N.Y. ENV Law § 19-0304 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0304
Burning of hazardous wastes
Status: in_force

§ 19-0304. Burning of hazardous wastes.\n  1. Any person applying for a permit to burn hazardous waste pursuant\nto the department's rules and regulations shall be subject to the\nrequirements of this section.\n  For the purposes of this section, all burning of hazardous wastes\nshall be subject to the provisions of this section, including combustion\nfor the recovery of the thermal value of such wastes.\n  As used in this section, the term "hazardous waste" shall have the\nsame meaning as provided in subdivision three of section 27-0901 of this\nchapter except that it shall not include wastes classified as hazardous\nwastes solely because they are ignitable.\n  2. Prior to the issuance of such permit the commissioner may require\nthe applicant to submit a trial burn plan. The trial burn plan shall\ninclude but need not be limited to those items among the following which\nthe commissioner determines to be necessary:\n  a. An analysis of the waste or mixture of wastes to be burned;\n  b. An engineering description of the incinerator, process, or\ncombustion installation for which the permit is being sought;\n  c. A test protocol, including but not limited to the following for\neach waste type:\n  (1) identification of waste type,\n  (2) waste feed rate,\n  (3) combustion air rate,\n  (4) combustion chamber temperature,\n  (5) gas residence time in combustion chamber,\n  (6) identification of actual and if used, surrogate principal organic\nhazardous constituents (hereinafter referred to as "POHC") selected from\nthe list in appendix VIII of Part 261 of Title 40 code of Federal\nRegulations,\n  (7) feed rate of actual POHC and if used, surrogate POHC,\n  (8) type and feed rate of auxiliary fuel,\n  (9) anticipated identification and flow rate of fuel products,\n  (10) estimated combustion efficiency and POHC destruction and removal\nefficiency,\n  (11) methods of waste sampling and analysis,\n  (12) methods of stack sampling and analysis;\n  d. Procedures for rapidly stopping waste feed, shutting down the\nincinerator, process, or combustion installation, and controlling the\nemissions in the event of an equipment malfunction;\n  e. Such other information as the commissioner reasonably finds\nnecessary to determine whether approval of the trial burn plan will\nensure compliance with applicable performance standards.\n  3. The commissioner shall approve a trial burn plan if he finds that:\n  a. The trial burn will not present an imminent hazard to human health\nor the environment;\n  b. The trial burn is likely to determine whether the incinerator,\nprocess or combustion installation meet applicable performance\nstandards.\n  If the trial burn plan is not approved by the commissioner, he shall\nstate in writing the reasons for such disapproval to the applicant. If\nthe trial burn plan is approved by the commissioner, the owner/operator\nshall only be required to perform a trial burn in accordance with the\napproved trial burn plan. Notwithstanding the foregoing limitation, the\ndepartment may require a modification of the trial burn plan pursuant to\na written finding by the commissioner that such a modification is\nrequired to protect the public health or the environment. Stack tests\nshall be performed according to procedures established by the\ncommissioner to determine waste destruction and removal efficiency. The\ncommissioner may conduct tests to insure that trace levels of toxic air\ncontaminants are within acceptable limits.\n  4. After any approved trial burn, the applicant shall submit to the\ncommissioner a certification that the trial burn has been carried out in\naccordance with the trial burn plan. This report shall be made within\nsixty days of the trial burn. In addition, after each approved trial\nburn, the applicant must furnish such information and data as required\nby the commissioner pursuant to the approved trial burn plan.\n  5. The commissioner must either approve or disapprove the application\nfor an activity that includes the burning of hazardous wastes. If the\ncommissioner approves such application, the permit must specify the\noperating conditions which must be met in burning such wastes. Such\npermit must also specify the waste types described in the approved trial\nburn plan. If it is necessary for the permittee to seek a modification\nof the permit deemed significant by the department with respect to the\nburning of hazardous waste or wastes, the commissioner may require a new\ntrial burn plan for the department's review.\n  6. If the commissioner disapproves such application he must notify the\napplicant in writing of the reasons for such disapproval.\n  7. At a minimum, the owner or operator must continuously monitor the\ncombustion temperature, waste feed rate and combustion air rate when\nburning hazardous wastes or use another system, subject to the approval\nof the commissioner which provides at least equal assurance of on line\nefficiency.\n  The commissioner shall require the owner or operator to periodically\ninspect the incinerator, process, or combustion installation and\nassociated equipment to ensure that combustion efficiency is maintained.\nThe owner or operator must also inspect the alarm system and emergency\nshut down controls at least every month, or as required by the\ncommissioner.\n  8. The commissioner, authorized officers or employees of the\ndepartment may enter any facility with an incinerator, process, or\ncombustion installation at any reasonable time, after proper\nnotification and identification, to conduct an inspection of the\ninstallation and any records maintained pursuant to the permit.\n  9. The commissioner may accept a previously conducted stack test in\nlieu of a trial burn plan and associated stack tests required under this\nsection.\n
N.Y. ENV Law § 11-0306-A — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0306-A
The Flax Pond tidal wetlands sanctuary
Status: in_force

§ 11-0306-a. The Flax Pond tidal wetlands sanctuary.\n  1. There is established a Flax Pond tidal wetlands sanctuary for the\npurpose of protecting areas of special ecological significance within\nthe Flax Pond tidal marsh. The sanctuary shall be composed of the tidal\nwetlands located in the village of Old Field, county of Suffolk as\ndesignated on the March tenth, nineteen hundred sixty-six survey filed\nin the Suffolk County Clerk's office as file number 136899 and including\na permanent easement for the State University of New York as designated\non the March ninth, nineteen hundred sixty-six survey filed in the\nSuffolk County Clerk's office as file number 81558, and including\nacreage of 146.162 acres. The sanctuary shall be managed by the\ndepartment in cooperation with the state university at Stony Brook. The\nsanctuary shall be managed as a long-term field laboratory for research\nand education to provide:\n  a. a natural area for academic research across a wide variety of\ndisciplines including, but not limited to, the fields of community\necology, population ecology, predator-prey relationships, food chain and\nweb dynamics, nutrient and energy flow, hydrology, ornithology, botany,\nand forestry management;\n  b. opportunities for instruction between teaching faculty and students\nby using the property as an "outdoor classroom";\n  c. opportunities for students, faculty, and the public to connect with\nthe natural world around them;\n  d. a meaningful contribution toward protection of local and regional\nbiodiversity;\n  e. lawful recreational angling, however no commercial fishing or\nshellfishing, nor the taking of invertebrates for bait shall be\npermitted within the sanctuary;\n  f. lawful waterfowl hunting during the appropriate open season\nfollowing receipt of a tidal wetlands access permit issued pursuant to\ndepartment regulations; and\n  g. boating by sail, human propelled oar or paddle, or mechanically\npropelled vessels having a source of power less than ten horsepower.\n
N.Y. MDW Law § 252 — New York Code / Act MDW / Article 7 / Title 3 / Section 252
Privacy
Status: in_force

§ 252. Privacy.  In every apartment of three or more rooms in any\ntenement erected after April twelfth, nineteen hundred one, there shall\nbe access to every living room and bedroom and to at least one\ncompartment or bathroom containing a water-closet without passing\nthrough any bedroom.\n
N.Y. ENV Law § 11-0325 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0325
Control of dangerous diseases
Status: in_force

§ 11-0325. Control of dangerous diseases.\n  1. Whenever it is jointly determined by the Department of\nEnvironmental Conservation and the Department of Health or the\nDepartment of Agriculture and Markets, and certification is made to the\nCommissioner of Environmental Conservation by the Commissioner of Health\nor the Commissioner of Agriculture and Markets, that a disease, which\nendangers the health and welfare of fish or wildlife populations, or of\ndomestic livestock or of the human population, exists in any area of the\nstate, or is in imminent danger of being introduced into the state, the\ndepartment shall adopt any measures or regulations with respect to the\ntaking, transportation, sale, offering for sale or possession of native\nfish or feral animals it may deem necessary in the public interest to\nprevent the introduction or spread of such disease. The department may\nundertake such fish or wildlife control measures it may deem necessary\nto eliminate, reduce or confine the disease.\n  2. Whenever it is determined by the Department of Environmental\nConservation that an epizootic disease which endangers the health and\nwelfare of native fish or feral animal populations only, exists in any\narea of the state, or is in imminent danger of developing or being\nintroduced into the state, the department may adopt any measures or\nregulations with respect to the taking, transportation, sale, offering\nfor sale or possession of native fish or feral animals deemed necessary\nin the public interest to prevent the development, spread or\nintroduction of such disease.\n
N.Y. VAT Law § 309-C — New York Code / Act VAT / Title 3 / Article 5-A / Section 309-C
Contracts
Status: in_force

§ 309-c. Contracts. The commissioner may in his discretion enter into\ncontracts with other outside agencies to provide testing devices, supply\nfacilities, maintain and conduct experimental motor vehicle inspections\nunder his direction and supervision.\n
N.Y. ENV Law § 13-0344 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0344
Fish, shellfish and crustacea; dumping
Status: in_force

§ 13-0344. Fish, shellfish and crustacea; dumping.\n  It shall be unlawful for any person who has been requested or signaled\nto stop by any police or peace officer, to throw or dump into the water\nany fish, shellfish or crustacea, or the contents of any pail, bag,\nbarrel or any container which may be used in the taking or storage of\nfish, shellfish or crustacea, or any implements used in the taking of\nfish, shellfish or crustacea before such police or peace officer has\ninspected the same.\n
N.Y. ENV Law § 13-0337 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0337
Return of fish, crustacea and other animals to the water
Status: in_force

§ 13-0337. Return of fish, crustacea and other animals to the water.\n  1. If any fish or crustacea are unintentionally taken contrary to any\nprovisions of the Fish and Wildlife Law, they shall be returned to the\nwater at once, without unnecessary injury.\n  2. Starfish, drills (Urosalpinx cinerea), periwinkle (Litorinia) and\ndrum fish (Pogonias chromis) when taken shall not be returned alive to\nthe waters of the state.\n
N.Y. ENV Law § 29-0307 — New York Code / Act ENV / Article 29 / Title 3 / Section 29-0307
Cooperation with other agencies
Status: in_force

* § 29-0307. Cooperation with other agencies.\n  1. All agencies and authorities of the state, municipalities, and\npolitical subdivisions of the state are hereby directed to cooperate\nwith the commission in order to facilitate and expedite the\nresponsibilities and duties of the commission. To the extent practicable\nand not otherwise inconsistent with law and upon the request of the\ncommission, any agency or authority of the state shall provide copies of\nexisting studies, surveys, plans, data, and other materials in its\npossession to the commission.\n  2. The commission shall assure that the advisory committee appointed\npursuant to section 29-0501 of this article has a timely opportunity to\nprovide information and recommendations to the commission on all aspects\nof its activities pursuant to section 29-0303 of this title.\n  3. In consultation and cooperation with the advisory committee\nestablished pursuant to section 29-0501 of this article, the commission\nshall keep the public informed of its activities in developing the draft\nenvironmental impact statement required by section 29-0303 of this title\nand encourage the public to participate by providing views, comments,\ninformation, and analysis concerning siting and disposal method\nselection for permanent disposal facilities.\n  4. The department of audit and control and the department of law are\nhereby directed to expedite the processing of all contracts associated\nwith carrying out the provisions of this section.\n  * NB Commission existence pursuant to § 29-0309\n
N.Y. PBA Law § 1052 — New York Code / Act PBA / Article 5 / Title 3 / Section 1052
Erie county water authority district
Status: in_force

§ 1052. Erie county water authority district. There is hereby created\na district to be known as the "Erie county water authority district"\nwhich shall embrace so much of the territory included within the\nterritorial limits of the county of Erie, as may be outside the\nterritorial limits of the city of Buffalo, except the township of\nTonawanda, including the village of Kenmore, in the state of New York.\n
N.Y. PBA Law § 150 — New York Code / Act PBA / Article 2 / Title 3 / Section 150
Short title
Status: in_force

* § 150. Short title. This title may be cited as the "Jones Beach\nState Parkway Authority Act."\n  * NB (Authority abolished June 30, 1978)\n
N.Y. EXC Law § 527-J — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-J
Rules and regulations
Status: in_force

§ 527-j. Rules and regulations. The division shall issue and\npromulgate such rules and regulations as are necessary for\nimplementation of this title.\n
N.Y. EXC Law § 527-D — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-D
New facility project grants
Status: in_force

§ 527-d. New facility project grants. 1. Within the limit of funds\nmade available by appropriation from the youth centers facility fund as\nestablished by section ninety-seven-ff the state finance law, the\ndivision is hereby authorized to make awards to municipalities for the\nacquisition, demolition, design and construction of areas, buildings,\nstructures or facilities owned or to be owned by a municipality and used\nas a youth center. A municipality or a municipality acting jointly with\na not-for-profit corporation may be awarded a new facility project grant\npursuant to this title provided that title to any of such area,\nbuilding, structure or facilities is acquired and/or held by the\nmunicipality.\n  2. No new facility project grant shall be awarded to a municipality or\na municipality and a not-for-profit corporation acting jointly unless\nthe agreement as provided for in section five hundred twenty-seven-g of\nthis title also contains provisions which provide that in the event the\nmunicipality discontinues use of the facility financed by the new\nfacility project grant as a youth center facility during the period\nspecified in the agreement as provided for in such section five hundred\ntwenty-seven-g, the project cost shall become due and owing to the state\nand shall be payable from any amounts of state aid to which the\nmunicipality would be entitled.\n  3. No municipality which receives a new facility project grant shall\nbe required to establish a reserve fund and no reserve fund shall be\nconsidered part of the project cost for such project.\n
N.Y. LAB Law § 265 — New York Code / Act LAB / Article 11 / Title 3 / Section 265
Fire wall
Status: in_force

§ 265. Fire wall. "Fire wall" means a wall which subdivides a building\nor separates buildings to restrict the spread of fire, and which starts\nat the foundation and extends through all stories to or above the roof\nas may be specified in the rules of the board. The board shall determine\nand specify in its rules the material and the manner of construction and\nerection of fire walls and the nature and extent of the protection to be\nafforded to openings therein.\n
N.Y. PBA Law § 566-A — New York Code / Act PBA / Article 3 / Title 3 / Section 566-A
Tax contract by the state
Status: in_force

§ 566-a. Tax contract by the state. 1. It is hereby found, determined\nand declared that the authority and the carrying out of its corporate\npurposes is in all respects for the benefit of the people of the state\nof New York, for the improvement of their health, welfare and\nprosperity, and, in the case of some of the said purposes, for the\npromotion of their traffic, and that said purposes are public purposes\nand, in the case of those purposes which consist of vehicular bridges,\nvehicular tunnels and approaches thereto and the central business\ndistrict tolling program, the project is an essential part of the public\nhighway system and the authority will be performing an essential\ngovernmental function in the exercise of the powers conferred by this\ntitle, and the state of New York covenants with the purchasers and with\nall subsequent holders and transferees of bonds issued after January\nfirst, nineteen hundred thirty-nine by the authority pursuant to this\ntitle, in consideration of the acceptance of any payment for the bonds\nthat the bonds of the authority issued after January first, nineteen\nhundred thirty-nine pursuant to this title and the income therefrom, and\nall moneys, funds, tolls and other revenues pledged to pay or secure the\npayment of such bonds, shall at all times be free from taxation except\nfor estate taxes and taxes on transfers by or in contemplation of death.\n  2. Nothing herein shall be construed to repeal or supersede any tax\nexemptions heretofore or hereafter granted by general or other laws.\n
N.Y. RPT Law § 928-A — New York Code / Act RPT / Article 9 / Title 3 / Section 928-A
Partial payment of taxes
Status: in_force

§ 928-a. Partial payment of taxes. 1. (a) Notwithstanding the\nprovisions of any general or special law to the contrary, each\ncollecting officer is hereby authorized to accept from any taxpayer at\nany time partial payments for or on account of taxes, special ad valorem\nlevies or special assessments and apply such payments on the account,\nfollowing the adoption of a resolution by the governing body of the\nmunicipal corporation that employs the collecting officer allowing\npartial payments. Such resolution may limit the conditions under which\npartial payments will be accepted, in which case partial payments shall\nbe accepted in accordance with the conditions set forth in the\nresolution.\n  (b) Such resolution may require a service charge not to exceed ten\ndollars to be paid with each partial payment. Such service charge shall\nbelong to the municipal corporation that employs the collecting officer.\n  (c) Where school district taxes are payable to the collecting officer\nof a city or town that has acted to allow partial payments, the\ngoverning body of the school district may pass a resolution allowing\npartial payments for school district purposes. Such resolution may limit\nthe conditions under which partial payments may be accepted. Where a\nschool district has passed a resolution allowing partial payments, and\nhas provided a copy to the collecting officer at least sixty days before\nthe last date set by law for the delivery of the tax roll to the\ncollecting officer, the collecting officer shall be authorized to accept\npartial payments of school district taxes under the conditions specified\nin the school district's resolution, subject to the following:\n  (i) If the conditions set by the school district upon partial payments\ndiffer from those set by the city or town, and in the judgment of the\ncollecting officer it would be burdensome to administer them, the\ncollecting officer may notify the school district that the school\ndistrict's conditions are not acceptable. Such notice shall be provided\nno later than fifteen days after the date on which the collecting\nofficer received a copy of the school district resolution, or forty-five\ndays before the last date set by law for the delivery of the tax roll to\nthe collecting officer, whichever is later.\n  (ii) Where such notice has been provided, the collecting officer shall\nbe authorized to accept partial payments of school district taxes under\nthe same conditions as may apply to city or town taxes, unless the\nschool district notifies the collecting officer that the city or town's\nconditions are not acceptable. Such notice shall be provided no later\nthan fifteen days after the date on which the school district received\nthe collecting officer's notice, or thirty days before that last date\nset by law for the delivery of the tax roll to the collecting officer,\nwhichever is later.\n  (iii) Where such notice has been provided, the collecting officer\nshall not be authorized to accept partial payments of school district\ntaxes.\n  (d) If the taxes of a city, town, village or school district are\ncollected by a county official, the county shall have the sole authority\nto establish a partial payment program pursuant to this section with\nrespect to the taxes so collected.\n  (e) If the taxes of a city, town, village or school district are not\ncollected by a county official, but its tax bills are prepared by the\ncounty, or its tax collection accounting software is provided by the\ncounty, then before the city, town, village or school district may\nimplement a partial payment program pursuant to this section, it must\nobtain written approval of the chief executive officer of the county or\nthe county director of real property tax services.\n  (f) Any resolution adopted pursuant to this section shall be adopted\nat least sixty days prior to the preparation and delivery of the tax\nrolls to the appropriate collecting officers. A copy of any resolution\nadopted pursuant to this section, or amending or repealing a resolution\nadopted pursuant to this section, shall be filed with the commissioner\nand, in the case of a resolution adopted by a school district, with the\ncity or town clerk, no later than thirty days after the adoption\nthereof.\n  2. After any partial payment authorized pursuant to this section has\nbeen paid, interest and penalties shall be charged against the unpaid\nbalance only. The acceptance of a partial payment by any official\npursuant to this section shall not be deemed to affect any liens and\npowers of any municipal corporation conferred in any general or special\nact, but such rights and powers shall remain in full force and effect to\nenforce collection of the unpaid balance of such tax or tax liens\ntogether with interest, penalties and other lawful charges.\n  3. A collecting officer who is authorized to accept partial payments\npursuant to this section may not decline to do so.\n  4. Nothing contained herein shall be construed to authorize a\ncollecting officer to accept a partial payment after the expiration of\nhis or her warrant, or at any other time that such collecting officer is\nnot authorized to accept tax payments.\n  5. Nothing contained herein shall limit the ability of a collecting\nofficer to accept partial payments of taxes authorized under any other\ngeneral or special law.\n
N.Y. ENV Law § 13-0345 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0345
Protection of waters; cesspools and drains
Status: in_force

§ 13-0345. Protection of waters; cesspools and drains.\n  1. Sludge, acid or refuse from oil works, sugar houses or other\nmanufactories, sewage or any substance injurious to shellfish culture or\nfish, or which shall in any manner affect the flavor, odor, color, or\nsanitary condition of such shellfish so as to injuriously affect the\nsale thereof, or which shall cause any injury to the public and private\nshell fisheries of this state, shall not be placed or allowed to run\ninto waters of the state in the marine district.\n  2. Garbage, cinders, ashes, oils, acids, sludge or refuse of any kind\nshall not be thrown, dumped or permitted to run into the waters of the\nmarine district.\n
N.Y. PBH Law § 4138-C — New York Code / Act PBH / Article 41 / Title 3 / Section 4138-C
Adoption information registry
Status: in_force

§ 4138-c. Adoption information registry. 1. There shall be established\nin the department an adoption information registry operated by employees\nof the department specifically designated by the commissioner. Access to\nall records and information in the registry shall be limited to such\ndesignated employees and such records and information shall be kept\nstrictly confidential except as specifically authorized by law. The\ncommissioner shall establish rules and procedures designed to keep such\nrecords and information separate and apart from other records of the\ndepartment and kept in a manner where access to such records and\ninformation is strictly limited to such designated employees and shall\npromulgate regulations designed to effectuate the purposes of this\nsection. Notwithstanding any inconsistent provision of the domestic\nrelations law or any other law to the contrary, the commissioner shall\nhave access to the information authorized to be released pursuant to\nthis section contained in birth and adoption records of any agency,\ncourt or department having appropriate records which will enable the\ncommissioner to effectuate the purposes of this section and may require\nthe cooperation of such agency, court or department in providing the\ninformation authorized to be released pursuant to this section,\nprovided, however, that the commissioner shall not have access to the\nactual adoption records of any agency, court or department maintaining\nsuch records.\n  1-a. For the purposes of this section, "adoptee" shall include: those\npersons born in this state, and those persons born in any other state\nwithin the United States or in the District of Columbia whose adoption\noccurred within this state.\n  2. Upon application for registration by an adoptee not born in this\nstate, or by a birth parent or biological sibling of such an adoptee,\nthe department shall, to the extent practicable, determine whether the\nadoptee's adoption occurred within this state. If the department\ndetermines that the adoption occurred within this state, it shall\nregister the applicant if he or she is otherwise qualified and make\nappropriate notifications pursuant to subdivision four of this section.\nThe registry shall accept, at any time, and maintain the verified\nregistration transmitted by an agency pursuant to section forty-one\nhundred thirty-eight-d of this title, or of the birth parents of an\nadoptee who was born in this state. The registry shall neither accept\nnor maintain the registration of an adoptee sooner than eighteen years\nafter the adoptee's birth, or in the case of registration by a\nbiological sibling of an adoptee, no sooner than the longer of eighteen\nyears after the biological sibling's birth or eighteen years after the\nadoptee's birth. Any person whose registration was accepted may withdraw\nsuch registration prior to the release of any identifying information.\nThe adoptee registrant, and the biological sibling registrant, shall\ninclude as part of the registration the identification, including the\nname and address, of known biological siblings of the adoptee. The\nadoptee may upon registration, or any time thereafter, elect not to have\nrelease of information by the authorized agency involved in such\nadoption. The department shall establish an authorized agency fee\nschedule for search costs and registry costs and services provided by\nsuch agency in gathering and forwarding information pursuant to this\nsection. The fee schedule may also include costs for disseminating\ninformation about the registry and the adoption medical information\nsub-registry to the public. Such publications or brochures may include\ninformation as to identifying and non-identifying information, how to\nregister and fees charged to the registrants, and any other information\ndeemed appropriate.\n  3. For the purposes of this section, the term "non-identifying\ninformation" shall only include the following information, if known,\nconcerning the adoptee, parents and biological siblings of an adoptee:\n  (a) Age of the parents in years, at birth of such adoptee.\n  (b) Heritage of the parents, which shall include nationality, ethnic\nbackground and race.\n  (c) Education, which shall be the number of years of school completed\nby the parents at the time of birth of such adoptee.\n  (d) General physical appearance of the parents at the time of the\nbirth of such adoptee, which shall include height, weight, color of\nhair, eyes, skin and other information of similar nature.\n  (e) Religion of parents.\n  (f) Occupation of parents.\n  (g) Health history of parents.\n  (h) Talents, hobbies and special interests of parents.\n  (i) Facts and circumstances relating to the nature and cause of the\nadoption.\n  (j) Name of the authorized agency involved in such adoption.\n  (k) The existence of any known biological siblings.\n  (l) The number, sex and age, at the time of the adoptee's adoption, of\nany known biological siblings.\n  4. Upon acceptance of a registration of an adoptee born in this state,\nor by a birth parent or biological sibling of such adoptee, pursuant to\nthis section, the department shall search the records of the department\nto determine whether the adoptee's adoption occurred within this state.\nAfter making a determination, to the extent practicable, as to whether\nan adoptee's adoption occurred within this state pursuant to subdivision\ntwo of this section, or upon completing a search of the records pursuant\nto this subdivision:\n  (a) If the department determines that the adoption occurred within\nthis state, it shall notify the court wherein the adoption occurred to\nsubmit to the department non-identifying information as may be contained\nin the records of the court and the names of the birth parents of the\nadoptee.  Notwithstanding any other provision of law to the contrary,\nthe court shall thereupon transmit to the department non-identifying\ninformation as may be contained in the records of the court, and the\nnames of the birth parents of the adoptee, provided that, if the court\ndetermines from its records that the adoption was from an authorized\nagency, the court shall submit to the department only the name and\naddress of such authorized agency and the names of the birth parents of\nthe adoptee. In such cases, unless the adoptee registrant shall have\nelected otherwise, the department shall notify the authorized agency\nwhose name was provided by the court to release promptly to the adoptee\nall non-identifying information as may be contained in the agency\nrecords.  Such agency shall thereafter promptly release the\nnon-identifying information to the adoptee registrant. If the adoptee\nregistrant shall have elected not to have the information released to\nhim or her by the authorized agency, the agency shall submit promptly to\nthe department all non-identifying information as may be contained in\nthe agency records. In any case where the agency records are incomplete,\nno longer exist or are otherwise unavailable, the department shall so\nnotify the court. The court shall thereupon promptly submit such\nnon-identifying information as may be contained in their records. If no\nauthorized agency was involved or if the adoptee registrant shall have\nelected not to have release of information by the authorized agency\ninvolved in such adoption, the department shall release the\nnon-identifying information to the adoptee registrant. The department\nand/or an authorized agency may restrict the nature of the\nnon-identifying information released pursuant to this section upon a\nreasonable determination that disclosure of such non-identifying\ninformation would not be in the adoptee's, biological sibling's, or\nparent's best interest.\n  (b) If the department determines that the adoption did not occur\nwithin the state, it shall notify the adoptee registrant that no record\nexists of the adoption occurring within the state.\n  5. Upon acceptance of a registration pursuant to this section, the\ndepartment shall search the registry to determine whether the adoptee,\nany biological sibling of the adoptee, or birth parents of the adoptee\nis also registered.\n  (a) If the department determines the adoptee is not in contact with a\nbiological sibling under the age of eighteen and that there is a\ncorresponding registration for the adoptee, for either of the birth\nparents, and/or for the biological sibling registrant, it shall notify\nthe court wherein the adoption occurred and the department shall notify\nall such persons that a corresponding match has been made and request\nsuch persons' final consent to the release of identifying information.\n  (b) If the department determines that there is no corresponding\nregistration for the adoptee, for either of the birth parents, and/or\nfor a biological sibling of the adoptee, it shall notify the registering\nperson that no corresponding match has been made. The department shall\nnot solicit or request the consent of the non-registered person or\npersons.\n  6. Upon receipt of a final consent by the adoptee, by either of the\nbirth parents, and/or by a biological sibling of the adoptee, the\ndepartment shall, unless the adoptee or biological sibling registrant\nshall elect otherwise, if an authorized agency was involved in such\nadoption, release identifying information to such agency; such agency\nshall thereafter promptly release identifying information about the\nconsenting registrants to the consenting registrants. If no authorized\nagency was involved, or if any registrant shall have elected not to have\nrelease of the information by the authorized agency involved in such\nadoption the department shall release identifying information to the\nconsenting registrants. Such identifying information shall be limited to\nthe names and addresses of the consenting registrants and shall not\ninclude any other information contained in the adoption or birth\nrecords. However, nothing in this section shall be construed to prevent\nthe release of adoption records as otherwise permitted by law.\n  6-a. (a) There shall be established in the registry an adoption\nmedical information sub-registry. Access to all identifying records and\ninformation in the sub-registry shall be subject to the same\nrestrictions as the adoption information registry.\n  (b) The department shall establish procedures by which a birth parent\nmay provide medical information to the sub-registry, and by which an\nadoptee aged eighteen years or older or the adoptive parents of an\nadoptee who has not attained the age of eighteen years may access such\nmedical information.\n  (c) A birth parent may provide the adoption medical information\nsub-registry with certified medical information. Such certified medical\ninformation must include other information sufficient to locate the\nadoptee's birth record.\n  (d) Upon receipt from the birth parent of certified medical\ninformation and other information needed to identify the adopted person,\nthe department shall, to the extent practicable, determine if the\nadoptee was adopted in New York state. If the adoptee was adopted in New\nYork state, the department shall register such information and determine\nif the adoptee or adoptive parent of the adoptee is registered. Upon\nsuch determination, the department shall release the non-identifying\nmedical information only to an adoptee, aged eighteen years or older, or\nadoptive parent of an adoptee who has not attained the age of eighteen\nyears.\n  (e) Upon receipt from an adoptee aged eighteen years or older or the\nparent of an adoptee of a registration, the department shall, to the\nextent practicable, determine if the adoptee was adopted in New York\nstate. If the adoptee was adopted in New York state, the department\nshall search its records for medical information provided by the\nadoptee's birth parent. If such medical information is found, the\ndepartment shall release the non-identifying medical information only,\nto an adoptee, aged eighteen years or older, or adoptive parent of an\nadoptee who has not attained the age of eighteen years.\n  (f) The department shall not solicit or request the provision of\nmedical information from a birth parent or the registration by an\nadoptee or parent of an adoptee.\n  (g) A fee shall not be required from a birth parent for providing\nhealth information.\n  7. (a) Any employee of the department or any employee of an authorized\nagency who solicits or causes another to solicit a registration for the\npurposes of this section, except as otherwise permitted by law, shall be\nguilty of a misdemeanor, provided, however, that solicitation shall not\ninclude disclosure of the adoption information registry.\n  (b) Any person who unlawfully discloses any information in the\nadoption information registry shall be guilty of a class A misdemeanor.\n  (c) Notwithstanding any other provision, any employee of the\ndepartment who unlawfully discloses any information in the adoption\ninformation registry shall be subject to dismissal for such violation.\n  8. For purposes of this section: "authorized agency" or "agency" means\nan authorized agency as defined in paragraphs (a) and (b) of subdivision\nten of section three hundred seventy-one of the social services law.\n  10. The commissioner is directed to develop an adoption information\nregistry birth parent registration consent form to be completed at the\ntime of surrender or consent to adoption. Such form shall include\ncheck-off boxes to be appropriately marked by the biological parent or\nparents whose consent is necessary for the relinquishment of such child\nindicating whether or not such parent consents to the receipt of\nidentifying information by the child to be adopted. A copy of such form\nshall be sent to the department with copies of the original and amended\nbirth certificates. Such form shall state that it is the responsibility\nof the birth parent to update the registry with any changes in contact\ninformation. The form shall additionally advise the biological parents\nof the adoption medical information sub-registry and the procedures by\nwhich a birth parent may provide medical information to the\nsub-registry. Notwithstanding any inconsistent provision of law to the\ncontrary, the commissioner is directed to develop any rules and\nregulations necessary to expedite the transfer of information from any\nagency, court or department necessary to implement this subdivision.\n  11. Upon receipt of the adoption information registry birth parent\nregistration consent form required by section two hundred fifty-four of\nthe judiciary law, the commissioner of health of the city of New York\nshall forward a copy of such consent form, copies of the original birth\ncertificate, the amended birth certificate and a copy of the\nnotification of adoption to the adoption information registry maintained\nin accordance with this section.\n
N.Y. GOB Law § 5-311 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-311
Certain agreements between husband and wife void
Status: in_force

§ 5-311. Certain agreements between husband and wife void. Except as\nprovided in section two hundred thirty-six of the domestic relations\nlaw, a husband and wife cannot contract to alter or dissolve the\nmarriage or to relieve either of his or her liability to support the\nother in such a manner that he or she will become incapable of\nself-support and therefore is likely to become a public charge. An\nagreement, heretofore or hereafter made between a husband and wife,\nshall not be considered a contract to alter or dissolve the marriage\nunless it contains an express provision requiring the dissolution of the\nmarriage or provides for the procurement of grounds of divorce.\n
N.Y. ENV Law § 11-0311 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0311
Additional or other protection
Status: in_force

§ 11-0311. Additional or other protection.\n  1. The department shall have power to give to any wildlife or fish,\nother than migratory fish of the sea, protection or additional\nprotection to that afforded by this article, if ten or more citizens\nfile with the department a petition signed by them stating the grounds\non which such protection is necessary and giving their addresses. If the\ndepartment entertains the petition it shall within twenty days\nthereafter hold a public hearing thereon in a place determined by it in\nthe locality affected. At least ten days before the hearing, notice\nthereof shall be advertised in a newspaper published in each county\naffected. The notice shall state the grounds of the application and a\ncopy thereof shall be mailed to each petitioner at least ten days before\nthe hearing.\n  2. If after the hearing the department determines that by reason of\ndisease danger of extermination or from other cause or reason, such\nspecies of fish or wildlife requires such additional or other\nprotection, either local or state-wide, the department may adopt\nregulations restricting the destruction, disturbance or taking of such\nspecies. Such regulations may be adopted for the entire state or any\npart of it.\n  3. A regulation adopted pursuant to this section is effective\naccording to its terms notwithstanding any other provision of the Fish\nand Wildlife Law.\n
N.Y. ENV Law § 49-0307 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0307
Procedures for modifying or extinguishing conservation easement
Status: in_force

§ 49-0307. Procedures for modifying or extinguishing conservation\n             easement.\n  1. A conservation easement held by a not-for-profit conservation\norganization may only be modified or extinguished:\n  (a) as provided in the instrument creating the easement; or\n  (b) in a proceeding pursuant to section nineteen hundred fifty-one of\nthe real property actions and proceedings law; or\n  (c) upon the exercise of the power of eminent domain.\n  2. A conservation easement held by a public body outside the\nAdirondack park or Catskill park, as defined in section 9-0101 of this\nchapter, may only be modified or extinguished:\n  (a) as provided in the instrument creating the easement; or\n  (b) in a proceeding pursuant to section nineteen hundred fifty-one of\nthe real property actions and proceedings law; or\n  (c) upon the exercise of the power of eminent domain; or\n  * (d) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or a major\nelectric transmission facility which has received a siting permit\npursuant to article VIII of the public service law, upon the filing of\nsuch certificate or permit in a manner prescribed for recording a\nconveyance of real property pursuant to section two hundred ninety-one\nof the real property law or any other applicable provision of law.\n  * NB Effective until December 31, 2040\n  * (d) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or is required\nfor a major steam electric generating facility which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle eight of the public service law, upon the filing of such\ncertificate in a manner prescribed for recording a conveyance of real\nproperty pursuant to section two hundred ninety-one of the real property\nlaw or any other applicable provision of law.\n  * NB Effective December 31, 2040\n  3. A conservation easement held by a public body inside the Adirondack\npark or the Catskill park, as defined in section 9-0101 of this chapter,\nmay be modified or extinguished:\n  (a) as provided in the instrument creating the easement; or\n  (b) upon the exercise of the power of eminent domain; or\n  (c) unless such easement is held by the state, in a proceeding\npursuant to section nineteen hundred fifty-one of the real property\nactions and proceedings law; or\n  (d) where such easement is held by the state, upon a determination by\nthe commissioner, after a non-adjudicatory public hearing, at which the\npublic shall be given opportunity to be heard, that the easement can no\nlonger substantially accomplish its original purposes or any of the\npurposes set forth in section 49-0301 of this title. Notice of any such\nhearing shall be given to the public pursuant to thirty days published\nnotice in the state register, the environmental notice bulletin and in a\nnewspaper having general circulation in the county where the real\nproperty burdened by the easement is situated and individual notice\nshall be given in writing to any person who may be entitled to enforce\nsuch easement pursuant to subdivision five of section 49-0305 of this\ntitle at such address as such person shall file with the commissioner;\nor\n  * (e) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law, a major\nelectric transmission facility which has received a siting permit\npursuant to article VIII of the public service law, or a major electric\ngenerating facility or repowering project which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle ten of the public service law, upon the filing of such\ncertificate or permit in a manner prescribed for recording a conveyance\nof real property pursuant to section two hundred ninety-one of the real\nproperty law or any other applicable provision of law, provided that\nsuch certificate or permit contains a finding that the public interest\nin the conservation and protection of the natural resources, open spaces\nand scenic beauty of the Adirondack or Catskill parks has been\nconsidered.\n  * NB Effective until December 31, 2040\n  * (e) where land subject to a conservation easement or an interest in\nsuch land is required for a major utility transmission facility which\nhas received a certificate of environmental compatibility and public\nneed pursuant to article seven of the public service law or is required\nfor a major steam electric generating facility which has received a\ncertificate of environmental compatibility and public need pursuant to\nthe former article eight of the public service law, or a major electric\ngenerating facility or repowering project which has received a\ncertificate of environmental compatibility and public need pursuant to\narticle ten of the public service law, upon the filing of such\ncertificate in a manner prescribed for recording a conveyance of real\nproperty pursuant to section two hundred ninety-one of the real property\nlaw or any other applicable provision of law, provided that such\ncertificate contains a finding that the public interest in the\nconservation and protection of the natural resources, open spaces and\nscenic beauty of the Adirondack or Catskill parks has been considered.\n  * NB Effective December 31, 2040\n  4. Where a conservation easement is modified or extinguished pursuant\nto paragraph (d) of subdivision two or paragraph (e) of subdivision\nthree of this section, such easement shall be modified or extinguished\nonly to the minimum extent necessary to accommodate the facility which\nis the subject of the certificate of environmental compatibility and\npublic need.\n  5. Nothing in this section shall be construed to preclude the\nextinguishment or modification of a conservation easement pursuant to\nthe applicable provisions of the federal natural gas act (15\nU.S.C. §§ 717-717 w).\n
N.Y. DOM Law § 77-K — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-K
Costs, fees and expenses
Status: in_force

§ 77-k. Costs, fees and expenses. 1. The court shall award the\nprevailing party, including a state, necessary and reasonable expenses\nincurred by or on behalf of the party, including costs, communication\nexpenses, attorney's fees, investigative fees, expenses for witnesses,\ntravel expenses, and child care during the course of the proceedings,\nunless the party from whom fees or expenses are sought establishes that\nthe award would be inappropriate. No fees, costs or expenses shall be\nassessed against a party who is fleeing an incident of domestic violence\nor mistreatment or abuse of a child or sibling, unless the court is\nconvinced by a preponderance of evidence that such assessment would be\nclearly appropriate.\n  2. The court may not assess fees, costs, or expenses against a state\nunless authorized by law other than this article.\n
N.Y. RSS Law § 313 — New York Code / Act RSS / Article 8 / Title 3 / Section 313
Management of funds
Status: in_force

§ 313. Management of funds. a. The funds of the police and fire\nretirement system shall be managed in accordance with this section.\n  b. The comptroller shall be trustee of the several funds of the police\nand fire retirement system. Such funds shall be invested by the\ncomptroller in securities in which he or she is authorized by law to\ninvest the funds of the state, except that he or she may invest in\nobligations consisting of notes, bonds, debentures or equipment trust\ncertificates issued under an indenture, which are the direct obligations\nof, or in the case of equipment trust certificates are secured by direct\nobligations of, a railroad or industrial corporation, or a corporation\nengaged directly and primarily in the production, transportation,\ndistribution, or sale of electricity, or gas, or the operation of\ntelephone or telegraph systems or waterworks, or in some combination of\nthem; provided the obligor corporation is one which is incorporated\nunder the laws of the United States, or any state thereof, or of the\nDistrict of Columbia, and said obligations shall be rated at the time of\npurchase within the three highest classifications established by at\nleast two standard rating services. The maximum amount that the\ncomptroller may invest in such obligations shall not exceed thirty per\ncentum of the assets of the New York state police and fire retirement\nsystem's funds; and provided further that not more than two and one-half\nper centum of the assets of the New York state police and fire\nretirement system's funds shall be invested in the obligations of any\none corporation of the highest classification and subsidiary or\nsubsidiaries thereof, that not more than two per centum of the assets of\nthe New York state police and fire retirement system's funds shall be\ninvested in the obligations of any one corporation of the second highest\nclassification and subsidiary or subsidiaries thereof, that not more\nthan one and one-half per centum of the assets of the New York state\npolice and fire retirement system's funds shall be invested in the\nobligations of any one corporation of the third highest classification\nand subsidiary or subsidiaries thereof. He or she shall, however, be\nsubject to all terms, conditions, limitations and restrictions imposed\nby this article and by law upon the making of such investments. The\ncomptroller shall have full power:\n  1. To hold, purchase, sell, assign, transfer or dispose of any of the\nsecurities or investments, in which any of the funds of the police and\nfire retirement system shall be invested, including the proceeds of such\ninvestments and any monies belonging to such funds, and\n  2. In his or her name as trustee, to foreclose mortgages upon default\nor to take title to real property in such proceedings in lieu thereof\nand to lease and sell real property so acquired.\n  c. The comptroller annually shall credit to each of the funds of the\npolice and fire retirement system regular interest on the mean amount\ntherein for the preceding year.\n  d. The custody of all funds of the police and fire retirement system\nshall be in the charge of the head of the division of the treasury of\nthe department of taxation and finance, subject to the supervision and\ncontrol of the commissioner of taxation and finance.\n  e. Payment of all pensions, annuities and other benefits shall be made\nas provided in this article. For the purpose of meeting disbursements\nfor pensions, annuities and other payments ordered by the comptroller,\nthe head of such division may keep on deposit an available fund which\nshall not exceed ten per centum of the total amount of the several funds\nof the police and fire retirement system. Every such deposit shall be\nkept only in a bank or trust company organized under the laws of this\nstate, or in a national bank located in this state, which shall furnish\nadequate security therefor.\n  f. The comptroller, however, shall have a fund in his or her immediate\npossession. Such fund shall be used for the immediate payment of:\n  1. All pensions, annuities and other benefits, and\n  2. Such expenses as may necessarily be incurred in acquiring,\nservicing and foreclosing mortgages and in acquiring, managing and\nprotecting investments, and\n  3. Such special expenditures for which the police and fire retirement\nsystem will be paid by the state or a participating employer. Such fund\nshall be reimbursed from time to time by the head of such division on\nthe warrant of the comptroller.\n  g. Neither the comptroller nor any person employed on the work of the\npolice and fire retirement system shall:\n  1. Except as herein provided, have any interest, direct or indirect,\nin the gains or profits of any investment of the police and fire\nretirement system, nor, in connection therewith, directly or indirectly,\nreceive any pay or emolument for his or her services.\n  2. Except as provided in section three hundred fifty of this article:\n  (a) Directly or indirectly, for himself or herself or as an agent or\npartner of others, borrow any of its funds or deposits or in any manner\nuse the same except to make such current and necessary payments as are\nauthorized by the comptroller, or\n  (b) Become an endorser, surety or an obligor in any manner of monies\nloaned by or borrowed of such funds.\n  h. The police and fire retirement system may use a part of its funds,\nnot exceeding ten per centum of its assets, (1) for purchasing or\nleasing of land in the city of Albany and the construction thereon of a\nsuitable office building or buildings for the transaction of the\nbusiness of the retirement system, (2) for purchasing or leasing of land\nin the cities of Albany, Syracuse, Buffalo, Binghamton, New York,\nRochester and Utica and the construction thereon of a suitable office\nbuilding or buildings for purposes of lease or sale to the state, (3)\nfor purchasing or leasing of land in the city of Albany on the north and\nsouth sides of Washington avenue commonly known as the "Campus Site"\nacquired by the state for a state building site pursuant to the\nprovisions of chapter five hundred seventy-two of the laws of nineteen\nhundred forty-seven and the construction thereon of power plants\nincluding service connections, electric substations including service\nconnections, garages, warehouses and restaurant facilities deemed\nnecessary for the efficient and economical operation of the office\nbuilding or buildings constructed on such land and (4) for purchasing or\nleasing of land in the city of Albany acquired by the state for suitable\nparking facilities for the use primarily of employees of the state and\npersons having business with state departments and state agencies and\nthe construction thereon of such structures, appurtenances and\nfacilities deemed necessary for the efficient and economical operation\nof the parking facilities constructed on such land and (5) for\npurchasing or leasing of land in locations approved by the state\nuniversity trustees and the construction, acquisition, reconstruction,\nrehabilitation or improvement of suitable buildings or facilities\nthereon for purposes of lease or sale to the state university\nconstruction fund, such buildings or facilities to be used by the state\nuniversity or by state-operated institutions or statutory or contract\ncolleges under the jurisdiction of the state university or by the\nstudents, faculty and staff of the state university or of any such\nstate-operated institution or statutory or contract college, and their\nfamilies.\n  The police and fire retirement system from time to time may lease to\nany public agency any portion of a building constructed for the\ntransaction of its business which may not be required for such purpose,\nupon such terms and conditions as shall be deemed to be for the best\ninterest of the police and fire retirement system.\n  Real property of the police and fire retirement system acquired or\nconstructed pursuant to this subdivision shall be exempt from taxation.\n  i. At the close of each fiscal year, the average rate of investment\nearnings of the retirement system shall be computed by the actuary and\ncertified to the comptroller. This rate shall be determined from the\ninvestment earnings during the calendar year which ended three months\nprior to the close of the fiscal year. For any year that such average\nrate of earnings is in excess of three per centum but not in excess of\nfour per centum, the comptroller shall declare a rate of special\ninterest, for members earning regular interest of three per centum,\nequal to the difference between such average rate of earnings and three\nper centum, expressed to the lower one-tenth of one per centum, but not\nin excess of one per centum. For any year, commencing with the fiscal\nyear the first day of which is April first, nineteen hundred seventy,\nthat such average rate of earnings is in excess of four per centum, the\nspecial rate of interest for members earning regular interest of three\nper centum shall be equal to the difference between such average rate of\nearnings and three per centum, expressed to the lower one-tenth of one\nper centum, but not in excess of two per centum, and for members earning\nregular interest of four per centum, it shall be the difference between\nsuch average rate of earnings and four per centum, expressed to the\nlower one-tenth of one per centum, but not in excess of one per centum.\nSpecial interest at such rates, shall be credited, by the comptroller at\nthe same time that regular interest is credited, to the individual\nannuity savings accounts of persons who are members as of the close of\nthe fiscal year. Special interest shall not be considered in determining\nrates of contribution of members. In the case of persons who last became\nmembers on or after July first, nineteen hundred seventy-three, the\nprovisions of this subdivision shall apply only to the fiscal years\nbeginning April first, nineteen hundred seventy-two and ending March\nthirty-first, nineteen hundred seventy-three.\n  j. The retirement system may invest, within the limitations authorized\nfor investments in conventional mortgages, a part of its funds in first\nmortgages on real property located anywhere within the boundaries of the\nUnited States and leased to the government of the United States,\nprovided however, that no such investment shall be made unless the terms\nof the mortgage shall provide for amortization payments in an amount\nsufficient to completely amortize the loan within the period of the\nlease.\n
N.Y. STL Law § 128 — New York Code / Act STL / Article 8 / Title 3 / Section 128
Saving clause
Status: in_force

§ 128. Saving clause. a. If the districts described in this article do\nnot carry out the purposes thereof, because of unintentional omission;\nduplications; overlapping areas; erroneous nomenclature; lack of\nadequate maps or descriptions of political subdivisions, wards, or other\ndivisions thereof, or of their boundary line; street closings, changes\nin names of streets, or other changes of public places; alteration of\nthe boundary or courses of waters or waterways, filling in or lands\nunder water, accretion or other changes in shorelines; or alteration of\ncourses, rights of way, or lines of public utilities or other\nconditions, then the state board of elections, at the request of any\nperson aggrieved thereby, or any candidate affected thereby shall, by\norder, correct such omissions, overlaps, erroneous nomenclature, or\nother defects in the description of districts so as to accomplish the\npurposes and objectives of this article.\n  b. In promulgating such orders, the state board of elections, in\naddition to achieving equality in the population of districts and\ninsuring that all areas of the state are completely and accurately\nencompassed in such districts, shall be guided by the following\nstandards:\n  (1) Gaps in the description of any district shall be completed in a\nmanner which results in a total description of that district consonant\nwith the description of adjacent districts and in complete contiguity of\ndistricts.\n  (2) Areas of the state included within the descriptions of more than\none district shall be allocated to the district having the lowest\npopulation.\n  (3) Areas of the state not included within the descriptions of any\ndistrict shall be allocated to the adjacent district having the lowest\npopulation.\n  (4) In the event that the area subject to corrected description or\nallocation as provided in paragraph one, two or three of this\nsubdivision is of such size or contains such population that its\ninclusion as a unit in any district would result in substantial\ndisparity in the size, shape or population of such district, then the\nstate board of elections may allocate portions of such area to two or\nmore districts.\n  (5) In any allocation of area or correction of descriptions made\npursuant to this section, the state board of elections shall, consistent\nwith the foregoing standards, preserve the contiguity and compactness of\ndistricts and avoid the unnecessary division of political subdivisions.\n  c. Copies of such orders shall be filed by the state board of\nelections in its own office and in the office of the affected boards of\nelection.  A copy of each such order shall also be filed by the state\nboard with the legislative bill drafting commission to facilitate it in\nperforming its functions under section seventy-b of the public officers\nlaw. In addition, a copy of such order shall be served upon the person\nor candidate, if any, who instituted the application for such an order.\nThe state board of elections may adopt reasonable rules regulating the\nprocedure for applications for orders under this section in the manner\nof serving and filing any notice or copy of orders relating thereto.\n  d. Upon the filing of such an order, the description of any affected\ndistrict shall be deemed to have been corrected in the manner provided\nin such order to the full extent as if such correction had been\ncontained in the original description set forth in this article.\n  e. In furtherance of effectuating the provisions of subdivision d of\nthis section, the legislative bill drafting commission, upon receipt\nfrom the state board of elections of an order promulgated pursuant to\nsubdivision b of this section, and upon the approval of the temporary\npresident of the senate and the speaker of the assembly, shall cause the\ndescription of a senate district or assembly district altered pursuant\nto any such order to be revised accordingly within its data base of the\nlaws of the state of New York so that such altered district may be\ncontained in a publication of the state law and be certified to as a\ncorrect transcript of the text of law relating thereto such district in\nthe manner authorized by section seventy-b of the public officers law.\n
N.Y. ENV Law § 53-0301 — New York Code / Act ENV / Article 53 / Title 3 / Section 53-0301
Legislative purpose
Status: in_force

§ 53-0301. Legislative purpose.\n  The legislature finds and declares that:\n  1. It is the purpose of this title to promote a comprehensive urban\nforestry program to assure positive benefit from urban trees planned and\nmanaged with adequate recognition of the physical, biotic and social\nsurroundings in which they are encouraged to grow and provide their\nbenefits.\n  2. Trees can serve as a vital link between man in the urban setting\nand his environment, if properly planned and managed.\n  3. Trees and shrubs can improve the quality of urban environments by\nhelping to prevent erosion, by providing shade, modifying extremes of\ntemperature and humidity, helping to reduce noise and air pollution, and\nenhancing the aesthetic quality of life. Also, vegetation in urban green\nspace can contribute to urban water shed management and provide habitats\nfor desirable urban wildlife.\n  4. Growing conditions in urban areas for trees and associated plants\nare frequent and recurrent problems because of highway and street\nwidening, sidewalk reconstruction, air pollution, modified drainage,\nerosion, soil fertility depletion, insects and disease, mechanical\nhazards and other adverse influences resulting from concentrated use of\nland. On the other hand, many mature urban areas have large tracts of\nopen space on which more urban vegetation could be grown.\n  5. Improved and expanded urban tree programs for planting and\nmaintenance of trees and associated vegetation in urban areas would help\nmake urban areas more pleasant and healthful places to live, work and\nvisit; and\n  6. Trees are an important economic asset and resource to urban areas\nby increasing land values and by modifying extremes of temperature,\nhumidity and winds and thereby have an important role in reducing the\namount of energy consumed in heating and cooling many urban buildings\nand homes.\n
N.Y. ENV Law § 13-0339 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0339
Marine fish; size limits of marine species; sale of marine species
Status: in_force

§ 13-0339. Marine fish; size limits of marine species; sale of marine\n              species.\n  1. a. The taking of fish with nets in the marine and coastal district\nis governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and\n11-1521, and regulations adopted pursuant to sections 11-0303, 11-1303,\n13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,\n13-0340-e, 13-0340-f and 13-0340-g of this chapter. The taking of fish\nby other means, in the marine and coastal district, is governed by title\n13 of article 11 of the Fish and Wildlife Law, subject to restrictions\nin section 13-0343 as to certain waters, and to provisions of sections\n13-0347 and 11-1521 and regulations adopted pursuant to section 11-0303\nof this chapter as to striped bass and sections 13-0338, 13-0339-a,\n13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,\n13-0340-f and 13-0340-g as to other species of marine fish. The taking,\nand sale or taking for sale, of certain bait fish are governed by\nsection 11-1315 of this chapter.\n  b. Open seasons, minimum size limits and catch limits for fish other\nthan the marine species named in subdivisions 2 and 3 of this section\nare specified by regulations adopted pursuant to sections 11-0303,\n11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,\n13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. All\nshortnose sturgeon irrespective of size and all Atlantic sturgeon under\nthe size limits prescribed by regulations adopted pursuant to section\n11-1303 of this chapter taken in gill nets shall be immediately returned\nto the water without unnecessary injury. Other fish named by regulations\nadopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,\n13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,\n13-0340-f and 13-0340-g of this chapter and under the size limits\nprescribed in such regulations, shall not be bought, sold or trafficked\nin.\n  c. The sale, possession and transportation of fish, other than the\nmarine species named in subdivisions 2 and 3 of this section are\ngoverned by sections 11-1319, 11-1521 and 13-0347, and regulations\nadopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a,\n13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e,\n13-0340-f and 13-0340-g of this chapter.\n  2. Fluke or summer flounder (Paralichthys dentatus) and southern\nflounder (Paralichthys lethostigma) less than fourteen inches in length,\nweakfish (Cynoscion regalis) less than twelve inches in length, Atlantic\ncod (Gadus morhua) less than nineteen inches in length, porgy or scup\n(Stenotomus chrysops) less than seven inches, black sea bass\n(Centropristis striata) less than nine inches, and winter flounder\n(Pleuorenectes americanus) less than eleven inches in length may not be\ntaken by angling for recreational purposes.\n  3. Fluke or summer flounder (Paralichthys dentatus) and southern\nflounder (Paralichthys lethostigma) less than fourteen inches; blue fish\n(Pomatomus saltatrix) less than nine inches; porgy or scup (Stenotomus\nchrysops) less than nine inches; weakfish (Cynoscion regalis) less than\ntwelve inches; mackerel (Scomber scombrus) less than seven inches; black\nsea bass (Centropristis striata) less than nine inches; Atlantic cod\n(Gadus morhua) less than nineteen inches; winter flounder (Pleuorenectes\namericanus) less than twelve inches, may not be taken or possessed for\ncommercial purposes or transported for commercial purposes nor bought,\nsold or offered for sale. For purposes of this subdivision, commercial\npurposes includes use of any form of net, comb, dredge or hook and line,\nexcept angling.\n  4. All length measurements in this section shall be taken as the total\nlength which is defined as the longest straight-line measurement from\nthe most anterior or forward part of the fish with the jaws closed to\nthe tip of the tail. The tail rays of a fish with a forked tail may be\nsqueezed together to give the longest overall measurement.\n  5. Blue marlin (Makaira nigricans), white marlin (Tetrapturus\nalbidus), sailfish (Istiophorus platypterus), and longbill spearfish\n(Tetrapturus pfluegeri) shall not be bought, sold or offered for sale.\nStriped marlin (Tetrapturus audax), black marlin (Makaira indica),\nshortbill spearfish (Tetrapturus angustirostris) shall not be bought,\nsold or offered for sale unless identified and tagged as such prior to\nentry into the state. Such identification and tag shall include at a\nminimum, the species of billfish and the place of initial landing.\n
N.Y. ENV Law § 49-0305 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0305
Conservation easements; certain common law rules not applicable
Status: in_force

§ 49-0305. Conservation easements; certain common law rules not\n             applicable.\n  1. A conservation easement may be created or conveyed only by an\ninstrument which complies with the requirements of section 5-703 of the\ngeneral obligations law and which is subscribed by the grantee. It shall\nbe of perpetual duration unless otherwise provided in such instrument.\n  2. A conservation easement shall be modified or extinguished only\npursuant to the provisions of section 49-0307 of this title. Any such\nmodification or extinguishment shall be set forth in an instrument which\ncomplies with the requirements of section 5-703 of the general\nobligations law or in an instrument filed in a manner prescribed for\nrecording a conveyance of real property pursuant to section two hundred\nninety-one of the real property law.\n  3. (a) A conservation easement shall be held only by a public body or\nnot-for-profit conservation organization, except that the state shall\nnot be authorized or empowered to acquire or hold any conservation\neasement which is subject to the provisions of article fourteen of the\nconstitution.\n  (b) Any conservation easement created pursuant to this title shall not\nlimit, restrict or modify the right to construct, operate or continue\nthe use of any facility, or impede any activity, duly authorized under\nthe applicable provisions of the federal natural gas act (15 U.S.C. §§\n717-717 w).\n  4. A conservation easement shall be duly recorded and indexed as such\nin the office of the recording officer for the county or counties where\nthe land is situate in the manner prescribed by article nine of the real\nproperty law. The easement shall describe the property encumbered by the\neasement by adequate legal description or by reference to a recorded map\nshowing its boundaries and bearing the seal and signature of a licensed\nland surveyor, or if the easement encumbers the entire property\ndescribed in a deed of record, the easement may incorporate by reference\nthe description in such deed, otherwise it shall refer to the liber and\npage of the deed or deeds of the record owner or owners of the real\nproperty burdened by the conservation easement. An instrument for the\npurpose of creating, conveying, modifying or terminating a conservation\neasement shall not be effective unless recorded. A person causing any\nsuch document to be so recorded shall forthwith forward a copy thereof\nto the department, which shall maintain a file of conservation\neasements.\n  5. A conservation easement may be enforced in law or equity by its\ngrantor, its holder or by a public body or any not-for-profit\nconservation organization designated in the easement as having a third\nparty enforcement right, and is enforceable against the owner of the\nburdened property. Enforcement shall not be defeated because of any\nsubsequent adverse possession, laches, estoppel or waiver. No general\nlaw of the state which operates to defeat the enforcement of any\ninterest in real property shall operate to defeat the enforcement of any\nconservation easement unless such general law expressly states the\nintent to defeat the enforcement of such easement or provides for the\nexercise of the power of eminent domain. It is not a defense in any\naction to enforce a conservation easement that:\n  (a) It is not appurtenant to an interest in real property;\n  (b) It can be or has been assigned to another holder;\n  (c) It is not of a character that has been recognized traditionally at\ncommon law;\n  (d) It imposes a negative burden;\n  (e) It imposes affirmative obligations upon the owner of any interest\nin the burdened property, or upon the holder;\n  (f) The benefit does not touch or concern real property; or\n  (g) There is no privity of estate or of contract.\n  6. The holder of a conservation easement, its agents, employees, or\nother representatives may enter and inspect the property burdened by a\nconservation easement in a reasonable manner and at reasonable times to\nassure compliance with the restriction.\n  7. The department shall promulgate regulations establishing standards\nfor conservation easements which shall specify but not be limited to:\n  (a) the minimum term for a conservation easement as is necessary and\nappropriate to achieve the policy and purpose of this title, except that\nsuch standards shall not preclude taxpayers who own or convey\nconservation easements from qualifying for benefits under federal or\nstate tax laws when such benefits would otherwise be available by virtue\nof such ownership or conveyance; and\n  (b) standards and procedures which require each conservation easement\nheld by a public body to include terms under which the easement shall be\nmodified where the commissioner has found after a non-adjudicatory\npublic hearing at which the public shall be given opportunity to be\nheard, that such easement is inconsistent with any other interest in\nland required for the local gathering, transmission or distribution of\ngas, electricity, water, telephone or cable television services and that\nno reasonable alternative exists for the local gathering, transmission\nor distribution of such service. Notice of any such hearing shall be\ngiven to the public pursuant to thirty days published notice in the\nstate register, the environmental notice bulletin and in a newspaper\nhaving general circulation in the county where the real property\nburdened by the easement is situated and individual notice shall be\ngiven in writing to any person who may be entitled to enforce such\neasement pursuant to the provisions of subdivision five of this section\nat such address as such person shall file with the commissioner.\n  8. Where a conservation easement is modified pursuant to subdivision\nseven of this section, or pursuant to any regulations promulgated\nthereunder, such easement shall be modified only to the minimum extent\nnecessary to accommodate the local gathering, transmission or\ndistribution of gas, electricity, water, telephone or cable television\nservice.\n  9. Written notice shall be provided to the director of the budget and\nnotice published in the state register and the environmental notice\nbulletin at least thirty days prior to the acquisition, or entry into a\ncontract for the acquisition, on behalf of the state of any conservation\neasement.\n
N.Y. SOS Law § 69 — New York Code / Act SOS / Article 3 / Title 3 / Section 69
Responsibility for public assistance and care in a county social services district
Status: in_force

§ 69. Responsibility for public assistance and care in a county social\nservices district. The responsibility for the  administration of public\nassistance and care in a county social services district and the expense\nthereof may either be  borne by the county social services district or\nbe divided between such district and the towns and cities therein as\nhereinafter provided.\n  1. Unless otherwise determined by the board of supervisors as\nhereinafter provided, each town shall be responsible for the expense of\nproviding safety net assistance for persons residing or found in such\ntown.\n  2. Unless otherwise determined by the board of supervisors as\nhereinafter provided, a city forming a part of a county social services\ndistrict shall be responsible for the expense of  providing safety net\nassistance for any person residing or found in its territory.\n  3. A county social services district shall be responsible for the\nexpense of providing all assistance and care for persons residing or\nfound in a town or city in its territory for which such town or city is\nnot responsible under the provisions of subdivisions one and two of this\nsection.  The expense of such assistance and care granted by a county\nsocial services district shall be subject to reimbursement by the state\nin the cases provided for by section sixty-two or by any other provision\nof this chapter.\n
N.Y. GOB Law § 5-337 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-337
Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable
Status: in_force

§ 5-337. Agreements requiring contractees to waive their rights in\nrelation to expressing certain opinions about contractors void and\nunenforceable. 1. (a) A contract or proposed contract for the sale or\nlease of consumer goods or services may not include a provision waiving\nthe consumer's right to make any statement regarding the seller or\nlessor or its employees or agents, or concerning the goods or services.\n  (b) It shall be unlawful to threaten or to seek to enforce a provision\nmade unlawful under this section, or to otherwise penalize a consumer\nfor making any statement protected under this section.\n  2. Any waiver of the provisions of this section is contrary to public\npolicy, and is void and unenforceable.\n  3. Any person or entity that violates this section shall be subject to\na civil penalty not to exceed two thousand five hundred dollars for the\nfirst violation, and five thousand dollars for the second and for each\nsubsequent violation, to be assessed and collected in a civil action\nbrought by the consumer or by the attorney general. In addition, for a\nwillful or intentional violation of this section, a consumer or the\nattorney general may recover a civil penalty not to exceed ten thousand\ndollars. Under this section, when the civil action is brought by the\nconsumer, the civil penalty shall be payable to the consumer and when\nthe civil action is brought by the attorney general, such civil penalty\nshall be payable to the state.\n  4. The penalty provided by this section is not an exclusive remedy,\nand does not affect any other relief or remedy provided by law. This\nsection shall not be construed to prohibit or limit a person or business\nthat hosts online consumer reviews or comments from removing a statement\nthat is otherwise lawful to remove.\n
N.Y. ENV Law § 13-0334 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0334
Marine and coastal district food fish and crustacea dealers and shippers license
Status: in_force

§ 13-0334. Marine and coastal district food fish and crustacea dealers\n             and shippers license.\n  1. No person shall purchase marine food fish or crustacea, whether to\nbe used as food or bait, directly from the person taking such marine\nfood fish or crustacea for the purpose of resale trade or barter without\na valid food fish and crustacea dealers and shippers license. No person\nshall operate a facility for packing, holding or storing such marine\nfood fish or crustacea prior to consignment, transport or sale without a\nvalid food fish and crustacea dealers and shippers license.\n  2. No person shall ship, transport or traffic in marine food fish or\ncrustacea for resale, trade or barter to persons other than the final\nconsumer within the state or export food fish or crustacea landed in New\nYork to outside the state without a valid food fish and crustacea\ndealers and shippers license. No such license shall be required of\ncommon carriers who transport marine food fish or crustacea. Such common\ncarrier must carry and have ready for inspection any bill of\nconsignment, bill of lading or other documentation showing thereon the\nname and address of the consignee, name and address of the shipper, the\ndate of the shipment and the quantity of each species shipped. For\npurposes of this section, "common carrier" shall mean persons engaged\nsolely in the transport of food fish or crustaceans which have been\nconsigned or sold by a licensed harvester or by a licensed dealer and\nshipper to a licensed dealer and shipper within the state or to another\nparty outside the state. A common carrier shall hold no title, ownership\nor financial interest in the food fish or crustacean being transported.\nNo such license shall be required of a person who is the holder of a\nfood fish license, a lobster license or a blue-claw crab license issued\npursuant to section 13-0335, 13-0329 or 13-0331, respectively, while\ntransporting the species which he or she has lawfully and personally\ntaken. For purposes of this section, "landed" means the bringing to any\nshore food fish or crustacea taken by a holder of a license issued\npursuant to this article or the transfer of the catch taken pursuant to\nthis article from a vessel to any other vessel or to the land or to any\npier, wharf, dock or other similar structure.\n  3. No person who is the holder of a commercial food fish license or a\ncommercial lobster license or a commercial crab license shall sell,\ntrade or barter marine food fish or crustacea in New York state except\nto the holder of a marine and coastal district food fish and crustacea\ndealers and shippers license. Provided, however, that persons who\npossess commercial food fish, lobster, or crab licenses may sell the\nmarine food fish or crustacea they are authorized to take for commercial\npurposes directly to the consumer of such marine food fish or crustacea\nand that such licensed harvesters shall report to the department such\ndirect sales to consumers pursuant to paragraph a of subdivision one of\nsection 13-0342.\n  4. The fee for a food fish and crustacea dealers and shippers license\nshall be two hundred fifty dollars and shall cover all persons employed\nby the licensee. Licenses issued pursuant to this section shall be valid\nfor a single business address, shall be nontransferable and shall expire\non the thirty-first day of December of each year.\n  5. No person licensed as a dealer or shipper shall purchase or ship\nmarine food fish or crustacea directly from the taker of marine food\nfish or crustacea unless the taker presents the appropriate valid\nlicense to the person making the purchase. No person who operates a\nfacility for the packing, holding or storing of marine food fish or\ncrustacea prior to consignment, transport or sale shall accept such\nproduct without requiring the taker to provide his or her name, address\nand appropriate valid license number, the date, and quantities of\nproduct in the transaction.\n  6. A licensed dealer or shipper may only import, export, possess, or\noffer for sale, barter, or trade, lobsters greater in length than\nprovided by subdivision 5 of section 13-0329 of this title if:\n  a. The licensed dealer or shipper has notified the department in\nwriting prior to taking such action on a form prescribed by the\ndepartment; and\n  b. The lobsters are in a secured container in accordance with\nparagraph a of subdivision 18 of section 13-0329 of this title or tagged\nin accordance with paragraph b of subdivision 18 of section 13-0329 of\nthis title.\n  7. No person licensed as a dealer or shipper may import, export,\npossess, or offer for sale, barter, trade, lobsters, or parts thereof,\nnot in the shell, detached lobster tails or claws, or any other part of\na lobster that has been separated from the lobster except as authorized\nby subdivision 19 of section 13-0329 of this title.\n
N.Y. PBA Law § 1053 — New York Code / Act PBA / Article 5 / Title 3 / Section 1053
Erie county water authority
Status: in_force

§ 1053. Erie county water authority. 1. A corporation known as "Erie\ncounty water authority" is hereby created for the purposes and charged\nwith the duties and having the powers provided in this title.  The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. It shall consist of three members, all of whom\nshall be residents of the county. Not more than two members of the said\nauthority in office at any time shall belong to the same political\nparty. The appointment, pursuant to the provisions of chapter eight\nhundred forty-five of the laws of nineteen hundred forty-nine, of the\nfirst members, Richard F. Ball, Jerome D. Van De Water, and John Horner,\nfor the terms, respectively, of one year, two years and three years from\nthe twenty-seventh day of April, nineteen hundred forty-nine, is hereby\nratified and confirmed. Any subsequent appointment shall be made for a\nterm of three years and shall be made by the chairman of the board of\nsupervisors of the county of Erie, pursuant to nominations in writing by\nthe majority, respectively, of the supervisors of each political party\nrepresented on such board of supervisors, subject to confirmation by a\nmajority of such board of supervisors. All members shall continue to\nhold office until their successors are appointed and qualify. The\nappointment of the first chairman, John Horner, pursuant to the\nprovisions of chapter eight hundred forty-five of the laws of nineteen\nhundred forty-nine, for a term of one year from the twenty-seventh day\nof April, nineteen hundred forty-nine, is hereby ratified and confirmed.\nSubsequent chairmen shall be elected annually by the members of the\nauthority. Vacancies, occurring otherwise than by expiration of term of\noffice, shall be filled by appointments by the board of supervisors for\nthe unexpired terms. Members of the authority may be removed from office\nfor the same reasons and in the same manner as may be provided by law\nfor the removal of officers of the county. The members of the authority\nshall receive such compensation for their services as shall be fixed by\nthe board of supervisors and be reimbursed for all expenses incurred in\nconnection with the carrying out of the purposes of this title. The\npowers of the authority shall be vested in and be exercised by the\nmembers at a meeting duly called and held and two members shall\nconstitute a quorum. No action shall be taken except pursuant to the\nfavorable vote of at least two members. The authority may delegate to\none or more of its members, officers, agents or employees such powers\nand duties as it may deem proper.\n  2. The authority and its corporate existence shall continue for a\nperiod of twelve years from the twenty-seventh day of April, nineteen\nhundred forty-nine, and thereafter until all its liabilities have been\nmet and its bonds have been paid in full or such liabilities or bonds\nhave otherwise been discharged and thereupon all rights and properties\nof the authority shall pass to and be vested in the county of Erie.\n  3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer who shall be members of the authority, and\na secretary, who need not be a member of the authority. The\nvice-chairman, treasurer and secretary shall be appointed by the\nauthority and shall serve at the pleasure of the authority. The\nauthority may appoint an attorney and an engineer and such additional\nofficers and employees as it may require for the performance of its\nduties, fix and determine their qualifications, duties, and\ncompensation, subject to the provisions of the civil service law of the\nstate of New York and such rules as the personnel officer of the county\nof Erie may adopt and make applicable to such authority. The authority\nmay also from time to time contract for expert professional services.\nThe treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the authority and the premium therefor shall\nbe paid by the authority.\n  4. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county of Erie and the state of New\nYork, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n  5. Upon the creation of the authority and thereafter, the board of\nsupervisors may, by resolution, from time to time appropriate sums of\nmoney to defray the preliminary expenses of the authority incurred in\nthe exercise of the powers conferred upon it by this title and shall\ninclude among other costs, the costs incurred by the authority for\nadministrative, engineering, accounting and legal services. Upon the\nissuance of bonds for any of the purposes authorized by this title the\nauthority shall repay to the county of Erie that portion of the moneys\nappropriated by the county and expended by the authority in connection\nwith and attributed to the purpose or purposes for which the bonds were\nissued. Any such allocation shall be subject to the approval of the\ncomptroller of the county of Erie.\n
N.Y. PBH Law § 2897-B — New York Code / Act PBH / Article 28-D / Title 3 / Section 2897-B
Penalties
Status: in_force

§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:\n  (a) sell or fraudulently obtain or furnish a nursing home\nadministrator diploma, license, record, or certificate of registration,\nor aid or abet in the same;\n  (b) practice nursing home administration under cover of a diploma,\nlicense or registration illegally or fraudulently obtained or signed or\nissued unlawfully, or under fraudulent representation or mistake of fact\nin material regard;\n  (c) practice or hold himself out as entitled to practice nursing home\nadministration without a valid license or after he shall have been\nconvicted of a felony;\n  (d) practice fraud, subterfuge or deceit, misrepresent or conceal a\nmaterial fact, use a false name or wilfully make a false statement in\nsubmitting an application for licensure or registration.\n  (e) otherwise violate any of the provisions of this article.\n  2. Such misdemeanor shall be punishable by imprisonment for not more\nthan one year or by a fine of not more than five thousand dollars, or by\nboth such fine and imprisonment for each separate violation.\n  3. A violation of this article, when reported to the department and\nduly substantiated by affidavits or other satisfactory evidence, shall\nbe investigated and, if the report is found to be true and the complaint\nsubstantiated, the board shall report such violation to the attorney\ngeneral and request prompt prosecution.\n  4. In the prosecution of any criminal action for violation of this\narticle by the attorney general or his deputy, the attorney general or\nhis deputy may exercise all the powers and perform all the duties with\nrespect to such actions or proceedings which the district attorney would\notherwise be authorized or required to exercise or perform, and in such\naction or proceeding the district attorney shall only exercise such\npowers and perform such duties as are required of him by the attorney\ngeneral or the deputy attorney general so attending.\n
N.Y. LAB Law § 279 — New York Code / Act LAB / Article 11 / Title 3 / Section 279
Fire alarm signal systems and fire drills
Status: in_force

§ 279. Fire alarm signal systems and fire drills. 1. Fire alarm signal\nsystems. Except as may otherwise be provided by the board in its rules,\nevery factory building over two stories in height in which more than\ntwenty-five persons are employed above the ground floor shall be\nequipped by the owner thereof with a fire alarm signal system having a\nsufficient number of signals clearly audible to all occupants of the\nbuilding, and so arranged as to permit the sounding of all the alarms\nwithin the building whenever the alarm is sounded in any portion\nthereof. Such system shall be maintained in good working order and no\nperson shall tamper with same or render ineffective any portion thereof\nexcept to repair it. A person discovering a fire shall cause an alarm to\nbe sounded immediately. The board of standards and appeals in the city\nof New York and elsewhere the board may make rules and regulations\nrelating to the installation of fire alarm signals and prescribing the\nnumber, character and location of the signals and the method and\ncharacter of the installation including that of all appliances in\nconnection therewith.\n  2. Fire drills. Except as may otherwise be provided by the board in\nits rules, in every factory building over two stories in height in which\nmore than twenty-five persons are employed above the ground floor, a\nfire drill shall be conducted at least once a month in which all of the\noccupants of the building shall participate simultaneously and which\nshall conduct all such occupants to a place of safety. In New York city\nthe fire commissioner and elsewhere the board shall make rules,\nregulations and special orders necessary or suitable to each situation\nand to secure the personal co-operation of all the tenants of the\nbuilding in a fire drill of all the occupants thereof. Such rules,\nregulations and orders may require the posting of the same or an\nabstract thereof and may prescribe upon whom shall rest the duty of\ncarrying them out.\n  3. Exceptions. Subdivisions one and two of this section shall not\napply to a building in which every square foot of the floor area on all\nstories is protected with an automatic sprinkler system having two\nadequate sources of water supply and approved by the public authorities\nhaving jurisdiction thereof and in which also the maximum number of\noccupants of any one floor does not exceed by more than fifty per centum\nthe capacity of the exits, as determined by subdivisions one, two, three\nand four of section two hundred and seventy-eight. If the commissioner\nafter investigation determines that the spirit of this chapter is\nobserved and public safety secured he may permit in place of the\nautomatic sprinkler system before specified an automatic sprinkler\nsystem having one adequate source of water supply and approved by the\npublic authorities having jurisdiction thereof.\n  4. The provisions of this section shall be enforced in the city of New\nYork by the fire commissioner of said city and elsewhere by the\ncommissioner.\n
N.Y. PBA Law § 1387 — New York Code / Act PBA / Article 6 / Title 3 / Section 1387
Special port development and improvement powers
Status: in_force

§ 1387. Special port development and improvement powers. 1. The\nauthority shall have power to make rules and regulations: (a) for the\ndevelopment, improvement, promotion, preservation and utilization of the\nport district and projects, including the Ogdensburg municipal airport\nand the industrial park development on lands wholly or in part acquired\npursuant to the provisions of subdivision one of section thirteen\nhundred eighty-three of this chapter; and (b) for the payment and\ncollection of fees, charges, rentals and other receipts from its\nproperties and facilities within the port district, including the\nOgdensburg municipal airport and the industrial park development, which\nfees, charges, rentals and other receipts are hereinafter referred to as\n"port revenue." Until such time as the state of New York is fully\nreimbursed by the authority for the total amount of money advanced by\nthe state to the authority no rule, regulation, schedule or rate in\nrelation to or governing port revenue shall become effective or\ncontrolling unless approved by the director of the budget of the state\nof New York.\n  2. Until such time as the state of New York is fully reimbursed for\nthe total amount of money advanced by the state to the authority all\nport revenue received by the authority shall be paid to the state\ncomptroller as agent of the authority and deposited in a separate bank\naccount or accounts to be known as the "Ogdensburg port fund." The\nmoneys in such fund shall be available subject to the approval of the\ndirector of the budget of the state of New York for the payment of any\nand all costs and expenditures incurred in relation to the acquisition\nof property, construction, equipment, maintenance, repair, operation and\nimprovement of the industrial park development, port and airport. The\nmoneys of the Ogdensburg port fund when made available shall be paid\nfrom such fund on the audit and warrant of the state comptroller on\nvouchers approved solely by the chairman of the authority or his duly\ndesignated officer.\n  3. All moneys in the Ogdensburg port fund in excess of the sum of two\nhundred thousand dollars shall on the first day of each month be paid by\nthe authority to the state comptroller provided, however, that effective\nJune thirty, nineteen hundred seventy-eight, the director of the budget\nand the authority shall establish within the provisions of a written\nagreement between the authority and the director providing for the\nrepayment to the state by the authority of state advances, the maximum\namount of moneys which the authority may retain in the Ogdensburg port\nfund. The comptroller is hereby authorized to receive from the authority\nsuch amounts as shall be paid to the comptroller pursuant to the\nprovisions of this section and to credit all such amounts to the capital\nconstruction fund. Upon certification by the state comptroller that all\nmoneys due the state have been paid in full, the remaining balance of\nsuch fund shall be available to such authority and may be used by such\nauthority for any corporate purpose. The accounts of the authority shall\nbe subject to examination by the state comptroller. The state\ncomptroller is hereby authorized and empowered to examine the accounts\nand books of the authority at such periods of time he may deem\nnecessary, including its receipts, disbursements, contracts, leases and\nany other matters relating to its financial standing and fiscal affairs.\n  4. The provisions of this section and section thirteen hundred\neighty-three shall not apply to the Waddington port district nor shall\nit apply to the acquisition, operation, utilization, management,\npromotion and improvement at Ogdensburg of the Rutland Railway\nCorporation dock terminal, facilities, appurtenances and the Rutland\nRailway Corporation right-of-way, facilities and appurtenances within\nthe port district, in the event the authority obtains a federal loan or\ngrant or a combination of both to finance the acquisition and\ndevelopment of such Rutland Railway Corporation property within the port\ndistrict, provided, however, that the state of New York be fully\nreimbursed for any advances made for these specific purposes as defined\nin this subdivision, except that such right of reimbursement shall be\nsubordinate to the rights of holders of any obligations issued by the\nauthority pursuant to the terms and conditions applicable to any such\nfederal loan or grant or combination of both.\n  5. Nothing in this section shall prevent the authority and the state\nfrom entering into an agreement for the establishment of a revolving\nfund to be used to pay part of or all of the authority's operating\nexpenses. This revolving fund shall be initially funded with moneys\nadvanced from the Ogdensburg port fund and shall be replenished from\ntime to time from such funds upon the audit and warrant of the\ncomptroller.\n
N.Y. PBH Law § 615 — New York Code / Act PBH / Article 6 / Title 3 / Section 615
State aid; form
Status: in_force

§ 615. State aid; form. The appropriations made or to be made for the\npurposes of carrying out the provisions of this article shall be\navailable, in accordance with certificates of approval issued or to be\nissued by the director of the budget, to the commissioner for the\npayment of state aid to municipalities.\n
N.Y. PBA Law § 3037 — New York Code / Act PBA / Article 10 / Title 3 / Section 3037
Payments to or purchases of obligations of the city
Status: in_force

* § 3037. Payments to or purchases of obligations of the city.  In the\nevent that the mayor from time to time certifies to the corporation an\namount required by the city to enable it (a) to pay, at maturity, the\nprincipal of and interest on any short-term obligations of the city, or\n(b) to pay for any item which is permitted by law to be included in the\ncity's capital budget for the fiscal year for which such certification\nis made, including payments to reimburse the general fund for moneys\nadvanced and expended for any such item, or (c) to make any payment in a\nfiscal year to the extent the mayor certifies such payment will have the\neffect of reducing from the then existing level the city's requirements\nfor an advance by the state, during such fiscal year or the succeeding\nfiscal year, of state assistance moneys payable to the city, or (d) to\nmeet its seasonal borrowing requirements for the fiscal year in which\nsuch certification is made, or (e) to pay operating expenses of the city\nother than those included in subparagraph (b), (c) or (d) hereof, the\ncorporation may (i) pay to the city, or (ii) purchase from the city\nobligations hereafter issued by the city in an amount equivalent to,\npart or all of such certified amount. Moneys paid to the city pursuant\nto clause (i) or (ii) of this section shall be held in trust for the\npayment of short-term obligations or shall be used to make the payment\nfor which such moneys have been so certified.  Any obligations issued by\nthe city and purchased by the corporation pursuant to this section in\nconsideration of the payments made to the city pursuant to subparagraph\n(a) or (e) hereof shall mature on a date not later than fifteen years\nfrom the original date of issue of such obligations. The corporation\nshall not make any payment to the city, or purchase any obligations from\nthe city, pursuant to this section unless the city shall have agreed to\nobserve the conditions set forth in section three thousand thirty-eight\nof this chapter, subject to such modifications as are permitted\nthereunder. The outstanding amounts paid to the city for operating\nexpenses which are described in subparagraph (e) hereof pursuant to\nclause (i) and clause (ii) of this section shall not exceed two billion\ndollars, provided that not more than nine hundred million dollars shall\nbe obligations maturing in a fiscal year succeeding the fiscal year in\nwhich issued (of which not less than seven hundred fifty million dollars\nshall be applied for welfare or public education purposes, as to which\nstate assistance payments have been or will be advanced to the city) and\nshall be evidenced by city obligations, and any balance shall be short\nterm obligations payable in the fiscal year in which issued.\n  The outstanding amounts paid to the city for a purpose set forth in\nsubparagraph (b) hereof, other than to pay for expense items permitted\nto be included in the capital budget of the city pursuant to subdivision\nfive of section three thousand thirty-eight of this article, shall be\nevidenced by city bonds. Nothing herein shall be construed to prevent\nthe corporation from acquiring from the city obligations issued by the\ncity pursuant to the local finance law which evidence amounts paid to\nthe city by the corporation for other purposes.\n  Nothing contained in this article shall be deemed to create an object\nor purpose or to establish or extend a period for which a city bond may\nbe issued pursuant to the local finance law, or to create authority for\nthe city to issue a bond payable from a tax on real estate levied\noutside the limit imposed by the state constitution on the amount to be\nraised by tax on real estate for local purposes other than debt service,\nor to modify, amend, repeal, or rescind any other provision of the local\nfinance law governing the issuance by the city of its bonds or the\npayment of principal and interest thereon.\n  At all times after receipt of short-term obligations, other than bond\nanticipation notes, of the city acquired pursuant to this section, the\ncorporation shall have the same rights and powers with respect to such\nshort-term obligations as the corporation shall have with respect to\nshort-term obligations, other than bond anticipation notes, of the city\nreceived pursuant to subdivision one of section three thousand\nthirty-five of this article. The corporation shall have the same rights\nand powers with respect to bond anticipation notes and bonds so received\nas the corporation shall have with respect to bond anticipation notes\nreceived pursuant to subdivision one of section three thousand\nthirty-five; provided that the corporation shall not deliver any bond\nreceived pursuant to this section for cancellation unless the city pays\nthe principal amount and accrued interest thereon or pays accrued\ninterest and exchanges such bond for another bond of the city in equal\nprincipal amounts in refunding thereof, and provided further that the\ncorporation may not sell or transfer to any person other than the city\nany bond of the city acquired by it pursuant to this section unless the\nmayor and the city comptroller have requested in writing that the\ncorporation sell or transfer such bond and, if such bond be sold or\ntransferred at private sale, unless the terms of such sale have been\napproved by the city comptroller.\n  For purposes of this section, the term "seasonal borrowing\nrequirements" means amounts which are required by the city to enable it\nto pay current operating expenses, provided such expenses are included\nin an expense budget of the city balanced in accordance with the\nprovisions of section three thousand thirty-eight of this title and such\namounts are required solely because the city's revenues and\nexpenditures, even when in balance on an annual basis, are not received\nand disbursed at equivalent rates throughout the year.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. ENV Law § 49-0309 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0309
Scope of this title
Status: in_force

§ 49-0309. Scope of this title.\n  This title shall not affect any interests or rights in real property\nwhich are not conservation easements, and shall not affect the rights of\nowners to convey any interests in real property which they could now\ncreate under existing law without reference to the terms of this title.\nNothing in this title shall diminish the powers granted by any other law\nto acquire interests or rights in real property by purchase, gift,\neminent domain or otherwise and to use the same for public purposes.\nNothing in this title shall be construed to alter the authority\notherwise available to any public body to acquire conservation easements\nfor the purposes of section 49-0301 of this title by eminent domain.\n
N.Y. PBA Law § 154 — New York Code / Act PBA / Article 2 / Title 3 / Section 154
Towns of Hempstead, Babylon and Islip may convey land
Status: in_force

* § 154. Towns of Hempstead, Babylon and Islip may convey land.\nNotwithstanding the provisions of any other law, the town boards of the\ntowns of Hempstead, Babylon and Islip without the submission of a\nproposition to the people of the towns and without town meetings or any\nother authorization are hereby authorized respectively to convey to the\nstate any land and lands under water owned by said towns, respectively,\nfor the purposes of this title. Said town boards are authorized,\nrespectively, to permit the temporary use of town lands which may be\nconvenient for construction undertaken by the authority and to permit\nthe use of fill dredged from town lands under water.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBA Law § 1390 — New York Code / Act PBA / Article 6 / Title 3 / Section 1390
Remedies of bondholders
Status: in_force

§ 1390. 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\nof twenty-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 St. Lawrence and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purposes herein\nprovided.\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 mandamus or other suit, action or proceeding at law or in\nequity enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its 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 St.\nLawrence.\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 revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercising 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. GOB Law § 5-331 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy
Status: in_force

§ 5-331. Certain covenants and restrictions in conveyances and other\nagreements affecting real property void as against public policy. Any\npromise, covenant or restriction in a contract, mortgage, lease, deed or\nconveyance or in any other agreement affecting real property, heretofore\nor hereafter made or entered into, which limits, restrains, prohibits or\notherwise provides against the sale, grant, gift, transfer, assignment,\nconveyance, ownership, lease, rental, use or occupancy of real property\nto or by any person because of race, creed, color, national origin, or\nancestry, is hereby declared to be void as against public policy, wholly\nunenforceable, and shall not constitute a defense in any action, suit or\nproceeding. No such promise, covenant or restriction shall be listed as\na valid provision affecting such property in public notices concerning\nsuch property. The invalidity of any such promise, covenant or\nrestriction in any such instrument or agreement shall not affect the\nvalidity of any other provision therein, but no reverter shall occur, no\npossessory estate shall result, nor any right of entry or right to a\npenalty or forfeiture shall accrue by reason of the disregard of such\npromise, covenant or restriction. This section shall not apply to\nconveyances or devises to religious associations or corporations for\nreligious purposes, but, such promise, covenant or restriction shall\ncease to be enforceable and shall otherwise become subject to the\nprovisions of this section when the real property affected shall cease\nto be used for such purpose.\n
N.Y. LFN Law § 39.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 39.00
Tax anticipation note resolution, revenue anticipation note resolution and urban renewal note resolution; form and contents
Status: in_force

§ 39.00 Tax anticipation note resolution, revenue anticipation note\nresolution and urban renewal note resolution; form and contents. a.\nWhenever the finance board shall authorize the issuance of tax\nanticipation notes, revenue anticipation notes or urban renewal notes,\nor the renewal of such notes, it shall do so by a "tax anticipation note\nresolution", "a revenue anticipation note resolution" or an "urban\nrenewal note resolution", as the case may be. Each such resolution shall\nbe properly dated and shall bear a title which will indicate the type of\nnote to which it relates. Whenever any such note has been duly\nauthorized by a chief fiscal officer the certificate required to be\nfiled by such officer pursuant to section 30.00 of this chapter shall\nbear a title which will indicate the type of note to which it relates.\n  b. A tax anticipation note resolution, revenue anticipation note\nresolution or an urban renewal note resolution shall contain, in\nsubstance, the following provisions:\n  1. A statement that such notes are issued in anticipation of:\n  (a) The collection of real estate taxes or assessments, in the case of\ntax anticipation notes;\n  (b) The collection of revenues other than real estate taxes or\nassessments, in the case of revenue anticipation notes; or\n  (c) The receipt of moneys from (1) the sale of real property, or any\ninterest therein, acquired for or incidental to an urban renewal\nproject; or (2) from the United States government pursuant to title one\nof the federal housing act of nineteen hundred forty-nine, as amended;\nor (3) from the state of New York pursuant to the general municipal law;\nor from any or all such sources, in the case of urban renewal notes.\n  2. (a) In the case of tax anticipation notes:\n  (1) If such taxes or assessments were levied or are to be levied for a\nfiscal year, a statement of the fiscal year for which such taxes or\nassessments were levied or are to be levied, or\n  (2) If such notes are to be issued in anticipation of the collection\nof assessments levied for a capital improvement and to be collected in a\nsingle installment, and, if such assessments have been levied, a\nstatement of the date of the levy of such assessments, or\n  (3) If such notes are to be issued in anticipation of the collection\nof an installment of assessments which are levied for a capital\nimprovement and which are to be collected in several installments, and,\nif such installment of assessments has been levied, a statement of the\ndate on which such installment is due and payable.\n  (b) In the case of revenue anticipation notes, a statement of the\nfiscal year in which such revenues are due and payable.\n  3. (a) In the case of tax anticipation notes, if such taxes or\nassessments have been levied, a statement of the amount of such taxes or\nassessments remaining uncollected against which such notes are\nauthorized to be issued.\n  (b) In the case of revenue anticipation notes, a statement of the\namount of uncollected revenues against which such notes are authorized\nto be issued.\n  (c) In the case of urban renewal notes, a statement of (1) the total\nestimated cost of the urban renewal project as stated in the certificate\nof the chief fiscal officer of the municipality filed and approved in\nthe manner prescribed in paragraph d of section 25.10 of this chapter;\n(2) the total amount of any and all advances, loans and grants made by\nthe United States government or by the state of New York in aid of such\nproject to the municipality prior to and including the date of the\nissuance of any such note or notes; (3) the amount of any and all local\ngrants-in-aid made or to be made for such project; and (4) the total\namount of such notes outstanding for such project.\n  4. In the case of urban renewal notes, a statement identifying the\nparticular urban renewal project with respect to which such notes are to\nbe issued.\n  5. A statement of the amount of such notes to be issued.\n  6. A statement of the period of maturity on such notes.\n  7. (a) In the case of tax anticipation notes issued in anticipation of\nthe collection of taxes or assessments which have been levied, or the\nrenewals thereof, a statement that the date of maturity of such notes\nshall not extend beyond the close of the applicable period provided in\nsection 24.00 of this chapter for the maturity of such notes.\n  (b) In the case of revenue anticipation notes, if such notes are to be\nissued in renewal of similar notes, a statement that the date of\nmaturity of such notes shall not extend beyond the expiration of the\nsecond fiscal year succeeding the fiscal year in which such original\nnotes were issued.\n  (c) In the case of urban renewal notes, a statement whether such notes\nare renewal notes and, if they are, the date of issuance of the original\nnotes.\n
N.Y. MDW Law § 79 — New York Code / Act MDW / Article 3 / Title 3 / Section 79
Heating
Status: in_force

§ 79. Heating. 1. Every multiple dwelling exceeding two stories in\nheight and erected after April eighteenth, nineteen hundred twenty-nine,\nand every garden-type maisonette dwelling project erected after April\neighteenth, nineteen hundred fifty-four, shall be provided with heat. On\nand after November first, nineteen hundred fifty-nine, every multiple\ndwelling shall be provided with heat or the equipment or facilities\ntherefor.  During the months between October first and May thirty-first,\nsuch heat and the equipment or facilities shall be sufficient to\nmaintain the minimum temperatures required by local law, ordinance, rule\nor regulation, in all portions of the dwelling used or occupied for\nliving purposes provided, however, that such minimum temperatures shall\nbe as follows:  (a) sixty-eight degrees Fahrenheit during the hours\nbetween six o'clock in the morning and ten o'clock in the evening,\nwhenever the outdoor temperature falls below fifty-five degrees\nFahrenheit, notwithstanding the provisions of paragraph a of subdivision\nfour of section three of this chapter, and (b) at least fifty-five\ndegrees Fahrenheit during the hours between ten o'clock in the evening\nand six o'clock in the morning, whenever the outdoor temperature falls\nbelow forty degrees Fahrenheit. Nothing in this section shall be deemed\nto relieve any owner of the duty of providing centrally supplied or\nother approved source of heat prior to November first, nineteen hundred\nfifty-nine in any case where such heat is required by this chapter or\nany other law, ordinance, rule or regulation to be supplied in a\ndwelling prior to said date. The heating system in dwellings used for\nsingle room occupancy shall be in conformity with the requirements of\nsection two hundred forty-eight.\n  2. The provisions of subdivision one shall not apply to any dwelling\n(a) which is located in a resort community and is rented or occupied on\na seasonal basis between April fifteenth and October fourteenth during\nany calendar year and is not occupied for living purposes during the\nremainder of such year, except that occupancy of any such dwelling by\nthe family of a caretaker thereof or by the family of the owner thereof\nduring the remainder of the year shall be permitted; or (b) which the\ndepartment of city planning certifies is in an area to be acquired for a\npublic improvement or for development or redevelopment and for which (1)\na request for acquisition has been submitted to the mayor by a public\nagency or (2) a plan for a development or redevelopment project has\nreceived preliminary or first approval of the city planning commission;\nor (c) for which a demolition permit has been or shall be issued by the\nmunicipality pursuant to local law or ordinance.\n  3. The exemption provided in subdivisions two (b) and two (c) of this\nsection shall be valid for a period of six months after the date of the\napproval of the slum clearance or urban renewal plan or the date of such\ncertification or the date of the issuance of the demolition permit, as\nthe case may be, but such exemption may be extended from time to time by\nthe department provided, however, that such exemption shall not extend\nbeyond November first, nineteen hundred sixty-one.\n
N.Y. PBA Law § 3960 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3960
Additional provisions
Status: in_force

§ 3960. Additional provisions. 1. Notwithstanding any provision to the\ncontrary in title six-A of article two of the local finance law, neither\nthe county nor any covered organization shall file any petition\nauthorized by such title six-A without the approval of the authority and\nthe state comptroller. No such petition shall be filed as long as any\nbonds, notes or other obligations issued by the authority remain\noutstanding. Failure of the authority or the state comptroller to notify\nthe county or a covered organization within thirty days (or such\nadditional time, not exceeding thirty days, as the authority or state\ncomptroller shall have notified the county or covered organization that\nit requires to complete its review) after submission to it of a petition\nshall be deemed to constitute authority or state comptroller approval\nthereof.\n  2. Nothing contained in this title shall limit the right of the county\nor any covered organization to comply with the provisions of any\nexisting contract within or for the benefit of the holders of any bonds,\nnotes or other obligations of the county or such covered organization.\n  3. Nothing contained in this title shall be construed to limit the\npower of the county or a covered organization to determine, from time to\ntime, within available funds for the county or for such covered\norganization, the purposes for which expenditures are to be made by the\ncounty or such covered organization and the amounts of such\nexpenditures, consistent with the aggregate expenditures then permitted\nunder the financial plan for the county or such covered organization.\n  4. The authority's fiscal year shall be January first through December\nthirty-first.\n  5. The authority shall adopt guidelines for procurement contracts in\naccordance with section twenty-eight hundred seventy-nine of this\nchapter.\n  6. Nothing contained in this title shall alter, limit, modify or\nimpair the right of any school district or any city, town, or village\nwithin the county to receive from the county net collections, as\nauthorized by section twelve hundred sixty-two of the tax law, from the\ncounty's sales and compensating use taxes imposed pursuant to the\nauthority of subpart B of part one of article twenty-nine of the tax\nlaw.\n
N.Y. RPT Law § 955 — New York Code / Act RPT / Article 9 / Title 3-A / Section 955
Payments by mortgage investing institutions; receipts
Status: in_force

§ 955. Payments by mortgage investing institutions; receipts. 1. A\nmortgage investing institution which receives moneys from a mortgagor\nfor deposit into a real property tax escrow account shall be liable to\nsuch mortgagor, upon failure to pay such taxes, for the amount of the\ntaxes plus penalties and interest imposed thereon.\n  2. A mortgage investing institution may pay the taxes due on more than\none parcel by a single instrument, provided the instrument is\naccompanied by a detailed list of the specific parcels to which the\ninstrument is to be applied, each parcel identification number and the\namount of tax to be paid with respect to each parcel. If the face value\nof the instrument is at least equal to the total intended payment as\nindicated by such list, but the total intended payment does not equal\nthe total amount of taxes actually due on the parcels on the list, the\ncollecting officer shall accept the instrument and record as paid the\ntaxes due on each parcel for which the amount offered as set forth in\nsuch list is at least equal to the amount due on such parcel. The lien\non each remaining parcel on such list shall not be discharged or\ndiminished by the acceptance of such instrument. The collecting officer\nshall forthwith advise the mortgage investing institution or its agent\nthat the taxes on the remaining parcels remain unpaid, and shall\nidentify the parcels on the list upon which taxes remain unpaid. The\namount of the tender which has not been applied to the payment of taxes\nshall be either retained to be applied toward tax payments or refunded.\n  3. No later than three weeks after a tax has been paid by a mortgage\ninvesting institution pursuant to this title, the collecting officer\nshall deliver, mail, or, subject to the provisions of section one\nhundred four of this chapter, transmit electronically a receipt to the\nmortgagor for whom the real property tax escrow account is maintained.\nEach such receipt shall be in the same format as a statement of taxes,\nexcept that the word "Paid" (or an equivalent word or words) and the\ndate of payment shall be clearly displayed thereon. The receipt may also\ndisplay, if the collecting officer so elects, the name, title and\nsignature (or initials) of the collecting officer or of the authorized\nsubordinate who received the payment.\n  4. Notwithstanding the provisions of any other law to the contrary,\nand except in a school district, if a mortgage investing institution has\nfailed to pay the taxes of its mortgagor by the date the warrant of the\ncollecting officer expires, the collecting officer shall provide the\nname of such mortgage investing institution with the return of\ndelinquent taxes delivered to the public official charged by law with\nthe duty of enforcing the collecting of delinquent real property taxes.\nThereafter, whenever such officer publishes a notice pertaining to the\nenforcement of delinquent taxes against a parcel listed on such return,\nand the name of the mortgagor is included therein, the name of the\nmortgage investing institution shall also be included.\n
N.Y. PBA Law § 1385 — New York Code / Act PBA / Article 6 / Title 3 / Section 1385
Contracts; manner of letting
Status: in_force

§ 1385. Contracts; manner of letting. Where the expense of the\nconstruction of a project, of a part thereof, or an addition, betterment\nor extension to the port facilities, or the purchase of materials,\nsupplies and equipment involves an expense exceeding two thousand\ndollars, the authority shall advertise for bids and shall award the\ncontract to the lowest responsible bidder fully complying with the plans\nand specifications. Such advertisement shall be published once, not less\nthan one week prior to the date fixed for the opening of bids, in one\nnewspaper having a general circulation in the city of Ogdensburg. The\nauthority may make rules and regulations for the submission of bids and\naward of contract thereon and may provide in such rules and regulations\nthat no performance, bond or undertaking need be furnished by the\ncontractor for the purchase of materials, supplies and equipment in an\namount not exceeding two thousand dollars.  No contract shall be entered\ninto for the construction of a project, or part thereof, or for an\naddition, betterment or extension to the facilities or for the purchase\nof materials, supplies and equipment in an amount exceeding two thousand\ndollars unless the contractor shall give an undertaking with a\nsufficient surety or sureties approved by the authority and in the\namount fixed by the authority for the faithful performance of the\ncontract. As to a contract entered into for the construction, the\nundertaking shall provide, among other things, that the person or\ncorporation entering into such a contract will pay for all materials\nfurnished and services rendered in the performance of the contract and\nthat a person or corporation furnishing such materials or rendering such\nservices may maintain an action to recover for the same against the\nobligor in the undertaking as though such person or corporation were\nnamed therein, provided the action is brought within one year after the\ntime the cause of action accrued. In case of public emergency involving\naccident or other damage by which the port facilities, or any part\nthereof, shall become disabled, the authority may cause all necessary\nrepairs thereto to be made without advertisement, bidding and the\nletting of a formal contract therefor.\n
N.Y. LFN Law § 41.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 41.00
Repeal of unexpended authorizations
Status: in_force

§ 41.00 Repeal of unexpended authorizations. a. The finance board of:\n  1. Any municipality may at any time, by resolution, repeal or revoke\nin whole or in part (a) any resolution heretofore or hereafter adopted\nauthorizing the issuance of obligations, and (b) any certificate of a\nchief fiscal officer authorizing the issuance of obligations, dated on\nor after the effective date of this chapter, or\n  2. Any school district may, by resolution, repeal or revoke in whole\nor in part (a) any resolution heretofore or hereafter adopted\nauthorizing the issuance of obligations, at any time after four years\nhave elapsed from the date of the adoption of any such resolution, and\n(b) any certificate of a chief fiscal officer authorizing the issuance\nof obligations, dated on or after the effective date of this chapter, at\nany time after four years have elapsed from the date of any such\ncertificate, or\n  3. Any district corporation may at any time, by resolution, repeal or\nrevoke in whole or in part (a) any resolution heretofore or hereafter\nadopted authorizing the issuance of obligations, and (b) any certificate\nof a chief fiscal officer authorizing the issuance of obligations, dated\non or after the effective date of this chapter,\nexcept to the extent that any indebtedness shall already have been\ncontracted or encumbrances made thereunder for the object or purpose for\nwhich such resolution or certificate authorizes the issuance of\nobligations, whether or not the voting of a special tax or a tax to be\ncollected in installments or the approval of a proposition for the\nexpenditure of money, at a regular or special election or meeting, was a\ncondition precedent to the adoption of such resolution or such\nresolution subsequent to the adoption thereof was submitted and approved\nat a regular or special election or meeting.\n  b. Any resolution heretofore or hereafter adopted authorizing the\nissuance of obligations, or any certificate of a chief fiscal officer\nauthorizing the issuance of obligations, dated on or after the effective\ndate of this chapter, unless repealed or revoked at a prior date in the\nmanner provided in paragraph a of this section, shall be deemed to be\nrepealed ten years after the date it becomes effective, except to the\nextent that any indebtedness shall already have been contracted or\nencumbrances made thereunder for the object or purpose for which such\nresolution or certificate authorizes the issuance of obligations.\n
N.Y. ELN Law § 5-302 — New York Code / Act ELN / Article 5 / Title 3 / Section 5-302
Enrollment; completion
Status: in_force

§ 5-302. Enrollment; completion. 1. Before placing the registration\npoll record in the poll ledger or in the computer generated registration\nlist, the board shall enter in the space provided therefor the name of\nthe party designated by the voter on his application form, provided such\nparty continues to be a party as defined in this law. If such party\nceases to be a party at any time, either before or after such enrollment\nis so entered, the enrollment of such voter shall be deemed to be blank\nand shall be entered as such until such voter files an application for\nchange of enrollment pursuant to the provisions of this chapter. The\nboard shall enter the date of such entry and affix initials thereto in\nthe space provided.\n  2. If the application form is for a voter who has changed his\nenrollment or a voter who has previously registered and not enrolled,\nthen the board of elections shall compare the information and the\nsignature appearing on each application form received with that on the\nregistration poll record of the applicant and if found to correspond in\nall particulars shall, not earlier than the Tuesday following the next\ngeneral election and not later than the thirtieth day preceding the last\nday for publishing enrollment lists, proceed in the manner specified in\nsubdivision one hereof to enter such enrollment on such voter's\nregistration poll card.\n  3. If marks are found in more than one of the boxes or circles or if\nno marks are found in any of the boxes or circles of any application\nform, the voter who used the application form shall be deemed not to be\nenrolled, and the words blank or void shall be entered in the space\nreserved on his registration poll record for the name of a political\nparty or in the computer files from which the computer generated\nregistration lists are prepared. However if such application form sets\nforth the address of prior registration and such prior registration had\nnot been previously cancelled, the party enrollment, if any, which is\npart of such prior registration shall be entered in such space on such\nregistration poll record or in such computer files.\n  4. Registration poll records of voters whose registrations are not\nrejected by the board of elections shall forthwith be placed in the poll\nledger or such voters' names shall forthwith be entered in the computer\nfiles from which the computer generated registration lists are prepared,\nexcept that the registration poll record of an otherwise qualified voter\nwho registers after the tenth day before a primary election shall not be\nplaced in such poll ledger or such voters' names shall not appear on\nsuch a computer generated registration list until after such primary and\nexcept further that the registration poll record of a voter whose\nprevious registration was cancelled pursuant to the provisions of this\nchapter after the previous general election and who registers pursuant\nto the provisions of this chapter after such cancellation shall not be\nplaced in such poll ledger or such voters' names shall not appear on\nsuch a computer generated registration list until after the fall primary\nelection, unless such voter has enrolled with the same party as the\nenrollment on the registration which was so cancelled.\n  The registration poll record of a voter who is not eligible to vote in\na primary election but who is eligible to vote in a special election\nheld before such primary election shall be placed in its regular place\nin the poll ledger or in a special section of such poll ledger for such\nspecial election as the board of elections, in its discretion, shall\nprovide, or such name shall appear in its regular place on the computer\ngenerated registration list prepared for use in such special election.\nSuch poll record shall be removed from such poll ledger or computer\ngenerated registration list immediately after such special election.\n  5. During the period preceding the ensuing primary election, the board\nof elections shall maintain as a public record a list of all enrollments\nentered, transferred or corrected, and not contained in the last\npublished enrollment list. Such supplemental enrollment list shall\ncontain the same information and shall be distributed in the same manner\nas the original enrollment list not later than the tenth day before the\nprimary election.\n
N.Y. RPT Law § 953 — New York Code / Act RPT / Article 9 / Title 3-A / Section 953
Duties and responsibilities of mortgage investing institutions
Status: in_force

§ 953. Duties and responsibilities of mortgage investing institutions.\n1. Every mortgage investing institution shall make all payments for\ntaxes for which they hold real property tax escrow accounts, in a timely\nmanner.\n  2. Every mortgage investing institution subject to the provisions of\nsection fourteen-b of the banking law shall pay at least the minimum\nrate of interest on each real property tax escrow account as prescribed\ntherein except that any such mortgage investing institution shall not be\nrequired to pay such minimum rate of interest on real property tax\nescrow accounts established for non-mortgagors.\n  3. Every mortgage investing institution shall deposit funds from a\nreal property tax escrow account of a mortgagor in a banking institution\nwhose deposits are insured by a federal agency or a licensed branch of a\nforeign banking corporation whose deposits are insured by a federal\nagency. Notwithstanding the foregoing provisions of this subdivision,\nthe superintendent of financial services shall have the power to exempt\nfrom the requirements of this subdivision any banking organization which\ndoes not receive deposits or share accounts from the general public.\n  4. No mortgage investing institution shall impose a service charge or\nany other fee in connection with the maintenance of a real property tax\nescrow account nor, as provided in section two hundred fifty-four-d of\nthe real property law, shall a fee be imposed for direct payment of real\nproperty taxes.\n  5. A mortgage investing institution may debit a mortgagor's real\nproperty tax escrow account for payments of taxes only if actual payment\nfor such taxes is made within twenty-one days after such debit.\n  6. Every mortgage investing institution shall, at least annually and\nwithout charge to the mortgagor, provide to the mortgagor an analysis of\nthe real property tax escrow account of the mortgagor. Such analysis\nshall contain, for the twelve month period covered by the analysis, at\nleast: (i) interest earned; (ii) the amount of taxes paid from the real\nproperty tax escrow account; and (iii) the account balance as of the\nbeginning of the period the analysis covers and the ending account\nbalance as of a specified date within forty-five days preceding the date\nof the analysis. In addition, the mortgage investing institution shall,\nupon request by the mortgagor, provide to the mortgagor without charge\nthe date or dates of the payment of taxes from such real property tax\nescrow account. The information required by this subdivision may be\nprovided in notices otherwise required by federal or state law,\nregulation or rule to be sent on at least an annual basis to the\nmortgagor. The analysis shall also contain the following information in\nat least eight point bold face type in substantially the following\nlanguage:\n  (a) that the mortgage investing institution is obligated to make all\npayments for taxes for which the real property tax escrow account is\nmaintained and that if any such payments are not timely, the mortgage\ninvesting institution is responsible for making such payments including\nany penalties and interest;\n  (b) that the mortgagor is obligated to pay one-twelfth of the taxes\neach month to the mortgage investing institution which is deposited into\nthe real property tax escrow account, unless there is a deficiency or\nsurplus in the account, in which case a greater or lesser amount may be\nrequired;\n  (c) if the mortgage investing institution is subject to the provisions\nof subdivision three of this section, that the mortgage investing\ninstitution must deposit the escrow payments made by the mortgagor in a\nbanking institution or a licensed branch of a foreign banking\ncorporation whose deposits are insured by a federal agency; and\n  (d) that the mortgage investing institution cannot impose any fees\nrelating to the maintenance of the real property tax escrow account.\n  6-a. Every mortgage investing institution shall upon the request of a\nborrower who has been notified of the granting of an exemption pursuant\nto section four hundred twenty-five of this chapter to review the\nexpected real property tax liability which is assessable against a\nproperty which is a one, two or three family dwelling and which is the\nprimary residence of the borrower. In any case, where as the result of\nthe granting of such exemption an overage in the escrow shall exist, the\nowner shall be entitled to a proportionate reduction in the amount such\nmortgage investing institution is authorized to collect and deposit on a\nmonthly basis into an escrow account to insure the payment of real\nproperty taxes. This review shall be considered maintenance of a real\nproperty tax escrow account.\n  7. Every mortgage investing institution shall provide written notice\nto a mortgagor no later than ten business days after the transfer to\nanother mortgage investing institution of the right to receive all\npayments from the mortgagor, including payments made into the real\nproperty tax escrow account, which notice shall include the name,\naddress and telephone number of the mortgage investing institution to\nwhich such rights have been transferred. Upon request by the mortgagor,\nthe mortgage investing institution shall advise the mortgagor of the\namount of money in such account as of the date of such transfer. Every\nmortgage investing institution shall remain fully liable to pay any\ntaxes which are due and payable prior to the date of such transfer, and\nthe mortgage investing institution to which such rights have been\ntransferred shall be liable to pay any taxes which are due and payable\nafter the date of such transfer, unless otherwise agreed among the\nparties to the transfer.\n  8. Every mortgage investing institution shall, no later than\ntwenty-one days after the final payment of the mortgage loan, where the\nmortgagor retains ownership of the property, send to the mortgagor a\nwritten statement that shall include, but not be limited to the\nfollowing information: (a) that the real property tax escrow account has\nbeen or will be terminated (whichever is applicable); and (b) that\nunless the mortgagor establishes a new real property tax escrow account\nwith a mortgage investing institution, the mortgagor will be obliged to\npay to the appropriate collecting officers taxes becoming due\nthereafter. The written notice shall also set forth the effective date\nof the termination and shall provide the name, address and telephone\nnumber of each collecting officer or office and advise the mortgagor to\ncontact such officer or office for tax billing information.\n  8-a. Any mortgage investing institution which does not comply with the\nprovisions of subdivision eight of this section shall be financially\nresponsible for interest or penalties charged a former mortgagor of such\ninstitution by a taxing municipality, county, and/or delinquent tax\nenforcement agency for non-payment or late payment of real property\ntaxes in the first taxable year following satisfaction of the mortgage\nheld by such institution.\n  9. Every mortgage investing institution shall, no later than the\ntwenty-fifth day of each month, report to the county director of real\nproperty tax services, or the commissioner of finance for property\nlocated in the city of New York, on a form prescribed or approved by the\ncommissioner, the creation of a real property tax escrow account, or any\nchange of a tax billing address required by a transfer or termination of\na real property tax escrow account pursuant to subdivisions seven and\neight of this section, occurring during the prior month with respect to\nreal property located in such county or city, as the case may be. The\ncounty director or the commissioner of finance of the city of New York\nshall thereupon furnish a copy of such report to the person or persons\nhaving custody and control of the appropriate assessment roll, tax roll\nor data file, as defined in section fifteen hundred eighty-one of this\nchapter, and such person or persons are hereby authorized and directed\nupon receipt of such report to enter the appropriate tax billing address\non such assessment roll, tax roll or data file.\n
N.Y. GOB Law § 3-311 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-311
Marriage relationship not to affect construction of instruments and transactions involving personal property
Status: in_force

§ 3-311. Marriage relationship not to affect construction of\ninstruments and transactions involving personal property.  1. Where an\ninstrument or transaction creating or transferring an interest in\npersonal property would create a joint tenancy or a tenancy in common in\npersons not husband and wife, it shall create a joint tenancy or a\ntenancy in common, as the case may be, in persons who are husband and\nwife.\n  2. An instrument or transaction which does not create a right of\nsurvivorship in personal property between persons who are not husband\nand wife shall not create a right of survivorship in personal property\nbetween persons who are husband and wife.\n  3. This section applies without regard to the identity of the person\nwho makes the transfer or at whose instance it is had, or from whom the\nconsideration for the instrument or transaction proceeds.\n
N.Y. ENV Law § 13-0301 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0301
Lease of state-owned underwater lands for shellfish cultivation
Status: in_force

§ 13-0301. Lease of state-owned underwater lands for shellfish\n             cultivation.\n  1. Leases. a. Except as provided in paragraph b of this subdivision,\nthe department may lease state-owned underwater lands within the marine\nand coastal district for the cultivation of shellfish. The written\napproval of the office of general services shall be obtained for the\nlease of land within five hundred feet of the high water mark.\n  b. The following lands underwater shall not be leased: (i) lands where\nthere is an indicated presence of shellfish in sufficient quantity and\nquality and so located as to support significant hand raking or tonging\nharvesting; (ii) lands where the leasing will result in a significant\nreduction to established commercial finfish or crustacean fisheries;\n(iii) lands where bay scallops are produced regularly on a commercial\nbasis; and (iv) lands underwater of Gardiner's and Peconic bays and the\ntributaries thereof between the westerly shore of Great Peconic bay and\nan easterly line running from the most easterly point of Plum Island to\nGoff point at the entrance of Napeaque harbor.\n  2. Regulations. a. Regulations adopted by the department for the\nimplementation and administration of this section shall include\nregulations with respect to leasing forms and procedures; public notice\nof leasing; execution of leases; minimum rental fees; bidding\nprocedures; posting and forfeiture of financial security, renewals,\ntermination and assignment of leases; marking and testing of grounds;\nmaintenance of boundary markers; collection of rental and recording\nfees; submission and approval of cultivation plans; harvesting gear;\nacreage of lands to be let and term of leases and other matters\npertinent to underwater land use and shellfish cultivation.\n  b. Regulations adopted by the department for the implementation and\nadministration of this section shall include the following requirements:\n(i) leases shall be awarded after public auction following due notice;\n(ii) leases shall be awarded to the highest responsible bidder; (iii)\nbidders shall provide a detailed cultivation plan; and (iv) cultivation\nof shellfish shall commence within one year of the award of the lease.\n  3. Summary proceedings. Upon failure to pay the rental on any date due\nunder the terms of the lease or upon revocation, the department may,\nafter written notice to the lessee, declare the lease cancelled as of\nthe date set forth in such notice, and may immediately thereafter evict\nthe lessee from such lands. The provisions of article seven of the real\nproperty actions and proceedings law shall apply and govern the\nprocedure in such cases.\n  4. Limitations. The commissioner of general services shall not grant\nor lease lands for shellfish cultivation. The public shall not be\nexcluded from the taking of shellfish from underwater lands granted or\nleased by such commissioner for other purposes; provided, however, that\nshould any grant or lease made by such commissioner for such other\npurposes include lands leased by the department for shellfish\ncultivation the lessee for shellfish cultivation shall have the\nexclusive right to use and take shellfish from such leased lands for a\nperiod of two years from the date of the grant or lease by such\ncommissioner or until the expiration of the shellfish cultivation lease,\nwhichever is the earliest, and may prior to the expiration of such\nperiod, remove and transplant the shellfish from such lands to other\nlands leased, owned or controlled by such lessee.\n
N.Y. PBA Law § 1470-E — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-E
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

* § 1470-e. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by resolution or resolutions of the common council or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, to the authority real and personal property owned by the\ncity for use by the authority as a project or projects or a part\nthereof. In case of real property so conveyed, the title thereto shall\nremain in the city but the authority shall have the use and occupancy\nthereof for so long as its corporate existence shall continue. In the\ncase of personal property so conveyed, the title shall pass to the\nauthority.\n  2. The city may acquire by purchase or condemnation real property in\nthe name of the city for any of the projects or for the widening of\nexisting roads, streets, parkways, avenues or highways or for new roads,\nstreets, parkways, avenues or highways to any of the projects, or partly\nfor such purposes and partly for other city purposes, by purchase or\ncondemnation in the manner provided by law for the acquisition of real\nproperty by the city. The city may close such streets, roads, parkways,\navenues, or highways as may be necessary or convenient.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, parkways, avenues, and highways to be closed by the city\nand the amounts, terms and conditions of payment to be made by the\nauthority. Such contracts may also contain covenants by the city as to\nthe road, street, parkway, avenue and highway improvements to be made by\nthe city. Any such contracts between the city and the authority may be\npledged by the authority to secure its bonds and may not be modified\nthereafter except as provided by the terms of the pledge. The authority\nmay authorize such contracts between the city and the authority and no\nother authorization on the part of the city for such contracts shall be\nnecessary. Any such contracts may be so authorized and entered into by\nthe city and in such manner as the authority may determine, and the\npayments required to be made by the city may be made and financed\nnotwithstanding that no provision therefor shall have first been made in\nthe capital budget of the city. All contractual or other obligations of\nthe city incurred in carrying out the provisions of this title shall be\nincluded in and provided for by each capital budget of the city\nthereafter made, if and to the extent that they may appropriately be\nincluded therein.\n  4. The authority may itself acquire real property for a project in the\nname of the city at the cost and expense of the authority by purchase or\ncondemnation pursuant to the condemnation law or pursuant to the laws\nrelating to the condemnation of land by the city. The authority shall\nhave the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such real property was acquired at the cost and expense of the\ncity, the authority shall have power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have power to\nsell at public auction, lease or otherwise dispose of said real property\nand shall retain and have the power to use the proceeds of sale, rentals\nor other moneys derived from the disposition thereof for its purposes.\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. ENV Law § 19-0311 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0311
Operating permit program for sources subject to federal Clean Air Act
Status: in_force

§ 19-0311. Operating permit program for sources subject to federal Clean\n             Air Act.\n  1. The department shall establish an operating permit program for\nsources subject to Title V of the Act. Upon approval of such program by\nthe administrator, the following sources of regulated air contaminants,\nhereinafter referred to as "sources", shall obtain an operating permit\npursuant to this section:\n  a. major stationary sources;\n  b. any source, including an area source, subject to a standard,\nlimitation or other requirement under section 7412 of the Act, except\nthat a source is not required to obtain an operating permit pursuant to\nthis section solely because it is subject to regulation under section\n7412(r) of the Act;\n  c. sources subject to a standard, limitation or other requirement\nunder section 7411 of the Act;\n  d. affected sources pursuant to Title IV of the Act; and\n  e. any source in a source category designated by the commissioner in\nregulation, which shall be the same as the list of sources promulgated\nby the administrator pursuant to the Act.\n  2. In implementing this section, the department shall:\n  a. review and revise, as necessary to be consistent with the Act and\nother applicable federal and state laws, existing regulations to provide\nfor adequate, streamlined and reasonable procedures for processing\npermit applications, for public notice and participation, including\noffering an opportunity for public comment and hearing, and for\nexpeditious review of permit actions, including applications, renewals\nand revisions;\n  b. notwithstanding the provisions of paragraph i of this subdivision,\nestablish regulations for a phased schedule for acting on complete\npermit applications. Such schedule shall ensure that at least one-third\nof such permits shall be acted upon by the department annually over a\nperiod of three years after the administrator approves the operating\npermit program;\n  c. promulgate regulations, consistent with the Act and other\napplicable federal and state laws, for expeditiously determining whether\nan application for a permit is complete. Such regulations shall specify\nthat, in order to be deemed complete, an application shall include:\n  (i) source identification information;\n  (ii) a description of the source's processes and products by Standard\nIndustrial Classification Code, including any associated with alternate\nscenarios identified by the source;\n  (iii) an identification and description of emissions and emission\npoints, including rates of such emissions in sufficient detail to\nestablish the basis for the fees and applicability of requirements of\nthe Act;\n  (iv) an identification of pollution control activities and compliance\nmonitoring devices or activities;\n  (v) any limitations on operations or any work practice standards;\n  (vi) any calculations on which the information provided to the\ndepartment is based;\n  (vii) citation and description of all applicable requirements in state\nand federal law;\n  (viii) a description of or reference to any applicable test method for\ndetermining compliance with applicable requirements;\n  (ix) information determined necessary by the department to define\nalternative operating scenarios identified by the permit applicant;\n  (x) compliance plans;\n  (xi) schedules of compliance;\n  (xii) schedules for submission of certified progress reports;\n  (xiii) a compliance certification;\n  (xiv) completed forms as required under Title IV of the Act;\n  (xv) certification by a responsible official that the information\nsubmitted is true, accurate and complete; and\n  (xvi) any other information required by the Act or other applicable\nfederal or state laws and implementing regulations. Provided, however,\nthat applications for permit revisions need contain such information\nonly to the extent required by the Act or regulations promulgated\nthereunder.\n  d. determine, consistent with subdivision 3 of section 70-0117 of this\nchapter, whether an application is complete within sixty days of\nreceipt, provided that if the department does not make such\ndetermination within sixty days, the application is deemed complete. If\nthe department deems the application to be incomplete, the department\nmust, consistent with subdivision 1 of section 70-0109 of this chapter,\nprovide a written explanation of any deficiencies found in the\napplication;\n  e. provide for issuance, after notice and opportunity for public\ncomment, of a general permit covering numerous similar sources for\npurposes of complying with Title V of the Act or this article. Such\nregulations shall ensure that the general permit complies with all\nrequirements applicable under the Act and this chapter and identified\ncriteria by which sources may qualify for such general permit.\nNotwithstanding subdivision five of this section, the source shall be\nsubject to enforcement action for operation without a permit if the\nsource is determined not to qualify for the conditions and terms of the\ngeneral permit. Such regulations shall require that any source proposing\nto operate pursuant to a general permit shall request such permit in\nwriting, and the department shall respond to such request in writing\nwithin sixty days;\n  f. provide that a single permit will be issued for each source, except\nupon request of a source. In no case shall the determination of whether\na source is subject to the requirement to obtain an operating permit\npursuant to this section be affected by the application for or issuance\nof more than one operating permit for that source. In no case shall a\nsource which has been issued multiple permits be allowed to make minor\nmodifications which, in the aggregate, would be a significant\nmodification if the source had been issued a single permit, unless such\nsource complies with all of the requirements for a significant\nmodification;\n  g. provide for issuance of a single permit authorizing emissions from\nsimilar operations at multiple temporary locations, provided that such\npermit shall not be issued unless it includes conditions that will\nensure compliance with the requirements of this chapter and the Act at\nall authorized locations and unless it requires the owner or operator to\nnotify the department in advance of each change in location;\n  h. establish provisions for notifying each state which is within fifty\nmiles of a source that has submitted an application for an operating\npermit. Such notifications shall be consistent with section 7661d of the\nAct and Article 70 of this chapter and the state administrative\nprocedure act;\n  i. take final action on a permit application within eighteen months\nafter the date of receipt of a complete application. Notwithstanding any\nother provision of law, in the event the department fails to act on a\ncomplete permit application or a complete permit renewal application\nwithin eighteen months, such failure shall be treated as a final agency\naction solely for the purpose of judicial review; and\n  j. require revisions to a permit to incorporate applicable\nrequirements under the Act or state law if the remaining permit term is\nthree years or more. If the permit term is three years or more or if the\npermit has been extended pursuant to paragraph b of subdivision five of\nthis section, such revision shall be completed not later than eighteen\nmonths after promulgation of the applicable requirement.\n  k. provide an exemption from regulation with respect to volatile\norganic compounds for any bakery facility which (i) derives at least\nfifty percent of its revenues from retail sales on premises, or (ii)\nutilizes only batch ovens in its baking process. A "batch oven" shall be\ndefined as a non-conveyor belt oven operating on a single baking cycle\nin which a determinate amount of product is cooked at one baking.\n  3. Operating permits issued pursuant to this section shall include the\nfollowing conditions:\n  a. emissions limitations or standards including standards established\nby the Act and this article, and references to the origin of and\nauthority for each term and condition;\n  b. provisions for a fixed permit term, not to exceed five years,\nunless a shorter term is requested by the source or the department\ndetermines a shorter term is appropriate, except if a different term is\nrequired to comply with the Act;\n  c. provisions for detailed monitoring, recordkeeping and reporting,\nincluding requirements that records be kept for five years, and that\nmonitoring records be submitted to the department at least every six\nmonths, provided, however, that, unless required by the Act, continuous\nemissions monitoring need not be required if alternative methods are\navailable that provide sufficiently reliable and timely information for\ndetermining compliance;\n  d. A prohibition on emissions in excess of any allowances held by an\naffected source under Title IV of the Act;\n  e. terms and conditions, if requested by the source, for the trading\nof emissions increases and decreases within a facility, to the extent\napplicable requirements provide for such trading;\n  f. provisions for alternative operating scenarios where a source\nidentifies such scenarios in its permit application for department\napproval, and where such scenarios are approved by the department;\n  g. provisions for emergencies beyond the control of the source;\nnotwithstanding section 71-2109 of this chapter, an "emergency" shall\nmean any situation arising from sudden and reasonably unforeseeable\nevents beyond the control of the source, which situation requires\nimmediate corrective action to restore normal operation and which causes\nthe source to exceed a technology-based emission limitation under the\npermit, due to unavoidable increases in emissions attributable to the\nemergency. An emergency shall not include noncompliance to the extent\ncaused by improperly designed equipment, lack of preventative\nmaintenance, careless or improper operation, or operator error;\n  h. identification of the terms of the permit that are federally\nenforceable;\n  i. provisions for inspection, entry, monitoring, compliance\ncertification and reporting to assure compliance with the permit terms\nand conditions;\n  j. unless inconsistent with the Act, provisions for confidentiality of\nproprietary information pursuant to subdivision two of section\neighty-seven of the public officers law, and regulations promulgated\nthereunder;\n  k. provisions to allow an existing source to voluntarily make early\nreduction(s) in hazardous air pollutants, pursuant to section 7412(I)\n(5) of the Act, and provisions to establish emissions standards for\nhazardous air pollutants on a case-by-case basis pursuant to section\n7412(d), (g) and (j) of the Act in the event the administrator fails to\nmeet the deadlines established pursuant to section 7412(e) of the Act\nfor the promulgation of such standards applicable to a source or source\ncategory;\n  l. provisions that no existing source that has installed best\navailable control technology (as defined in section 7479(3) of the Act),\nor technology required to meet a lowest achievable emission rate (as\ndefined in section 7501 of the Act), prior to the promulgation of a\nstandard applicable to such source under section 7412(d) and (j) for the\nsame pollutant (or stream of pollutants) shall be required to comply\nwith such standard under this section until the date five years after\nthe date on which such installation or reduction has been achieved, as\ndetermined by the department;\n  m. provision for a severability clause to ensure the continued\nvalidity of the various permit conditions in the event of a challenge to\nany portion of a permit;\n  n. provisions to allow that, for any performance or emission standard\nor other requirement established for a source prior to the issuance of\nan operating permit, such permit may contain a compliance schedule\nrequiring the source to achieve compliance as soon as practicable but\nnot later than the time required by the Act or this article or\nregulations promulgated thereunder;\n  o. provisions requiring compliance with all conditions of the permit,\nand requiring that noncompliance be grounds for enforcement action; for\npermit termination, revocation and reissuance, or revision; or for\ndenial of a permit renewal application;\n  p. provisions allowing for changes within a source without requiring a\npermit revision provided that such changes are not modifications under\nTitle I of the Act and the changes do not exceed the emissions allowable\nunder the permit; provided, however, that the source must provide the\ndepartment with written notification at least seven days in advance of\nthe proposed changes;\n  q. provisions specifying the conditions under which the permit may be\nreopened and revised prior to the expiration, as prescribed by\nregulation, and providing that reopenings shall not be initiated before\na notice of such intent is provided to the source by the department at\nleast thirty days in advance of the date that the permit is to be\nreopened, except that the department may provide a shorter time period\nin the case of an emergency; and\n  r. other conditions necessary to assure compliance with the Act and\nother applicable federal and state laws and implementing regulations.\n  4. a. The department shall provide adequate, streamlined, and\nreasonable procedures for expeditiously processing applications for\nminor permit modifications, as defined in regulations. Minor\nmodifications may include those that:\n  (i) do not violate any applicable requirement of this article or the\nAct;\n  (ii) do not involve significant changes to existing monitoring,\nreporting, or recordkeeping requirements in the permit;\n  (iii) do not require or change a case-by-case determination of an\nemission limitation or standard, or a source specific determination for\ntemporary sources of ambient impacts, or a visibility or increment\nanalysis;\n  (iv) do not seek to establish or change a permit term or condition for\nwhich there is no corresponding underlying applicable requirement and\nthat the source has assumed to avoid an applicable requirement to which\nthe source would otherwise be subject to, including but not limited to\nfederally enforceable emissions caps assumed to avoid classification as\na modification under any provision of Title I or emissions limitations\napproved pursuant to section 7412(i)(5) of the Act; or\n  (v) do not constitute a modification under Title I of the Act.\n  b. Upon application by a source for a minor permit modification, the\ndepartment shall determine whether such application is complete within\nfifteen days after receipt of such application and whether such proposed\nmodification is minor within twenty-five days after receipt of such\napplication. The department may require public notice of such\napplication and the department's determination of whether the\nmodification is minor. If such modification is deemed minor, the source\nmay proceed with the modification. The department shall approve or deny\na minor permit modification within ninety days of the receipt of an\napplication under this subdivision or fifteen days after the end of the\nadministrator's forty-five day review period pursuant to section\n7661d(b)(1) of the Act, whichever is later, unless such modification is\ntreated as a new application. The provisions of subdivision five of this\nsection are not applicable to minor modifications until the source\nreceives the final approval from the department.\n  5. a. The department shall include in a permit issued pursuant to this\nsection a provision stating that compliance with the conditions of the\npermit shall be deemed compliance with the applicable requirements of\nthe Act as of the date of permit issuance, provided that:\n  (i) such applicable requirements are specifically identified in the\npermit; or\n  (ii) the department, in acting on the permit application or revision,\ndetermines in writing that other requirements specifically identified\nare not applicable to the source, and the permit includes the\ndetermination or a concise summary thereof. Provided further that\nnothing herein shall preclude the department from revising or revoking\nthe permit pursuant to article seventy of this chapter or from\nexercising its summary abatement authority under sections 71-0301 or\n71-1719 of this chapter.\n  b. Consistent with section four hundred one of the state\nadministrative procedure act, the terms and conditions of a permit are\nautomatically continued pending final determination by the department on\na request for renewal or initial application for an operating permit,\nprovided a permittee has made a timely and complete application and paid\nthe fees pursuant to section 72-0303 of this chapter.\n
N.Y. VAT Law § 398-I — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-I
Unregistered operation; procedures and penalties
Status: in_force

§ 398-i. Unregistered operation; procedures and penalties. 1. The\ncommissioner or any person deputized by him shall hear and determine any\nallegation that a person has operated a repair shop without being\nregistered as required by subdivision one of section three hundred\nninety-eight-c of this chapter. Upon a determination that a person has\nso operated, the commissioner or person deputized by him shall assess\ncivil penalties as provided in subdivisions two and three of this\nsection.\n  2. Except as provided in subdivision three, any person who operates a\nrepair shop without being registered shall be required to pay to the\npeople of this state a civil penalty in the sum of one thousand dollars.\nHowever, any such person against whom such penalty has been assessed may\navoid all but five hundred dollars of such penalty by obtaining a\nregistration as required by this article, provided that application for\nsuch registration is made not more than ten days after the imposition of\nsuch penalty.\n  3. (a) Any person who operates a repair shop while his repair shop\nregistration is revoked or suspended, shall pay to the people of this\nstate a civil penalty in the sum of one thousand dollars. Such civil\npenalty may not be avoided.\n  (b) Any person who operates a repair shop without being registered as\nrequired by subdivision one of section three hundred ninety-eight-c of\nthis chapter who has previously had a civil penalty assessed for\nunregistered operation shall pay to the people of this state a civil\npenalty in the sum of one thousand dollars.  Such civil penalty may not\nbe avoided.\n  4. (a) If it is determined that a person has operated a repair shop\nwithout being registered as required by this article, such determination\nmay be appealed to the review board established pursuant to section\nthree hundred ninety-eight-f of this chapter. The procedure established\nin such section shall apply to such appeals provided that no appeal\nshall be accepted or determined by the review board unless the civil\npenalty assessed against such person has been paid as prescribed in\nsubdivision two of this section.\n  (b) The requirement that the civil penalty be paid before an appeal\ncan be accepted or determined by the review board shall not apply to an\nappeal by a repair shop from a determination made pursuant to\nsubdivision three of this section.\n  (c)  If the review board finds that the person has not been operating\na repair shop without being registered, any civil penalty which has been\npaid shall be refunded, any premises ordered to be sealed pursuant to\nsubdivision five-a of this section shall be unsealed, and if such board\ndetermines that registration as a repair shop is not required and a\nregistration has been obtained to avoid the civil penalty assessed, the\nregistration shall be cancelled and, notwithstanding the provisions of\nparagraph (a) of subdivision three of section three hundred\nninety-eight-c of this chapter, all fees paid for such registration\nshall be refunded.\n  5. Civil penalties assessed under this section shall be paid to the\ncommissioner for deposit into the state treasury, and unpaid civil\npenalties may be recovered by the commissioner in a civil action in the\nname of the commissioner. In addition, as an alternative to such civil\naction and provided that no proceeding for judicial review shall then be\npending and the time for initiation of such proceeding shall have\nexpired, the commissioner may file with the county clerk of the county\nin which the registrant is located a final order of the commissioner\ncontaining the amount of the penalty assessed. The filing of such final\norder shall have the full force and effect of a judgment duly docketed\nin the office of such clerk and may be enforced in the same manner and\nwith the same effect as that provided by law in respect to executions\nissued against property upon judgments of a court of record.\n  5-a. Sealing of the premises. (a) In addition to any other penalties\nset forth in this article, the commissioner, after notice to the owner\nof the premises and the owner of the motor vehicle repair shop and the\nopportunity for a hearing, shall be authorized to\n  (i) order the sealing of the premises upon which any person has\noperated a motor vehicle repair shop without being registered, provided\nthat such premises is primarily used for such activity and provided,\nfurther, that the commissioner shall not seal any dwelling unit or other\nspace lawfully used solely for residential purposes;\n  (ii) order that any devices, items or goods utilized in the operation\nof a motor vehicle repair shop and relating to such activity for which a\nregistration for operation is required but has not been obtained\npursuant to the provisions of this article shall be removed, sealed or\notherwise made inoperable; and\n  (iii) order the removal of motor vehicles on the premises to a garage,\npound or other place of safety. For purposes of this article, the term\n"owner of the premises" shall mean the owner, lessor, lessee or\nmortgagee of the building, erection or place wherein any person is\noperating an unregistered motor vehicle repair shop. The person in whose\nname the real estate affected by the orders of the commissioner is\nrecorded in the office of the city register or the county clerk, as the\ncase may be, shall be presumed to be the owner thereof.\n  (b) The lack of knowledge of, acquiescence or participation in or\nresponsibility for, the operation of an unregistered motor vehicle\nrepair shop, on the part of the owner of the premises and/or the owner\nof the motor vehicle repair shop, shall not be a defense by such owners.\n  (c) Orders of the commissioner issued pursuant to paragraph (a) of\nthis subdivision shall be conspicuously posted at the premises upon\nwhich unlawful operation occurred.\n  (d) An order of the commissioner issued pursuant to paragraph (a) of\nthis subdivision shall be stayed with respect to any person who, prior\nto service of the notice required by such paragraph, has submitted a\ncomplete application, in proper form and accompanied by the requisite\nfee, for a certificate of registration to operate a motor vehicle repair\nshop or a renewal thereof, while the application is pending.\n  (e) Ten days after the posting of an order issued pursuant to\nparagraph (a) of this subdivision, and upon the written directive of the\ncommissioner, officers and employees of the department and police\nofficers of any appropriate law enforcement agency shall be authorized\nto act upon and enforce such order. The commissioner may take such steps\nas are lawful and necessary to prevent the removal from the premises of\nany devices, items, goods or personal property used in the conduct of a\nmotor vehicle repair shop business during such ten day period.\n  (f) (i) Any devices, items, goods or motor vehicles removed pursuant\nto the provisions of subparagraphs (ii) and (iii) of paragraph (a) of\nthis subdivision shall be stored in a garage, pound or other place of\nsafety and the owner or other person lawfully entitled to the possession\nof such devices, items, goods or motor vehicles may be charged with\nreasonable costs for removal and storage payable prior to the release of\nsuch devices, items, goods or motor vehicles to such owner or such other\nperson.\n  (ii) The commissioner shall, by first class mail, notify the\nregistered owner of any motor vehicle removed pursuant to subparagraph\n(iii) of paragraph (a) of this subdivision within five business days of\nthe removal, of the location of such motor vehicle and the actions\nnecessary to recover such motor vehicle.\n  (iii) The owner or other person lawfully entitled to reclaim the\ndevices, items, goods or motor vehicles removed pursuant to this section\nshall reclaim such devices, items, goods or motor vehicles within ninety\ndays of their removal, or such devices, items, goods or motor vehicles\nshall be subject to forfeiture upon notice and judicial determination in\naccordance with the provisions of law. Upon forfeiture the commissioner\nshall, upon a public notice of at least five days, sell such forfeited\ndevices, items, goods or motor vehicles at public sale.  The net\nproceeds of such sale, after deduction of the lawful expenses incurred,\nshall be paid into the general fund.\n  (iv) Lessors of devices, items, goods or personal property removed\npursuant to the provisions of subparagraph (ii) of paragraph (a) of this\nsubdivision may reclaim leased devices, items, goods or personal\nproperty upon presentment of proof that the lessor is not otherwise\ninvolved, directly or indirectly, in the ownership or operation of such\nmotor vehicle repair shop and that the lessee is in breach of the lease\nor in default of payments, and upon payment of any reasonable costs\nimposed for the removal and storage of such devices, items, goods or\npersonal property pursuant to this subdivision.\n  (g) The commissioner shall order any premises which are sealed\npursuant to paragraph (a) of this subdivision to be unsealed upon:\n  (i) payment of any and all fines, penalties and restitution; and\n  (ii) presentment of proof that the required registration has been\nobtained for operation of a motor vehicle repair shop on the premises,\nor proof satisfactory to the commissioner, submitted by the owner of the\npremises, that such premises will not be used in violation of this\narticle.\n  (h) In addition to any fines, penalties or actions taken with respect\nto a motor vehicle repair shop and the persons operating, providing\nequipment or otherwise involved in the operations of such shop, the\ncommissioner may also take action with respect to the owner of the\npremises where such shop has operated or is operating as provided in\nthis paragraph. Upon a finding by the commissioner, after notice and the\nopportunity for a hearing, that an unregistered motor vehicle repair\nshop has been operated at the same premises on two or more separate\noccasions within eighteen months resulting in two or more separate\ndeterminations by the commissioner of a violation of this section with\nrespect to such premises, and that the owner of the premises knowingly\nallowed such operation, the commissioner may impose upon such owner of\nthe premises a civil penalty in an amount not to exceed fifteen thousand\ndollars, or may order the sealing of the premises for not more than one\nhundred eighty days, or both such actions.\n  (i) Nothing contained herein shall be construed to authorize the\ncommissioner to execute an order issued pursuant to this subdivision\nwithout the presence and assistance of a police officer of an\nappropriate law enforcement agency.\n  (j) Removal of the seal on any premises sealed pursuant to the\nprovisions of this subdivision shall constitute a misdemeanor.\n  6. No allegation of unregistered operation as a repair shop shall be\nheard or determined unless notice of such allegation has been mailed to\nsuch person within two years after the date of the alleged unregistered\noperation.\n
N.Y. RSS Law § 319 — New York Code / Act RSS / Article 8 / Title 3 / Section 319
Filing of documents with the retirement system
Status: in_force

§ 319. Filing of documents with the retirement system. Whenever a\nstatute requires that a document be filed with the state comptroller, as\nadministrative head of the New York state and local police and fire\nretirement system, within a prescribed period of time or by a specified\ndate, and such document has been mailed to the comptroller or the\nretirement system by United States Postal Service certified mail, return\nreceipt requested, the document shall be deemed filed on the date of\nmailing. Notwithstanding this provision, no document shall be deemed\nfiled on the date of mailing unless it is actually received by the\nretirement system as a result of such mailing.\n
N.Y. EXC Law § 523-H — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-H
Duties of the director
Status: in_force

§ 523-h. Duties of the director. The director shall:\n  1. provide administrative supervision and oversight to the ombudsmen;\n  2. establish procedures to ensure that the office of the ombudsman\nservices are made available to every youth residing in facilities\noperated by the office;\n  3. coordinate meetings of the independent review board and the\nactivities of its members;\n  4. coordinate activities of the ombudsmen with the independent review\nboard and other units within the office;\n  5. fully participate in the policy development process of the office;\n  6. report to the independent review board, the commissioner, the\nexecutive deputy of the office, other appropriate directors of the\noffice, the general counsel to the office and other appropriate office\nstaff, concerning the grievances and complaints of youth residing in\nfacilities operated by the office and the status of such grievances and\ncomplaints on a periodic basis, but not less than once per quarter. The\nreport shall indicate whether a reported issue, complaint or grievance\nhas been resolved and the manner in which it was resolved, and the\nstatus of implementation of recommendations or directives made by the\ncommissioner with regard to previously reported issues, grievances or\ncomplaints; and\n  7. prepare a monthly report for the commissioner on the activities of\nthe office of the ombudsman. Such monthly report shall contain\nstatistical data and information indicating: the number of youth served\nby the office of the ombudsman; the number and types of complaints,\ngrievances or issues brought to the attention of the office of the\nombudsman; the number of office facilities visited by the ombudsmen; the\nnumber of investigations conducted by the ombudsmen; and the number and\nnature of contacts made by the ombudsmen to persons or agencies external\nto the office on behalf of youth residing in facilities operated by the\noffice.\n
N.Y. PBH Law § 2135 — New York Code / Act PBH / Article 21 / Title 3 / Section 2135
Confidentiality
Status: in_force

§ 2135. Confidentiality. All reports or information secured by the\ndepartment, municipal health commissioner or district health officer\nunder the provisions of this title shall be confidential except: (a) in\nso far as is necessary to carry out the provisions of this title; (b)\nwhen used in the aggregate, without patient specific identifying\ninformation, in programs approved by the commissioner for the\nimprovement of the quality of medical care provided to persons with\nHIV/AIDS; (c) when used within the state or local health department by\npublic health disease programs to assess co-morbidity or completeness of\nreporting and to direct program needs, in which case patient specific\nidentifying information shall not be disclosed outside the state or\nlocal health department; or (d) when used for purposes of patient\nlinkage and retention in care, patient specific identified information\nmay be shared between local and state health departments and health care\nproviders currently treating the patient as approved by the\ncommissioner.\n