N.Y. ELN Law § 8-106 — New York Code / Act ELN / Article 8 / Title 1 / Section 8-106
Polling places; attendance for educational purposes
Status: in_force

§ 8-106. Polling places; attendance for educational purposes. 1.\nNotwithstanding any inconsistent provision of law, in order to\nfacilitate education and participation in the electoral process, a\nnumber of students in grades eight to twelve, inclusive, not to exceed\nfour at any one time in any polling place, may enter any polling place\nbetween twelve o'clock noon and three o'clock p.m. for the purpose of\nobserving the activities taking place therein and, when allowed by the\ninspectors, for the purposes of subdivision two of this section,\nprovided there is proper parental or teacher supervision present, and\nprovided further, any such student who in any way interferes with the\norderly process of voting shall not be allowed to remain in the polling\nplace.\n  2. Notwithstanding any inconsistent provision of law, each board of\nelections may provide a spare voting machine inside any polling place or\nin a room adjacent to any polling place for the educational use of\nstudents in grades eight to twelve, inclusive. Each such board shall\nestablish procedures for the use of the machine including, but not\nlimited to, location and preparation of the machine and duties of the\nmachine tenders. At least four weeks prior to an election, each board\nintending to provide a voting booth for the educational use of students\nshall notify each school district within its jurisdiction of the\nlocation of the spare voting machine. Upon such notice, but not later\nthan two weeks prior to such election, each school district intending to\nutilize the spare voting machine made available for educational use as\nherein provided shall notify the board of such intention. Any ballot\nused in connection with such spare voting machine shall be in the form\nprescribed by section 7-118 of this chapter for facsimile or sample\nballots.\n  3. Notwithstanding any inconsistent provision of law, in order to\nfacilitate education and foster early participation in the electoral\nprocess, any persons younger than the age of sixteen on election day\nshall be permitted to accompany a duly qualified voting parent or\nguardian into the appropriate polling place and voting booth for the\nspecific purpose of observing that parent or guardian vote, and for the\ngeneral purpose of observing the electoral process. Any voting parent or\nguardian permitting a child to accompany them while voting shall provide\nappropriate supervision so as not to allow a child to interfere with the\norderly process of voting.\n
N.Y. EDN Law § 480 — New York Code / Act EDN / Title 1 / Article 10-B / Section 480
Special provisions relating to acquisition and transfer of real property
Status: in_force

§ 480. Special provisions relating to acquisition and transfer of real\nproperty. Notwithstanding any contrary provisions of any general,\nspecial or local law, charter or ordinance: 1. Provided that the\ntrustees of the fund shall have formally approved by a two-thirds vote\nthe acquisition of such real property for the development of one or more\ncombined occupancy structures, any public corporation or officer\nresponsible for the acquisition of real property for school purposes in\nthe city of Yonkers is hereby authorized for and on behalf and in the\nname of the city of Yonkers, to execute and deliver to the fund, on such\nterms and for such consideration, if any, as may be determined by such\npublic corporation or officer and the fund, but not to exceed the cost\nof acquisition thereof and the cost of improvements thereon, a lease for\na term not exceeding ninety-nine years, or a quitclaim deed conveying to\nthe fund all right, title and interest of such public corporation and of\nthe city of Yonkers in and to any of the lands acquired by such public\ncorporation or officer for school purposes, and in and to any of the\nimprovements thereon, for the purpose of constructing, reconstructing,\nrehabilitating or improving thereon one or more combined occupancy\nstructures pursuant to this article for subsequent lease or sublease of\nthe school portion of such combined occupancy structures to such public\ncorporation or officer, in accordance with the terms of an agreement\nentered into among them pursuant to this article. The fund is hereby\nauthorized to accept such lease or conveyance; to lease, sublease or\notherwise transfer or convey, such lands and improvements and all or any\npart of the buildings or structures constructed, reconstructed,\nrehabilitated or improved thereon, to third parties and to such public\ncorporation or officer in accordance with the provisions of this\narticle, and to hold the same subject to the terms of any such lease,\nconveyance, sublease or other agreement; and such public corporation or\nofficer is hereby authorized to lease or sublease from the fund any such\nlands or improvements or the school portion of any combined occupancy\nstructure, constructed, reconstructed, rehabilitated or improved thereon\npursuant to this article or other provisions of law, and to hold such\nlands, improvements, buildings and school portions of combined occupancy\nstructures subject to the terms of any such lease, sublease or other\nagreement.\n  2. In the event that the fund shall fail, within five years from the\ndate of a lease or conveyance authorized pursuant to subdivision one of\nthis section, to construct, reconstruct, rehabilitate or improve the\nbuildings or structures thereon for which the conveyance was made, as\nprovided for in a lease, sublease or other agreement entered into with\nsuch public corporation or officer, or in the event that such buildings\nor structures shall cease to be used for the purposes intended, then and\nin either event but subject to the terms of any lease, sublease or other\nagreement undertaken by the fund, such lands, and the improvements and\nbuildings or structures thereon, shall revert to the city of Yonkers\nwith right of re-entry thereupon, and such lease or deed shall be made\nsubject to such conditions; provided, however, that as a condition\nprecedent to the exercise of such right of re-entry the city of Yonkers,\nor such public corporation or officer, shall pay to the fund an amount\nequal to the purchase price of such lands and improvements, the\ndepreciated cost of any buildings or structures constructed,\nreconstructed, rehabilitated or improved thereon, and all other costs of\nthe fund incident to the acquisition of such lands and the financing of\nconstruction, reconstruction, rehabilitation or improvement relating to\nsuch buildings or structures, all as provided in the aforesaid lease,\nsublease or other agreement entered into with such public corporation or\nofficer.\n
N.Y. EXC Law § 501-D — New York Code / Act EXC / Article 19-G / Title 1 / Section 501-D
Grants or gifts
Status: in_force

§ 501-d. Grants or gifts. The director of the division for youth, with\nthe approval of the governor, may accept as agent of the state any\ngrant, including federal grants, or any gift for any of the purposes of\nthis article.  Any moneys so received may be expended by the division\nfor youth to effectuate any purpose of this article, subject to the same\nlimitations as to approval of expenditures and audit as are prescribed\nfor state moneys appropriated for the purposes of this article.\n
N.Y. RPT Law § 1102 — New York Code / Act RPT / Article 11 / Title 1 / Section 1102
Definitions
Status: in_force

§ 1102. Definitions. When used in this article:\n  1. "Charges" or "legal charges" means:\n  (a) the cost of the mailing or service of notices required or\nauthorized by this article;\n  (b) the cost of publication of notices required or authorized by this\ntitle;\n  (c) the amount of any interest and penalties imposed by law;\n  (d) the cost of recording or filing legal documents required or\nauthorized by this article;\n  (e) the cost of appraising a parcel for the purpose of determining the\nexistence and amount of any surplus pursuant to section eleven hundred\nninety-six of this article;\n  (f) the reasonable and necessary cost of any search of the public\nrecord required or authorized to satisfy the notice requirements of this\narticle, and other reasonable and necessary expenses incurred by a tax\ndistrict in connection with a proceeding to foreclose a tax lien,\nincluding but not limited to administrative, auction and reasonable\nattorney fees and/or costs associated with the foreclosure process;\nprovided, that: (i) a charge of up to either two hundred fifty dollars\nper parcel, or two percent of the sum of the taxes, interest and\npenalties due on the parcel, whichever is greater, shall be deemed\nreasonable and necessary to cover the combined costs of such searches\nand the other reasonable and necessary costs and expenses delineated in\nthis paragraph, and such an amount may be charged without\nsubstantiation, even if salaried employees of the tax district performed\nsome or all of such services; and (ii) a tax district may charge a\ngreater amount with respect to one or more parcels upon demonstration to\nthe satisfaction of the court having jurisdiction that such greater\namount was reasonable and necessary; and\n  (g) the amount owed to the tax district by virtue of a judgment lien,\na mortgage lien, or any other lien held by the tax district that is not\na delinquent tax lien.\n  (h) Charges shall be deemed a part of the delinquent tax for purposes\nof redemption and determination of surplus.\n  2. "Delinquent tax" means an unpaid tax, special ad valorem levy,\nspecial assessment or other charge imposed upon real property by or on\nbehalf of a municipal corporation or special district, plus all\napplicable charges, relating to any parcel which is included in the\nreturn of unpaid delinquent taxes prepared pursuant to section nine\nhundred thirty-six of this chapter or such other general, special, or\nlocal law as may be applicable. In no event, however, shall "delinquent\ntax" include any unpaid tax or other charge against lands owned by the\nstate.\n  3. "Enforcing officer" means any elected or appointed officer of any\ntax district empowered or charged by law to enforce the collection of\ntax liens on real property; provided, however, that (a) where no law\nprovides otherwise, the enforcing officer shall be (i) in a county which\nis a tax district, the county treasurer or commissioner of finance, (ii)\nin a city which is a tax district, the official so empowered or charged\nby the city charter, (iii) in a village which is a tax district, the\nvillage treasurer, and (iv) in a town which is a tax district, the town\nsupervisor; and (b) when the duties and powers of an "enforcing officer"\nare vested in two or more elected or appointed officials, the governing\nbody of the tax district shall designate which of such officials shall\nact as enforcing officer for the purposes set forth in this article. The\nenforcing officer and other officials of the tax district who have\nresponsibilities affecting the enforcement process shall work\ncooperatively to facilitate the enforcement process.\n  4. "Lien date" means the date on which the tax or other legal charges\nrepresented thereby became a lien, as provided by section nine hundred\ntwo of this chapter or such other general, special or local law as may\nbe applicable, provided, that when the taxes of a school district are\nenforced by a tax district without being relevied by the tax district,\nand the lien date of the school district taxes differs from the lien\ndate of the taxes of the tax district which are levied upon the same\nassessment roll, the later of the two such dates shall be deemed to be\nthe lien date for purposes of this article.\n  5. "Person" means an individual, a corporation (including a foreign\ncorporation and a municipal corporation), a joint stock association, a\npartnership, the state, and any other organization, state, government or\ncounty which may lawfully own property in the state.\n  6. "Tax district" means: (a) a county, other than (i) a county for\nwhich the cities and towns enforce delinquent taxes pursuant to the\ncounty administrative code, or (ii) a county wholly contained within a\ncity;\n  (b) a city, other than a city for which the county enforces delinquent\ntaxes pursuant to the city charter;\n  (c) a village, other than a village for which the county enforces\ndelinquent taxes pursuant to section fourteen hundred forty-two of this\nchapter; or\n  (d) a town in a county in which towns enforce delinquent taxes\npursuant to the county administrative code.\n
N.Y. ENV Law § 3-0109 — New York Code / Act ENV / Article 3 / Title 1 / Section 3-0109
Eligibility for certain offices
Status: in_force

§ 3-0109. Eligibility for certain offices.\n  No person shall be eligible for or shall continue to hold the office\nof commissioner, deputy commissioner, secretary to the department, if\nany there be, or head of a division who is engaged in the business of\nlumbering in any forest preserve county or who is engaged in any\nbusiness in the prosecution of which hydraulic power is used or in which\nwater is distributed or sold under any public franchise or who is an\nofficer or holder of stocks or bonds of any corporation engaged in such\nbusiness within the state.\n
N.Y. ENV Law § 57-0115 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0115
Comprehensive management plan
Status: in_force

§ 57-0115. Comprehensive management plan.\n  1. The council shall, after holding public hearings, prepare and adopt\na comprehensive management plan for the Long Island Pine Barrens\nmaritime reserve, which the state and local governments may adopt. Such\nplan shall include, but not be limited to:\n  a. a statement of the public values of the area, including their\neducational, ecological and hydrological values, together with the\ngeneral goals and policies which will best protect and enhance such\nvalues;\n  b. a map of the area, delineating the boundaries of the Long Island\nPine Barrens maritime reserve;\n  c. a brief and general historical overview regarding the lands of the\nLong Island Pine Barrens maritime reserve;\n  d. an inventory of all public lands and lands available for public use\nwithin the Long Island Pine Barrens maritime reserve specifying use,\nfacilities for public use, and the management agency with jurisdiction\nover the property;\n  e. management guidelines for the preservation, recreational and\neducational use of resources of the Long Island Pine Barrens maritime\nreserve;\n  f. management guidelines for protecting and supporting indigenous\neconomic activities like agriculture, fishing, recreation and tourism;\n  g. a plan for protection and management for dedicated land in the Long\nIsland Pine Barrens preserve including:\n  (1) A survey or inventory of the following, together with the\nestablishment of management priorities therefor:\n  (i) natural plant and wildlife resources;\n  (ii) historic resources;\n  (iii) erosion control needs and stream protection;\n  (iv) trails, trail development and use; and\n  (v) other recreational uses.\n  (2) Recommendations for the enforcement of laws pertaining to public\nuse activities, which can be implemented by rules and regulations for\nthe administration and use of lands dedicated to the preserve.\n  (3) Recommendations for acquisition of open space suitable for\ndedication in the preserve.\n  (4) Recommendations for institutional arrangements to coordinate\nmanagement of dedicated land held by separate owners;\n  h. a local participation plan, which describes how local citizens,\nofficials and members of the tourism, agricultural and fishing\nindustries will participate in the planning and implementation of the\nmanagement program and which contains a statement identifying support\nfor such program by the participating local governments; and\n  i. a financial statement estimating the necessary costs and potential\nfunding sources to carry out recommendations in the study over a five\nyear period and the benefits therefrom.\n  2. A draft plan shall be prepared and made available to the public and\nthe local governments within the Long Island Pine Barrens maritime\nreserve prior to adopting the plan. The council shall hold public\nhearings at different locations within the Long Island Pine Barrens\nmaritime reserve. There shall be two public hearings on the draft plan\nand there shall also be a public hearing on the completed plan before\nthe plan is submitted to the commissioner.\n
N.Y. SOS Law § 460-C — New York Code / Act SOS / Article 7 / Title 1 / Section 460-C
Inspection and supervision
Status: in_force

§ 460-c. Inspection and supervision. 1. Excepting state institutions\nfor the education and support of the blind, the deaf and the dumb,\nfacilities subject to the approval, visitation and inspection of the\nstate department of mental hygiene or the state commission of\ncorrection, facilities operated by or under the supervision of the\ndivision for youth and facilities subject to the supervision of the\ndepartment of health pursuant to article twenty-eight of the public\nhealth law, the department shall inspect and maintain supervision over\nall public and private facilities or agencies whether state, county,\nmunicipal, incorporated or not incorporated which are in receipt of\npublic funds, which are of a charitable, eleemosynary, correctional or\nreformatory character, including facilities or agencies exercising\ncustody of dependent, neglected, abused, maltreated, abandoned or\ndelinquent children, agencies engaged in the placing-out or boarding-out\nof children as defined in section three hundred seventy-one of this\nchapter, homes or shelters for unmarried mothers, residential programs\nfor victims of domestic violence as defined in subdivision five of\nsection four hundred fifty-nine-a of this chapter and adult care\nfacilities.\n  2. Upon inspection of any facility subject to the inspection and\nsupervision of the department pursuant to subdivision one of this\nsection, inquiry may be made to ascertain:\n  (a) whether the objectives of the facility or agency are being\naccomplished;\n  (b) whether all applicable provisions of law and regulations of the\ndepartment are being fully complied with;\n  (c) the general management and financial condition of the facility,\nincluding any sources of public funds received;\n  (d) its methods of and equipment for scholastic and career education,\nand whether the same are best adapted to the needs of the residents and\nbeneficiaries;\n  (e) its methods of administration;\n  (f) its methods of and equipment for providing care, medical\nattention, treatment and discipline of its residents and beneficiaries,\nand whether the same are best adapted to the needs of the residents and\nbeneficiaries;\n  (g) the qualifications and general conduct of its officers and\nemployees;\n  (h) the condition of its grounds, buildings and other property; and\n  (i) any other matter connected with or pertaining to its usefulness\nand good management or to the interests of its residents or\nbeneficiaries.\n  2-a. Special procedures relating to abuse and neglect of vulnerable\npersons. (a) If the report of an investigation of abuse or neglect is\nsubstantiated in accordance with article eleven of this chapter, the\ndirector or operator of a residential facility or program shall submit\nto the department, within ten business days of receipt of notice of the\nsubstantiated report, a written plan of prevention and remediation to be\ntaken with respect to the subject of such report to protect the\ncontinued health, safety and welfare of the service recipients and\nprovide for the prevention of future acts of abuse or neglect. The\ndepartment shall approve or disapprove such plan and specify necessary\nrevisions within ten days of its receipt and shall monitor its\nimplementation pursuant to the provisions of this chapter.\n  (b) In the event an investigation of a report of alleged abuse or\nneglect determines that a preponderance of evidence of abuse or neglect\nexists and such abuse or neglect may be attributed in whole or in part\nto noncompliance by the facility or program with provisions of this\nchapter or regulations of the department applicable to the operation of\nsuch residential facility or program, the director or operator of such\nfacility or program shall, in consultation with officials of the\ndepartment responsible for the approval of operating certificates and\nfor monitoring the provision of protective services to service\nrecipients, develop a plan of prevention and remediation which shall be\nsubmitted to and approved by the department in accordance with time\nlimits established by regulations of the department. Implementation of\nsuch plan shall be jointly monitored by officials of the department\nresponsible for the approval of operating certificates and for\nmonitoring the provision of protective services to service recipients.\nIn reviewing the continuing qualification of a residential facility or\nprogram for an operating certificate, the department shall evaluate such\nfacility's or program's compliance with plans of prevention and\nremediation developed and implemented pursuant to this section.\n  (c) Development and implementation of plans pursuant to this section\nshall, to the extent possible, be coordinated with remediation plans\nrequired by local social services districts.\n  3. With respect to any corporation heretofore or hereafter formed by a\nspecial act or under a general law, or any unincorporated organization,\ninstitution, facility or agency, which actually engages in any of the\naforementioned works but which is not in receipt of public funds, the\ndepartment is authorized to inspect and supervise with respect to the\nhealth, safety, treatment and training of its residents, or of the\nchildren under its custody.\n  4. The commissioner or any official so authorized by him may conduct\nany inquiry pursuant to the authority of section thirty-four of this\nchapter, in relation to any matter arising out of an inspection\nperformed pursuant to this title. Any officer or duly authorized\nemployee shall have full access to the grounds, buildings, books and\npapers relating to any such facility or agency and may require from the\nofficers and persons in charge thereof any information he may deem\nnecessary in the discharge of his duties. The department may establish\nrules according to which, and provide blanks and forms upon which, such\ninformation shall be furnished, in a clear, uniform and prompt manner.\n  5. Any officer, superintendent or employee of any such facility or\nagency who shall intentionally refuse to admit any officer or inspector\nof the department for the purpose of inspection, or shall intentionally\nrefuse or fail to furnish the information required by the department or\nany officer or inspector, shall be guilty of a misdemeanor.\n  6. The rights and powers conferred by this section may be enforced by\nan order of the supreme court after notice and hearing, or by indictment\nby the grand jury of the county, or both.\n  7. The inspection and supervision powers and duties of the\ncommissioner as established by this section may, in the case of any\nfamily type home for adults with a capacity of four or less, be\ndelegated in whole or in part, to the local commissioner of the social\nservices district in which such facility is located, and such local\ncommissioner shall make reports regarding such facility in such form and\nmanner and at such time as the department regulations may require.\n
N.Y. EDN Law § 563 — New York Code / Act EDN / Title 1 / Article 12-A / Section 563
Commissioner; powers
Status: in_force

§ 563. Commissioner; powers.  The commissioner shall have\nresponsibility for the administration of the program created by this\narticle and may promulgate such regulations as are necessary to carry\nout the provisions of this article.  The amount required to be paid\nunder the provisions of this article shall be payable on order and\nwarrant of the comptroller on vouchers certified or approved by the\ncommissioner in the manner provided by law.\n
N.Y. RPT Law § 720 — New York Code / Act RPT / Article 7 / Title 1 / Section 720
Action by court upon the pleadings
Status: in_force

§ 720. Action by court upon the pleadings. 1. (a) If the court\ndetermines from the pleadings for any of the reasons alleged in the\npetition that the assessment being reviewed is unlawful it shall order\nthe assessment stricken from the roll or where appropriate entered on\nthe exempt portion of the roll.\n  (b) If the court determines that the assessment being reviewed is\nexcessive or unequal, it shall order a revised assessment of the real\nproperty of the petitioner or the correction of the assessment upon the\nroll, in whole or in part, in such manner as shall be in accordance with\nlaw or as shall make it conform to other assessments upon the same roll\nand secure equality of assessment, provided, however, that except in\ncities with a population of one million or more an assessment may not be\nordered reduced to an amount less than that requested by the petitioner\nin a petition or any amended petition verified pursuant to section seven\nhundred six of this title. If the real property is partially exempt from\ntaxation, and the order does not specify how much of the total assessed\nvalue, as determined by the court, is exempt from taxation, the\nexemption shall be reduced so as to preserve the ratio of taxable\nassessed value to the total assessed value that existed on the final\nassessment roll.\n  (c) If the court determines that the real property is misclassified,\nit shall order the correction of the class designation upon the roll.\n  2. If it appears to the court that testimony is necessary for the\nproper disposition of the matter, it shall take evidence or appoint a\nreferee to take such evidence as it may direct. The referee shall report\nto the court his findings of fact and conclusions of law and the\nevidence upon which it is based, which shall constitute a part of the\nproceedings upon which the determination of the court shall be made. The\nreport of the referee and the decision or final order of the court\nfinding the value of the property and the proper assessment thereof\nshall contain the essential facts found upon which the ultimate finding\nof facts is made.\n  3. (a) For the purposes of this subdivision:\n  (1) "Major type of property" in special assessing units for\nassessments on rolls completed before January first, nineteen hundred\neighty-two and in other than special assessing units means each of the\nfollowing:\n  (i) residential: all one, two and three family residential real\nproperty including such dwellings used in part for non-residential\npurposes but which are used primarily for residential purposes, except\nsuch property held in cooperative or condominium forms of ownership\nprovided, however, that in any approved assessing unit which has adopted\nthe provisions of section nineteen hundred three of this chapter the\nresidential type shall be the homestead class as defined in this\nchapter;\n  (ii) farm, forest and vacant: all real property used primarily for\nagricultural or forestry purposes and all real property which contains\nno significant improvement;\n  (iii) public utility: all real property primarily used for the\nprovision to the public of communications or transportation services,\nelectric power, water or gas;\n  (iv) all other: all real property not included in any other major\ntype.\n  (2) "Major type of property" in special assessing units, for\nassessments on rolls completed after December thirty-first, nineteen\nhundred eighty-one, shall mean classes one, two, three and four as\ndefined in subdivision one of section eighteen hundred two of this\nchapter.\n  (3) "Stratified random sample" means the sorting of all taxable\nparcels except public utility property, on the assessment roll to be\nused for the selection of parcels, into a number of mutually exclusive\ncategories each of which is sampled independently in such a manner that\neach parcel in each such category shall have an equal opportunity to be\nselected.\n  (b) Evidence on the issue of whether an assessment is unequal shall be\nlimited to the following as hereinafter provided.\n  (1) By the selected parcels method as determined by stratified random\nsample.\n  The parties shall mutually agree on the methods of stratification,\ncomputation of ratio and selection of the parcels to be appraised, the\nnumber of such parcels and the number of witnesses to be heard with\nrespect to such issue. Such parcels shall be selected so as to\nconstitute a stratified random sample of all locally assessed taxable\nparcels on the assessment roll containing the assessment under review or\nthe latest assessment roll sampled by the board in establishing the\nstate equalization rate for such roll; provided, however, for\nassessments on rolls completed after December thirty-first, nineteen\nhundred eighty-one, in special assessing units such parcels shall\nconstitute a stratified random sample of all locally assessed taxable\nproperty in the major type of property in which the property under\nreview is classified; provided further, however, for assessment rolls\ncompleted after December thirty-first, nineteen hundred eighty-one, in\nspecial assessing units public utility property shall be sampled as the\nparties agree, or if the parties fail to agree, as the court directs. In\nspecial assessing units for assessment rolls completed prior to January\nfirst, nineteen hundred eighty-two and in other than special assessing\nunits public utility property shall be added to the parcels selected for\nthe stratified random sample when such property is a significant portion\nof the total locally assessed taxable assessed value of the assessing\nunit; in such case, representative parcels shall be agreed upon by the\nparties or selected by the court if no such agreement is reached. In the\nevent that proceedings for more than one year are consolidated for\ntrial, evidence may be introduced to adjust the ratio derived from the\nselected parcels provided for in this subdivision so as to make such\nratio applicable to the other assessment rolls included in such\nconsolidation. For the purpose of this subdivision, stratification shall\nbe based on major type of property and assessed value within each such\nmajor type; provided however, that for assessments on rolls completed\nafter December thirty-first, nineteen hundred eighty-one, in special\nassessing units stratification shall be based on the assessed value of\nparcels within the major type of property in which the assessment under\nreview is classified. Nothing in this subdivision shall prevent the\nparties from agreeing, with approval of the court, to any other method\nof stratification in place of or in addition to major type of property\nor assessed value of property. Stratification shall be made in\naccordance with the information contained on the assessment roll from\nwhich the parcels to be appraised are to be selected. The assessment\nunder review shall be excluded from the stratification and the sample.\n  In addition to the selected parcels, additional parcels shall be\nselected in the same manner for use as substitutes for selected parcels\nfor which the parties agree that an appraisal cannot be made. If the\nparties fail to agree on the feasibility of appraising a selected parcel\nor an appropriate substitute the court shall make such determinations.\n  In the event the parties fail to agree on such methods or selected\nparcels or on the number of witnesses, upon application of either party\nthe court or referee shall select a qualified expert, who shall devise\nsuch methods and select the parcels to be appraised, or shall determine\nthe number or witnesses, or both, as the case may be. Before any\ntestimony is given by either party as to the value of such parcels, each\nparty shall simultaneously file with the court or referee, on a date\nfixed by the court or referee, a written statement or tabulation of the\nappraised values placed upon such parcels by the witnesses of the\nrespective parties, and each party shall serve on the other at the same\ntime a copy of such statement or tabulation of values stated by his\nwitnesses.\n  (2) By actual sales of real property within the assessing units that\noccurred during the year in which the assessment under review was made:\n  (3) By other methods.\n  The parties shall be limited in their proof on the trial of such issue\nto such parcels and witnesses, except that in any event, whether or not\nparcels are selected as hereinabove provided, evidence may be given by\neither party as to the following:\n  (a) in all assessing units other than special assessing units as\ndefined in section eighteen hundred one of this chapter, the state\nequalization rate established for the roll containing the assessment\nunder review;\n  (b) in all special assessing units as defined in section eighteen\nhundred one of this chapter, only for proceedings commenced with respect\nto assessment rolls completed prior to January first, nineteen hundred\neighty-two, the latest applicable equalization rate established for the\nroll containing the assessment under review; or\n  (c) in all special assessing units as defined in section eighteen\nhundred one of this chapter, only for proceedings commenced with respect\nto assessment rolls completed after December thirty-first, nineteen\nhundred eighty-one, the latest applicable class ratio established for\nthe roll containing the assessment under review; or\n  (d) in all assessing units, the uniform percentage of value stated on\nthe tax bill for the roll containing the assessment under review.\n  4. Notwithstanding the enactment of a local law as provided in\nsubdivision three of section fourteen hundred two of this chapter, a\nvillage shall be deemed an assessing unit for purposes of this section.\n
N.Y. ENV Law § 29-0103 — New York Code / Act ENV / Article 29 / Title 1 / Section 29-0103
Siting criteria for permanent disposal facilities
Status: in_force

§ 29-0103. Siting criteria for permanent disposal facilities.\n  1. No later than July thirty-first, nineteen hundred eighty-seven, the\ndepartment shall publish draft regulations which specify the criteria\nfor siting permanent disposal facilities and shall promulgate final\nregulations no later than December thirty-first, nineteen hundred\neighty-seven. Such regulations shall be specific to the types of\ndisposal methods which may be employed at a permanent disposal site and\nshall include criteria for:\n  a. above ground, engineered, monitored disposal;\n  b. underground mined repository disposal; and\n  c. where practicable, other disposal methods for which there are\napplicable regulations but in no event including shallow land burial.\n  Such regulations shall specify the minimum characteristics a disposal\nsite and a disposal method must have under existing federal and state\nlaw to be acceptable for use for permanent disposal facilities.\n  2. The department shall hold hearings on the proposed siting criteria\nregulations.\n  3. In adopting the siting criteria regulations the department shall\nnot be subject to the requirements of sections two hundred two-a, two\nhundred two-b and two hundred two-c of the state administrative\nprocedure act.\n
N.Y. ENV Law § 49-0113 — New York Code / Act ENV / Article 49 / Title 1 / Section 49-0113
Thirty by thirty conservation goal
Status: in_force

* § 49-0113. Thirty by thirty conservation goal.\n  1. It shall be the goal of the state to support and contribute to\nnational efforts to conserve at least thirty percent of United States\nlands and inland waters and at least thirty percent of United States\nocean areas by the year two thousand thirty.\n  2. The department in consultation with the commissioner of the office\nof parks, recreation and historic preservation, shall develop strategies\nand a methodology to achieve the goal, including but not limited to:\n  (a) coordination with the state land acquisition plan;\n  (b) prioritizing protections for water sources and sole source\naquifers, including wetlands protections;\n  (c) protections and restoration projects for preserving and increasing\nbiodiversity, including habitat restoration, with a focus on habitats of\nendangered and threatened species including resilient and connected\nlands and corridors providing means for wildlife migration and\nhabitation;\n  (d) expanding access to nature and nature's benefits and equitable\noutdoor access in communities in every region;\n  (e) consideration of a broad range of landscapes including urban,\nsuburban and rural natural areas, wetlands, forests, and watersheds;\n  (f) consideration of the state's economic sustainability, including\npreservation of food security and consultation with the department of\nagriculture and markets on issues related to farmland preservation of\nworking lands;\n  (g) increasing climate resilience, including reducing risk from\nextreme weather events including cooling urban landscapes and natural\nsolutions to prevent erosion and flooding;\n  (h) collaboration with federal and state research institutions to\nutilize innovative scientific observation technology to better\nunderstand the state's conservation needs and biodiversity and threats\nthereto;\n  (i) implementing actions in a manner that includes consideration of\nthe urgency of meeting the goal while still preserving public input and\ninvolvement;\n  (j) collaboration with tribal partners to incorporate tribal expertise\nand traditional ecological knowledge to better understand the state's\nconservation needs and biodiversity and threats thereto; and\n  (k) participating in regional, national, and international efforts to\nadvance biodiversity protection, including preventing extinctions.\n  3. Conservation measures shall be undertaken in ways that serve all\ncommunities, including low-income, disadvantaged and vulnerable\ncommunities, including by ensuring meaningful opportunities for public\ninput and involvement.\n  4. The department shall post the draft strategies and methodology\ndeveloped to meet the goal no later than July first, two thousand\ntwenty-four and hold at least one public hearing thereon. The department\nshall post the final goal strategies and methodology on its website.\n  5. The department shall maintain and, at least annually, update its\nwebsite to provide information with regard to the implementation and\nstatus of the goal.\n  * NB Repealed January 1, 2031\n
N.Y. PAB Law § 2 — New York Code / Act PAB / Title 1 / Section 2
Definitions
Status: in_force

* § 2. Definitions. As used in this act, unless the context requires\notherwise:\n  1. "Bonds" means bonds, notes or other obligations.\n  2. "Carryforward" means an amount of unused private activity bond\nceiling available to an issuer pursuant to an election filed with the\ninternal revenue service pursuant to section 146(f) of the code.\n  3. "Code" means the internal revenue code of 1986, as amended.\n  4. "Commissioner" means the commissioner of the New York state\ndepartment of economic development.\n  5. "Covered bonds" means those tax exempt private activity bonds and\nthat portion of the non qualified amount of an issue of governmental use\nbonds for which an allocation of the statewide ceiling is required for\nthe interest earned by holders of such bonds to be excluded from the\ngross income of such holders for federal income tax purposes under the\ncode.\n  6. "Director" means the director of the New York state division of the\nbudget.\n  7. "Issuer" means a local agency, state agency or other issuer.\n  8. "Local agency" means an industrial development agency established\nor operating pursuant to article 18-A of the general municipal law, the\nTroy industrial development authority and the Auburn industrial\ndevelopment authority.\n  9. "Other issuer" means any agency, political subdivision or other\nentity, other than a local agency or state agency, that is authorized to\nissue covered bonds.\n  10. "Qualified small issue bonds" means qualified small issue bonds,\nas defined in section 144(a) of the code.\n  11. "State agency" means the state of New York, New York state energy\nresearch and development authority, New York job development authority,\nNew York state environmental facilities corporation, New York state\nurban development corporation and its subsidiaries, Battery Park city\nauthority, port authority of New York and New Jersey, power authority of\nthe state of New York, dormitory authority of the state of New York, New\nYork state housing finance agency, state of New York mortgage agency,\nand any other public benefit corporation or public authority designated\nby the governor for the purposes of this act.\n  12. "Statewide ceiling" means for any calendar year the highest state\nceiling (as such term is used in section 146 of the code) applicable to\nNew York state.\n* NB Repealed January 1, 1991\n
N.Y. VAT Law § 110 — New York Code / Act VAT / Title 1 / Article 1 / Section 110
Crosswalk
Status: in_force

§ 110. Crosswalk.  (a) That part of a roadway at an intersection\nincluded within the connections of the lateral lines of the sidewalks on\nopposite sides of the highway between the curbs or, in the absence of\ncurbs, between the edges of the traversable roadway.\n  (b) Any portion of a roadway at an intersection or elsewhere\ndistinctly indicated for pedestrian crossing by lines or other markings\non the surface.\n
N.Y. RPT Law § 406 — New York Code / Act RPT / Article 4 / Title 1 / Section 406
Municipal corporations
Status: in_force

§ 406. Municipal corporations. 1. Real property owned by a municipal\ncorporation within its corporate limits held for a public use shall be\nexempt from taxation and exempt from special ad valorem levies and\nspecial assessments to the extent provided in section four hundred\nninety of this chapter.\n  2. Real property owned by a municipal corporation not within its\ncorporate limits while used for the provision of fire protection\nservices provided that some fire protection services are available to\nthe municipal corporation in which the real property is located, for a\npublic park, public aviation field, highway or for flood control and\nsoil conservation purposes as provided in section two hundred\ntwenty-three of the county law shall be exempt from taxation by any\nmunicipal corporation in which it is located, provided the governing\nboard thereof shall so agree in writing.\n  3. Real property owned by a municipal corporation not within its\ncorporate limits while used as a sewage disposal plant or system,\nincluding necessary connections and appurtenances, or real property\nowned by a municipal corporation having a population of less than one\nhundred thousand or a population of two hundred twenty-five thousand or\nmore but less than three hundred thousand used as a water plant, pumping\nstation, water treatment plant, water shed or reservoir, including\nnecessary connections and appurtenances shall be wholly or partially\nexempt from taxation and wholly or partially exempt from special ad\nvalorem levies and special assessments, by any municipal corporation in\nwhich located, provided the governing board thereof shall so agree in\nwriting.\n  4. The aqueducts which are a part of the water supply system of the\ncity of New York shall be entitled to the exemption provided by law.\n  5. Real property owned by a municipal corporation acquired by tax\ndeed, by referee's deed in tax foreclosure, pursuant to article eleven\nof this chapter or pursuant to a deed made in lieu of tax foreclosure\nshall be deemed to be held by it for a public use for a period of three\nyears from the date of the deed and during such period shall be exempt\nfrom taxation and special ad valorem levies, but shall be liable for\ntaxes for school purposes and special assessments. Any such property\nfrom which a municipal corporation is receiving revenue on the date of\ntaxable status, however, shall not be so exempt.\n  6. County reforested lands shall be entitled to the exemption provided\nin the county law.\n  7. Real property owned by a municipal corporation on January first,\nnineteen hundred sixty-eight outside the boundaries of the municipal\ncorporation shall be exempt from taxation where: (a) such property is\nused for public aviation purposes; and (b) is served by three or more\nmajor passenger air carriers; and (c) payments in lieu of real property\ntaxes are paid in accordance herewith. The owning municipal corporation\nshall make payments in lieu of real property taxes to the county, town,\nschool districts and villages in which it is located in an amount which\nwill not be less than the amount of taxes finally determined to be\npayable pursuant to the law in effect on the effective date of this act\nor any agreement in effect on the effective date of this act made\npursuant to law. The owning municipal corporation is hereby authorized\nand empowered to make payments in lieu of real property taxes in excess\nof the amounts required by this subdivision.\n  8. Real property owned by a municipal corporation not within its\ncorporate limits while used for a municipal electrical generation and\ndistribution system, including necessary connections and appurtenances,\nshall be wholly or partially exempt from taxation and wholly or\npartially exempt from special ad valorem levies and special assessments,\nby any municipal corporation in which located, provided the governing\nboard thereof shall so agree in writing.\n
N.Y. EDN Law § 631 — New York Code / Act EDN / Title 1 / Article 13-B / Section 631
Rules and regulations
Status: in_force

§ 631. Rules and regulations. The commissioner and the department\nshall promulgate rules and regulations necessary for the implementation\nof this article.\n
N.Y. ELD Law § 217-A — New York Code / Act ELD / Article 2 / Title 1 / Section 217-A
Long term care insurance education and outreach program
Status: in_force

* § 217-a. Long term care insurance education and outreach program. 1.\nFor the purposes of this section, the term "long term care insurance\nresource center" shall mean a project within an area agency on aging\nfunded pursuant to this section that provides direct assistance to the\ngeneral public in choosing and obtaining long term care insurance.\n  2. The commissioner of health, in consultation with the director of\nthe office for the aging and the superintendent of financial services,\nis hereby authorized and directed, within amounts allocated therefor\npursuant to paragraph (qq) of subdivision one of section twenty-eight\nhundred seven-v of the public health law, to establish a long term care\ninsurance education and outreach program within the department of health\nfor the purpose of informing and educating the general public about long\nterm care insurance, including those policies that are available through\nthe partnership for long term care program.\n  3. The commissioner of health, the superintendent of financial\nservices and the director of the office for the aging shall appoint a\nstate program coordinator to implement, administer and supervise the\nlong term care insurance education and outreach program, and coordinate\nthe development of the educational and informational materials. The\nstate program coordinator shall be an employee of the office for the\naging who shall be selected from among individuals with expertise and\nexperience in the fields of long term care insurance, and with other\nqualifications determined by the commissioner of health, the\nsuperintendent of financial services and the director of the office for\nthe aging to be appropriate for the position. The state program\ncoordinator shall, within amounts available, personally or through\nauthorized representatives, be responsible for training staff persons of\nthe program, including staff persons of the long term care insurance\nresource centers, and shall provide for the collection and dissemination\nof timely and accurate long term care insurance information to said\nstaff persons.\n  4. The long term care insurance education and outreach program shall,\nwithin amounts available, consist of the following elements which shall\nbe provided by the office for the aging:\n  (a) educational and informational materials in print, audio, visual,\nelectronic or other media;\n  (b) public service announcements, advertisements, media campaigns,\nworkshops, mass mailings, conferences or presentations;\n  (c) establishment of a toll-free telephone hotline and electronic\nservices to provide information; and\n  (d) establishment of long term care insurance resource centers within\neach area agency on aging.\n  5. Long term care insurance resource centers shall, within amounts\navailable, provide the general public with the following items or\nservices:\n  (a) educational and informational materials in print, audio, visual,\nelectronic or other media;\n  (b) public service announcements, advertisements, media campaigns,\nworkshops, mass mailings, conferences or presentations; and\n  (c) counseling, information, referral services, and direct assistance\nin choosing and obtaining long term care insurance. Direct assistance\nshall, within amounts available, include but not be limited to\nassistance with the following:\n  (i) planning for the financing of long term care;\n  (ii) understanding policy options, benefits and appeal rights;\n  (iii) obtaining the coverage needed and the appropriate benefits; and\n  (iv) avoiding or reporting illegal billing, fraudulent practices or\nscams.\n  Each long term care insurance resource center shall be responsible,\nwithin amounts available, for providing a sufficient number of staff\npositions (including volunteers) necessary to provide and carry out the\nservices of the long term care insurance education and outreach program,\nprovided that at least one position shall be filled by an individual who\nis employed full time and paid by the area agency on aging. The long\nterm care insurance resource center shall be responsible for ensuring\nthat its staff persons have no conflict of interest in providing the\nservices described in subdivision four of this section.\n  6. Annually, in order to receive funding, each area agency on aging\nshall submit a service plan and proposed budget for the operation of a\nlong term care insurance resource center to the state program\ncoordinator for approval. An area agency on aging shall be eligible to\nreceive funds in an amount of up to fifty thousand dollars, except that\nan area agency on aging located within a city of one million or more\nshall be eligible to receive funds in an amount of up to one hundred\nthousand dollars.\n  7. The department of health shall produce, post on its website, make\navailable to others for reproduction, or contract with others to develop\nsuch materials required by this section. The material produced pursuant\nto this section shall be culturally and linguistically appropriate for\nthe communities served by the long term care insurance resource centers.\nThese materials shall be made available to the public free of charge.\n  8. In exercising any of their powers under this section, the\ncommissioner of health and/or the director of the office for the aging\nmay consult with appropriate agencies, organizations, and consumers and\nproviders of long term care insurance or organizations representing\nthem.\n  9. In addition to state funds allocated for programs under this\nsection, the commissioner of health and/or the director of the office\nfor the aging may accept funding from public sources for these programs,\nand may undertake joint or cooperative programs with other public\nentities or a private not-for-profit corporation which is neither a\nprovider or regulator of long term care insurance, or an affiliate or\nunit of such agency or corporation.\n  10. The commissioner of health, the director of the office for the\naging and the superintendent of financial services shall issue an annual\nreport to the governor, the speaker of the assembly, and the temporary\npresident of the senate. Such report shall contain, at a minimum, the\nfollowing information: the number of individuals who have received\ncounseling and assistance by the long term care insurance education and\noutreach program, their ages and their occupations; whether these\nindividuals have purchased a long term care insurance policy, and if so,\nthe policy that was purchased; a description of all of the services,\nincluding counseling, education and outreach services, being provided by\nthe long term care education and outreach program, broken down by\ncounty; the activities used to promote the partnership for long term\ncare program; and a description of the long term care education and\noutreach program's funding sources and whether they are adequate. The\nreport shall also contain recommendations for targeting specific age\ngroups to buy long term care insurance, creating new methods of\npromoting the purchase of long term care insurance, and improving long\nterm care insurance products.\n  11. An area agency on aging may use up to five percent of the total of\nany funds provided to an area agency on aging pursuant to this section\nfor administration.\n  * NB Added Ch. 58/2004 Part B §23, language juxtaposed per Ch.\n642/2004 §12\n  * NB Section number supplied by the Legislative Bill Drafting\nCommission\n
N.Y. ENV Law § 21-0111 — New York Code / Act ENV / Article 21 / Title 1 / Section 21-0111
Inconsistent provisions
Status: in_force

§ 21-0111. Inconsistent provisions.\n  No provision of the Public Health Law and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Public Health Law,\nwhich is inconsistent with the provisions of the New England Interstate\nWater Pollution Control Compact shall be applicable to the New England\nInterstate Water Pollution Control Commission or to any matter governed\nby the New England Interstate Water Pollution Control Compact.\n
N.Y. PBA Law § 1020-H*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-H*2
Bonds and notes of the authority
Status: in_force

* § 1020-h. Bonds and notes of the authority. 1. The authority shall\nhave the power and is hereby authorized from time to time to issue bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any of its corporate purposes, including incidental expenses in\nconnection therewith, and to secure the payment of the same by the\npledge of the revenues of the authority or by lien on the property of\nthe authority. The authority shall have power from time to time whenever\nit deems refunding expedient, to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany of its corporate purposes. Bonds issued by the authority may be\ngeneral obligations secured by the faith and credit of the authority or\nmay be special obligations payable out of particular revenues or other\nmoneys of the authority as may be designated in the proceedings of the\nauthority under which the bonds shall be authorized to be issued,\nsubject only to any agreements with the holders of outstanding bonds\npledging any particular moneys, earnings or revenues.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or the state or any nongovernmental\ninsurer or financial institution any insurance, guaranty or other credit\nsupport device, to the extent now or hereafter available, as to, or for\nthe payment or repayment of interest or principal, or both, or any part\nthereof, on any bonds issued by the authority and to enter into any\nagreement or contract with respect to any such insurance or guaranty,\nexcept to the extent that the same would in any way impair or interfere\nwith the ability of the authority to perform and fulfill the terms of\nany agreement made with the holders of outstanding bonds of the\nauthority.\n  3. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times, except that\nbonds and any renewal thereof shall mature within forty years of the\ndate of their original issuance and notes and any renewal thereof shall\nmature within five years of the date of their original issuance, bear\ninterest at such rate or rates per annum payable at such times, be in\nsuch denominations, be in such form, carry such registration privileges,\nbe executed in such manner, be payable in such medium of payment at such\nplace or places and be subject to such terms and conditions, as such\nresolution or resolutions may provide. Such bonds of the authority may\nbe sold at public or private sale for such price or prices as the\nauthority shall determine, provided that no issue of bonds may be sold\nat private sale unless the terms of such sale shall have been approved\nin writing by (i) the comptroller, where such sale is not to such\ncomptroller, or (ii) the director of the budget, where such sale is to\nsuch comptroller. The foregoing provisions shall be applicable to bonds\nissued by the authority notwithstanding the provisions of any other\ngeneral, special or local law to the contrary.\n  4. Any resolution or resolutions of the authority authorizing any\nbonds or any issue of bonds may contain provisions, which may be a part\nof the contract with the holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of the authority,\ntogether with any other moneys, securities, contracts or property of the\nauthority to secure the payment of the bonds or of any issue of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the properties in connection with which such bonds are\nissued;\n  (e) limitations in the purposes to which the proceeds of sale of any\nissue of bonds may be applied and pledging such proceeds to secure the\npayment of the bonds or any issue of the bonds;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys of the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section one thousand twenty-i of this title,\nand limiting or abrogating the right of the bondholders to appoint a\ntrustee under such section or limiting the rights, duties and powers of\nsuch trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of its properties or any part thereof;\n  (m) limitations on the amount of moneys or revenues to be expended for\noperating, administrative or other expenses of the authority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depositary, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters, of like or different character, which may in\nany way affect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any of its properties and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys or\nproperties and the doing of any act, including refraining from doing any\nact, which the authority would have the right to do in the absence of\nsuch agreements. The authority shall have power to enter into amendments\nof any such agreements within the powers granted to the authority by\nthis title and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. Neither\nthe resolution nor any other instrument by which such pledge or security\ninterest is created nor any financing statement relating thereto need be\nrecorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members nor officers of the authority, nor any person\nexecuting the bonds shall be liable personally on the bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any funds available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch orginal note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or a bond resolution of the authority may contain. Such notes may\nbe sold at public or private sale for such price or prices as the\nauthority shall determine, provided that no issue of notes may be sold\nat private sale unless the terms of such sale shall have been approved\nin writing by (i) the comptroller, where such sale is not to such\ncomptroller, or (ii) the director of the budget, where such sale is to\nsuch comptroller.\n  * NB There are 2 § 1020-h's\n
N.Y. EDN Law § 476 — New York Code / Act EDN / Title 1 / Article 10-B / Section 476
Definitions
Status: in_force

§ 476. Definitions.  As used or referred to in this article, unless a\ndifferent meaning clearly appears from the context:\n  1. "Board" or "board of education" shall mean the board of education\nof the city of Yonkers.\n  2. "Bonds" and "notes" shall mean bonds and notes respectively, issued\nby the fund pursuant to this article.\n  3. "City" shall mean the city of Yonkers.\n  4. "City agency" shall mean any officer, administration, department,\nboard, commission, bureau, division, agency or instrumentality of the\ncity of Yonkers.\n  5. "Combined occupancy structure" shall mean any improvement on real\nproperty or any interests therein or thereto, including fee interests,\neasements, space rights or air rights, containing school accommodations\nor other facilities of the board of education of the city of Yonkers in\ncombination with other compatible and lawful non-school uses designed\nand intended to increase, from both a planning and an economic\nviewpoint, the efficient utilization of available land areas. A combined\noccupancy structure shall also include a structure in a project or\ndevelopment under the auspices of the fund wherein non-school portions\nof structures placed upon the overall site are not built in space rights\nover the school portion, so long as some part of the non-school portion\nis constructed over the school.\n  6. "Commissioner of education" shall mean the commissioner of\neducation of the state of New York.\n  7. "Corporation counsel" shall mean the corporation counsel of the\ncity of Yonkers.\n  8. "Developer" shall mean and include any private individual,\npartnership, trust or private or public corporation approved by the\nboard of education as being qualified and eligible to enter into one or\nmore leases, subleases or other agreements with the fund providing for\nthe construction, acquisition, reconstruction, rehabilitation or\nimprovement of one or more combined occupancy structures; which\nagreements shall be subject to approval by the board of education.\n  9. "Commissioner of finance" shall mean the commissioner of finance of\nthe city of Yonkers.\n  10. "Fund" shall mean the corporate governmental agency created by\nsection four hundred seventy-seven of this article.\n  11. "Governor" shall mean the governor of the state of New York.\n  12. "Letting agency" shall mean and include the board of education or\nany other city agency which by agreement with the fund is to award the\ncontracts for a particular construction, reconstruction, rehabilitation\nor improvement; or the fund itself, if it is to award such contracts.\n  13. "Mayor" shall mean the mayor of the city of Yonkers.\n  14. "Owner" shall mean and include any private individual,\npartnership, trust or private or public corporation, taking possession\nof the non-school portion of a combined occupancy structure pursuant to\na lease, sub-lease, conveyance or other agreement, or acquiring fee\ntitle to or a leasehold or other interest in such non-school portion.\n  15. "Planning commission" shall mean the planning commission of the\ncity of Yonkers.\n  16. "Real property" shall mean lands, waters, rights in lands or\nwaters, structures, franchises and interests in land, including air or\nspace rights, and any and all other things and rights usually included\nwithin the same term and includes also any and all interests in such\nproperty less than full title, such as easements permanent or temporary,\nrights-of-way, uses, leases, licenses and all other incorporeal\nhereditaments in every estate, interest or right, legal or equitable.\n  17. "School building" shall mean a separate structure entirely devoted\nto use and occupancy for public school purposes; including incidental\nand appurtenant recreational and other facilities.\n  18. "School portion" or "school portion of combined occupancy\nstructure" shall mean that portion of a combined occupancy structure\ndesigned, constructed, reconstructed, rehabilitated or improved for use\nand occupancy for public school purposes; including incidental and\nappurtenant recreational and other facilities.\n  19. "State" shall mean the state of New York.\n
N.Y. RPT Law § 902 — New York Code / Act RPT / Article 9 / Title 1 / Section 902
Lien date
Status: in_force

§ 902. Lien date. The amount of all taxes, special ad valorem levies\nand special assessments levied upon any parcel of real property by the\nboard of supervisors shall, except as otherwise expressly provided by\nlaw, be and become a lien thereon as of the first day of January of the\nfiscal year for which levied and shall remain a lien until paid.\n
N.Y. EDN Law § 1002 — New York Code / Act EDN / Title 1 / Article 21 / Section 1002
Definitions
Status: in_force

§ 1002. Definitions. As used in this article:\n  1. "Handicapped person" means any person who in the judgment of the\ndepartment is under a physical or mental disability which constitutes a\nsubstantial handicap to employment but which is of such a nature that\nvocational rehabilitation services may reasonably be expected to render\nhim fit to engage in gainful employment, and also any person under a\nphysical or mental disability which constitutes a substantial handicap\nto employment and for whom vocational rehabilitation services are\nnecessary to ascertain his rehabilitation potential.\n  2. "Person who is under a physical or mental disability" means an\nindividual who has a physical or mental condition which in the judgment\nof the department limits, contributes to limiting, or, if not corrected,\nwill result in limiting his activities or functioning.\n  3. "Substantial handicap to employment" means that a physical or\nmental disability (in the light of attendant medical, psychological,\nvocational, educational, cultural, social or environmental factors)\nimpedes an individual's occupational performance, by preventing his\nobtaining, retaining, or preparing for a gainful occupation consistent\nwith his capacities and abilities.\n  4. "Gainful occupation" includes any employment for which a\ncompensation is paid either in goods and/or in services; practice of a\nprofession; self-employment; homemaking, farm or family work (including\nwork for which payment is in kind rather than in cash); sheltered\nemployment; and home industries or other gainful homebound work.\n  5. "Vocational rehabilitation services" means:\n  a. Any goods and services necessary to render a handicapped person fit\nto engage in a gainful occupation and includes:\n  (1.) Evaluation, including diagnostic and related services;\n  (2.) Counseling and Guidance;\n  (3.) Training;\n  (4.) Placement;\n  (5.) Reader service where necessary for individuals who are visually\nhandicapped and interpreter services in the case of individuals who are\ndeaf;\n  (6.) Attendants and amanuenses where required;\n  (7.) Occupational and business licenses;\n  (8.) Books, training supplies and fees;\n  (9.) Transportation;\n  (10.) Physical restoration services;\n  (11.) Maintenance payments to cover the handicapped person's expenses\nessential to achievement of his vocational rehabilitation objective;\n  (12.) Tools, equipment, initial stocks and supplies;\n  (13.) Training allowances which may be paid to individuals receiving\ntraining and related services in public and other non-profit workshops\nand rehabilitation facilities to the extent that funds may be made\navailable for this purpose;\n  (14.) Other goods and services, not enumerated in this subdivision,\nnecessary to render a handicapped person fit to engage in a gainful\noccupation.\n  b. The establishment of public and other nonprofit rehabilitation\nfacilities for handicapped persons; the establishment of public and\nother nonprofit workshops for the severely handicapped; and the staffing\nof public and other nonprofit workshops for the severely handicapped so\nthat workshops may be established, extended, improved or continued.\n  6. "Physical restoration services" mean those medical and medically\nrelated services which are necessary to correct or substantially modify\nwithin a reasonable period of time a physical or mental condition which\nis stable or slowly progressive and which constitutes a substantial\nhandicap to employment, and includes (but is not limited to):\n  a. corrective surgery or therapeutic treatment;\n  b. necessary hospitalization in connection with surgery or treatment\nspecified in (a);\n  c. prosthetic devices essential to obtaining or retaining employment;\nand\n  d. other necessary medical or medically related services.\n  7. "Rehabilitation facility" means a facility, operated for the\nprincipal purpose of assisting in the rehabilitation of handicapped\npersons and\n  a. provides one or more than one of the following types of services:\n  1. prevocational or conditioning therapy;\n  2. adjustment training;\n  3. testing, fitting or training in the use of prosthetic devices;\n  4. physical or occupational therapy;\n  5. evaluation, treatment or control of special disabilities; or\n  b. through which is provided an integrated program of medical,\npsychological, social and vocational evaluation and services under\nappropriate professional supervision, provided that the major portion of\nsuch evaluation and services is furnished within the facility, and that\nall medical and related health services are prescribed by and are under\nthe supervision of persons licensed to practice medicine in the state.\n  8. "Workshop" means a place where any manufacture or handiwork is\ncarried on and which is operated for the principle purpose of providing\ngainful employment to severely handicapped persons (a) as an interim\nstep in the rehabilitation process for those who cannot be absorbed in\nthe competitive labor market; or (b) during such time as employment\nopportunities for them in the competitive labor market do not exist.\n  9. "Establishment of a workshop" or "rehabilitation facility" means:\n  a. In the case of a workshop, the expansion, remodeling, or alteration\nof existing buildings, necessary to adapt such buildings to workshop\npurposes or to increase the employment opportunities in workshops, and\nthe acquisition of initial equipment necessary for new workshops or to\nincrease the employment opportunities in workshops; and\n  b. In the case of a rehabilitation facility, the expansion,\nremodeling, or alteration of existing buildings, and initial equipment\nof such buildings, necessary to adapt such buildings to rehabilitation\nfacility purposes or to increase their effectiveness for such purposes\nand initial staffing thereof for a period not exceeding one year.\n  10. With respect to the construction of workshops and rehabilitation\nfacilities, the following definitions shall apply:\n  a. "Construction" includes construction of new buildings, acquisition\nof existing buildings, and expansion, remodeling, alteration, and\nrenovation of existing buildings, and initial equipment of such new,\nnewly acquired, expanded, remodeled, altered or renovated buildings;\n  b. The "cost" of construction may include the cost of architects' fees\nand acquisition of land in connection with construction, but does not\ninclude the cost of offsite improvements.\n  c. A "project for construction of a workshop" may include provisions\nfor residential accommodations to be used by and in conjunction with the\nrehabilitation of categories of handicapped individuals as may be\nhereafter designated.\n  11. "Supported employment" means paid competitive work performed by\nindividuals with severe disabilities who require intensive support\nservices to obtain such employment and extended support to sustain such\nemployment, and which is performed in an integrated setting which\nprovides regular interactions with individuals who do not have\ndisabilities, other than paid caregivers.\n  12. "Supported employment services" means support services needed by\nindividuals with severe disabilities to obtain and sustain supported\nemployment. Such term shall also include transitional employment\nservices for individuals with severe and persistent mental illness, as\ndefined by the commissioner in consultation with the commissioner of the\noffice of mental health.\n  13. "Paid competitive work", as used in the definition of supported\nemployment pursuant to subdivision eleven of this section means work\nthat is performed on a full-time or part-time basis, with a minimum\nexpectation of averaging at least twenty hours per week as an employment\ngoal, except that such requirement may be waived for good cause by the\ncommissioner, and for which an individual is compensated in accordance\nwith the federal fair labor standards act and the state department of\nlabor wage and hour regulations.\n  14. "Individuals with severe disabilities" means persons for whom\ncompetitive employment has either not traditionally occurred or has been\ninterrupted or intermittent as a result of having a permanent and\nsubstantially disabling physical, sensory, or mental condition.\n
N.Y. PBH Law § 2505-A — New York Code / Act PBH / Article 25 / Title 1 / Section 2505-A
Rights of breastfeeding mothers
Status: in_force

§ 2505-a. Rights of breastfeeding mothers. 1. The principles\nenunciated in subdivision three of this section are declared to be the\npublic policy of the state and a copy of such statement of rights shall\nbe posted conspicuously in a public place in each maternal health care\nfacility and child day care facility. For purposes of this section,\n"maternal health care provider" means a physician, midwife, or other\nauthorized practitioner attending a pregnant woman; and "maternal health\ncare facility" includes hospitals and freestanding birthing centers\nproviding perinatal services in accordance with article twenty-eight of\nthis chapter and applicable regulations.\n  2. The commissioner shall make available to every maternal health care\nprovider, maternal health care facility and child day care facility, on\nthe health department's website for the purpose of health care\nfacilities to include such rights in the maternity information leaflet\nas described in section twenty-eight hundred three-j of this chapter, a\ncopy of the statement of rights provided in subdivision three of this\nsection in the top six languages other than English spoken in the state\naccording to the latest available data from the U.S. Bureau of Census,\nand shall adopt any rules and regulations necessary to ensure that such\npatients are treated in accordance with the provisions of such\nstatement.\n  3. The statement of rights shall consist of the following:\n                 "Breastfeeding Mothers' Bill of Rights"\n  Choosing the way you will feed your new baby is one of the important\ndecisions you will make in preparing for your infant's arrival. Doctors\nagree that for most women breastfeeding is the safest and most healthy\nchoice. It is your right to be informed about the benefits of\nbreastfeeding and have your health care provider, maternal health care\nfacility and child day care facility encourage and support\nbreastfeeding. You have the right to make your own choice about\nbreastfeeding. Whether you choose to breastfeed or not you have the\nfollowing basic rights regardless of your race, creed, national origin,\nsexual orientation, gender identity or expression, or source of payment\nfor your health care. Maternal health care facilities have a\nresponsibility to ensure that you understand these rights. They must\nprovide this information clearly for you and must provide an interpreter\nif necessary. These rights may only be limited in cases where your\nhealth or the health of your baby requires it. If any of the following\nthings are not medically right for you or your baby, you should be fully\ninformed of the facts and be consulted.\n(1) Before You Deliver, if you attend prenatal childbirth education\nclasses provided by the maternal health care facility and all hospital\nclinics and diagnostic and treatment centers providing prenatal services\nin accordance with article 28 of the public health law you must receive\nthe breastfeeding mothers' bill of rights. Each maternal health care\nfacility shall provide the maternity information leaflet, including the\nBreastfeeding Mothers' Bill of Rights, in accordance with section\ntwenty-eight hundred three-i of the public health law to each patient or\nto the appointed personal representative at the time of prebooking or\ntime of admission to a maternal health care facility. Each maternal\nhealth care provider shall give a copy of the Breastfeeding Mothers'\nBill of Rights to each patient at or prior to the medically appropriate\ntime.\n  You have the right to complete information about the benefits of\nbreastfeeding for yourself and your baby. This will help you make an\ninformed choice on how to feed your baby.\n  You have the right to receive information that is free of commercial\ninterests and includes:\n  * How breastfeeding benefits you and your baby nutritionally,\nmedically and emotionally;\n  * How to prepare yourself for breastfeeding;\n  * How to understand some of the problems you may face and how to solve\nthem.\n(2) In The Maternal Health Care Facility:\n  * You have the right to have your baby stay with you right after birth\nwhether you deliver vaginally or by cesarean section. You have the right\nto begin breastfeeding within one hour after birth.\n  * You have the right to have someone trained to help you in\nbreastfeeding give you information and help you when you need it.\n  * You have the right to have your baby not receive any bottle feeding\nor pacifiers.\n  * You have the right to know about and refuse any drugs that may dry\nup your milk.\n  * You have the right to have your baby in your room with you 24 hours\na day.\n  * You have the right to breastfeed your baby at any time day or night.\n  * You have the right to know if your doctor or your baby's\npediatrician is advising against breastfeeding before any feeding\ndecisions are made.\n  * You have the right to have a sign on your baby's crib clearly\nstating that your baby is breastfeeding and that no bottle feeding of\nany type is to be offered.\n  * You have the right to receive full information about how you are\ndoing with breastfeeding and get help on how to improve.\n  * You have the right to breastfeed your baby in the neonatal intensive\ncare unit. If nursing is not possible, every attempt will be made to\nhave your baby receive your pumped or expressed milk.\n  * If you, or your baby, are re-hospitalized in a maternal care\nfacility after the initial delivery stay, the hospital will make every\neffort to continue to support breastfeeding, to provide hospital grade\nelectric pumps and rooming in facilities.\n  * You have the right to have help from someone specially trained in\nbreastfeeding support and expressing breast milk if your baby has\nspecial needs.\n  * You have the right to have a family member or friend receive\nbreastfeeding information from a staff member if you request it.\n(3) When You Leave The Maternal Health Care Facility:\n  * You have the right to printed breastfeeding information free of\ncommercial material.\n  * You have the right, unless specifically requested by you, and\navailable at the facility, to be discharged from the facility without\ndischarge packs containing infant formula, or formula coupons unless\nordered by your baby's health care provider.\n  * You have the right to get information about breastfeeding resources\nin your community including information on availability of breastfeeding\nconsultants, support groups and breast pumps.\n  * You have the right to have the facility give you information to help\nchoose a medical provider for your baby and understand the importance of\na follow-up appointment.\n  * You have the right to receive information about safely collecting\nand storing your breast milk.\n  * You have the right to breastfeed your baby in any location, public\nor private, where you are otherwise authorized to be. Complaints can be\ndirected to the New York State Division of Human Rights.\n  * You have a right to breastfeed your baby at your place of employment\nor child day care center in an environment that does not discourage\nbreastfeeding or the provision of breast milk.\n  * You have the right to take reasonable unpaid breaks at work so you\ncan pump breast milk for up to three years following childbirth under\nsection 206-c of the Labor Law. Your employer must make reasonable\nefforts to provide a room or other locations where you can express\nbreast milk in privacy. Your employer may not discriminate against you\nbased on your decision to express breast milk at work. Complaints can be\ndirected to the New York State Department of Labor.\n  All the above are your rights. If the maternal health care facility\ndoes not honor these rights you can seek help by contacting the New York\nstate department of health or by contacting the hospital complaint\nhotline or via email.\n  4. The commissioner shall make regulations reasonably necessary to\nimplement this section.\n
N.Y. RPT Law § 734 — New York Code / Act RPT / Article 7 / Title 1-A / Section 734
Refund of taxes resulting from small claims assessment review
Status: in_force

§ 734. Refund of taxes resulting from small claims assessment review.\n1. If in a final order in any proceeding under this title, it is\ndetermined that the assessment reviewed was excessive or unequal\npursuant to section seven hundred thirty of this title and ordered or\ndirected that the same be corrected and such order is not made in time\nto enable the assessors or other appropriate officer, board or body to\nmake a new or corrected assessment prior to the expiration of the\nwarrant for the collection of any tax or special ad valorem levy upon\nthe real property the assessment of which has been determined to be\nexcessive or unequal, then any amount at any time collected upon such\nexcessive or unequal assessments shall be refunded within ninety days of\nsuch decision in the same manner as provided for in section seven\nhundred twenty-six  of this chapter or as is otherwise provided by law\nwith respect to Nassau and Suffolk counties, provided, however, that no\napplication need be made by the petitioner for such refund. The notice\nof the hearing officer to the clerk of the tax district shall constitute\nan application for refund for the purpose of this section. Where a\nrefund is not made within ninety days, interest in the amount of one\npercent per month shall be added to the amount to be refunded for each\nmonth or part thereof in excess of ninety days and paid to the\npetitioner. Notwithstanding paragraph (a) or (b) of subdivision one of\nsection seven hundred twenty-six of this chapter, where an assessment\nreduction is not in excess of ten thousand dollars the amount of tax or\nother levy, including interest thereon, to be refunded shall be charged\nto the municipal corporation or special district by or on behalf of\nwhich they were levied; or as is otherwise provided by law with respect\nto Nassau and Suffolk counties.\n  2. In a city having a population of one million or more, the notice of\nthe hearing officer shall be mailed to the office of the city collector.\n
N.Y. ISC Law § 4904 — New York Code / Act ISC / Article 49 / Title 1 / Section 4904
Appeal of adverse determinations by utilization review agents
Status: in_force

§ 4904. Appeal of adverse determinations by utilization review agents.\n(a) An insured, the insured's designee and, in connection with\nretrospective adverse determinations, an insured's health care provider,\nmay appeal an adverse determination rendered by a utilization review\nagent.\n  (a-1) An insured or the insured's designee may appeal an\nout-of-network denial by a health care plan by submitting: (1) a written\nstatement from the insured's attending physician, who must be a\nlicensed, board certified or board eligible physician qualified to\npractice in the specialty area of practice appropriate to treat the\ninsured for the health services sought, that the requested\nout-of-network health service is materially different from the health\nservice the health care plan approved to treat the insured's health care\nneeds; and (2) two documents from the available medical and scientific\nevidence, that the out-of-network health service is likely to be more\nclinically beneficial to the insured than the alternate recommended\nin-network health service and for which the adverse risk of the\nrequested health service would likely not be substantially increased\nover the in-network health service.\n  (a-2) An insured or the insured's designee may appeal an\nout-of-network referral denial by a health care plan by submitting a\nwritten statement from the insured's attending physician, who must be a\nlicensed, board certified or board eligible physician qualified to\npractice in the specialty area of practice appropriate to treat the\ninsured for the health service sought, provided that: (1) the in-network\nhealth care provider or providers recommended by the health care plan do\nnot have the appropriate training and experience to meet the particular\nhealth care needs of the insured for the health service; and (2)\nrecommends an out-of-network provider with the appropriate training and\nexperience to meet the particular health care needs of the insured, and\nwho is able to provide the requested health service.\n  * (b) A utilization review agent shall establish an expedited appeal\nprocess for appeal of an adverse determination involving (1) continued\nor extended health care services, procedures or treatments or additional\nservices for an insured undergoing a course of continued treatment\nprescribed by a health care provider or home health care services\nfollowing discharge from an inpatient hospital admission pursuant to\nsubsection (c) of section four thousand nine hundred three of this\ntitle; (2) an adverse determination in which the health care provider\nbelieves an immediate appeal is warranted except any retrospective\ndetermination; or (3) potential court-ordered mental health and/or\nsubstance use disorder services pursuant to paragraph two of subsection\n(b) of section four thousand nine hundred three of this title. Such\nprocess shall include mechanisms which facilitate resolution of the\nappeal including but not limited to the sharing of information from the\ninsured's health care provider and the utilization review agent by\ntelephonic means or by facsimile. The utilization review agent shall\nprovide reasonable access to its clinical peer reviewer within one\nbusiness day of receiving notice of the taking of an expedited appeal.\nExpedited appeals shall be determined within two business days of\nreceipt of necessary information to conduct such appeal except, with\nrespect to inpatient substance use disorder treatment provided pursuant\nto paragraph three of subsection (c) of section four thousand nine\nhundred three of this title, expedited appeals shall be determined\nwithin twenty-four hours of receipt of such appeal. Expedited appeals\nwhich do not result in a resolution satisfactory to the appealing party\nmay be further appealed through the standard appeal process, or through\nthe external appeal process pursuant to section four thousand nine\nhundred fourteen of this article as applicable. Provided that the\ninsured or the insured's health care provider files an expedited\ninternal and external appeal within twenty-four hours from receipt of an\nadverse determination for inpatient substance use disorder treatment for\nwhich coverage was provided while the initial utilization review\ndetermination was pending pursuant to paragraph three of subsection (c)\nof section four thousand nine hundred three of this title, a utilization\nreview agent shall not deny on the basis of medical necessity or lack of\nprior authorization such substance use disorder treatment while a\ndetermination by the utilization review agent or external appeal agent\nis pending.\n  * NB Effective until January 1, 2027\n  * (b) A utilization review agent shall establish an expedited appeal\nprocess for appeal of an adverse determination involving (1) continued\nor extended health care services, procedures or treatments or additional\nservices for an insured undergoing a course of continued treatment\nprescribed by a health care provider or home health care services\nfollowing discharge from an inpatient hospital admission pursuant to\nsubsection (c) of section four thousand nine hundred three of this\ntitle; (2) an adverse determination in which the health care provider\nbelieves an immediate appeal is warranted except any retrospective\ndetermination; or (3) potential court-ordered mental health and/or\nsubstance-related and addictive disorder services pursuant to paragraph\ntwo of subsection (b) of section four thousand nine hundred three of\nthis title. Such process shall include mechanisms which facilitate\nresolution of the appeal including but not limited to the sharing of\ninformation from the insured's health care provider and the utilization\nreview agent by telephonic means or by facsimile. The utilization review\nagent shall provide reasonable access to its clinical peer reviewer\nwithin one business day of receiving notice of the taking of an\nexpedited appeal. Expedited appeals shall be determined within two\nbusiness days of receipt of necessary information to conduct such appeal\nexcept, with respect to inpatient substance-related and addictive\ndisorder treatment provided pursuant to paragraph three of subsection\n(c) of section four thousand nine hundred three of this title, expedited\nappeals shall be determined within twenty-four hours of receipt of such\nappeal. Expedited appeals which do not result in a resolution\nsatisfactory to the appealing party may be further appealed through the\nstandard appeal process, or through the external appeal process pursuant\nto section four thousand nine hundred fourteen of this article as\napplicable. Provided that the insured or the insured's health care\nprovider files an expedited internal and external appeal within\ntwenty-four hours from receipt of an adverse determination for inpatient\nsubstance-related and addictive disorder treatment for which coverage\nwas provided while the initial utilization review determination was\npending pursuant to paragraph three of subsection (c) of section four\nthousand nine hundred three of this title, a utilization review agent\nshall not deny on the basis of medical necessity or lack of prior\nauthorization such substance-related and addictive disorder treatment\nwhile a determination by the utilization review agent or external appeal\nagent is pending.\n  * NB Effective January 1, 2027\n  (c) A utilization review agent shall establish a standard appeal\nprocess which includes procedures for appeals to be filed in writing or\nby telephone. A utilization review agent must establish a period of no\nless than forty-five days after receipt of notification by the insured\nof the initial utilization review determination and receipt of all\nnecessary information to file the appeal from said determination. The\nutilization review agent must provide written acknowledgment of the\nfiling of the appeal to the appealing party within fifteen days of such\nfiling and shall make a determination with regard to the appeal within\nthirty days of the receipt of necessary information to conduct the\nappeal and, upon overturning the adverse decision, shall comply with\nsubsection (a) of section three thousand two hundred twenty-four-a of\nthis chapter as applicable. The utilization review agent shall notify\nthe insured, the insured's designee and, where appropriate, the\ninsured's health care provider, in writing of the appeal determination\nwithin two business days of the rendering of such determination.\n  The notice of the appeal determination shall include:\n  (1) the reasons for the determination; provided, however, that where\nthe adverse determination is upheld on appeal, the notice shall include\nthe clinical rationale for such determination; and\n  (2) a notice of the insured's right to an external appeal together\nwith a description, jointly promulgated by the superintendent and the\ncommissioner of health as required pursuant to subsection (e) of section\nfour thousand nine hundred fourteen of this article, of the external\nappeal process established pursuant to title two of this article and the\ntime frames for such external appeals. A utilization review agent shall\nhave procedures for obtaining an insured's, or insured's designee's,\npreference for receiving notifications, which shall be in accordance\nwith applicable federal law and with guidance developed by the\nsuperintendent. Written and telephone notification to an insured or the\ninsured's designee under this section may be provided by electronic\nmeans where the insured or the insured's designee has informed the\ninsurer in advance of a preference to receive such notifications by\nelectronic means. A utilization review agent shall permit the insured\nand the insured's designee to change the preference at any time. To the\nextent practicable, written and telephone notification to the insured's\nhealth care provider shall be transmitted electronically, in a manner\nand in a form agreed upon by the parties. The utilization review agent\nshall retain documentation of preferred notification methods and present\nsuch records to the superintendent upon request.\n  (d) Both expedited and standard appeals shall only be conducted by\nclinical peer reviewers, provided that any such appeal shall be reviewed\nby a clinical peer reviewer other than the clinical peer reviewer who\nrendered the adverse determination.\n  (e) Failure by the utilization review agent to make a determination\nwithin the applicable time periods in this section shall be deemed to be\na reversal of the utilization review agent's adverse determination.\n
N.Y. EDN Law § 605 — New York Code / Act EDN / Title 1 / Article 13 / Section 605
Academic performance awards
Status: in_force

§ 605. Academic performance awards. 1. Regents college scholarships.\nRegents college scholarships shall be awarded to students completing\ntheir high school programs for attendance in approved programs, on the\nbasis of nationally established competitive examinations.\n  a. County allocation. Twenty-five thousand such scholarships shall be\nawarded each year and shall be allocated to each county in the state in\nthe same ratio that the number of students residing in such county who\nwere graduated from approved high schools in the state during the school\nyear preceding the date of the examination for the award of such\nscholarships bears to the total number of students residing in the state\nwho were graduated from approved high schools in the state during such\nschool year; provided, that no county shall be allocated fewer than\nforty scholarships, except that Hamilton county shall be allocated no\nfewer than sixteen scholarships. In the event that a scholarship awarded\npursuant to this paragraph is declined by a student or for any reason\nrevoked by the commissioner or the president, its benefits shall lapse\nand there shall be no further payment or reawarding of such scholarship.\n  b. School allocation. If in any year the candidates who are graduates\nof a given approved high school in the state and who are awarded\nscholarships under paragraph a of this subdivision do not constitute at\nleast one person for every forty persons who were graduated from such\nschool during the school year preceding the date of the examination for\nthe award of such scholarships, then additional scholarships shall be\nawarded in such year in the number required to provide such allocation\nof scholarship awards for each such school, and such additional\nscholarships shall be awarded directly to candidates from each such\nschool in accordance with the provisions of section six hundred two of\nthis chapter. In the event that a scholarship awarded pursuant to this\nparagraph is declined by a student or for any reason revoked by the\ncommissioner or the president, its benefits shall lapse and there shall\nbe no further payment or reawarding of such scholarship.\n  2. Regents professional education in nursing scholarships. Regents\nprofessional education in nursing scholarships shall be awarded on the\nsame basis as regents college scholarships to students completing their\nhigh school programs for attendance in programs for the training of\nregistered professional nurses at colleges or schools approved by the\nregents. Eight hundred such scholarships shall be awarded each year.\nSuch scholarships shall be allocated to each county in the state in the\nsame ratio that the number of students residing in such county who were\ngraduated from approved high schools in the state during the school year\npreceding the date of the examination for the award of such scholarships\nbears to the total number of students residing in the state who were\ngraduated from approved high schools in the state during such school\nyear, provided, that no county shall be allocated fewer than four\nscholarships, except that Fulton and Hamilton counties shall each be\nallocated no fewer than two scholarships; provided, however, that no\ncounty shall be allocated fewer scholarships than such county received\nduring the year nineteen hundred seventy-two--nineteen hundred\nseventy-three.\n  3. Regents professional education in medicine or dentistry\nscholarships.  Regents professional education in medicine or dentistry\nscholarships shall be awarded annually, on a competitive basis, to\nstudents beginning professional study in medicine or dentistry. One\nhundred such scholarships shall be awarded annually, and shall be\nclassified and allocated in accordance with regents rules. The\nprovisions of this subdivision shall only apply to any recipient who\nreceives his or her first award payment prior to the nineteen hundred\neighty-five--nineteen hundred eighty-six academic year.\n  3-a. Regents professional education in optometry scholarships. Regents\nprofessional education in optometry scholarships shall be awarded\nannually, on a competitive basis, to students beginning professional\nstudy in optometry. Five such scholarships shall be awarded annually in\noptometry, and shall be classified and allocated in accordance with\nregents rules. The provisions of this subdivision shall only apply to\nany recipient who receives his or her first award payment prior to the\nnineteen hundred eighty-five--nineteen hundred eighty-six academic year.\n  3-b. Regents professional education in veterinary medicine\nscholarships.  Regents professional education in veterinary medicine\nscholarships shall be awarded annually, on a competitive basis, to\nstudents beginning professional study in veterinary medicine. Ten such\nscholarships shall be awarded annually in veterinary medicine, and shall\nbe classified and allocated in accordance with regents rules. The\nprovisions of this subdivision shall only apply to any recipient who\nreceives his or her first award payment prior to the nineteen hundred\neighty-five--nineteen hundred eighty-six academic year.\n  4. Regents physician shortage scholarships. At least thirty percent of\nthe regents professional education in medicine or dentistry scholarships\nawarded each year shall be awarded to students beginning or engaged in\nthe professional study in medicine who agree to practice medicine upon\ncompletion of their professional training in an area in New York state\ndesignated as having a shortage of physicians, provided, however, that\nto the extent that regents physician shortage scholarships are not\nawarded, such scholarships shall be awarded as regents professional\neducation in medicine and dentistry scholarships. The provisions of this\nsubdivision shall only apply to any recipient who receives his or her\nfirst award payment prior to the nineteen hundred eighty-five--nineteen\nhundred eighty-six academic year.\n  a. In selecting and certifying scholarship recipients under this\nsection, priority shall be accorded to applicants in the following\norder:\n  (1) first, to any applicant who (1) has a family income of six\nthousand dollars or less and (2) resides in an area designated as having\na shortage of physicians pursuant to paragraph c of this subdivision;\n  (2) second, to any applicant who has a family income of six thousand\ndollars or less;\n  (3) third, to any applicant who (1) has a family income of ten\nthousand dollars or less and (2) resides in an area designated as having\na shortage of physicians pursuant to paragraph c of this subdivision;\n  (4) fourth, to any applicant who has a family income of ten thousand\ndollars or less;\n  (5) fifth, to any other applicant.\n  b. With respect to recipients who have received award payments prior\nto the nineteen hundred eighty-two--nineteen hundred eighty-three\nacademic year, with such time as the commissioner shall by regulation\nprovide, a recipient of an award shall have practiced medicine in an\narea designated as having a shortage of physicians pursuant to paragraph\nd of this subdivision for that number of months calculated by\nmultiplying by nine the number of annual awards he received. If a\nrecipient fails to comply fully with such condition, the president shall\nbe entitled to recover from such recipient an amount which bears the\nsame ratio to (a) the aggregate of the amount of the awards received as\n(b) the number of months the recipient failed to comply with this\ncondition bears to the number of months he was obligated to comply with\nthis condition, together with interest at seven percent per annum\ncomputed from the date on which he completed his professional training\nand/or active military service. A recipient shall not be required to\ncomply with the provisions of this paragraph unless he shall have\nreceived a medical degree and any obligation to comply with such\nprovisions shall be cancelled upon his death. The regents shall make\nregulations to provide for the waiver or suspension of any financial\nobligation where compliance would involve extreme hardship.\n  c. The requirements of this paragraph shall apply to any recipient who\nreceives his or her first award payment commencing with the nineteen\nhundred eighty-two--nineteen hundred eighty-three academic year or\nsubsequently, and the requirements of paragraph (b) of this subdivision\nshall not apply to such recipients. Within such time as the commissioner\nshall by regulation provide, a recipient of an award shall have\npracticed medicine in an area designated as having a shortage of\nphysicians pursuant to paragraph (d) of this subdivision for that number\nof months calculated by multiplying by nine the number of annual awards\nreceived by the recipient. If a recipient fails to comply fully with\nsuch condition, the president shall be entitled to recover from such\nrecipient an amount determined by the formula:\n                              A = 2B (t-s)\n                                       t\nin  which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all awards paid to the recipient and  the  interest  on  such\namount which would be payable if at the times such awards were paid they\nwere  loans  bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated  services;\nand  "s"  is  the  number  of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to  recover  under\nthis paragraph shall be paid within the one year period beginning on the\ndate  that  the  recipient  failed  to  comply  with  this  condition. A\nrecipient shall not be required to comply with the  provisions  of  this\nparagraph  unless  he  or  she  shall have received a medical degree and\nuntil he or she shall have completed his or her  professional  training,\nor  active military service, or both. Any obligation to comply with such\nprovisions shall be cancelled upon  the  death  of  the  recipient.  The\ncommissioner  shall  make  regulations  to  provide  for  the  waiver or\nsuspension of any financial obligation where  compliance  would  involve\nextreme hardship.\n  d. The regents, after consultation with the commissioner of health,\nshall designate those areas of New York state which have a shortage of\nphysicians for the purposes of this subdivision and, should it be\nnecessary in selecting among the applicants, may establish relative\nrankings of those areas.\n  e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services or the recipient's current\nstatus, commencing the calendar year following graduation from medical\nschool and continuing until the recipient shall have completed, or it is\ndetermined he or she shall not be obligated to complete, the required\nservices. The corporation may also require recipient to file a report on\nhis or her current status prior to graduation during any calendar year\nin which an application for an additional award is not filed. If the\nrecipient shall fail to file any report required hereunder within thirty\ndays of written notice to the recipient, mailed to the address shown on\nthe last application for an award or last report filed, whichever is\nlater, the president of the corporation may impose a fine of up to one\nthousand dollars. The president shall have the discretion to waive the\nfiling of a report, excuse a delay in filing, or a failure to file a\nreport, or waive or reduce any fine imposed for good cause shown.\n  5. Regents scholarships for war veterans. Regents scholarships for war\nveterans shall be awarded on a competitive basis, for study beginning\nwith the college year nineteen hundred seventy-five--nineteen hundred\nseventy-six. Six hundred such scholarships shall be awarded in such year\nto veterans of the armed forces of the United States who have served on\nactive duty (other than for training) between October one, nineteen\nhundred sixty-one and March twenty-nine, nineteen hundred seventy-three,\nand who on the date by which applications are required to be submitted\n(a) have been released from such active duty on conditions not other\nthan honorable, or (b) have a qualifying condition, as defined in\nsection one of the veterans' services law, and have received a discharge\nother than bad conduct or dishonorable from such service, or (c) are\ndischarged LGBT veterans, as defined in section one of the veterans'\nservices law, and have received a discharge other than bad conduct or\ndishonorable from such service. Such scholarships shall be allocated to\neach county in the state in the same ratio that the number of legal\nresidents in such county, as determined by the most recent federal\ncensus, bears to the total number of residents in the state; provided,\nhowever, that no county shall be allocated fewer scholarships than such\ncounty received during the year nineteen hundred\nsixty-eight--sixty-nine.\n  6. Regents scholarships in Cornell University. a. Number. Cornell\nUniversity shall grant, on a competitive basis, tuition reducing\nscholarships, to be known as regents scholarships in Cornell University,\nin the total amount of at least thirty thousand dollars each year for\nnew freshman awards. At least one such scholarship shall be awarded\nannually for each senate district of the state.\n  b. Amount. Each such scholarship shall entitle the recipient to a\ncredit against tuition in any of the tuition paying divisions of Cornell\nUniversity for four years or five years, depending on the number of\nyears required for the baccalaureate. The tuition credit for each such\nscholarship shall be determined by Cornell University on the basis of\nthe financial status of the scholarship holder as related to the cost of\neducation at such university. No such scholarship shall reduce the\ntuition by less than one hundred dollars nor by more than one thousand\ndollars.\n  c. Eligible list. Such scholarships shall be awarded annually by\nCornell University in the order of merit to candidates who meet the\nrequirements for admission to Cornell University and whose names appear\non lists established as the result of competitive examinations prepared\nunder the direction of the commissioner of education. In the award of\nsuch scholarships, preference shall be given, where other qualifications\nare equal, to the children of those who have died in the military\nservice of the United States.\n  d. Statewide list. If a scholarship belonging to a senate district\nshall not be claimed by a resident thereof or if there be no resident of\nsuch senate district entitled to such a scholarship, any sum available\nfor a scholarship or scholarships for residents of such senate district,\ntogether with any unexpended balance of the total amount of thirty\nthousand dollars, shall be used to make awards to additional candidates\nin order of merit from a statewide list.\n  e. Report. A complete list of the names and addresses of the\nscholarship recipients, and the amount of tuition credit granted to\nthem, shall be filed by Cornell University with the commissioner and the\npresident not later than October first of each year.\n  7. Empire state challenger scholarships for teachers. Empire state\nchallenger scholarships for prospective elementary and secondary school\nteachers of mathematics or science or other fields of teacher shortage\nas identified by the commissioner on or after January first, nineteen\nhundred eighty-six, shall be awarded on a competitive basis as\ndetermined by the commissioner, for study beginning with the college\nyear nineteen hundred eighty-four--eighty-five or thereafter. a.\nTwenty-six such scholarships shall be awarded annually to residents of\neach judicial district as defined in section one hundred forty of the\njudiciary law, who enroll in a registered program for the preparation of\nteachers in such teacher shortage fields at any New York institution of\nhigher education. The commissioner shall to the extent practicable\nensure that recipients of such scholarships include individuals who are\nunrepresented or underrepresented in the respective disciplines.\n  b. Within such time as the commissioner by regulations provide, the\nrecipient of an award shall have taught in the field or fields for which\nthe scholarship was awarded in an elementary or secondary school in New\nYork state for that number of months calculated by multiplying by five\nthe number of annual awards granted to the recipient except that a\nrecipient who as of July first, nineteen hundred ninety-three has\nreceived fewer than three annual awards shall be exempt from such\nconditions. If a recipient fails to comply fully with such condition,\nthe president shall be entitled to recover from such recipient an amount\nwhich bears the same ratio to (i) the aggregate of the amount of the\nawards received as (ii) the number of months the recipient failed to\ncomply with this condition bears to the number of months the recipient\nwas obligated to comply with this condition, together with interest at\nten percent per annum computed from the date on which the recipient\ncompleted professional training. Such recovery may be made over such\nperiod of time as is prescribed by the president. Any obligation to\ncomply with such provisions shall be cancelled upon the recipient's\ndeath. The commissioner shall adopt regulations to provide for the\nwaiver or suspension of any financial obligation in whole or in part\nwhere compliance would involve severe hardship. In determining whether\nto grant such waiver or suspension, the commissioner may consider\nwhether the recipient failed to complete the registered program for the\npreparation of teachers or completed such program under financial\nhardship by reason of the discontinuance of funding for the award of\nscholarships pursuant to this subdivision.\n  7-a. New York state math and science teaching incentive program awards\npursuant to section six hundred sixty-nine-d of this title.\n  8. Empire state challenger fellowships for teachers.  a. Six hundred\nfifty Empire state challenger fellowships shall be awarded annually in\naccordance with paragraphs b, c and d of this subdivision on a\ncompetitive basis as determined by the commissioner to individuals\nenrolled in a registered graduate program in any New York institution of\nhigher education which leads to permanent certification as a teacher of\nmathematics or science or other fields of teacher shortage as identified\nby the commissioner on or after January first, nineteen hundred\neighty-six. The commissioner shall to the extent practicable ensure that\nrecipients of such fellowships include individuals who are unrepresented\nor underrepresented in the respective disciplines.\n  b. A maximum of twenty-five fellowships for full-time study shall be\nreserved for teachers whose positions have been abolished within two\nyears preceding the date of application for a fellowship because of a\ndecline in student enrollment and who are qualified to pursue graduate\nstudy to obtain certification to teach mathematics or science or other\nfields of teacher shortage as identified by the commissioner on or after\nJanuary first, nineteen hundred eighty-six.\n  c. A maximum of four hundred twenty-five fellowships for full-time\nstudy shall be reserved for individuals who have earned baccalaureate\ndegrees in mathematics, the physical sciences, the biological sciences,\nengineering or other disciplines related to fields of teacher shortage\nas identified by the commissioner on or after January first, nineteen\nhundred eighty-six but are not eligible for provisional or permanent\ncertification, and who are qualified to pursue graduate study in a\nprogram leading to the degree of master of arts in teaching, or the\nequivalent as determined by the commissioner.\n  d. Not less than two hundred fellowships for part-time study shall be\nmade available to persons not receiving a fellowship reserved in\nparagraphs b and c of this subdivision. In the event that there are\nfull-time fellowships reserved under such paragraphs b and c that have\nnot been awarded after awards have been made for all qualified\napplicants, such excess number of fellowships shall be available for\naward as part-time fellowships pursuant to this paragraph.\n  e. Within such time as the commissioner shall by regulation provide, a\nrecipient of an award shall have taught in the field or fields for which\nthe fellowship was awarded in an elementary or secondary school in New\nYork state for ten months for a full-time award or for that number of\nmonths calculated by multiplying by five the number of part-time awards\ngranted to the recipient. If a recipient fails to comply fully with such\ncondition, the president shall be entitled to recover from such\nrecipient an amount which bears the same ratio to (i) the aggregate of\nthe amount of the awards received as (ii) the number of months the\nrecipient failed to comply with this condition bears to the number of\nmonths the recipient was obligated to comply with this condition,\ntogether with interest at ten percent per annum computed from the date\non which the recipient completed professional training. Such recovery\nmay be made over such period of time as is prescribed by the president.\nAny obligation to comply with such provisions shall be cancelled upon\nthe recipient's death. The commissioner shall have regulations to\nprovide for the waiver or suspension of any financial obligation in\nwhole or part under this subdivision where compliance would involve\nextreme hardship. In determining whether to grant such waiver or\nsuspension, the commissioner may consider whether the recipient failed\nto complete the registered graduate program leading to permanent\ncertification as a teacher or completed such program under financial\nhardship by reason of the discontinuance of funding for the award of\nfellowships pursuant to this subdivision.\n  9. Regents physician loan forgiveness program. Regents physician loan\nforgiveness awards shall be awarded annually to physicians who agree to\npractice medicine in an area of New York state designated by the regents\nas having a shortage of physicians. Such awards shall be classified and\nallocated in accordance with regents rules.\n  a. Eligibility. (1) The applicant must be a resident of New York state\nand licensed to practice medicine.\n  (2) The applicant must have completed a professional residency program\nwithin the five years immediately preceding the period for which the\nfirst award would be granted, or be within two years of completion of an\naccredited residency program in a primary care specialty designated in\nshort supply by the board of regents.\n  (3) The applicant must agree to practice medicine in an area in New\nYork state designated as having a shortage of physicians. The regents,\nafter consultation with the commissioners of health, corrections and\ncommunity supervision, mental health and developmental disabilities,\nshall designate those regions and facilities of New York state which\nhave a shortage of physicians for the purposes of this section and\nestablish relative rankings thereof.\n  b. Selection. The commissioner, in consultation with the commissioner\nof health, shall establish criteria for the selection of participants in\nthe program. An applicant must satisfy at least one of the criteria\nestablished. A priority shall be accorded to any applicant who is\ncompleting the second year of the service requirement and is reapplying\nfor a new award. The criteria shall include but not be limited to the\nfollowing:\n  (i) reapplication for a new award by a person who is completing the\nsecond year of a service requirement;\n  (ii) receipt of specific training in a primary care specialty or\nobstetrics, determined by the regents to be in short supply;\n  (iii) receipt of specific training or experience in serving a shortage\narea;\n  (iv) receipt of specific training or experience matching a specific\nmedical need existing in a shortage area; and\n  (v) agreement pursuant to subdivision (d) of this section to practice\nin an area determined by the regents to have a severe shortage of\nprimary care physician services.\n  c. Notification. (1) The commissioner shall then forward approved\napplications to the president and shall notify unsuccessful applicants;\n  (2) The president shall verify the approved applicants':\n  (i) eligibility; and\n  (ii) total undergraduate and medical school student expense;\n  (3) The president shall notify applicants of their award entitlement.\n  d. Service requirement. Within such time as the commissioner shall by\nregulation provide, a recipient of an award shall have agreed to\npractice medicine in a specific area designated as having a shortage of\nphysicians for a period of twelve months for each annual payment to be\nreceived by the recipient. Physicians in training who receive an award\nshall not receive credit toward their required service for time spent in\na training program. In no case shall the total number of months of\nservice required be less than twenty-four. The president shall, in\nconsultation with the commissioner, develop and secure from each award\nrecipient, a written agreement to:\n  (i) practice medicine in the designated shortage area;\n  (ii) to accept Medicare and Medicaid payments; and\n  (iii) to provide thirty-five hours per week of direct patient care in\nthe designated shortage area being served, or to the designated\npopulation being served.\nIf a recipient fails to comply fully with such conditions, the president\nshall be entitled to receive from such recipient an amount to be\ndetermined by the formula:\n                              A = 2B (t-s)\n                                      ---\n                                       t\nin  which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all payments made to the recipient and the interest  on  such\namount which would be payable if at the times such awards were paid they\nwere  loans  bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated  services;\nand  "s"  is  the  number  of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to  recover  under\nthis  paragraph  shall  be paid within the five-year period beginning on\nthe  date  that  the  recipient  failed  to  comply  with  this  service\ncondition.  Nothing  in  the written agreement shall affect the terms of\nemployment of the individual who shall  negotiate,  separate  and  apart\nfrom  the  program, his or her salary and other forms of employment with\nan agency, institution or  a  program  in  which  he  or  she  shall  be\nemployed.\n  Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n  e. Reporting. A recipient of an award shall report annually to the New\nYork state higher education services corporation, and the department of\nhealth on forms prescribed by the president, as to the performance of\nthe required services, commencing with the calendar year in which the\nrecipient begins to practice medicine in a shortage area and continuing\nuntil the recipient shall have completed, or it is determined that he or\nshe shall not be obligated to complete, the required services. If the\nrecipient shall fail to file any report required hereunder within thirty\ndays of written notice to the recipient, mailed to the address shown on\nthe last application for an award or last report filed, whichever is\nlater, the president of the corporation may impose a fine of up to one\nthousand dollars. The president shall have the discretion to waive the\nfiling of a report, excuse a delay in filing or a failure to file a\nreport, or waive or reduce any fine imposed for good cause shown.\n  f. Other awards. Award recipients shall be eligible to apply for one\nadditional award.\n  * 10. Regents health care professional opportunity scholarships.\nRegents health care professional opportunity scholarships shall be\nawarded annually to students who are beginning or engaged in an approved\nprogram in medicine or dentistry and who are economically disadvantaged\nand/or members of an underrepresented minority group, provided, however,\nthat to the extent that regents health care professional opportunity\nscholarships are not awarded, such scholarships shall be awarded as\nregents professional opportunity scholarships. These scholarships shall\nbe classified and allocated in accordance with regents rules.\n  a. In selecting and certifying scholarship recipients under this\nsubdivision, priority shall be accorded to applicants in the following\norder:\n  (1) First, to any applicant who is economically disadvantaged as\ndefined by the regents and a minority historically underrepresented in\nthe profession as determined by the regents after consultation with the\ncouncil on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n  (2) Second, to any applicant who is a minority underrepresented in the\nprofession as determined by the regents after consultation with the\ncouncil on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n  (3) Third, to any applicant who is a graduate of the state-sponsored\nopportunity program pursuant to section sixty-four hundred fifty-one or\nsixty-four hundred fifty-two of this chapter.\n  In the event that there are more applicants who have the same priority\nthan there are remaining scholarships, the commissioner shall distribute\nthe remaining number of such scholarships by means of a lottery or other\nform of random selection.\n  b. The commissioner shall then forward approved applications to the\npresident and shall notify unsuccessful applicants.\n  c. The president shall notify applicants of their award entitlement.\n  d. The president shall, in consultation with the commissioner, develop\nand secure from each successful applicant a written agreement to\npractice medicine or dentistry, as appropriate, in a designated shortage\narea. Within such time as the commissioner shall by regulation provide,\na recipient of an award shall have practiced medicine or dentistry in an\narea designated as having a shortage of physicians or dentists, as\nappropriate, for that number of months calculated by multiplying by\ntwelve the number of annual payments received by the recipient. In no\ncase shall the total number of months of service required be less than\ntwenty-four. If a recipient fails to comply fully with such conditions,\nthe president shall be entitled to receive from such recipient an amount\nto be determined by the formula:\n                              A = 2B (t-s)\n                                      ---\n                                       t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all payments made to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this service\ncondition. Nothing in the written agreement shall affect the terms of\nemployment of the individual who shall negotiate, separate and apart\nfrom the program, his or her salary and other forms of employment with\nan agency, institution or a program in which he or she shall be\nemployed.\n  Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n  e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services, commencing with the calendar\nyear in which the recipient begins to practice medicine or dentistry in\na shortage area and continuing until the recipient shall have completed,\nor it is determined that he or she shall not be obligated to complete,\nthe required services. If the recipient shall fail to file any report\nrequired hereunder within thirty days of written notice to the\nrecipient, mailed to the address shown on the last application for an\naward or last report filed, whichever is later, the president of the\ncorporation may impose a fine of up to one thousand dollars. The\npresident shall have the discretion to waive the filing of a report,\nexcuse a delay in filing or a failure to file a report, or waive or\nreduce any fine imposed for good cause shown.\n  * NB Scholarship terminated per ch. 31/85, as amended\n  * 11. Regents professional opportunity scholarships. a. Regents\nprofessional opportunity scholarships shall be awarded annually to\nstudents who are beginning or engaged in an approved program leading to\na degree in a profession licensed by the regents or other field\ndesignated by the regents and who are economically disadvantaged and/or\nmembers of an underrepresented minority group. Such scholarships shall\nbe classified and allocated in accordance with regents rules. In\nselecting and certifying scholarship recipients under this subdivision,\npriority shall be accorded to applicants in the following order:\n  (1) First, to any applicant who is economically disadvantaged as\ndefined by the regents and a minority historically underrepresented in\nthe profession or field as determined by the regents after consultation\nwith the council on professional career opportunity created by section\nnine hundred forty-one of the executive law;\n  (2) Second, to any applicant who is a minority underrepresented in the\nprofession or field determined by the regents after consultation with\nthe council on professional career opportunity created by section nine\nhundred forty-one of the executive law;\n  (3) Third, to any applicant who is enrolled in or is a graduate of the\nstate-sponsored opportunity program pursuant to section sixty-four\nhundred fifty-one or sixty-four hundred fifty-two of this chapter.\n  In the event that there are more applicants who have the same priority\nthan there are remaining scholarships, the commissioner shall distribute\nthe remaining number of such scholarships by means of a lottery or other\nform of random selection.\n  b. The commissioner shall then forward approved applications to the\npresident and shall notify unsuccessful applicants.\n  c. The president shall notify applicants of their award entitlement.\n  d. Within such time as the commissioner shall by regulation provide, a\nrecipient of an award shall have resided and been employed in a\nprofession or field designated by the regents in New York state for that\nnumber of months calculated by multiplying by twelve the number of\nannual awards received by the recipient. If a recipient fails to comply\nfully with such condition, the state shall be entitled to recover from\nsuch recipient an amount determined by the formula:\n                              A = 2B (t-s)\n                                      ---\n                                       t\nin which "A" is the amount the president is entitled to recover; "B" is\nthe sum of all awards paid to the recipient and the interest on such\namount which would be payable if at the times such awards were paid they\nwere loans bearing interest at the maximum prevailing rate; "t" is the\ntotal number of months in the recipient's period of obligated services;\nand "s" is the number of months of service actually rendered by the\nrecipient. Any amount which the president is entitled to recover under\nthis paragraph shall be paid within the five-year period beginning on\nthe date that the recipient failed to comply with this service\ncondition. Nothing in the written agreement shall affect the terms of\nemployment of the individual who shall negotiate, separate and apart\nfrom the program, his or her salary and other forms of employment.\n  Any obligation to comply with such provisions as outlined in this\nsection shall be cancelled upon the death of the recipient. The\ncommissioner shall make regulations to provide for the waiver or\nsuspension of any financial obligation which would involve extreme\nhardship.\n  e. A recipient of an award shall report annually to the New York state\nhigher education services corporation, on forms prescribed by it, as to\nthe performance of the required services, until the recipient shall have\ncompleted, or it is determined that he or she shall not be obligated to\ncomplete, the required services. If the recipient shall fail to file any\nreport required hereunder within thirty days of written notice to the\nrecipient, mailed to the address shown on the last application for an\naward or last report filed, whichever is later, the president of the\ncorporation may impose a fine of up to one thousand dollars. The\npresident shall have the discretion to waive the filing of a report,\nexcuse a delay in filing or a failure to file a report, or waive or\nreduce any fine imposed for good cause shown.\n  * NB Scholarship terminated per ch. 31/85, as amended\n  12. Empire state scholarships of excellence. One thousand empire state\nscholarships of excellence shall be awarded each year, beginning with\nthe nineteen hundred eighty-six--nineteen hundred eighty-seven academic\nyear to students completing their high school programs who in each\ncounty receive the highest scores on the nationally established\ncompetitive examinations upon which the regents college scholarships are\nbased. The awarded scholarships shall be allocated to each county in the\nstate in the same ratio that the number of students residing in such\ncounty who were graduated from approved high schools in the state during\nthe school year preceding the date of the examination for the award of\nsuch scholarships bears to the total number of students residing in the\nstate who were graduates from approved high schools in the state during\nsuch school year provided that no county shall be allocated less than\ntwo scholarships, except Hamilton county which shall be allocated no\nless than one scholarship. In the event that a scholarship awarded\npursuant to this subdivision is declined by a student, or, for any\nreason, is revoked by the commissioner or the president, its benefits\nshall lapse and there shall be no further payment or reawarding of such\nscholarship.\n
N.Y. PBH Law § 2 — New York Code / Act PBH / Article 1 / Title 1 / Section 2
Definitions
Status: in_force

§ 2. Definitions. 1. Whenever used in this chapter, unless otherwise\nexpressly stated or unless the context or subject matter requires a\ndifferent meaning, the following terms shall have the respective\nmeanings hereinafter set forth or indicated:\n  (a) Department. The term "department" means department of health of\nthe state of New York.\n  (b) Commissioner. The term "commissioner" means commissioner of health\nof the state of New York.\n  (c) Health district. The term "health district" means a county health\ndistrict, part-county health district, city, town, village or\nconsolidated health district having a separate board of health.\n  (d) County health district. The term "county health district" means a\nhealth district comprising the entire county heretofore or hereafter\nestablished.\n  (e) Part-county health district. The term "part-county health\ndistrict" means all that part of a county outside of a city or cities\nhaving a population of fifty thousand or more heretofore or hereafter\nestablished as a health district.\n  (f) County department of health. The term "county department of\nhealth" means that division of the county government having jurisdiction\nover the public health of a county or part-county health district.\n  (g) County health commissioner. The term "county health commissioner"\nmeans the executive officer of a county department of health.\n  (h) Local board of health. The term "local board of health" means the\nboard of health of a county, part-county, city, village, town or\nconsolidated health district.\n  (i) Municipality. The term "municipality" means a city, village, town\nor consolidated health district.\n  (j) Local health officer. The term "local health officer" means the\nhealth officer of a county, part-county, city, village, town or a\nconsolidated health district.\n  (k) Sanitary code. The term "sanitary code" means sanitary code of the\nstate of New York.\n  (l) Communicable disease. The term "communicable disease" means\ninfectious, contagious or communicable disease.\n  (m) State institution in the department. The term "state institution\nin the department" means any state hospital or institution subject to\nthe jurisdiction, supervision and control of the state department of\nhealth, and such other state hospitals and institutions as may hereafter\nbe made subject to the jurisdiction, supervision and control of the\nstate department of health.\n  (n) Sexually transmissible disease. The term "sexually transmissible\ndisease" shall mean a disease that appears on the list of diseases\npromulgated by the commissioner pursuant to section twenty-three hundred\neleven of this chapter.\n  2. Whenever the term "state board of health" occurs or any reference\nis made thereto, in any law, it shall be deemed to mean or refer to the\ndepartment as described in this article.\n  3. Whenever the term "public health council" or "state hospital review\nand planning council" occurs, or any reference is made thereto, in any\nlaw, it shall be deemed to mean or refer to the public health and health\nplanning council as described in article two of this chapter.\n
N.Y. UDC Law § 2401*2 — New York Code / Act UDC / Article 24 / Title 1 / Section 2401*2
District court establishment
Status: in_force

* § 2401. District court establishment. There shall be a district\ncourt system established in the area or areas of the county of Suffolk\nas herein provided. The Suffolk county district court shall be an\ninferior court and the judges thereof shall have the civil and criminal\njurisdiction prescribed hereinafter. Such court shall not be a court of\nrecord.\n  * NB There are 2 § 2401's\n
N.Y. EDN Law § 255 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 255
Establishment of a public library
Status: in_force

§ 255. Establishment of a public library. 1. By a majority vote at any\nelection, or at a meeting of the electors duly held, any county, city,\nvillage, town, school district or other body authorized to levy and\ncollect taxes; or by vote of its board of supervisors or other governing\nelective body any county, or by vote of its common council or by action\nof a board of estimate and apportionment or other proper authority any\ncity, or by vote of its board of trustees any village, or by vote of its\ntown board any town, or any combination of such voting bodies, may\nindividually or jointly authorize the establishment of a public library\nwith or without branches, and may appropriate money raised by tax or\notherwise to equip and maintain such library or libraries or to provide\na building or rooms for its or their use. Any such municipality or\ndistrict may acquire real or personal property for library purposes by\ngift, grant, devise, bequest or condemnation and may take, buy, sell,\nhold and transfer either real or personal property for public library\npurposes. Whenever twenty-five taxpayers shall so petition, the question\nof providing library facilities shall be voted on at the next election\nor meeting at which taxes may be voted, provided that due public notice\nof the proposed action shall have been given. Whenever the electors of a\nschool district at a district meeting duly held shall have authorized\nthe establishment of a public library under the provisions of this\nsection, at such meeting or at any subsequent meeting duly held, they\nmay determine by a majority of the voters present and voting on the\nproposition to levy a tax to be collected in installments for the\npurchase or condemnation of a site and the erection thereon of a library\nbuilding or the erection of a library building on land acquired\notherwise than by purchase or condemnation, or for the purchase of land\nand a suitable building thereon and make necessary alterations and\nadditions and equip such building for use as a library.\n  2. Upon the request of a majority of the members of the boards of\ntrustees of two or more libraries chartered by the regents, if it shall\nappear to the satisfaction of the commissioner that the establishment of\na cooperative library system will result in improved and expanded\nlibrary service to the area and that the area is suitable for the\nestablishment of such a cooperative library system, the commissioner may\ncall a joint meeting of the trustees of such libraries for the purpose\nof determining whether a cooperative library system shall be established\nand electing a board of trustees of such cooperative library system. If\nit shall appear to the commissioner that the area proposed for the\ncooperative library system is not sufficient to warrant the\nestablishment of such system; that such area is not otherwise suitable\nor that for sufficient other reason such cooperative library system as\nproposed should not be established he shall disapprove such request.\n  a. Notice of such meeting shall be given by the commissioner to each\ntrustee by mail to his last known address at least five days prior to\nsuch meeting. At such meeting the board of trustees of each library\nparticipating shall have five votes.\n  b. Such meeting shall be called to order by the person designated by\nthe commissioner and shall thereupon organize by the election of a\nchairman.  At such meeting a resolution in substantially the following\nform shall be presented for the action of the meeting: "Resolved that a\ncooperative library system be established consisting of the following\nlibraries chartered by the regents ............... (name libraries) for\nthe purpose of expanding and improving library service in the area\nserved by the above named libraries."\n  c. If the resolution described above is adopted, then the meeting\nshall proceed to elect a board of trustees of such library system to\nconsist of not less than five nor more than twenty-five members as\ndetermined by the meeting.\n  d. Within one month after taking office, the trustees-elect shall\napply to the regents for a charter as a cooperative library system.\n  e. The board of trustees shall manage and control such cooperative\nlibrary system and shall have all the powers of trustees of other\neducational institutions in the university as defined in this chapter.\nSuch board shall elect a president, secretary and treasurer. Before\nentering upon his duties, such treasurer shall execute and file with the\ntrustees an official undertaking in such sum and with such sureties as\nthe board shall direct and approve. The treasurer need not be a member\nof such board. The funds of the cooperative library system shall be\ndeposited in a bank or banks designated by the board of trustees and\nshall be expended only under the direction of such trustees upon\nproperly authenticated vouchers.\n  f. The term of office of trustees shall be either three or five years\nexcept that the members of the first board of trustees shall determine\nby lot the year in which the term of office of each trustee shall expire\nso that as nearly as possible the terms of either one-third or one-fifth\nof the members of such board will expire annually. Thereafter, the\nsuccessors of such trustees shall be elected annually by a meeting of\nthe trustees of the participating libraries in the cooperative library\nsystem. Where the term of office of a trustee is five years, no trustee\nshall hold office consecutively for more than two full five year terms\nand where the term of office of a trustee is three years, no trustee\nshall hold office consecutively for more than three full three year\nterms. Provided further, however, years served by a trustee appointed to\nfill an unexpired term shall not count towards the term limit. Such\nmeeting shall be called by the secretary of the cooperative library\nsystem who shall give notice to all the trustees of participating\nlibraries in the manner provided in subparagraph a of this subdivision\nfor giving notice of the meeting to authorize the establishment of such\ncooperative library system. Within one month after approving a change in\nthe length of the term of office of trustees, the trustees shall apply\nto the regents for an amendment to the charter of the cooperative\nlibrary system. Such change in the length of the term of office of\ntrustees shall not take effect until such charter amendment is approved\nby the regents. Any cooperative library system that changes the length\nof the term of office of trustees pursuant to this paragraph, may\nappoint an individual for a shorter term in order to ensure that as\nnearly as possible, an equal number of trustees shall be elected to the\nboard each year, with the trustees assigned such shorter terms\ndetermined by lot, and provided further that the term of office of each\nincumbent member of the board shall not be decreased thereby.\n  g. A contract may be entered into between the board of trustees of a\ncooperative library system and the department under which the state\nlibrary will provide services, facilities and staff to the cooperative\nlibrary system upon terms agreed upon by and between the parties to such\ncontract.\n  h. Nothing herein contained shall be deemed to deprive any\nparticipating library of its property.\n  i. The board of trustees of any library chartered by the regents which\nis not participating in a cooperative library system may adopt a\nresolution requesting that such library become a participating library\nin a cooperative library system. Duplicate copies of such resolution\ncertified by the clerk of such board of trustees shall be filed with the\nboard of trustees of the cooperative library system. If such board\napprove such resolution such approval shall be endorsed thereon and a\ncopy thereof shall be filed with the commissioner. Upon such resolution\nbeing approved by the commissioner such additional library shall become\na participating library in such system and shall have the same rights,\nduties and privileges as other libraries participating therein.\n  j. The participating libraries in such library system shall be those\nlibraries, members of the boards of trustees of which join in\npetitioning the commissioner to call the meeting for the establishment\nof the cooperative library system pursuant to this section, and who are\nnamed in the resolution voted upon by such meeting and in the charter of\nthe library system.\n  k. The board of trustees of each public library system shall meet no\nfewer than six times a year.\n  3. Trustees of a reference and research library resources system shall\nhave those powers set forth in section two hundred twenty-six of this\narticle with respect to trustees of corporations chartered by the\nregents, and in addition shall have the following powers and duties:\n  a. The board of trustees of a reference and research library resources\nsystem shall include at least one representative of each constituent\npublic library system, at least one representative of the member\nacademic library with the largest collection, and at least two\nnonlibrarians from the research community served by the system.\n  b. The term of office of trustees shall be five years except that the\nmembers of the first board of trustees shall determine by lot the year\nin which the term of office of each trustee shall expire so that as\nnearly as possible the terms of one-fifth of the members of such board\nwill expire annually. Thereafter, the successors of such trustees shall\nbe elected annually by a meeting of the designated representatives of\nthe member institutions participating in the reference and research\nlibrary resources system. No trustee shall hold office consecutively for\nmore than two full terms. Such annual meeting shall be called by the\nsecretary of the reference and research library resources system who\nshall give notice to all the participating libraries by mail at least\nfive days prior to such meeting.\n  c. The board of trustees shall meet no fewer than six times a year.\n  4. By a majority vote of the tribal government of an Indian\nreservation, or upon the request of the tribal government of an Indian\nreservation, an Indian library may be established, with or without\nbranches, and may make application to the state or other source for\nmoney to equip and maintain such library or libraries or to provide a\nbuilding or rooms for its uses. Notwithstanding the provisions of\nsection seven of the Indian law, the board of trustees of such library,\non behalf of the tribal government, may acquire real or personal\nproperty for use by an Indian library by gift, grant, devise, bequest\nand may take, buy, sell, hold and transfer either real or personal\nproperty for the purposes of such library. No more than one Indian\nlibrary may be established on a reservation and such library shall serve\nall inhabitants of that reservation. No such library shall be\nestablished on any reservation that has fewer than three hundred\npermanent residents and one thousand acres of land.\n  5. The boards of trustees of any two, or more, public libraries,\nIndian libraries, reference and research library resources systems,\ncooperative library systems, or association libraries, as defined in\nthis article, may pool surplus funds to be used for the purchase of\ncertificates of deposit in any bank or trust company, provided that such\ncertificate of deposit be secured by a pledge of obligations of the\nUnited States of America, or any obligation fully guaranteed or insured\nas to interest and principal by the United States of America acting\nthrough an agency, subdivision, department or division thereof, or\nobligations of the state of New York. Each participating public library,\nIndian library, reference and research library resources system,\ncooperative library system or association library shall be entitled to\nits pro-rata share of interest earned on such certificates in proportion\nto its contribution to the purchase price of such certificates.\n  6. The board of trustees of any two, or more, public libraries, public\nlibrary systems, reference and research library resources systems, as\ndefined in this chapter, shall have the power to enter into, amend,\ncancel and terminate agreements for performance among themselves or one\nfor the other of their respective functions, for the purpose of\ncooperatively advertising and awarding bids for equipment, supplies and\nservices, provided:\n  a. such advertising and awards have been made in accordance with the\nrequirements of article five-A of the general municipal law;\n  b. the purchasing and making of contracts shall be subject to general\nlaws applicable thereto; and\n  c. that any such agreements shall include a manner of responding for\nany liabilities that might be incurred in the operation of the joint\nservice or agreement.\n
N.Y. PBA Law § 1020-BB — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-BB
Exculpation
Status: in_force

§ 1020-bb. Exculpation. 1. The trustees and officers of the authority,\nwhile acting within the scope of their authority as trustees or\nofficers, shall not be subject to any personal or civil liability\nresulting from the exercise, carrying out or advocacy of any of the\nauthority's purposes or powers, unless the conduct of the trustees or\nofficers is finally determined by a court of competent jurisdiction to\nconstitute intentional wrongdoing.\n  2. The provisions of section seventeen of the public officers law\nshall apply to trustees and officers of the authority, in connection\nwith any and all claims, demands, suits, actions or proceedings which\nmay be made or brought against any of them arising out of any\ndeterminations made or actions taken or omitted to be taken in\ncompliance with any obligations under or pursuant to the terms of this\ntitle.\n  3. Notwithstanding any other provisions of law to the contrary, the\nprovisions of section eighteen of the public officers law shall apply to\nthe employees of the authority, in connection with any and all claims,\ndemands, suits, actions or proceedings which may be brought against any\nof them arising out of any determinations made or actions taken or\nomitted to be taken in compliance with any obligations under or pursuant\nto the terms of this title. Whenever the provisions of section seventeen\nof the public officers law do not apply to the trustees and officers of\nthe authority, the provisions of section eighteen of the public officers\nlaw shall apply to such trustees and officers.\n  4. Any costs incurred by the state in accordance with subdivision two\nof this section shall be treated as advances by the state to the\nauthority, and shall be repaid to it without interest either out of the\nproceeds of bonds issued by the authority pursuant to the provisions of\nthis title, or by the delivery of non-interest bearing bonds of the\nauthority to the state for all or any part of such advances, or out of\nexcess revenues of the authority, at such times and on such conditions\nas the state and the authority mutually may agree upon. Any agreement\nentered into by the state and the authority for the repayment of any\ncosts incurred pursuant to subdivision two of this section, shall be\nsubject to the approval of the public authorities control board.\n  5. As used in this section, the terms "trustee", "officer" and\n"employee" shall include a former trustee, officer or employee and his\nor her estate or judicially appointed personal representative.\n
N.Y. ENV Law § 49-0111 — New York Code / Act ENV / Article 49 / Title 1 / Section 49-0111
Grants or gifts
Status: in_force

§ 49-0111. Grants or gifts.\n  The department, with the approval of the Governor, may accept as agent\nof the state any gift, devise or bequest, whether conditional or\nunconditional (notwithstanding the provisions of section 11 of the State\nFinance Law), and including federal grants, for any of the purposes of\nthis article. Any moneys so received may be expended by the department\nto effectuate any purpose of this article, subject to the same\nlimitations as to approval of expenditures and audit as are prescribed\nfor state moneys appropriated for the purposes of this article.\n
N.Y. VAT Law § 117-D — New York Code / Act VAT / Title 1 / Article 1 / Section 117-D
Blood delivery vehicle
Status: in_force

§ 117-d. Blood delivery vehicle. Every vehicle owned, designated and\noperated by the not-for-profit corporation incorporated under the name\nNew York blood center specifically equipped for and used in response to\nreports of the need for transportation of blood or blood products to\ngeneral hospitals or other health care facilities.  No blood delivery\nvehicle shall be operated as an authorized emergency vehicle engaged in\nan emergency operation unless the driver of such vehicle has undergone\nappropriate training for the operation of authorized emergency vehicles\nduring emergency operations.\n
N.Y. PBA Law § 3669 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3669
Control period
Status: in_force

§ 3669. Control period.  1. The authority shall impose a control\nperiod over the county or the Nassau health care corporation upon its\ndetermination at any time that any of the following events has occurred\nor that there is a substantial likelihood and imminence of such\noccurrence: (a) the county or the Nassau health care corporation shall\nhave failed to pay the principal of or interest on any of its bonds or\nnotes when due or payable, (b) the county or the Nassau health care\ncorporation shall have incurred a major operating funds deficit of one\npercent or more in the aggregate results of operations of such funds\nduring its fiscal year assuming all revenues and expenditures are\nreported in accordance with generally accepted accounting principles,\nsubject to the provisions of this title, (c) the county or the Nassau\nhealth care corporation shall have otherwise violated any provision of\nthis title and such violation substantially impairs the marketability of\nthe county's bonds or notes or the Nassau health care corporation's\nbonds or notes, (d) the chief fiscal officer's certification at any\ntime, at the request of the authority or on the chief fiscal officer's\ninitiative, which certification shall be made from time to time as\npromptly as circumstances warrant and reported to the authority, that on\nthe basis of facts existing at such time such officer could not make the\ncertification described by paragraph (b) of this subdivision in the\ndefinition of interim finance period in section thirty-six hundred\nfifty-one of this title, or (e) the authority makes the finding required\nunder paragraph (g) of subdivision two of section thirty-six hundred\nsixty-seven of this title. The authority shall terminate any such\ncontrol period when it determines that none of the conditions which\nwould permit the authority to impose a control period exist. After\ntermination of a control period the authority shall annually consider\nparagraphs (a) through (e) of this subdivision and determine whether, in\nits judgment, any of the events described in such paragraphs have\noccurred and the authority shall publish each such determination. Any\ncertification made by the chief fiscal officer hereunder shall be based\non such officers' written determination which shall take into account a\nreport and opinion of an independent expert in the marketing of\nmunicipal securities selected by the authority, and the opinion of such\nexpert and any other information taken into account shall be made public\nwhen delivered to the authority. Notwithstanding any part of the\nforegoing to the contrary, in no event shall any control period continue\nbeyond the later of (i) January first, two thousand thirty, or (ii) the\ndate when all bonds of the authority are refunded, discharged or\notherwise defeased.\n  2. In carrying out the purposes of this title during any control\nperiod:\n  (a) The authority shall (i) consult with the county or the covered\norganizations in the preparation of the financial plan, and certify to\nthe county the revenue estimates approved therein, (ii) prescribe the\nform of the financial plan and the supporting information required in\nconnection therewith, (iii) exercise the rights of approval, disapproval\nand modification with respect to the financial plan, including but not\nlimited to the revenue estimates contained therein, and (iv) in the\nevent the authority has made the finding required under section\nthirty-six hundred sixty-seven of this title, formulate and adopt its\nmodifications to the financial plan, such modifications to become\neffective on their adoption by the authority.\n  (a-1) If a control period is imposed over the Nassau health care\ncorporation, the authority shall require the Nassau health care\ncorporation to report financial information to the authority in such\nform and manner and containing such information as the authority shall\nprescribe, including, but not limited to, expenditure and cash flow\nprojections, disbursements and receipts, and budget data depicting\noverall trends of actual revenue and expenditures and any other\ninformation described in section thirty-six hundred sixty-seven of this\ntitle determined to be relevant by the authority.\n  (b) The authority shall, from time to time and to the extent it deems\nnecessary or desirable in order to accomplish the purposes of this\ntitle, (i) review the operations, management, efficiency and\nproductivity of such county operations and of such covered organizations\nor portions thereof as the authority may determine, and make reports\nthereon; (ii) audit compliance with the financial plan in such areas as\nthe authority may determine; (iii) recommend to the county and the\ncovered organizations such measures relating to their operations,\nmanagement, efficiency and productivity as it deems appropriate to\nreduce costs and improve services so as to advance the purposes of this\ntitle; and (iv) obtain information on the financial condition and needs\nof the county and the covered organizations. Nothing herein shall\ndiminish the powers of the state comptroller otherwise provided by law\nand the authority may request the assistance of the state comptroller in\nthe performance of the above functions.\n  (c) The authority shall (i) receive from the county and the covered\norganizations and from the state comptroller, and review, such financial\nstatements and projections, budgetary data and information, and\nmanagement reports and materials as the authority deems necessary or\ndesirable to accomplish the purposes of this title, and (ii) inspect,\ncopy and audit such books and records of the county and the covered\norganizations as the authority deems necessary or desirable to\naccomplish the purposes of this title.\n  (d) All contracts entered into by the county or any covered\norganization during any control period must be consistent with the\nprovisions of this title and must comply with the requirements of the\nfinancial plan as approved by the authority. With respect to all\ncontracts or other obligations to be entered into by the county or any\ncovered organization during any control period requiring the payment of\nfunds or the incurring of costs by the county or any covered\norganizations:\n  (i) Within twenty days from the commencement of a control period, the\ncounty executive, or the chairperson of the Nassau health care\ncorporation in the case of a control period imposed pursuant to\nparagraph a-one of subdivision two of this section, shall present to the\nauthority proposed guidelines respecting the categories and types of\ncontracts and other obligations required to be reviewed by the authority\npursuant to this subdivision. Any such guidelines may provide a\ndifferent standard for review with respect to contracts of any covered\norganization as the authority shall determine. Within thirty days from\nthe commencement of a control period, the authority shall approve or\nmodify and approve such proposed guidelines or promulgate its own in the\nevent that such proposed guidelines are not submitted to it within the\ntwenty days as provided for herein. Such guidelines may thereafter be\nmodified by the authority from time to time on not less than thirty\ndays' notice to the county executive or chairperson of the Nassau health\ncare corporation and the county executive or chairperson of the Nassau\nhealth care corporation may from time to time propose modifications to\nthe authority. Unless expressly disapproved or modified by the authority\nwithin thirty days (or such additional time, not exceeding thirty days,\nas the authority shall have notified the county or covered organization\nthat it requires to complete its review and analysis) from the date of\nsubmission by the county executive or chairperson of the Nassau health\ncare corporation, any such proposed guidelines or modifications shall be\ndeemed approved by the authority;\n  (ii) Prior to entering into any contract or other obligation subject\nto review of the authority under its guidelines, the county or any\ncovered organization shall submit a copy of such contract or other\nobligation to the authority accompanied by an analysis of the projected\ncosts of such contract or other obligation and certification that\nperformance thereof will be in accordance with the financial plan, all\nin such form and with such additional information as the authority may\nprescribe. The authority shall promptly review the terms of such\ncontract or other obligation and the supporting information in order to\ndetermine compliance with the financial plan;\n  (iii) The authority shall, by order, disapprove any contract or other\nobligation reviewed by it only after adoption of a resolution\ndetermining that, in its judgment, the performance of such contract or\nother obligation would be inconsistent with the financial plan, and upon\nsuch order the county or covered organization shall not enter into such\ncontract or other obligation; and\n  (iv) If the authority approves the terms of a reviewed contract or\nother obligation, the county or covered organization may enter into such\ncontract or other obligation upon the terms submitted to the authority.\nFailure of the authority to notify the county or covered organization\nwithin thirty days (or such additional time, not exceeding thirty days,\nas the authority shall have notified the county or covered organization\nthat it requires to complete its review and analysis) after submission\nto it of a contract or other obligation that such contract or other\nobligation has been disapproved shall be deemed to constitute authority\napproval thereof.\n  (e) The authority shall review the terms of each proposed long-term\nand short-term borrowing by the county and any covered organization to\nbe effected during any control period, and no such borrowing shall be\nmade during any control period unless it is approved by the authority.\nNeither the county nor any covered organization shall be prohibited from\nissuing bonds or notes to pay outstanding bonds or notes.\n  (f) The authority shall issue, to the appropriate official of the\ncounty and each covered organization, such orders as it deems necessary\nto accomplish the purposes of this title, including, but not limited to,\ntimely and satisfactory implementation of an approved financial plan.\nAny order so issued shall be binding upon the official to whom it was\nissued and failure to comply with such order shall subject the official\nto the penalties described in subdivision four of this section.\n  (g) The authority is authorized to and shall withhold any transitional\nstate aid and not pay such moneys to the county during any control\nperiod.\n  3. Authorization for wage freeze. (a) During a control period, upon a\nfinding by the authority that a wage freeze is essential to the adoption\nor maintenance of a county budget or a financial plan that is in\ncompliance with this title, the authority, after enactment of a\nresolution so finding, may declare a fiscal crisis. Upon making such a\ndeclaration, the authority shall be empowered to order that all\nincreases in salary or wages of employees of the county and employees of\ncovered organizations which will take effect after the date of the order\npursuant to collective bargaining agreements, other analogous contracts\nor interest arbitration awards, now in existence or hereafter entered\ninto, requiring such salary increases as of any date thereafter are\nsuspended. Such order may also provide that all increased payments for\nholiday and vacation differentials, and shift differentials for\nemployees of the county and employees of covered organizations which\nwill take effect after the date of the order pursuant to collective\nbargaining agreements, other analogous contracts or interest arbitration\nawards requiring such increased payments as of any date thereafter are,\nin the same manner, suspended. Such order may also provide that all\nincreased payments for salary adjustments according to plan and step-ups\nor increments be suspended; provided, however, when (i) the county\nexecutive provides a four year financial plan approved by the county\nlegislature pursuant to paragraph (a) of subdivision two of section\nthirty-six hundred sixty-seven of this title and the authority\ndetermines, pursuant to paragraph (b) of such subdivision, that such\nfinancial plan is complete and complies with the standards set forth in\nsuch subdivision, and (ii) the authority makes a certification to the\ncounty setting forth revenue estimates agreed to by the authority in\naccordance with such determination, the salary adjustments according to\nplan and step-ups or increments, not including cost of living increases,\nshall not be suspended for each year in which the four year financial\nplan has been certified. This inability to suspend the salary\nadjustments according to plan and step-ups or increments shall be\napplicable to county employees and employees of covered organizations,\nwhether or not they are covered by a collectively negotiated agreement,\nif an individual employee or members of an employee's bargaining unit\npreviously participated in a wage freeze implemented by the authority\nunder this section and such wage freeze was subsequently lifted by the\nauthority by the issuance of a resolution, pursuant to paragraph (b) or\n(c) of this subdivision, certifying that the suspension of their wage\nincreases or an agreement by the collective bargaining representative or\nby such unrepresented employee was an acceptable and appropriate\ncontribution toward alleviating the fiscal crisis of the county.\nIrrespective of the duration of any approved or accepted four-year\nfinancial plan, for employees who are members of a bargaining unit, this\ninability to suspend the salary adjustment according to plan and\nstep-ups or increments shall take effect October first, two thousand\nsixteen and shall be in effect for employees for the duration of the\nnext collective bargaining agreement succeeding either (i) the\ncollective bargaining agreement in effect on November sixth, two\nthousand eighteen or (ii) the most recently expired collective\nbargaining agreement prior to November sixth, two thousand eighteen;\nwhichever is later. If the succeeding collective bargaining agreement's\nduration is modified, extended, or renewed, this modification, extension\nor renewal does not modify, extend or renew the term of the inability to\nsuspend salary adjustments according to plan and step-ups or increments.\nFor employees who are not members of a bargaining unit, this inability\nto suspend the salary adjustment according to plan and step-ups or\nincrements shall be effective October first, two thousand sixteen\nthrough December first, two thousand twenty-one. For the purposes of\ncomputing the pension base of retirement allowances, any suspended\nsalary or wage increases and any suspended other payments shall not be\nconsidered as part of compensation or final compensation or of annual\nsalary earned or earnable. The suspensions authorized hereunder shall\ncontinue until one year after the date of the order and, to the extent\nof any determination of the authority that a continuation of such\nsuspensions, to a date specified by the authority, is necessary in order\nto achieve the objectives of the financial plan, such suspensions shall\nbe continued to the date specified by the authority, which date shall in\nno event be later than the end of the interim finance period, provided\nthat such suspensions shall terminate with respect to employees who have\nagreed to a deferral of salary or wage increase upon the certification\nof the agreement by the authority pursuant to paragraph (b) of this\nsubdivision.\n  (b) This subdivision shall not be applicable to employees of the\ncounty or employees of a covered organization covered by a collective\nbargaining agreement or an employee of the county or a covered\norganization not covered by a collective bargaining agreement where the\ncollective bargaining representative or such unrepresented employee has\nagreed to a deferment of salary or wage increase, by an instrument in\nwriting which has been certified by the authority as being an acceptable\nand appropriate contribution toward alleviating the fiscal crisis of the\ncounty. Any such agreement to a deferment of salary or wage increase may\nprovide that for the purposes of computing the pension base of\nretirement allowances, any deferred salary or wage increase may be\nconsidered as part of compensation or final compensation or of annual\nsalary earned or earnable.\n  (c) The authority may, if it finds that the fiscal crisis has been\nsufficiently alleviated or for any other appropriate reason, direct that\nthe suspensions of salary or wage increases or suspensions of other\nincreased payments or benefits shall, in whole or in part, be\nterminated.\n  4. Prohibition; penalties. (a) During any control period (i) no\nofficer or employee of the county or of any of the covered organizations\nshall make or authorize an obligation or other liability in excess of\nthe amount available therefor under the financial plan as then in\neffect; (ii) no officer or employee of the county or of any of the\ncovered organizations shall involve the county or any of the covered\norganizations in any contract or other obligation or liability for the\npayment of money for any purpose required to be approved by the\nauthority unless such contract has been so approved and unless such\ncontract or obligation or liability is in compliance with the financial\nplan as then in effect.\n  (b) No officer or employee of the county or any of the covered\norganizations shall take any action in violation of any valid order of\nthe authority or shall fail or refuse to take any action required by any\nsuch order or shall prepare, present or certify any information\n(including any projections or estimates) or report to the authority or\nany of its agents that is false or misleading, or, upon learning that\nany such information is false or misleading, shall fail promptly to\nadvise the authority or its agents thereof.\n  (c) In addition to any penalty or liability under any other law, any\nofficer or employees of the county or any of the covered organizations\nwho shall violate paragraph (a) or (b) of this subdivision shall be\nsubject to appropriate administrative discipline, including, when\ncircumstances warrant, suspension from duty without pay or removal from\noffice by order of either the governor or the county executive; and any\nofficer or employees of the county or any of the covered organizations\nwho shall knowingly and willfully violate paragraph (a) or (b) of this\nsubdivision shall, upon conviction, be guilty of a misdemeanor.\n  (d) In the case of a violation of paragraph (a) or (b) of this\nsubdivision by an officer or employee of the county or any of the\ncovered organizations, the county executive or the chief executive\nofficer of such covered organization shall immediately report to the\nauthority all pertinent facts together with a statement of the action\ntaken thereon.\n
N.Y. PBH Law § 2500 — New York Code / Act PBH / Article 25 / Title 1 / Section 2500
Maternal and child health; duties of commissioner
Status: in_force

§ 2500. Maternal and child health; duties of commissioner. 1. The\ncommissioner shall act in an advisory and supervisory capacity, in\nmatters pertaining to the safeguarding of motherhood, the prevention of\nmaternal, perinatal, infant and child mortality, the prevention of\ndiseases, low birth weight, childhood obesity, and defects of childhood\nand the promotion of maternal, prenatal and child health, including care\nin hospitals, and shall administer such services bearing on the health\nof mothers and children for which funds are or shall hereafter be made\navailable.\n  2. The commissioner shall establish minimum standards in accordance\nwith established and accepted medical principles for local maternal and\nchild health services administered by or under the general supervision\nof the commissioner.\n  3. a. The commissioner shall, in conjunction with hospitals,\nobstetricians, midwives, doulas, maternal health care provider\norganizations; mental health care provider organizations; and any\nadditional stakeholders that the commissioner deems necessary, evaluate\nand make recommendations related to the development of maternal health\ncare and birthing best practices which support each patient receiving\nthe highest quality of care. These recommendations shall include, but\nnot be limited to, best practices for every patient to receive:\n  (i) fair, courteous and respectful culturally competent care free of\ndiscrimination;\n  (ii) accurate and judgment-free advice and recommendations that allow\nfor informed decision making and consent regarding care and treatment,\nincluding risks, benefits, outcomes and alternative procedures;\n  (iii) clear, concise and easily understood information about their\ncare and treatment outcomes, medical team and birthing options, the\npolicies and procedures of the hospital or birthing center, and\nresources available to them;\n  (iv) an opportunity to discuss their birthing preferences with their\ncare team and have such preferences documented; and\n  (v) adequate support during their pregnancy, labor and childbirth,\nincluding access to doula and mental health services.\n  b. No later than one year after the effective date of this subdivision\nthe commissioner shall publish such recommendations on the department of\nhealth's website and update all relevant materials provided to the\npublic through the department to reflect these standards. Such\nrecommendations shall be updated at least once after publishing and as\nnecessary thereafter.\n  4. In conjunction with the state department having general\nsupervision, the commissioner may make or may cause to be made\ninvestigation of the conditions affecting the health of children in\ninstitutions for day care or domiciliary care. If he shall find any\nconditions detrimental to health in such institutions, he shall make and\nreport recommendations thereon to the appropriate state department.\n  5. The commissioner shall cooperate with other state departments\nhaving jurisdiction over matters affecting the health of mothers and\nchildren, to the end that existing activities may be coordinated and\nduplication of effort avoided. He shall cooperate with and stimulate\nlocal agencies, public and private, in promoting such measures and\nundertakings as may be designed to accomplish the purposes of this\nsection.\n
N.Y. EDN Law § 679-F — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 4 / Section 679-F
New York state young farmers loan forgiveness incentive program
Status: in_force

§ 679-f. New York state young farmers loan forgiveness incentive\nprogram. 1. Purpose. The president shall grant student loan forgiveness\nawards for the purpose of alleviating the burden of student loan debt\nfor young farmers. Such awards shall be made on a competitive basis, in\naccordance with rules and regulations promulgated by the corporation for\nsuch purposes, to applicants who meet the eligibility criteria. Such\nrules and regulations shall include provisions for the consideration of\napplicants who are economically disadvantaged.\n  2. Eligibility. To be eligible for an award pursuant to this section,\napplicants shall: (a) have graduated and obtained a degree from an\napproved New York state college or university; (b) have an outstanding\nstudent loan debt from obtaining such degree; (c) operate a farm in New\nYork state on a full-time basis; (d) agree to operate such farm for the\nduration of no less than five years; (e) have produced an "agricultural\nproduct" as defined by section three hundred twenty-eight of the\nagriculture and markets law, for no more than ten consecutive years; and\n(f) comply with subdivisions three and five of section six hundred\nsixty-one of this part.\n  3. Awards. Awards shall be granted to qualified applicants in the\namount of up to ten thousand dollars per year, per applicant, not to\nexceed a duration of five years and not to exceed the total amount of\nsuch applicant's student loan debt. The corporation shall grant such\nawards within amounts appropriated for such purposes and based on the\navailability of funds. No one applicant shall receive more than a total\nof fifty thousand dollars upon the end of a five year period.\n  4. Priority. First priority shall be given to applicants who are\ncompleting the second, third, fourth or fifth year of full-time farm\noperation and are re-applying to receive an award under this program.\nSecond priority shall be given to an applicant who can demonstrate\neconomic need but did not receive an award during a previous application\nperiod. If larger numbers of applicants are eligible pursuant to this\nsubdivision than funds available, applicants shall be chosen pursuant to\nrules and regulations promulgated by the corporation. Provided, however,\nthat each applicant chosen shall receive an award of up to ten thousand\ndollars in each year such applicant is accepted into the program.\n
N.Y. PBA Law § 3307 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3307
Transfer of property; relationship with the county; certain gifts, loans and guarantees by the county
Status: in_force

§ 3307. Transfer of property; relationship with the county; certain\ngifts, loans and guarantees by the county. 1. (a) The county may give,\ngrant, sell, convey, loan, license the use of, or lease to the\ncorporation any property (except monies appropriated by the county and\npayable to the corporation pursuant to subdivision three and paragraph\n(a) of subdivision four of this section) which are useful in connection\nwith the exercise by the corporation of any of its powers under this\ntitle in order to transfer the facilities and operations of the\nWestchester County Medical Center to the corporation by agreement\nbetween the county and the corporation and any subsequent renewal or\namendment thereof, by local law adopted by a two-thirds majority of the\ncounty board of legislators and after approval by the county board of\nacquisition and contract, notwithstanding any general, special or local\nlaw, ordinance, resolution or charter.\n  (b) Any such gift, grant, sale, conveyance, loan, license or lease\nshall be upon such terms and conditions, for such consideration, if any,\nand for such term or terms of years, subject to the rights of the\nholders of any bonds, as the corporation and the county may agree. No\nreal property of the county consisting of any health facility currently\noperated by the Westchester County Medical Center shall be transferred\nto the corporation in fee, except under such restrictions regarding\nrights of first refusal, or other rights, to repurchase the property as\nthe Westchester County Board of Legislators shall approve by act, and\nsubject to a restrictive covenant prohibiting the corporation from\npledging or mortgaging the fee interest in the property. In the event\nthat the county gives, grants, sells, conveys, loans, licenses or leases\nany facilities to the corporation, the county may contract with the\ncorporation to lease, borrow, license, operate, maintain, manage and\nprovide services for such facilities upon such terms and conditions and\nfor such term or terms of years, subject to the rights of holders of\nbonds, as the corporation and the county may agree. The corporation, in\nfurtherance of any purchase, conveyance or lease of any property or\nfacility from the county, may assume the primary responsibility for the\npayment of the principal and interest on any bonds or notes issued by\nthe county for such property or facility.\n  2. The county may acquire by purchase, grant, lease, gift or\ncondemnation pursuant to the eminent domain procedure law, real property\nin the name of the county for any corporate purpose of the corporation.\n  3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the county may, from\ntime to time, appropriate sums of money to defray project costs or any\nother costs or expenses of the corporation including operating expenses.\n  Subject to the rights of bondholders, the county may determine if the\nmonies so appropriated shall be subject to repayment by the corporation\nto the county and, in such event, the manner and time or times for such\nrepayment.\n  4. In addition to the authority granted elsewhere in this title and by\nother applicable laws, the corporation and the county may enter into a\ncontract or contracts from time to time providing for one or more of the\nfollowing:\n  (a) the payment of sums appropriated by the county pursuant to\nsubdivision three of this section;\n  (b) the payment of sums for health care services provided by the\ncorporation which could otherwise be provided directly by the county,\nincluding services for uncompensated care;\n  (c) services to be provided by the county to or on behalf of the\ncorporation;\n  (d) the transfer of employees of the county to the corporation as\nprovided in section thirty-three hundred four of this title;\n  (e) indemnification by the corporation to the county for claims\nassociated with establishment of and operation of the corporation and\nits health facilities;\n  (f) the gift, grant, sale, conveyance, loan, license or lease by the\ncounty to the corporation of any property (except monies appropriated by\nthe county and payable to the corporation pursuant to subdivision three\nand paragraph (a) of this subdivision) or facilities which are useful in\nconnection with the exercise by the corporation of any of its powers\nunder this title not transferred pursuant to the authority granted in\nparagraph (a) of subdivision one of this section, which gift, grant,\nsale, conveyance, loan, license or lease shall nevertheless be subject\nto paragraph (b) of subdivision one of this section; and\n  (g) such other matters as may be appropriate to accomplish the\npurposes hereof.\n  Any such contract or contracts shall be authorized by the county by\nact adopted by majority vote of the county board of legislators and with\nthe approval of the county board of acquisition and contract. Such\ncontract or contracts shall include such terms and conditions, be for\nsuch consideration, if any, and have such term or terms of years, as the\ncorporation and the county may agree.\n  5. On the effective date of the transfer of the facilities and\noperations of the Westchester County Medical Center pursuant to an\nagreement between the county and the corporation as authorized in this\ntitle, the department shall be abolished. On and after such date, the\ndepartment of health of the county shall be vested with all power and\nauthority of the department not explicitly or implicitly transferred to\nthe corporation pursuant to this title.\n  6. (a) Notwithstanding any general, special or local law or charter\nprovisions to the contrary, the county of Westchester shall have the\npower and is hereby authorized, pursuant to section seven of article\nseventeen of the state constitution, to lend its money or credit to or\nin aid of the corporation or any subsidiary thereof for the purpose of\nproviding health related facilities or hospital facilities for the\nprevention, diagnosis or treatment of human disease, pain, injury,\ndisability, deformity or physical condition, and for facilities\nincidental or appurtenant thereto as may be prescribed by law. The\ncounty is hereby authorized to prescribe such facilities by local law of\nthe county. The corporation or any such subsidiary thereof, as a\ncondition to any such loan of money or credit, shall enter into a\nregulatory agreement with the county as to its charges, profits,\ndividends and disposition of its property of franchises, which agreement\nshall be binding and enforceable by the county insofar as this regulates\nsuch charges, profits, dividends and disposition of property. The county\nmay elect in such regulatory agreement to refrain from exercising all or\nany portion of its authority to so regulate such charges, profits,\ndividends and disposition of property to the extent such charges,\nprofits, dividends and disposition of property are regulated by the\nstate or any agency thereof. The county shall authorize such regulatory\nagreement by local law.\n  (b) In pursuance of the authority granted pursuant to this article,\nthe county shall have the power and is hereby authorized from time to\ntime to issue its bonds, notes or other obligations in such principal\namounts as it shall deem necessary, after taking into account other\nmonies which may be available for the purposes set forth in this\nsection. Except as provided for in paragraph (c) of this subdivision,\nsuch bonds, notes or obligations shall be issued for the purpose of\nmaking loans to the corporation or any subsidiary thereof, paying\ninterest on such bonds, notes or other obligations, establishment of\nreserves to secure such notes, bonds, or other obligations, and paying\nall other obligations and expenditures incidental to and necessary or\nconvenient for the making of such loans. Such bonds, notes or\nobligations shall be issued in accordance with the applicable provisions\nof this chapter and the local finance law and applicable local laws. The\ncounty, in its sole discretion, may, in lieu of the corporation,\nundertake to perform or complete the corporation's capital project if\nauthorized to do so in the county's capital budget. The corporation\nshall submit its capital project requests to the county and shall comply\nwith any and all requirements imposed by the county in accordance with\nthe county's capital projects procedures. The corporation shall also\nprovide to the county any and all documentation and information\nrequested by the county with respect to all such capital projects. In\nthe event that the county determines to undertake to perform or complete\nthe corporation's capital project pursuant to this subdivision, such\ncapital project shall be accomplished in such manner as may be\nauthorized by the county. The county may enter into contracts as are\nnecessary to carry out such capital projects on behalf of the\ncorporation, including, but not limited to, contracts for architects,\nengineers, land surveyors and other consultants, contracts for public\nworks and purchase contracts.  With respect to such contracts, the\ncounty shall comply with the requirements set forth in article five-A of\nthe general municipal law, provided however the county shall be entitled\nto utilize the provisions set forth in subdivisions nine and ten of\nsection thirty-three hundred three of this article. After the completion\nof the capital project, the corporation shall annually submit to the\nbudget director and the commissioner of finance of the county a written\nreport detailing and certifying the manner by which the corporation is\nutilizing the capital project in a manner consistent with the county's\nissuance of bonds for such project. Such report shall be submitted on or\nbefore the first day of March of each year after the project's\ncompletion.\n  (c) The county shall also have the power and is hereby authorized to\nissue its bonds, notes or other obligations to provide full funding\nwithout repayment by the corporation. The county, in its sole\ndiscretion, may, in lieu of the corporation undertake to perform or\ncomplete capital projects of the corporation, if authorized to do so in\nthe county's capital budget. Such bonds, notes or obligations, if\nauthorized by the county, shall be issued in accordance with the\napplicable provisions of this chapter, the local finance law and\napplicable local laws. The corporation shall submit its capital project\nrequests to the county and shall comply with any and all requirements\nimposed by the county in accordance with the county's capital projects\nprocedures. The corporation shall cooperate with the county and provide\nto the county any and all documentation and information requested by the\ncounty with respect to all such capital projects. In the event that the\ncounty determines to undertake to perform or complete the corporation's\ncapital project pursuant to this subdivision, such capital project shall\nbe accomplished in such manner as may be authorized by the county. The\ncounty may enter into contracts as are necessary to carry out such\ncapital projects on behalf of the corporation, including, but not\nlimited to, contracts for architects, engineers, land surveyors and\nother consultants, contracts for public works and purchase contracts.\nWith respect to such contracts, the county shall comply with the\nrequirements set forth in article five-A of the general municipal law,\nprovided however the county shall also be entitled to utilize the\nprovisions set forth in subdivisions nine and ten of section\nthirty-three hundred three of this article. After the completion of the\ncapital project, the corporation shall annually submit to the budget\ndirector and the commissioner of finance of the county a written report\ndetailing and certifying the manner by which the corporation is\nutilizing the capital project in a manner consistent with the county's\nissuance of bonds for such project. Such report shall be submitted on or\nbefore the first day of March of each year after the project's\ncompletion.\n  (d) Any guarantee by the county made pursuant to the authority granted\nin this section shall be authorized by act or acts of the county in the\nsame manner as such act or acts authorizing the issuance of bonds of the\ncounty for the purposes for which such guarantee is undertaken.\n  (e) The county shall also be authorized to enact laws governing the\nconditions under which such loans, commitments and guarantees shall be\nmade.\n  7. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the county of\nWestchester from the corporation, or any subsidiary thereof, shall be\nincluded in the term "other income".\n  8. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the county board of\nlegislators, amounts deposited for or on behalf of the Westchester\nCounty Medical Center in the liability and casualty and workers'\ncompensation reserve funds established by the county pursuant to said\nsections of the general municipal law, and investment earnings thereon,\nmay be withdrawn by the county from such funds and transferred to the\ncorporation and shall be used by the corporation for the purposes for\nwhich such funds were established.\n  (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless prior thereto the corporation has\nagreed in writing to indemnify and hold harmless the county, and provide\ndefense, for all claims, cases, proceedings, actions or other matters\nagainst the county arising out of the properties, facilities, operations\nor employees of the corporation of the Westchester County Medical\nCenter, whether commenced before or after the date of transfer of said\namounts, and to provide such other security for this obligation as the\ncounty may reasonably require.\n