\nreceived by all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions for any purpose for which the\ndeposit of bonds or other obligations of this state is now or may\nhereafter be authorized.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. VAT Law § 398-H — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-H
Separability clause
Status: in_force

§ 398-h. Separability clause. If any part or provision of this article\nor the application thereof to any person or circumstances be adjudged\ninvalid by any court of competent jurisdiction, such judgment shall be\nconfined in its operation to the part, provision or application directly\ninvolved in the controversy in which such judgment shall have been\nrendered and shall not affect or impair the validity of the remainder of\nthis article or the application thereof to other persons or\ncircumstances.\n
N.Y. DOM Law § 115 — New York Code / Act DOM / Article 7 / Title 3 / Section 115
General provisions relating to private-placement adoptions
Status: in_force

§ 115. General provisions relating to private-placement adoptions. 1.\n(a) Except as otherwise provided in this title, private-placement\nadoptions shall be effected in the same manner as provided in sections\none hundred twelve and one hundred fourteen of title two of this\narticle.\n  (b) A person or persons seeking to commence a private-placement\nadoption shall, prior to the submission of a petition for such adoption\nand prior to any transfer of physical custody of an adoptive child, be\ncertified as a qualified adoptive parent or parents by a court of\ncompetent jurisdiction pursuant to section one hundred fifteen-d of this\ntitle.  The provisions of such section may be waived upon the court's\nown motion or upon the application of any party for good cause shown.\n  (c) A non-resident person or persons seeking to commence a\nprivate-placement adoption of a child present within the state at the\ntime of placement shall, prior to any transfer of physical custody of an\nadoptive child, make application for certification as a qualified\nadoptive parent or parents by a court of competent jurisdiction pursuant\nto section one hundred fifteen-d of this title. Upon application of such\nperson or persons, the court of the county to which the certification\npetition is properly filed may take or retain jurisdiction of the\nadoption proceeding. The provisions of this paragraph may be waived upon\nthe court's own motion or upon the application of any party for good\ncause shown.\n  2. The proceeding shall be instituted in the county where the adoptive\nparents reside or, if such adoptive parents do not reside in this state,\nin the county where the adoptive child resides.\n  3. The adoptive parents or parent, the adoptive child and all persons\nwhose consent is required by section one hundred eleven of this article\nmust appear for examination before the judge or surrogate of the court\nwhere the adoption proceedings are instituted. The judge or surrogate\nmay dispense with the personal appearance of the adoptive child or of an\nadoptive parent who is on active duty in the armed forces of the United\nStates.\n  4. The agreement of adoption shall be executed by the adoptive parents\nor parent.\n  5. Where the petition alleges that either or both of the birth parents\nof the child have been deprived of civil rights or are mentally ill or\ndevelopmentally disabled, proof shall be submitted that such disability\nexists at the time of the proposed adoption.\n  6. The adoptive parent or parents shall also present in an affidavit a\ndescription of any change of circumstances since their certification as\na qualified adoptive parent or parents, pursuant to section one hundred\nfifteen-d of this title, which may be relevant and material to such\ncertification.\n  7. Where the adoptive child is to be adopted upon the consent of some\nperson other than his father or mother, there shall also be presented\nthe affidavit of such person showing how he or she obtained lawful\ncustody of the child.\n  8. The adoptive parent or parents shall also present an affidavit\ndescribing all fees, compensation and other remunerations paid by such\nparent or parents on account of or incidental to the birth or care of\nthe adoptive child, the pregnancy or care of the adoptive child's mother\nor the placement or adoption of the child and on account of or\nincidental to assistance in arrangements for such placement or adoption.\nThe attorney representing the adoptive parents shall also present an\naffidavit describing all fees, compensation and other remuneration\nreceived by him on account of or incidental to the placement or adoption\nof the child or assistance in arrangements for such placement or\nadoption.\n  9. The petition must be verified, the agreement and consents executed\nand acknowledged, the proof given and the affidavit sworn to by the\nrespective persons before such judge or surrogate; but where the\nverification, agreement or consent of an adoptive parent, birth parent\nor person whose consent is necessary to the adoption is duly\nacknowledged or proved and certified in form sufficient to entitle a\nconveyance to be recorded in this state, (except that when executed and\nacknowledged within the state of New York, no certificate of the county\nclerk shall be required), such judge or surrogate may grant the order of\nadoption without the personal appearance of such adoptive parent, birth\nparent or person. The judge or surrogate may, in his discretion,\ndispense with the requirement that the adoptive child appear for\nexamination or join in the petition, where otherwise required. In any\nadoption proceeding where the judge or surrogate shall dispense with the\npersonal appearance of such adoptive parent, birth parent, person whose\nconsent is necessary to the adoption, or adoptive child, the reason\ntherefor must be for good cause shown, and shall be recited in the order\nof adoption.\n  10. In all cases where the consents of the persons mentioned in\nsubdivision two, three and four of section one hundred eleven of this\narticle are not required or where the adoptive child is an adult notice\nof such application shall be served upon such persons as the judge or\nsurrogate may direct.\n  11. The provisions of title two prohibiting the surname of the child\nfrom appearing in the papers, prohibiting disclosure of the surname of\nthe child to the adoptive parents, and requiring a separate application\nfor issuance of a certified copy of an order of adoption prior to the\nsealing of the papers, requiring the filing of a verified schedule,\nshall not apply to private-placement adoptions; provided, however, that\nthe facts required to be stated in the verified schedule in an agency\nadoption shall be set forth in the petition.\n  12. (a) If the child who is being adopted was placed or brought into\nNew York for the purpose of adoption from a state which is a party to\nthe interstate compact on the placement of children and the provisions\nof the compact applied to such placements, the petition must contain a\nstatement that the provisions of section three hundred seventy-four-a of\nthe social services law were complied with and where applicable, that\nthe provisions of section three hundred eighty-two of such law were also\ncomplied with.\n  (b) If the child who is being adopted was placed or brought into New\nYork for the purpose of adoption from a state which is not a party to\nthe interstate compact on the placement of children, the petition, where\napplicable, must contain a statement that the provisions of section\nthree hundred eighty-two of the social services law were complied with.\n  13. If the placement of a child into the state of New York is subject\nto the provisions of sections three hundred seventy-four-a and/or three\nhundred eighty-two of the social services law, there shall be attached\nto the petition a copy of the document signed by New York's\nadministrator of the interstate compact on the placement of children or\nhis designee which informs the agency or person who placed the child\ninto the state that such placement complied with the provisions of the\ncompact and/or a copy of the license which is issued pursuant to the\nprovisions of section three hundred eighty-two of the social services\nlaw to the person, institution, corporation or agency which placed or\nbrought the child into this state.\n
N.Y. ENV Law § 15-0315 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0315
Relations with other governmental bodies and agencies
Status: in_force

§ 15-0315. Relations with other governmental bodies and agencies.\n  1. In order to adequately protect the interests of the state in its\nwater resources, the department is hereby authorized to:\n  a. Cooperate with the appropriate agencies of the federal government\nor this or other states, or any interstate bureau, group, division or\nagency with respect to the use of water from lakes, ponds, rivers and\nstreams, which are without or wholly or partially contained within this\nstate, and to endeavor to harmonize any conflicting claims which might\narise therefrom.\n  b. Appear, represent and act for the state in respect to any\nproceeding before either a federal or state governmental body or agency\nwhere the water resources of the state may be affected, and may do and\nperform such acts in connection therewith as it deems proper to protect\nthe interests of the state.\n  c. Present for the consideration of the Congress or officers of the\nfederal government, as occasion requires, the just rights of the state\nin relation to its waters and institute and prosecute appropriate\nactions and proceedings to secure such rights, and defend any action or\nproceeding calculated to impair such rights.\n  2. The department is designated as the agent of the state to obtain\nthe cooperation, aid and assistance of any appropriate federal agencies\nin the performance of the functions of the department or of any regional\nplanning and development board created under title 11 of this article.\nThe department may enter into contracts, when required, with any such\nfederal agencies for such purposes. Wherever it is required by a federal\nstatute, rule or regulations that such cooperation, aid and assistance\nbe given on a matching-funds basis, the department, if funds have been\nappropriated and are available therefor, is designated as the agent of\nthe state to enter into contracts on said basis; provided, however, that\npayment by the state shall not exceed one-half of the cost, including\npersonal service, of the services rendered by the federal agencies. All\ncontracts entered into by the department shall be executed by its\ncommissioner and in the manner and form prescribed by law.\n
N.Y. ENV Law § 13-0311 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0311
Digger's permit to take shellfish for commercial purposes; when not required
Status: in_force

§ 13-0311. Digger's permit to take shellfish for commercial purposes;\n               when not required.\n  1. Subject to the provisions of this article, a person may take\nshellfish from under water lands in the state for commercial purposes,\nincluding the culling, sorting or tagging of such shellfish, only upon\nfirst obtaining a digger's permit from the department, provided,\nhowever, that the application for such permit by a person sixteen years\nof age or under shall be signed by his parent or legal guardian, who\nshall thereby consent to the issuance of the permit.\n  2. The department shall prescribe and furnish forms for application\nfor such permit.\n  3. The fee for such permit shall be fifty dollars for a person\ndomiciled within the state. The fee for persons not domiciled within the\nstate shall be one hundred fifty dollars. Such permit shall expire on\nDecember 31 of the year of issue. If it appears in the public interest,\nthe department may, after hearing held on ten day's notice, suspend or\ncancel such permits, except that in case of a taking from an uncertified\narea such suspension or cancellation may be without prior notice.\n  4. The holder of such permit shall not ship or sell shellfish, except\nto a holder of a valid Class A, B, or E shipper's permit, issued\npursuant to section 13-0315 of this title, who has a place of business\nin the county of Nassau or Suffolk, without first obtaining a shipper's\npermit as provided in subdivision 1 of section 13-0315.\n  5. Subject to the provisions of this article, a person may, without\npermit, take not more than a total of four pecks (one bushel) of\nshellfish other than bay scallops and not more than four pecks of bay\nscallops (Argopecten irradians) in any one day for the use of such\nperson or such person's family. Within the one bushel total limit of\nspecies, other than bay scallops, which may be taken in one day the\nfollowing species-specific limits shall apply:\n  a. Hard clams (Mercenaria mercenaria). Not more than one hundred\nindividual organisms.\n  b. Blue mussels (Mytilus edulis). Not more than two pecks.\n  c. Oysters (Crassostrea virginica). Not more than two pecks.\n  d. Soft Clams (Mya arenaria). Not more than two pecks.\n  6. The holder of such digger's permit shall carry the permit assigned\nto such holder while engaged in the permitted activities, and the\nfailure by such holder to exhibit the permit to any shellfish inspector,\nenvironmental conservation officer, health official, peace officer,\nacting pursuant to such officers' special duties, police officer or\nmagistrate shall be presumptive evidence that no valid digger's permit\nhas been issued to the person who fails to produce such permit.\n  7. No person shall take shellfish or assist another in the taking of\nshellfish in any quantity, including the culling, sorting or tagging of\nsuch shellfish, during the time that such person's digger's permit\nprivileges have been revoked or suspended.\n  8. Endorsed vessels. a. Upon application to the department on forms\nfurnished by the department, a shellfish digger's permit may be endorsed\nfor use on a vessel, in which case such permit shall authorize all\npersons on board such vessel to engage in the taking of hard clams\n(Mercenaria mercenaria) and oysters (Crassostrea virginica), including\nthe culling, sorting, and tagging of such shellfish. Each application\nshall include a copy of one of the following documents as proof of\nvessel length: the certificate of documentation for the vessel issued by\nthe United States government, or the registration for the vessel issued\nby any state government within the United States.\n  b. The fee for endorsing a shellfish digger's permit to a vessel shall\nbe fifty dollars for a vessel that is forty feet or less in registered\nlength, and one hundred dollars for a vessel that is greater than forty\nfeet in registered length. Such fee shall be in addition to the permit\nfee provided for in subdivision three of this section.\n  c. Not more than one rake, tong or other shellfish harvesting device\nshall be used for the taking of hard clams and oysters at any given time\npursuant to a digger's permit which has been endorsed to a vessel.\n  d. A shellfish digger's permit which has been endorsed to a vessel\nshall not cover any person whose shellfish digger's permit privileges\nhave been revoked or suspended.\n  e. The holder of a shellfish digger's permit which has been endorsed\nto a vessel shall be on board such vessel at all times when the vessel\nis being used for the taking of hard clams and oysters.\n  f. The holder of a shellfish digger's permit which has been endorsed\nto a vessel shall be liable for all violations of this title that occur\non such vessel.\n  g. If the holder of a shellfish digger's permit which has been\nendorsed to a vessel is a corporation, the operator of such vessel shall\npossess a separate shellfish digger's permit issued in the operator's\nname, and such operator shall be liable for all violations of this title\nthat occur on such vessel.\n  h. A shellfish digger's permit shall not be endorsed to more than one\nvessel at any one time.\n  i. The holder of a shellfish digger's permit which has been endorsed\nto a vessel shall maintain a daily log indicating the names and\naddresses of individuals covered by such permit for each day the vessel\nis used for taking hard clams and oysters and shall make such log\navailable to the department upon request.\n
N.Y. PBH Law § 2133 — New York Code / Act PBH / Article 21 / Title 3 / Section 2133
Contact tracing of cases of AIDS, HIV related illness or HIV infection
Status: in_force

§ 2133. Contact tracing of cases of AIDS, HIV related illness or HIV\ninfection. 1.  Every municipal health commissioner or the department's\ndistrict health officer, upon determination that such reported case or,\nany other known case of HIV infection merits contact tracing in order to\nprotect the public health, shall personally or through their qualified\nrepresentatives notify the known contacts of the protected individual.\nSuch contact tracing shall be done consistent with protocols developed\npursuant to section twenty-one hundred thirty-seven of this title.\n  2. Such contact shall also be informed of (a) the nature of HIV, (b)\nthe known routes of transmission of the virus, (c) as circumstances may\nrequire, the risks of prenatal and perinatal transmission, (d) actions\nhe or she can take to limit further transmission of the virus, (e) other\nfacilities or community based organizations which are accessible to the\nperson that provide counseling, medical care and treatment, further\ninformation or other appropriate services for persons infected with HIV.\n  3. In notifying any contact identified in the course of any\ninvestigation conducted pursuant to this section, the physician or\npublic health officer shall not disclose the identity of the protected\nindividual or the identify of any other contact.\n  4. A physician or public health officer making a notification to a\ncontact pursuant to this section shall make such notification in person\nexcept where circumstances reasonably prevent doing so.\n
N.Y. VAT Law § 363 — New York Code / Act VAT / Title 3 / Article 7 / Section 363
Expenses of administering article
Status: in_force

§ 363. Expenses of administering article. 1. The total amount of\nexpenses incurred in connection with the administration of this article\nshall be paid by all insurance carriers which issue policies or\ncontracts of automobile bodily injury insurance risks subject to this\narticle resident or located in this state in accordance with the\nprovisions of this section.\n  2. Estimate of expenses. (a) The commissioner annually, as soon as\npracticable, shall estimate the total amount of expenses which shall be\nincurred during the succeeding fiscal year in connection with the\nadministration of this article. Such expenses, in addition to the direct\ncosts of personal service, shall include the costs of maintence and\noperation, the cost of retirement contributions made and workers'\ncompensation premiums paid by the state for or on account of personnel,\nrentals for space occupied in state-owned or state-leased buildings, the\namounts paid to a city, county, town, village or the division of state\npolice for the enforcement of orders issued pursuant to this article and\nall other direct or indirect costs.\n  (b) The commissioner shall on or before February first assess the\ntotal amount of such expenses, as so estimated, pro rata upon all\ninsurance carriers subject to the provisions of this section in\nproportion to the premiums reported by such carriers to the department\nof financial services for policies or contracts of automobile bodily\ninjury insurance on risks subject to this article resident or located in\nthis state for the year prior to the previous calendar year.\n  (c) For fiscal years beginning on or after April first, nineteen\nhundred eighty-three, each such insurance carrier shall make partial\npayments of the assessment levied against it as follows, one-quarter of\nthe total on March tenth of the preceding fiscal year, one-quarter on\nJune tenth, one-quarter on September tenth, and the balance on December\ntenth of the fiscal year, or on such other dates as the director of the\nbudget may prescribe. Provided, however, that the payment due March\ntenth, nineteen hundred eighty-three for the fiscal year beginning April\nfirst, nineteen hundred eighty-three shall not be required to be paid\nuntil June tenth, nineteen hundred eighty-three. If the total amount due\nfrom any such carrier is less than one hundred dollars, partial payments\nshall not be made and the total amount shall be paid on or before\nSeptember thirtieth of the fiscal year.\n  3. Final assessment. (a) The commissioner and the comptroller\nannually, as soon as practicable after April first, shall ascertain the\ntotal amount of expenses incurred during the preceding fiscal year in\nconnection with the administration of this article. An itemized\nstatement of the expenses so ascertained shall be open to public\ninspection in the office of the commissioner for thirty days after\nnotice to those liable to be assessed for such expenses.\n  (b) As soon as practicable after January first, each insurance carrier\nsubject to the provisions of this section shall file with the\ncommissioner a report of the total amount of gross direct premiums, less\nreturn premiums thereon received during the preceding calendar year for\npolicies or contracts of automobile bodily injury insurance on risks\nsubject to this article resident or located in this state.\n  (c) The commissioner shall then determine the amount of expenses due\nfrom each insurance carrier subject to the provisions of this section\nbased upon the final determination of total expenses and the final\namount of premiums filed by the insurance carriers and shall notify each\nsuch insurance carrier of such assessment. Within thirty days of receipt\nof such notification each such carrier shall pay the total amount of\nsuch assessment less the total amount paid as a result of the estimated\nassessments. If the total amount of the final assessment is less than\nthe amount already paid, such excess payment shall be refunded to such\ninsurance carrier or at the option of the assessed applied to\nassessments for the succeeding fiscal year as requested by such\ninsurance carrier.\n  4. The commissioner shall levy and collect such assessments and pay\nthe same into the state treasury, subject to the provisions of section\none hundred twenty-one of the state finance law.\n
N.Y. EXC Law § 523-M — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-M
Chair of the independent review board
Status: in_force

§ 523-m. Chair of the independent review board. The commissioner shall\nappoint one of the members of the independent review board to serve as\nits chair. The member so appointed shall serve as chair for a term of\nthree years. The chair of the board shall:\n  1. be responsible for coordinating the activities of the board, with\nthe assistance of the director;\n  2. preside at meetings of the board;\n  3. establish agenda items for board meetings; and\n  4. make recommendations to the commissioner for the removal of\ninactive board members.\n
N.Y. PBA Law § 553-K — New York Code / Act PBA / Article 3 / Title 3 / Section 553-K
Traffic mobility review board
Status: in_force

§ 553-k. Traffic mobility review board. 1. The authority's board shall\nestablish the "traffic mobility review" board (board), which shall\nconsist of a chair and five members, that shall be made up of regional\nrepresentation, one of whom shall be recommended by the mayor of the\ncity of New York, one of whom shall reside in the Metro North Region,\nand one of whom shall reside in the Long Island Rail Road Region.\nMembers of the board must have experience in at least one of the\nfollowing areas: public finance; transportation; mass transit; or\nmanagement. The chair and the members of the board shall be appointed by\nthe authority.\n  2. The board shall make a recommendation regarding the central\nbusiness district toll amounts to be established pursuant to article\nforty-four-C of the vehicle and traffic law, which shall include a\nvariable-pricing structure, no sooner than November fifteenth, two\nthousand twenty and no later than December thirty-first, two thousand\ntwenty, or no later than thirty days before a central business district\ntolling program is initiated, whichever is later. Such recommendation\nshall be submitted to the board of the Triborough bridge and tunnel\nauthority for consideration before the Triborough bridge and tunnel\nauthority board may approve central business district toll amounts that\nmay be established and adopted.\n  3. For purposes of recommending a central business district toll or\ntolls in addition to the goal of reducing traffic within the central\nbusiness district, the board shall, at minimum, ensure that annual\nrevenues and fees collected under such program, less costs of such\nprogram, provide for revenues into the central business district tolling\ncapital lockbox fund, established pursuant to section five hundred\nfifty-three-j of this chapter, necessary to fund fifteen billion dollars\nfor capital projects for the 2020 to 2024 capital program, and any\nadditional revenues above that amount to be available for any successor\nprogram. The board shall consider for purposes of its recommendations,\nfactors including but not limited to, traffic patterns, traffic\nmitigation measures, operating costs, public impact, public safety,\nhardships, vehicle type, discounts for motorcycles, peak and off-peak\nrates and environmental impacts, including but not limited to air\nquality and emissions trends. The board shall recommend a plan for\ncredits, discounts, and/or exemptions for tolls paid on bridges and\ncrossings which shall be informed by a traffic study associated with the\nimpact of any such credits, discounts and/or exemptions on the\nrecommended toll. The board shall recommend a plan for credits,\ndiscounts, and/or exemptions for for-hire vehicles defined, and subject\nto a surcharge imposed by, article twenty-nine-C of the tax law for a\nfor-hire transportation trip based on factors including, but not limited\nto, initial market entry costs associated with licensing and regulation,\ncomparative contribution to congestion in the central business district,\nand general industry impact. The board shall produce a detailed report\nthat provides information regarding the board's review and analysis for\npurposes of establishing its recommendations, including but not limited\nto, all of the considerations referred to in this subdivision. The board\nshall not recommend a toll that provides for charging passenger vehicles\nregistered pursuant to subdivision six of section four hundred one of\nthe vehicle and traffic law more than once per day.\n  4. The authority, its subsidiaries, affiliates, and subsidiaries of\naffiliates, the city of New York, and any state agency or authority\nshall provide any assistance necessary to assist in the completion of\nthe board's work and promptly respond to any requests for information or\nconsultation consistent with the purposes of this section.\n  5. The Metropolitan Transportation Authority capital plan shall be\nreviewed by the traffic mobility review board.\n  6. Members of the board shall serve without compensation.\n
N.Y. PBA Law § 1470-Q — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-Q
Termination of the authority
Status: in_force

*§ 1470-q. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or canceled, and all\nits liabilities met or discharged, and the termination date of its\ncorporate existence as set forth in section fourteen hundred seventy-b\nof this title shall have been reached, the authority shall cease to\nexist and all rights, titles and interests and all obligations and\nliabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the city of Rome.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBH Law § 4135-B — New York Code / Act PBH / Article 41 / Title 3 / Section 4135-B
Voluntary acknowledgments of parentage
Status: in_force

§ 4135-b. Voluntary acknowledgments of parentage. 1. (a) Immediately\npreceding or following the in-hospital birth of a child to an unmarried\nperson or to a person who gave birth to a child conceived through\nassisted reproduction, the person in charge of such hospital or his or\nher designated representative shall provide to the unmarried person who\ngave birth to the child and the alleged genetic parent, if such alleged\ngenetic parent is readily identifiable and available, or to the person\nwho gave birth and the other intended parent of a child conceived\nthrough assisted reproduction if such person is readily identifiable and\navailable, the documents and written instructions necessary for such\nperson or to a person who gave birth to a child conceived through\nassisted reproduction and alleged persons to complete an acknowledgment\nof parentage witnessed by two persons not related to the signatory. Such\nacknowledgment, if signed by both parties, at any time following the\nbirth of a child, shall be filed with the registrar at the same time at\nwhich the certificate of live birth is filed, if possible, or anytime\nthereafter. Nothing herein shall be deemed to require the person in\ncharge of such hospital or his or her designee to seek out or otherwise\nlocate an alleged genetic parent or intended parent of a child conceived\nthrough assisted reproduction who is not readily identifiable or\navailable.\n  (b) The following persons may sign an acknowledgment of parentage to\nestablish the parentage of the child:\n  (i) An unmarried person who gave birth to the child and another person\nwho is a genetic parent.\n  (ii) A married or unmarried person who gave birth to the child and\nanother person who is an intended parent under section 581-303 of the\nfamily court act of a child conceived through assisted reproduction.\n  (c) An acknowledgment of parentage shall be in a record signed by the\nperson who gave birth to the child and by either the genetic parent\nother than the person who gave birth to the child or a person who is a\nparent under section 581-303 of the family court act of the child\nconceived through assisted reproduction.\n  (d) An acknowledgment of parentage is void if, at the time of signing,\nany of the following are true:\n  (i) A person other than the signatories is a presumed parent of the\nchild under section twenty-four of the domestic relations law;\n  (ii) A court has entered a judgment of parentage of the child;\n  (iii) Another person has signed a valid acknowledgment of parentage\nwith regard to the child;\n  (iv) The child has a parent under section 581-303 of the family court\nact other than the signatories;\n  (v) A signatory is a gamete donor under section 581-302 of the family\ncourt act;\n  (vi) The acknowledgment is signed by a person who asserts that they\nare a parent under section 581-303 of the family court act of a child\nconceived through assisted reproduction, but the child was not conceived\nthrough assisted reproduction.\n  (e) The acknowledgment shall be executed on a form provided by the\ncommissioner developed in consultation with the commissioner of the\noffice of temporary and disability assistance, which shall: (i) include\nthe social security number of the signatories; (ii) provide in plain\nlanguage (A) a statement by the person who gave birth to the child\nconsenting to the acknowledgment of parentage and a statement that the\nother signatory is the only possible other genetic parent or that the\nother signatory is an intended parent and the child was conceived\nthrough assisted reproduction, (B) a statement by the, alleged genetic\nparent, if any, that he or she is the genetic parent of the child, and\n(C) a statement that the signing of the acknowledgment of parentage by\nboth parties shall have the same force and effect as an order of\nparentage or filiation entered after a court hearing by a court of\ncompetent jurisdiction, including an obligation to provide support for\nthe child except that, only if filed with the registrar of the district\nin which the birth certificate has been filed, will the acknowledgment\nhave such force and effect with respect to inheritance rights; and (iii)\ninclude the name and address, if known, of any gamete donors.\n  (f) Prior to the execution of an acknowledgment of parentage, the\nperson who gave birth to the child and the other signatory shall be\nprovided orally, which may be through the use of audio or video\nequipment, and in writing with such information as is required pursuant\nto this section with respect to their rights and the consequences of\nsigning a voluntary acknowledgment of parentage including, but not\nlimited to:\n  (i) that the signing of the acknowledgment of parentage shall\nestablish the parentage of the child and shall have the same force and\neffect as an order of parentage or filiation issued by a court of\ncompetent jurisdiction establishing the duty of both parties to provide\nsupport for the child;\n  (ii) that if such an acknowledgment is not made, the signatory other\nthan the person who gave birth to the child can be held liable for\nsupport only if the family court, after a hearing, makes an order\ndeclaring that the person is the parent of the child whereupon the court\nmay make an order of support which may be retroactive to the birth of\nthe child;\n  (iii) that if made a respondent in a proceeding to establish parentage\nthe signatory other than the person who gave birth to the child has a\nright to free legal representation if indigent;\n  (iv) that an alleged genetic parent has a right to a genetic marker\ntest or to a DNA test when available;\n  (v) that by executing the acknowledgment, the alleged genetic parent\nwaives their right to a hearing, to which they would otherwise be\nentitled, on the issue of parentage;\n  (vi) that a copy of the acknowledgment of parentage shall be filed\nwith the registry created by section three hundred seventy-two-c of the\nsocial services law, and that such filing may establish the child's\nright to inheritance from the alleged genetic parent or the other\nintended parent of a child conceived through assisted reproduction\npursuant to clause (B) of subparagraph two of paragraph (a) of section\n4-1.2 of the estates, powers and trusts law;\n  (vii) that, if such acknowledgment is filed with the registrar of the\ndistrict in which the birth certificate has been filed, such\nacknowledgment will establish inheritance rights from the alleged\ngenetic parent or the other intended parent of a child conceived through\nassisted reproduction pursuant to clause (A) of subparagraph two of\nparagraph (a) of section 4-1.2 of the estates, powers and trusts law;\n  (viii) that no further judicial or administrative proceedings are\nrequired to ratify an unchallenged acknowledgment of parentage provided,\nhowever, that:\n  (A) A signatory to an acknowledgment of parentage, who had attained\nthe age of eighteen at the time of execution of the acknowledgment,\nshall have the right to rescind the acknowledgment within the earlier of\nsixty days from the date of signing the acknowledgment or the date of an\nadministrative or a judicial proceeding (including, but not limited to,\na proceeding to establish a support order) relating to the child in\nwhich the signatory is a party, provided that the "date of an\nadministrative or a judicial proceeding" shall be the date by which the\nrespondent is required to answer the petition;\n  (B) A signatory to an acknowledgment of parentage, who had not\nattained the age of eighteen at the time of execution of the\nacknowledgment, shall have the right to rescind the acknowledgment\nanytime up to sixty days after the signatory's attaining the age of\neighteen years or sixty days after the date on which the respondent is\nrequired to answer a petition (including, but not limited to, a petition\nto establish a support order) relating to the child, whichever is\nearlier; provided, however, that the signatory must have been advised at\nsuch proceeding of his or her right to file a petition to vacate the\nacknowledgment within sixty days of the date of such proceeding;\n  (ix) that after the expiration of the time limits set forth in clauses\n(A) and (B) of subparagraph (viii) of this paragraph, any of the\nsignatories may challenge the acknowledgment of parentage in court only\non the basis of fraud, duress, or material mistake of fact, with the\nburden of proof on the party challenging the voluntary acknowledgment;\n  (x) that the person who gave birth to the child and the other\nsignatory may wish to consult with attorneys before executing the\nacknowledgment; and that they have the right to seek legal\nrepresentation and supportive services including counseling regarding\nsuch acknowledgment;\n  (xi) that the acknowledgment of parentage may be the basis for the\nsignatory other than the person who gave birth to the child establishing\ncustody and visitation rights to the child and for requiring the consent\nof the signatory other than the person who gave birth to the child prior\nto an adoption proceeding;\n  (xii) that the refusal of the person who gave birth to the child to\nsign the acknowledgment shall not be deemed a failure to cooperate in\nestablishing parentage of the child; and\n  (xiii) that the child may bear the last name of either parent, or any\ncombination thereof, which name shall not affect the legal status of the\nchild.\nIn addition, the governing body of such hospital shall ensure that\nappropriate staff shall provide to the person who gave birth to the\nchild and the other signatory, prior to the discharge from the hospital\nof the person who gave birth to the child, the opportunity to speak with\nhospital staff to obtain clarifying information and answers to their\nquestions about parentage establishment, and shall also provide the\ntelephone number of the local support collection unit.\n  (g) Within ten days after receiving the certificate of birth, the\nregistrar shall furnish without charge to each parent or guardian of the\nchild or to the person who gave birth at the address designated by her\nfor that purpose, a certified copy of the certificate of birth and, if\napplicable, a certified copy of the written acknowledgment of parentage.\nIf the person who gave birth is in receipt of child support enforcement\nservices pursuant to title six-A of article three of the social services\nlaw, the registrar also shall furnish without charge a certified copy of\nthe certificate of birth and, if applicable, a certified copy of the\nwritten acknowledgment of parentage to the social services district of\nthe county within which the person who gave birth resides.\n  2. (a) When a child's parentage is acknowledged voluntarily pursuant\nto section one hundred eleven-k of the social services law, the social\nservices official shall file the executed acknowledgment with the\nregistrar of the district in which the birth occurred and in which the\nbirth certificate has been filed.\n  (b) Where a child's parentage has not been acknowledged voluntarily\npursuant to paragraph (a) of subdivision one of this section or\nparagraph (a) of this subdivision, the person who gave birth to the\nchild and the other signatory may voluntarily acknowledge a child's\nparentage pursuant to this paragraph by signing the acknowledgment of\nparentage.\n  (c) A signatory to an acknowledgment of parentage, who has attained\nthe age of eighteen at the time of execution of the acknowledgment shall\nhave the right to rescind the acknowledgment within the earlier of sixty\ndays from the date of signing the acknowledgment or the date of an\nadministrative or a judicial proceeding (including, but not limited to,\na proceeding to establish a support order) relating to the child in\nwhich either signatory is a party; provided that for purposes of this\nsection, the "date of an administrative or a judicial proceeding" shall\nbe the date by which the respondent is required to answer the petition.\n  (d) A signatory to an acknowledgment of parentage, who has not\nattained the age of eighteen at the time of execution of the\nacknowledgment, shall have the right to rescind the acknowledgment\nanytime up to sixty days after the signatory's attaining the age of\neighteen years or sixty days after the date on which the respondent is\nrequired to answer a petition (including, but not limited to, a petition\nto establish a support order) relating to the child in which the\nsignatory is a party, whichever is earlier; provided, however, that the\nsignatory must have been advised at such proceeding of his or her right\nto file a petition to vacate the acknowledgment within sixty days of the\ndate of such proceeding.\n  (e) After the expiration of the time limits set forth in paragraphs\n(c) and (d) of this subdivision, any of the signatories may challenge\nthe acknowledgment of parentage in court only on the basis of fraud,\nduress, or material mistake of fact, with the burden of proof on the\nparty challenging the voluntary acknowledgment. The acknowledgment shall\nhave full force and effect once so signed. The original or a copy of the\nacknowledgment shall be filed with the registrar of the district in\nwhich the birth certificate has been filed.\n  3. (a) An acknowledgment of parentage executed by any two people\neligible to sign such an acknowledgment under paragraph (b) of\nsubdivision one of this section, married or unmarried, shall establish\nthe parentage of a child and shall have the same force and effect as an\norder of parentage or filiation issued by a court of competent\njurisdiction. Such acknowledgement shall thereafter be filed with the\nregistrar pursuant to subdivision one or two of this section.\n  (b) A registrar with whom an acknowledgment of parentage has been\nfiled pursuant to subdivision one or two of this section shall file the\nacknowledgment with the state department of health, the New York city\ndepartment of health and mental hygiene and the registry operated by the\ndepartment of social services pursuant to section three hundred\nseventy-two-c of the social services law. If the acknowledgment includes\nthe name and address of any known gamete donors of a child conceived\nthrough assisted reproduction, the state department of health or the New\nYork city department of health and mental hygiene shall mail a copy to\nthe known donors listed on the form with the social security numbers of\nthe signatories redacted.\n  4. The court shall give full faith and credit to an acknowledgment of\nparentage effective in another state if the acknowledgment was in a\nsigned record and otherwise complies with the law of the other state.\n  5. A new certificate of birth shall be issued if the certificate of\nbirth of the child as defined in paragraph (b) of subdivision one of\nsection four thousand one hundred thirty-five of this article has been\nfiled without entry of the name of the signatory other than the person\nwho gave birth, and the commissioner thereafter receives a notarized\nacknowledgment of parentage accompanied by the written consent of the\nperson who gave birth to the child and other signatory to the entry of\nthe name of such person, which consent may also be to a change in the\nsurname of the child.\n  6. Any reference to an acknowledgment of paternity in any law of this\nstate shall be interpreted to mean an acknowledgment of parentage signed\npursuant to this section or signed in another state consistent with the\nlaw of that state.\n
N.Y. VAT Law § 303 — New York Code / Act VAT / Title 3 / Article 5 / Section 303
Official inspection stations
Status: in_force

§ 303. Official inspection stations. (a) The commissioner is\nauthorized to operate, enter into contracts with any person to operate,\nand license official inspection stations for the purpose of making the\ninspection prescribed by this article and for the purpose of issuing\ncertificates of inspection.\n  (1) A license to operate an official inspection station shall be\nissued only upon written application which shall set forth such facts\nand evidence as may be required to ascertain the identity,\nqualifications and character of the applicant. An original application\nfor a license for an official inspection station shall be accompanied by\nan application fee of twenty-five dollars, which shall in no event be\nrefunded. The commissioner shall issue a license, after appropriate\ninquiry and investigation, only when satisfied that the station is\nproperly equipped and has competent personnel to make such inspections\nand that such inspections will be properly conducted, and that the\napplicant complies with the provisions of this article and the rules and\nregulations promulgated thereunder. If an application is approved by the\ncommissioner, a license shall be issued to the applicant. The annual fee\nfor a license or license renewal shall be fifty dollars. The\ncommissioner may issue such licenses on a staggered expiration basis, in\nwhich event the fees for such licenses shall be prorated on a monthly\nbasis. In no event shall the fee exceed one hundred dollars for two\nyears. The commissioner shall have discretion to issue a license or\nlicense renewal which shall be valid for a period of not more than two\nyears. The fee for any such renewal shall be not more than one hundred\ndollars.\n  (2) The commissioner may issue a temporary permit to any applicant for\na license under the provisions of this article pending final action on\nan application made for such a license, and the computation of the\nlicense fee, if a license is issued, shall be computed from the date of\nissuance of the temporary permit. Any such permit shall be valid for a\nperiod not in excess of sixty days. The provisions of this paragraph\nrelating to fees, shall not apply to the state, a city, county, village,\ntown or school district, or any of the departments thereof.\n  (3) A contract to operate an emission inspection facility shall\ninclude the following conditions:\n  (i) emission inspection facilities must be geographically dispersed\nthroughout each region in numbers sufficient to allow motorists\nreasonable access to such facilities;\n  (ii) maximum daily average waiting times for motorists at emission\ninspection facilities shall not exceed fifteen minutes for more than\nfive days each calendar month; and\n  (iii) no emission inspection facility authorized by a chapter of the\nlaws of nineteen hundred ninety-three shall begin to operate\ncommercially, except for a limited test period not to exceed thirty-one\ndays as approved by the department, prior to January first, nineteen\nhundred ninety-six, in any area of the state which has an emission\ninspection program in operation at the time of the enactment of such\nchapter. The commissioner shall approve any proposed fee schedule to the\nextent that it will allow an official inspection station operating such\na pre-existing program to recover any additional fee imposed by such\nchapter.\n  (b) Each official inspection station shall keep a record of\ninspections, re-inspections, and the results thereof, and a record of\ncertificates of inspection issued.\n  (c) Each official inspection station shall prominently display in an\narea of the station where the orderly transaction of business of such\nstation occurs a sign provided or approved by the department and, after\na motor vehicle fails to pass inspection at such station, provide\nwritten notice on forms provided or approved by the department to the\nowner or person in charge of said vehicle that the necessary repairs\nmust be made to the vehicle within thirty days from the date of\ninspection and that such repairs need not necessarily be made at that\nstation and shall be made in a manner consistent with federal law and\nregulations. The period allowed for repair shall not extend the\nexpiration date of either the inspection sticker or registration\ncertificate.\n  (d) 1. The commissioner shall supervise and cause inspections to be\nmade of such official inspection stations. It shall be the duty of the\nsuperintendent of state police and of the police forces of all\nmunicipalities of the state to assist the commissioner in assuring\ncompliance by all official inspection stations with the provisions of\nthis article and with all rules and regulations promulgated thereunder.\nAn official inspection station and the records thereof shall be open for\ninspection at reasonable times by any police officer or any person\ndesignated by the commissioner to inspect such official inspection\nstations or any person designated by the commissioner of environmental\nconservation to inspect such official inspection stations with respect\nto emission inspections.\n  2. The commissioner shall have the right to inspect motor vehicles\nlocated on the premises of any person, association, corporation,\nsubsidiary corporation or municipality having obtained permission to\nconduct self-inspection of motor vehicles pursuant to subdivision (c) or\n(f) of section three hundred two of this chapter and which have been\nissued a certificate of inspection within the previous fifteen days.\n  (e) 1. A license to operate an official inspection station or a\ncertificate to inspect vehicles may be suspended or revoked or renewal\nthereof may be refused by the commissioner or any person duly deputized\nfor one or more of the following causes:\n  (i) Failure to conduct inspections in conformance with the provisions\nof this article and the rules and regulations promulgated thereunder or\nimproper issuance of certificates of inspections.\n  (ii) Conviction of a crime involving fraud, theft, perjury or bribery\nor other cause which would permit disqualification from receiving a\nlicense or a certificate to inspect vehicles upon the original\napplication.\n  (iii) Fraud, deceit or misrepresentation in securing the license or a\ncertificate to inspect vehicles or in the conduct of licensed or\ncertified activity.\n  (iv) Excessive charges for conducting inspections and for making\nadjustments, corrections or repairs required by such inspections.\n  (v) Violation of any provision of this article or any rule or\nregulation promulgated thereunder.\n  2. Provided, however a license to operate an official inspection\nstation or a certificate to inspect vehicles shall be suspended or\nrevoked or renewal thereof shall be refused by the commissioner or any\nperson duly deputized, upon a third or subsequent violation committed\nwithin a period of eighteen months of any rule or regulation of the\ncommissioner requiring an inspection station to refuse to perform an\ninspection as set forth in paragraph two of subdivision (f) of section\n79.20 of title fifteen of the codes, rules and regulations of the state\nof New York. If the commissioner or any person duly deputized orders\npenalties to be paid pursuant to subdivision (h) of this section, such\npenalties shall be in addition to, but not in lieu of, a suspension,\nrevocation, or renewal thereof imposed pursuant to this paragraph.\n  3. Provided, however, a license to operate an official inspection\nstation or a certificate to inspect vehicles shall be suspended or\nrevoked or renewal thereof shall be refused by the commissioner or any\nperson duly deputized, upon a third or subsequent willful violation, all\nwithin a period of eighteen months, of any rule or regulation of the\ncommissioner requiring an inspection station to inspect the muffler or\nexhaust system of a motorcycle as set forth in subdivision (c) of\nsection 79.28 of title 15 of the codes, rules and regulations of the\nstate of New York. If the commissioner or any person duly deputized\norders penalties to be paid pursuant to subdivision (h) of this section,\nsuch penalties shall be in addition to, but not in lieu of, a\nsuspension, revocation, or renewal thereof imposed pursuant to this\nparagraph.\n  (f) No license or certificate shall be revoked or suspended, or\nrenewal refused, except upon notice to the licensee or certified\ninspector and after an opportunity to be heard. A license or\ncertificate, however, may be temporarily suspended upon a written notice\nof temporary suspension delivered by certified mail to the licensee or\ncertified inspector pending any prosecution, investigation or hearing.\nThe written notice of temporary suspension shall provide that the\ntemporary suspension is effective seventy-two hours after delivery of\nsuch notice. Whenever any license to operate an official inspection\nstation or certificate to inspect vehicles is revoked, no license or\ncertificate shall be reissued to an applicant until after the expiration\nof a period of one year from the date of such revocation.\n  (g) Upon the revocation or suspension of an inspection station license\nor certificate to inspect vehicles, the holder thereof shall deliver\nsuch license or certificate to the revoking or suspending officer,\ntogether with all inspection and inspection extension certificates, all\ninspection record forms, and any and all other items in the possession\nof the license or certificate holder which theretofore had been issued\nby the commissioner for use in connection with the inspection station or\nthe inspection of vehicles. The failure of the holder thereof to deliver\nany of the aforesaid items to the revoking or suspending officer, or to\nany peace officer, acting pursuant to his special duties, or police\nofficer directed by the commissioner or agent of the commissioner,\ndisplaying authorization to act in such capacity along with a certified\ncopy of the order revoking or suspending such inspection station\nlicense, to secure possession thereof, shall constitute a misdemeanor.\n  (h) The commissioner, or any person duly deputized, in addition to or\nin lieu of revoking or suspending a license to operate an official\ninspection station or a certificate to inspect vehicles, may by order\nrequire the licensee or certified inspector to pay to the people of this\nstate a penalty for a first violation a sum not exceeding one thousand\ndollars for each violation found to have been committed; and for a\nsecond or subsequent violation not arising out of the same incident both\nof which were committed within a period of thirty months, a sum of not\nmore than one thousand five hundred dollars for each violation found to\nhave been committed; provided, however, the penalty for each and any\nviolation of subparagraph (iii) of paragraph one of subdivision (e) of\nthis section found to have been committed shall be no less than five\nhundred dollars and no more than one thousand five hundred dollars, and\nprovided further, however, the penalty for a violation found to have\nbeen committed of any rule or regulation of the commissioner requiring\nan inspection station to refuse to perform an inspection as set forth in\nparagraph two of subdivision (f) of section 79.20 of title fifteen of\nthe codes, rules and regulations of the state of New York shall be a\nfine of not less than two hundred fifty dollars nor more than one\nthousand dollars for a first violation, and a fine of not less than five\nhundred dollars nor more than one thousand five hundred dollars for a\nsecond or subsequent such violation not arising out of the same incident\nboth of which were committed within a period of eighteen months, and\nupon the failure of such licensee to pay such penalty within twenty days\nafter the mailing of such order, postage prepaid, registered or\ncertified, and addressed to the last known place of business of such\nlicensee or certified inspector, unless such order is stayed by a court\nof competent jurisdiction or in accordance with the provisions of\narticle three-A of this chapter, the commissioner may revoke the license\nof such licensee or the certificate of such certified inspector or may\nsuspend the same for such period as may be determined. Civil penalties\nassessed under this subdivision shall be paid to the commissioner for\ndeposit into the state treasury, and unpaid civil penalties may be\nrecovered by the commissioner in a civil action in the name of the\ncommissioner. In addition, as an alternative to such civil action and\nprovided that no proceeding for judicial review shall then be pending\nand the time for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\nregistrant is located or the certified inspector resides a final order\nof the commissioner containing the amount of the penalty assessed. The\nfiling of such final order shall have the full force and effect of a\njudgment duly docketed in the office of such clerk and may be enforced\nin the same manner and with the same effect as that provided by law in\nrespect to executions issued against property upon judgments of a court\nof record.\n  (i) The holder of an inspection station license shall remove or cause\nto be removed any sign which contains the license number of the station\nwhich is visible to the public and which is required to be displayed by\nthis article or regulations promulgated thereunder if the license is\nrevoked or suspended or the inspection station is out of business. If\nthe license is only suspended, the holder may cover up the sign instead\nof removing it.\n  (j) No person shall permit the display of any sign required to be\ndisplayed by this article or regulations promulgated thereunder\nindicating to the public that an official inspection station is\noperating unless an inspection station license has been issued to that\nperson and is currently valid.\n
N.Y. GOB Law § 3-301 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-301
Powers of married woman
Status: in_force

§ 3-301. Powers of married woman. 1. A married woman has all the\nrights in respect to property, real or personal, and the acquisition,\nuse, enjoyment and disposition thereof, and to make contracts in respect\nthereto with any person, including her husband, and to carry on any\nbusiness, trade or occupation, and to exercise all powers and enjoy all\nrights in respect thereto and in respect to her contracts, and be liable\non such contracts, as if she were unmarried.\n  2. All sums that may be recovered in actions or special proceedings by\na married woman to recover damages to her person, estate or character\nshall be the separate property of the wife.\n  3. Judgment for or against a married woman, may be rendered and\nenforced, in a court of record, or not of record, as if she was single.\nA married woman may confess a judgment.\n
N.Y. SOS Law § 72 — New York Code / Act SOS / Article 3 / Title 3 / Section 72
Power of the board of supervisors to assume responsibility for assistance and care
Status: in_force

§ 72.  Power of the board of supervisors to assume responsibility for\nassistance and care.  1.  The board of supervisors of the county may, by\nresolution adopted by a majority vote, direct that the cost of all or\nany part of the assistance and care for which the towns and cities are\nmade responsible under the provisions of subdivisions one and two of\nsection sixty-nine shall be a charge on the county social services\ndistrict and administered under the direction of the county\ncommissioner.\n  2.  Copies of any such resolution shall be sent to each town clerk and\nto the mayor and clerk of each city in the county social services\ndistrict within ten days after the adoption of the resolution.  However,\nno resolution adopted by the board of supervisors pursuant to\nsubdivision one of this section shall take effect in a city in the\ncounty social services district until confirmed by the legislative body\nof the city.\n
N.Y. ENV Law § 11-0329 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0329
Outdoor recreation and trail maintenance; regulation
Status: in_force

§ 11-0329. Outdoor recreation and trail maintenance; regulation.\n  1. The department shall, by rule and regulation, establish the means\nor method for the creation of voluntary outdoor recreation and trail\nmaintenance pins and patches, their administration, sale and\ndistribution, the fee therefor, and other matters relating to such\nvoluntary pins and patches.\n  2. The department shall prepare or cause to be prepared voluntary\noutdoor recreation and trail maintenance pins and patches and furnish\nsuch pins and patches annually to license issuing agents and officers\nfor sale and issuance in the same manner as licenses and other types of\npins and patches. The purchase of such pins and patches shall be\nvoluntary and need not be possessed in order to participate in outdoor\nrecreational activities.\n
N.Y. ENV Law § 1-0303 — New York Code / Act ENV / Article 1 / Title 3 / Section 1-0303
General definitions
Status: in_force

§ 1-0303. General definitions.\n  Whenever used in this chapter, unless a different meaning clearly\nappears from the context or unless a different meaning is stated in a\ndefinition applicable to only a portion of this chapter:\n  1. "Air pollution emergency" means a combination of circumstances\nwhich requires immediate action to reduce the quantity of contaminants\nin the atmosphere due to danger to public health and welfare, injury to\nagricultural crops and livestock, damage to and deterioration of\nproperty, hazards to air and ground transportation or impairment of\nenvironmental quality.\n  2. "Article," "title," "section" and "subdivision" shall mean such\narticle, title, section or subdivision of this chapter.\n  4. "Commissioner" shall mean the state Commissioner of Environmental\nConservation.\n  5. "Consolidated health district" shall mean a health district\nestablished under section 390 of the Public Health Law.\n  6. "Council" shall mean the Council of Environmental Advisers.\n  7. "County department of health" shall mean that division of the\ncounty government having jurisdiction over the public health of a county\nor part-county health district.\n  8. "County health commissioner" shall mean the executive officer of a\ncounty department of health.\n  9. "County health district" shall mean a health district comprising\nthe entire county heretofore or hereafter established.\n  10. "County legislative body" shall mean the board of supervisors, or\nthe elected county legislative body, if the county has one.\n  11. "Department" shall mean the state Department of Environmental\nConservation.\n  12. "Health district" shall mean a county health district, part-county\nhealth district, city, town, village or consolidated health district\nhaving a separate board of health.\n  13. "Local board of health" shall mean the board of health of a\ncounty, part-county, city, village, town or consolidated health\ndistrict.\n  14. "Local health officer" shall mean the health officer of a county,\npart-county, city, village, town or consolidated health district.\n  15. As used in sections 3-0109 through 3-0115, inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 13 inclusive and title 33 of article 71\napplicable to these provisions, "local public corporation" shall mean\nany "municipal corporation" or "district corporation" as defined in\nsubdivisions two and three of section sixty-six of the general\nconstruction law.\n  16. As used in articles 17 and 19 of this chapter, "municipality"\nshall mean a city, village, town or consolidated health district.\n  17. "Part-county health district" shall mean all that part of a county\noutside of a city or cities having a population of fifty thousand or\nmore heretofore or hereafter established as a health district.\n  18. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, co-partnership, association, firm, trust,\nestate or any other legal entity whatsoever. Provided, however, that for\npurposes of sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; articles 43, 45 and 47; sections\n57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and\ntitle 33 of article 71 applicable to these provisions, "person" means\nany individual, firm, co-partnership, association or corporation other\nthan the state and a "public corporation".\n  19. "Pollution" shall mean the presence in the environment of\nconditions and or contaminants in quantities of characteristics which\nare or may be injurious to human, plant or animal life or to property or\nwhich unreasonably interfere with the comfortable enjoyment of life and\nproperty throughout such areas of the state as shall be affected\nthereby.\n  20. As used in sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 15 inclusive and title 33 of article 71\napplicable to these provisions, "public corporation" shall mean "public\ncorporation" as defined in subdivision 1 of section 3 of the General\nCorporation Law and includes all public authorities.\n  21. As used in sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 15 inclusive and title 33 of article 71\napplicable to these provisions, "state public corporation" shall mean\npublic benefit corporation to which the Governor appoints a majority of\nthe members. A person who is a member of a public corporation by virtue\nof holding another state office shall be deemed to be selected as a\nmember of the public benefit corporation in the manner in which he was\nselected for such other office.\n  22. "Infant" or "minor" shall mean any person who has not attained the\nage of eighteen years.\n  23. "Arbor day" shall mean the last Friday of April.\n  24. "Sole source aquifer" shall mean an aquifer system that the United\nStates environmental protection agency, pursuant to Public Law 93-523\nwhich is known as the federal Safe Drinking Water Act of 1974, has\ndesignated as the sole or principal drinking water source for an area\nand which, if contaminated, would create a significant hazard to public\nhealth.\n  25. "Telecommuting" shall mean the conservation of energy through the\nreduction of travel by employees of the department to and from their\ndesignated workplace through the use of telecommunication and computer\ntechnology in tasks including, but not limited to, information transfer\nand processing.\n  26. "Nature-based solution" shall mean a project that utilizes or\nmimics nature or natural processes and functions and that may also offer\nenvironmental, economic, and social benefits, while increasing\nresilience. Nature-based solutions include both green and natural\ninfrastructure.\n
N.Y. MRE Law § 174 — New York Code / Act MRE / Article 5 / Title 3 / Section 174
Repairs and cleanliness
Status: in_force

§ 174. Repairs and cleanliness. The owner shall keep all and every\npart of a dwelling and the lot on which it is situated in good repair,\nclean and free from vermin, rodents, dirt, filth, garbage or other thing\nor matter dangerous to life or health; but the tenant shall also be\nliable if a violation is caused by his own wilful act, assistance or\nnegligence or that of any member of his family or household or his\nguests.\n
N.Y. PBH Law § 4134 — New York Code / Act PBH / Article 41 / Title 3 / Section 4134
Birth certificate; unnamed child
Status: in_force

§ 4134. Birth certificate; unnamed child. 1. If a living child has not\nyet been named at the date of filing the certificate of birth, the space\nprovided for the given name of the child is to be left blank, to be\nfilled out subsequently by a supplemental report, as herein provided.\n  2. If a child dies without a given name, there shall be entered in the\nspace provided for the name the words "died unnamed." The parents of the\ndeceased child may submit a supplemental report of the given name of the\ndeceased child. Such report shall be returned to the local registrar and\nthe given name shall be entered on the original birth certificate.\n  3. When any certificate of birth of a living child is presented\nwithout the statement of the given name, the local registrar shall make\nout and deliver to the parents of the child a supplemental report of the\ngiven name of the child, which shall be filled out as directed, and\nreturned to the local registrar as soon as the child shall have been\nnamed. The given name, supplied by the supplemental report, shall be\nentered on the original birth certificate.\n
N.Y. ENV Law § 72-0301 — New York Code / Act ENV / Article 72 / Title 3 / Section 72-0301
Definitions
Status: in_force

§ 72-0301. Definitions.\n  When used in this title:\n  1. The "Act" shall mean the Clean Air Act, 42 U.S.C. §7401 et seq., as\namended by P.L. 101-549, November 15, 1990.\n  2. "Actual emissions" means the emissions which were emitted to the\nambient air, and shall include fugitive emissions if such emissions are\nconsidered in determining whether a source is a major air contamination\nsource.\n  3. "Air contamination source" means all sources required to obtain a\npermit, certificate or approval pursuant to article nineteen of this\nchapter.\n  4. "Combustion installation" means one or more furnace, device, engine\nor turbine in which fossil fuel or wood is burned with air or oxygen and\nthe air contaminant emissions include only those products resulting\nfrom:\n  a. combustion of the fuel;\n  b. additives or impurities in the fuel; and\n  c. material introduced for the purpose of altering air contaminant\nemissions.\n  A combustion installation may consist of:\n  (1) a single furnace exclusively connected to an air cleaning device\nor stack; or\n  (2) two or more furnaces connected to a common air cleaning device or\nstack.\n  5. "Emission point" means any conduit, chimney, duct, vent, flue,\nstack or other functionally equivalent opening through which regulated\nair contaminants are emitted to the ambient air.\n  6. "Fugitive emissions" means those emissions of a regulated air\ncontaminant that could not reasonably pass through an emission point.\n  7. "Gasoline dispensing site" means any site where gasoline is\ndispensed into portable containers used to fuel any motor from any\nstationary storage container or containers and that is required to\nobtain a permit pursuant to article nineteen of this chapter.\n  8. "Incinerator" means any structure or furnace in which combustion\ntakes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of\n6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with\nfossil fuel.\n  9. "Major air contamination source" shall have the meaning set forth\nin subdivision 19 of section 19-0107 of this chapter.\n  10. "Permitted emission" means those emissions of a regulated air\ncontaminant which are authorized by permit to be emitted.\n  11. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, federal government and any agency thereof,\nmunicipality, commission, political subdivision of a state or any\ninterstate body.\n  12. "Potential to emit" means the maximum capacity of a stationary\nsource to emit any regulated air contaminant under its physical and\noperational design. Any physical or operational limitation on the\ncapacity of such source to emit a regulated air contaminant, including\nair pollution control equipment and restrictions on the hours of\noperation or on the type or amount of material combusted, stored or\nprocessed, shall be treated as part of its design if the limitation is\nenforceable by the commissioner and the administrator of the United\nStates environmental protection agency provided, however, that physical\nor operational limitations enforceable by the commissioner shall be\ntreated as part of a source's design, if the commissioner is given such\nauthorization by the administrator.\n  13. "Process air contamination source" means:\n  a. any industrial, commercial, agricultural or other activity,\noperation, manufacture or treatment (except incineration of type 0, 1,\n2, 3 and 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, open\nburning and operation of combustion installations) in which chemical,\nbiological or physical properties of the material or materials are\nchanged, and which emits air contaminants to the outdoor atmosphere; or\n  b. any system which removes air contamination from any industrial,\ncommercial, agricultural or other activity, operation, manufacture or\ntreatment (except incineration of type 0, 1, 2, 3 and 4 refuse, as\nclassified in Table 1 of 6 NYCRR Appendix 2, open burning and operation\nof combustion installations) and transports them from their point of\ngeneration to the outdoor atmosphere.\n  14. "Regulated air contaminant" shall have the meaning set forth in\nsubdivision twenty-two of section 19-0107 of this chapter.\n  15. "Severe ozone nonattainment area" means that part of the state\ndesignated pursuant to section 7407 of the Act as not meeting the\nnational ambient air quality standard for ozone, as classified under\nsection 7511 of the Act.\n  16. "State air quality control program" means those activities of the\ndepartment as specified in titles three and five of article nineteen of\nthis chapter relating to air pollution and air contamination and any\nrelated enforcement activities.\n
N.Y. RSS Law § 315 — New York Code / Act RSS / Article 8 / Title 3 / Section 315
State supervision
Status: in_force

§ 315. State supervision. The police and fire retirement system\nestablished by this article shall be subject to the supervision of the\nsuperintendent of financial services. Such supervision shall be in\naccordance with the provisions of the insurance law to the extent that\nsuch provisions are applicable to the police and fire retirement system\nand are not inconsistent with the provisions of this article.\n
N.Y. PBH Law § 2130 — New York Code / Act PBH / Article 21 / Title 3 / Section 2130
AIDS and HIV infection; duty to report
Status: in_force

§ 2130. AIDS and HIV infection; duty to report. 1. Every physician or\nother person authorized by law to order diagnostic tests or make a\nmedical diagnosis, or any laboratory performing such tests shall\nimmediately (a) upon determination that a person is infected with human\nimmunodeficiency virus (HIV), (b) upon diagnosis that a person is\nafflicted with the disease known as acquired immune deficiency syndrome\n(AIDS), (c) upon diagnosis that a person is afflicted with HIV related\nillness, and (d) upon periodic monitoring of HIV infection by any\nlaboratory tests report such case or data to the commissioner.\n  2. The commissioner shall promptly forward such report to the health\ncommissioner of the municipality where such disease, illness or\ninfection occurred.  When cases of such disease, illness or infection\noccur in a municipality not having a health commissioner, such reports\nshall be forwarded directly to the district health officer.\n  3. Such report shall contain such information concerning the case as\nshall be required by the commissioner. Such report shall include\ninformation identifying the protected individual as well as the names,\nif available, of any contacts of the protected individual, as defined in\nsubdivision ten of section twenty-seven hundred eighty of this chapter,\nknown to the physician or provided to the physician by the infected\nperson.\n
N.Y. PBA Law § 1470-H — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-H
Bonds of the authority
Status: in_force

* § 1470-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section fourteen hundred seventy-c\nhereof, including the acquisition, construction, reconstruction and\nrepair of personal and real property of all kinds deemed by the board to\nbe necessary or desirable to carry out such purpose, as well as to pay\nsuch expenses as may be deemed by the board necessary or desirable to\nthe financing thereof and placing the project or projects in operation\nin the aggregate principal amount of not exceeding fifteen million\ndollars outstanding at any one time. The authority shall have power from\ntime to time and whenever it deems refunding expedient, to refund any\nbonds by the issuance of new bonds, whether the bonds to be refunded\nhave or have not matured, and may issue bonds partly to refund bonds\nthen outstanding and partly for any other purpose hereinabove described.\nThe refunding bonds may be exchanged for the bonds to be refunded, with\nsuch cash adjustments as may be agreed, or may be sold and the proceeds\napplied to the purchase or payment of the bonds to be refunded. In\ncomputing the total amount of bonds of the authority which may at any\ntime be outstanding the amount of the outstanding bonds to be refunded\nfrom the proceeds of the sale of new bonds or by exchange for new bonds\nshall be excluded. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues. Notwithstanding the fact\nthat the bonds may be payable from a special fund, if they are otherwise\nof such form and character as to be negotiable instruments under article\neight of the uniform commercial code the bonds shall be and are hereby\nmade negotiable instruments within the meaning of and for all the\npurposes of article eight of the uniform commercial code, subject only\nto the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates payable annually or semi-annually, be in such denominations, be in\nsuch form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of the bonds the\nholders of which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers, and duties of the trustees appointed by the\nbondholders pursuant to section fourteen hundred seventy-o hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section or limiting the rights, duties and powers of such\ntrustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding convenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fourteen\nhundred seventy-o of this title the authority may provide by such trust\nindenture for the payment of the proceeds of the bonds and the revenues\nof the project or projects to the trustee under such trust indenture or\nother depository, and for the method of disbursement thereof, with such\nsafeguards and restrictions as it may determine. All expenses incurred\nin carrying out such trust indenture may be treated as a part of the\ncost of maintenance, operation, and repairs of the project or projects.\nIf the bonds shall be secured by a trust indenture, the bondholders\nshall have no authority to appoint a separate trustee to represent them,\nand the trustee under such trust indenture shall have and possess all of\nthe powers which are conferred by section fourteen hundred seventy-o\nupon a trustee appointed by bondholders.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 158-B — New York Code / Act PBA / Article 2 / Title 3 / Section 158-B
Acquisition of real property
Status: in_force

* § 158-b. Acquisition of real property. 1. The authority shall have\npower from time to time to acquire, in the name of the state, real\nproperty necessary in order to carry out its corporate purposes or\nexercise of the powers granted by sections one hundred fifty-three-b and\none hundred fifty-eight-c of this title, by purchase, gift, devise or\ncondemnation pursuant to the provisions for the acquisition of real\nproperty for public use provided for in the Nassau county administrative\ncode (chapter two hundred seventy-two of the laws of nineteen hundred\nthirty-nine, as amended), except as otherwise provided by this section.\n  2. In exercising the powers of condemnation pursuant to the Nassau\ncounty administrative code\n  (a) The function of the board of supervisors shall be exercised by the\nboard of the authority;\n  (b) The functions of the other county officials and employees referred\nto therein shall be exercised by such officers, agents or employees of\nthe authority as the authority shall direct;\n  (c) "court" shall mean the supreme court in and for the county of\nNassau;\n  (d) The map of the real property affected by the acquisition required\nby section eleven-twenty-two-zero of the said Nassau county\nadministrative code shall be filed only in the office of the county\nclerk. Notice of such filing shall be given in the manner provided in\nsaid section but no notice of hearing on such map shall be given nor\nshall a hearing on such map be required;\n  (e) The authority shall furnish to the court such maps, surveys,\ndiagrams or plans as shall be required for the purpose of this section.\n  (f) No part of the cost of acquisition shall be assessed on real\nproperty benefited thereby.\n  (g) With the consent of the county executive of the county of Nassau,\nthe authority may designate the county attorney of the county of Nassau\nto conduct any such acquisition proceeding, paying to the county such\ncompensation for such services as may be agreed upon, together with all\ncosts and expenses payable or incurred by the county attorney in\nconnection with such proceeding, as certified by the comptroller of said\ncounty.\n  (h) Where the compensation to be paid to owners of real property\nacquired has not been determined by agreement or settlement it shall be\ndetermined by the supreme court without a jury.\n  (i) The county board of assessors shall furnish to the attorney acting\nfor the authority a duplicate copy of the tax map of the county relating\nto the real property to be acquired at the request of the attorney\nacting for the authority and the county clerk shall furnish such\nattorney block and lot maps relating to such real property and shall\nfurnish information necessary to keep the maps furnished as accurate as\npracticable.\n  (j) All costs and expenses incurred in connection with the acquisition\nof real property by the authority, of any officers, employees, or\ndepartments of the county, including such amount of the salaries of such\nofficers or employees as may be agreed between the authority and the\ncounty of Nassau, shall be paid by the authority forthwith upon the\ncertification to the chairman of the authority by the county comptroller\nof the amounts of such costs and expenses.\n  (k) All compensation for the acquisition of property and damages shall\nbe paid by the authority.\n  3. The county of Nassau or any municipal corporation may acquire by\npurchase, gift, devise or condemnation real property necessary for the\nimprovements authorized in paragraphs one to five inclusive of section\none hundred fifty-three-b of this title and may donate or dedicate such\nreal property to the state or may release to the state for such\nimprovements existing rights of way or easements not required for county\nor municipal purposes; the county of Nassau and any such municipal\ncorporation may agree with the authority for the transfer of any real\nproperty acquired or to be acquired by the county or such municipality\nto the authority upon payment by the authority of such part of the cost\nof such real property to the county or such municipality as may be\nagreed.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ELD Law § 241 — New York Code / Act ELD / Article 2 / Title 3 / Section 241
Definitions
Status: in_force

§ 241. Definitions. For purposes of this title, the terms:\n  1. "Covered drug" shall mean a drug dispensed subject to a legally\nauthorized prescription pursuant to section sixty-eight hundred ten of\nthe education law, and insulin, an insulin syringe, or an insulin\nneedle. Such term shall not include: (a) any drug determined by the\ncommissioner of the federal food and drug administration to be\nineffective or unsafe; (b) any drug dispensed in a package, or form of\ndosage or administration, as to which the commissioner of health finally\ndetermines in accordance with the provisions of section two hundred\nfifty-two of this title that a less expensive package, or form of dosage\nor administration, is available that is pharmaceutically equivalent and\nequivalent in its therapeutic effect for the general health\ncharacteristics of the eligible program participant population; (c) any\ndevice for the aid or correction of vision, or any drug, including\nvitamins, which is generally available without a physician's\nprescription; and (d) drugs for the treatment of sexual or erectile\ndysfunction, unless such drugs are used to treat a condition, other than\nsexual or erectile dysfunction, for which the drugs have been approved\nby the federal food and drug administration. For the purpose of this\ntitle, except as otherwise provided in this section, a covered drug\nshall be dispensed in quantities no greater than a thirty day supply or\none hundred units, whichever is greater. In the case of a drug dispensed\nin a form of administration other than a tablet or capsule, the maximum\nallowed quantity shall be a thirty day supply; the commissioner is\nauthorized to approve exceptions to these limits for specific products\nfollowing consideration of recommendations from pharmaceutical or\nmedical experts regarding commonly packaged quantities, unusual forms of\nadministration, length of treatment or cost effectiveness. In the case\nof a drug prescribed pursuant to section thirty-three hundred thirty-two\nof the public health law to treat one of the conditions that have been\nenumerated by the commissioner of health pursuant to regulation as\nwarranting the prescribing of greater than a thirty day supply, such\ndrug shall be dispensed in quantities not to exceed a three month\nsupply.\n  2. "Provider pharmacy" shall mean a pharmacy registered in the state\nof New York pursuant to section sixty-eight hundred eight of the\neducation law, a non-resident establishment registered pursuant to\nsection sixty-eight hundred eight-b of the education law, or a pharmacy\nregistered in a state bordering the state of New York when certified as\nnecessary by the executive director pursuant to section two hundred\nfifty-three of this title, for which an agreement to provide pharmacy\nservices for purposes of this program pursuant to section two hundred\nforty-nine of this title is in effect.\n  3. "Income" shall mean "household gross income" as defined in the real\nproperty tax circuit breaker credit program, pursuant to subparagraph\n(C) of paragraph one of subsection (e) of section six hundred six of the\ntax law, but only shall include the income of program applicants and\nspouses and shall exclude the income of other members of the household.\n  4. "Contractor" shall mean a private not-for-profit or proprietary\ncorporation which has entered into a contractual arrangement with the\nstate to carry out the provisions of section two hundred forty-three of\nthis title.\n  5. "Resident" shall mean an individual legally domiciled within the\nstate.\n  6. "Annual coverage period" shall mean the period of twelve\nconsecutive calendar months for which an eligible program participant\nhas met the application fee or deductible requirements, as the case may\nbe, of sections two hundred forty-seven and two hundred forty-eight of\nthis title.\n  7. "Program year" shall mean a year beginning on October first and\nending the following September thirtieth.\n  8. "Medicare part D excluded drug classes" shall mean any drugs or\nclasses of drugs, or their medical uses, which are described in section\n1927(d)(2) or 1927(d)(3) of the federal social security act, with the\nexception of smoking cessation agents.\n