N.Y. ELD Law § 202 — New York Code / Act ELD / Article 2 / Title 1 / Section 202
General powers and duties of office
Status: in_force

§ 202. General powers and duties of office. The office shall have the\nfollowing powers and duties:\n  1. to advise and assist the governor in developing policies designed\nto help meet the needs of the aging and to encourage the full\nparticipation of the aging in society;\n  2. to coordinate state programs and activities relating to the aging;\n  3. to stimulate community interest in the problems of the aging;\n  4. to promote public awareness of resources available for the aging,\nand to refer the public to the appropriate departments and agencies of\nthe state and federal governments for advice, assistance and available\nservices in connection with particular problems;\n  5. to cooperate with and assist political subdivisions of the state in\nthe development of local programs for the aging;\n  6. to consult and cooperate with universities, colleges and\ninstitutions in the state for the development of courses of study for\npersons engaged in public and private programs for the aging;\n  7. to make such studies of needs of the aging as the director may deem\nappropriate or as may be requested by the governor;\n  8. to foster and support studies, research and education relating to\nproblems of and services for the aging;\n  9. to serve as a clearinghouse for information relating to the needs\nof the aging;\n  10. to sponsor conferences relating to problems of and services for\nthe aging;\n  11. to enter into contracts, within the amount available by\nappropriation therefor, with individuals, organizations and\ninstitutions, in the exercise of any of its powers or the performance of\nany of its duties;\n  12. to make recommendations to the governor for the presentation of an\nannual award to a senior citizen for outstanding and unusual\ncontribution to his or her community;\n  13. to conduct a program of education and information on age\ndiscrimination and the preparation and filing of complaints relating to\npersons sixty years of age or older;\n  14. to, in cooperation with the department of state:\n  (a) prepare or cause to be prepared and made available to cities,\ntowns and villages model zoning and planning guidelines that foster\nage-integrated communities including provisions to allow for accessory\nsenior citizen units in areas zoned for single family residences and for\nmixed-use development accommodating senior citizen residential housing;\nand\n  (b) make recommendations, in consultation with the division of housing\nand community renewal, to the governor and legislature for assisting\nmixed-use age-integrated housing development or redevelopment\ndemonstration projects in urban, suburban and rural areas of the state.\nThe director of the office for the aging and secretary of state shall\nestablish an advisory committee for purposes of this subdivision. Such\ncommittee shall include, but not be limited to, top representatives of\nlocal government, senior citizen organizations, developers, senior\nservice providers and planners;\n  15. to periodically, in consultation with the state commissioner of\nveterans' services, review the programs operated by the office to ensure\nthat the needs of the state's aging veteran population are being met and\nto develop improvements to programs to meet such needs;\n  16. to the extent appropriations are available, and in consultation\nwith the office of children and family services, conduct a public\neducation campaign that emphasizes zero-tolerance for elder abuse. Such\ncampaign shall include information about the signs and symptoms of elder\nabuse, identification of potential causes of elder abuse, which includes\nidentity theft, resources available to assist in the prevention of elder\nabuse, where suspected elder abuse can be reported, contact information\nfor programs offering services to victims of elder abuse such as\ncounseling, and assistance with arranging personal care and shelter.\nSuch campaign may include, but not be limited to: printed educational\nand informational materials; audio, video, electronic, other media; and\npublic service announcements or advertisements; and\n  17. subject to an appropriation, make available to designated agencies\nas defined in paragraph (a) of subdivision one of section two hundred\nfourteen of this title, a training program for the purpose of raising\nawareness, removing barriers and improving services for older adults\nbased on their sexual orientation and gender identity or expression as\ndefined in section two hundred ninety-two of the executive law. Such\ntraining program may include:\n  (i) an overview of the history, unique needs, and concerns of lesbian,\ngay, bisexual, transgender, asexual, gender non-conforming and gender\nnon-binary older adults;\n  (ii) reasons why lesbian, gay, bisexual, transgender, asexual, gender\nnon-conforming and gender non-binary older adults may choose not to\nself-identify; and\n  (iii) tools that may be used to incorporate lesbian, gay, bisexual,\ntransgender, asexual, gender non-conforming and gender non-binary older\nadult concerns into direct care and steps that may be taken to improve\nthe quality of services and support provided.\n
N.Y. MRE Law § 105 — New York Code / Act MRE / Article 5 / Title 1 / Section 105
Cooking spaces
Status: in_force

§ 105. Cooking spaces.  1. Every space which is intended, arranged or\ndesigned for cooking or warming of food shall be either a kitchen or\nkitchenette.\n  2. A kitchen or kitchenette shall be unlawful unless it is\nconstructed, arranged and maintained in compliance with the following\napplicable provisions:\n  a. The ceiling and walls, exclusive of doors, of all kitchenettes\nshall be fire-retarded or in lieu thereof such space shall be equipped\nwith one or more sprinkler heads to fuse at a temperature not higher\nthan two hundred twelve degrees Fahrenheit. Such heads shall be\nconnected to the water supply through a pipe of adequate size.\n  b. In every kitchen and kitchenette, all combustible material\nimmediately underneath or within one foot of any apparatus used for\ncooking or warming of food shall be fire-retarded or covered with\nfire-resistive material.\n  c. Every kitchenette shall be provided with a window opening upon a\nstreet or upon a yard, court or shaft. Such window shall be at least one\nfoot wide, have a total area of at least three square feet and be at\nleast ten per centum of the superficial floor area of such kitchenette.\nIn lieu of such window, in such kitchenette it shall be lawful to\ninstall a system of mechanical or gravity ventilation to provide at\nleast six changes per hour of the air volume of such kitchenette.\n  d. Every kitchenette may be equipped with a door or doors, provided\nthe lower portion of each such door has a metal grille containing at\nleast forty-eight square inches of clear openings or, in lieu of such a\ngrille, there are two clear open spaces, each of at least twenty-four\nsquare inches, one between the floor and each such door, and the other\nbetween the top of each such door and the head jamb.\n
N.Y. RPT Law § 416 — New York Code / Act RPT / Article 4 / Title 1 / Section 416
United Nations
Status: in_force

§ 416. United Nations.  Real property owned by the United Nations or\nof any world-wide international organization of which the United States\nshall be a member and which shall be established and shall provide\ninternational agencies in order to maintain international peace and\nsecurity, develop friendly relations among nations and achieve\ninternational cooperation in solving international problems of an\neconomic, social, cultural or humanitarian character, by taking action\nwhich includes effective collective measures for the prevention and\nremoval of threats to peace, for the suppression of acts of aggression\nor other breaches of the peace and for the bringing about by peaceful\nmeans, and in conformity with the principles of justice and\ninternational law, of the adjustment or settlement of international\ndisputes or situations which might lead to a breach of the peace,\nexclusively used for the purpose of establishing and maintaining thereon\nheadquarters for offices and for places of assembly for carrying on the\nfunctions of United Nations or other such world-wide international\norganization shall be exempt from taxation, special ad valorem levies\nand special assessments. The exemption granted by this section shall\ncontinue with respect to such real property as long as it remains the\nproperty of the United Nations or any world-wide international\norganization as herein described and is used exclusively for the purpose\nof maintaining thereon headquarters for offices and places of assembly\nfor carrying on the functions of the United Nations or such world-wide\ninternational organization, and no longer. Any building, each portion\nthereof, and the land on which such building is constructed, to the\nextent and from time to time constituting part or all of the reuse\nproject defined in chapter three hundred forty-five of the laws of\nnineteen hundred sixty-eight, shall be exempt from real property\ntaxation, provided that in connection with such reuse project, an\nagreement shall be entered into with the city of New York providing for\npayments in lieu of property taxes with respect to any space in such\nreuse project that is not used for carrying on the functions of the\nUnited Nations and is not used for purposes that satisfy the\nrequirements for exemption from taxation under either section four\nhundred eighteen or section four hundred twenty-a of this article.\n
N.Y. PBA Law § 1014 — New York Code / Act PBA / Article 5 / Title 1 / Section 1014
Public service law not applicable to authority; inconsistent provisions in other acts superseded
Status: in_force

* § 1014. Public service law not applicable to authority; inconsistent\nprovisions in other acts superseded. The rates, services and practices\nrelating to the generation, transmission, distribution and sale by the\nauthority, of power to be generated from the projects authorized by this\ntitle shall not be subject to the provisions of the public service law\nnor to regulation by, nor the jurisdiction of the department of public\nservice. Except to the extent article seven of the public service law\napplies to the siting and operation of a major utility transmission\nfacility as defined therein, article VIII of the public service law\napplies to the siting and operation of a major electric generation\nfacility or a major electric transmission facility as defined therein,\nand article ten of the public service law applies to the siting of a\nmajor electric generating facility as defined therein, and except to the\nextent section eighteen-a of the public service law provides for\nassessment of the authority for certain costs relating thereto, the\nprovisions of the public service law and of the environmental\nconservation law and every other law relating to the department of\npublic service or the public service commission or to the environmental\nconservation department or to the functions, powers or duties assigned\nto the division of water power and control by chapter six hundred\nnineteen of the laws of nineteen hundred twenty-six, shall so far as is\nnecessary to make this title effective in accordance with its terms and\npurposes be deemed to be superseded, and wherever any provision of law\nshall be found in conflict with the provisions of this title or\ninconsistent with the purposes thereof, it shall be deemed to be\nsuperseded, modified or repealed as the case may require.\n  * NB Effective until December 31, 2040\n  * § 1014. Public service law not applicable to authority; inconsistent\nprovisions in other acts superseded. The rates, services and practices\nrelating to the generation, transmission, distribution and sale by the\nauthority, of power to be generated from the projects authorized by this\ntitle shall not be subject to the provisions of the public service law\nnor to regulation by, nor the jurisdiction of the department of public\nservice. Except to the extent article seven of the public service law\napplies to the siting and operation of a major utility transmission\nfacility as defined therein, and article ten of the public service law\napplies to the siting of a major electric generating facility as defined\ntherein, and except to the extent section eighteen-a of the public\nservice law provides for assessment of the authority for certain costs\nrelating thereto, the provisions of the public service law and of the\nenvironmental conservation law and every other law relating to the\ndepartment of public service or the public service commission or to the\nenvironmental conservation department or to the functions, powers or\nduties assigned to the division of water power and control by chapter\nsix hundred nineteen of the laws of nineteen hundred twenty-six, shall\nso far as is necessary to make this title effective in accordance with\nits terms and purposes be deemed to be superseded, and wherever any\nprovision of law shall be found in conflict with the provisions of this\ntitle or inconsistent with the purposes thereof, it shall be deemed to\nbe superseded, modified or repealed as the case may require.\n  * NB Effective December 31, 2040\n
N.Y. PBA Law § 3102-G — New York Code / Act PBA / Article 10-A / Title 1 / Section 3102-G
Technology commercialization clinic program
Status: in_force

§ 3102-g. Technology commercialization clinic program. The foundation\nshall establish a technology commercialization clinic program to be\nmanaged by the science and technology law center for the purposes of\nassisting New York universities, entrepreneurs and companies in\ncommercializing new products or processes.\n  1. Entities eligible to operate the program shall be competitively\nselected by the foundation and shall include business, law and\nengineering schools, and other academic research entities, located at\ncolleges and universities in the state.\n  2. Activities under this program shall be conducted by students\nsupervised by appropriate faculty and university administrators and\nshall include but not be limited to the following:\n  (a) engaging in faculty-supervised projects specializing in research\nand analysis of the commercial development of early-stage technologies\non behalf of New York universities and companies;\n  (b) providing research and analysis of the technical, marketing,\nintellectual property, and legal issues related to the commercial\ndevelopment of new technologies on behalf of New York universities and\ncompanies;\n  (c) collaborating with other technology commercialization clinic\nprograms to develop best practices to support technology\ncommercialization in New York.\n
N.Y. LAB Law § 934 — New York Code / Act LAB / Article 32 / Title 1 / Section 934
License issuance and renewal
Status: in_force

§ 934. License issuance and renewal. 1. Licenses issued pursuant to\nthe provisions of this title shall be valid for a period of two years\nfrom the date of issuance and may be renewed in accordance with the\nconditions set forth in this article and established by the\ncommissioner.\n  2. Within thirty days of the receipt of the application and fee for\nany license issued under this section, the commissioner shall either\nissue the license or issue a notification of denial pursuant to\nsubdivision one of section nine hundred thirty-eight of this title.\n  3. Licenses shall be in a form prescribed by the commissioner.\n  4. The renewal of all licenses granted under the provisions of this\narticle shall be conditioned upon the submission of a certificate of\ncompletion of a commissioner-approved course designed to ensure the\ncontinuing education of licensees on new and existing mold assessment\nand mold remediation standards.\n
N.Y. MRE Law § 207 — New York Code / Act MRE / Article 6 / Title 1 / Section 207
Public halls
Status: in_force

§ 207. Public halls. 1. Every public vestibule or other public hall\nshall comply either with the applicable provisions of section two\nhundred fifty-eight for non-fireproof dwellings, or with all of the\nfollowing provisions:\n  a. Every such public vestibule or hall shall be everywhere at least\nthree feet eight inches in clear width and shall be separated from all\nother parts of the dwelling by fireproof floors and walls.\n  b. All openings from such a public vestibule or hall to stairs,\nfire-stairs, shafts, apartments or suites shall be protected by\nfire-proof doors and assemblies, with the doors self-closing, except\nthat such doors and assemblies shall not be required in any transiently\nor temporarily occupied fireproof dwelling for any apartment consisting\nof one room opening directly upon a public hall.\n  c. Such a public vestibule or hall shall not be required to have a\nwindow, but if it does not have a window opening to the outer air it\nshall be equipped for artificial lighting and ventilation.\n  d. Any part of a public hall that is shut off from any other part of\nsuch hall by a door or doors shall be deemed a separate hall.\n
N.Y. VAT Law § 158-B — New York Code / Act VAT / Title 1 / Article 1 / Section 158-B
Vanpool vehicle
Status: in_force

§ 158-b. Vanpool vehicle. Any motor vehicle which is manufactured and\nequipped in such manner as to provide a seating capacity of not less\nthan six and not more than fifteen passengers, in addition to the\ndriver, and which is owned by, or leased to, a person, firm,\ncorporation, association, municipality or public authority in this state\nto be used for the purpose of vanpooling, which shall mean the\nprearranged transport of persons to and from their places of employment\nor other destinations on a regular daily basis provided that any moneys\npaid by the passengers to the vanpool vehicle owner, lessee or operator\nare solely for the recovery of some or all expenses related directly to\nthe transport of the passengers, including tolls, fuel, insurance and\ndepreciation, on a non-profit basis.\n
N.Y. PBA Law § 1020-JJ — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-JJ
Energy storage deployment policy
Status: in_force

§ 1020-jj. Energy storage deployment policy. The authority shall\nencourage the installation of qualified energy storage systems in its\nservice territory through implementation of the energy storage\ndeployment policy as set forth and defined in section seventy-four of\nthe public service law.\n
N.Y. PBA Law § 2800 — New York Code / Act PBA / Article 9 / Title 1 / Section 2800
Annual reports by authorities
Status: in_force

§ 2800. Annual reports by authorities. 1. State authorities. (a) For\nthe purpose of furnishing the state with systematic information\nregarding the status and the activities of public authorities, every\nstate authority continued or created by this chapter or any other\nchapter of the laws of the state of New York shall submit to the\ngovernor, the chairman and ranking minority member of the senate finance\ncommittee, the chairman and ranking minority member of the assembly ways\nand means committee, the state comptroller, and the authorities budget\noffice, within ninety days after the end of its fiscal year, a complete\nand detailed report or reports setting forth: (1) its operations and\naccomplishments; (2) its financial reports, including (i) audited\nfinancials in accordance with all applicable regulations and following\ngenerally accepted accounting principles as defined in subdivision ten\nof section two of the state finance law, (ii) grant and subsidy\nprograms, (iii) operating and financial risks, (iv) current ratings, if\nany, of its bonds issued by recognized municipal bond rating agencies\nand notice of changes in such ratings, and (v) long-term liabilities,\nincluding leases and employee benefit plans; (3) its mission statement\nand measurements including its most recent measurement report; (4) a\nschedule of its bonds and notes outstanding at the end of its fiscal\nyear, together with a statement of the amounts redeemed and incurred\nduring such fiscal year as part of a schedule of debt issuance that\nincludes the date of issuance, term, amount, interest rate and means of\nrepayment. Additionally, the debt schedule shall also include all\nrefinancings, calls, refundings, defeasements and interest rate exchange\nor other such agreements, and for any debt issued during the reporting\nyear, the schedule shall also include a detailed list of costs of\nissuance for such debt; (5) a compensation schedule, in addition to the\nreport described in section twenty-eight hundred six of this title, that\nshall include, by position, title and name of the person holding such\nposition or title, the salary, compensation, allowance and/or benefits\nprovided to any officer, director or employee in a decision making or\nmanagerial position of such authority whose salary is in excess of one\nhundred thousand dollars; (5-a) biographical information, not including\nconfidential personal information, for all directors and officers and\nemployees for whom salary reporting is required under subparagraph five\nof this paragraph; (6) the projects undertaken by such authority during\nthe past year; (7) a listing and description, in addition to the report\nrequired by paragraph a of subdivision three of section twenty-eight\nhundred ninety-six of this article of all real property of such\nauthority having an estimated fair market value in excess of fifteen\nthousand dollars that the authority acquires or disposes of during such\nperiod. The report shall contain the price received or paid by the\nauthority and the name of the purchaser or seller for all such property\nsold or bought by the authority during such period; (8) such authority's\ncode of ethics; (9) an assessment of the effectiveness of its internal\ncontrol structure and procedures; (10) a copy of the legislation that\nforms the statutory basis of the authority; (11) a description of the\nauthority and its board structure, including (i) names of committees and\ncommittee members, (ii) lists of board meetings and attendance, (iii)\ndescriptions of major authority units, subsidiaries, and (iv) number of\nemployees; (12) its charter, if any, and by-laws; (13) a listing of\nmaterial changes in operations and programs during the reporting year;\n(14) at a minimum a four-year financial plan, including (i) a current\nand projected capital budget, and (ii) an operating budget report,\nincluding an actual versus estimated budget, with an analysis and\nmeasurement of financial and operating performance; (15) its board\nperformance evaluations; provided, however, that such evaluations shall\nnot be subject to disclosure under article six of the public officers\nlaw; (16) a description of the total amounts of assets, services or both\nassets and services bought or sold without competitive bidding,\nincluding (i) the nature of those assets and services, (ii) the names of\nthe counterparties, and (iii) where the contract price for assets\npurchased exceeds fair market value, or where the contract price for\nassets sold is less than fair market value, a detailed explanation of\nthe justification for making the purchase or sale without competitive\nbidding, and a certification by the chief executive officer and chief\nfinancial officer of the public authority that they have reviewed the\nterms of such purchase or sale and determined that it complies with\napplicable law and procurement guidelines; and (17) a description of any\nmaterial pending litigation in which the authority is involved as a\nparty during the reporting year, except that no hospital need disclose\ninformation about pending malpractice claims beyond the existence of\nsuch claims.\n  (b) Each state authority shall make accessible to the public, via its\nofficial or shared internet web site, documentation pertaining to its\nmission, current activities, most recent annual financial reports,\ncurrent year budget and its most recent independent audit report unless\nsuch information is covered by subdivision two of section eighty-seven\nof the public officers law.\n  (c) The authorities budget office shall make accessible to the public,\nvia its official or shared internet web site, documentation pertaining\nto each authority's mission, current activities, most recent annual\nfinancial reports, current year budget and its most recent independent\naudit report unless such information is covered by subdivision two of\nsection eighty-seven of the public officers law.\n  2. Local authorities. (a) Every local authority, continued or created\nby this chapter or any other chapter of the laws of the state of New\nYork shall submit to the chief executive officer, the chief fiscal\nofficer, the chairperson of the legislative body of the local government\nor local governments and the authorities budget office, within ninety\ndays after the end of its fiscal year, a complete and detailed report or\nreports setting forth: (1) its operations and accomplishments; (2) its\nfinancial reports, including (i) audited financials in accordance with\nall applicable regulations and following generally accepted accounting\nprinciples as defined in subdivision ten of section two of the state\nfinance law, (ii) grants and subsidy programs, (iii) operating and\nfinancial risks, (iv) current ratings if any, of its bonds issued by\nrecognized municipal bond rating agencies and notice of changes in such\nratings, and (v) long-term liabilities, including leases and employee\nbenefit plans; (3) its mission statement and measurements including its\nmost recent measurement report; (4) a schedule of its bonds and notes\noutstanding at the end of its fiscal year, together with a statement of\nthe amounts redeemed and incurred during such fiscal year as part of a\nschedule of debt issuance that includes the date of issuance, term,\namount, interest rate and means of repayment. Additionally, the debt\nschedule shall also include all refinancings, calls, refundings,\ndefeasements and interest rate exchange or other such agreements, and\nfor any debt issued during the reporting year, the schedule shall also\ninclude a detailed list of costs of issuance for such debt; (5) a\ncompensation schedule in addition to the report described in section\ntwenty-eight hundred six of this title that shall include, by position,\ntitle and name of the person holding such position or title, the salary,\ncompensation, allowance and/or benefits provided to any officer,\ndirector or employee in a decision making or managerial position of such\nauthority whose salary is in excess of one hundred thousand dollars;\n(5-a) biographical information, not including confidential personal\ninformation, for all directors and officers and employees for whom\nsalary reporting is required under subparagraph five of this paragraph;\n(6) the projects undertaken by such authority during the past year; (7)\na listing and description, in addition to the report required by\nparagraph a of subdivision three of section twenty-eight hundred\nninety-six of this article of all real property of such authority having\nan estimated fair market value in excess of fifteen thousand dollars\nthat the authority acquires or disposes of during such period. The\nreport shall contain the price received or paid by the authority and the\nname of the purchaser or seller for all such property sold or bought by\nthe authority during such period; (8) such authority's code of ethics;\n(9) an assessment of the effectiveness of its internal control structure\nand procedures; (10) a copy of the legislation that forms the statutory\nbasis of the authority; (11) a description of the authority and its\nboard structure, including (i) names of committees and committee\nmembers, (ii) lists of board meetings and attendance, (iii) descriptions\nof major authority units, subsidiaries, (iv) number of employees, and\n(v) organizational chart; (12) its charter, if any, and by-laws; (13) a\nlisting of material changes in operations and programs during the\nreporting year; (14) at a minimum a four-year financial plan, including\n(i) a current and projected capital budget, and (ii) an operating budget\nreport, including an actual versus estimated budget, with an analysis\nand measurement of financial and operating performance; (15) its board\nperformance evaluations provided, however, that such evaluations shall\nnot be subject to disclosure under article six of the public officers\nlaw; (16) a description of the total amounts of assets, services or both\nassets and services bought or sold without competitive bidding,\nincluding (i) the nature of those assets and services, (ii) the names of\nthe counterparties, and (iii) where the contract price for assets\npurchased exceeds fair market value, or where the contract price for\nassets sold is less than fair market value, a detailed explanation of\nthe justification for making the purchase or sale without competitive\nbidding, and a certification by the chief executive officer and chief\nfinancial officer of the public authority that they have reviewed the\nterms of such purchase or sale and determined that it complies with\napplicable law and procurement guidelines; and (17) a description of any\nmaterial pending litigation in which the authority is involved as a\nparty during the reporting year, except that no provider of medical\nservices need disclose information about pending malpractice claims\nbeyond the existence of such claims.\n  (b) Each local authority shall make accessible to the public, via its\nofficial or shared internet web site, documentation pertaining to its\nmission, current activities, most recent annual financial reports,\ncurrent year budget and its most recent independent audit report unless\nsuch information is covered by subdivision two of section eighty-seven\nof the public officers law.\n  3. Every financial report submitted under this section shall be\napproved by the board and shall be certified in writing by the chief\nexecutive officer and the chief financial officer of such authority that\nbased on the officer's knowledge (a) the information provided therein is\naccurate, correct and does not contain any untrue statement of material\nfact; (b) does not omit any material fact which, if omitted, would cause\nthe financial statements to be misleading in light of the circumstances\nunder which such statements are made; and (c) fairly presents in all\nmaterial respects the financial condition and results of operations of\nthe authority as of, and for, the periods presented in the financial\nstatements.\n  4. The authorities budget office may, upon application of any\nauthority, waive any requirements of this section upon a showing that\nthe authority meets the criteria for such a waiver established by\nregulations of the authorities budget office. Such regulations shall\nprovide for consideration of: (a) the number of employees of the\nauthority; (b) the annual budget of the authority; (c) the ability of\nthe authority to prepare the required reports using existing staff; and\n(d) such other factors as the authorities budget office deems to reflect\nthe relevance of the required disclosures to evaluation of an\nauthority's effective operation, and the burden such disclosures place\non an authority. Each waiver granted pursuant to this subdivision shall\nbe disclosed in the reports of such office issued pursuant to section\nseven of this chapter.\n
N.Y. EDN Law § 241 — New York Code / Act EDN / Title 1 / Article 5 / Part 1-A / Section 241
Purposes of the Cody center
Status: in_force

§ 241. Purposes of the Cody center. The purposes of the Cody center\nshall be to:\n  1. Advance the standards of care for individuals with autism spectrum\ndisorders and other developmental disabilities.\n  2. Provide an educational setting for professionals working with\nfamilies of individuals with developmental disabilities.\n  3. Contribute significant research outcomes to the body of science\nsurrounding cause, identification, and treatment of developmental\ndisabilities.\n  4. Practice a multidisciplinary approach when serving people with\ndevelopmental disabilities.\n  5. Support and advance developed programs that form the core of\ncommunity services and education including the social skills program,\nthe resource center, the school consultation program, undergraduate and\ngraduate courses, the parent education program and case management.\n  (a) The social skills program at the Cody center:\n  (i) Curriculum is primarily geared toward children and adolescents\nwith pervasive developmental disorders.\n  (ii) The program uses a positive teaching approach, in a group format,\nto promote the development of pro-social behaviors.\n  (iii) Clinical psychologists and behavior specialists facilitate\ngroups.\n  (b) Resource center services: The Cody center occupies a facility in\nPort Jefferson Station designed to provide evaluation and continuing\ntreatment by a multidisciplinary staff including psychiatry, psychology,\nneurology, genetics, social work and other specialties. The Cody center\nprovides the following services:\n  (i) Community outreach.\n  (ii) Individualized information/support sessions with family members\nof newly diagnosed children.\n  (iii) Medicaid service coordination.\n  (iv) Non-medicaid service coordination.\n  (v) Sponsorship of parent and professional training seminars.\n  (c) School consultation services: Children with autism spectrum\ndisorders face a number of challenges in mainstream educational systems.\nOften, school district personnel do not have the special training\nrequired to make inclusion a rewarding and successful experience. The\nschool consultation program aims to support teachers and other school\npersonnel in their efforts to educate and work effectively with children\nwith autism spectrum disorders. The program provides:\n  (i) Proactive and ongoing technical assistance to school districts and\nprivate educational facilities throughout Long Island.\n  (ii) Consultation services by Cody center autism specialists with\nextensive experience and training in addressing the learning and\nbehavioral needs of children with autism spectrum disorders.\n  (d) Services include:\n  (i) Program planning and staff development.\n  (ii) Parent training.\n  (iii) Technical assistance to classroom teams to address the needs of\na particular child or children.\n
N.Y. DOM Law § 75-H — New York Code / Act DOM / Article 5-A / Title 1 / Section 75-H
Appearance and limited immunity
Status: in_force

§ 75-h. Appearance and limited immunity. 1. A party to a child custody\nproceeding, including a modification proceeding, or a petitioner or\nrespondent in a proceeding to enforce or register a child custody\ndetermination, is not subject to personal jurisdiction in this state for\nanother proceeding or purpose solely by reason of having participated,\nor of having been physically present for the purpose of participating,\nin the proceeding.\n  2. A person who is subject to personal jurisdiction in this state on a\nbasis other than physical presence is not immune from service of process\nin this state. A party present in this state who is subject to the\njurisdiction of another state is not immune from service of process\nallowable under the laws of that state.\n  3. The immunity granted by subdivision one of this section does not\nextend to civil litigation based on acts unrelated to the participation\nin a proceeding under this article committed by an individual while\npresent in this state.\n
N.Y. ELN Law § 14-116 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-116
Political contributions by certain organizations
Status: in_force

§ 14-116. Political contributions by certain organizations. 1. No\ncorporation, limited liability company, joint-stock association or other\ncorporate entity doing business in this state, except a corporation or\nassociation organized or maintained for political purposes only, shall\ndirectly or indirectly pay or use or offer, consent or agree to pay or\nuse any money or property for or in aid of any political party,\ncommittee or organization, or for, or in aid of, any corporation,\nlimited liability company, joint-stock, other association, or other\ncorporate entity organized or maintained for political purposes, or for,\nor in aid of, any candidate for political office or for nomination for\nsuch office, or for any political purpose whatever, or for the\nreimbursement or indemnification of any person for moneys or property so\nused. Any officer, director, stock-holder, member, owner, attorney or\nagent of any corporation, limited liability company, joint-stock\nassociation or other corporate entity which violates any of the\nprovisions of this section, who participates in, aids, abets or advises\nor consents to any such violations, and any person who solicits or\nknowingly receives any money or property in violation of this section,\nshall be guilty of a misdemeanor.\n  2. Notwithstanding the provisions of subdivision one of this section,\nany corporation or an organization financially supported in whole or in\npart, by such corporation, any limited liability company or other\ncorporate entity may make expenditures, including contributions, not\notherwise prohibited by law, for political purposes, in an amount not to\nexceed five thousand dollars in the aggregate in any calendar year;\nprovided that no public utility shall use revenues received from the\nrendition of public service within the state for contributions for\npolitical purposes unless such cost is charged to the shareholders of\nsuch a public service corporation.\n  3. Each limited liability company that makes an expenditure, or\ncontribution, for political purposes shall file with the state board of\nelections, by December thirty-first of the year in which the expenditure\nis made, on the form prescribed by the state board of elections, the\nidentity of all direct and indirect owners of the membership interests\nin the limited liability company and the proportion of each direct or\nindirect member's ownership interest in the limited liability company.\n
N.Y. PBA Law § 1020-X — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-X
Authority subject to open meetings law
Status: in_force

§ 1020-x. Authority subject to open meetings law. The authority shall\nbe subject to the provisions of article seven of the public officers law\nrelating to the open meetings law.\n
N.Y. PBA Law § 1011 — New York Code / Act PBA / Article 5 / Title 1 / Section 1011
Agreement of the state
Status: in_force

§ 1011. Agreement of the state. 1. The state of New York does hereby\npledge to and agree with the holders of any obligations issued under\nthis title, and with those parties who may enter into contracts with the\nauthority pursuant to the provisions in sub-paragraph five or six of\nsection one thousand five above, that the state will not limit or alter\nthe rights hereby vested in the authority until such obligations\ntogether with the interest thereon are fully met and discharged and/or\nsuch contracts are fully performed on the part of the authority,\nprovided that nothing herein contained shall preclude such limitation or\nalteration if and when adequate provision shall be made by law for the\nprotection of the holders of such obligations of the authority or those\nentering into such contracts with the authority. The authority as agent\nfor the state is authorized to include this pledge and undertaking for\nthe state in such obligations or contracts.\n  2. Nothing in this title shall be construed as diminishing or\nenlarging any valid existing rights under any license heretofore issued\npursuant to the provisions of the federal power act.\n
N.Y. ENV Law § 58-0101 — New York Code / Act ENV / Article 58 / Title 1 / Section 58-0101
Definitions
Status: in_force

§ 58-0101. Definitions.\n  As used in this article the following terms shall mean and include:\n  1. "Bonds" shall mean general obligation bonds issued pursuant to the\n"clean water, clean air, and green jobs environmental bond act of 2022 "\nin accordance with article VII of the New York state constitution and\narticle five of the state finance law.\n  2. "Cost" means the expense of an approved project, which shall\ninclude but not be limited to appraisal, surveying, planning,\nengineering and architectural services, plans and specifications,\nconsultant and legal services, site preparation, demolition,\nconstruction and other direct expenses incident to such project.\n  3. "Department" shall mean the department of environmental\nconservation.\n  4. "Disadvantaged communities" shall mean a community that is\nidentified pursuant to section 75-0111 of this chapter.\n  5. "Endangered or threatened species project" means a project to\nrestore, recover, or reintroduce an endangered, threatened, or species\nof special concern pursuant to a recovery plan or restoration plan\nprepared and adopted by the department, including but not limited to the\nstate's wildlife action plan.\n  6. "Flood risk reduction project" means projects that use nature-based\nsolutions where possible to reduce erosion or flooding, and projects\nwhich mitigate or adapt to flood conditions.\n  7. "Green buildings project" means (i) installing, upgrading, or\nmodifying a renewable energy source at a state-owned building or for the\npurpose of converting or connecting a state-owned building or a public\nschool building, or portion thereof, to a renewable energy source; (ii)\nreducing energy use or improving energy efficiency or occupant health at\na state-owned building or a public school building; (iii) installing a\ngreen roof at a state-owned building or a public school building; (iv)\ninstallation of renewable heating and cooling systems at a state-owned\nbuilding or a public school building; or (v) emission reduction\nprojects.\n  8. "Municipality" means a local public authority or public benefit\ncorporation, a county, city, town, village, school district, supervisory\ndistrict, district corporation, improvement district within a county,\ncity, town or village, or Indian nation or tribe recognized by the state\nor the United States with a reservation wholly or partly within the\nboundaries of New York state, or any combination thereof.\n  9. "Nature-based solution" means projects that are supported or\ninspired by nature or natural processes and functions and that may also\noffer environmental, economic, and social benefits, while increasing\nresilience. Nature-based solutions include both green and natural\ninfrastructure.\n  10. "Open space land conservation project" means purchase of fee title\nor conservation easements for the purpose of protecting lands or waters\nand/or providing recreational opportunities for the public that (i)\npossess ecological, habitat, recreational or scenic values; (ii) protect\nthe quality of a drinking water supply; (iii) provide flood control or\nflood mitigation values; (iv) constitute a floodplain; (v) provide or\nhave the potential to provide important habitat connectivity; (vi)\nprovide open space for the use and enjoyment of the public; or (vii)\nprovide community gardens in urban areas.\n  11. "Recreational infrastructure project" means the development or\nimprovement of state and municipal parks, campgrounds, nature centers,\nfish hatcheries, and infrastructure associated with open space land\nconservation projects.\n  12. "State assistance payment" means payment of the state share of the\ncost of projects authorized by this article to preserve, enhance,\nrestore and improve the quality of the state's environment.\n  13. "State entity" means any state department, division, agency,\noffice, public authority, or public benefit corporation.\n  14. "Water quality improvement project" for the purposes of this\ntitle, means projects designed to improve the quality of drinking and\nsurface waters.\n  15. "Wetland and stream restoration project" means activities designed\nto restore freshwater and tidal wetlands, and streams of the state, for\nthe purpose of enhancing habitat, increasing connectivity, improving\nwater quality, and flood risk reduction.\n
N.Y. VAT Law § 112 — New York Code / Act VAT / Title 1 / Article 1 / Section 112
Department
Status: in_force

§ 112. Department.  The department of motor vehicles of this state\nacting directly or through its duly authorized officers and agents.\n
N.Y. PBH Law § 2997-D — New York Code / Act PBH / Article 29-D / Title 1 / Section 2997-D
Hospital, nursing home, home care, special needs assisted living residences and enhanced assisted living residences palliative care support
Status: in_force

§ 2997-d. Hospital, nursing home, home care, special needs assisted\nliving residences and enhanced assisted living residences palliative\ncare support. 1. (a) "Palliative care" means health care treatment,\nincluding interdisciplinary end-of-life care, and consultation with\npatients and family members, to prevent or relieve pain and suffering\nand to enhance the patient's quality of life, including hospice care\nunder article forty of this chapter.\n  (b) "Appropriate" has the same meaning as paragraph (a) of subdivision\none of section twenty-nine hundred ninety-seven-c of this title.\n  2. General hospitals, nursing homes, organizations licensed or\ncertified pursuant to article thirty-six of this chapter, and\norganizations licensed as special needs assisted living residences or\nenhanced assisted living residences pursuant to article forty-six-B of\nthis chapter shall establish policies and procedures to provide patients\nwith advanced life limiting conditions and illnesses who might benefit\nfrom palliative care, including associated pain management, services\nwith access to information and counseling regarding such options\nappropriate to the patient. Policies must include provision for patients\nwho lack capacity to make medical decisions, so that access to such\ninformation and counseling shall be provided to the persons who are\nlegally authorized to make medical decisions on behalf of such patients.\n  3. General hospitals, nursing homes, organizations licensed or\ncertified pursuant to article thirty-six of this chapter, and\norganizations licensed as special needs assisted living residences or\nenhanced assisted living residences pursuant to article forty-six-B of\nthis chapter shall facilitate access to appropriate palliative care\nconsultations and services, including associated pain management\nconsultations and services, including but not limited to referrals\nconsistent with patient needs and preferences. The department shall take\ninto account access and proximity of palliative care services, including\nthe availability of hospice and palliative care board certified\npractitioners and other related workforce staff, geographic factors, and\nfacility size that may impact development of palliative care services.\n
N.Y. EDN Law § 917 — New York Code / Act EDN / Title 1 / Article 19 / Section 917
On-site cardiac automated external defibrillator
Status: in_force

§ 917. On-site cardiac automated external defibrillator.  1. School\ndistricts, boards of cooperative educational services, county vocational\neducation and extension boards and charter schools shall provide and\nmaintain on-site in each instructional school facility automated\nexternal defibrillator (AED) equipment, as defined in paragraph (a) of\nsubdivision one of section three thousand-b of the public health law, in\nquantities and types deemed by the commissioner in consultation with the\ncommissioner of health to be adequate to ensure ready and appropriate\naccess for use during emergencies. Such automated external\ndefibrillators shall be clearly marked, accessible, and maintained\nconsistent with guidelines set by the American Heart Association, or\nother nationally recognized guidelines focused on emergency\ncardiovascular care.\n  2. Whenever public school facilities pursuant to subdivision one of\nthis section are used for school sponsored or school approved curricular\nor extracurricular events or activities and whenever a school-sponsored\nathletic contest is held at any location, the public school officials\nand administrators responsible for such school facility or athletic\ncontest shall ensure the presence of at least one staff person who is\ntrained, pursuant to paragraph (a) of subdivision three of section three\nthousand-b of the public health law, in the operation and use of an AED.\nWhere a school-sponsored competitive athletic event is held at a site\nother than a public school facility, the public school officials shall\nassure that automated external defibrillator equipment is provided\non-site.\n  3. Public school facilities and staff pursuant to subdivisions one and\ntwo of this section shall be deemed a "public access defibrillation\nprovider" as defined in paragraph (b) of subdivision one of section\nthree thousand-b of the public health law and shall be subject to the\nrequirements and limitations of such section.\n  4. Pursuant to section three thousand-a and three thousand-b of the\npublic health law, any public access defibrillation provider, or any\nemployee or other agent of the provider who, in accordance with the\nprovisions of this section, voluntarily and without expectation of\nmonetary compensation renders emergency medical or first aid treatment\nusing an AED which has been made available pursuant to this section, to\na person who is unconscious, ill or injured, shall be liable only\npursuant to section three thousand-a of the public health law.\n
N.Y. PBH Law § 602 — New York Code / Act PBH / Article 6 / Title 1 / Section 602
Core public health services
Status: in_force

§ 602. Core public health services. 1. To be eligible for state aid, a\nmunicipality must provide the following core public health services:\n  (a) Family health, which shall include activities designed to reduce\nperinatal, infant and maternal mortality and morbidity and to promote\nthe health of infants, children, adolescents, and people of childbearing\nage. Such activities shall include family centered perinatal services\nand other services appropriate to promote the birth of a healthy baby to\na healthy mother, and services to assure that infants, young children,\nand school age children are enrolled in appropriate health insurance\nprograms and other health benefit programs for which they are eligible,\nand that the parents or guardians of such children are provided with\ninformation concerning health care providers in their area that are\nwilling and able to provide health services to such children. Provision\nof primary and preventive clinical health care services shall be\neligible for state aid for uninsured persons under the age of\ntwenty-one, provided that the municipality makes good faith efforts to\nassist such persons with insurance enrollment and only until such time\nas enrollment becomes effective. Provision of prenatal clinical health\ncare services shall be eligible for state aid for uninsured women of any\nage, provided that the municipality makes good faith efforts to assist\nsuch women with insurance enrollment and only until such time as\nenrollment becomes effective.\n  (b) Communicable disease control, which shall include activities to\ncontrol and mitigate the extent of infectious diseases. Such activities\nshall include, but not be limited to, surveillance and epidemiological\nprograms, programs to detect diseases in their early stages,\nimmunizations against infectious diseases, investigation of diseases and\nprevention of transmission, prevention and treatment of sexually\ntransmissible diseases, and arthropod vector-borne disease prevention.\n  (c) Chronic disease prevention, which shall include promoting public,\nhealth care provider and other community service provider activities\nthat encourage chronic disease prevention, early detection and quality\ncare delivery. Such activities include, but are not limited to, those\nthat promote healthy communities and reduce risk factors such as tobacco\nuse, poor nutrition and physical inactivity. Provision of clinical\nservices shall not be eligible for state aid, subject to such exceptions\nas the commissioner may deem appropriate.\n  (d) Community health assessment, as described in section six hundred\ntwo-a of this article.\n  (e) Environmental health, which shall include activities that promote\nhealth and prevent illness and injury by assuring that safe and sanitary\nconditions are maintained at public drinking water supplies, food\nservice establishments, and other regulated facilities; investigating\npublic health nuisances to assure abatement by responsible parties;\nprotecting the public from unnecessary exposure to radiation, chemicals,\nand other harmful contaminants; and conducting investigations of\nincidents that result in illness, injury or death in order to identify\nand mitigate the environmental causes to prevent additional morbidity\nand mortality.\n  (f) Public health emergency preparedness and response, including\nplanning, training, and maintaining readiness for public health\nemergencies.\n  2. The municipality must incorporate into each core public health\nservice the following general activities:\n  (a) ongoing assessment of community health needs;\n  (b) education on public health issues;\n  (c) development of policies and plans to address health needs; and\n  (d) actions to assure that services necessary to achieve agreed upon\ngoals are provided.\n  3. The commissioner may approve a state aid application in which the\nmunicipality actually provides fewer services than those set forth in\nsubdivision one of this section as long as the application identifies\nthe availability of other services, who will provide those services and\nthe manner in which the services will be provided and financed.\n  4. The commissioner shall consult with the county health\ncommissioners, public health directors, and boards of public health when\npromulgating rules and regulations to effectuate the provisions and\npurposes of this article. The commissioner shall not have the power to\nprescribe the number of persons to be employed by any municipality.\n
N.Y. EDN Law § 910 — New York Code / Act EDN / Title 1 / Article 19 / Section 910
Choice of method of treatment
Status: in_force

§ 910. Choice of method of treatment. Whenever affected by the\nrequirements of this article, the school employee so affected, and, in\nthe case of a child, the parent of, or person in parental relation to,\nsuch child, shall have the right to determine the form or manner of\ntreatment or remedial care to be prescribed or applied, but the\ntreatment or remedial care must be in accordance with and as allowed\nunder the provisions of article one hundred thirty-one of this chapter.\n
N.Y. ENV Law § 23-0102 — New York Code / Act ENV / Article 23 / Title 1 / Section 23-0102
Short title
Status: in_force

§ 23-0102. Short title.\n  This article shall be known and may be cited as the "oil, gas and\nsolution mining law".\n
N.Y. PBH Law § 272 — New York Code / Act PBH / Article 2-A / Title 1 / Section 272
Preferred drug program
Status: in_force

§ 272. Preferred drug program. 1. There is hereby established a\npreferred drug program to promote access to the most effective\nprescription drugs while reducing the cost of prescription drugs for\npersons in state public health plans.\n  2. When a prescriber prescribes a non-preferred drug, state public\nhealth plan reimbursement shall be denied unless prior authorization is\nobtained, unless no prior authorization is required under this article.\n  3. The commissioner shall establish performance standards for the\nprogram that, at a minimum, ensure that the preferred drug program and\nthe clinical drug review program provide sufficient technical support\nand timely responses to consumers, prescribers and pharmacists.\n  4. Notwithstanding any other provision of law to the contrary, no\npreferred drug program or prior authorization requirement for\nprescription drugs, except as created by this article, paragraph (a-1)\nor (a-2) of subdivision four of section three hundred sixty-five-a of\nthe social services law, paragraph (g) of subdivision two of section\nthree hundred sixty-five-a of the social services law, subdivision one\nof section two hundred forty-one of the elder law and shall apply to the\nstate public health plans.\n  5. The drug utilization review board shall consider and make\nrecommendations to the commissioner for the adoption of a preferred drug\nprogram. (a) In developing the preferred drug program, the board shall,\nwithout limitation: (i) identify therapeutic classes or drugs to be\nincluded in the preferred drug program; (ii) identify preferred drugs in\neach of the chosen therapeutic classes; (iii) evaluate the clinical\neffectiveness and safety of drugs considering the latest peer-reviewed\nresearch and may consider studies submitted to the federal food and drug\nadministration in connection with its drug approval system; (iv)\nconsider the potential impact on patient care and the potential fiscal\nimpact that may result from making such a therapeutic class subject to\nprior authorization; and (v) consider the potential impact of the\npreferred drug program on the health of special populations such as\nchildren, the elderly, the chronically ill, persons with HIV/AIDS and\npersons with mental health conditions.\n  (b) In developing the preferred drug program, the board may consider\npreferred drug programs or evidence based research operated or conducted\nby or for other state governments, the federal government, or\nmulti-state coalitions. Notwithstanding any inconsistent provision of\nsection one hundred twelve or article eleven of the state finance law or\nsection one hundred forty-two of the economic development law or any\nother law, the department may enter into contractual agreements with the\nOregon Health and Science University Drug Effectiveness Review Project\nto provide technical and clinical support to the board and the\ndepartment in researching and recommending drugs to be placed on the\npreferred drug list.\n  (c) The board shall from time to time review all therapeutic classes\nincluded in the preferred drug program, and may recommend that the\ncommissioner add or delete drugs or classes of drugs to or from the\npreferred drug program, subject to this subdivision.\n  (d) The board shall establish procedures to promptly review\nprescription drugs newly approved by the federal food and drug\nadministration.\n  6. The board shall recommend a procedure and criteria for the approval\nof non-preferred drugs as part of the prior authorization process. In\ndeveloping these criteria, the board shall include consideration of the\nfollowing:\n  (a) the preferred drug has been tried by the patient and has failed to\nproduce the desired health outcomes;\n  (b) the patient has tried the preferred drug and has experienced\nunacceptable side effects;\n  (c) the patient has been stabilized on a non-preferred drug and\ntransition to the preferred drug would be medically contraindicated; and\n  (d) other clinical indications for the use of the non-preferred drug,\nwhich shall include consideration of the medical needs of special\npopulations, including children, the elderly, the chronically ill,\npersons with mental health conditions, and persons affected by HIV/AIDS.\n  7. The commissioner shall provide thirty days public notice on the\ndepartment's website prior to any meeting of the board to develop\nrecommendations concerning the preferred drug program and any proposed\neliminations to the list of drugs reimbursable under subdivision four of\nsection three hundred sixty-five-a of the social services law. Such\nnotice regarding meetings of the board shall include a description of\nthe proposed therapeutic class to be reviewed, a listing of drug\nproducts in the therapeutic class, and the proposals to be considered by\nthe board. The board shall allow interested parties a reasonable\nopportunity to make an oral presentation to the board related to the\nprior authorization of the therapeutic class to be reviewed. The board\nshall consider any information provided by any interested party,\nincluding, but not limited to, prescribers, dispensers, patients,\nconsumers and manufacturers of the drug in developing their\nrecommendations.\n  8. The commissioner shall provide notice of any recommendations\ndeveloped by the board regarding the preferred drug program or\nelimination to the list of drugs reimbursable under subdivision four of\nsection three hundred sixty-five-a of the social services law, at least\nfive days before any final determination by the commissioner, by making\nsuch information available on the department's website. Such public\nnotice may include: a summary of the deliberations of the board; a\nsummary of the positions of those making public comments at meetings of\nthe board; the response of the board to those comments, if any; and the\nfindings and recommendations of the board.\n  9. Within ten days of a final determination regarding the preferred\ndrug program or elimination to the list of drugs reimbursable under\nsubdivision four of section three hundred sixty-five-a of the social\nservices law, the commissioner shall provide public notice on the\ndepartment's website of such determinations, including: the nature of\nthe determination; and analysis of the impact of the commissioner's\ndetermination on state public health plan populations and providers; and\nthe projected fiscal impact to the state public health plan programs of\nthe commissioner's determination.\n  10. The commissioner shall adopt a preferred drug program and\namendments after considering the recommendations from the board and any\ncomments received from prescribers, dispensers, patients, consumers and\nmanufacturers of the drug.\n  (a) The preferred drug list in any therapeutic class included in the\npreferred drug program shall be developed based initially on an\nevaluation of the clinical effectiveness, safety and patient outcomes,\nfollowed by consideration of the cost-effectiveness of the drugs.\n  (b) In each therapeutic class included in the preferred drug program,\nthe board shall determine whether there is one drug which is\nsignificantly more clinically effective and safe, and that drug shall be\nincluded on the preferred drug list without consideration of cost. If,\namong two or more drugs in a therapeutic class, the difference in\nclinical effectiveness and safety is not clinically significant, then\ncost effectiveness (including price and supplemental rebates) may also\nbe considered in determining which drug or drugs shall be included on\nthe preferred drug list.\n  (c) In addition to drugs selected under paragraph (b) of this\nsubdivision, any prescription drug in the therapeutic class, whose cost\nto the state public health plans (including net price and supplemental\nrebates) is equal to or less than the cost of another drug in the\ntherapeutic class that is on the preferred drug list under paragraph (b)\nof this subdivision, may be selected to be on the preferred drug list,\nbased on clinical effectiveness, safety and cost-effectiveness.\n  (d) Notwithstanding any provision of this section to the contrary, the\ncommissioner may designate therapeutic classes of drugs, including\nclasses with only one drug, as all preferred prior to any review that\nmay be conducted by the board pursuant to this section.\n  11. (a) The commissioner shall provide an opportunity for\npharmaceutical manufacturers to provide supplemental rebates to the\nstate public health plans for drugs within a therapeutic class; such\nsupplemental rebates shall be taken into consideration by the board and\nthe commissioner in determining the cost-effectiveness of drugs within a\ntherapeutic class under the state public health plans.\n  (b) The commissioner may designate a pharmaceutical manufacturer as\none with whom the commissioner is negotiating or has negotiated a\nmanufacturer agreement, and all of the drugs it manufactures or markets\nshall be included in the preferred drug program. The commissioner may\nnegotiate directly with a pharmaceutical manufacturer for rebates\nrelating to any or all of the drugs it manufactures or markets. A\nmanufacturer agreement shall designate any or all of the drugs\nmanufactured or marketed by the pharmaceutical manufacturer as being\npreferred or non preferred drugs. When a pharmaceutical manufacturer has\nbeen designated by the commissioner under this paragraph but the\ncommissioner has not reached a manufacturer agreement with the\npharmaceutical manufacturer, then the commissioner may designate some or\nall of the drugs manufactured or marketed by the pharmaceutical\nmanufacturer as non preferred drugs. However, notwithstanding this\nparagraph, any drug that is selected to be on the preferred drug list\nunder paragraph (b) of subdivision ten of this section on grounds that\nit is significantly more clinically effective and safer than other drugs\nin its therapeutic class shall be a preferred drug.\n  (c) Supplemental rebates under this subdivision shall be in addition\nto those required by applicable federal law and subdivision seven of\nsection three hundred sixty-seven-a of the social services law. In order\nto be considered in connection with the preferred drug program, such\nsupplemental rebates shall apply to the drug products dispensed under\nthe Medicaid program and the EPIC program. The commissioner is\nprohibited from approving alternative rebate demonstrations, value added\nprograms or guaranteed savings from other program benefits as a\nsubstitution for supplemental rebates.\n  13. The commissioner may implement all or a portion of the preferred\ndrug program through contracts with administrators with expertise in\nmanagement of pharmacy services, subject to applicable laws.\n  14. For a period of eighteen months, commencing with the date of\nenactment of this article, and without regard to the preferred drug\nprogram or the clinical drug review program requirements of this\narticle, the commissioner is authorized to implement, or continue, a\nprior authorization requirement for a drug which may not be dispensed\nwithout a prescription as required by section sixty-eight hundred ten of\nthe education law, for which there is a non-prescription version within\nthe same drug class, or for which there is a comparable non-prescription\nversion of the same drug. Any such prior authorization requirement shall\nbe implemented in a manner that is consistent with the process employed\nby the commissioner for such authorizations as of one day prior to the\ndate of enactment of this article. At the conclusion of the eighteen\nmonth period, any such drug or drug class shall be subject to the\npreferred drug program requirements of this article; provided, however,\nthat the commissioner is authorized to immediately subject any such drug\nto prior authorization without regard to the provisions of subdivisions\nfive through eleven of this section.\n
N.Y. SOS Law § 133 — New York Code / Act SOS / Article 5 / Title 1 / Section 133
Temporary preinvestigation emergency needs assistance or care
Status: in_force

§ 133. Temporary preinvestigation emergency needs assistance or care.\nUpon application for public assistance or care under this chapter, the\nlocal social services district shall notify the applicant in writing of\nthe availability of a monetary grant adequate to meet emergency needs\nassistance or care and shall, at such time, determine whether such\nperson is in immediate need. If it shall appear that a person is in\nimmediate need, emergency needs assistance or care shall be granted\npending completion of an investigation. The written notification\nrequired by this section shall inform such person of a right to an\nexpedited hearing when emergency needs assistance or care is denied. A\npublic assistance applicant who has been denied emergency needs\nassistance or care must be given reason for such denial in a written\ndetermination which sets forth the basis for such denial. Nothing in\nthis section shall be construed to require the social services district\nor any state agency to provide medical assistance, except as otherwise\nrequired by title eleven of this article.\n
N.Y. EDN Law § 1131 — New York Code / Act EDN / Title 1 / Article 23-B / Section 1131
Actions upon criminal conviction of a licensed or certified school employee
Status: in_force

§ 1131. Actions upon criminal conviction of a licensed or certified\nschool employee.  1. In the event that a licensed or certified school\nemployee against whom an allegation of child abuse in an educational\nsetting has been made, is convicted of any crime involving child abuse\nin an educational setting, the district attorney shall provide notice\nthereof to the commissioner and the superintendent of schools of the\ndistrict or, in a school other than a school district or public school,\nthe school administrator where the acts of child abuse occurred and to\nthe school where the child is attending, if different.\n  2. Upon receiving notice of a conviction from a district attorney\npursuant to subdivision one of this section, the commissioner shall,\nwithout delay, proceed to determine whether the individual possesses\ngood moral character, in accordance with the regulations of the\ncommissioner governing such a determination.\n  3. Nothing in this article shall be construed as creating any\nauthority to take an adverse action against an employee or volunteer by\nvirtue of a report pursuant to this article which has not been\nsubstantiated.\n  4. An employee or volunteer who has adverse action taken against him\nor her by virtue of or in connection with any report made pursuant to\nthis article shall be entitled to receive a copy of such report and\nrespond to the allegations of child abuse made therein. Any employee or\nvolunteer shall, in addition, be entitled to seek disclosure of such\nreport pursuant to article six of the public officers law.\n
N.Y. ENV Law § 37-0121 — New York Code / Act ENV / Article 37 / Title 1 / Section 37-0121
Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions
Status: in_force

§ 37-0121. Prohibition against the use of perfluoroalkyl and\npolyfluoroalkyl substances in apparel and outdoor apparel for severe wet\nconditions.\n  1. After January first, two thousand twenty-five, no person shall sell\nor offer for sale in this state any new, not previously used, apparel\ncontaining perfluoroalkyl and polyfluoroalkyl substances as\nintentionally added chemicals.\n  2. In addition to the provisions of subdivision one of this section,\none year after the department's adoption of the regulations required by\nthis subdivision, but no later than January first, two thousand\ntwenty-seven, no person shall sell or offer for sale in this state any\nnew, not previously used, apparel containing perfluoroalkyl and\npolyfluoroalkyl substances at or above a level that the department shall\nestablish in regulation.\n  3. On or after January first, two thousand twenty-eight, no person\nshall sell or offer for sale in this state any new, not previously used,\noutdoor apparel for severe wet conditions containing perfluoroalkyl and\npolyfluoroalkyl substances: (a) at or above a level that the department\nshall establish in regulation, or (b) as intentionally added chemicals.\n  4. For the purposes of this section, the following terms shall have\nthe following meanings:\n  (a) "Intentionally added chemical" means a chemical in a product that\nserves an intended function or technical effect in the product or\nproduct component, including the PFAS within intentionally added\nchemicals and PFAS that are intentional breakdown products of an added\nchemical that also have a functional or technical effect in the product\nor product component.\n  (b) "Apparel" means clothing items intended for regular wear or formal\noccasions including, but not limited to, undergarments, shirts, pants,\nskirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris,\nscarves, tops, leggings, leisurewear, formal wear, outdoor apparel,\nonesies, bibs, and diapers. "Apparel" shall not include:\n  (i) professional uniforms that are worn to protect the wearer from\nhealth or environmental hazards, including personal protective\nequipment; or\n  (ii) outdoor apparel for severe wet conditions.\n  (c) "Outdoor apparel" means clothing items intended primarily for\noutdoor activities, including but not limited to, hiking, camping,\nskiing, climbing, bicycling, and fishing.\n  (d) "Outdoor apparel for severe wet conditions" means outdoor apparel\nthat are extreme and extended use products designed for outdoor sports\nexperts for applications that provide protection against extended\nexposure to extreme rain conditions or against extended immersion in\nwater or wet conditions, such as from snow, in order to protect the\nhealth and safety of the user and that are not marketed for general\nconsumer use.\n  (e) "Manufacturer" means a person, firm, association, partnership, or\ncorporation:\n  (i) that produces or whose brand name is affixed to apparel or outdoor\napparel for severe wet conditions; or\n  (ii) in the case of apparel or outdoor apparel for severe wet\nconditions that was imported into the United States, "manufacturer"\nmeans the importer or first domestic distributor of the apparel or\noutdoor apparel for severe wet conditions if no person who is a\nmanufacturer within the meaning of subparagraph (i) of this paragraph\nhas a presence in the United States.\n  5. No person that sells or offers for sale any apparel or outdoor\napparel for severe wet conditions shall be held in violation of this\nsection if they can show that they relied in good faith on the written\nassurance of the manufacturer that such apparel or outdoor apparel for\nsevere wet conditions meets the requirements of this section. Such\nwritten assurance shall take the form of a certificate of compliance\nstating that such apparel or outdoor apparel for severe wet conditions\nis in compliance with the requirements of this section. The certificate\nof compliance shall be signed by an authorized official of the\nmanufacturer.\n  6. In addition to any other applicable penalties, it shall be a\nviolation of this section to provide a certificate of compliance as\ncontemplated by subdivision five of this section when the applicable\napparel or outdoor apparel for severe wet conditions does not satisfy\nthe limitations on the presence of perfluoroalkyl and polyfluoroalkyl\nsubstances set forth in subdivisions one, two and three of this section.\n
N.Y. EXC Law § 604 — New York Code / Act EXC / Article 21-B / Title 1 / Section 604
Powers of the department
Status: in_force

§ 604. Powers of the department. The department shall have the\nfollowing powers and duties with respect to manufactured housing:\n  1. To create and maintain a registry accessible to the public which\nshall include, but not be limited to the following information:\n  (a) a listing of certified manufacturers, retailers, installers and\nmechanics of manufactured homes; and\n  (b) records of all violations issued, disciplinary action taken and\npenalties paid and levied pursuant to this article;\n  2. To retain records and all application materials submitted to it;\n  3. To receive complaints, conduct investigations and establish\nprocedures for the resolution of disputes relating to the construction,\ninstallation, or servicing of manufactured homes and to resolve such\ncomplaints and disputes pursuant to section six hundred five of this\narticle;\n  4. To establish administrative procedures for processing applications\nfor certification of persons and business entities required to be\ncertified pursuant to this article; to receive such applications; to\napprove or disapprove applications for certifications; and to issue\ncertificates;\n  5. To promulgate rules and regulations relating to the provisions of\nthis article;\n  6. To conduct adjudicatory hearings, pursuant to the state\nadministrative procedure act to resolve violations of this article and\nthe rules and regulations promulgated thereunder;\n  7. To suspend and revoke certificates, and impose such other penalties\nas may be authorized pursuant to this article. The department may revoke\nor suspend the certification of a person or business entity certified\npursuant to this article for a substantial violation of this article, or\nfor a material misstatement in the application for such certification,\nor if such person or business entity is guilty of fraud or fraudulent\npractices, or of dishonest or misleading advertising, or has\ndemonstrated untrustworthiness or incompetency to conduct the certified\nactivity or fails to comply with a decision issued pursuant to section\nsix hundred five of this article;\n  8. To seek injunctive relief in the supreme court in the county where\nthe complainant resides;\n  9. To promulgate rules and regulations establishing the standards for\ncertification of manufacturers, retailers, installers and mechanics\npursuant to this article. In establishing such standards, the department\nshall provide for minimum requirements of experience and education as\nmay be necessary to protect the public interest. Such standards shall\nalso include a requirement for initial training of installers and\nmechanics seeking certification by the department. In establishing\nstandards, the department shall recognize certifications or licenses\nobtained in other states without requiring additional initial\neducational testing, provided that the requirements for certification or\nlicensing in such other states are comparable to the requirements for\ncertification in the state of New York and provided further, that the\nindividual or entity seeking certification otherwise meets the\nqualifications for certification in the state of New York;\n  10. To promulgate rules and regulations to require bonding, minimum\ncapital requirements or other reasonable methods to ensure that\nmanufacturers, retailers, installers and mechanics are financially\nresponsible to fully comply with this article and have the financial\nresources to meet their warranty, contractual and other obligations. In\nconnection therewith, the department may require the posting of surety\nbonds to ensure the satisfactory completion of the installation or\nservice; and\n  11. a. To promulgate rules and regulations regarding the development\nand approval of courses and seminars required for original certification\nand to establish requirements for continuing education for persons\ncertified pursuant to this article. Such regulations shall at a minimum\nrequire that certified installers and mechanics attend courses and\nseminars relating to the proper methods of installation and servicing\nmanufactured homes not less than once every three years.\n  b. Instructional services for courses leading to original\ncertification or qualifying for continuing education may be provided\neither by the department, a private trade association or other entity\nwhich has been approved as an instructional provider by the department\nand has paid the appropriate fee prescribed by rules and regulations\npromulgated under this section. Approved instructional providers shall\nbe permitted to charge a fee for such services, not to exceed the\nmaximum amount prescribed by the rules and regulations. Persons electing\nto have the continuing education instructional services provided by the\ndepartment, shall pay for such services in accordance with fee schedules\nestablished by the department.\n  c. Fees charged by the department for approving or providing\ninstructional services shall be deposited in the department account\nestablished pursuant to section six hundred eight of this article.\n  12. To create and maintain a consumer awareness pamphlet, in\nconjunction with the advisory council, to include, but not be limited\nto, detailing the certification process, installer selection rights, the\ndispute resolution process, the differences between the types of\nhousing, and other consumer protection issues. Such pamphlet shall be\navailable to the public, and published on the department's website.\n
N.Y. VAT Law § 145-A — New York Code / Act VAT / Title 1 / Article 1 / Section 145-A
State expressway routes
Status: in_force

§ 145-a. State expressway routes.  Those highways specified and\ndescribed as such pursuant to section three hundred forty-c of the\nhighway law.\n
N.Y. PEN Law § 490.05 — New York Code / Act PEN / Part 4 / Title Y-1 / Article 490 / Section 490.05
Definitions
Status: in_force

§ 490.05 Definitions.\n  As used in this article, the following terms shall mean and include:\n  1. "Act of terrorism":\n  (a) for purposes of this article means an act or acts constituting a\nspecified offense as defined in subdivision three of this section for\nwhich a person may be convicted in the criminal courts of this state\npursuant to article twenty of the criminal procedure law, or an act or\nacts constituting an offense in any other jurisdiction within or outside\nthe territorial boundaries of the United States which contains all of\nthe essential elements of a specified offense, that is intended to:\n  (i) intimidate or coerce a civilian population;\n  (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n  (iii) affect the conduct of a unit of government by murder,\nassassination or kidnapping; or\n  (b) for purposes of subparagraph (xiii) of paragraph (a) of\nsubdivision one of section 125.27 of this chapter means activities that\ninvolve a violent act or acts dangerous to human life that are in\nviolation of the criminal laws of this state and are intended to:\n  (i) intimidate or coerce a civilian population;\n  (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n  (iii) affect the conduct of a unit of government by murder,\nassassination or kidnapping.\n  2. "Material support or resources" means currency or other financial\nsecurities, financial services, lodging, training, safehouses, false\ndocumentation or identification, communications equipment, facilities,\nweapons, lethal substances, explosives, personnel, transportation, and\nother physical assets, except medicine or religious materials.\n  3. (a) "Specified offense" for purposes of this article means a class\nA felony offense other than an offense as defined in article two hundred\ntwenty, a violent felony offense as defined in section 70.02,\nmanslaughter in the second degree as defined in section 125.15, criminal\ntampering in the first degree as defined in section 145.20, identity\ntheft in the second degree as defined in section 190.79, identity theft\nin the first degree as defined in section 190.80, unlawful possession of\npersonal identification information in the second degree as defined in\nsection 190.82, unlawful possession of personal identification\ninformation in the first degree as defined in section 190.83, money\nlaundering in support of terrorism in the fourth degree as defined in\nsection 470.21, money laundering in support of terrorism in the third\ndegree as defined in section 470.22, money laundering in support of\nterrorism in the second degree as defined in section 470.23, money\nlaundering in support of terrorism in the first degree as defined in\nsection 470.24 of this chapter, and includes an attempt or conspiracy to\ncommit any such offense.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a specified offense shall not mean an offense defined in\nsections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this\narticle, nor shall a specified offense mean an attempt to commit any\nsuch offense.\n  4. "Renders criminal assistance" for purposes of sections 490.30 and\n490.35 of this article shall have the same meaning as in section 205.50\nof this chapter.\n  5. "Biological agent" means any micro-organism, virus, infectious\nsubstance, or biological product that may be engineered as a result of\nbiotechnology, or any naturally occurring or bioengineered component of\nany such micro-organism, virus, infectious substance, or biological\nproduct, capable of causing:\n  (a) death, disease, or other biological malfunction in a human, an\nanimal, a plant, or another living organism;\n  (b) deterioration of food, water, equipment, supplies, or material of\nany kind; or\n  (c) deleterious alteration of the environment.\n  6. "Toxin" means the toxic material of plants, animals,\nmicro-organisms, viruses, fungi, or infectious substances, or a\nrecombinant molecule, whatever its origin or method of production,\nincluding:\n  (a) any poisonous substance or biological product that may be\nengineered as a result of biotechnology produced by a living organism;\nor\n  (b) any poisonous isomer or biological product, homolog, or derivative\nof such a substance.\n  7. "Delivery system" means:\n  (a) any apparatus, equipment, device, or means of delivery\nspecifically designed to deliver or disseminate a biological agent,\ntoxin, or vector; or\n  (b) any vector.\n  8. "Vector" means a living organism, or molecule, including a\nrecombinant molecule, or biological product that may be engineered as a\nresult of biotechnology, capable of carrying a biological agent or toxin\nto a host.\n  9. "Biological weapon" means any biological agent, toxin, vector, or\ndelivery system or combination thereof.\n  10. "Chemical weapon" means the following, together or separately:\n  (a) a toxic chemical or its precursors;\n  (b) a munition or device specifically designed to cause death or other\nharm through the toxic properties of a toxic chemical or its precursors,\nwhich would be released as a result of the employment of such munition\nor device;\n  (c) any equipment specifically designed for use directly in connection\nwith the employment of munitions or devices; or\n  (d) any device that is designed to release radiation or radioactivity\nat a level dangerous to human life.\n  11. "Precursor" means any chemical reactant that takes part at any\nstage in the production by whatever method of a toxic chemical,\nincluding any key component of a binary or multicomponent chemical\nsystem, and includes precursors which have been identified for\napplication of verification measures under article VI of the convention\nin schedules contained in the annex on chemicals of the chemical weapons\nconvention.\n  12. "Key component of a binary or multicomponent chemical system"\nmeans the precursor which plays the most important role in determining\nthe toxic properties of the final product and reacts rapidly with other\nchemicals in the binary or multicomponent system.\n  13. "Toxic chemical" means any chemical which through its chemical\naction on life processes can cause death, serious physical injury or\npermanent harm to humans or animals, including all such chemicals,\nregardless of their origin or of their method of production, and\nregardless of whether they are produced in facilities, in munitions or\nelsewhere, and includes toxic chemicals which have been identified by\nthe commissioner of health and included on the list of toxic chemicals\npursuant to subdivision twenty of section two hundred six of the public\nhealth law.\n  14. The terms "biological agent", "toxin", and "toxic chemical" do not\ninclude any biological agent, toxin or toxic chemical that is in its\nnaturally occurring environment, if the biological agent, toxin or toxic\nchemical has not been cultivated, collected, or otherwise extracted from\nits natural source.\n  15. "Select chemical agent" shall mean a chemical weapon which has\nbeen identified in regulations promulgated pursuant to subdivision\ntwenty of section two hundred six of the public health law.\n  16. "Select biological agent" shall mean a biological weapon which has\nbeen identified in regulations promulgated pursuant to subdivision\ntwenty-one of section two hundred six of the public health law.\n  17. "Chemical weapons convention" and "convention" mean the convention\non the prohibition of the development, production, stockpiling and use\nof chemical weapons and on their destruction, opened for signature on\nJanuary thirteenth, nineteen hundred ninety-three.\n
N.Y. EDN Law § 354 — New York Code / Act EDN / Title 1 / Article 8 / Section 354
Powers and duties of state university trustees-planning functions
Status: in_force

§ 354. Powers and duties of state university trustees-planning\nfunctions. 1. The state university trustees shall, once every four\nyears, formulate a long-range state university plan or general revision\nthereof and make recommendations to the board of regents and the\ngovernor for the organization, development, coordination and expansion\nof the state university and for the establishment of community colleges\nin areas suitable for and in need of such institutions, which plan and\nrecommendations shall include the following:\n  a. plans for new curricula;\n  b. plans for new facilities;\n  c. plans for change in policies with respect to student admissions;\n  d. projected student enrollments; and\n  e. comments upon its relationship to other colleges and universities,\npublic, independent and proprietary, within the state.\n  f. For informational purposes only, projection standards and overall\nexpenditure projections of capital and operating costs. Prior to\ntransmitting their long-range state university plan or general revision\nthereof to the board of regents and the governor the state university\ntrustees may, after giving due notice, conduct one or more hearings on\nsuch plan.\n  1-a. The state university trustees shall organize or cause to be\norganized at a university or college of the state university an annual\nconference on the role of the universities, colleges and other\nfacilities on the local economies, social conditions and quality of life\nof host cities, towns and villages. Such conference shall rotate amongst\nthe individual universities and colleges and shall include but not be\nlimited to:\n  a. a review of significant partnering between universities, colleges\nand other institutions of the state university with their host\ncommunities;\n  b. presentations utilizing the expertise of the state university on\ntypes of projects, programs and administrative actions that could\nsupport the state university's mission stated in subdivision e-1 of\nsection three hundred fifty-one of this article; and\n  c. roundtable discussions between state university trustees, officers\nand faculty with county, city, town and local officials, business and\ncivic leaders relating to the purposes of the annual conference.\n  Each sponsoring university or college shall prepare and distribute a\nreport on the annual conference.\n  2. During the calendar year nineteen hundred sixty-four and each\nfourth year thereafter the state university trustees shall transmit\ntheir proposed plan or general revision thereof to the board of regents\nand the governor on or before the first day of June in each such year.\nSuch plan shall be reviewed by the board of regents and shall be subject\nto approval by such board. As approved by the board of regents and\nincorporated into the regents plan or general revision thereof for the\ndevelopment of higher education in the state and, upon approval\nthereafter by the governor, such plan shall guide and determine the\ndevelopment of the state university and its community colleges until\nsuch plan is modified or revised in the manner provided herein.\n  3. By the first day of June in nineteen hundred seventy-four and every\nfourth year thereafter, the state university trustees shall report in\nwriting to the board of regents, to the governor and to the legislature\non the progress made in carrying out their responsibilities under such\nplan and their general recommendations with respect to public higher\neducation, including recommendations as to modifications of such plan\nwhich the trustees deem essential to meet the then current demands upon\npublic higher education. The state university trustees may also at any\nother time propose modifications which they then deem essential or\ndesirable with respect to such plan. They may, after giving due notice,\nconduct one or more hearings on such modifications and shall transmit\ntheir recommendations therefor to the board of regents and the governor.\nSuch modifications shall be subject to approval by the regents and\nthereafter by the governor in the same manner as such plan or general\nrevisions thereof.\n
N.Y. EDN Law § 220 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 220
Distribution of assets
Status: in_force

§ 220. Distribution of assets.  1. Whenever the regents have revoked\nthe charter of any educational corporation or dissolved such corporation\npursuant to section two hundred nineteen of this chapter or whenever a\nprovisional charter has expired, if the corporation has assets the board\nof trustees shall, within three months after such revocation,\ndissolution or expiration, petition the supreme court in the judicial\ndistrict where the principal office of the corporation is or was located\nfor an order directing the disposition of any and all property belonging\nto the corporation.  Such petition shall be duly verified and shall set\nforth a complete statement of all the assets, together with their\nlocation and an estimate of their value, and also a statement of the\nascertainable debts of the corporation.\n  2. Such petition shall be accompanied by proof that notice of the time\nand place of such intended application to said court has been duly\npublished once in each week for at least four weeks successively, next\npreceding such application, in a newspaper circulated in the county\nwhere such corporation is located.\n  3. A copy of such petition shall be served upon the regents and the\nattorney general not less than ten days prior to such application.\n  4. The court shall direct the sale of sufficient designated assets to\npay any outstanding debts and the cost of dissolution.  The regents and\nthe board of trustees may present to the court their recommendation as\nto the disposition of the remaining property of the corporation if there\nbe library books, objects of art or of historical significance, as far\nas possible they shall not be sold but shall be transferred to\nlibraries, museums or educational institutions willing to accept them.\nIf a charter contains a provision indicating a proposed disposition of\nthe assets in case of dissolution, such provision shall be followed by\nthe court in its order as far as practicable.  If there be any surplus\nmoneys after payment of debts and the expenses of liquidation, the court\nmay direct that the same be devoted and applied to any such educational,\nreligious, benevolent, charitable or other objects or purposes as the\nsaid trustees may indicate by their petition and the said court may\napprove.\n  5. Upon the revocation of the charter of an educational corporation or\nits dissolution, the trustees of such corporation shall be empowered to\ncontinue in office for the purpose of settlement of the affairs of the\ncorporation.\n
N.Y. EDN Law § 533 — New York Code / Act EDN / Title 1 / Article 11 / Section 533
Non-contributory retirement plan
Status: in_force

§ 533. Non-contributory retirement plan.  a. Any other provision of\nlaw to the contrary notwithstanding, no further contributions to the\nretirement system, as provided in sections five hundred eleven-a or five\nhundred sixteen of this article, shall be required of any member.\n  b. Contributions shall be made to the pension accumulation fund, as\nprovided in section five hundred seventeen of this article, at a rate\ncomputed by the actuary and approved by the retirement board, which\nshall be computed to be sufficient to provide the benefits established\nby this section.\n  c. Nothing contained in this section shall impair the right of any\nmember to make contributions pursuant to sections five hundred eleven-a\nand five hundred sixteen of this article. Any member may elect to\ncontribute pursuant to sections five hundred eleven-a and five hundred\nsixteen of this article, by written notice duly acknowledged and filed\nwith the retirement board on or before June thirtieth, nineteen hundred\nsixty-nine or within one year after he last became a member, whichever\nis later. Where a member makes an election to contribute, as provided\nherein, he shall contribute to the retirement system as otherwise\nprovided in this article. One year or more after the filing of the\nnotice of the election to contribute, the member may withdraw such\nelection and elect not to contribute.\n  d. 1. On and after July first, nineteen hundred sixty-eight a member\nshall be eligible for service retirement when he meets the conditions\nset forth in sections five hundred ten or five hundred eleven-a of this\narticle, by the filing of a statement with the retirement board as\nrequired by subdivision one of section five hundred ten of this article.\nFor the purposes of this section, all members shall be deemed to have\nmade the election for special service retirement under section five\nhundred eleven-a of this article.\n  2. A member who retires on or after July first, nineteen hundred\nsixty-eight, under the provisions of this section, shall receive a\nservice retirement pension which shall be in lieu of the service\nretirement pension and the pension-for-increased-take-home-pay otherwise\nauthorized under this article, subject to any adjustments made pursuant\nto subdivision g of this section. Such pension, for the period of\ncredited state service rendered prior to July first, nineteen hundred\nfifty-nine, and for all credited out-of-state service, shall be computed\nas provided in section five hundred ten of this article.  Such pension,\nfor the period of credited state service rendered on and after July\nfirst, nineteen hundred fifty-nine, shall be one-fiftieth of final\naverage salary for each year of such service rendered during the first\ntwenty-five years of the member's total service, plus one-sixtieth of\nfinal average salary for each year of such service rendered during that\nportion of the member's total service which is in excess of twenty-five\nyears but not in excess of thirty-five years, plus one-seventieth of\nfinal average salary for each year of such service rendered during that\nportion of the member's total state service which is in excess of\nthirty-five years.\n  3. In addition to the retirement allowance provided in paragraph two\nof this subdivision, a member who has at least twenty years of credited\nstate service and retires during the month of July, nineteen hundred\nsixty-eight, shall receive an added pension allowance equal to sixteen\nper cent of the pension otherwise provided in this article. For persons\nretiring subsequent to July, nineteen hundred sixty-eight, the added\npension authorized hereunder shall be reduced at the rate of one-sixth\nof one per cent for each month thereafter.\n  4. The additional pension provided under this section shall not be\nincluded in computing any pension reserve payable pursuant to the\nprovisions of paragraph three of subdivision b of section five hundred\ntwelve of this article.\n  e. In addition to the pension hereinabove provided, a member shall\nreceive an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, in accordance\nwith section five hundred sixteen of this article.\n  f. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this article be entitled\nto a greater benefit, in which event the greater benefit shall be\npayable.\n  g. If at the time of retirement any portion of the employer's\ncontribution has been committed by election of the member toward\npurchase of a variable annuity, the retirement board shall deduct from\nthe member's pension allowance as otherwise computed under this section,\nan amount equal to the actuarial equivalent of the amounts so committed,\nplus regular and additional interest thereon to the date of retirement.\n
N.Y. PBH Law § 409-A — New York Code / Act PBH / Article 4 / Title 1 / Section 409-A
Department of health New York city veterans home income fund
Status: in_force

§ 409-a. Department of health New York city veterans home income fund.\n1. There is established in the custody of the comptroller a special\naccount, to be known as the "department of health New York city veterans\nhome income fund", which shall be referred to in this section as "the\nfund".\n  2. (a) The commissioner shall, after the first day of July, nineteen\nhundred ninety-one, pay over moneys received by the department for the\ncare, maintenance and treatment of patients at the New York state home\nfor veterans in the city of New York, together with moneys received from\nfees, including parking fees, refunds, reimbursements, sales of property\nand miscellaneous receipts of such home other than gifts, grants,\nbequests and moneys received under research contracts to the comptroller\nto be deposited by the comptroller in the fund. Such moneys shall be\nkept separate and shall not be commingled with any other moneys in the\nhands of the comptroller. All deposits of such money shall, if required\nby the comptroller, be secured by obligations of the United States or of\nthe state of market value equal at all times to the amount of the\ndeposit and all banks and trust companies are authorized to give such\nsecurities for such deposits.\n  (b) Subject to the terms of any agreement between the department and\nthe dormitory authority, any such moneys in the fund not required for\nimmediate use, may, in the discretion of the comptroller, be invested by\nthe comptroller in obligations of the United States or the state or\nobligations the principal and interest of which are guaranteed by the\nUnited States or the state.\n  (c) The comptroller shall at all times maintain on deposit in the fund\nthe aggregate amount of money needed by the department during the next\nsucceeding six calendar months to comply in full with all obligations of\nthe department under the terms of any lease, sublease or agreement of\nthe department with the dormitory authority relating to the New York\nstate home for veterans in the city of New York which is then in effect,\nincluding without limitation by the specification thereof, (i) the\namount needed to make rental or other payments thereunder during such\nsemiannual period and (ii) the amount needed to establish and maintain\nreserves thereunder during such period.\n  (d) The comptroller shall from time to time but in no event later than\nthe last day of March, June, September and December of each year pay\nover and deposit in the special revenue funds - other, miscellaneous\nspecial revenue fund - 339, New York city veterans' home account, all\nmoneys in the fund in excess of the aggregate amount of money required\nto be maintained in the department of health New York City veterans home\nincome fund pursuant to paragraph (c) of this subdivision.  Prior to\nmaking any such transfer, the comptroller shall make and deliver to the\ndirector of the budget and to the dormitory authority a certificate\nstating the aggregate amount to be maintained on deposit in the fund to\ncomply in full with the provision of paragraph (c) of this subdivision.\nWhen further directed by the commissioner, the comptroller shall\ntransfer revenues and/or appropriations between and among this account\nand the special revenue funds - other, miscellaneous special revenue\nfund - 339, Roswell Park cancer institute account, Helen Hayes hospital\naccount, New York state home for veterans and their dependents at Oxford\naccount, western New York veteran's home account and New York state home\nfor veterans in the lower-Hudson Valley account.  For purposes of\ntransferring appropriations it is intended that the following accounts\nbe understood to be part of the same program and same fund for purposes\nof section fifty-one of the state finance law, thereby authorizing\nunlimited interchangeability of appropriated amounts between the\nfollowing accounts in the special revenue funds - other, miscellaneous\nspecial revenue fund - 339: Roswell Park Cancer Institute Account, Helen\nHayes Hospital Account, New York State Home for Veterans and Their\nDependents at Oxford Account, Western New York Veterans' Home Account,\nNew York State Home for Veterans in the lower-Hudson Valley Account, and\nNew York City Veterans' Home Account.  The comptroller shall, as\ndetermined by the commissioner and consistent with any repayment\nagreement entered into between the director of the budget and the\ncommissioner, transfer funds from the New York city veteran's home\naccount to the department of health services account to repay all or\npart of any outstanding liabilities in the health services account\nattributed to the New York city veterans' home.\n  3. To secure the payment of any money due or to become due in any year\nunder any lease, sublease or agreement entered into between the\ndepartment and the dormitory authority relating to the New York state\nhome for veterans in the city of New York, the commissioner may pledge\nor assign to the dormitory authority all or any moneys in the fund\nestablished pursuant to this section, and any and all moneys which may\nbe receivable by the department and credited to such fund in the future,\nand any right, title and interest of the department in and to the money\nin or to be deposited in such fund.\n  4. The moneys in the fund shall be paid out of such fund on the audit\nand warrant of the comptroller on vouchers certified or approved by the\ncommissioner, or by an officer or employee of the department designated\nby the commissioner, notwithstanding the provision of any general or\nspecial law to the contrary.\n
N.Y. EDN Law § 313 — New York Code / Act EDN / Title 1 / Article 7 / Section 313
Unfair educational practices
Status: in_force

§ 313. Unfair educational practices. (1) Declaration of policy.  (a)\nIt is hereby declared to be the policy of the state that the American\nideal of equality of opportunity requires that students, otherwise\nqualified, be admitted to educational institutions and be given access\nto all the educational programs and courses operated or provided by such\ninstitutions without regard to race, color, sex, religion, creed,\nmarital status, age, sexual orientation as defined in section two\nhundred ninety-two of the executive law, gender identity or expression\nas defined in section two hundred ninety-two of the executive law, or\nnational origin, except that, with regard to religious or denominational\neducational institutions, students, otherwise qualified, shall have the\nequal opportunity to attend therein without discrimination because of\nrace, color, sex, marital status, age, sexual orientation as defined in\nsection two hundred ninety-two of the executive law, gender identity or\nexpression as defined in section two hundred ninety-two of the executive\nlaw, or national origin. It is a fundamental American right for members\nof various religious faiths to establish and maintain educational\ninstitutions exclusively or primarily for students of their own\nreligious faith or to effectuate the religious principles in furtherance\nof which they are maintained. Nothing herein contained shall impair or\nabridge that right.\n  (b) It is hereby further declared to be the policy of the state that\nindividuals who withdraw from postsecondary educational institutions in\norder to serve on active duty in the armed forces of the United States\nin time of war and who seek to return to such educational institutions\nshall be allowed to do so without the imposition of any penalty,\nacademic or financial, for their withdrawal, and that any express or\nimplied contractual provision which imposes any such penalty shall be\nvoid and unenforceable as against public policy.\n  (2) Definitions. (a) Educational institution means any educational\ninstitution of post-secondary grade subject to the visitation,\nexamination or inspection by the state board of regents or the state\ncommissioner of education and any business or trade school in the state.\n  (b) Religious or denominational educational institution means an\neducational institution which is operated, supervised or controlled by a\nreligious or denominational organization and which has certified to the\nstate commissioner of education that it is a religious or denominational\neducational institution.\n  (3) Unfair educational practices. It shall be an unfair educational\npractice for an educational institution after September fifteenth,\nnineteen hundred forty-eight:\n  (a) To exclude or limit or otherwise discriminate against any person\nor persons seeking admission as students to such institution or to any\neducational program or course operated or provided by such institution\nbecause of race, religion, creed, sex, color, marital status, age,\nsexual orientation as defined in section two hundred ninety-two of the\nexecutive law, gender identity or expression as defined in section two\nhundred ninety-two of the executive law, or national origin; except that\nnothing in this section shall be deemed to affect, in any way, the right\nof a religious or denominational educational institution to select its\nstudents exclusively or primarily from members of such religion or\ndenomination or from giving preference in such selection to such members\nor to make such selection of its students as is calculated by such\ninstitution to promote the religious principles for which it is\nestablished or maintained. Nothing herein contained shall impair or\nabridge the right of an independent institution, which establishes or\nmaintains a policy of educating persons of one sex exclusively, to admit\nstudents of only one sex.\n  (b) To penalize any individual because he or she has initiated,\ntestified, participated or assisted in any proceedings under this\nsection.\n  (c) To accept any endowment or gift of money or property conditioned\nupon teaching the doctrine of supremacy of any particular race.\n  (d) With respect to any individual who withdraws from attendance to\nserve on active duty in the armed forces of the United States in time of\nwar, including any individual who withdrew from attendance on or after\nAugust second, nineteen hundred ninety to serve on active duty in the\narmed forces of the United States in the Persian Gulf conflict: (i) to\ndeny or limit the readmission of such individual to such institution or\nto any educational program or course operated or provided by such\ninstitution because of such withdrawal from attendance or because of the\nfailure to complete any educational program or course due to such\nwithdrawal; (ii) to impose any academic penalty on such person because\nof such withdrawal or because of the failure to complete any educational\nprogram or course due to such withdrawal; (iii) to reduce or eliminate\nany financial aid award granted to such individual which could not be\nused, in whole or part, because of such withdrawal or because of the\nfailure to complete any educational program or course due to such\nwithdrawal; or (iv) to fail to provide a credit or refund of tuition and\nfees paid by such individual for any semester, term or quarter not\ncompleted because of such withdrawal or because of the failure to\ncomplete any program or course due to such withdrawal.\n  (e) It shall not be an unfair educational practice for any educational\ninstitution to use criteria other than race, religion, creed, sex,\ncolor, marital status, age, sexual orientation as defined in section two\nhundred ninety-two of the executive law, gender identity or expression\nas defined in section two hundred ninety-two of the executive law, or\nnational origin in the admission of students to such institution or to\nany of the educational programs and courses operated or provided by such\ninstitution.\n  (f) No educational institution shall require an individual to provide\na copy of his or her criminal history record that he or she obtained\npursuant to the rules and regulations of the division of criminal\njustice services.\n  (4) Certification of religious and denominational institutions. An\neducational institution operated, supervised or controlled by a\nreligious or denominational organization may, through its chief\nexecutive officer, certify in writing to the commissioner that it is so\noperated, controlled or supervised, and that it elects to be considered\na religious or denominational educational institution, and it thereupon\nshall be deemed such an institution for the purposes of this section.\n  (5) Procedure. (a) Any person seeking admission as a student who\nclaims to be aggrieved by an alleged unfair educational practice,\nhereinafter referred to as the petitioner, may himself, or by his parent\nor guardian, make, sign and file with the commissioner of education a\nverified petition which shall set forth the particulars thereof and\ncontain such other information as may be required by the commissioner.\nThe commissioner shall thereupon cause an investigation to be made in\nconnection therewith; and after such investigation if he shall determine\nthat probable cause exists for crediting the allegations of the\npetition, he shall attempt by informal methods of persuasion,\nconciliation or mediation to induce the elimination of such alleged\nunfair educational practice.\n  (b) Where the commissioner has reason to believe that an applicant or\napplicants have been discriminated against, except that preferential\nselection by religious or denominational institutions of students of\ntheir own religion or denomination shall not be considered an act of\ndiscrimination, he may initiate an investigation on his own motion.\n  (c) The commissioner shall not disclose what takes place during such\ninformal efforts at persuasion, conciliation or mediation nor shall he\noffer in evidence in any proceeding the facts adduced in such informal\nefforts.\n  (d) A petition pursuant to this section must be filed with the\ncommissioner within one year after the alleged unfair educational\npractice was committed.\n  (e) If such informal methods fail to induce the elimination of the\nalleged unfair educational practice, the commissioner shall have power\nto refer the matter to the board of regents which shall issue and cause\nto be served upon such institution, hereinafter called the respondent, a\ncomplaint setting forth the alleged unfair educational practice charged\nand a notice of hearing before the board of regents, at a place therein\nfixed to be held not less than twenty days after the service of said\ncomplaint.\n  Any complaint issued pursuant to this section must be issued within\ntwo years after the alleged unfair educational practice was committed.\n  (f) The respondent shall have the right to answer the original and any\namended complaint and to appear at such hearing by counsel, present\nevidence and examine and cross-examine witnesses.\n  (g) The commissioner and the board of regents shall have the power to\nsubpoena witnesses, compel their attendance, administer oaths, take\ntestimony under oath and require the production of evidence relating to\nthe matter in question before it or them. The testimony taken at the\nhearing, which shall be public shall be under oath and shall be reduced\nto writing and filed with the board of regents.\n  (h) After the hearing is completed the board of regents shall file an\nintermediate report which shall contain its findings of fact and\nconclusions upon the issues in the proceeding. A copy of such report\nshall be served on the parties to the proceeding. Any such party within\ntwenty days thereafter, may file with the regents exceptions to the\nfindings of fact and conclusions, with a brief in support thereof, or\nmay file a brief in support of such findings of fact and conclusions.\n  (i) If, upon all the evidence, the regents shall determine that the\nrespondent has engaged in an unfair educational practice, the regents\nshall state their findings of fact and conclusions and shall issue and\ncause to be served upon such respondent a copy of such findings and\nconclusions and an order requiring the respondent to cease and desist\nfrom such unfair educational practice, or such other order as they deem\njust and proper.\n  (j) If, upon all the evidence, the regents shall find that a\nrespondent has not engaged in any unfair educational practice, the\nregents shall state their findings of fact and conclusions and shall\nissue and cause to be served on the petitioner and respondent, a copy of\nsuch findings and conclusions, and an order dismissing the complaint as\nto such respondent.\n  (6) Judicial review and enforcement. (a) Whenever the board of regents\nhas issued an order as provided in this section it may apply to the\nsupreme court for the enforcement of such order by a proceeding brought\nin the supreme court within the third judicial district. The board of\nregents shall file with the court a transcript of the record of its\nhearing, and the court shall have jurisdiction of the proceeding and of\nthe questions determined therein, and shall have power to make an order\nannulling or confirming, wholly or in part, or modifying the\ndetermination reviewed. The order of the supreme court shall be subject\nto review by the appellate division of the supreme court and the court\nof appeals, upon the appeal of any party to the proceeding, in the same\nmanner and with the same effect as provided on an appeal from a final\njudgment made by the court without a jury.\n  (b) Any party to the proceeding, aggrieved by a final order of the\nboard of regents, may obtain a judicial review thereof by a proceeding\nunder article seventy-eight of the civil practice law and rules, which\nshall be brought in the appellate division of the supreme court for the\nthird judicial department.\n  (7) Regents empowered to promulgate rules and regulations. The regents\nfrom time to time may adopt, promulgate, amend or rescind rules and\nregulations to effectuate the purposes and provisions of this section.\n  (8) The commissioner shall include in his annual report to the\nlegislature (1) a resume of the nature and substance of the cases\ndisposed of through public hearings, and (2) recommendations for further\naction to eliminate discrimination in education if such is needed.\n
N.Y. EDN Law § 715 — New York Code / Act EDN / Title 1 / Article 15-B / Section 715
Instructional materials; students with disabilities
Status: in_force

* § 715. Instructional materials; students with disabilities. 1. For\npurposes of this section, the following words shall have the following\nmeanings: (a) "College" means college as defined in subdivision two of\nsection six hundred one of this chapter;\n  (b) "Instructional material or materials" means textbooks and other\nmaterials written and published by commercial publishers primarily for\nuse by students in postsecondary instruction that are required or\nessential to a student's success in a course of study in which a student\nwith a disability is enrolled. The determination of which materials are\n"required or essential to student success" shall be made by the\ninstructor of the course. "Instructional material or materials" shall\nalso include commercially published nontextual mathematics and science\nmaterial wherever available software permits the conversion of existing\nelectronic files of the materials into a format that is compatible with\nbraille translation software or alternative media for students with\ndisabilities.\n  (c) "Nonprinted instructional materials" means commercially published\ninstructional materials in formats other than print, and includes\ncommercially published instructional materials that require the\navailability of electronic equipment in order to be used as a learning\nresource, including, but not necessarily limited to, commercially\npublished software programs, video disks, and video and audio tapes.\n  (d) "Printed instructional material or materials" means instructional\nmaterial or materials commercially published in book or other\ncommercially published printed form.\n  (e) "Structural integrity" means all of the commercially published\nprinted instructional material, including, but not limited to, the text\nof the material, sidebars, the table of contents, chapter headings and\nsubheadings, footnotes, pictures, illustrations, graphs, charts,\nindexes, glossaries, and bibliographies. If good faith efforts fail to\nproduce an agreement pursuant to subdivision two of this section between\nthe publisher or manufacturer and the commissioner as to an electronic\nformat that will preserve the structural integrity of the commercially\npublished printed instructional material, the publisher or manufacturer\nshall provide the instructional material in the most updated electronic\nformat taking into consideration the recommendation made by the National\nInstitute of Standards and Technology (NIST) and shall preserve as much\nof the structural integrity of the commercially published printed\ninstructional material as possible.\n  (f) "Specialized format" means braille, audio, or digital text that is\nexclusively for use by blind persons and students with other\ndisabilities.\n  (g) "Advisory council", means a group of individuals appointed as\nfollows: seven shall be appointed directly by the governor, two shall be\nappointed on the nomination of the temporary president of the senate,\ntwo shall be appointed on the nomination of the speaker of the assembly,\none shall be appointed on the nomination of the minority leader of the\nsenate, and one shall be appointed on the nomination of the minority\nleader of the assembly. The council shall be comprised of\nrepresentatives from college disability student support services; the\ndepartment; the publisher community; students with disabilities and\nother interested parties who will provide input into policy development,\nprogram guidelines and implementation strategies for the implementation\nof this section, and updates and technical assistance to regional\ncollege disability service coordinators.\n  (h) "Guidelines" means a set of information, training, technical\nguidance and best practices used in implementing the provisions of this\nsection.\n  Nothing in this subdivision shall be construed to prohibit a college\nfrom assisting a student with a disability by using the electronic\nversion of commercially published printed instructional material\nprovided pursuant to this section solely to transcribe or arrange for\nthe transcription of the commercially published printed instructional\nmaterial into braille. In the event such a transcription is made, the\ncollege shall have the right to share such braille copy of the\ncommercially published printed instructional material with other\nstudents with disabilities.\n  2. An individual, firm, partnership or corporation that publishes or\nmanufactures commercially published printed instructional materials for\nstudents attending college shall provide for purchase by students with\ndisabilities such printed instructional material in an electronic format\nmutually agreed upon by the commercial publisher or manufacturer and the\ncommissioner. These commercially published printed instructional\nmaterials must be converted to an electronic format using the most\nupdated software technology available to the public at that time.\nComputer files or electronic versions of commercially published printed\ninstructional materials shall maintain the structural integrity of such\nprinted instructional material, be compatible with commonly used braille\ntranslation and speech synthesis software, and include corrections and\nrevisions as may be necessary. The computer files or electronic versions\nof the commercially published printed instructional material shall be\navailable to students with disabilities at a cost comparable to the\nprinted version of such commercially published material and in a timely\nmanner, upon receipt of a written request that does all of the\nfollowing:\n  (a) Certifies that the electronic version of the commercially\npublished printed instructional materials will be used by a student with\na disability.\n  (b) Certifies that the student has a disability that prevents him or\nher from using standard commercially published instructional materials.\n  (c) Certifies that the commercially published printed instructional\nmaterial is for use by the student in connection with a course in which\nhe or she is registered or enrolled at the college.\n  (d) Is signed by the coordinator of services for students with\ndisabilities at the college or by the campus or college official\nresponsible for monitoring compliance with the Americans with\nDisabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the college.\n  3. An individual, firm, partnership or corporation specified in\nsubdivision two of this section may also require that, in addition to\nthe conditions enumerated above, the request shall include a statement\nsigned by the student agreeing to both of the following:\n  (a) He or she will use the electronic copy of the commercially\npublished printed instructional material in specialized format solely\nfor his or her own educational purposes.\n  (b) He or she will not copy or duplicate the commercially published\nprinted instructional material or electronic copy for use by others\nconsistent with the requirements of the copyright revision act of 1976,\nas amended (17 U.S.C. §101 et seq.).\n  4. If a college permits a student to directly use the electronic\nversion of a commercially published instructional material, such student\nshall use the disk or file in a manner that complies at all times with\nthe Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et\nseq.).\n  5. An individual, firm, partnership or corporation that, for\ncommercial purposes, publishes or manufactures nonprinted instructional\nmaterials for students attending college shall provide computer files or\nother electronic versions of such nonprinted instructional materials for\nuse by students attending such college subject to the same conditions\nset forth in subdivisions two and three of this section for printed\ninstructional materials, when technology is available to convert these\nnonprinted instructional materials published or manufactured for\ncommercial purposes to a format that maintains the structural integrity\nof such nonprinted instructional materials that is compatible with\nbraille translation and speech synthesis software.\n  6. Nothing in this section shall be deemed to authorize any use of any\ncommercially published instructional materials that would constitute an\ninfringement of copyright under the Copyright Revision Act of 1976, as\namended (17 U.S.C. Sec. 101 et seq.).\n  7. The governor shall convene a statewide advisory council as defined\nin paragraph (g) of subdivision one of this section that will meet as\nnecessary to fulfill the functions set forth in paragraph (g) of\nsubdivision one of this section.\n  * NB Repealed August 15, 2028\n
N.Y. RPT Law § 305-A — New York Code / Act RPT / Article 3 / Title 1 / Section 305-A
Assessment using the comparable sales, income capitalization or cost method
Status: in_force

§ 305-a. Assessment using the comparable sales, income capitalization\nor cost method. 1. As used in this section, the following terms shall\nhave the following meanings:\n  (a) "Mixed-use property" means a property with a building or structure\nused for both residential and commercial purposes.\n  (b) "Non-residential property" means a property with a building or\nstructure used for commercial purposes.\n  2. When determining the value of a mixed-use or non-residential\nproperty using the comparable sales, income capitalization or cost\nmethod, the following shall be considered when selecting appropriate\nsales or rentals comparable to the subject property; provided, however,\nthat the following requirements shall apply only to assessing units\nother than cities having a population of one million or more:\n  (a) sales or rentals of properties exhibiting similar use or the use\nat the time of sale in the same real estate market. Comparable\nproperties should include properties located in proximate location to\nthe subject property unless there is an inadequate number of appropriate\nsales or rentals within the same market; and\n  (b) sales or rentals of properties that are similar in age, condition,\nuse or the use at the time of sale, type of construction, location,\ndesign, physical features and economic characteristics including but not\nlimited to similarities in occupancy and market rent.\n
N.Y. EDN Law § 606 — New York Code / Act EDN / Title 1 / Article 13 / Section 606
County awards for professional education in nursing, medicine, dentistry, optometry or veterinary medicine
Status: in_force

§ 606. County awards for professional education in nursing, medicine,\ndentistry, optometry or veterinary medicine.  Each county of the state\noutside New York city is hereby authorized to establish  awards in such\nmanner as the local legislative body of such county may determine, for\nattendance by legal residents of this state, who meet the citizenship\nrequirements established by article fourteen of this chapter for the\nprofessional study of nursing, medicine, dentistry, optometry or\nveterinary medicine, at approved nursing, medical, dental, optometry or\nveterinary medicine schools within the United States, conditioned upon\nthe promise of the scholarship holder to practice nursing, medicine,\ndentistry, optometry or veterinary medicine in such county for such\nperiod as such body may fix, following his licensing as a nurse,\nphysician, dentist, optometrist or veterinarian.  Each such award shall\nentitle the recipient to such sum of money as may be fixed by such body\nwhile in attendance at approved nursing, medical, dental, optometry or\nveterinary medicine schools in the United States during a period of not\nto exceed four years of professional study and for physicians for a\nfurther period of not to exceed two years while engaged in an internship\nor as a resident physician in an accredited hospital in the United\nStates. Such awards may, as an alternative to awards hereinbefore\nauthorized,  be granted by any such county to those already so licensed\nto practice nursing, medicine, dentistry, optometry or veterinary\nmedicine upon the promise of such grantees to practice within the county\nfor a period of time and upon such terms and conditions as the county\nmay fix, provided such recipient did not receive a similar award while a\nstudent.  The county shall appropriate annually such sums of money as\nmay be necessary to defray the costs of such awards and moneys so\nappropriated shall be deemed appropriated for a lawful county purpose\nand shall be raised by the same method as moneys required for other\nlawful county purposes.\n
N.Y. SOS Law § 384 — New York Code / Act SOS / Article 6 / Title 1 / Section 384
Guardianship and custody of children not in foster care
Status: in_force

§ 384. Guardianship and custody of children not in foster care. 1.\nMethod. The guardianship of the person and the custody of a child who is\nnot in foster care under the age of eighteen years may be committed to\nan authorized agency by a written instrument which shall be known as a\nsurrender, and signed:\n  (a) if both parents shall then be living, by the parents of such\nchild, or by the surviving parent, if either parent of such child be\ndead;\n  (b) if either one of such parents shall have for a period of six\nmonths then next preceding abandoned such child, by the other of such\nparents;\n  (c) if such child is born out of wedlock, by the mother of such child,\nand by the father of such child, if such father's consent would be\nrequired for the child's adoption, pursuant to section one hundred\neleven of the domestic relations law;\n  (d) if both parents of such child are dead, or if such child is born\nout of wedlock and the mother of such child is dead by the guardian of\nthe person of such child lawfully appointed, with the approval of the\ncourt or officer which appointed such guardian to be entered of record.\n  2. Terms. (a) Such guardianship shall be in accordance with the\nprovisions of this article and the instrument shall be upon such terms\nand subject to such conditions as may be agreed upon by the parties\nthereto. The instrument shall recite that the authorized agency is\nthereby authorized and empowered to consent to the adoption of such\nchild in the place and stead of the person signing the instrument, and\nmay recite that the person signing the instrument waives any notice of\nsuch adoption; provided, however, that an authorized agency shall not\naccept a surrender instrument conditioned upon adoption by a particular\nperson, unless the agency has fully investigated and certified or\napproved such person as a qualified adoptive parent. Any surrender\ninstrument subject to the provisions of this section shall include an\nadoption information registry birth parent registration consent form,\nstating whether or not such biological parent or parents whose consent\nis subject to the provisions of this section, consents to the receipt of\nidentifying information by the child to be adopted, upon registration\nwith the adoption information registry established by section forty-one\nhundred thirty-eight-c of the public health law and upon the adoptee\nreaching the age of eighteen. If such consent is made, it shall be\nrevocable by either of the biological parents at any time. The\nrevocation of the consent by one of the parents shall revoke the consent\nof both parents.  The failure of a biological parent to complete the\nconsent form shall have no effect on the finality of the consent to\nadoption. A copy of the form required by this subdivision, shall be\nforwarded to the state adoption information registry for inclusion in\nthe records maintained by such registry. Any fees authorized to be\ncharged by the state adoption registry for filing documentation with\nsuch registry shall be waived for the form required by this subdivision.\nNo such agency shall draw or receive money from public funds for the\nsupport of any such child except upon the written order or permit of the\nlocal social services official of the county or city sought to be\ncharged with the support of such child.\n  (b) If a surrender instrument designates a particular person or\npersons who will adopt a child, such person or persons, the child's\nbirth parent or parents, the authorized agency having care and custody\nof the child and the child's attorney, may enter into a written\nagreement providing for communication or contact between the child and\nthe child's parent or parents on such terms and conditions as may be\nagreed to by the parties.\n  If a surrender instrument does not designate a particular person or\npersons who will adopt the child, then the child's birth parent or\nparents, the authorized agency having care and custody of the child and\nthe child's attorney may enter into a written agreement providing for\ncommunication or contact, on such terms and conditions as may be agreed\nto by the parties. Such agreement also may provide terms and conditions\nfor communication with or contact between the child and the child's\nbiological sibling or half-sibling, if any. If any such sibling or\nhalf-sibling is fourteen years of age or older, such terms and\nconditions shall not be enforceable unless such sibling or half-sibling\nconsents to the agreement in writing. If the court before which the\nsurrender instrument is presented for approval determines that the\nagreement concerning communication and contact is in the child's best\ninterests, the court shall approve the agreement. If the court does not\napprove the agreement, the court may nonetheless approve the surrender;\nprovided, however, that the birth parent or parents executing the\nsurrender instrument shall be given the opportunity at that time to\nwithdraw such instrument. Enforcement of any agreement prior to the\nadoption of the child shall be in accordance with subdivision (b) of\nsection one thousand fifty-five-a of the family court act. Subsequent to\nthe adoption of the child, enforcement of any agreement shall be in\naccordance with section one hundred twelve-b of the domestic relations\nlaw.\n  3. Instrument. The instrument herein provided shall be executed and\nacknowledged (a) before any judge or surrogate in this state having\njurisdiction over adoption proceedings, except that if the child is\nbeing surrendered as a result of, or in connection with, a proceeding\nbefore the family court pursuant to article ten or ten-A of the family\ncourt act, the instrument shall be executed and acknowledged in the\nfamily court that exercised jurisdiction over such proceeding and shall\nbe assigned, wherever practicable, to the judge who last presided over\nsuch proceeding; or (b) in the presence of one or more witnesses and\nacknowledged by such witness or witnesses, in the latter case before a\nnotary public or other officer authorized to take proof of deeds, and\nshall be recorded in the office of the county clerk in the county where\nsuch instrument is executed, or where the principal office of such\nauthorized agency is located, in a book which such county clerk shall\nprovide and shall keep under seal. Such record shall be subject to\ninspection and examination only as provided in subdivisions three and\nfour of section three hundred seventy-two of this title. Notwithstanding\nany other provision of law, if the parent surrendering the child for\nadoption is in foster care the instrument shall be executed before a\njudge of the family court.\n  Whenever the term surrender or surrender instrument is used in any law\nrelating to the adoption of children who are not in foster care, it\nshall mean and refer exclusively to the instrument hereinabove described\nfor the commitment of the guardianship of the person and the custody of\na child to an authorized agency by his parents, parent or guardian; and\nin no case shall it be deemed to apply to any instrument purporting to\ncommit the guardianship of the person and the custody of a child to any\nperson other than an authorized agency, nor shall such term or the\nprovisions of this section be deemed to apply to any instrument\ntransferring the care and custody of a child to an authorized agency\npursuant to section three hundred eighty-four-a of this chapter.\n  Any person or persons having custody of a child for the purpose of\nadoption through an authorized agency shall be permitted as a matter of\nright, as an interested party, to intervene in any proceeding commenced\nto set aside a surrender purporting to commit a guardianship of the\nperson or custody of a child executed under the provisions of this\nsection. Such intervention may be made anonymously or in the true name\nof said person.\n  Any person or persons having custody for more than twelve months\nthrough an authorized agency for the purpose of foster care shall be\npermitted as a matter of right, as an interested party, to intervene in\nany proceeding commenced to set aside a surrender purporting to commit\nthe guardianship of the person and custody of a child executed under the\nprovisions of this section. Such intervention may be made anonymously or\nin the true name of said person or persons having custody of the child\nfor the purpose of foster care.\n  A copy of such surrender shall be given to such surrendering parent\nupon the execution thereof. The surrender shall include the following\nstatement: "I, (name of surrendering parent), this ___ day of\n__________, _____, have received a copy of this surrender. (Signature of\nsurrendering parent)". Such surrendering parent shall so acknowledge the\ndelivery and the date of the delivery in writing on the surrender.\n  Where the parties have agreed that the surrender shall be subject to\nconditions pursuant to subdivision two of this section, the instrument\nshall further state in plain language that:\n  (i) the authorized agency shall notify the parent, unless such notice\nis expressly waived by a statement written by the parent and appended to\nor included in such instrument, the attorney for the child and the court\nthat approved the surrender within twenty days of any substantial\nfailure of a material condition of the surrender prior to the\nfinalization of the adoption of the child; and\n  (ii) except for good cause shown, the authorized agency shall file a\npetition on notice to the parent unless notice is expressly waived by a\nstatement written by the parent and appended to or included in such\ninstrument and the child's attorney in accordance with section one\nthousand fifty-five-a of the family court act within thirty days of such\nfailure, in order for the court to review such failure and, where\nnecessary, to hold a hearing; provided, however, that, in the absence of\nsuch filing, the parent and/or attorney for the child may file such a\npetition at any time up to sixty days after notification of such\nfailure. Such petition filed by a parent or attorney for the child must\nbe filed prior to the child's adoption; and\n  (iii) the parent is obligated to provide the authorized agency with a\ndesignated mailing address, as well as any subsequent changes in such\naddress, at which the parent may receive notices regarding any\nsubstantial failure of a material condition, unless such notification is\nexpressly waived by a statement written by the parent and appended to or\nincluded in such instrument.\n  Nothing in this paragraph shall limit the notice on the instrument\nwith respect to a failure to comply with a material condition of a\nsurrender subsequent to the finalization of the adoption of the child.\n  4. Upon petition by an authorized agency, a judge of the family court,\nor a surrogate, may approve such surrender, on such notice to such\npersons as the surrogate or judge may in his or her discretion\nprescribe. If the child is being surrendered as a result of, or in\nconnection with, a proceeding before the family court pursuant to\narticle ten or ten-A of the family court act, the petition shall be\nfiled in the family court that exercised jurisdiction over such\nproceeding and shall be assigned, wherever practicable, to the judge who\nlast presided over such proceeding. The petition shall set forth the\nnames and last known addresses of all persons required to be given\nnotice of the proceeding, pursuant to section three hundred\neighty-four-c of this title, and there shall be shown by the petition or\nby affidavit or other proof satisfactory to the court that there are no\npersons other than those set forth in the petition who are entitled to\nnotice pursuant to such section. No person who has received such notice\nand been afforded an opportunity to be heard may challenge the validity\nof a surrender approved pursuant to this subdivision in any other\nproceeding. However, this subdivision shall not be deemed to require\napproval of a surrender by a surrogate or judge for such surrender to be\nvalid.\n  5. If a duly executed and acknowledged adoption surrender shall so\nrecite, no action or proceeding may be maintained by the surrendering\nparent or guardian for the custody of the surrendered child or to revoke\nor annul such surrender where the child has been placed in the home of\nadoptive parents and more than thirty days have elapsed since the\nexecution of the surrender or where the purpose of such action or\nproceeding is to return the child to or vest the child's custody in any\nperson other than the parent or guardian who originally executed such\nsurrender. This subdivision shall not bar actions or proceedings brought\non the ground of fraud, duress or coercion in the execution or\ninducement of a surrender.\n  For the purposes of this subdivision, no child shall be deemed to have\nbeen placed in the home of adoptive parents unless the fact of such\nplacement, the date thereof, the date of the agreement pertaining\nthereto and the names and addresses of the adoptive parents shall have\nbeen recorded in a bound volume maintained by the agency for the purpose\nof recording such information in chronological order.\n  Where the parties have agreed that the surrender shall be subject to\nconditions pursuant to subdivision two of this section and where there\nhas been a substantial failure of a material condition prior to the\nfinalization of the adoption of the child, the agency shall notify the\nparent thereof, unless such notice is expressly waived by a statement\nwritten by the parent and appended to or included in such instrument,\nand shall notify the court and the law guardian for the child within\ntwenty days of such failure. In any such case, the authorized agency\nshall file a petition on notice to the parent unless notice is expressly\nwaived by a statement written by the parent and appended to or included\nin such instrument and law guardian in accordance with section one\nthousand fifty-five-a of the family court act within thirty days of such\nfailure, except for good cause shown, in order for the court to review\nsuch failure and, where necessary, to hold a hearing; provided, however,\nthat, in the absence of such a filing, the parent and/or law guardian\nfor the child may file such a petition at any time up to sixty days\nafter notification of the failure. Such a petition filed by a parent or\nlaw guardian must be filed prior to the adoption. Nothing in this\nparagraph shall limit the rights and remedies available to the parties\nand the law guardian pursuant to section one hundred twelve-b of the\ndomestic relations law with respect to a failure to comply with a\nmaterial condition of a surrender subsequent to the finalization of the\nadoption of a child.\n  6. In an action or proceeding to determine the custody of a child not\nin foster care surrendered for adoption and placed in an adoptive home\nor to revoke or annul a surrender instrument in the case of such child\nplaced in an adoptive home, the parent or parents who surrendered such\nchild shall have no right to the custody of such child superior to that\nof the adoptive parents, notwithstanding that the parent or parents who\nsurrendered the child are fit, competent and able to duly maintain,\nsupport and educate the child. The custody of such child shall be\nawarded solely on the basis of the best interests of the child, and\nthere shall be no presumption that such interests will be promoted by\nany particular custodial disposition.\n  7. Upon acceptance of a judicial surrender or approval of an\nextra-judicial surrender pursuant to this section, the court shall\nschedule an initial freed child permanency hearing pursuant to section\none thousand eighty-nine of the family court act.\n  8. Upon execution of a surrender instrument, the parent executing the\nsurrender shall provide information to the extent known regarding the\nother parent, any person to whom the surrendering parent had been\nmarried at the time of the conception or birth of the child and any\nother person listed in subdivision two of section three hundred\neighty-four-c of this title. Such information shall include, but not be\nlimited to, such parent's or person's name, last-known address, social\nsecurity number, employer's address and any other identifying\ninformation. Any information provided pursuant to this subdivision shall\nbe recorded in the uniform case record maintained pursuant to section\nfour hundred nine-f of this article; provided, however, that the failure\nto provide such information shall not invalidate the surrender.\n  9. Acceptance of a judicial surrender or approval of an extra-judicial\nsurrender pursuant to this section shall not be construed to terminate\nany rights of the child to contact his or her siblings. For purposes of\nthis section, "siblings" shall include half-siblings and those who would\nbe deemed siblings or half siblings but for the surrender, termination\nof parental rights or death of a parent.\n
N.Y. VAT Law § 114-B — New York Code / Act VAT / Title 1 / Article 1 / Section 114-B
Emergency operation
Status: in_force

§ 114-b. Emergency operation. The operation, or parking, of an\nauthorized emergency vehicle, when such vehicle is engaged in\ntransporting a sick or injured person, transporting prisoners,\ndelivering blood or blood products in a situation involving an imminent\nhealth risk, transporting human organs and/or medical personnel for the\npurpose of organ recovery or transplantation in a situation involving an\nimminent health risk where undue delay would jeopardize such recovery or\ntransplantation, pursuing an actual or suspected violator of the law, or\nresponding to, or working or assisting at the scene of an accident,\ndisaster, police call, alarm of fire, actual or potential release of\nhazardous materials or other emergency. Emergency operation shall not\ninclude returning from such service.\n
N.Y. EDN Law § 365 — New York Code / Act EDN / Title 1 / Article 8 / Section 365
Construction
Status: in_force

§ 365. Construction.  The powers enumerated in this article shall be\ninterpreted broadly to effectuate the purposes thereof and shall not be\nconstrued as a limitation of powers.\n
N.Y. ENV Law § 25-0103 — New York Code / Act ENV / Article 25 / Title 1 / Section 25-0103
Definitions
Status: in_force

§ 25-0103. Definitions.\n  1. "Tidal wetlands" shall mean and include the following:\n  (a) those areas which border on or lie beneath tidal waters, such as,\nbut not limited to, banks, bogs, salt marsh, swamps, meadows, flats or\nother low lands subject to tidal action, including those areas now or\nformerly connected to tidal waters;\n  (b) all banks, bogs, meadows, flats and tidal marsh subject to such\ntides, and upon which grow or may grow some or any of the following:\nsalt hay (Spartina patens and Distichlis spicata), black grass (Juncus\nGerardi), saltworts (Salicornia ssp.), sea lavender (Limonium\ncarolinianum), tall cordgrass (Spartina pectinata and Spartina\ncynosuroides), hightide bush (Iva frutescens), cattails (Typha\nangustifolia and Typha latifolia), groundsel (Baccharis halmilifolia),\nmarsh mallow (Hybiscus palustris) and the intertidal zone including low\nmarsh cordgrass (Spartina alterniflora).\n  2. "Commissioner" shall mean the commissioner of environmental\nconservation.\n  3. "Pollution" shall mean the presence in the environment of\nconditions or contaminants in quantities or characteristics which are or\nmay be injurious to human, plant, or marine life, wildlife, or other\nanimal life, or to property, or which unreasonably interfere with the\ncomfortable enjoyment of life and property throughout such tidal\nwetlands as may be affected thereby.\n  4. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, bi-state authority, municipality, industry, co-partnership,\nassociation, firm, trust, estate or any other legal entity whatsoever.\n  5. "Municipality" shall mean a village, town, city or county.\n
N.Y. EDN Law § 689-A — New York Code / Act EDN / Title 1 / Article 14 / Part 4 / Section 689-A
Tuition credits
Status: in_force

* § 689-a. Tuition credits. 1. The New York state higher education\nservices corporation shall calculate a tuition credit for each resident\nundergraduate student who has filed an application with such corporation\nfor a tuition assistance program award pursuant to section six hundred\nsixty-seven of this article, and is determined to be eligible to receive\nsuch award, and is also enrolled in a program of undergraduate study at\na state operated or senior college of the state university of New York\nor the city university of New York where the annual resident\nundergraduate tuition rate will exceed the maximum tuition assistance\nprogram award pursuant to subitem (a) of item one of clause (A) of\nsubparagraph (i) of paragraph a of subdivision three of section six\nhundred sixty-seven of this article. Such tuition credit shall be\ncalculated for each semester, quarter or term of study that tuition is\ncharged and tuition for the corresponding semester, quarter or term\nshall not be due for any student eligible to receive such tuition credit\nuntil such credit is calculated, the student and school where the\nstudent is enrolled is notified of the tuition credit amount, and such\ntuition credit is applied toward the tuition charged.\n  2. Each tuition credit pursuant to this section shall be an amount\nequal to the product of the total annual resident undergraduate tuition\nrate minus the maximum tuition assistance program award pursuant to\nsubitem (a) of item one of clause (A) of subparagraph (i) of paragraph a\nof subdivision three of section six hundred sixty-seven of this article\nthen multiplied by an amount equal to the product of the total annual\naward for the student pursuant to section six hundred sixty-seven of\nthis article divided by an amount equal to the maximum amount the\nstudent qualifies to receive pursuant to clause (A) of subparagraph (i)\nof paragraph a of subdivision three of section six hundred sixty-seven\nof this article.\n  * NB Repealed July 1, 2027\n
N.Y. GOB Law § 15-106 — New York Code / Act GOB / Article 15 / Title 1 / Section 15-106
Death of joint obligor
Status: in_force

§ 15-106. Death of joint obligor. On the death of a joint obligor in\ncontract, his estate shall be bound as such jointly and severally with\nthe surviving obligor or obligors.\n
N.Y. ELD Law § 214 — New York Code / Act ELD / Article 2 / Title 1 / Section 214
Community services for the elderly
Status: in_force

§ 214. Community services for the elderly. 1. Definitions. As used in\nthis section, the following words shall have the following meanings:\n  (a) "Designated agency" shall mean an agency which is designated by\nthe chief executive officer of the county if there be one, or otherwise\nthe governing board of such county, or the chief executive officer of\nthe city of New York, or the governing board of an Indian tribal\ncouncil; which is either a unit of county government or the city of New\nYork or an Indian tribal organization or a private non-profit agency,\nand which is the area agency on aging created pursuant to the federal\nolder Americans act of 1965.\n  (b) "Elderly person" shall mean a person sixty years of age or older.\n  (c) "County" shall mean a county, as defined in section three of the\ncounty law, except that the city of New York shall be considered one\ncounty.\n  (d) "Base year expenditures" and "base year services" shall mean the\nlevel of expenditures and services in the year prior to the first year\nfor which a county plan is submitted or in such county's two thousand\nfive fiscal year, whichever is greater.\n  (e) "Community services" shall mean services for elderly persons which\nare provided by a public or governmental agency or non-profit agency,\nand which are provided in the home of an elderly person or in community\nsettings such as senior citizens centers, housing projects, or agency\noffices. Such services shall not include any services provided pursuant\nto the public health law other than home care services.\n  (f) "Community service projects" shall mean community services\nfinanced pursuant to paragraph (b) of subdivision four of this section.\n  (g) "County plan" shall mean a plan for community services prepared by\na county pursuant to this section.\n  (h) "Non-profit agency" shall mean a corporation organized or existing\npursuant to the not-for-profit corporation law.\n  (i) "Program year" shall mean the period from April first through\nMarch thirty-first of the following calendar year.\n  (j) "First program year" for a county shall mean the initial year for\nwhich the county has received approval for its county plan.\n  2. County plans for improving the availability of community services\nto the elderly. (a) Counties with a designated agency are required to\nsubmit a county plan for a two-, three-, or four-year period determined\nby the director, with an annual update containing a budget request for\nthe forthcoming program year and such other information as shall be\nrequired by the director, for improving the delivery of community\nservices for elderly persons in the format prescribed by the director.\nThe plan for the city of New York shall specifically address the needs\nof each county within such city. Such plan shall be a comprehensive\ndescription of the manner in which the county intends to address the\nneeds of elderly persons living in the county through improved\ncoordination of existing community services and by the development of\nany new or expanded community service projects which will improve the\ndelivery of services to the elderly. Such plan shall contain:\n  (1) a statement of goals and objectives for addressing the needs of\nelderly persons in the county, an assessment of the needs of elderly\npersons residing in the county, a description of public and private\nresources that currently provide community services to elderly persons\nwithin the county, a description of intended actions to consolidate and\ncoordinate existing community services administered by county\ngovernment, a description of the intended actions to coordinate\ncongregate services programs for the elderly operated within the county\npursuant to section two hundred seventeen of this title with other\ncommunity services for the elderly, a description of the means to\ncoordinate other community services for elderly persons in the county\nwith those administered by county government, and a statement of the\npriorities for the provision of community services during the program\nperiod covered by such plan;\n  (2) an identification of community service projects to be developed to\nimprove the delivery of services, a budget request for approval for the\nforthcoming year which individually identifies each community service\nproject to be funded pursuant to paragraph (b) of subdivision four of\nthis section, letters of comment from the appropriate local agencies on\nthe relationship and expected impact of the proposed community service\nprojects, assurances that community service projects will provide\nservices to those most in need, an indication of fee schedules by which\nelderly persons participating in community service projects may\ncontribute to the costs of such projects, and an indication of how the\neffectiveness of such community service projects will be evaluated;\n  (3) an identification of planning, coordination, and administrative\nactivities necessary to achieve the goals and objectives of the plan,\ntogether with a budget request for such activities for approval for the\nforthcoming year to be funded pursuant to paragraph (a) of subdivision\nfour of this section, and assurances by the county that it will comply\nwith the requirements of state and federal law; and\n  (4) such other components as may be required pursuant to regulations\npromulgated by the director.\n  (b) Such county plan for community services or annual update shall be\nprepared by the designated agency and approved by the chief executive\nofficer of the county, if there be one, or otherwise the governing board\nof the county, or the chief executive of the city of New York and\nsubmitted to the director no later than ninety days prior to the\nbeginning of the program period covered by such plan or annual update.\nPrior to a submission of a county plan or annual update to the director\nfor approval, the designated agency shall conduct such public hearings\nas may be required by regulations of the director, provided that there\nshall be at least one such hearing, and one in each county contained\nwithin the city of New York.\n  (c) The director shall review such county plan and may approve or\ndisapprove such plan, or any part, program, or project within such plan,\nand shall propose such modifications and conditions as are deemed\nappropriate and necessary. Compliance with paragraphs (a) and (b) of\nthis subdivision shall be the basis for approval of a county plan. The\ndirector shall establish by regulation the dates for notifying the\ndesignated agency of approval or disapproval of a county plan. In the\nevent the director shall disapprove the proposed county plan, the county\nsubmitting such application shall be afforded an opportunity for an\nadjudicatory hearing, as prescribed by article three of the state\nadministrative procedure act.\n  (d) Notwithstanding any provision of this section, nothing contained\nin this section shall give the director or a designated agency any\nadministrative, fiscal, supervisory, or other authority whatsoever over\nany plans, programs or expenditures authorized pursuant to titles\neighteen, nineteen and twenty of the federal social security act, or\nover any unit of state or local government.\n  (e) Counties with a designated agency may submit to the director a\nletter of intent, in the form and by the date prescribed by the director\nwith the approval of the director of the budget, evidencing the\ncommitment of the county to develop a county home care plan for\nfunctionally impaired elderly.\n  (f) Within the amounts appropriated therefor, counties submitting an\napproved letter of intent pursuant to paragraph (e) of this subdivision\nshall be eligible for reimbursement of one hundred percent of the\napproved expenditures for preparing a county home care plan for\nfunctionally impaired elderly. Such a grant-in-aid shall be available to\na county only once and shall be limited to one-half the amount available\nto such county pursuant to subparagraph one of paragraph (a) of\nsubdivision four of this section; provided however that in either of the\ntwo years immediately following its first submission of a home care plan\nfor functionally impaired elderly, a county which does not receive state\naid during such year for expanded non-medical in-home services,\nnon-institutional respite services, case management services, and\nancillary services pursuant to paragraph (j) of subdivision four of this\nsection, may apply for reimbursement of one hundred percent of the\napproved expenditures for revising such home care plan, limited to\none-quarter the amount available to such county pursuant to subparagraph\none of paragraph (a) of subdivision four of this section.\n  (g) County home care plans for functionally impaired elderly prepared\npursuant to this subdivision shall include a comprehensive description\nof all aspects of home care, non-institutional respite, case management,\nand ancillary services available to elderly persons in the county; a\ndescription of intended actions to coordinate such home care,\nnon-institutional respite, case management, and ancillary services to\nfunctionally impaired elderly persons in their county provided under\nthis section with other services to elderly persons; a proposal for\nexpanded non-medical in-home services, non-institutional respite\nservices, case management services, and ancillary services for\nfunctionally impaired elderly persons with unmet needs to support such\npersons' continued residence in their homes; and such other components\nas may be required pursuant to regulations promulgated by the director,\nincluding how the proposed expanded non-medical in-home services,\nnon-institutional respite services, case management services, and\nancillary services will be delivered to unserved or underserved\npopulations.\n  (h) Such county home care plan for functionally impaired elderly shall\nbe prepared by the designated agency after consultation with the social\nservices district and the local public health agency, and shall be\napproved by the chief executive officer of the county, if there be one,\nor otherwise the governing board of the county, or the chief executive\nof the city of New York, and submitted to the director for approval by\nsuch date as may be specified by regulation. The director shall not\napprove such county home care plan for functionally impaired elderly\nunless it complies with the standards and regulations issued pursuant to\nthis section.\n  3. Community service projects. (a) The director may authorize a county\nwhich has an approved county plan pursuant to this section to provide\none or more community service projects included in such approved plan\nwhich are designed to make community services and entitlement programs\nmore available and accessible to older persons through the improved\ncoordination and delivery of services for the elderly. As necessary to\nmeet project goals and objectives, such projects may provide new\nservices not previously provided within the county, expand services\nprovided during the base year, and establish new mechanisms to\ncoordinate all existing and new services.\n  (b) Counties having an approved plan which includes one or more\ncommunity service projects shall be eligible for state aid, as provided\nin subdivision four of this section, for the provision of such projects\nidentified in such plan.\n  (c) Each community service project included in a county plan shall\nclearly specify the intended goals and objectives of such project, shall\ndescribe the elderly population the project intends to serve, shall\nspecify a timetable not to exceed three years to achieve and evaluate\nsuch goals and objectives, and shall specify proposed methods to\nevaluate the effectiveness of such project.\n  (d) The director, with the advice of the advisory committee for the\naging, shall promulgate regulations and issue guidelines for evaluating\nthe effectiveness and achievements of such community service projects,\nshall require periodic evaluations of each project, and shall make\navailable such evaluations to appropriate agencies, the governor and the\nlegislature.\n  (e) No project funded pursuant to this section shall continue beyond\nthree years, unless approved by the director after the director is\nsatisfied that the project effectively improves the delivery of services\nto the elderly based upon periodic evaluations of the project.\n  4. State aid. (a) County plans for improving the availability of\ncommunity services to the elderly:\n  (1) within the amounts appropriated therefor, counties with an\napproved county plan shall be eligible for reimbursement of one hundred\npercent of the annual approved expenditures for the preparation and\nrevision of such county plan, evaluation of projects contained within\nsuch county plan, execution of interagency agreements necessary to carry\nout the plan, actions to consolidate, combine or collocate services\nwithin the county, and such other costs of the designated agency\nnecessary to implement such county plan, provided that the total annual\namount payable to a county pursuant to this subparagraph shall not\nexceed the sum of one dollar for each elderly person residing in the\ncounty, or seventy-five thousand dollars, whichever is less, and further\nprovided that for the city of New York such amount shall not exceed one\ndollar for each elderly person residing in the city or three hundred\nseventy-five thousand dollars, whichever is less. Notwithstanding the\nforegoing limitations, counties with a population of less than twenty\nthousand elderly persons shall be eligible for reimbursement of one\nhundred percent of such annual approved expenditures provided that the\ntotal annual amount of such reimbursement per county shall not exceed\ntwenty thousand dollars.\n  (2) within the amounts appropriated therefor, a county may receive a\ngrant-in-aid of up to twenty-five per centum of the total annual amount\nthat such county is eligible to receive pursuant to subparagraph one of\nthis paragraph for the cost of preparing an initial county plan in\naccordance with this section. Such a grant-in-aid shall be available to\na county only once and shall be in addition to the reimbursement\nreceived by the county pursuant to subparagraph one of this paragraph\nfor the first program year. A request for such a grant-in-aid shall be\naccompanied by a letter of intent in the form prescribed by the director\nevidencing the commitment of the county to develop a county plan for\ncommunity services and shall be submitted to the director at least six\nmonths prior to the beginning of the first program year.\n  (b) Community service projects:\n  (1) within the amounts appropriated therefor, counties having an\napproved county plan shall be eligible for reimbursement by the state\nfor expenditures for approved community service projects pursuant to\nthis section. Such state reimbursement shall not exceed thirty-three\nthousand six hundred dollars or four dollars twenty cents for each\nelderly person residing in the county, whichever is greater. The annual\nstate reimbursement eligibility shall be at a rate of seventy-five\npercent of the total annual expenditures for such approved programs.\n  (2) the director shall provide by regulation that certain non-county\nmoneys and in-kind equivalents may be used to comprise the county share\nof such total annual approved expenditures, provided that such county\nshare shall not include cost-sharing received from elderly persons\nreceiving expanded non-medical in-home services, non-institutional\nrespite services, case management services, and ancillary services\npursuant to paragraph (k) of this subdivision or moneys received from\nthe federal government for services for the elderly allocated to the\nstates or local governments according to population or other such\nnon-competitive basis.\n  (3) the director shall provide by regulation the requirements for any\nparticipant contributions and fee schedules used for community service\nprojects and the manner for the accounting and use of any such revenue.\n  (c) Reimbursement pursuant to this section shall not be available for\nexpenditures for base year services otherwise provided without cost, or\nto replace base year expenditures made by the county or any other\nservice provider irrespective of the source of funds for such services.\n  (d) Reimbursement shall not be available to community services\nprojects funded pursuant to paragraph (b) of this subdivision or to\nexpanded non-medical in-home services, non-institutional respite\nservices, case management services, and ancillary services funded\npursuant to paragraph (j) of this subdivision for services provided to\nelderly persons who are eligible for or are receiving services to meet\ntheir needs pursuant to titles eighteen, nineteen or twenty of the\nfederal social security act or any other governmental programs or for\nservices provided to residents in adult residential care facilities\nwhich had previously been provided by the facility or which are required\nby law to be provided by such facility.\n  (e) For the purpose of determining the amount of state reimbursement\nfor which a county is eligible pursuant to this section, the last\npreceding federal census or other census data approved by the\ncomptroller shall be used. Funds appropriated by the state for the\npurpose of reimbursement for community services pursuant to this section\nshall be apportioned among the counties pursuant to the formula set\nforth in paragraph (b) of this subdivision by the director. Funds\nappropriated by the state for the purpose of reimbursement for expanded\nnon-medical in-home services, non-institutional respite services, case\nmanagement services, and ancillary services pursuant to this section\nshall be apportioned among the counties by the director pursuant to the\nformula set forth in paragraph (j) of this subdivision.\n  (f) The comptroller may withhold the payment of state aid to any\ncounty in the event that such county alters or discontinues the\noperations approved by the director pursuant to this section or\notherwise fails to comply with the regulations or requirements of the\ndirector.\n  (g) Counties shall submit claims for reimbursement after the end of\neach month or each quarter as required by and in accordance with\nprocedures prescribed by the director. Reimbursement shall be available\nfor approved expenditures incurred in accordance with an approved county\nplan for community services.\n  (h) Reimbursement pursuant to subparagraph one of paragraph (b) or\nparagraph (j) of this subdivision shall not be available for\nexpenditures for community or expanded non-medical in-home services,\nnon-institutional respite services, case management services, and\nancillary services to elderly persons in the city of New York unless\nexpenditures for such services are apportioned for services in each of\nthe counties contained within such city in a manner which the director\nhas determined by regulation substantially reflects the proportion that\nthe number of elderly persons in that county bears to the total number\nof elderly persons in the city as a whole. In determining whether\nreimbursement shall be available under paragraph (g) of this\nsubdivision, the director shall ensure that expenditures were\napportioned in accordance with the provisions of this paragraph.\n  (i) The director, within the amounts appropriated therefor and with\nthe approval of the director of the budget, may authorize a county which\nhas an approved home care plan for functionally impaired elderly to\nprovide expanded non-medical in-home services, non-institutional respite\nservices, case management services, and ancillary services pursuant to\nsuch plan. Such services shall be limited to those services necessary to\nmeet otherwise unmet needs and which support such elderly persons'\ncontinued residence in their homes. Needs will be determined pursuant to\na standardized evaluation of functional impairment, available resources\nand such other relevant factors specified pursuant to regulations\npromulgated by the director. No expanded non-medical in-home services,\nnon-institutional respite services, or ancillary services shall be\nprovided to any individual pursuant to this section unless such expanded\nnon-medical in-home services, non-institutional respite services, or\nancillary services are accompanied by ongoing case management services\nin accordance with regulations promulgated by the director.\n  (j) Within the amounts appropriated therefor, counties authorized to\nprovide expanded non-medical in-home services, non-institutional respite\nservices, case management services, and ancillary services pursuant to\nparagraph (i) of this subdivision shall be eligible for reimbursement by\nthe state of up to seventy-five percent of allowable expenditures for\napproved services pursuant to this section up to the level authorized by\nthe director. The director shall not authorize a level of state\nreimbursement pursuant to this paragraph which exceeds the sum of\nninety-one thousand two hundred fifty dollars or seven dollars thirty\ncents for each elderly person residing in the county, whichever is\ngreater, and shall proportionately reduce such sum for each county in\nany years for which appropriations are not sufficient to fully fund\napproved expanded non-medical in-home services, non-institutional\nrespite services, case management services, and ancillary services for\nfunctionally impaired elderly in all counties with approved home care\nplans; provided however that in state fiscal years beginning on or after\nthe first day of April, two thousand five, the director, with the\napproval of the director of the budget, may authorize state\nreimbursement in excess of these levels to the extent appropriations are\navailable therefor.\n  (k) The director, with the approval of the director of the budget,\nshall provide by regulation the extent of cost-sharing to be required of\nelderly persons receiving expanded non-medical in-home services,\nnon-institutional respite services, case management services, and\nancillary services pursuant to this section, which shall reflect such\nrecipients' means to pay for such services and which will not affect\ntheir ability to remain in their homes; provided however that the\ndirector shall not authorize or direct the withholding of state aid\npursuant to paragraph (f) of this subdivision prior to the first day of\nApril, two thousand five, based on any county's failure or inability to\ncomply with regulations promulgated pursuant to this paragraph. The full\namount of cost-sharing actually received by any county from elderly\npersons receiving expanded non-medical in-home services,\nnon-institutional respite services, case management services, and\nancillary services shall be used by such county to expand either such\ncounty's program of community services or such county's program of\nexpanded non-medical in-home services, non-institutional respite\nservices, case management services, and ancillary services pursuant to\nthis section.\n  (l) Reimbursement pursuant to paragraph (j) of this subdivision shall\nnot be available for expenditures for base year services otherwise\nprovided without cost, or to replace base year expenditures made by the\ncounty or any other service provider irrespective of the source of\nfunds, or to replace community services expenditures pursuant to\nparagraph (b) of this subdivision.\n  (m) Counties shall submit claims for reimbursement for expanded\nin-home services, non-institutional respite services, case management\nservices, and ancillary services to functionally impaired elderly as\nrequired by and in accordance with procedures prescribed by the\ndirector.  Reimbursement shall be available for approved expenditures\nincurred in accordance with an approved county home care plan for\nfunctionally impaired elderly to the extent the director has authorized\nstate aid for such services pursuant to paragraph (i) of this\nsubdivision.\n  (n) The director shall provide by regulation that certain non-county\nmoneys and in-kind equivalents may be used in part to compose the county\nshare of total allowable expenditures pursuant to paragraph (j) of this\nsubdivision, provided that such county share shall not include\ncost-sharing received from elderly persons receiving expanded\nnon-medical in-home services, non-institutional respite services, case\nmanagement services, and ancillary services pursuant to paragraph (k) of\nthis subdivision or moneys received from the federal government for\nservices for the elderly allocated to the states or local governments\naccording to population or other such non-competitive basis.\n  5. Contracts for services. (a) For the purposes of this section,\ncounties are authorized to contract with public agencies,\nmunicipalities, non-profit agencies, or such other entities as the\ndirector may authorize. Contracts for nursing services, home health aide\nservices, nutritional services (other than the delivery of meals),\nphysical, speech, and occupational therapy, and medical social services\nprovided pursuant to this section shall only be with certified home\nhealth agencies as defined in article thirty-six of the public health\nlaw.\n  (b) Community services provided pursuant to this section shall not be\nprovided directly by the designated agency unless approval is granted by\nthe director. Such approval may not be given by the director unless the\ndesignated agency directly provided the service prior to approval of the\nannual county plan by the director, or unless it can be shown that the\ndirect provision of a community service by the designated agency is\nnecessary due to the absence of an existing suitable provider to assure\nan adequate supply of such service, or to ensure the quality of the\nservice provided.\n  (c) Pursuant to an agreement, two or more counties may join together\nfor the purposes of this section. Such agreements shall make provision\nfor the proportionate cost to be borne by each county, the employment of\npersonnel, the receipt and disbursement of funds, and any other matters\ndeemed necessary by the director. Claims for reimbursement pursuant to\nsubdivision four of this section shall be paid to each county and shall\nbe limited to the amount to which each county would be entitled pursuant\nto such subdivision.\n  6. Implementation of home care plans. Within the amounts appropriated\ntherefor, counties authorized to provide expanded non-medical in-home\nservices, non-institutional respite services, case management services,\nand ancillary services pursuant to paragraph (i) of subdivision four of\nthis section shall be eligible for reimbursement by the state of one\nhundred percent of allowable expenditures for implementing the approved\ncounty home care plan for functionally impaired elderly, limited to a\nsum equivalent to the amount available to such county pursuant to\nsubparagraph one of paragraph (a) of subdivision four of this section.\n  7. For the purposes of obtaining state aid within the amounts\nappropriated therefor under this section, a designated agency of an\nIndian tribal organization shall qualify as though it were a designated\nagency for a county.\n
N.Y. EDN Law § 408-A — New York Code / Act EDN / Title 1 / Article 9 / Section 408-A
Plans and specifications for construction of new school buildings
Status: in_force

§ 408-a. Plans and specifications for construction of new school\nbuildings.  1. The commissioner of general services, after consultation\nwith the commissioner of education and subject to the approval of the\ndirector of the budget, shall promptly prepare or acquire as many master\nsets of complete plans and specifications for the construction of new\nschool buildings and appurtenant facilities as shall be sufficient to\nprovide at least six different master sets each for elementary, junior\nhigh and high schools, based on the number of pupils to be accommodated\ntherein. Such plans and specifications shall be prepared so as to\nprovide adequate classrooms and other necessary space and facilities at\nthe lowest cost consistent with sound construction principles and\npractices, and the attainment of educational objectives, and shall\nprovide for heating, ventilation, lighting, sanitation and health, fire\nand accident protection adequate to maintain healthful, safe, and\ncomfortable conditions therein. Such plans and specifications shall be\nso prepared that any possible future addition to any such school\nbuilding may be economically effectuated. In addition, the commissioner\nof general services shall, as often as he deems advisable but at least\nannually, review such master sets and, after consultation with the\ncommissioner of education, and subject to approval of the director of\nthe budget, may revise or cancel any of such sets or prepare new sets.\n  2. The commissioner shall cause duplicates of such master plans and\nspecifications to be made, and he shall furnish the same to any school\ndistrict making a request therefor for a reasonable charge sufficient to\ncover the cost of reproducing such plans and specifications.\n  3. Plans and specifications prepared and furnished pursuant to the\nprovisions of this section may be adopted and used in any school\ndistrict as the plans and specifications for the construction of any new\nschool building or appurtenant facility hereafter to be erected.\n  4. Nothing herein contained shall preclude any school district from\nretaining an architect and/or engineer in connection with the use of\nsuch master plans and specifications.\n
N.Y. PBH Law § 2954 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2954
Limitation on liability of network participants
Status: in_force

§  2954.  Limitation  on liability of network participants.  Neither a\nrural health network, nor any provider participating therein, whether by\nagreement or through membership or common directorates, shall be  liable\nfor claims against or for the debt or obligations of any other affiliate\nsolely  by  reason  of  affiliation  or,  in  the absence of substantial\nevidence of fraud or willful, wanton or criminal  activity  attributable\nto  the  incurring  of such claim, debt or obligation on the part of the\nentity from whom recovery is sought.\n
N.Y. LAB Law § 938 — New York Code / Act LAB / Article 32 / Title 1 / Section 938
Denial of license; complaints; notice of hearing
Status: in_force

§ 938. Denial of license; complaints; notice of hearing. 1. The\ncommissioner shall, before making a determination to deny an application\nfor a license, notify the applicant in writing of the reasons for such\nproposed denial and afford the applicant an opportunity to be heard in\nperson or by counsel prior to denial of the application. Such notice\nshall notify the applicant that a request for a hearing must be made\nwithin thirty days after issuance of such notification. If a hearing is\nrequested, such hearing shall be held at such time and place as the\ncommissioner shall prescribe.\n  2. If the applicant fails to make a written request for a hearing\nwithin thirty days after issuance of such notification, then the\nnotification of denial shall become the final determination of the\ncommissioner. The commissioner shall have subpoena powers regulated by\nthe civil practice law and rules. If, after such hearing, the\napplication is denied, written notice of such denial shall be served\nupon the applicant.\n  3. The commissioner shall, before revoking or suspending any license\nor imposing any fine as authorized by this article or reprimand on the\nholder thereof and at least ten days prior to the date set for the\nhearing, notify in writing the holder of such license, of any charges\nmade and shall afford such person an opportunity to be heard in person\nor by counsel in reference thereto. No prior notice and hearing is\nrequired before the commissioner issues an order directing the cessation\nof unlicensed activities.\n  4. Written notice must be served to the licensee or person charged.\n  5. The hearing on such charges shall be at such time and place as the\ncommissioner shall prescribe.\n
N.Y. PBH Law § 505-A — New York Code / Act PBH / Article 5 / Title 1 / Section 505-A
Purchase of certain animals for scientific tests
Status: in_force

§ 505-a. Purchase of certain animals for scientific tests. It shall be\nunlawful for any laboratory or institution approved under this article,\nto purchase any dog or cat for experimental purposes unless the seller\nthereof shall provide proof of ownership of the animal of a sufficiency\nprescribed by the commissioner. Every such laboratory or institution\nshall keep a record of each such purchase with the name and address of\nthe seller and a copy of the proof of ownership given at the time of the\ntransaction.\n
N.Y. EDN Law § 672-A — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 3 / Section 672-A
Regents professional education in optometry scholarships
Status: in_force

§ 672-a. Regents professional education in optometry scholarships.  1.\nNumber and certification. Five regents professional education in\noptometry scholarships shall be awarded each year. Such scholarships\nshall be allocated as provided in article thirteen to eligible students\nas certified to the president by the commissioner.\n  2. Duration. Such scholarship shall entitle the recipient to an award\nfor not more than four academic years while matriculated in an approved\nprogram, as defined by the commissioner pursuant to article thirteen.\n  3. Amount. The president shall make academic year awards in the amount\nof one thousand dollars, but if the income exceeds one thousand eight\nhundred dollars, the award shall be reduced by the amount of one dollar\nfor each eight dollars, or part thereof, of the excess, except that in\nno event shall the award be less than three hundred fifty dollars. If\nthe annual amount of tuition and educational fees payable by the student\nis more than three hundred fifty dollars, the award shall not exceed the\namount of such tuition and fees.\n  4. The provisions of this section shall only apply to any recipient\nwho receives his or her first award payment prior to the nineteen\nhundred eighty-five--nineteen hundred eighty-six academic year.\n