N.Y. RPT Law § 489-DDDD — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-DDDD
Eligibility for benefits
Status: in_force

§ 489-dddd. Eligibility for benefits. 1. A recipient of a certificate\nof eligibility with an effective date of June thirtieth, nineteen\nhundred ninety-two or before must make one-half the minimum required\nexpenditure within eighteen months of the effective date of such\nrecipient's certificate of eligibility, and make the minimum required\nexpenditure within thirty-six months of the effective date of such\ncertificate to be eligible to receive the benefits of this title. A\nrecipient of a certificate of eligibility with an effective date of July\nfirst, nineteen hundred ninety-two or after must make one-half the\nminimum required expenditure within thirty months of the effective date\nof such recipient's certificate of eligibility, and make the minimum\nrequired expenditure within sixty months of the effective date of such\ncertificate to be eligible to receive the benefits of this title;\nprovided, however, that a recipient of a certificate of eligibility for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (ii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nmust make one-half the minimum required expenditure within eighteen\nmonths of the effective date of such recipient's certificate of\neligibility, or by December thirty-first, nineteen hundred ninety-four,\nwhichever is earlier, and make the minimum required expenditure within\nthirty-six months of the effective date of such certificate, or by\nDecember thirty-first, nineteen hundred ninety-five, whichever is\nearlier, to be eligible to receive the benefits of this title; provided,\nfurther, however, that a recipient who filed an application for a\ncertificate of eligibility for renovation construction work for property\nlocated in the renovation exemption area specified in subparagraph (ii)\nof paragraph (d) of subdivision five of section four hundred\neighty-nine-cccc of this title on or after July first, nineteen hundred\nninety-four, but before February first, nineteen hundred ninety-five,\nmust make one-half the minimum required expenditure within eighteen\nmonths of the effective date of such certificate, or by July\nthirty-first, nineteen hundred ninety-five, whichever is earlier, and\nmake the minimum required expenditure within thirty-six months of the\neffective date of such certificate, or by July thirty-first, nineteen\nhundred ninety-six, whichever is earlier, to be eligible to receive the\nbenefits of this title provided, further, however, that a recipient who\nfiled an application for a certificate of eligibility for renovation\nconstruction work for property located in the renovation exemption area\nspecified in subparagraph (i) or (iii) of paragraph (d) of subdivision\nfive of section four hundred eighty-nine-cccc of this title on or after\nJuly first, nineteen hundred ninety-five, must make one-half the minimum\nrequired expenditure within eighteen months of the effective date of\nsuch certificate, and make the minimum required expenditure within\nthirty-six months of the effective date of such certificate, to be\neligible to receive the benefits of this title. Any recipient who shall\nfail to make such expenditures shall become ineligible and shall pay,\nwith interest, any taxes for which an exemption or deferral was claimed\npursuant to this section. This subdivision shall not apply to the\nrecipient of a certificate of eligibility for construction of a new\nbuilding or structure that meets the requirements set forth in\nsubdivision nine of section four hundred eighty-nine-dddd of this title\nin a new construction exemption area.\n  2. No benefits pursuant to this title shall be granted for\nconstruction work on any condominium unit unless such unit is in a\nbuilding or structure which, if viewed as a whole and as if it were\nunder single ownership, would qualify as commercial or industrial\nproperty. The minimum required expenditure applicable to any recipient\nof a certificate of eligibility for construction work on a condominium\nunit shall be equal to the minimum expenditure which would apply if a\ncertificate of eligibility were issued for construction work on the\nentire property where such unit is located. Nothing in this subdivision\nshall be construed to prevent owners of condominium units in the same\nproperty from forming an association to be a recipient. This subdivision\nshall not apply to any applicant whose property would be, or recipient\nwhose property is, the subject of a certificate of eligibility with an\neffective date of July first, nineteen hundred ninety-two or after.\n  3. (a) No benefits pursuant to this title shall be granted for any\nconstruction work unless the applicant filed an application for such\nbenefits on or before the date of issuance of a building permit for such\nwork. The requirements of this subdivision may be satisfied where the\napplicant's architect, contractor or other representative authorized to\nfile the application for such building permit files with the department\nof finance on behalf of the applicant a preliminary application\ncontaining such information as the department of finance shall prescribe\nby regulation.\n  (b) Notwithstanding paragraph (a) of this subdivision, an applicant\nmay file an application for benefits pursuant to this title for\nrenovation construction work for property located in the areas specified\nin paragraph (c) of this subdivision, regardless of whether a building\npermit for such work was issued before such application was filed,\nprovided that such permit was not issued before January first, nineteen\nhundred ninety or after June thirtieth, nineteen hundred ninety-two, and\nprovided further that a final application is filed with, and accepted\nby, the department of finance, on or before December thirty-first,\nnineteen hundred ninety-two. The department of finance shall issue a\ncertificate of eligibility to such an applicant upon determining that\nthe applicant satisfies all other requirements of this title. The\neffective date of such certificate shall be the date of acceptance by\nthe department of finance of a final application containing such\ninformation as prescribed by rule of the department of finance. No\nbenefits pursuant to this title shall be granted for construction work\nperformed before the effective date of the recipient's certificate of\neligibility.\n  (c) Pursuant to paragraph (b) of this subdivision, an applicant may\nfile an application for benefits pursuant to this title for renovation\nconstruction work for property located in the following areas in the\nborough of Manhattan lying south of 96th Street:\n  (i) the area delineated by a line beginning at the point where the\ncenter line of 96th Street would intersect the East River Pierhead line\nand running westerly along the center line of 96th Street to the center\nline of Fifth Avenue; thence southerly along said center line to the\ncenter line of 59th Street; thence westerly along said center line to a\npoint one hundred fifty feet west of the center line of the Avenue of\nthe Americas; thence southerly parallel to the Avenue of the Americas to\nthe center line of 34th Street; thence easterly along said center line\nto the East River Pierhead line; thence northerly along said Pierhead\nline to the point of beginning; and\n  (ii) the area delineated by a line beginning at the point where the\ncenter line of Fulton Street would intersect the East River Pierhead\nline and running westerly along the center line of Fulton Street to the\ncenter line of Church Street; thence southerly along said center line to\nthe center line of Liberty Street; thence westerly along said center\nline to the Hudson River Pierhead line; thence southerly and along said\nPierhead line to the point of beginning.\n  (d) Notwithstanding paragraph (a) of this subdivision, an applicant\nmay file an application for benefits pursuant to this title for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (iii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nwithin sixty days of the effective date of chapter six hundred sixty-one\nof the laws of nineteen hundred ninety-five, regardless of whether a\nbuilding permit for such work was issued before such application was\nfiled, provided that such permit was not issued before February first,\nnineteen hundred ninety-five, and provided further that a final\napplication is filed with, and accepted by, the department of finance,\non or before December thirty-first, nineteen hundred ninety-five. The\ndepartment of finance shall issue a certificate of eligibility to such\nan applicant upon determining that the applicant satisfies all other\nrequirements of this title. The effective date of such certificate shall\nbe the date of acceptance by the department of finance of a final\napplication containing such information as prescribed by rule of the\ndepartment of finance. No benefits pursuant to this title shall be\ngranted for construction work performed before the effective date of\nsuch certificate of eligibility.\n  4. No benefits pursuant to this title shall be granted to any\nrecipient for construction work on property any part of which is to be\nused for a restricted activity.\n  5. No benefits pursuant to this title shall be granted for any\nconstruction work unless the applicant shall file, together with the\napplication, an affidavit setting forth the following information:\n  (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of eligibility, neither the\napplicant, nor any person owning a substantial interest in the property\nas defined in paragraph (c) of this subdivision, nor any officer,\ndirector or general partner of the applicant or such person was finally\nadjudicated by a court of competent jurisdiction to have violated\nsection two hundred thirty-five of the real property law or any section\nof article one hundred fifty of the penal law or any similar arson law\nof another state with respect to any building, or was an officer,\ndirector or general partner of a person at the time such person was\nfinally adjudicated to have violated such law; and\n  (b) a statement setting forth any pending charges alleging violation\nof section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building by the\napplicant or any person owning a substantial interest in the property as\ndefined in paragraph (c) of this subdivision, or any officer, director\nor general partner of the applicant or such person.\n  (c) "Substantial interest" as used in this subdivision shall mean\nownership and control of an interest of ten per centum or more in a\nproperty or any person owning a property.\n  6. If any person described in the statement required by paragraph (b)\nof subdivision five of this section is finally adjudicated by a court of\ncompetent jurisdiction to be guilty of any charge listed in such\nstatement, the recipient shall cease to be eligible for benefits\npursuant to this title and shall pay with interest any taxes for which\nan exemption, abatement or deferral was claimed pursuant to this title.\n  7. In addition to any other qualifications for exemption from or\nabatement or deferral of payment of taxes set forth in this title, an\napplicant must be:\n  (a) obligated to pay real property tax on the property for which an\nexemption, abatement or deferral is sought, whether such obligation\narises because of record ownership of such property, or because the\nobligation to pay such tax has been assumed by contract; or\n  (b) the record owner or lessee of property which is exempt from real\nproperty taxation who has entered into an agreement to sell or lease\nsuch property to another person. Such person shall be a co-applicant\nwith such owner or lessee.\n  8. A co-applicant with a public entity shall be an eligible recipient\npursuant to this title, provided that for such period as the property\nwhich is the subject of the certificate of eligibility is exempt from\nreal property taxation because it is owned or controlled by a public\nentity no benefits shall be available to such recipient, pursuant to\nthis title. Such recipient shall receive benefits pursuant to this title\nwhen such property ceases to be eligible for exemption pursuant to other\nprovisions of law, as follows: the recipient shall, commencing with the\ndate such tax exemption ceases, and continuing until the expiration of\nthe benefit period pursuant to this title, receive the benefits to which\nsuch recipient is entitled in the corresponding tax year pursuant to\nthis title.\n  9. (a)(i) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (a) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless (A) construction of\nthe foundation of such building or structure has been completed within\ntwelve months of the effective date of the recipient's certificate of\neligibility, or by December thirty-first, nineteen hundred ninety-seven,\nwhichever is earlier; and (B) construction of such building or structure\nhas been completed within thirty-six months of the effective date of the\nrecipient's certificate of eligibility, or by December thirty-first,\nnineteen hundred ninety-nine, whichever is earlier.\n  (ii) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (b) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless: (A) construction of\nthe foundation of such building or structure has been completed within\ntwenty-four months of the effective date of the recipient's certificate\nof eligibility; and (B) construction of such building or structure has\nbeen completed within forty-two months of the effective date of the\nrecipient's certificate of eligibility.\n  (iii) Notwithstanding subparagraph (i) of this paragraph, benefits\npursuant to this title may be granted for construction of a new building\nor structure in the new construction exemption area specified in\nparagraph (a) of subdivision six of section four hundred\neighty-nine-cccc of this title, provided that (A) construction of the\nfoundation of such building or structure has been completed by December\nthirty-first, nineteen hundred ninety-eight; (B) construction of such\nbuilding or structure has been completed by December thirty-first, two\nthousand; (C) such building or structure is located in the portion of\nsuch new construction exemption area lying south of the center line of\n34th Street; and (D) the applicant meets all other eligibility\nrequirements for benefits pursuant to this title, including, but not\nlimited to, the requirement that an application for a certificate of\neligibility for construction of such new building or structure shall\nhave been made before January first, nineteen hundred ninety-seven.\n  (iv) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (c) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless (A) construction of\nthe foundation of such building or structure has been completed within\ntwenty-four months of the effective date of the recipient's certificate\nof eligibility; and (B) construction of such building or structure has\nbeen completed within forty-two months of the effective date of the\nrecipient's certificate of eligibility.\n  (b) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in a new construction\nexemption area unless such building or structure meets the requirements\nset forth in subparagraphs (i) and (ii) of this paragraph and, in\naddition, meets at least two of the five requirements set forth in\nsubparagraphs (iii) through (vii) of this paragraph.\n  (i) The height of at least fifty per centum of the floors in such\nbuilding or structure shall be not less than twelve feet, nine inches\nmeasured from the top of the slab comprising the floor to the bottom of\nthe slab comprising the ceiling, provided, however, that in the case of\na new building or structure that is eligible for benefits pursuant to\nsubparagraph (iii) of paragraph (a) of this subdivision, the height of\nat least forty per centum of the floors in such building or structure\nshall be not less than twelve feet, nine inches measured from the top of\nthe slab comprising the floor to the bottom of the slab comprising the\nceiling;\n  (ii) Such building or structure shall be served by fiber-optic\ntelecommunications wiring and shall contain vertical penetrations for\nthe distribution of fiber optic cabling to individual tenants on each\nfloor;\n  (iii) The total square footage of such building or structure is not\nless than five hundred thousand gross square feet;\n  (iv) A minimum of two hundred thousand gross square feet or\ntwenty-five per centum of such building or structure is comprised of\nfloors of not less than forty thousand gross square feet;\n  (v) At least ten per centum of the gross square footage of such\nbuilding or structure is comprised of floors that contain no more than\neight structural columns, excluding any columns within the core or on\nthe periphery of such building or structure;\n  (vi) The electrical capacity of such building or structure is not less\nthan six watts per net square foot;\n  (vii) Emergency backup power sufficient to accommodate a need of six\nwatts per net square foot is available in at least two hundred thousand\ngross square feet or twenty-five per centum of such building or\nstructure.\n  10. No benefits pursuant to this title shall be granted for\nconstruction work performed pursuant to a building permit issued after\nJuly thirty-first, two thousand eight, except that if a building permit\nis issued on or before July thirty-first, two thousand eight for\nconstruction work on a building or structure described in an application\nfor a certificate of eligibility filed on or before June thirtieth, two\nthousand eight, construction work performed as described in such\napplication pursuant to any additional building permit issued on or\nafter August first, two thousand eight shall be eligible for benefits\npursuant to this title in accordance with this subdivision.\n  (a) Except as provided in paragraph (b) of this subdivision, all\nconstruction work performed pursuant to any such application shall be\ncompleted on or before December thirty-first, two thousand thirteen. No\nbenefits shall be granted for construction work performed after such\ndate, and any exemption granted pursuant to this title in relation to\nproperty on which such construction work was performed shall not exceed\nthe amount of the exemption in effect for such property on the tax roll\nfor which the taxable status date is January fifth, two thousand\nfourteen.\n  (b) All construction work performed pursuant to any such application\nfor the construction of a new building or structure in the new\nconstruction exemption area specified in paragraph (c) of subdivision\nsix of section four hundred eighty-nine-cccc of this title shall be\ncompleted in accordance with subparagraph (iv) of paragraph (a) of\nsubdivision nine of this section and, if not completed in accordance\nwith such subparagraph, shall not be eligible for benefits pursuant to\nthis title.\n  (c) For purposes of this subdivision, construction work as described\nin an application for a certificate of eligibility shall be deemed\ncompleted on the date on which the department of buildings of a city\nthat has enacted a local law pursuant to this title issues a temporary\nor final certificate of occupancy or, if such construction work does not\nrequire the issuance of a certificate of occupancy, the date on which\nthe applicant and the applicant's architect or professional engineer for\nsuch construction work submit to the department of finance an affidavit\ncertifying that such construction work has been completed. For purposes\nof this subdivision, a demolition permit shall be deemed to be a\nbuilding permit issued for construction work.\n
N.Y. ELN Law § 17-220 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-220
Applicability
Status: in_force

§ 17-220. Applicability. The provisions of this title shall apply to\nall elections for any elected office or electoral choice within the\nstate or any political subdivision. The provisions of this title shall\napply notwithstanding any other provision of law, including any other\nstate law or local law; provided, however, that school districts and\nlibraries shall continue to conduct their elections under the education\nlaw, subject to and not inconsistent with the provisions of this title,\nto ensure voters of race, color, and language-minority groups have\nequitable access to fully participate in the electoral process.\n
N.Y. MDW Law § 64 — New York Code / Act MDW / Article 3 / Title 2 / Section 64
Lighting; gas meters; gas and oil appliances
Status: in_force

§ 64. Lighting; gas meters; gas and oil appliances. 1. Every multiple\ndwelling after July first, nineteen hundred fifty-five, shall be\nadequately equipped throughout all stories and cellars for lighting by\ngas or electricity, with proper fixtures at every light outlet,\nincluding lighting for all means of egress leading to the street, yards\nor courts, and for every room, water-closet compartment, bathroom, stair\nor public hall.\n  2. No gas meter, other than a replacement meter, installed in a\nmultiple dwelling after July first, nineteen hundred fifty-five, shall\nbe located in any boiler room or other room or space containing a\nheating boiler, nor in any stair hall, nor in any public hall above the\ncellar or above the lowest story if there is no cellar, except that in\nany multiple dwelling where there is an existing gas meter located in\nany boiler room or other room or space containing a heating boiler, one\nadditional gas meter may be installed in such room or space, provided\nsuch additional gas meter is installed adjacent to such existing gas\nmeter and is used in conjunction with the supply of gas for a gas-fired\nheating boiler or a gas-fired water heater used as a central source of\nsupply of heat or hot water for the tenants residing in such multiple\ndwelling. Such additional gas meter may be installed only upon condition\nthat space heaters or hot water appliances in the apartments are\neliminated. For the purposes of this subdivision, the term "gas meter"\nshall not include any instrument, device or apparatus used to measure\nthe consumption of gas where no gas, manufactured, natural or mixed, is\ncontained in or flows through such instrument, device or apparatus,\nprovided that such instrument, device or apparatus is approved by and\ninstalled under the supervision of the city agency vested by law with\njurisdiction to inspect and test wiring and appliances for electric\nlight, heat and power and provided further that the location of such\ninstrument, device or apparatus is approved by the department.\n  3. It shall be unlawful to place, use, or to maintain in a condition\nintended, arranged or designed for use, any gas-fired cooking appliance,\nlaundry stove, heating stove, range or water heater or combination of\nsuch appliances in any room or space used for living or sleeping in any\nnew or existing multiple dwelling unless such room or space has a window\nopening to the outer air or such gas appliance is vented to the outer\nair. All automatically operated gas appliances shall be equipped with a\ndevice which shall shut off automatically the gas supply to the main\nburners when the pilot light in such appliance is extinguished. A gas\nrange or the cooking portion of a gas appliance incorporating a room\nheater shall not be deemed an automatically operated gas appliance.\nHowever, burners in gas ovens and broilers which can be turned on and\noff or ignited by non-manual means shall be equipped with a device which\nshall shut off automatically the gas supply to those burners when the\noperation of such non-manual means fails. All gas appliances shall be\nconnected directly to the gas supply by means of rigid piping or other\napproved connectors or connections of incombustible materials. All such\nautomatically operated gas appliances and devices shall be approved by\nthe local agency empowered to grant the same.\n  4. It shall be unlawful to use, or to maintain in a condition\nintended, arranged or designed for use, in any multiple dwelling any\noil-burning equipment for heating or cooking, unless such equipment has\nbeen approved for design, manufacture and appropriate safety and\nventilating requirements by the local board of standards and appeals;\nprovided, however, that in a city having a population of one million or\nmore, approval of such equipment for use in any multiple dwelling shall\nbe made by the commissioner of buildings or the fire commissioner, as\nappropriate, in accordance with local law.\n  5. All appliances in use after June thirtieth, nineteen hundred\nfifty-five, shall conform to the provisions of subdivisions three and\nfour of this section except that appliances now in use shall conform to\nsuch provisions not later than June thirtieth, nineteen hundred\nfifty-six.\n
N.Y. ISC Law § 4912 — New York Code / Act ISC / Article 49 / Title 2 / Section 4912
Standards for certification
Status: in_force

§ 4912. Standards for certification. (a) The superintendent shall\ndevelop an application for certification. At a minimum, applicants shall\nprovide:\n  (1) a description of the qualifications of the clinical peer reviewers\nretained to conduct external appeals of final adverse determinations\nincluding such reviewers' current and past employment history and\npractice affiliations;\n  (2) a description of the procedures employed to ensure that clinical\npeer reviewers conducting external appeals are:\n  (i) appropriately licensed, registered or certified;\n  (ii) trained in the principles, procedures and standards of the\nexternal appeal agent; and\n  (iii) knowledgeable about the health care service which is the subject\nof the final adverse determination under appeal;\n  (3) a description of the methods of recruiting and selecting impartial\nclinical peer reviewers and matching such reviewers to specific cases;\n  (4) the number of clinical peer reviewers retained by the external\nappeal agent, and a description of the areas of expertise available from\nsuch reviewers and the types of cases such reviewers are qualified to\nreview;\n  (5) a description of the policies and procedures employed to protect\nthe confidentiality of individual medical and treatment records in\naccordance with applicable state and federal laws;\n  (6) a description of the quality assurance program established by the\nexternal appeal agent pursuant to paragraph three of subsection (b) of\nthis section;\n  (7) the names of all corporations and organizations owned or\ncontrolled by the external appeal agent, or which owns or controls such\nagent, and the nature and extent of any such ownership or control;\n  (8) the names and biographies of all directors, officers, and\nexecutives of the external appeal agent;\n  (9) an experimental and investigational treatment review plan to\nconduct appeals pursuant to subparagraph (B) of paragraph four of\nsubsection (b) of section four thousand nine hundred fourteen of this\ntitle; and\n  (10) a description of the fees to be charged by agents for external\nappeals.\n  (b) The superintendent shall, at a minimum, require an external appeal\nagent to:\n  (1) appoint a medical director, who is a physician in possession of a\ncurrent and valid non-restricted license to practice medicine. Such\ndirector shall be responsible for the supervision and oversight of the\nexternal appeal process;\n  (2) develop written policies and procedures governing all aspects of\nthe appeal process, including, at a minimum:\n  (i) procedures to ensure that appeals are conducted within the time\nframes specified in section four thousand nine hundred fourteen of this\ntitle, and any required notices are provided in a timely manner;\n  (ii) procedures to ensure the selection of qualified and impartial\nclinical peer reviewers. Such reviewers shall be qualified to render and\nimpartial determinations relating to the health care service which is\nthe subject of the final adverse determination under appeal;\n  (iii) procedures to ensure the confidentiality of medical and\ntreatment records and review materials; and\n  (iv) procedures to ensure adherence to the requirements of this title\nby any contractor, subcontractor, subvendor, agent or employee\naffiliated by contract or otherwise with such external appeal agent;\n  (3) establish a quality assurance program. Such program shall include\nwritten descriptions, to be provided to all individuals involved in such\nprogram, of the organizational arrangements and ongoing procedures for\nthe identification, evaluation, resolution and follow-up of potential\nand actual problems in external appeals performed by the external appeal\nagent and to ensure the maintenance of program standards pursuant to\nthis section;\n  (4) establish a toll-free telephone service to receive information on\na 24-hour-a-day 7-day-a-week basis relating to external appeals pursuant\nto this title. Such system shall be capable of accepting, recording or\nproviding instruction to incoming telephone calls during other than\nnormal business hours;\n  (5) develop procedures to ensure that:\n  (i) appropriate personnel are reasonably accessible not less than\nforty hours per week during normal business hours to discuss patient\ncare and to allow response to telephone requests, and\n  (ii) response to accepted or recorded messages shall be made not less\nthan one business day after the date on which the call was received; and\n  (6) be accredited by a nationally recognized private accrediting\norganization.\n  (c) No entity shall be qualified to submit such request for\napplication if it owns or controls, is owned or controlled by, or\nexercises common control with, any of the following:\n  (1) any national, state or local illness, health benefit or public\nadvocacy group;\n  (2) any national, state or local society or association of hospitals,\nphysicians, or other providers of health care services; or\n  (3) any national, state or local association of health care plans.\n  (d) A health care plan shall transmit, and an external appeal agent\nshall be authorized to receive and review, an insured's medical and\ntreatment records in order to conduct an external appeal pursuant to\nthis title.\n  (e) An external appeal agent shall provide ready access to the\nsuperintendent to all data, records, and information collected and\nmaintained concerning such agent's external appeal activities.\n  (f) An external appeal agent shall agree to provide the superintendent\nsuch data, information, and reports as the superintendent determines\nnecessary to evaluate the external appeal process established pursuant\nto this title.\n  (g) The superintendent shall provide, upon the request of any\ninterested person, a copy of all non-proprietary information filed with\nthe superintendent by the external appeal agent. The superintendent may\ncharge a reasonable fee to the interested person for reproducing the\nrequested information.\n
N.Y. DOM Law § 113 — New York Code / Act DOM / Article 7 / Title 2 / Section 113
Special provisions relating to adoption from authorized agencies
Status: in_force

§ 113. Special provisions relating to adoption from authorized\nagencies.  1. An authorized agency may consent to the adoption of a\nminor whose custody and guardianship has been transferred to such\nagency. An authorized agency may also consent to the adoption of a minor\nwhose care and custody has been transferred to such agency pursuant to\nsection one thousand fifty-five of the family court act or section three\nhundred eighty-four-a of the social services law, where such child's\nparents are both deceased, or where one parent is deceased and the other\nparent is not a person entitled to notice pursuant to sections one\nhundred eleven and one hundred eleven-a of this chapter.\n  2. In accordance with subparagraph three of paragraph (g) of\nsubdivision six of section three hundred ninety-eight of the social\nservices law, an authorized agency may submit a written request to a\nsocial services district with a population of more than two million for\napproval to consent to the adoption of a child whose custody and\nguardianship, or of a child where such child's parents are both\ndeceased, or where one parent is deceased and the other parent is not\nentitled to notice pursuant to sections one hundred eleven and one\nhundred eleven-a of this chapter, and whose care and custody, has been\ntransferred to a social services official and who has been placed by the\nsocial services official with the authorized agency. If the request is\nnot disapproved by the social services district within sixty days after\nits submission, it shall be deemed approved, and the authorized agency\nmay give all necessary consent to the adoption of the child. Nothing\nherein shall result in the transfer of care and custody or custody and\nguardianship of the child from the social services official to the\nauthorized agency.\n  3. (a) The agreement of adoption shall be executed by such authorized\nagency.\n  (b)(i) If the adoption petition is filed pursuant to subdivision eight\nof section one hundred twelve of this article or subdivision ten of\nsection three hundred eighty-three-c or subdivision eleven of section\nthree hundred eighty-four-b of the social services law, the petition\nshall be filed in the county where the termination of parental rights\nproceeding or judicial surrender proceeding, as applicable, is pending\nand shall be assigned, wherever practicable, to the same judge.\n  (ii) In any other agency adoption proceeding, the petition shall be\nfiled in the same court and, wherever practicable, shall be assigned to\nthe same judge of the county in which parental rights had been\nterminated, a judicial surrender had been approved or the most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law had been heard,\nwhichever occurred last, or in the county where the adoptive parents\nreside or, if such adoptive parents do not reside in this state, in the\ncounty where such authorized agency has its principal office. The\nfollowing procedures shall be applicable in cases where the child is\nunder the jurisdiction of a family court, but where the adoption\npetition has been filed in a court other than the court that presided\nover the termination of parental rights, surrender or most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law, whichever\noccurred last:\n  (A) Before hearing such an adoption proceeding, the court in which the\nadoption petition was filed shall ascertain whether the child is under\nthe jurisdiction of a family court as a result of a placement under\narticle ten or ten-A of the family court act or section three hundred\nfifty-eight-a of the social services law, a surrender under section\nthree hundred eighty-three-c or three hundred eighty-four of the social\nservices law or an order committing guardianship and custody under\narticle six of the family court act or section three hundred\neighty-four-b of the social services law, and, if so, which court\nexercised jurisdiction over the most recent permanency or other\nproceeding involving the child.\n  (B) If the court determines that the child is under the jurisdiction\nof a different family court, the court in which the adoption petition\nwas filed shall stay its proceeding for not more than thirty days and\nshall communicate with the family court judge who exercised jurisdiction\nover the most recent permanency or other proceeding involving the child.\nThe communication shall be recorded or summarized on the record by the\ncourt in which the adoption petition was filed. Both courts shall notify\nthe parties and the attorney for the child, if any, in their respective\nproceedings and shall give them an opportunity to present facts and\nlegal argument or to participate in the communication prior to the\nissuance of a decision on jurisdiction.\n  (C) The family court judge who exercised jurisdiction over the most\nrecent permanency or other proceeding involving the child shall\ndetermine whether he or she should assume or decline jurisdiction over\nthe adoption proceeding. In making its determination, the family court\njudge shall consider, among other factors: the relative familiarity of\neach court with the facts and circumstances regarding permanency\nplanning for, and the needs and best interests of, the child; the\nability of the attorney for the child to continue such representation in\nthe adoption proceeding, if appropriate; the convenience of each court\nto the residence of the prospective adoptive parent or parents; and the\nrelative ability of each court to hear and determine the adoption\npetition expeditiously. The court in which the adoption petition was\nfiled shall issue an order incorporating this determination of\njurisdiction within thirty days of the filing of the adoption petition.\n  (D) If the family court that exercised jurisdiction over the most\nrecent permanency or other proceeding determines that it should exercise\njurisdiction over the adoption petition, the order of the court in which\nthe adoption petition was filed shall direct the transfer of the\nproceeding forthwith but in no event more than thirty-five days after\nthe filing of the petition. The petition shall be assigned, wherever\npracticable, to the family court judge who heard the most recent\npermanency or other proceeding involving the child.\n  (E) If the family court that exercised jurisdiction over the\npermanency or other proceeding involving the child declines to exercise\njurisdiction over the adoption petition, the court in which the adoption\npetition was filed shall issue an order incorporating that determination\nand shall proceed forthwith.\n  (iii) Neither such authorized agency nor any officer or agent thereof\nneed appear before the judge or surrogate. The judge or surrogate in his\nor her discretion may accept the report of an authorized agency verified\nby one of its officers or agents as the report of investigation\nhereinbefore required. In making orders of adoption the judge or\nsurrogate when practicable must give custody only to persons of the same\nreligious faith as that of the adoptive child in accordance with article\nsix of the social services law.\n
N.Y. EDN Law § 2018-D — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2018-D
Military voters
Status: in_force

§ 2018-d. Military voters. 1. As used in this section, the following\nterms shall have the following meanings:\n  (a) "Military service" means the military service of the state, or of\nthe United States, including the army, navy, marine corps, air force,\ncoast guard, space force, merchant marine and all components thereof,\nand the coast and geodetic survey, the public health service, the\nnational guard when in the service of the United States pursuant to call\nas provided by law, and the cadets or midshipmen of the United States\nMilitary Academy, United States Naval Academy, United States Air Force\nAcademy, United States Merchant Marine Academy and United States Coast\nGuard Academy.\n  (b) "Military voter" means a qualified voter of the state of New York\nwho is in actual military service, as defined in paragraph (a) of this\nsubdivision, and by reason of such military service is absent from his\nor her district on the day of registration or election, or a voter who\nis discharged from such military service within thirty days of an\nelection and the spouse, parent, child or dependent of such voter\naccompanying or being with him or her, if a qualified voter and a\nresident of the same school district.\n  (c) "Military ballot" means the ballot prepared, printed and supplied\nfor use by the military for the election of members of the board of\neducation and school district public library trustees, the adoption of\nthe annual budget and school district public library budget and\nreferenda.\n  (d) "Military address" means the mailing address of a military voter\nother than his or her residence address in his or her school district.\n  (e) "Appropriate school board of education" means the board of\neducation in whose jurisdiction the military voter resides as a\nqualified voter.\n  2. A military voter may designate a preference to receive a military\nballot by mail, facsimile transmission or electronic mail. Such\ndesignation shall remain in effect until revoked or changed by the\nmilitary voter. If a military voter does not designate a preference, the\nboard of education shall transmit the military ballot application or\nmilitary ballot by mail. If a military voter designates a preference for\nfacsimile transmission or electronic mail but does not provide the\nnecessary facsimile number or e-mail address, the board of education\nshall transmit the voter registration application, military ballot\napplication or military ballot by mail and request the omitted\ninformation. All communications to the military voter shall include the\nmailing address of the board of education.\n  3. Irrespective of the preferred method of transmission designated by\na military voter, a military voter's original military ballot\napplication and military ballot must be returned by mail or in person.\n  4. Ballots for military voters shall be mailed or otherwise\ndistributed by the board of education, in accordance with the preferred\nmethod of transmission, as soon as practicable, but not later than\ntwenty-five days before any election as provided in this article, and\nfourteen days before any election as provided in article fifty-three of\nthis title.\n  5. The military voter shall mark the military ballot provided for in\nthis article in the same manner as an absentee ballot. After marking the\nballot, he or she shall fold such ballot and enclose it in the inner\naffirmation envelope bearing the military voter's affirmation on the\noutside of the envelope and seal the envelope. He or she shall then sign\nthe affirmation, with the blanks properly filled in. The inner\naffirmation envelope containing the military ballot shall then be\ninserted in the outer envelope addressed to the appropriate board of\neducation, which shall be mailed or personally delivered to the\nappropriate board of education within the time limits provided by this\narticle.\n  6. The board of education shall cause all military ballots received by\nit before the close of the polls on election day and showing a\ncancellation mark of the United States postal service or a foreign\ncountry's postal service, or showing a dated endorsement of receipt by\nanother agency of the United States government or are signed and dated\nby the voter and one witness thereto, with a date which is ascertained\nto be not later than the day before election and which must be received\nin the office of the clerk of the school district not later than five\np.m. on the day of the election in order to be canvassed.\n  7. The board of inspectors shall thereafter process such ballots in\nthe same manner as provided in sections two thousand eighteen-a and two\nthousand eighteen-b of this article for the canvassing of absentee\nballots.\n  8. The board of education shall determine, three days before the first\nday for distribution of military ballots, the names of all candidates\nduly nominated for public office and the amendments, referenda,\npropositions and questions to be voted for on such ballots. If at a\nlater date the nomination of any candidate named on a military ballot is\nfound invalid, the ballot shall still be valid, but no vote cast for any\nsuch candidate on such ballot shall be counted at the election. The\nfailure of any school board to include the name of any candidate or any\nproposition or question on the military ballot shall in no way affect\nthe validity of the election with respect to the office for which the\nnomination was made or the validity of the military ballot as to any\nother matter.\n  9. The department is authorized to take such steps and do such things\nas, in its opinion, are necessary to make effective the provisions of\nany other section, in order to utilize fully any federal or other\nfacilities in the distribution of military ballots.\n  10. The provisions of this section shall be liberally construed for\nthe purpose of providing military voters the opportunity to vote. The\ndepartment shall have power to adopt and promulgate regulations to\neffectuate the provisions of this section.\n
N.Y. SOS Law § 400 — New York Code / Act SOS / Article 6 / Title 2 / Section 400
Removal of children
Status: in_force

§ 400.  Removal of children. 1.  When any child shall have been placed\nin an institution or in a family home by a  social services official,\nthe social services official may remove such child from such institution\nor family home and make such disposition of such child as is provided by\nlaw, provided however, that in the case of a child who is a patient in a\nhospital licensed or operated by the office of mental health, such\nsocial services official may remove such child only upon the written\nauthorization of the medical director of the facility in which the child\nis a patient. A medical director may only refuse to authorize the\nremoval of a child if involuntary care and treatment of the child is\nwarranted. In such case the director shall institute necessary civil\ncommitment proceedings in accordance with article nine of the mental\nhygiene law.\n  2.  Any person aggrieved by such decision of a social services\nofficial may appeal to the department pursuant to the provisions of\nsection twenty-two of this chapter.\n
N.Y. EDN Law § 1709 — New York Code / Act EDN / Title 2 / Article 35 / Section 1709
Powers and duties of boards of education
Status: in_force

§ 1709. Powers and duties of boards of education. The said board of\neducation of every union free school district shall have power, and it\nshall be its duty:\n  1. To adopt such by-laws and rules for its government as shall seem\nproper in the discharge of the duties required under the provisions of\nthis chapter.\n  2. To establish such rules and regulations concerning the order and\ndiscipline of the schools, in the several departments thereof, as they\nmay deem necessary to secure the best educational results.\n  3. To prescribe the course of study by which the pupils of the schools\nshall be graded and classified, and to regulate the admission of pupils\nand their transfer from one class or department to another, as their\nscholarship shall warrant.\n  4. To prescribe the text-books to be used in the schools, and to\ncompel a uniformity in the use of the same, pursuant to the provisions\nof this chapter, and to furnish the same to pupils out of any moneys\nprovided for that purpose.\n  4-a. To develop a plan to ensure that all instructional materials to\nbe used in the schools of the district are available in a usable\nalternative format for each student with a disability, as defined in\nsection forty-four hundred one of this chapter, and for each student who\nis a qualified individual with a disability as defined in the\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\namended, in accordance with his or her educational needs and course\nselection, at the same time as such instructional materials are\navailable to non-disabled students. As part of such plan, the board of\neducation shall amend its procurement policies to give a preference in\nthe purchase of instructional materials to vendors who agree to provide\nmaterials in alternative formats. For purposes of this subdivision,\n"alternative format" shall mean any medium or format for the\npresentation of instructional materials, other than a traditional print\ntextbook, that is needed as an accommodation for a disabled student\nenrolled in the school district, including but not limited to Braille,\nlarge print, open and closed captioned, audio, or an electronic file in\nan approved format, as defined in the regulations of the commissioner.\nWhen an electronic file is provided, the plan shall specify how the\nformat will be accessed by students and/or how the district shall\nconvert to an accessible format. Such plan shall identify the needs of\nstudents residing in the district for alternative format materials. Such\nplan shall also specify ordering timelines to ensure that alternative\nformat materials are available at the same time as regular format\nmaterials. Such plans shall include procedures to address the need to\nobtain materials in alternative format without delay for disabled\nstudents who move into the school district during the school year.\n  5. To make provision for the instruction of pupils in all subjects in\nwhich such instruction is required to be given under the provisions of\narticle seventeen of this chapter.\n  6. To purchase sites, or additions thereto, for recreation grounds,\nfor agricultural education purposes, and for schoolhouses for the\ndistrict, when designated by a meeting of the district; and to construct\nsuch schoolhouses and other structures and additions thereto as may be\nso designated; and to operate the facilities provided and to market any\nsurplus of farm products that might be so raised and as may be so\ndesignated; to purchase furniture and apparatus for such schoolhouses,\nand to keep the furniture and apparatus therein in repair; and, when\nauthorized by such meeting, to purchase implements, supplies, and\napparatus for agricultural, athletic, playground, and social center\npurposes.\n  7. To lease, on a temporary basis, necessary space not located on\nschool property, when the facilities of the district are overcrowded or\ndamaged or destroyed, and to furnish and equip such space for school\ndistrict use. The use of such space shall be subject to annual approval\nby the commissioner.\n  8. To insure the schoolhouses and their furniture, apparatus and\nappurtenances, and the school library, in some insurance company created\nby or under the laws of this state, or in some insurance company\nauthorized by law to transact business in this state, and to comply with\nthe conditions of the policy, and raise the sums required for premiums\nby district tax; provided, however, that the members of the board shall\nnot be personally liable for any claim arising out of the use or\ncondition of the aforementioned property if the board, after due\ndiligence, is unable to obtain such insurance.\n  8-a. In its discretion to insure pupils against damage occasioned\nbecause of accidental personal injuries sustained while participating in\nphysical education classes, intramural and interscholastic sports\nactivities, in such a company, and raise the sums required for premiums\nby district tax.\n  8-b. In its discretion, to purchase insurance against accidents to\npupils occurring in school, on school grounds, while being transported\nbetween home and school in a school bus as defined in section thirty-six\nhundred twenty-one, and during sponsored trips.\n  8-c. To establish and maintain a program of reserves not to exceed\nthree per centum, exclusive of any planned balance presently authorized,\nof the annual budget of the district to cover property loss and\nliability claims. In the event that three per centum, exclusive of any\nplanned balance presently authorized, of the annual budget of the\ndistrict would result in less than fifteen thousand dollars, the total\nreserve funds may be for an amount not to exceed fifteen thousand\ndollars. Separate funds shall be established for property loss and for\nliability claims and the separate identity of each fund shall be\nmaintained whether its assets consist of cash or investments or both.\nThe moneys in such funds shall be accounted for separate and apart from\nall other funds of the school district, in the same manner as provided\nin subdivision ten of section six-c of the general municipal law. Such\nmoneys may be invested in accordance with section seventeen hundred\ntwenty-three-a of this chapter. Any interest earned or capital gain\nrealized on the moneys so deposited shall accrue and become part of such\nfunds. Such reserve funds shall not be reduced to amounts less than the\ntotal of the amounts estimated to be necessary to cover incurred but\nunsettled claims or suits including expenses in connection therewith\nother than by payments for losses for which such amounts were\nestablished. Payments from such reserve funds shall not be made for\npurposes other than those for which such funds were established without\nauthorizations by vote of the electors of the district, except that such\nboard may authorize use of such funds other than amounts allocated for\nunsettled claims or suits including expenses in connection therewith to\npay premiums for insurance policies purchased to insure subsequent\nlosses in areas previously self-insured, in the event of dissolution of\nthe self-insurance plan.\n  9. To take charge and possession of the schoolhouses, sites, lots,\nfurniture, books, apparatus, and all school property within its\ndistrict; and the title of the same shall be vested respectively in said\nboard of education.\n  10. To alter and equip for use as a public library any former\nschoolhouse or part thereof, the title to which is vested in the board,\nwhen duly authorized by the qualified voters of the school district.\n  11. To sell, when authorized by a vote of the qualified voters of the\nschool district, any former school site or lot, or any real estate the\ntitle to which is vested in the board, and the buildings thereon, and\nappurtenances or any part thereof, at such price and upon such terms as\nsaid voters shall prescribe, and to convey the same by deed to be\nexecuted by the board or a majority of the members thereof. Also to\nexchange real estate belonging to the district for the purpose of\nimproving or changing schoolhouse sites. All deeds or other conveyances\nof real property heretofore made and delivered, executed by said board\nof education by its officers, or in the manner in which deeds are\nexecuted by corporations, or executed in any other manner, shall be as\nvalid and of the same force and effect as if executed by said board of\neducation or a majority of the members thereof; but this provision shall\nnot affect any action or proceeding pending at the time of the taking\neffect hereof.\n  12. To take and hold for the use of the said schools or of any\ndepartment of the same, any real estate transferred to it by gift,\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\nkind, given or bequeathed to the said board, and apply the same, or the\ninterest or proceeds thereof, according to the instructions of the donor\nor testator.\n  12-a. To take and hold in trust for the purpose of awarding\nscholarships in said schools any real estate transferred to it by gift,\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\nkind, given or bequeathed to said board and apply the same, or the\ninterest or proceeds thereof, according to the instructions of the donor\nor testator.\n  12-b. To establish a charitable fund, by resolution of the board, to\nreceive unrestricted charitable monetary donations made to such fund for\nuse by the district for public educational purposes. The monies of such\ncharitable fund shall be deposited and secured in the manner provided by\nsection ten of the general municipal law. The monies of such charitable\nfund may be invested in the manner provided by section eleven of the\ngeneral municipal law. Any interest earned or capital gain realized on\nthe money so invested shall accrue to and become part of such fund. At\nsuch time and in such amounts as determined by the board, the monies of\nsuch charitable fund shall be transferred to the school district's\ngeneral fund for expenditure consistent with the charitable purposes of\nthe fund, provided that the amount of taxes to be levied by the school\ndistrict for any school year shall be determined without regard to any\nsuch transfer. The school district shall maintain an accounting of all\nsuch deposits, interest or capital gain, transfers, and expenditures.\n  13. To have in all respects the superintendence, management and\ncontrol of said union free schools, and to establish therein, in\nconformity with the regents rules, an academic department, whenever in\ntheir judgment the same is warranted by the demand for such instruction;\nto receive into said union free schools any pupils residing out of said\ndistrict, and to regulate and establish the tuition fees of such\nnonresident pupils in the several departments of said schools.\n  14. To provide fuel, furniture, apparatus and other necessaries for\nthe use of said schools.\n  15. To appoint such librarians as they may from time to time deem\nnecessary.\n  16. To contract with and employ such persons as by the provisions of\nthis chapter are qualified teachers, to determine the number of teachers\nto be employed in the several departments of instruction in said school,\nand at the time of such employment, to make and deliver to each teacher\na written contract as required by section three thousand eleven of this\nchapter, except as otherwise provided by sections three thousand twelve\nand three thousand thirteen; and employ such persons as may be necessary\nto supervise, organize, conduct and maintain athletic, playground and\nsocial center activities, or for any one or more of such purposes; and\nto adopt rules and regulations governing the excusing of absences of all\nteachers and other employees and for the granting of leaves of absence\nto such employees either with or without pay. The regular teachers of\nthe school may be employed at an increased compensation or otherwise,\nand by separate agreement, written or oral, for one or more of such\npurposes.\n  17. To fill any vacancy which may occur in said board by reason of the\ndeath, resignation, removal from office or from the school district, or\nrefusal to serve, of any member or officer of said board; and the person\nso appointed in the place of any such member of the board shall hold his\noffice until the next regular school district election. The person\nelected to fill such vacancy shall take office immediately upon filing\nof his official oath of office with the district clerk.\n  18. To remove any member of their board for official misconduct. But a\nwritten copy of all charges made of such misconduct shall be served upon\nhim at least ten days before the time appointed for a hearing of the\nsame; and he shall be allowed a full and fair opportunity to refute such\ncharges before removal.\n  19. To provide and maintain suitable and convenient waterclosets as\nprovided in section four hundred eleven of this chapter.\n  20. To raise by tax upon the property of the district any moneys\nrequired to pay the salary of teachers employed.\n  20-a. a. In its discretion to adopt a resolution establishing the\noffice of claims auditor and appoint a claims auditor who shall hold his\nor her position subject to the pleasure of such board of education. In\nits discretion, the board of education may adopt a resolution\nestablishing the office of deputy claims auditor who shall act as claims\nauditor in the absence of the claims auditor. Such claims auditor shall\nreport directly to the board of education. No person shall be eligible\nfor appointment to the office of claims auditor or deputy claims auditor\nwho shall also be:\n  (1) a member of the board of education;\n  (2) the clerk or treasurer of the board of education;\n  (3) the superintendent of schools or other official of the district\nresponsible for business management;\n  (4) the person designated as purchasing agent; or\n  (5) clerical or professional personnel directly involved in accounting\nand purchasing functions of the school district.\n  b. Such claims auditor or deputy claims auditor shall not be required\nto be a resident of the district, and such position shall be classified\nin the exempt class of the civil service. Such board of education, at\nany time after the establishment of the office of claims auditor or\ndeputy claims auditor, may adopt a resolution abolishing such office,\nwhereupon such office shall be abolished. When the office of claims\nauditor shall have been established and a claims auditor shall have been\nappointed and shall have qualified, the powers and duties of the board\nof education with respect to claims auditing, allowing or rejecting all\naccounts, charges, claims or demands against the school district shall\ndevolve upon and thereafter be exercised by such claims auditor, during\nthe continuance of such office. A board shall be permitted to delegate\nthe claims audit function to one or more independent entities by using\n(1) inter-municipal cooperative agreements, (2) shared services to the\nextent authorized by section nineteen hundred fifty of this title, or\n(3) independent contractors, to fulfill this function.\n  c. When the board of education delegates the claims audit function\nusing an inter-municipal cooperative agreement, shared service\nauthorized by section nineteen hundred fifty of this title, or an\nindependent contractor, the board shall be responsible for auditing all\nclaims for services from the entity providing the delegated claims\nauditor, either directly or through a delegation to a different\nindependent entity.\n  21. To provide school health services, as defined in subdivision two\nof section nine hundred one of this chapter, to all children in\nattendance upon schools under their supervision and to pay any expense\nincurred therefor.\n  22. To provide, purchase, lease, furnish and maintain buildings or\nother suitable accommodations for the use of teachers or other employees\nof the district when duly authorized by a meeting of the district and to\nraise by tax upon the taxable property of the district and moneys\nnecessary for such purposes; and also to provide, maintain and operate a\ncafeteria or restaurant service for the use of pupils and teachers while\nat school. Such cafeteria may be used by the community for school\nrelated functions and activities and to furnish meals to the elderly\nresidents, sixty years of age or older, of the district. Such\nutilization shall be subject to the approval of the board of education.\nCharges shall be sufficient to meet the direct cost of preparing and\nserving such meals, reducible by available reimbursements.\n  23. To provide milk for pupils within the limitations of an\nappropriation made therefor.\n  24. To provide transportation, home-teaching or special classes, as\ndefined under sections forty-four hundred one and forty-four hundred two\nof this chapter for physically or mentallly handicapped and delinquent\nchildren. Such transportation, home-teaching or special classes, when\nprovided pursuant to this subdivision, shall be granted to all such\nchildren irrespective of the school they legally attend.\n  25. a. To purchase and maintain, when authorized by a vote of the\nqualified voters of the school district, a motor vehicle or vehicles to\nbe used for the transportation of the school children of the district.\nAny replacement of a motor vehicle or vehicles, necessitated by damage\nto or loss of such vehicles, owned by the school district and used for\nthe transportation of pupils residing within the district, may be\npurchased by the board of education without voter approval, using any\nunencumbered funds in the general fund or by the issuance of budget\nnotes in accordance with section 29.00 of the local finance law, in\naddition to any available insurance proceeds.\n  b. Such motor vehicle or vehicles may be leased to another school\ndistrict or to a board of cooperative educational services or to a\ncounty vocational education and extension board or to an Indian tribe\nfor educational purposes when not needed for such transportation.\n  c. Likewise when not so needed such motor vehicle or vehicles may be\nleased to a school district or an Indian tribe, for the purpose of\ntransporting children and instructors in connection with (1) a\nrecreation project or a youth service project operated by a school\ndistrict or by an Indian tribe, if such project is authorized and\napproved by the state youth commission, or (2) a youth bureau or agency\nor activity or project of a county, town, city, village or an Indian\ntribe which is devoted to the welfare of youth therein or to providing\nleisure-time activities for youth or assistance to children, as\nauthorized in section ninety-five of the general municipal law, or (3)\none or more playgrounds and neighborhood recreation centers operated and\nmaintained by one or more cities except New York, Buffalo and Rochester,\ncounties except Erie and the counties within the city of New York,\ntowns, villages, or Indian tribes, whether or not any school board or\ndistrict joins in such operating and maintaining, as authorized in\nsection two hundred forty-four-b of the general municipal law.\n  d. The board of education may lease such motor vehicle or vehicles\nfrom a board of cooperative educational services or from a county\nvocational education and extension board.\n  e. Under emergency conditions, as determined by the commissioner, the\nboard of education may lease such vehicle or vehicles from sources other\nthan a school district, board of cooperative educational services or\ncounty vocational education and extension board.\n  f. In any case when such motor vehicle shall be leased as provided in\nthis subdivision, public liability and property damage insurance, fire\ninsurance and compensation insurance of drivers shall be provided and\ncollision insurance shall be provided in the amount of the value of the\nvehicle, to protect the lessor. The additional cost of such insurance\nshall be paid by the lessee. No part of the costs and expenses resulting\nfrom operation, maintenance and repair of such vehicles during the\nleasing thereof shall be included in determining the amount of any form\nof state aid received by such school district.\n  g. The board of education is authorized to provide regional\ntransportation services by rendering such services jointly with other\nschool districts or boards of cooperative educational services. Such\nservices may include pupil transportation between home and school,\ntransportation during the day to and from school and a special education\nprogram or service or a program at a board of cooperative educational\nservices or an approved shared program at another school district,\ntransportation for field trips or to and from extracurricular\nactivities, and cooperative school bus maintenance.\n  h. The board of education is authorized to enter into a contract with\nanother school district, a county, municipality, or the state office of\nchildren and family services to provide transportation for children,\nincluding contracts to provide such transportation as regional\ntransportation services, provided that the contract cost is appropriate.\nIn determining the appropriate transportation contract cost, the\ntransportation service provider school district shall use a calculation\nconsistent with regulations adopted by the commissioner for the purpose\nof assuring that charges reflect the true costs that would be incurred\nby a prudent person in the conduct of a competitive transportation\nbusiness.\n  i. In addition to the authority granted in paragraph e of this\nsubdivision, the board of education shall be authorized to lease a motor\nvehicle or vehicles to be used for the transportation of the children of\nthe district from sources other than a school district, board of\ncooperative educational services or county vocational education and\nextension board under the conditions specified in this paragraph. No\nsuch agreement for the lease of a motor vehicle or vehicles shall be for\na term of more than one school year, provided that when authorized by a\nvote of the qualified voters of the district such lease may have a term\nof up to five years, or eight years for the lease of zero-emission\nschool buses as defined in section thirty-six hundred thirty-eight of\nthis chapter. Where the board of education enters a lease of a motor\nvehicle or vehicles pursuant to this paragraph for a term of one school\nyear or less, such board shall not be authorized to enter into another\nlease of the same or an equivalent replacement vehicle or vehicles, as\ndetermined by the commissioner, without obtaining approval of the\nvoters.\n  26. To pay any judgment levied against the school district and in the\nevent there are no moneys otherwise available, to levy a tax upon the\ntaxable property of the district to pay the same.\n  27. To contract with any person, corporation or other school district\nfor the conveyance of pupils residing within the district, when\nauthorized to do so under subdivision nineteen of section two thousand\ntwenty-one of this chapter, by vote of the inhabitants of the district\nentitled to vote, or to contract for the operation, maintenance and\ngaraging of motor vehicles owned by the district, in accordance with\nsuch rules and regulations as such board of education may establish,\nconsistent with the regulations of the commissioner. Upon authorization\nby a school district meeting, every such contract of transportation may\nbe made for a period not exceeding five years, notwithstanding any\nprovision of any other law inconsistent herewith.\n  28. To furnish lighting facilities, janitorial care and supervision\nfor highway underpasses when authorized to do so by vote of a district\nmeeting under the provisions of subdivision twenty of section two\nthousand fifteen of this chapter.\n  29. To establish a petty cash fund for the use of such school district\nofficers and employees as may be designated by the board of education\nfor the payment, in advance of authorization, of properly itemized bills\nfor materials, supplies or services furnished to the school district\nunder conditions calling for immediate payment to the vendor upon\ndelivery of any such materials or supplies or the rendering of any such\nservices. The amount of such a petty cash fund, the method of handling\nsame and the officers and employees eligible to use such fund shall be\nin accordance with regulations established by the commissioner.\n  * 30. To provide, in its discretion, compensation to a speaker or\nspeakers at commencement day exercises in such amount as may be\ndetermined by the board.\n  * NB There are 2 sub 30's\n  * 30. To reimburse candidates for teaching positions for actual travel\nand other necessary expenses incurred by them in appearing for purposes\nof interview or observation with respect to such positions, when such\nappearance is made upon the request of any authorized representative of\nthe board and when such reimbursement is deemed appropriate and proper\nby the board, in its discretion, to aid in the obtaining of qualified\npersons for such positions.\n  * NB There are 2 sub 30's\n  31. To explore, develop and produce natural gas solely for school\ndistrict purposes in accordance with section three hundred sixty-eight\nof the general municipal law.\n  32. To provide, in its discretion, in-service training for its\nteachers.\n  33. To have in all respects the superintendence, management and\ncontrol of the educational affairs of the district, and, therefore,\nshall have all the powers reasonably necessary to exercise powers\ngranted expressly or by implication and to discharge duties imposed\nexpressly or by implication by this chapter or other statutes.\n  34. To provide workmen's compensation coverage as provided in the\nworkmen's compensation law for all teachers and other employees for\ninjuries incurred in actual performance of duty.\n  34-a. In its discretion, to provide under a group insurance policy or\npolicies issued by any insurance company or insurance companies\nauthorized to do business in this state or under a group contract issued\nby one or more corporations subject to article forty-three of the\ninsurance law, life insurance or accident and health insurance benefits\nor medical and surgical benefits or hospital service benefits or any two\nor more of such kinds of benefits to teachers and other employees of the\nschool district who participate in a plan or plans, as hereinafter\nprovided. The disbursing officer of the school district is authorized to\ndeduct from the salary of such participant with his prior consent, in\nwriting, the sums representing the participant's share of the premium or\npremiums which are payable by such officer to such insurance company or\ncorporation. Such board of education is authorized to pay from such\nmoneys as are available for the purpose, a share of the cost of such\nbenefit or benefits in such amount as is required to be paid under such\ngroup insurance policy or policies or group contract or contracts by the\nboard of education, as employer. The sum to be paid by the board of\neducation under such policy or policies or contract or contracts, in the\ndiscretion of such board may be any percentage of the total cost of the\nbenefit or benefits including the whole thereof.\n  34-b. In its discretion, to purchase insurance against personal\ninjuries incurred by an authorized participant in a school volunteer\nprogram, including but not limited to, those authorized participants who\nassist on school buses, school sponsored transportation to and from\nschool, or on school sponsored field trips or any other school sponsored\nactivity; provided, however, that the injuries were incurred while the\nauthorized participant was functioning either within the scope of his or\nher authorized volunteer duties or under the direction of the board of\neducation, trustee, or board of cooperative educational services, or\nboth.\n  35. In its discretion, and with the written consent of any employee,\nto deduct from the salary of such employee such amount as may be agreed\nto by such employee for payment to any credit union doing business in\nthe state of New York as such employee may designate. Any such written\nauthorization may be withdrawn by such employee at any time.\n  37. In its discretion to provide that the proceeds of the sale or\nappropriation of school district real property shall, after being used\nfor any legally required purpose, be used to reduce real property taxes\nin such district for a period not to exceed ten school years, or such\nlesser period as it may direct. Such proceeds may be invested and any\ninterest obtained may also be used for such purpose. Such reserve fund\nshall be invested and reinvested pursuant to the provisions of\nsubdivision two of section seventeen hundred twenty-three-a of this\narticle.\n  38. To offer monetary rewards, in sums not to exceed one thousand\ndollars, to individuals for information leading to the arrest and\nconviction of any person or persons for felonies or misdemeanors\ndirectly connected to vandalism of district property. Such rewards may\nbe offered on any conditions such board of education may determine,\nsubject to whatever qualifications it may deem appropriate.\n  39. a. Shall require, for purposes of a criminal history record check,\nthe fingerprinting of all prospective employees pursuant to section\nthree thousand thirty-five of this chapter, who do not hold valid\nclearance pursuant to such section or pursuant to section three thousand\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history records search. Every set of\nfingerprints taken pursuant to this subdivision shall be promptly\nsubmitted to the commissioner for purposes of clearance for employment.\n  b. Upon the recommendation of the superintendent, the board may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by paragraph a of this\nsubdivision. Such appointment shall not commence until notification by\nthe commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n  c. Upon the recommendation of the superintendent, the board may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph b of this subdivision must\nalso be initiated. Emergency conditional appointment may commence prior\nto notification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\ndistrict is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff. The provisions of\nsubparagraph (i) of this paragraph shall not apply if the board finds\nthat the district has been unable to fill the vacancy despite good faith\nefforts to fill such vacancy in a manner which would have allowed\nsufficient time for clearance or conditional clearance.\n  d. Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n  40. Shall upon commencement and termination of employment of an\nemployee by the school district, provide the commissioner with the name\nof and position held by such employee.\n  41. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n  42. a. To enter into a lease, sublease or other agreement with the\ndormitory authority providing for the financing or refinancing of all or\na portion of school district capital facilities or school district\ncapital equipment in accordance with section sixteen hundred eighty of\nthe public authorities law and with the approval of the commissioner.\nSuch lease, sublease, or other agreement may provide for the payment of\nannual or other payments to the dormitory authority, and contain such\nother terms and conditions as may be agreed upon by the parties thereto,\nincluding the establishment of reserve funds and indemnities. For\npurposes of this subdivision, school district capital equipment shall\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\nof the public authorities law.\n  b. Notwithstanding any provisions of law to the contrary, the\ndormitory authority and the board of education are hereby authorized and\nempowered to perform any and all acts and to enter into any and all\nagreements necessary or desirable to effectuate the purposes of this\nsubdivision.\n  * 43. To pass a resolution, in the discretion of the board of such\ndistrict, authorizing the entering of an agreement with a county, city,\nvillage or town within such district, for the installation and use of\nschool bus photo violation monitoring systems pursuant to section eleven\nhundred seventy-four-a of the vehicle and traffic law, provided that the\npurchase, lease, installation, operation and maintenance, or any other\ncosts associated with such cameras shall not be considered an aidable\nexpense pursuant to section thirty-six hundred twenty-three-a of this\nchapter.\n  * NB Repealed December 1, 2029\n
N.Y. PBA Law § 3163 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3163
Pending actions and proceedings
Status: in_force

§ 3163. Pending actions and proceedings. Upon the transfer pursuant to\nsection thirty-one hundred fifty-six of this title of the functions and\npowers possessed by and all of the obligations and duties of the New\nYork state office of science, technology and academic research as\nestablished pursuant to article ten-B of the executive law transfer to\nthe foundation as prescribed by section thirty-one hundred fifty-six of\nthis title, no action or proceeding pending on the effective date of\nthis title, brought by or against the New York state office of science,\ntechnology and academic research or executive director thereof shall be\naffected by any provision of this title, but the same may be prosecuted\nor defended in the name of the executive director of the foundation. In\nall such actions and proceedings, the foundation, upon application to\nthe court, shall be substituted as a party.\n
N.Y. PBA Law § 3161 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3161
Terms occurring in laws, contracts or other documents
Status: in_force

§ 3161. Terms occurring in laws, contracts or other documents. Upon\nthe transfer pursuant to section thirty-one hundred fifty-six of this\ntitle of the functions and powers possessed by and all of the\nobligations and duties of the New York state office of science,\ntechnology and academic research as established pursuant to article\nten-B of the executive law to the foundation as prescribed by section\nthirty-one hundred fifty-six of this title, whenever the New York state\noffice of science, technology and academic research and the chairperson\nthereof, the functions, powers, obligations and duties of which are\ntransferred to the foundation are referred to or designated in any law,\ncontract or document pertaining to the functions, powers, obligations\nand duties transferred and assigned pursuant to this title, such\nreference or designation shall be deemed to refer to the foundation and\nits executive director. Notwithstanding any law to the contrary, all\nrights and benefits, including terms and conditions of employment, and\nprotection of civil service and collective bargaining of all employees\naffected by the transfer of the New York state office of science,\ntechnology and academic research to the foundation, shall be preserved\nand protected under the transfer, and all transferred employees and all\npersons employed by the foundation after the transfer, except for\nresearch and investigative high technology scientists, shall be\nconsidered for all purposes of article fourteen of the civil service law\npublic employees in the civil service of the state and employees who are\ntransferred shall remain in the same collective bargaining unit and any\nnewly created positions shall be assigned to the appropriate collective\nbargaining unit as if they were employees of the state. For proposes of\nthis section, the term "research and investigative high technology\nscientists" shall mean persons with an understanding of empirical\nmethodologies, the ability to apply scientific knowledge to test\ntheories, and possessing the expertise to make systematic observations\nof natural, empirical phenomena that can also be conveyed in a\nmeaningful way to policymakers.\n
N.Y. RPT Law § 470 — New York Code / Act RPT / Article 4 / Title 2 / Section 470
Exemption for improvements to real property meeting certification standards for green buildings
Status: in_force

§ 470. Exemption for improvements to real property meeting\ncertification standards for green buildings.  1. Construction of\nimprovements to real property initiated on or after the first day of\nJanuary, two thousand thirteen, meeting certification standards for\ngreen buildings as provided in this section, including LEED, the green\nbuilding initiative's green globes rating system, the national green\nbuilding standards as approved by the American National Standards\nInstitute, or substantially equivalent standards for certification using\na similar program for green buildings as determined by the municipal\ncorporation, shall be exempt from taxation by any municipal corporation\nin which such property is located to the extent provided in this\nsection, provided the governing board of such municipal corporation,\nafter conducting a public hearing, adopts a local law, ordinance or\nresolution providing therefor.\n  2. Such real property, or portion thereof, which is certified under a\nLEED, green globes rating system, national green building standards or\nsimilar program using a certification standard which is equivalent to\nthe categories of certified, silver, gold or platinum as meeting green\nbuilding standards, as determined by an accredited professional shall be\nexempt as provided below for the respective percentages provided that a\nmunicipal corporation may establish a maximum exemption amount in its\nlocal law, ordinance or resolution, and provided further, a copy of the\ncertification for a qualified category is filed with the assessor's\noffice and is approved by the assessor as meeting the requirements of\nthis section and the municipal corporation's local law, ordinance or\nresolution. Such exemption shall be to the extent of any increase in\nassessed value resulting from the construction or reconstruction of a\nproperty meeting LEED, green globes rating system, national green\nbuilding standards or similar program certification.\n                             LEED EXEMPTION\nYEAR      CERTIFIED/SILVER         GOLD      PLATINUM\n1         100%                     100%      100%\n2         100%                     100%      100%\n3         100%                     100%      100%\n4         80%                      100%      100%\n5         60%                      80%       100%\n6         40%                      60%       100%\n7         20%                      40%       80%\n8         0%                       20%       60%\n9         0%                       0%        40%\n10        0%                       0%        20%\n  3. No such exemption shall be granted unless: (a) such construction of\nimprovements was commenced on or after the first day of January, two\nthousand thirteen, or such later date as may be specified by local law;\n(b) the value of such construction exceeds the sum of ten thousand\ndollars; and (c) such construction is documented by a building permit,\nif required, for the improvements, or other appropriate documentation as\nrequired by the assessor. For purposes of this section the term\n"construction of improvements" shall not include ordinary maintenance\nand repairs.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation by the municipal corporation as provided in this section\ncommencing with the assessment roll prepared after the taxable status\ndate. The assessed value of any exemption granted pursuant to this\nsection shall be entered by the assessor on the assessment roll with the\ntaxable property, with the amount of the exemption shown in a separate\ncolumn.\n
N.Y. SOS Law § 473-A — New York Code / Act SOS / Article 9-B / Title 2 / Section 473-A
Short-term involuntary protective services orders
Status: in_force

§ 473-a. Short-term involuntary protective services orders. 1.\nDefinitions. When used in this section unless otherwise expressly stated\nor unless the context or subject matter requires a different\ninterpretation:\n  (a) "endangered adult" means a person, age eighteen or over who is:\n  (i) in a situation or condition which poses an imminent risk of death\nor imminent risk of serious physical harm to him or her, and\n  (ii) lacking capacity to comprehend the nature and consequences of\nremaining in that situation or condition, provided that:\n  a. refusal by the adult to accept protective services shall not in\nitself be sufficient evidence of such lack of capacity; and\n  b. mental illness shall not in itself be sufficient evidence of such\nlack of capacity.\n  (b) "short-term involuntary protective services" means those services\nset forth in section four hundred seventy-three of this article which\nare provided involuntarily pursuant to the procedures established by\nthis title.\n  (c) "petitioner" means a social services official initiating a\nproceeding pursuant to this title.\n  (d) "respondent" means an allegedly endangered adult.\n  2. Jurisdiction. The supreme court and the county court shall each\nhave jurisdiction over the special proceeding commenced pursuant to the\nprovisions of this title.\n  3. Venue. A petition for the provision of short-term involuntary\nprotective services shall be made to:\n  (a) a term of the supreme court:\n  (i) held in the county in which the allegedly endangered adult resides\nor is found; or\n  (ii) held in a county, within the same judicial district, adjacent to\nthe county in which the allegedly endangered adult resides or is found;\nor\n  (b) the county court:\n  (i) in the county in which the allegedly endangered adult resides or\nis found; or\n  (ii) in a county adjacent to the county in which the allegedly\nendangered adult resides or is found.\n  4. Petition. (a) A special proceeding to obtain an order authorizing\nthe provision of short-term involuntary protective services may only be\ninitiated by a social services official.\n  (b) The petition shall state, insofar as the facts can be ascertained\nwith reasonable diligence:\n  (i) the name, age and physical description of the allegedly endangered\nadult; and\n  (ii) the address or other location where the allegedly endangered\nadult can be found.\n  (c) The petition shall state facts showing:\n  (i) that the adult who is the subject of this petition is an\nendangered adult as defined in paragraph (a) of subdivision one of this\nsection;\n  (ii) the specific short-term involuntary protective services\npetitioned for, how such services would remedy the situation or\ncondition which poses an imminent risk of death or imminent risk of\nserious physical harm to the allegedly endangered adult, and why such\nservices are not overbroad as to extent or duration;\n  (iii) that the short-term involuntary protective services being\napplied for are necessitated by the situation or condition described in\nparagraph (a) of subdivision one of this section;\n  (iv) that other voluntary protective services have been tried and have\nfailed to remedy the situation, and that a future, voluntary, less\nrestrictive alternative would not be appropriate or would not be\navailable;\n  (v) if a change in the allegedly endangered adult's physical location\nis being applied for, that remedy of the dangerous situation or\ncondition described in paragraph (a) of subdivision one of this section\nis not appropriate in existing physical surroundings of the allegedly\nendangered adult;\n  (vi) any inconsistency known to petitioner between the proposed\nshort-term involuntary protective services and the allegedly endangered\nadult's religious belief;\n  (vii) that if it reasonably appears that the allegedly endangered\nadult does not understand the English language, that reasonable efforts\nhave been made to communicate with the allegedly endangered adult in a\nlanguage he or she understands;\n  (viii) that no prior application has been made for the relief\nrequested or for any similar relief, or if prior application has been\nmade, the determination thereof, and the new facts, if any, that were\nnot previously shown which warrant a renewal of the application.\n  (d) The petition shall be verified. Any allegations which are not\nbased upon personal knowledge shall be supported by affidavits provided\nby a person or persons having such knowledge. Such affidavits shall be\nattached to the petition.\n  5. Commencement of proceedings. (a) A special proceeding to obtain an\norder authorizing the provision of short-term involuntary protective\nservices shall be commenced by an order to show cause, the petition and\nsupporting affidavits, if any.\n  (b) The order to show cause shall set forth:\n  (i) in bold type, on its face, the following:\n   WARNING IF YOU DO NOT APPEAR IN COURT YOUR LIFE AND LIBERTY MAY BE\n  SERIOUSLY AFFECTED. FOR FREE INFORMATION CONCERNING YOUR LEGAL RIGHTS\n                              CALL OR VISIT\n  (ii) the protective services to be provided if the petition is\ngranted;\n  (iii) the date, place and time of the hearing to determine whether the\npetition is to be granted;\n  (iv) that the respondent is entitled to counsel at all stages of the\nproceeding, that upon granting the order to show cause, the court shall\nassign counsel to assist the respondent, and that respondent is free at\nany time to discharge the counsel assigned by the court. The name,\naddress and telephone number of the assigned counsel shall be inserted\nat the end of the warning referred to in subparagraph (i) of this\nparagraph;\n  (v) that if the respondent or retained counsel does not appear at the\nhearing to determine whether the petition is to be granted, the court\nwill appoint a guardian ad litem;\n  (vi) that if the respondent discharges the assigned counsel prior to\nthe hearing to determine if the petition is to be granted, such counsel\nshall report this fact to the court no later than the commencement of\nthe hearing, and shall appear at the hearing, unless otherwise relieved\nby the court. In the event that neither the respondent nor his retained\ncounsel appears at the hearing, the court may appoint the person\npreviously assigned as counsel to act as the guardian ad litem; and\n  (vii) that a copy of the order to show cause, the petition, and\nsupporting affidavits, if any, shall be served upon the respondent.\n  (c) Petitioner shall cause the order to show cause, the petition, and\nsupporting affidavits, if any, to be delivered to the counsel assigned\nby the court.\n  (d) The order to show cause shall be made returnable within\nforty-eight hours following its issuance, unless such forty-eight hour\nperiod ends on a day in which the court is not in session, in which case\nthe return date shall be the first business day following issuance of\nthe order to show cause.\n  6. Service. (a) Service of the order to show cause, the petition, and\nsupporting affidavits, if any, shall be made upon the respondent by any\nof the methods permitted by section three hundred eight of the civil\npractice law and rules. Notwithstanding any other provision of law to\nthe contrary, Saturday and Sunday service is valid.\n  (b) The respondent shall be authorized to answer either orally or in\nwriting.\n  7. Hearing. (a) Upon the return date designated in the order to show\ncause issued pursuant to subdivision five of this section a hearing\nshall be held forthwith.\n  (b) The allegedly endangered adult shall be entitled to be present at\nthe hearing.\n  (c) Adjournments shall be permitted only for good cause shown. In\ngranting adjournments the court shall consider the need to provide\nshort-term involuntary services expeditiously.\n  (d) At the conclusion of the hearing the court shall issue for the\nrecord a statement of its findings of fact and conclusions of law.\n  8. Preference. The special proceeding authorized by this title shall\nhave preference over all other causes in all courts of appropriate\njurisdiction.\n  9. Findings. After a hearing, the court must find, in order to\nauthorize the provision of short-term involuntary protective services,\nthat all of the material allegations as specified in paragraph (c) of\nsubdivision four of this section have been admitted or proven by clear\nand convincing proof.\n  10. Judgment. (a) The court, upon making the findings required by\nsubdivision nine herein, shall direct the entry of a judgment\nauthorizing the provision of short-term involuntary protective services\nto an endangered adult.\n  (b) A judgment authorizing short-term involuntary protective services\nto be provided to an endangered adult:\n  (i) shall prescribe those specific protective services, authorized by\nsection four hundred seventy-three of this article, which are to be\nprovided and what person or persons are authorized or ordered to provide\nthem; and\n  (ii) shall not provide for any forcible entry unless the persons so\nentering are accompanied by a peace officer, acting pursuant to his\nspecial duties, or a police officer, who is a member of an authorized\npolice department or force or of a sheriff's department;\n  (iii) shall require persons acting under subparagraphs (i) and (ii) of\nthis paragraph to submit a written report to the court within one week\nfollowing the commencement of the ordered protective services.\n  (c) The judgment may order any other public or law enforcement\nofficial to render such assistance and cooperation as shall be within\nhis legal authority, as may be required to further the objects of this\ntitle.\n  (d) The judgment shall not order removal to a hospital, as that term\nis defined in section 1.03 of the mental hygiene law.\n  (e) Issuance of the judgment shall not be evidence of the competency\nor incompetency of the endangered adult.\n  (f) No order issued pursuant to this title shall extend for more than\nseventy-two hours. An original order may be renewed once for up to\nanother seventy-two hour period upon showing by the petitioner to the\ncourt that continuation is necessary to remedy the original situation or\ncondition. No further renewals shall be permitted.\n  (g) In no event shall the short-term involuntary services authorized\nto be provided to an endangered adult by the judgment be broader than\nthose which are necessary to remedy the situation or condition which\nposes an imminent risk of death or imminent risk of serious physical\nharm to the endangered adult.\n  (h) Notice of the judgment rendered by the court shall be given to the\nrespondent personally, or if personal service is not possible in\nwhatever other fashion the court shall prescribe.\n  11. Appeals. Appeals arising from the issuance of judgments pursuant\nto the provisions of this title shall be expedited.\n  12. The assigned counsel and the guardian ad litem appointed by the\ncourt pursuant to this title shall be reimbursed for their services\npursuant to section thirty-five of the judiciary law.\n  13. Nothing in this title precludes the simultaneous commencement of a\nproceeding under this title and a proceeding under section 9.43 of the\nmental hygiene law, or a proceeding under article seventy-seven or\narticle seventy-eight of such law. A pending proceeding under section\n9.43 of the mental hygiene law or under article seventy-seven or article\nseventy-eight of the mental hygiene law does not preclude commencement\nof a proceeding under this title.\n  14. No existing right or remedy of any character shall be lost,\nimpaired or affected by reason of this title.\n
N.Y. ELN Law § 3-220 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-220
Records and photostats; preservation and sale
Status: in_force

§ 3-220. Records and photostats; preservation and sale.  1. All\nregistration records, certificates, lists, and inventories referred to\nin, or required by, this chapter shall be public records and open to\npublic inspection under the immediate supervision of the board of\nelections or its employees and subject to such reasonable regulations as\nsuch board may impose, provided, however, that a voter's driver's\nlicense number, department of motor vehicle non-driver photo ID number,\nsocial security number and facsimile number shall not be released for\npublic inspection. No such records shall be handled at any time by any\nperson other than a member of a registration board or board of\ninspectors of elections or board of elections except as provided by\nrules imposed by the board of elections.\n  2. The central file registration records shall be kept in locked\nfiling cabinets in the office of the board of elections or, in the\nappropriate branch offices of the board of elections. Such records shall\nbe taken from such file and handled only where necessary to make entries\nthereon or take other action in connection therewith as required by this\narticle. The board of elections may cause to be made, photostatic copy\nor copies of the registration poll records of registered voters in any\nelection district and shall cause such photostatic copies to be placed\nin one or more ledgers in the same manner and in the same order as the\noriginal registration poll records appear in the ledger or ledgers\ncontaining the registration poll records for such election district.\nSuch photostatic records shall be open to public inspection, in lieu of\nthe original registration records.\n  3. Registration records which have been mutilated or voided or which,\nfollowing the refusal of a board taking registrations to permit an\napplicant to register, have been marked "Refused" shall be retained by\nthe board of elections for at least two years. Upon destruction of any\nsuch records the board shall keep a file of the serial numbers of the\nrecords so destroyed. Reports of deaths shall be retained by the board\nof elections for two years. In January of each year, the board of\nelections may remove from its files and may destroy the check cards of\npersons whose registrations were cancelled more than two years\npreviously.\n  4. Subsequent to the expiration of ten years after the receipt thereof\nor, in the case of registration records, subsequent to the expiration of\ntwo years after cancellation of the registration to which they relate,\nthe board of elections, in lieu of preserving any of the records as\nhereinbefore provided, may preserve photostatic, microphotographic or\nphotographic film copies thereof, and may destroy the original records\nand is authorized to do so in accordance with the provisions of article\nthirteen of the state finance law. If the board of elections maintains a\ncomputer readable registration record for each registered voter, which\nincludes a copy of the entire registration poll record or application\nfor registration of each such voter, the original poll record or\napplication for registration may, with the permission of the state board\nof elections, be so destroyed subsequent to the expiration of two years\nafter such copy is entered in the computer readable record. If such\ncopies in the computer readable record do not include the backs of those\nregistration poll records which have been used at one or more elections,\nthen all such poll records which have been used at one or more elections\nmay, with the permission of the state board of elections, be so\ndestroyed subsequent to the expiration of two years after such copy is\nentered in the computer readable record, or subsequent to the expiration\nof four years after the last election at which such poll record was\nused, whichever is later.\n  5. Any such photostatic, microphotographic or photographic film copy\nmade pursuant to this section or any such computer readable record shall\nbe deemed to be an original record for all purposes and, when\nsatisfactorily identified, may be introduced in evidence in any judicial\nor administrative proceeding. An enlargement, facsimile or certified\ncopy thereof shall, for all purposes, be deemed to be an enlargement,\nfacsimile or certified copy of the original record and may likewise be\nintroduced in evidence if the film copy or the computer readable record\nis in existence and available for inspection under direction of the\ncourt or administrative agency. The introduction in evidence of a film\ncopy or a copy of a computer readable record, or an enlargement,\nfacsimile or certified copy thereof, shall not preclude introduction of\nthe original record.\n  6. All petitions, certificates, objections or papers filed or\ndeposited with a board or officer before an election or primary and\nrelating to designations or nominations, and all registers, books,\nstatements, returns or papers so filed or deposited after registration,\nenrollment, election or primary at which they were used or to which they\nrelate, not including, however, the voted, unused, protested, void or\nwholly blank ballots, shall be preserved by such board or officer for at\nleast two years after the receipt thereof and until the determination of\nany action or proceeding touching the same or in which they are ordered\nto be preserved pending the action or proceeding and at the expiration\nof such time they may be either destroyed or sold. Lists of registered\nvoters with computer generated facsimile signatures used in lieu of\nregistration poll records at any election shall be preserved until the\nend of the second calendar year after the year of such election. In all\njurisdictions, the original statements of results made by the state\nboard of canvassers or a county or city board of canvassers and any\noriginal record specifying the name of a person declared to have been\nelected to a public office shall not be destroyed or sold but shall be\npreserved, as part of the records of such board or officer, until\notherwise provided by law.\n  6-a. During the period prescribed by subdivision six of this section,\nno petition shall be removed from the office of the board of elections\nfor copying or any other purpose except while in the custody, or under\nthe supervision of a member or employee of such board or pursuant to\ncourt order.\n  7. Upon the sale of any property authorized by this section to be\ndestroyed or sold, the proceeds shall be paid over as follows: If sold\nby the board of elections, the proceeds shall be paid into the county\ntreasury, or, in the city of New York, into the city treasury. If sold\nby the clerk of a city, town or village, the proceeds shall be paid to\nits fiscal officer for its benefit. Proceeds of the sale of any such\nproperty in the office of the state board of elections shall be paid\nover as provided by law with respect to other state moneys in the hands\nof a state officer.\n  8. Where a board of elections receives a notification pursuant to\nparagraph (c) of subdivision two of section eight hundred fifty-nine of\nthe judiciary law, such board of elections shall comply with such\nnotification, except that where the notification requires the board of\nelections to cease making a person's address public, such board shall\nnot comply therewith from the date of filing of any ballot access or\nrelated document containing such address until thirty days after the\nlast day to commence a special proceeding or action with respect to such\nfiling.\n
N.Y. VAT Law § 227 — New York Code / Act VAT / Title 2 / Article 2-A / Section 227
Hearings; determinations
Status: in_force

§ 227. Hearings; determinations. 1. Every hearing for the adjudication\nof a traffic infraction, as provided by this article, shall be held\nbefore a hearing officer appointed by the commissioner. The burden of\nproof shall be upon the people, and no charge may be established except\nby clear and convincing evidence. The commissioner may prescribe, by\nrule or regulation, the procedures for the conduct of such hearings.\n  2. In any case wherein the people are not ready for the hearing on the\nscheduled hearing date, the hearing officer may order a dismissal of the\ncharge or the adjournment of the hearing to a subsequent time. In any\ncase wherein the people are not ready for the hearing at an ordered\nadjourned time and do not provide a minimum of seven days' notice to the\ndepartment after having been not ready for a hearing on the charge for\nany reason previously, the charge shall be dismissed unless the hearing\nofficer determines that a substantial traffic safety hazard would result\nfrom the dismissal. The commissioner shall promulgate regulations\nconcerning the adjournment of hearings which may permit the dismissal of\ncases by a hearing officer for reasons not prescribed herein.\n  3. After due consideration of the evidence and arguments offered in a\ncontested case, the hearing officer shall determine whether the charges\nhave been established. Where the charges have not been established, an\norder dismissing the charges shall be entered. Where a determination is\nmade that a charge has been established, either in a contested case or\nin an uncontested case where there is an appearance before a hearing\nofficer, or if an answer admitting the charge otherwise has been\nreceived, an appropriate order shall be entered in the department's\nrecords.\n  4. a. An order entered upon the failure to answer or appear or after\nthe receipt of an answer admitting the charge or where a determination\nis made that the charge has been established shall be civil in nature,\nbut shall be treated as a conviction for the purposes of this chapter.\nThe commissioner or his designee may include in such order an imposition\nof any penalty authorized by any provision of this chapter for a\nconviction of such violation, except that no penalty therefore shall\ninclude imprisonment, nor, if monetary, exceed the amount of the fine\nwhich could have been imposed had the charge been heard by a court. If\nthe charge involves a violation of section three hundred eighty-five of\nthis chapter, the driver's license or privileges may be suspended\npending the payment of any penalty so imposed, or, if the charge\ninvolves a violation of section three hundred eighty-five of this\nchapter by a registrant who was not the operator of the vehicle, the\nregistration of such vehicle or privilege of operation of any motor\nvehicle owned by such registrant may be suspended pending the payment of\nany penalty so imposed. Any suspension issued pursuant to this paragraph\nshall be subject to the provisions of paragraph (j-1) of subdivision two\nof section five hundred three of this chapter.\n  b. Unpaid fines may be recovered by the commissioner in a civil action\nin the name of the commissioner. In addition, as an alternative to such\ncivil action, and provided that no appeal is pending, the commissioner\nmay file with the county clerk of the county in which the person resides\na final order of the commissioner containing the amount of the fine or\nfines. The filing of such final order shall have the full force and\neffect of a judgment duly docketed in the office of such clerk and may\nbe enforced in the same manner and with the same effect as that provided\nby law in respect to execution issued against property upon judgments of\na court of record. No such civil action shall be commenced nor shall\nsuch final order be filed until at least thirty days after the\ndepartment has posted by ordinary mail to the person at the address of\nsuch person on file with the department or at the current address\nprovided by the United States postal service notice of the amount of\nsuch fine or fines and that such fine or fines are due and owing.\n  * 5. All penalties and forfeited security collected pursuant to the\nprovisions of this article shall be paid to the department of audit and\ncontrol to the credit of the justice court fund and shall be subject to\nthe applicable provisions of section eighteen hundred three of this\nchapter. After such audit as shall reasonably be required by the\ncomptroller, such penalties and forfeited security shall be paid\nquarterly or, in the discretion of the comptroller, monthly, to the\nappropriate jurisdiction in which the violation occurred in accordance\nwith the provisions of section ninety-nine-a of the state finance law,\nexcept that the sum of four dollars for each violation occurring in such\njurisdiction for which a complaint has been filed with the\nadministrative tribunal established pursuant to this article shall be\nretained by the state. Notwithstanding any law to the contrary an\nadditional annual sum of three million dollars collected from fines and\nassessed to the city of New York, shall be deposited into the general\nfund. Provided, however, that if the full costs of administering this\narticle shall exceed the amounts received and retained by the state for\nany period specified by the commissioner, then such additional sums as\nshall be required to offset such costs shall be retained by the state\nout of the penalties and forfeited security collected pursuant to this\narticle.\n  * NB Effective until April 1, 2019\n  * 5. All penalties and forfeited security collected pursuant to the\nprovisions of this article shall be paid to the department of audit and\ncontrol to the credit of the justice court fund and shall be subject to\nthe applicable provisions of section eighteen hundred three of this\nchapter. After such audit as shall reasonably be required by the\ncomptroller, such penalties and forfeited security shall be paid\nquarterly or, in the discretion of the comptroller, monthly, to the\nappropriate jurisdiction in which the violation occurred in accordance\nwith the provisions of section ninety-nine-a of the state finance law,\nexcept that the sum of four dollars for each violation occurring in such\njurisdiction for which a complaint has been filed with the\nadministrative tribunal established pursuant to this article shall be\nretained by the state. Provided, however, that if the full costs of\nadministering this article shall exceed the amounts received and\nretained by the state for any period specified by the commissioner, then\nsuch additional sums as shall be required to offset such costs shall be\nretained by the state out of the penalties and forfeited security\ncollected pursuant to this article.\n  * NB Effective April 1, 2019\n  6. Unless a hearing officer shall determine that a substantial traffic\nsafety hazard would result therefrom, he shall, pursuant to the\nregulations of the commissioner, delay for a period of thirty days the\neffective date of any suspension or revocation of a drivers license or\nvehicle registration imposed after a hearing pursuant to this article,\nunless such suspension was imposed because of the failure to pay a\nmonetary penalty. Provided, however, the commissioner's regulations may\nprovide for the immediate surrender of any item to be suspended or\nrevoked and the issuance of appropriate temporary documentation to be\nused during such thirty day period.\n
N.Y. EDN Law § 2040 — New York Code / Act EDN / Title 2 / Article 41 / Part 2 / Section 2040
District meeting to authorize contract system
Status: in_force

§ 2040. District meeting to authorize contract system. 1. Any school\ndistrict may decide by a majority vote of the qualified voters present\nand voting at a district meeting:\n  a. To contract for the education of all the elementary pupils of such\ndistrict in another school district in this state or in any adjoining\nstate, instead of maintaining a home school.\n  b. To contract for the education of part of the elementary pupils of\nsuch district in another school district in this state or in an\nadjoining state and maintain a home school;\n  c. To contract for a period of not less than two and not more than\nfive years for the education of all the high school pupils of grades\nseven to twelve, inclusive, of such district in another school district\nin this state or in an adjoining state, instead of maintaining a home\nhigh school for such grades.\n  d. To contract for a period of not less than two and not more than\nfive years for the education of some of the pupils of grades seven to\ntwelve, inclusive, of such district in another school district in this\nstate or in an adjoining state provided that such district maintains a\nhome high school for such grades. Nothing herein shall require a\ndistrict to enter into a written contract for the education of its high\nschool pupils where the term is for a period of less than two years.\n  2. Such contract may be made with one or more school districts. The\ndesignation of the school districts with which such contracts may be\nmade shall be made pursuant to the commissioner's regulations.\n
N.Y. RPT Law § 420-C — New York Code / Act RPT / Article 4 / Title 2 / Section 420-C
Exemption from local real property taxation of certain low income housing accommodations in a city having a population of one million or ...
Status: in_force

§ 420-c. Exemption from local real property taxation of certain low\nincome housing accommodations in a city having a population of one\nmillion or more. 1. In a city having a population of one million or\nmore, real property owned by a corporation, partnership or limited\nliability company formed for the purpose of providing housing\naccommodations for persons and families of low income as defined in\nsection two of the private housing finance law and used for such\npurpose, shall be exempt from local real property taxation, provided\nthat such corporation, partnership or limited liability company: (a) is\norganized as a non-profit housing development fund company pursuant to\narticle eleven of the private housing finance law, or is a non-profit\nhousing corporation as defined in article eleven of the private housing\nfinance law which is not incorporated as a housing development fund\ncompany as defined in article eleven of the private housing finance law,\nor is a wholly-owned subsidiary of such a company or is a partnership or\nlimited liability company the controlling interest of which is held by\nsuch a company or corporation or by a wholly owned subsidiary of such a\ncompany or by a corporation sponsored or formed by such a company or\ncorporation; and (b) has received a loan from a municipality, the state\nor the housing trust fund corporation established pursuant to section\nforty-five-a of the private housing finance law or any successor\ncorporation; and (c) enters into a regulatory agreement with the\nmunicipality, the state or the housing trust fund corporation\nestablished pursuant to section forty-five-a of the private housing\nfinance law or any successor corporation guaranteeing the provision of\nhousing accommodations for persons and families of low income; and (d)\nis a participant in the federal low income housing tax credit program\nestablished pursuant to section forty-two of the internal revenue code\nof nineteen hundred eighty-six, as amended. Any exemption pursuant to\nthis section shall expire upon the expiration or termination of the\nregulatory agreement.\n  2. An exemption may be granted pursuant to this section only upon\napplication by the owner on a form prescribed by the commissioner or any\ncomparable form, which application shall be accepted by the assessor of\nsuch city as provided in this subdivision and in the rules and\nregulations promulgated pursuant to this section by the department of\nhousing preservation and development in such city. No such application\nshall be accepted by the assessor unless accompanied by a certificate of\nthe department of housing preservation and development in such city\ncertifying the applicant's eligibility pursuant to this section.\nNotwithstanding section three hundred two of this chapter, an exemption\ngranted pursuant to this section shall commence as of the effective date\nof the regulatory agreement with the municipality, the state or the\nhousing trust fund corporation established pursuant to section\nforty-five-a of the private housing finance law or any successor\ncorporation regardless of when the application for such exemption is\napproved. The department of housing preservation and development may\npromulgate rules and regulations to carry out the provisions of this\nsection, and may require a reasonable filing fee in an amount provided\nby such rules and regulations.\n  3. An exemption from local real property taxation pursuant to this\nsection shall be governed solely by subdivisions one and two of this\nsection if the application for such exemption is approved before the\neffective date of this subdivision and shall be governed solely by\nsubdivision four of this section if the application for such exemption\nis approved on or after the effective date of this subdivision. Any tax\nexemption pursuant to subdivisions one and two of this section that is\nin effect on the effective date of this subdivision shall continue in\naccordance with the provisions of subdivisions one and two of this\nsection; provided, however, that any amendment to a regulatory agreement\non or after the effective date of this subdivision shall require a new\napplication for tax exemption pursuant to subdivision four of this\nsection. Eligible real property that receives exemption from local real\nproperty taxation pursuant to this section at any time shall not\nsimultaneously receive exemption from or abatement of local real\nproperty taxation pursuant to any other law.\n  4. (a) For the purposes of this subdivision, the following terms shall\nhave the following meanings:\n  (1) The term "persons and families of low income" shall have the\nmeaning set forth in section two of the private housing finance law.\n  (2) The term "tax credit program" shall mean the federal low-income\nhousing tax credit program established pursuant to section forty-two of\nthe internal revenue code of nineteen hundred eighty-six, as amended, or\nany successor statute.\n  (3) The term "eligible real property" shall mean real property that\n(i) provides housing accommodations for persons and families of low\nincome, and (ii) participates in or has participated in the tax credit\nprogram.\n  (4) The term "charitable organization" shall mean (i) an entity formed\nfor purposes that include providing housing accommodations for persons\nand families of low income and that has received written recognition of\nexemption pursuant to section 501(c)(3) or section 501(c)(4) of the\ninternal revenue code of nineteen hundred eighty-six, as amended, or any\nsuccessor statute, from the United States Internal Revenue Service, or\nany successor agency, or (ii) a corporation, partnership or limited\nliability company wholly owned and wholly controlled by an entity formed\nfor purposes that include providing housing accommodations for persons\nand families of low income and that has received written recognition of\nexemption pursuant to section 501(c)(3) or section 501(c)(4) of the\ninternal revenue code of nineteen hundred eighty-six, as amended, or any\nsuccessor statute, from the United States Internal Revenue Service, or\nany successor agency.\n  (5) The term "eligible entity" shall mean a corporation, partnership\nor limited liability company at least fifty percent of the controlling\ninterest of which is held by a charitable organization.\n  (6) The term "eligible owner" shall mean one or more eligible entities\nthat holds (i) legal and beneficial title to eligible real property, or\n(ii) a legal and beneficial leasehold interest with a term of not less\nthan thirty years in eligible real property.\n  (7) The term "regulatory agreement" shall mean a regulatory agreement\nwith or approved by the municipality that requires the provision of\nhousing accommodations for persons and families of low income, requires\nthat units currently or formerly assisted under the tax credit program\nbe rented in accordance with the income requirements of the tax credit\nprogram, is recorded against the eligible real property, and binds all\nparties in interest to the eligible real property and their respective\nsuccessors and assigns. A regulatory agreement may include such other\nterms and conditions as the municipality shall determine, including, but\nnot limited to, provisions requiring payments in lieu of taxes.\n  (b) Notwithstanding any other provision in this subdivision to the\ncontrary, in a city having a population of one million or more, eligible\nreal property of an eligible owner that is subject to a regulatory\nagreement shall be exempt from local real property taxation except as\nmay be otherwise provided in such regulatory agreement.\n  (c) Notwithstanding any provision of any other general or special\nstate or local law or charter, (1) with respect to eligible real\nproperty that is eligible for exemption from local real property\ntaxation pursuant to this subdivision on the effective date of this\nsubdivision and that is receiving exemption from or abatement of local\nreal property taxation pursuant to any other law on the effective date\nof this subdivision, an eligible owner may prospectively terminate such\nother exemption or abatement upon entering into a new regulatory\nagreement and the eligible real property shall thereafter be\nprospectively entitled to exemption from local real property taxation\npursuant to this subdivision, and (2) with respect to eligible real\nproperty that is eligible for exemption from local real property\ntaxation pursuant to this subdivision on the effective date of this\nsubdivision and that is not receiving any exemption from or abatement of\nlocal real property taxation pursuant to subdivisions one and two of\nthis section or any other law on the effective date of this subdivision,\nif an eligible owner enters into a new regulatory agreement, the\neligible real property shall thereafter by prospectively entitled to\nexemption from local real property taxation pursuant to this\nsubdivision, and (3) with respect to eligible real property that is\neligible for an exemption from local real property taxation pursuant to\nthis subdivision on the effective date of this subdivision and that is\nreceiving exemption from local real property taxation pursuant to\nsubdivisions one and two of this section on the effective date of this\nsubdivision, an eligible owner may prospectively terminate such\nexemption upon entering into a new regulatory agreement and the eligible\nreal property shall thereafter be prospectively entitled to exemption\nfrom local real property taxation pursuant to this subdivision.\n  (d)(1) An exemption may be granted pursuant to this subdivision only\nupon application by the eligible owner on a form prescribed by the\ncommissioner or any comparable form, which application shall be accepted\nby the assessor of such city as provided in this subdivision and in such\nrules as may be promulgated pursuant to this subdivision by the\ndepartment of housing preservation and development in such city. No such\napplication shall be accepted by the assessor unless accompanied by a\ncertificate of the department of housing preservation and development in\nsuch city certifying the applicant's eligibility pursuant to this\nsubdivision.\n  (2) Notwithstanding section three hundred two of this chapter, an\nexemption granted pursuant to this subdivision shall commence as of the\neffective date of the regulatory agreement, regardless of when the\napplication for such exemption is approved, and shall terminate upon the\nexpiration or termination of such regulatory agreement. Notwithstanding\nany provision of this subdivision to the contrary, if there is a default\npursuant to the regulatory agreement, and such default remains uncured\nbeyond any period for such cure specified in the regulatory agreement,\nthe municipality may terminate such exemption or suspend such exemption\nuntil such default is cured.\n  (3) The department of housing preservation and development in such\ncity may promulgate rules to carry out the provisions of this\nsubdivision, and may require a reasonable filing fee in an amount\nprovided by such rules.\n
N.Y. PBH Law § 2327 — New York Code / Act PBH / Article 23 / Title 2 / Section 2327
Houses of prostitution; injunction; scope; violation
Status: in_force

§ 2327. Houses of prostitution; injunction; scope; violation.  1. When\nan injunction has been granted pursuant to the provisions of this\narticle, it shall be binding on each defendant throughout the state, and\nany violation of the provisions of the injunction or temporary\nrestraining order herein provided, shall be a contempt and punished as\nhereinafter provided.\n  2. In case of a violation of any injunction granted under the\nprovisions of this article, or of a restraining order or the commission\nof any contempt of court in proceedings under this article the court, or\nin vacation a judge thereof, may summarily try and punish the offender.\n  3. The contempt proceedings shall be commenced by filing with the\nclerk of the court a complaint under oath, setting out and alleging the\nfacts constituting such violation, upon which the court or judge shall\ncause a warrant to issue, under which the defendant shall be arrested.\nThe trial may be had upon affidavits, or either party may demand the\nproduction and oral examination of the witnesses.\n
N.Y. EDN Law § 1529 — New York Code / Act EDN / Title 2 / Article 32 / Section 1529
Times for filing statements
Status: in_force

§ 1529. Times for filing statements. 1. The times for filing the\nstatements prescribed by section fifteen hundred twenty-eight of this\narticle shall be as follows:\n  a. A first statement shall be filed on or before the thirtieth day\nnext preceding the election to which it relates.\n  b. A second statement shall be filed on or before the fifth day next\npreceding the election to which it relates.\n  c. A third statement shall be filed within twenty days next succeeding\nthe election to which it relates.\n  2. Unless otherwise provided, each statement shall cover the period up\nto and including the day next preceding the day herein specified for the\nfiling thereof; provided, however, that any contribution or loan in\nexcess of one thousand dollars, if received after the close of the\nperiod to be covered in the last statement filed before the election but\nbefore such election, shall be reported, in the same manner as other\ncontributions, within twenty-four hours after receipt.\n  3. It shall not be necessary to itemize in any statement the data\npreviously reported in any prior statement but each statement shall\ninclude a summary of all expenditures and contributions and other\nparticulars reported in any previous statements.\n  4. A statement shall be deemed properly filed when deposited in an\nestablished post-office within the prescribed time, duly stamped,\nregistered and directed to the clerk of the school district in which he\nis a candidate and to the commissioner of education, but in the event it\nis not received, a duplicate of such statement shall be promptly filed\nupon notice by the school district administrative officer and/or the\ncommissioner of its non-receipt. Each statement shall be preserved for a\nperiod of three years from the date of filing thereof and it shall\nconstitute a part of the public records and shall be open to public\ninspection.\n
N.Y. RPT Law § 459-C — New York Code / Act RPT / Article 4 / Title 2 / Section 459-C
Persons with disabilities and limited incomes
Status: in_force

§ 459-c. Persons with disabilities and limited incomes. 1.  * (a) Real\nproperty owned by one or more persons with disabilities, or real\nproperty owned by a married person or a married couple, or by siblings,\nat least one of whom has a disability, or a person with a disability who\nhas their primary residence in a special needs trust, or a property\nowner who has a tenant with a disability whose lease provides them with\na life interest in the property as long as the tenant remains in\nresidence, or real property owned by one or more persons, some of whom\nqualify under this section and the others of whom qualify under section\nfour hundred sixty-seven of this title, and whose income, as hereafter\ndefined, is limited by reason of such disability, shall be exempt from\npayments in lieu of taxes (PILOT) to the battery city park authority or\nfrom taxation by any municipal corporation in which located to the\nextent of fifty per centum of the assessed valuation thereof as\nhereinafter provided. After a public hearing, the governing board of a\ncounty, city, town or village may adopt a local law and a school\ndistrict, other than a school district subject to article fifty-two of\nthe education law, may adopt a resolution to grant the exemption\nauthorized pursuant to this section.\n  * NB Effective until July 1, 2027\n  * (a) Real property owned by one or more persons with disabilities, or\nreal property owned by a married person or a married couple, or by\nsiblings, at least one of whom has a disability, or a person with a\ndisability who has their primary residence in a special needs trust, or\na property owner who has a tenant with a disability whose lease provides\nthem with a life interest in the property as long as the tenant remains\nin residence, or real property owned by one or more persons, some of\nwhom qualify under this section and the others of whom qualify under\nsection four hundred sixty-seven of this title, and whose income, as\nhereafter defined, is limited by reason of such disability, shall be\nexempt from payments in lieu of taxes (PILOT) to the battery city park\nauthority or from taxation by any municipal corporation in which located\nto the extent of fifty per centum of the assessed valuation thereof as\nhereinafter provided. After a public hearing, the governing board of a\ncounty, city, town or village may adopt a local law and a school\ndistrict, other than a school district subject to article fifty-two of\nthe education law, may adopt a resolution to grant the exemption\nauthorized pursuant to this section, provided that such local law or\nresolution shall be enacted or amended separately from any other local\nlaw, ordinance, or resolution authorized pursuant to a section of this\narticle other than (i) this section or (ii) section four hundred\nsixty-seven of this title.\n  * NB Effective July 1, 2027\n  (b) Any local law or resolution adopted pursuant to paragraph (a) of\nthis subdivision may be amended, or a local law or resolution may be\nadopted, to provide an exemption so as to increase the maximum income\neligibility level of such municipal corporation as provided in\nsubdivision five of this section (represented in the hereinbelow\nschedule as M), to the extent provided in the following schedule:\n  ANNUAL INCOME                         PERCENTAGE ASSESSED VALUATION\n                                        EXEMPT FROM TAXATION OR PILOT\nMore than (M) but\n     less than (M+ $1,000)                   45 per centum\n(M+ $1,000 or more) but\n     less than (M+ $2,000)                   40 per centum\n(M+ $2,000 or more) but\n     less than (M+ $3,000)                   35 per centum\n(M+ $3,000 or more) but\n     less than (M+ $3,900)                   30 per centum\n(M+ $3,900 or more) but\n     less than (M+ $4,800)                   25 per centum\n(M+ $4,800 or more) but\n     less than (M+ $5,700)                   20 per centum\n(M+ $5,700 or more) but\n     less than (M+ $6,600)                   15 per centum\n(M+ $6,600 or more) but\n     less than (M+ $7,500)                   10 per centum\n(M + $7,500 or more) but\n     less than (M+ $8,400)                   5 per centum\n  2. For purposes of this section:  (a) the term "sibling" shall include\npersons whose relationship as siblings has been established through\neither half blood, whole blood or adoption.\n  (b) a person with a disability is one who has a physical or mental\nimpairment, not due to current use of alcohol or illegal drug use, which\nsubstantially limits such person's ability to engage in one or more\nmajor life activities, such as caring for one's self, performing manual\ntasks, walking, seeing, hearing, speaking, breathing, learning and\nworking, and who (i) is certified to receive social security disability\ninsurance (SSDI) or supplemental security income (SSI) benefits under\nthe federal Social Security Act, or (ii) is certified to receive\nRailroad Retirement Disability benefits under the federal railroad\nRetirement Act, or (iii) has received a certificate from the state\ncommission for the blind stating that such person is legally blind, or\n(iv) is certified to receive a United States Postal Service disability\npension, or (v) is certified to receive a United States department of\nveterans affairs disability pension pursuant to 38 U.S.C. §1521, or (vi)\nhas received an order from the chair of the workers' compensation board\npursuant to article two of the workers' compensation law determining an\naward for compensation for (A) permanent total disability, as described\nin subdivision one of section fifteen of the workers' compensation law,\nor (B) permanent partial disability, as described in subdivision three\nof such section fifteen of the workers' compensation law, provided that\nthe governing board of a municipality, after a public hearing, may adopt\na local law or resolution establishing an adjustment percentage to be\napplied to the exemption percentage schedule established in paragraph\n(b) of subdivision one of this section, for exemptions based upon\npermanent partial disabilities. Such adjustment percentage shall not be\nless than fifty percent, and not more than one hundred percent.\n  An award letter from the Social Security Administration or the\nRailroad Retirement Board, or a certificate from the state commission\nfor the blind, or an award letter from the United States Postal Service,\nor an award letter from the United States department of veterans\naffairs, or an order of determination of an award for compensation for\npermanent total disability or for permanent partial disability issued by\nthe workers' compensation board shall be submitted as proof of\ndisability.\n  3. Any exemption provided by this section shall be computed after all\nother partial exemptions allowed by law, excluding the school tax relief\n(STAR) exemption authorized by section four hundred twenty-five of this\ntitle, have been subtracted from the total amount assessed; provided,\nhowever, that no parcel may receive an exemption for the same PILOT or\nmunicipal tax purpose pursuant to both this section and section four\nhundred sixty-seven of this title.\n  4. Exemption from taxation for school purposes shall not be granted in\nthe case of real property where a child resides if such child attends a\npublic school of elementary or secondary education; unless the governing\nboard of the school district in which the property is located, after\npublic hearing, adopts a resolution providing for such exemption;\nprovided that any such resolution shall condition such exemption upon\nsatisfactory proof that the child was not brought into the residence in\nwhole or in substantial part for the purpose of attending a particular\nschool within the district. The procedure for such hearing and\nresolution must be conducted separately from the procedure for any\nhearing and local law, ordinance or resolution conducted pursuant to\nparagraph (a) of subdivision one of this section.\n  5. No exemption shall be granted:\n  (a) * (i) if the income of the owner or the combined income of the\nowners of the property for the applicable income tax year exceeds the\nsum of three thousand dollars, or such other sum not less than three\nthousand dollars nor more than fifty thousand dollars, as may be\nprovided by the local law or resolution adopted pursuant to this\nsection.\n  * NB Effective until July 1, 2027\n  * (i) if the income of the owner or the combined income of the owners\nof the property for the applicable income tax year exceeds the sum of\nthree thousand dollars, or such other sum not less than three thousand\ndollars nor more than seventy-five thousand dollars beginning July\nfirst, two thousand twenty-seven, as may be provided by the local law or\nresolution adopted pursuant to this section.\n  * NB Effective July 1, 2027\n  (ii) Where the taxable status date is on or before April fourteenth,\nthe applicable income tax year shall be the second most recent calendar\nyear. Where the taxable status date is on or after April fifteenth, the\napplicable income tax year shall be the most recent calendar year.\nProvided, however, that for taxpayers whose income tax returns are filed\non the basis of a fiscal year rather than a calendar year, the\napplicable income tax year shall be the most recent fiscal year for\nwhich an income tax return has been filed.\n  (iii) Where title is vested in a married person, the combined income\nof such person and such person's spouse may not exceed such sum, except\nwhere one spouse or ex-spouse is absent from the property due to\ndivorce, legal separation or abandonment, then only the income of the\nspouse or ex-spouse residing on the property shall be considered and may\nnot exceed such sum.\n  (iv) The term "income" as used herein shall mean the "adjusted gross\nincome" for federal income tax purposes as reported on the applicant's\nfederal or state income tax return for the applicable income tax year,\nsubject to any subsequent amendments or revisions, plus any social\nsecurity benefits not included in such federal adjusted gross income;\nprovided that if no such return was filed for the applicable income tax\nyear, the applicant's income shall be determined based on the amounts\nthat would have so been reported if such a return had been filed; and\nprovided further, that when determining income for purposes of this\nsection, the following conditions shall be applicable:\n  (1) the governing body of a municipal corporation, after a public\nhearing, may adopt a local law, ordinance or resolution providing that\nany social security benefits that were not included in the applicant's\nfederal adjusted gross income shall not be considered income;\n  (2) distributions received from an individual retirement account or\nindividual retirement annuity that were included in the applicant's\nfederal adjusted gross income shall not be considered income unless the\ngoverning body of a municipal corporation, after a public hearing,\nadopts a local law, ordinance or resolution providing otherwise;\n  (3) the applicant's income shall be offset by all medical and\nprescription drug expenses actually paid that were not reimbursed or\npaid for by insurance, if the governing body of a municipal corporation,\nafter a public hearing, adopts a local law, ordinance or resolution\nproviding therefor;\n  (4) any tax-exempt interest or dividends that were excluded from the\napplicant's federal adjusted gross income shall be considered income;\nand\n  (5) any losses that were applied to reduce the applicant's federal\nadjusted gross income shall be subject to the following limitations:\n  (A) the net amount of loss reported on federal Schedule C, D, E, or F\nshall not exceed three thousand dollars per schedule,\n  (B) the net amount of any other separate category of loss shall not\nexceed three thousand dollars, and\n  (C) the aggregate amount of all losses shall not exceed fifteen\nthousand dollars;\n  (v) Notwithstanding subparagraph (iv) of this paragraph, in a city\nhaving a population of one million persons or more:\n  (1) except as provided in clause two of this subparagraph, the term\n"income" as used in this section shall mean the "adjusted gross income"\nfor federal income tax purposes as reported on the applicant's federal\nor state income tax return for the most recent income tax year or years\nfor which data is sufficiently available to determine the applicant's\neligibility for exemptions pursuant to this section, subject to any\nsubsequent amendments or revisions, minus any distributions, to the\nextent included in federal adjusted gross income, received from an\nindividual retirement account and an individual retirement annuity;\nprovided that if no such return was filed for such income tax year, the\napplicant's income shall be determined based on the amounts that would\nhave so been reported if such a return had been filed; and\n  (2) if an owner who has received an exemption pursuant to this section\nfor a property on an assessment roll for a tax year ending on or before\nJune thirtieth, two thousand twenty-four, would receive a greater\nexemption for any tax year ending on or after June thirtieth, two\nthousand twenty-five, the term "income" shall include social security\nand retirement benefits, interest, dividends, total gain from the sale\nor exchange of a capital asset which may be offset by a loss from the\nsale or exchange of a capital asset in the same income tax year, net\nrental income, salary or earnings, and net income from self-employment,\nbut shall not include a return of capital, gifts, inheritances or monies\nearned through employment in the federal foster grandparent program and\nany such income shall be offset by all medical and prescription drug\nexpenses actually paid which were not reimbursed or paid for by\ninsurance, if the governing board of a municipality, after a public\nhearing, adopts a local law or resolution providing therefor. In\ncomputing net rental income and net income from self-employment for the\npurposes of this item, no depreciation deduction shall be allowed for\nthe exhaustion, wear and tear of real or personal property held for the\nproduction of income.\n  (b) unless the property is used exclusively for residential purposes,\nprovided, however, that in the event any portion of such property is not\nso used exclusively for residential purposes but is used for other\npurposes, such portion shall be subject to taxation or PILOT and the\nremaining portion only shall be entitled to the exemption provided by\nthis section;\n  (c) unless the real property is the legal residence of and is occupied\nin whole or in part by the disabled person; except where the disabled\nperson is absent from the residence while receiving health-related care\nas an inpatient of a residential health care facility, as defined in\nsection twenty-eight hundred one of the public health law, provided that\nany income accruing to that person shall be considered income for\npurposes of this section only to the extent that it exceeds the amount\npaid by such person or spouse or sibling of such person for care in the\nfacility.\n  6. (a) If so provided in the local law or resolution adopted pursuant\nto this section, title to that portion of real property owned by a\ncooperative apartment corporation in which a tenant-stockholder of such\ncorporation resides, and which is represented by the\ntenant-stockholder's share or shares of stock in such corporation as\ndetermined by its or their proportional relationship to the total\noutstanding stock of the corporation, including that owned by the\ncorporation, shall be deemed to be vested in such tenant-stockholder.\n  (b) That proportion of the assessment of such real property owned by a\ncooperative apartment corporation determined by the relationship of such\nreal property vested in such tenant-stockholder to such entire parcel\nand the buildings thereon owned by such cooperative apartment\ncorporation in which such tenant-stockholder resides shall be subject to\nexemption from taxation or PILOT pursuant to this section and any\nexemption so granted shall be credited by the appropriate taxing\nauthority against the assessed valuation of such real property; the\nreduction in real property taxes or PILOT realized thereby shall be\ncredited by the cooperative apartment corporation against the amount of\nsuch taxes or PILOT otherwise payable by or chargeable to such\ntenant-stockholder.\n  7. Application for such exemption must be made annually by the owner,\nor all of the owners of the property, on forms prescribed by the\ncommissioner, and shall be filed in such assessor's office on or before\nthe appropriate taxable status date; provided, however, proof of a\npermanent disability need be submitted only in the year exemption\npursuant to this section is first sought or the disability is first\ndetermined to be permanent.\n  7-a. Notwithstanding the provisions of this section or any other\nprovision of law, in a city having a population of one million or more,\napplications for the exemption authorized pursuant to this section shall\nbe considered timely filed if they are filed on or before the fifteenth\nday of March of the appropriate year and in such city all references in\nthis section to taxable status date shall be deemed to refer to the\nfifteenth day of March of the appropriate year.\n  8. At least sixty days prior to the appropriate taxable status date,\nthe assessor shall mail to each person who was granted exemption\npursuant to this section on the latest completed assessment roll an\napplication form and a notice that such application must be filed on or\nbefore the taxable status date and be approved in order for the\nexemption to continue to be granted. Failure to mail such application\nform or the failure of such person to receive the same shall not prevent\nthe levy, collection and enforcement of the payment of the taxes or\nPILOT on property owned by such person.\n  9. Notwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply to real property held in trust\nsolely for the benefit of a person or persons who would otherwise be\neligible for a real property tax or PILOT exemption, pursuant to\nsubdivision one of this section, were such person or persons the owner\nor owners of such real property.\n