N.Y. PBH Law § 2549 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2549
Due process
Status: in_force

§ 2549. Due process.  1. If a parent disagrees with the determination\nof the evaluator or the local early intervention official with regard to\nthe eligibility for or provision of early intervention services or if\nsuch official fails to act within such period of time as may be required\nby this title or regulations of the commissioner, a parent may make a\nrequest in writing for mediation or an impartial hearing to resolve the\ndispute; provided, however, if a parent elects not to pursue mediation,\nsuch election shall not (a) preclude a parent from requesting an\nimpartial hearing or (b) constitute a failure to exhaust administrative\nremedies.\n  2. A request for mediation shall be made to the early intervention\nofficial for the municipality in which the child resides. Upon such\nrequest, the municipality shall notify a community dispute resolution\ncenter designated by the commissioner to provide mediation services for\nsuch municipality.  The community dispute resolution center shall\narrange for the mediation to be conducted at a place and time convenient\nto the parent. Such mediation shall be at no cost to the parent. If all\nparties agree to the terms of a mediation agreement, a copy of such\nagreement shall be forwarded by the community dispute resolution center\nto the participating parties and the service coordinator who shall\nincorporate the provisions of such agreement into the IFSP no later than\nfive days after receiving a copy of such agreement. If the parties are\nunable to reach agreement, in full or in part, the mediator shall inform\nthe parent of the availability of the impartial hearing procedures.\n  3. A parent may file a written request at any time for an impartial\nhearing with the commissioner or a designee provided, however, that a\nrequest for a hearing to contest a determination that a child is not\neligible for services under this title must be made within six months of\nsuch determination. Upon receipt of such request, the commissioner, or\nthe designee, shall promptly notify the parent, or a person designated\nby the parent, and other appropriate parties in accordance with the\nregulations of the commissioner. Any such notice to the parent shall be\nprovided in the native language of such person whenever practicable and,\nif not, in a manner to ensure notice to such person and shall include\nbut not be limited to:\n  (a) the procedural safeguards afforded to a parent;\n  (b) the date, time and location for the impartial hearing, which shall\nbe reasonably convenient for the parent;\n  (c) the procedures for the appointment of an impartial hearing\nofficer; and\n  (d) the right of the parent to appeal the decision of the impartial\nhearing to a court of competent jurisdiction.\n  4. After receipt of notice from the commissioner of a parent's request\nfor an impartial hearing, the early intervention official shall promptly\nnotify the parent as to whether the municipality intends to be\nrepresented by an attorney at such hearing.\n  5. The impartial hearing shall be conducted by the hearing officer in\naccordance with the regulations of the commissioner.  The hearing shall\nbe held, and a decision rendered, within thirty days after the\ndepartment receives the request for an impartial hearing except to the\nextent that the parent consents, in writing, to an extension. The\ndecision shall be in writing and shall state the reasons for the\ndecision and shall be final unless appealed by a party to the\nproceeding. A copy of the decision reached by the hearing officer shall\nbe mailed to the parent, any public or private agency that was a party\nto the hearing, the service coordinator, the department and any state\nearly intervention service agency with an interest in the decision.\nWhere ordered by the hearing officer, the service coordinator shall\nmodify the IFSP in accordance with the decision within five days after\nsuch decision.\n  6. During the pendency of any mediation or impartial hearing conducted\npursuant to this section, the child and family shall, with parental\nconsent, receive those early intervention services that are not in\ndispute or that are provided pursuant to the IFSP previously in effect.\n  7. (a) All orders or determinations made hereunder shall be subject to\nreview as provided for in article seventy-eight of the civil practice\nlaw and rules. In any proceeding under article seventy-eight of the\ncivil practice law and rules, the court may grant any relief authorized\nby the provisions of section seventy-eight hundred six of such law and\nrules and also may, in its discretion, remand the proceedings to the\ndepartment for further consideration upon a finding that any relevant\nand material evidence is then available which was not previously\nconsidered by the department.\n  (b) A parent who, after completing mediation, substantially prevails\nin an impartial hearing or a judicial challenge to an order or\ndetermination under this title shall be entitled to reimbursement for\nreasonable attorney's fees incurred in such impartial hearing or\njudicial challenge provided, however, that the parent shall only be\nentitled to reimbursement for such fees for prevailing in an impartial\nhearing if the municipality was represented by an attorney at such\nimpartial hearing.\n  8. (a) The early intervention official shall maintain the\nconfidentiality of all personally identifiable information regarding the\nchildren and families receiving early intervention services. The early\nintervention official shall ensure that no information regarding the\nconditions, services, needs, or other individual information regarding a\nchild and family is communicated to any parties other than the service\ncoordinator and service providers currently serving the child and\nfamily, without the express written consent of the parent.\n  (b) Providers of service to eligible children and families shall\nmaintain the confidentiality of all personally identifiable information\nregarding children and families receiving their services.  The provider\nshall ensure that no information regarding the condition, services,\nneeds, or any other individual information regarding a child and family\nis released to any party other than the early intervention official\nwithout the express written consent of the parent, except as\nspecifically permitted in the coordinated standards and procedures,\nwhich shall additionally ensure that the requirements of federal or\nstate law which pertain to the early intervention services of the state\nearly intervention service agencies have been maintained.\n  (c) This section shall not prohibit disclosure otherwise required by\nlaw.\n
N.Y. GMU Law § 890-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 890-A
City of Dunkirk industrial development agency
Status: in_force

* § 890-a. City of Dunkirk industrial development agency. For the\nbenefit of the city of Dunkirk and the inhabitants thereof, an\nindustrial development agency, to be known as the CITY OF DUNKIRK\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Dunkirk, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the city of Dunkirk. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 1045-R — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-R
Moneys of the authority
Status: in_force

§ 1045-r. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state\ndesignated by the authority. The moneys in such accounts shall be paid\nout on check of the treasurer upon requisition by the chairman of the\nauthority or of such other officer or officers as the authority may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of or guaranteed by the United States, or of\nthe state or of the city of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds.\nMoneys held in trust or otherwise for the payment of bonds or in any way\nto secure bonds and deposits of such moneys may be secured in the same\nmanner as moneys of the authority and all banks and trust companies are\nauthorized to give such security for such deposits.\n
N.Y. PBH Law § 1525 — New York Code / Act PBH / Article 15 / Title 2 / Section 1525
County mosquito control commission; powers and duties; entry on lands
Status: in_force

§ 1525. County mosquito control commission; powers and duties; entry\non lands.  1. Each county mosquito control commission shall use every\nmeans feasible and practicable to suppress mosquitoes, ticks, flies and\nother hominoxious arthropods of every kind requiring community action\nfor their control, and which may be found within the county for which\nsuch commission is appointed.\n  2. Such commission shall have power and authority to enter without\nhinderance upon any or all lands within the county for the purpose of\ndraining or treating the same and to perform all other acts which in its\nopinion and judgment may be necessary and proper for the elimination of\nmosquitoes or other hominoxious arthropods which may require community\naction for their control, and which may be found within such counties,\nbut such measures shall not be injurious to wild life.\n  3. Before entering upon any such lands for such purposes as outlined\nunder this section, the commission shall publish each year at least once\nduring the year, immediately following the approval of the board of\nsupervisors of its plans for work during the ensuing year as provided in\nthis article, in at least one newspaper in every town of the county\nwhere work is to be performed and in which such a paper is published, a\ngeneral description of the land where the work is to be performed, and\nin case of a town where work is to be performed by the commission and in\nwhich no newspaper is published, individual notices shall be first sent\nto every owner in such town upon whose land the commission proposes to\nenter for said purposes if the name of such owner be known; if unknown\nsuch notice shall be posted in not less than five conspicuous places in\nsuch town.\n
N.Y. RPT Law § 489-F — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-F
Relationships among elements used in computation of railroad ceiling
Status: in_force

§ 489-f. Relationships among elements used in computation of railroad\nceiling. In order to effectuate the legislative policy that the amount\nof exemptions from real property taxation granted to railroads should be\nrelated to their individual rates of earnings, and in order to provide a\nuniform and equitable method for implementing this policy, the\ncommissioner shall establish and maintain relationships among system\nreproduction cost, railway earnings, local reproduction cost and the\nstate equalization rates, so that:\n  (1) System reproduction cost, local reproduction cost and the state\nequalization rates shall be based so far as may be practicable upon the\nsame period price levels;\n  (2) System reproduction cost shall include so far as may be\npracticable the property constituting the railroad system from which the\nrailway earnings were derived for the latest year included in the\naverage railway earnings; and\n  (3) The aggregate of the local reproduction cost of each railroad\ncompany shall approximate the amount included in the system reproduction\ncost of such railroad company on account of the property included in\nsuch local reproduction costs so far as may be practicable.\n
N.Y. PBH Law § 226 — New York Code / Act PBH / Article 2 / Title 2 / Section 226
Sanitary code; filing and publication
Status: in_force

§ 226. Sanitary code; filing and publication. 1. Every regulation\nadopted by the public health and health planning council shall state the\ndate on which it takes effect, and a copy thereof, duly signed by the\nsecretary of the public health and health planning council, shall be\nfiled as a public record in the department and in the office of the\nsecretary of state.\n  2. A copy of every regulation adopted by the public health and health\nplanning council shall be sent by the commissioner to each health\nofficer within the state, and shall be published in such manner as the\npublic health and health planning council may from time to time\ndetermine.\n
N.Y. GMU Law § 751 — New York Code / Act GMU / Article 17-A / Title 2 / Section 751
Commencing the proceeding
Status: in_force

§ 751. Commencing the proceeding. 1. Two or more local government\nentities, whether within the same county or different counties, may be\nconsolidated into a single local government entity if each of the local\ngovernment entities is contiguous to at least one of the other\nconsolidating local government entities and if together the local\ngovernment entities would form a consolidated local government entity of\na kind or class that is authorized under the laws of the state of New\nYork. The requirement that local government entities be contiguous to\nconsolidate does not apply to entities other than towns and villages.\n  2. Consolidation proceedings may be commenced by either:\n  (a) a joint resolution by the governing body or bodies of the local\ngovernment entities to be consolidated endorsing a proposed joint\nconsolidation agreement; or\n  (b) elector initiative.\n
N.Y. PBH Law § 2227 — New York Code / Act PBH / Article 22 / Title 2 / Section 2227
Tuberculosis; duty of public health council
Status: in_force

§ 2227. Tuberculosis; duty of public health council.  The public\nhealth council shall include in the sanitary code regulations defining\nthe methods and precautions to be observed in disinfecting, cleansing,\nor renovating premises under the provisions of this article.\n
N.Y. RPT Law § 489-M — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-M
Railroad real property used for transportation purposes
Status: in_force

§ 489-m. Railroad real property used for transportation purposes. In\nmaking determinations as to railroad real property which is used for\ntransportation purposes, the commissioner shall consider the manner in\nwhich property is classified as property used for transportation\npurposes in accounts maintained pursuant to the uniform system of\naccounts for railroad companies as prescribed by the interstate commerce\ncommission and the commissioner of transportation and in the publication\nof the interstate commerce commission entitled "Elements of Value of\nProperty Used in Common Carrier Service" as well as information\navailable from other sources, including reports required pursuant to\nsection four hundred eighty-nine-q.\n
N.Y. EDN Law § 1911 — New York Code / Act EDN / Title 2 / Article 39 / Section 1911
Acquisition of site and erection of building
Status: in_force

§ 1911. Acquisition of site and erection of building.  1. The board of\neducation of a central high school district shall, when the site of the\nsaid high school building shall have been designated as provided herein,\nsubmit to the qualified electors of such district a proposition\nauthorizing the levy and collection of a tax, in one sum or by\ninstallments, sufficient in amount for the purchase or acquisition of\nsuch site.\n  2. The said board of education shall also submit to the qualified\nelectors of the said central high school district a proposition\nauthorizing the levy and collection of a tax, in one sum or in\ninstallments, for the erection on such site of a new building suitable\nfor high school purposes and for the construction of such improvements\nor structures on such site as may be required for the establishment and\nmaintenance of a high school in such district.\n  3. Such propositions shall be voted upon by the qualified electors of\nthe district at a meeting called by the board of education of such\ncentral high school district, and for the purpose of voting upon such\npropositions the said district shall be deemed to be a school district\nand the provisions of this chapter relative to district meetings and the\nadoption of propositions authorizing the levy of school taxes shall\napply to meetings held in such central high school district for the\npurposes herein specified.\n
N.Y. SOS Law § 461-E — New York Code / Act SOS / Article 7 / Title 2 / Section 461-E
Records and reports
Status: in_force

§ 461-e. Records and reports. 1. Every adult care facility shall\nmaintain, as public information available for public inspection under\nsuch conditions as the department shall prescribe, records containing\ncopies of the most recent inspection report pertaining to the facility\nthat has been issued by the department or social services district or to\nthe facility.\n  2. Pursuant to the provisions of article six of the public officers\nlaw, the department shall make available for public inspection copies of\nall inspection reports of adult care facilities issued by the\ndepartment.\n  3. Every adult care facility shall:\n  (a) Post in a prominent position in the facility so as to be\naccessible to all residents and to the general public, a summary of the\nmost recent inspection of such facility performed by the department or a\nsocial services district.\n  (b) Provide to any resident and each applicant for admission an\nopportunity to review the most recent inspection report pertaining to\nand issued by the department or social services district to such\nfacility.\n  4. (a) Each adult home and residence for adults except those operated\nby a social services district shall file an annual financial statement\nwith the department on or before the fifteenth day of the sixth calendar\nmonth after the close of the facility's fiscal year for which such\nreport is due, upon forms prescribed by the department and in compliance\nwith the regulations of the department. Such statement shall clearly set\nforth all financial information pertaining to the operation of such\nfacility in accordance with generally accepted accounting principles,\nincluding but not limited to the following:\n  (i) revenues and expenses by categories during such fiscal year.\n  (ii) a balance sheet of the facility as of the end of such fiscal\nyear, setting forth assets and liabilities at such date, including all\ncapital, surplus, reserve, depreciation and similar accounts.\n  (iii) a statement of operations of the facility for such fiscal year,\nsetting forth all revenues, expenses, taxes, extraordinary items and\nother credits or charges.\n  (iv) the name and address of each of the following persons:\n  (1) the operator of the facility;\n  (2) any person who, directly or indirectly, beneficially owns any\ninterest in the land on which the facility is located;\n  (3) any person who, directly or indirectly, beneficially owns any\ninterest in the building in which the facility is located;\n  (4) any person who, directly or indirectly, beneficially owns any\ninterest in any mortgage, note, deed of trust or other obligation\nsecured in whole or in part by the land on which or building in which\nthe facility is located; and\n  (5) any person who, directly or indirectly, has any interest as lessor\nor lessee in any lease or sub-lease of the land on which or the building\nin which the facility is located.\n  (v) if the facility or any person named in response to subparagraph\n(iv) of this paragraph is a partnership, then the name and home address\nof each partner.\n  (vi) if the facility or any person named in response to subparagraph\n(iv) of this paragraph is a corporation, other than a corporation whose\nshares are traded on a national securities exchange or are regularly\nquoted in an over-the-counter market or which is a commercial bank,\nsavings bank or savings and loan association, then the name and address\nof each officer, director, and each principal stockholder and\ncontrolling person of such corporation.\n  (vii) if any corporation named in response to subparagraph (iv) of\nthis paragraph is a corporation whose shares are traded on a national\nsecurities exchange or are regularly quoted in an over-the-counter\nmarket or which is a commercial bank, savings bank or savings and loan\nassociation, then the name and address of the principal executive\nofficers and each director and, if known, each principal stockholder of\nsuch corporation.\n  (viii) if the facility paid or received an aggregate of five hundred\ndollars or more during the fiscal year in connection with transactions\nwith any person named in response to subparagraph (iv), (v), (vi) or\n(vii) of this paragraph or any affiliate of said person, a description\nof the transactions, naming the parties thereto and describing the\nrelationships which require the transactions to be described and the\ngoods, services, payments or other consideration received by each party\nto the transactions. Such facility must make available to the\ndepartment, when requested, adequate documentation to support the costs\ninvolved including access to books and records related to such\ntransactions.\n  (ix) if known, the nature and amount of any interest in, or\nrelationship with, any other adult care facility, held by any person\nnamed in response to subparagraph (iv) of this paragraph, or by any\naffiliate of such person.\n  (x) the following definitions shall be applicable to this paragraph\nand to any reports filed pursuant to this paragraph:\n  (1) "affiliate" means:\n  (A) with respect to a partnership, each partner thereof;\n  (B) with respect to a corporation, each officer, director, principal\nstockholder and controlling person thereof;\n  (C) with respect to a natural person (a) each member of said person's\nimmediate family, (b) each partnership and each partner thereof of which\nsaid person or any affiliate of said person is a partner, and (c) each\ncorporation in which said person or any affiliate of said person is an\nofficer, director, principal stockholder or controlling person;\n  (2) "controlling person" of any corporation, partnership or other\nentity means any person who has the power, directly or indirectly, to\nsignificantly influence or direct the actions or policies of such\nfacility. Neither the department nor any employee of the department\nshall, by reason of his or her official position, be deemed a\ncontrolling person of any corporation, partnership or other entity;\n  (3) "immediate family" of any person includes each parent, child,\nspouse, brother, sister, first cousin, aunt and uncle of such person\nwhether such relationship arises by reason of birth, marriage or\nadoption;\n  (4) "principal stockholder" of a corporation means any person who\nbeneficially owns, holds or has the power to vote, ten percent or more\nof any class of securities issued by said corporation.\n  (xi) together with such other information as may be required by the\ndepartment.\n  Such statement shall be accompanied by an opinion signed by an\nindependent licensed accountant that such financial statement represents\nthe financial operations and position of the facility, except such\nopinion shall not be required for facilities with a capacity of nine or\nless.\n  (b) The department shall accept in full satisfaction of the provisions\nof this subdivision from operators of adult homes and residences for\nadults who are required to submit an annual report as a charitable\norganization to the secretary of state of the state of New York or are\nrequired to submit to the commissioner of the New York state department\nof health an annual report of residential health care facilities, a\ncertified copy of such report and upon request from the department an\nuncertified copy of the financial statement required to be filed with\nthe department pursuant to the provisions of this subdivision.\n  (c) The department may examine the books and records of any adult home\nor residence for adults to determine the accuracy of the annual\nfinancial statement or for any other reason deemed appropriate by the\ndepartment to effectuate the purposes of this section.\n  (d) The department shall perform on a selected sample of adult homes\nand residences for adults, a financial audit as part of the inspection\nprocedure.\n  (e) Each enriched housing program shall file financial statements with\nthe department on at least an annual basis, in accordance with\nregulations.\n  5. The department may promulgate regulations which require each adult\ncare facility to maintain the following written records and any other\nsuch records, under such conditions and for such time, as may be\nprescribed pursuant to such regulations: (i) a chronological admission\nand discharge register consisting of a listing of residents registered\nin and discharged from such facility by name, age, race or ethnicity,\nsex of resident, and place from or to which the resident is registered\nor discharged, (ii) a daily census record, (iii) a personal non-medical\nrecord for each resident, including but not limited to, identification\nof his or her next-of-kin, family and sponsor, the name and address of\nthe person or persons to be contacted in the event of an emergency, and\nall details of the referral and registration and non-medical\ncorrespondence and papers concerning the resident, (iv) a financial\nrecord for each resident, including but not limited to, copies of all\nagreements, resident account records and a current inventory of personal\nproperty being held by the operator.\n  6. No facts and information retained as part of individual resident\nrecords by an operator of an adult care facility may be released to\nanyone other than the resident, the resident's next-of-kin or authorized\nrepresentative of the resident, the operator, his employees or agents,\nor an employee or designee of the department without the written\npermission of the resident.\n  7. Nothing contained in this section shall be construed or deemed to\nrequire the public disclosure of confidential medical, social, personal\nor financial records of any resident. The department shall adopt such\nregulations as may be necessary to give effect to the provisions of this\nsection and to preserve the confidentiality of medical, social, personal\nor financial records of residents.\n  8. Nothing contained in this section shall be construed or deemed to\nrequire the disclosure of the names and addresses or other information\nthat would identify or tend to identify persons who file complaints with\nthe department concerning the operation of adult care facilities. This\nshall apply to all complaints, regardless of whether the department is\nable to substantiate the complaint. Such information shall be deemed to\nbe confidential and shall only be made available to a district attorney\nor police officer conducting a criminal investigation or prosecution\nrelating to an adult care facility and only upon the written request of\nthe investigating officer or district attorney; or to a court or to the\npresiding officer of an administrative proceeding and the parties to\nsuch proceeding if, with the consent of the persons providing such\ninformation, it is to be utilized by the department or any other state\nor local agency or subdivision in such proceeding. If a party is not\nprovided with the identity of a person providing information in\naccordance with the provisions of this section, the fact that such\nconfidential report was made shall in no way be relied upon by any court\nor presiding officer of an administrative proceeding in the course of\nreaching a determination in such proceeding. The department shall,\nconsistent with the provisions of this section, adopt such regulations\nas may be necessary to preserve the confidentiality of persons making\nsuch complaints.\n
N.Y. RPT Law § 489-EEEE — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-EEEE
Application for certificate of eligibility
Status: in_force

§ 489-eeee. Application for certificate of eligibility. 1. Application\nfor a certificate of eligibility pursuant to this title may be made\nimmediately following the effective date of a local law enacted pursuant\nto this title and continuing until June thirtieth, two thousand eight;\nprovided, however, that application for a certificate of eligibility for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (ii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nmay not be made after January thirty-first, nineteen hundred\nninety-five; provided, further, however, that application for a\ncertificate of eligibility for construction of a new building or\nstructure that meets the requirements set forth in subdivision nine of\nsection four hundred eighty-nine-dddd of this title in the new\nconstruction exemption area specified in paragraph (a) of subdivision\nsix of section four hundred eighty-nine-cccc of this title may not be\nmade after December thirty-first, nineteen hundred ninety-six; provided,\nfurther, however, that application for a certificate of eligibility for\nconstruction of a new building or structure that meets the requirements\nset forth in subdivision nine of section four hundred eighty-nine-dddd\nof this title in the new construction exemption area specified in\nparagraph (b) of subdivision six of section four hundred\neighty-nine-cccc of this title may not be made after June thirtieth, two\nthousand three. Such application shall state whether it is for\nindustrial, commercial or renovation construction work, and shall be\nfiled with the department of finance. In addition to any other\ninformation required by such department, the application shall include\ncost estimates or bids for the proposed construction and an affidavit of\na professional engineer or architect of the applicant's choice,\ncertifying that detailed plans for the construction work have been\nsubmitted to the department of buildings. Such application shall also\nstate that the applicant agrees to comply with and be subject to the\nrules issued from time to time by the department of finance to secure\ncompliance with all applicable city, state and federal laws or which\nimplement mayoral directives and executive orders designed to ensure\nequal employment opportunity. If required by local law or rule as\ndescribed in section four hundred eighty-nine-llll of this title, such\napplication shall also state that the applicant agrees to comply with\nthe program established thereby to ensure meaningful participation of\nminority and women-owned business enterprises in construction work for\nwhich the applicant receives benefits. Such application shall also\ncertify that all taxes currently due and owing on the property which is\nthe subject of the application have been paid or are currently being\npaid in timely installments pursuant to written agreement with the\ndepartment of finance.\n  2. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting an exemption from\nor abatement or deferral of payment of taxes pursuant to this title have\nbeen satisfied. The department of finance shall have the authority to\nrequire that statements in connection with the application be made under\noath.\n  3. The department of finance shall issue a certificate of eligibility\nupon determining that the applicant satisfies the requirements for\nindustrial, commercial or renovation construction work in an area where\nbenefits are available for such work. Such certificate shall state\nwhether such benefits are to be granted for industrial, commercial or\nrenovation construction work, and in which class of area the property is\nlocated. The effective date of such certificate, except as provided in\nparagraph (b) or paragraph (d) of subdivision three of section four\nhundred eighty-nine-dddd of this title, shall be the earlier of (a) the\ndate on which a building permit for the construction work is issued by\nthe department of buildings, or (b) the last day before the effective\ndate of any designation of boundaries by the commission which changes\nthe class of area in which the property is located so as to reduce the\nlevel of benefits for commercial construction work on such property.\nWhere the effective date of the certificate of eligibility is July\nfirst, nineteen hundred ninety-two or after, the benefits granted for\nindustrial, commercial or renovation construction work pursuant to this\ntitle shall be in accordance with the provisions of this title as\namended by chapter seven hundred eighty-one of the laws of nineteen\nhundred ninety-two, chapter seven hundred twenty-six of the laws of\nnineteen hundred ninety-four, chapter six hundred sixty-one of the laws\nof nineteen hundred ninety-five, chapter one hundred forty-three of the\nlaws of nineteen hundred ninety-nine, chapter one hundred three of the\nlaws of two thousand three and the chapter of the laws of two thousand\nseven which amended this subdivision. Where the effective date of the\ncertificate is June thirtieth, nineteen hundred ninety-two or before,\nthe benefits granted for industrial or commercial construction work\npursuant to this title shall be in accordance with the provisions of\nthis title as it was in effect until June thirtieth, nineteen hundred\nninety-two immediately prior to its amendment by chapter seven hundred\neighty-one of the laws of nineteen hundred ninety-two. No recipient\nwhose property is the subject of a certificate of eligibility for\ncommercial construction work in a deferral area shall be eligible to\napply for a certificate of eligibility for renovation construction work\non the same property, where the renovation construction work is the same\nas, or similar to, the commercial construction work for which the\ndeferral area certificate was issued, until three years after the\neffective date of the deferral area certificate. No recipient shall\nreceive a tax deferral and a tax exemption for the same expenditure on\neligible construction work.\n  4. A copy of the certificate of eligibility shall be filed by the\ndepartment of finance in the manner prescribed for recording a mortgage\npursuant to section two hundred ninety-one-d of the real property law.\n  5. The department of finance may provide by rule for reasonable\nadministrative charges or fees necessary to defray expenses in\nadministering the benefit program provided by this title.\n
N.Y. PBH Law § 2896-E — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-E
Issuance of license
Status: in_force

§ 2896-e. Issuance of license. 1. The board shall issue a license to\npractice nursing home administration to each candidate who meets the\nqualifications specified in section two thousand eight hundred\nninety-six-c of this title or submitted an application and qualified\nunder subdivision five of section two thousand eight hundred\nninety-six-d of this title and who has paid an initial application fee.\n  2. Each license issued shall be signed by the chairman and the\nsecretary of the board and shall bear the seal of the department.\n  3. Upon receipt of satisfactory evidence that a license has been lost,\nmutilated or destroyed, the board may issue a duplicate license upon\nsuch terms and conditions as may be required by the board and certified\nby the commissioner, and upon payment of a fee of ten dollars.\n  4. Notwithstanding the provisions of this article the board may adopt\nrules and regulations governing operation of a nursing home during\nperiods of emergency.\n
N.Y. DOM Law § 76 — New York Code / Act DOM / Article 5-A / Title 2 / Section 76
Initial child custody jurisdiction
Status: in_force

§ 76. Initial child custody jurisdiction. 1. Except as otherwise\nprovided in section seventy-six-c of this title, a court of this state\nhas jurisdiction to make an initial child custody determination only if:\n  (a) this state is the home state of the child on the date of the\ncommencement of the proceeding, or was the home state of the child\nwithin six months before the commencement of the proceeding and the\nchild is absent from this state but a parent or person acting as a\nparent continues to live in this state;\n  (b) a court of another state does not have jurisdiction under\nparagraph (a) of this subdivision, or a court of the home state of the\nchild has declined to exercise jurisdiction on the ground that this\nstate is the more appropriate forum under section seventy-six-f or\nseventy-six-g of this title, and:\n  (i) the child and the child's parents, or the child and at least one\nparent or a person acting as a parent, have a significant connection\nwith this state other than mere physical presence; and\n  (ii) substantial evidence is available in this state concerning the\nchild's care, protection, training, and personal relationships;\n  (c) all courts having jurisdiction under paragraph (a) or (b) of this\nsubdivision have declined to exercise jurisdiction on the ground that a\ncourt of this state is the more appropriate forum to determine the\ncustody of the child under section seventy-six-f or seventy-six-g of\nthis title; or\n  (d) no court of any other state would have jurisdiction under the\ncriteria specified in paragraph (a), (b) or (c) of this subdivision.\n  2. Subdivision one of this section is the exclusive jurisdictional\nbasis for making a child custody determination by a court of this state.\n  3. Physical presence of, or personal jurisdiction over, a party or a\nchild is not necessary or sufficient to make a child custody\ndetermination.\n
N.Y. PBH Law § 12-D — New York Code / Act PBH / Article 1 / Title 2 / Section 12-D
Filing of certain information by medical facilities
Status: in_force

§ 12-d. Filing of certain information by medical facilities.  1. In\nthe event a medical facility fails to file the required financial and\nstatistical reports, or specific additional data related to the rate\nsetting process, on or before the prescribed due dates, or as the same\nmay be extended by the commissioner, the commissioner shall reduce the\ncurrent rate established for payments by governmental agencies by up to\ntwo percent for a period beginning on the first day of the calendar\nmonth following the original due date of the required reports or\nadditional data and continuing until the last day of the calendar month\nin which said reports or data are filed.\n  2. If the financial and statistical reports required by this section\nare determined by the commissioner to be incomplete, inaccurate or\nincorrect, the medical facility will have thirty days from the date of\nreceipt of notification to provide the corrected or additional data.\nFailure to file the corrected or additional data that was previously\nrequired within such thirty day period, or as the same may be extended\nby the commissioner, shall result in a reduction of the current rate in\naccordance with subdivision one of this section.\n  3. For purposes of this section, "specific additional data related to\nthe rate setting process", shall mean those for use in a wage geographic\ndifferential survey, a peer grouping data survey and a medical supplies\nsurvey and a malpractice insurance survey, as well as other information\nintended for use in establishing rates. The commissioner shall supply\neach medical facility with preliminary information concerning the data\nthat will be required prior to the start of each rate period.  Failure\nto file such additional data within thirty days from the date of receipt\nof notification to supply such information, or as the same may be\nextended by the commissioner, shall result in a reduction of the current\nrate in accordance with subdivision one of this section.\n  4. For the purposes of this section, "medical facility" shall mean a\nresidential health care facility, general hospital, free-standing\nambulatory care facility, diagnostic and/or treatment center and clinic\nauthorized under article twenty-eight of this chapter, and a certified\nhome health agency and long term home health care program authorized\nunder article thirty-six of this chapter.\n
N.Y. EDN Law § 2559 — New York Code / Act EDN / Title 2 / Article 52 / Section 2559
Power of removal of member of board of education
Status: in_force

§ 2559. Power of removal of member of board of education.  For cause\nshown, and after giving notice of the charge and opportunity of defense,\nthe commissioner of education may remove any member of a board of\neducation.  Wilful disobedience of any lawful requirement of the\ncommissioner of education, or a want of due diligence in obeying such\nrequirement or wilful violation or neglect of duty, is cause for\nremoval.\n
N.Y. PBH Law § 4910 — New York Code / Act PBH / Article 49 / Title 2 / Section 4910
Right to external appeal established
Status: in_force

§ 4910. Right to external appeal established. 1. There is hereby\nestablished an enrollee's right to an external appeal of a final adverse\ndetermination by a health care plan.\n  2. An enrollee, the enrollee's designee and, in connection with\nconcurrent and retrospective adverse determinations, an enrollee's\nhealth care provider, shall have the right to request an external appeal\nwhen:\n  (a) (i) the enrollee has had coverage of a health care service, which\nwould otherwise be a covered benefit under a subscriber contract or\ngovernmental health benefit program, denied on appeal, in whole or in\npart, pursuant to title one of this article on the grounds that such\nhealth care service does not meet the health care plan's requirements\nfor medical necessity, appropriateness, health care setting, level of\ncare, effectiveness of a covered benefit, or other ground consistent\nwith 42 U.S.C. § 300gg-19 as determined by the commissioner in\nconsultation with the superintendent of financial services, and\n  (ii) the health care plan has rendered a final adverse determination\nwith respect to such health care service or both the plan and the\nenrollee have jointly agreed to waive any internal appeal, or the\nenrollee is deemed to have exhausted or is not required to complete any\ninternal appeal pursuant to section 2719 of the Public Health Service\nAct, 42 U.S.C. § 300gg-19; or\n  (b) (i) the enrollee has had coverage of a health care service denied\non the basis that such service is experimental or investigational, and\nsuch denial has been upheld on appeal under title one of this article,\nor both the plan and the enrollee have jointly agreed to waive any\ninternal appeal, or the enrollee is deemed to have exhausted or is not\nrequired to complete any internal appeal pursuant to section 2719 of the\nfederal Public Health Service Act, 42 U.S.C. § 300gg-19, and\n  (ii) the enrollee's attending physician has certified that the\nenrollee has a condition or disease (a) for which standard health\nservices or procedures have been ineffective or would be medically\ninappropriate, or (b) for which there does not exist a more beneficial\nstandard health service or procedure covered by the health care plan, or\n(c) for which there exists a clinical trial or rare disease treatment,\nand\n  (iii) the enrollee's attending physician, who must be a licensed,\nboard-certified or board-eligible physician qualified to practice in the\narea of practice appropriate to treat the enrollee's condition or\ndisease, must have recommended either (a) a health service or procedure\n(including a pharmaceutical product within the meaning of subparagraph\n(B) of paragraph (b) of subdivision five of section forty-nine hundred\nof this article) that, based on two documents from the available medical\nand scientific evidence, is likely to be more beneficial to the enrollee\nthan any covered standard health service or procedure or, in the case of\na rare disease, based on the physician's certification required by\nsubdivision seven-g of section forty-nine hundred of this article and\nsuch other evidence as the enrollee, the enrollee's designee or the\nenrollee's attending physician may present, that the requested health\nservice or procedure is likely to benefit the enrollee in the treatment\nof the enrollee's rare disease and that such benefit to the enrollee\noutweighs the risks of such health service or procedure; or (b) a\nclinical trial for which the enrollee is eligible. Any physician\ncertification provided under this section shall include a statement of\nthe evidence relied upon by the physician in certifying his or her\nrecommendation, and\n  (iv) the specific health service or procedure recommended by the\nattending physician would otherwise be covered under the policy except\nfor the health care plan's determination that the health service or\nprocedure is experimental or investigational; or\n  (c)(i) the enrollee has had coverage of the health service (other than\na clinical trial to which paragraph (b) of this subdivision shall\napply), which would otherwise be a covered benefit under a subscriber\ncontract or governmental health benefit program, denied on appeal, in\nwhole or in part, pursuant to title one of this article on the grounds\nthat such health service is out-of-network and an alternate recommended\nhealth service is available in-network, and the health plan has rendered\na final adverse determination with respect to an out-of-network denial\nor both the health plan and the enrollee have jointly agreed to waive\nany internal appeal; and\n  (ii) the enrollee's attending physician, who shall be a licensed,\nboard certified or board eligible physician qualified to practice in the\nspecialty area of practice appropriate to treat the enrollee for the\nhealth service sought, certifies that the out-of-network health service\nis materially different than the alternate recommended in-network\nservice, and recommends a health care service that, based on two\ndocuments from the available medical and scientific evidence, is likely\nto be more clinically beneficial than the alternate recommended\nin-network treatment and the adverse risk of the requested health\nservice would likely not be substantially increased over the alternate\nrecommended in-network health service.\n  (d)(i) The enrollee has had an out-of-network referral denied on the\ngrounds that the health care plan has a health care provider in the\nin-network benefits portion of its network with appropriate training and\nexperience to meet the particular health care needs of an enrollee, and\nwho is able to provide the requested health service.\n  (ii) The enrollee's attending physician, who shall be a licensed,\nboard certified or board eligible physician qualified to practice in the\nspecialty area of practice appropriate to treat the enrollee for the\nhealth service sought, certifies that the in-network health care\nprovider or providers recommended by the health care plan do not have\nthe appropriate training and experience to meet the particular health\ncare needs of an enrollee, and recommends an out-of-network provider\nwith the appropriate training and experience to meet the particular\nhealth care needs of an enrollee, and who is able to provide the\nrequested health service.\n  3. (a) The health care plan may charge the enrollee a fee of up to\ntwenty-five dollars per external appeal with an annual limit on filing\nfees for an enrollee not to exceed seventy-five dollars within a single\nplan year; provided that, in the event the external appeal agent\noverturns the final adverse determination of the plan, such fee shall be\nrefunded to the enrollee. Notwithstanding the foregoing, the health plan\nshall not require the enrollee to pay any such fee if the enrollee is a\nrecipient of medical assistance or is covered by a policy pursuant to\ntitle one-A of article twenty-five of this chapter. Notwithstanding the\nforegoing, the health plan shall not require the enrollee to pay any\nsuch fee if such fee shall pose a hardship to the enrollee as determined\nby the plan.\n  (b) The health care plan may charge the enrollee's health care\nprovider a fee of up to fifty dollars per external appeal, other than\nfor an external appeal requested pursuant to paragraph (b) or (c) of\nsubdivision four of section forty-nine hundred fourteen of this article;\nprovided that, in the event the external appeal agent overturns the\nfinal adverse determination of the plan, such fee shall be refunded to\nthe enrollee's health care provider.\n  4. An enrollee covered under the Medicare or Medicaid program may\nappeal the denial of a health care service pursuant to the provisions of\nthis title, provided, however, that any determination rendered\nconcerning such denial pursuant to existing federal and state law\nrelating to the Medicare or Medicaid program or pursuant to federal law\nenacted subsequent to the effective date of this title and providing for\nan external appeal process for such denials shall be binding on the\nenrollee and the insurer and shall supersede any determinations rendered\npursuant to this title.\n
N.Y. PBH Law § 2998 — New York Code / Act PBH / Article 29-D / Title 2 / Section 2998
Patient safety center
Status: in_force

§ 2998. Patient safety center. 1. There is established within the\ndepartment a patient safety center, referred to in this article as "the\ncenter".\n  2. The purpose of the center is to maximize patient safety, reduce\nmedical errors, and improve the quality of health care by improving\nsystems of data reporting, collection, analysis and dissemination, and\nto improve public access to health care information not otherwise\nrestricted.\n
N.Y. EDN Law § 2030 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2030
Ballot box; voting booth
Status: in_force

§ 2030. Ballot box; voting booth.  1. The trustee, board of trustees,\nor board of education, shall, at the expense of the district, provide a\nsuitable box, or boxes, in which the ballots, folded so as to conceal\nthe marking thereon, shall be deposited as they are received.\n  2. In all union free school districts the board of education, shall,\nat the expense of the district, provide a voting booth, or booths, and\nvoters shall be required to enter such booth, or booths, for the purpose\nof marking their ballots.\n
N.Y. PBH Law § 4911 — New York Code / Act PBH / Article 49 / Title 2 / Section 4911
Powers of the commissioner
Status: in_force

§ 4911. Powers of the commissioner. 1. The commissioner shall have the\npower to grant and revoke certifications of external appeal agents to\nconduct external appeals requested pursuant to either paragraph (a) or\n(b) of subdivision two of section forty-nine hundred ten of this title\nor pursuant to both such paragraphs.\n  2. If, after reviewing the application authorized by section\nforty-nine hundred twelve of this title, the commissioner is satisfied\nthat the applicant meets the requirements of this section, the\ncommissioner shall issue a certificate to the applicant. A certificate\nissued under this section shall be valid for a period of not more than\ntwo years.\n  3. In order to be re-certified, an external appeal agent must\ndemonstrate to the commissioner on forms prescribed by the commissioner\nthat it continues to meet all applicable standards required by this\ntitle. Re-certification under this section shall be valid for a period\nof not more than two years.\n
N.Y. EDN Law § 2109 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2109
Refusal of trustee to serve
Status: in_force

§ 2109.  Refusal of trustee to serve.  A trustee of a common school or\nunion free school district who publicly declares that he will not accept\nor serve in the office of trustee, or refuses or neglects to attend\nthree successive meetings of the board, of which he is duly notified,\nwithout rendering a good and valid excuse therefor to the other trustees\nvacates his office by refusal to serve.\n
N.Y. RSS Law § 15 — New York Code / Act RSS / Article 2 / Title 2 / Section 15
State supervision
Status: in_force

§ 15. State supervision. The retirement system continued by this\narticle shall be subject to the supervision of the superintendent of\nfinancial services. Such supervision shall be in accordance with the\nprovisions of the insurance law to the extent that such provisions are\napplicable to the retirement system and are not inconsistent with the\nprovisions of this article.\n
N.Y. EDN Law § 1807 — New York Code / Act EDN / Title 2 / Article 37 / Section 1807
Transportation of school children
Status: in_force

§ 1807. Transportation of school children.  1. The commissioner of\neducation shall have power in any such central school district to\nrequire the payment by the district of such expense of transportation of\nschool children to and from the schools they legally attend within the\ndistrict as in his judgment such transportation is required because of\nthe remoteness of the school to the pupil or for the promotion of the\nbest interests of such children and the same shall be a charge upon the\ndistrict.\n  2. In any part of the city school district of the city of Syracuse for\nwhich transportation of school children is not provided and which the\nboard of education of such district shall have designated as an area\npresenting a danger or hazard to school children walking to and from\nschool, such board may provide transportation for such school children\nto and from the school they legally attend within the district and the\ncost of such transportation shall be a charge upon the district.\n
N.Y. EDN Law § 2590-K — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-K
Contracts with city university of New York for administration of high schools
Status: in_force

§ 2590-k. Contracts with city university of New York for\nadministration of high schools.  1. The city board and the city\nuniversity of New York are hereby authorized and empowered to enter into\na contract or contracts whereby such university will administer not more\nthan five high schools under the jurisdiction of the city board selected\nfrom among those schools which exhibit the greatest degree of\ndisadvantage as measured by such factors as the proportion of students\nearning general diplomas, the percentage of students reading below grade\nlevel, the attrition rate, the proportion of students residing in\nofficially designated poverty areas, and similar measures.\n  2. Such contract may provide for the delegation by the city board of\nany of its functions, powers, and duties or of a community board, or\nthose of the chancellor or a community superintendent, in connection\nwith the operation of such high schools, to the city university of New\nYork, except the power to appoint or terminate the employment of any\nemployee.  The terms and conditions of employment shall continue to\nremain under the jurisdiction of the city board.\n  3. The provisions of section sixty-two hundred nine of this chapter\nwith respect to the apportionment of public school moneys shall be\napplicable to the high schools included in any such contract or\ncontracts.\n
N.Y. PBH Law § 12-C — New York Code / Act PBH / Article 1 / Title 2 / Section 12-C
Obstructing health officer in performance of his duty
Status: in_force

§ 12-c. Obstructing health officer in performance of his duty.  A\nperson who wilfully opposes or obstructs a health officer or physician\ncharged with enforcement of the health laws, in performing any legal\nduty, is guilty of a misdemeanor.\n
N.Y. RPT Law § 485-V*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 485-V*2
Residential and mixed-use investment exemption; certain cities and school districts
Status: in_force

*§ 485-v. Residential and mixed-use investment exemption; certain\ncities and school districts. 1. As used in this section: (a)\n"residential and mixed-use real property" means any structure containing\none to four units of which one unit may be for commercial or retail use,\nand the remaining units shall be for residential use; and\n  (b) "construction" means the creation, modernization, rehabilitation,\nexpansion or other improvement of any structure but shall not include\nordinary maintenance or repairs.\n  2. Residential and mixed-use real property constructed on or after the\nfirst day of July, two thousand twenty-one located in a city with a\npopulation of not less than fifty thousand and not more than fifty-one\nthousand, based upon the two thousand ten federal census, shall be\nexempt from city, county and school taxation as provided in this\nsection.\n  3. (a) (i) Such real property shall be exempt for a period of four\nyears to the extent of one hundred per centum of the increase in\nassessed value thereof attributable to such construction and for an\nadditional period of eleven years provided, however, that the extent of\nsuch exemption shall be decreased by twenty-five per centum in year\nfive, ten per centum in each year six through year nine, and five per\ncentum each year during such additional period of six years and such\nexemption shall be computed with respect to the exemption base. The\nexemption base shall be the increase in assessed value as determined in\nthe initial year of such fifteen-year period following the filing of an\noriginal application, except as provided in subparagraph (ii) of this\nparagraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll, excluding any additional value\nderived from any physical or quantity changes to the parcel since the\nimmediately preceding assessment roll, and the denominator of which\nshall be the total assessed value of the parcel on the immediately\npreceding final assessment roll. The result shall be the new exemption\nbase. The exemption shall thereupon be recomputed to take into account\nthe new exemption base, notwithstanding the fact that the assessor\nreceives the certification of the change in level of assessment after\nthe completion, verification and filing of the final assessment roll. In\nthe event the assessor does not have custody of the roll when such\ncertification is received, the assessor shall certify the recomputed\nexemption to the local officers having custody and control of the roll,\nand such local officers are hereby directed and authorized to enter the\nrecomputed exemption certified by the assessor on the roll. The assessor\nshall give written notice of such recomputed exemption to the property\nowner, who may, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the\ncity, county and school district tax exemption:\n  Year of exemption Percentage of exemption\n  1       100%\n  2       100%\n  3       100%\n  4       100%\n  5       75%\n  6       65%\n  7       55%\n  8       45%\n  9       35%\n  10      30%\n  11      25%\n  12      20%\n  13      15%\n  14      10%\n  15      5%\n  (b) No such exemption shall be granted unless:\n  (i) such construction was commenced on or after the first day of July,\ntwo thousand twenty-one or such later date as may be specified by\nresolution;\n  (ii) the residential and mixed-use real property is situated in a city\nwith a population of not less than fifty thousand and not more than\nfifty-one thousand, based upon the two thousand ten federal census;\n  (iii) the cost of such construction exceeds the sum of seventy\nthousand dollars;\n  (iv) the property is located within the eligibility area, as\ndesignated by being located within the following U.S. census tracts:\n  (A) Tract 401;\n  (B) Tract 402;\n  (C) Tract 403;\n  (D) Tract 404;\n  (E) Tract 405;\n  (F) Tract 406;\n  (G) Tract 409;\n  (H) Tract 410; and\n  (v) such construction is completed as evidenced by a certificate of\noccupancy or other appropriate documentation as provided by the owner.\n  4. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a city with a population\nof not less than fifty thousand and not more than fifty-one thousand,\nbased upon the two thousand ten federal census, on or before the\nappropriate taxable status date of such city and within one year from\nthe date of completion of such construction.\n  5. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation by the city, and taxation by the county in which such city is\nlocated if such county passes a local law to provide for such exemption,\nand taxation by any school district which serves such city if such\nschool district passes a resolution to provide for such exemption. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease to be applied to\nthe property commencing with the immediately following assessment roll.\n  7. In the event that the real property is sold or the deed is\ntransferred to a new owner or ownership entity differing in ownership or\nmembers, the exemption granted pursuant to this section shall cease to\nbe applied to the property commencing on the immediately following\nassessment roll.\n  8. The exemption established pursuant to this section shall not apply\nto special assessments or special ad valorem levies on the property.\n  * NB There are § 485-v's\n
N.Y. PBH Law § 3428 — New York Code / Act PBH / Article 34 / Title 2 / Section 3428
Funeral directing; registration of licenses; fees
Status: in_force

§ 3428. Funeral directing; registration of licenses; fees. 1. (a)\nEvery person who, within the state, practices as a funeral director,\nundertaker or embalmer and every person, partnership or corporation who\nor which owns or operates within the state a funeral firm as herein\ndefined shall biennially apply to the department for an appropriate\ncertificate of registration and report, in a statement subscribed and\naffirmed as true under the penalties of perjury, any facts requested by\nthe department.\n  (b) Such report by a corporation also shall set forth the name,\nresidence address and title of each of its officers and directors and\nthe name and residence address of each stockholder and other person,\nfirm and corporation having a ten per centum or greater proprietary,\nbeneficial, equitable or credit interest therein.\n  (c) Every such report also shall contain a statement as to whether the\napplicant and, if a partnership, any partner and, if a corporation, any\nof the officers, directors, stockholders or other persons, firms or\ncorporations required to be listed therein had been convicted of a crime\nin the two year period immediately preceding the date of such\napplication. Such statement shall identify such crime and the\njurisdiction involved and the disposition of the charge.\n  (d) Every such report shall contain a statement as to whether the\napplicant and, if a partnership, any partner and, if a corporation, any\nof the officers, directors, stockholders or other persons, firms or\ncorporations required to be listed therein, or any funeral firm with\nwhich such applicant, partner, officer, director, stockholder, person,\nfirm or corporation has been affiliated, has been found in violation of\nthe provisions of this article or any statute, rule or regulation\nrelating to funeral directing. Such statement shall identify such\nstatute, rule or regulation and the disposition of any proceeding\nthereon.\n  (e) In addition to such report, every person, partnership or\ncorporation herein required to apply for a certificate shall without\ndelay inform the department by written statement of his conviction, or\nof the conviction of any member of the partnership, or, if a\ncorporation, of the conviction of any of its officers, directors,\nstockholders or other persons, firms or corporations required to be\nreported as provided by paragraph (b) of this subdivision.\n  (f) In addition to any report required pursuant to this section, every\nperson, partnership or corporation herein required to apply for a\ncertificate of registration pursuant to this article shall provide\nnotice to the department of the proposed: (i) sale or transfer of all or\nsubstantially all of the assets of a funeral firm, (ii) the sale or\ntransfer of a controlling interest of such funeral firm, or (iii) the\ntermination of the business of such funeral firm where there is no\ntransferee of assets or stock. For purposes of this section, the term\n"controlling interest" shall mean a fifty-one percent interest in a\npartnership or fifty-one percent of the issued and outstanding shares of\nstock of a corporation. In the case of subparagraphs (i) and (ii) of\nthis paragraph, such notice to the department shall identify the\ntransferee or transferees of the assets or controlling interest and\ncontain a listing of the names and addresses of the persons who\ndeposited moneys with the funeral firm pursuant to section four hundred\nfifty-three of the general business law, and the amount to be\ntransferred to the transferee or transferees. In the case of the\ntermination, cessation of operation or discontinuation of the firm where\nthere is no transferee, such notice shall contain a listing of the names\nand addresses of the persons who deposited funds with the funeral firm,\nthe amount held in trust by such funeral firm and the proposed\ndisposition of the moneys so held by such funeral firm. All such notices\nshall be provided to the department not less than ten days after the\nsale or transfer of such funeral firm or not less than thirty days prior\nto the termination, cessation of operation or discontinuation of the\nbusiness of such funeral firm.\n  2. (a) An undertaker or embalmer shall pay to the department a\nbiennial registration fee of sixty-two dollars and fifty cents.\n  (b) A funeral director shall pay a biennial registration fee of one\nhundred twenty-five dollars; however, initial registration shall not\nrequire such fee.\n  (c) Only a registered funeral firm may operate, or engage in the\nbusiness and practice of funeral directing. Said business and practice\nmust be conducted from an approved funeral establishment. In the event a\nfuneral firm conducts its business from more than one funeral\nestablishment, the firm must be registered from each such establishment.\nIn the event more than one firm conducts its business from the same\nfuneral establishment, each firm must be registered from the\nestablishment and have an individual manager representing that firm at\nthat establishment. The initial registration fee for each required\nregistration is four hundred dollars for the period ending with the then\ncurrent biennial registration period, and the biennial registration fee\nthereafter is three hundred dollars.\n  (d) The owner of a funeral firm shall pay a registration fee of one\nhundred dollars for the amendment of a certificate of registration to\nindicate a change of location, change of manager or change in firm name\nthereof.\n  (e) For failure to register, an additional fee of ten dollars for each\ndelay of thirty days or part thereof beyond the first day of the\nbiennial registration period shall be added to the regular fee. The\ncommissioner may, for good cause shown, waive or compromise all or any\npart of this additional fee.\n  3. (a) Upon verification of the statements thus reported and the\nreceipt of the requisite fee, the commissioner shall issue a certificate\nof registration; except that, in those instances where a conviction\nshall have been reported as herein required, or upon other proof\nthereof, and in the case of a funeral firm where an applicant or, if a\npartnership, any partner or, if a corporation, any of its officers,\ndirectors, stockholders or other persons, firms or corporation required\nto be reported as provided by paragraph (b) of subdivision one of this\nsection, or any funeral firm with which such applicant, partner,\nofficer, director, stockholder, person, firm or corporation has been\naffiliated, has committed repeated violations of the provisions of this\narticle or any statute, rule or regulation relating to funeral\ndirecting, or has committed a significant violation, as defined by the\ncommissioner pursuant to rule and regulation, of the provisions of this\narticle or any statute, rule or regulation relating to funeral\ndirecting, the commissioner may deny an application for a certificate.\n  (b) The commissioner shall afford the applicant an opportunity to be\nheard at a hearing, on due notice, conducted in accordance with the\nprovisions of this chapter, prior to the issuance of any order or\ndetermination denying such application.\n  4. The commissioner shall establish by rule and regulation the\nbeginning date of the biennial registration period. In the event that a\nchange in the established beginning date of the biennial registration\nperiod requires an adjustment in the duration of a registration period,\nthere shall be a proportionate adjustment in the prescribed fee.\n  5. Each licensee who applies for registration as a funeral director,\nundertaker or embalmer during the second year of a biennial registration\nperiod shall pay a fee of twenty-five dollars for funeral director\nregistration or twelve dollars and fifty cents for undertaker\nregistration, and twelve dollars and fifty cents for embalmer\nregistration. However, initial registration for funeral directors shall\nnot require such fee.\n  6. If any funeral director, undertaker or embalmer continues to\npractice, or any owner continues to operate a funeral firm, without\nregistration, as herein provided, his license or business registration\nmay be suspended or revoked by the department in accordance with the\nprovisions of this article.\n  7. A funeral director, undertaker or embalmer who has been heretofore\nduly licensed and registered to practice in this state whose license\nshall not have been revoked or suspended, and who either before or after\nregistration as required by this section shall have temporarily\nabandoned the practice of funeral directing, undertaking or embalming,\nor shall have removed from the state, may register within the state upon\ncomplying with the provisions of this section for registration, and\nalso, filing with the department a statement of such facts subscribed\nand affirmed by him as true under the penalties of perjury.\n  8. Every funeral director, undertaker or embalmer shall communicate\nwith the department in the event that the application blank for\nregistration fails to reach them.\n  9. A funeral director, undertaker or embalmer who has been heretofore\nduly licensed and registered to practice in this state whose license\nshall not have been revoked or suspended and who no longer practices\nfuneral directing, may apply for an inactive certificate of\nregistration. The fee for an inactive certificate of registration shall\nbe the same amount as the regular certificate of registration. Upon\ncomplying with the provisions of this section and section three thousand\nfour hundred twenty-nine of this title for registration, a regular\ncertificate of registration shall be reinstated. An inactive registrant\nshall be considered duly licensed and registered solely for the purposes\nof section three thousand four hundred forty-three of this article,\nprovided, however, that any such registrant using his or her name in any\nadvertising or promotional materials shall disclose their inactive\nstatus in such materials.\n
N.Y. GMU Law § 911-C — New York Code / Act GMU / Article 18-A / Title 2 / Section 911-C
Town of Montgomery industrial development agency
Status: in_force

* § 911-c. Town of Montgomery industrial development agency. For the\nbenefit of the Town of Montgomery and the inhabitants thereof, an\nindustrial development agency, to be known as the TOWN OF MONTGOMERY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the town of Montgomery. The agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 489-J — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-J
Exemption factor
Status: in_force

§ 489-j. Exemption factor. (a) In accordance with the policy of\ngranting increasingly greater exemptions as the rate of earnings of a\nrailroad company declines, the exemption factor for each railroad\ncompany shall be determined in accordance with its earnings ratio. For\neach railroad company the percentage indicated under "exemption factor"\nin the following table opposite the earnings ratio of such company shall\nbe the exemption factor. If the earnings ratio of a railroad company\ndoes not coincide with a specific earnings ratio indicated in the table,\nthe exemption factor for such company shall be determined by\ninterpolation to the nearest tenth of one percent.\n      Earnings Ratio                         Exemption Factor\n        (Percent)                               (Percent)\n           10                                      0\n            9                                      5\n            8                                     10\n            7                                     15\n            6                                     20\n            5                                     30\n            4                                     40\n            3                                     50\n            2                                     60\n            1                                     80\n            0                                     80\n  (b) Notwithstanding the provisions of subdivision (a) of this section,\nfor purposes of determining railroad ceilings for intrastate railroads\nfor assessment rolls completed in two thousand three and thereafter, the\npercentage indicated under "exemption factor" in the table in this\nsubdivision opposite the earnings ratio of the railroad company shall be\nthe exemption factor for each railroad company. If the earnings ratio of\na railroad company does not coincide with a specific earnings ratio\nindicated in the table in this subdivision, the exemption factor for\nsuch company shall be determined by interpolation to the nearest\nhundredth of one percent.\n          Earnings Ratio                Exemption Factor\n             (Percent)                     (Percent)\n               12                              0\n               11                              5\n               10                             10\n                9                             15\n                8                             20\n                7                             25\n                6                             30\n                5                             35\n                4                             40\n                3                             50\n                2                             60\n                1                             80\n                0                             85\n  (c) Notwithstanding the provisions of subdivision (b) of this section,\nwhenever it shall appear that an exemption factor is decreasing more\nthan one-tenth from the exemption factor established in the prior year,\nsuch decrease may not exceed one-tenth.\n
N.Y. PBA Law § 1045-Z — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-Z
Limited liability
Status: in_force

§ 1045-z. Limited liability. Neither the members of the authority nor\nof the water board, nor any officer or employee of the authority nor the\nwater board acting in behalf thereof, while acting within the scope of\nhis authority, shall be subject to any liability resulting from (i) the\nconstruction, ownership, maintenance or operation of any project\nfinanced with the assistance of the authority, (ii) the construction,\nownership, maintenance or operation of any sewerage system or facility\nor water system or facility owned by the water board, or (iii) carrying\nout any of the powers expressly given in this title. A director, officer\nor employee of the authority shall be deemed an "employee" for the\npurposes of section fifty-k of the general municipal law, provided,\nhowever that any director, either appointed by the governor or an\nemployee of the state shall be deemed an "employee" for the purposes of\nsection eighteen of the public officers law for any actions relating to\ntheir activities as a director of the authority created by this title.\n
N.Y. PBA Law § 3155 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3155
Reporting requirements
Status: in_force

§ 3155. Reporting requirements. 1. The foundation shall submit an\nannual report, beginning on the first of February, two thousand seven,\nto the governor, the speaker of the assembly, and the temporary\npresident of the senate on the operations and accomplishments of: (a)\neach program it administers, (b) all programs authorized by this\narticle, and (c) in cooperation with the urban development corporation,\nthe centers of excellence created by section three of part T of chapter\neighty-four of the laws of two thousand two.\n  2. The annual report shall provide, but not be limited to, the\nfollowing information:\n  (a) for the research development program and the James D. Watson\ninvestigator program, authorized under sections two hundred nine-p and\ntwo hundred nine-s of the executive law, the amount of the award, the\nname of the institution receiving the award, the name of the faculty\nmember or investigator hired and his or her significant academic\naccomplishments, the research funds awarded and the number of graduate\nstudents or research personnel collaborating with the award recipient;\n  (b) for each award under all other programs:\n  (i) the amount of state funds and any federal, local, or private\nmatching funds, including in-kind contributions;\n  (ii) a description of the project and any activities undertaken\nincluding, if applicable, the identification of any collaborating\nprivate sector partners;\n  (iii) the number of full-time public, private, and nonprofit sector\njobs created and/or retained in the state as a direct result of\nactivities undertaken with state funds, and the methodology utilized to\ndetermine such number;\n  (iv) the number of start-up businesses created and existing businesses\nassisted as a direct or indirect result of the award;\n  (v) the extent to which the project has or will lead to an increase in\nthe pool of venture capital for a specific technology that is of\nimportance to the industry in this state;\n  (vi) the actual or anticipated invention, development, or refinement\nof any new products and processes with commercial application of\nimportance to the industries in the state;\n  (vii) any outreach to the surrounding communities to encourage or\naccommodate economic growth;\n  (viii) a description of any relationships with elementary and\nsecondary schools and community colleges designed to foster student\ninterest in scientific and technical careers or provide workforce\ntraining;\n  (ix) the terms of each research sponsorship agreement, intellectual\nproperty ownership agreement, intellectual property license agreement,\nor any other agreements entered into between the state funded research\ninstitutions and each research partner in the preceding calendar year\nregarding any provisions for financial return to the university, the\nstate and to research partners, including, but not limited to, the\namount of up front royalty income to the state funded institution, any\nmilestone payments due to the state funded institution, and, the\npercentage of royalties due to the state funded institutions;\n  (x) number of patents awarded to the college or university as a direct\nresult of research related to the award and income generated from the\nlicensure or sale of such intellectual property; and\n  (xi) any other information deemed appropriate by the director.\n
N.Y. EDN Law § 1612 — New York Code / Act EDN / Title 2 / Article 33 / Section 1612
Payment by trustee to successor
Status: in_force

§ 1612. Payment by trustee to successor.  An outgoing trustee shall\nforthwith pay, to his successor or any other trustees of the district in\noffice, all moneys in his hands belonging to the district.\n
N.Y. PBA Law § 1040 — New York Code / Act PBA / Article 5 / Title 2 / Section 1040
Remedies of bondholders
Status: in_force

* § 1040. Remedies of bondholders. 1. If, and to the extent, and in\nthe events, provided in the resolution authorizing the bonds, the\nholders of not less than twenty-five per centum in the aggregate\nprincipal amount of bonds at any time outstanding, may by instrument or\ninstruments filed in the office of the clerk of the county of Albany and\nproved or acknowledged in the same manner as a deed to be recorded,\nappoint a trustee to represent all the bondholders for the purposes\nhereafter provided, which trustee or successor trustee may, however, be\nremoved or a new trustee appointed at any time by the holders of not\nless than fifty-one per centum of such bonds by similar instrument or\ninstruments so filed, and so proved or acknowledged. Subject to such\nauthorizing resolution, such trustee may, and upon written request of\nthe holders of not less than twenty-five per centum in principal amount\nof the bonds then outstanding shall, in his or its name:\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority and the\nmembers or officers thereof to collect rates and other revenue adequate\nto carry out any agreements as to, or pledge of, such rates and revenue,\nand to require the authority and members or officers thereof to carry\nout any other agreements with the bondholders and to perform its and\ntheir duties under this title;\n  (b) bring suit upon the bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders;\n  (e) after thirty days' notice in writing to the authority and if, and\nin the events, specified in the resolution, declare all bonds due and\npayable, and thereafter if, and in the events, specified in the\nresolution, annul such declaration and its consequences.\n  2. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders and the venue\nthereof shall be laid in Albany county.\n  3. Subject to the authorizing resolution, any such trustee, whether or\nnot all bonds have been declared due and payable, shall be entitled as\nof right to the appointment of a receiver who may enter and take\npossession of the properties of the authority or any part or parts\nthereof and operate and maintain the same and collect and receive all\nrates, charges and other revenues thereafter arising therefrom and\nexercise such other powers of the authority as the court may deem\nadvisable in the same manner as the authority itself might do and shall\ndeposit all such moneys in a separate account and apply the same in such\nmanner as the court shall direct. In any suit, action or proceeding by\nthe trustee the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany rates, charges and other revenues derived from such properties.\n  * NB Terminated July 1, 1963\n
N.Y. GMU Law § 925-P*2 — New York Code / Act GMU / Article 18-A / Title 2 / Section 925-P*2
Town of Clifton Park industrial development agency
Status: in_force

* § 925-p. Town of Clifton Park industrial development agency. For the\nbenefit of the town of Clifton Park and the inhabitants thereof, an\nindustrial development agency, to be known as the CLIFTON PARK\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Clifton Park, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the town of Clifton\nPark. The agency, its members, officers and employees and its operations\nand activities shall in all respects be governed by the provisions of\ntitle one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n  * NB There are 2 § 925-p's\n
N.Y. SOS Law § 473-B — New York Code / Act SOS / Article 9-B / Title 2 / Section 473-B
Reporting of endangered adults; persons in need of protective services
Status: in_force

§ 473-b. Reporting of endangered adults; persons in need of protective\nservices. Any person who in good faith believes that a person eighteen\nyears of age or older may be an endangered adult or in need of\nprotective or other services, pursuant to this article, and who, based\non such belief either:\n  (a) reports or refers such person to the department, office for the\naging, or any local social services district office or designated area\nagency on aging, law enforcement agency, or any other person, agency or\norganization that such person, in good faith, believes will take\nappropriate action; or\n  (b) testifies in any judicial or administrative proceeding arising\nfrom such report or referral shall have immunity from any civil\nliability that might otherwise result by reason of the act of making\nsuch report or referral or of giving of such testimony.\n
N.Y. PBH Law § 2551 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2551
Coordinated standards and procedures
Status: in_force

§ 2551. Coordinated standards and procedures. 1. The state early\nintervention service agencies shall jointly establish coordinated\nstandards and procedures for:\n  (a) early intervention services and evaluations;\n  (b) child find system and public awareness program; and\n  (c) programs and services, operating under the approval authority of\nany state early intervention service agency, which include any early\nintervention services or evaluations.\n  2. Such coordinated standards and procedures shall be designed to:\n  (a) enhance the objectives of this title, including the provision of\nservices in natural environments to the maximum extent possible;\n  (b) minimize duplicative and inconsistent regulations and practices\namong the state early intervention service agencies;\n  (c) conform, to the extent appropriate, to existing standards and\nprocedures of state early intervention service agencies; and\n  (d) ensure that persons who provide early intervention services are\ntrained, or can demonstrate proficiency in principles of early childhood\ndevelopment.\n  3. Coordinated standards and procedures may include guidelines\nsuggesting appropriate early intervention services for enumerated\ndisabilities that are most frequently found in eligible children.\n  4. Coordinated standards and procedures may encompass or allow for\nagreements among two or more such agencies.\n  5. Any standards promulgated by regulation or otherwise by any state\nearly intervention service agency governing early intervention services\nor evaluations shall be consistent with the coordinated standards and\nprocedures.\n  6. In the event of an inability to agree upon any coordinated standard\nor procedure, any state early intervention service agency may refer the\nissue to the early intervention coordinating council for its advice with\nrespect to the standard or procedure which the council shall provide to\nthe early intervention service agencies affected by the issue. The\ncommissioner, after obtaining such advice, shall adopt an appropriate\nstandard or procedure, provided however, that the commissioner may adopt\nan interim standard or procedure while awaiting such advice.\n  7. The early intervention service agencies, in consultation with the\ndirector of the budget, shall, where appropriate, require as a condition\nof approval that evaluators and providers of early intervention services\nparticipate in the medical assistance program.\n  8. The coordinated standards and procedures shall permit such\nevaluators and providers of services to rely on subcontracts or other\nwritten agreements with qualified professionals, or agencies employing\nsuch professionals, provided that such professionals perform their\nresponsibilities in conformance with regulations of the commissioner and\nthat providers and evaluators fully disclose any such arrangements,\nincluding any financial or personal interests, on all applications for\napproval.\n  9. Coordinated standards and procedures may identify circumstances and\nprocedures under which an evaluator or service provider may be\ndisqualified under this title, including procedures whereby a\nmunicipality may request such disqualification.\n
N.Y. EDN Law § 1507 — New York Code / Act EDN / Title 2 / Article 31 / Section 1507
Alteration by consent
Status: in_force

§ 1507. Alteration by consent.  1. With the written consent of the\ntrustees of all the districts to be affected thereby, the district\nsuperintendent may make an order altering the boundaries of any school\ndistrict within his jurisdiction, and fix in such order a day when the\nalteration shall take effect.\n  2. With the written consent of the board of education of a union free\nschool district having a population of forty-five hundred or more, and\nemploying a superintendent of schools, and the written consent of the\nboard of education or trustees of a district in a supervisory district\nadjoining such union free school district, the district superintendent\nhaving jurisdiction may make an order altering the boundaries of such\ndistricts, and fix in such order a day when the alteration shall take\neffect.\n
N.Y. PBH Law § 11 — New York Code / Act PBH / Article 1 / Title 2 / Section 11
Rules and regulations of the department; evidence
Status: in_force

§ 11. Rules and regulations of the department; evidence.  1. The rules\nand regulations of the department promulgated pursuant to the provisions\nof this chapter may be read in evidence from the official compilation of\ncodes, rules and regulations of the state of New York, or supplement\nthereto. To entitle any copy of the said rules and regulations, other\nthan those in the official compilation or supplement thereto, to be read\nin evidence there shall be contained in the same book or pamphlet a\nprinted certificate of the secretary of state that such copy is a\ncorrect transcript of the text of the said rules and regulations as\npublished in the official compilation or supplement thereto. For such a\ncertificate the secretary of state shall collect such a fee as he shall\ndeem just and reasonable.\n  2. All regulations of the department on file in the department and in\nthe office of the secretary of state on the date when this chapter takes\neffect shall continue to be binding and in force except as may be\ninconsistent with this chapter and as amended or repealed from time to\ntime.\n
N.Y. EDN Law § 2215 — New York Code / Act EDN / Title 2 / Article 45 / Section 2215
General powers and duties of district superintendent
Status: in_force

§ 2215. General powers and duties of district superintendent. A\ndistrict superintendent of schools shall have power and it shall be his\nduty: 1.  To inquire from time to time into and ascertain whether the\nboundaries of the school districts within his supervisory district are\ndefinitely and plainly described in the records of the office of the\nproper town clerk; to cause to be made and filed in the education\ndepartment a record of such boundaries; and in case the record of the\nboundaries of any school district shall be found indefinite or\ndefective, or if the same shall be in dispute, then to cause the same to\nbe amended or an amended record of the boundaries to be made and filed\nin the office of the proper town clerk and in the education department.\nAll necessary expenses incurred in making and filing such records and in\nestablishing such amended records shall be a charge on the district or\ndistricts affected, to be audited and allowed by the trustees thereof,\non the certificate of the district superintendent.\n  2. To assemble all the teachers of his district by towns or otherwise,\nfor the purpose of conference on the course of study, for reports of and\nadvice and counsel in relation to discipline, school management and\nother school work, and for promoting the general good of all the schools\nof the district. Teachers shall be entitled to compensation for days\nactually in attendance upon such conference.\n  3. To hold meetings of trustees and other school officers and to\nadvise with and counsel them in relation to their powers and duties and\nparticularly in relation to the repair, construction, heating,\nventilating and lighting of schoolhouses and improving and adorning the\nschool grounds. To especially advise trustees relative to the employment\nof teachers, the adoption of textbooks and the purchase of library\nbooks, school apparatus, furniture and supplies.\n  6. At the direction of the commissioner, to direct the trustees of any\ndistrict to abate any nuisance in or on the school grounds.\n  7. To approve the amount of or the corporate sureties on official\nundertakings of treasurers and collectors of school districts, where\nsuch approval is required pursuant to law.\n  8. At the direction of the commissioner, to condemn a schoolhouse as\nprovided in section four hundred twelve of this chapter.\n  9. To examine and license teachers pursuant to the provisions of this\nchapter. He shall also conduct such other examinations as the\ncommissioner of education shall direct.\n  10. To examine any charge affecting the moral character of any teacher\nresiding or employed within his district, and to revoke such teachers'\ncertificate as provided by section three thousand eighteen of this\nchapter.\n  11. To take affidavits and administer oaths in all matters pertaining\nto the public school system, but without charge or fee.\n  12. To take and report to the commissioner of education under the\ndirection of such commissioner testimony in a case on appeal. In such a\ncase or in any matter or proceeding to be heard or determined by the\ndistrict superintendent, he may issue a subpoena to compel the\nattendance of a witness. A subpoena issued under this section shall be\nregulated by the civil practice law and rules.\n  13. To exercise in his discretion any of the powers and perform any of\nthe duties of another district superintendent on the written request of\nsuch other superintendent, and he must exercise such powers and perform\nsuch duties when directed to do so by the commissioner of education.\n  14. To make such investigations and to make such reports to the\ncommissioner of education upon any matter or act as said commissioner\nshall from time to time request. He shall make an annual report on the\nfirst day of August in such form and giving such information as the\ncommissioner of education shall require.\n  15. To participate in the permanent computerized statewide school\ndistrict address match and income verification system as provided in\nsection one hundred seventy-one of the tax law, and cooperative\nagreement pursuant thereto and as directed by the commissioner.\n  16. To report to the commissioner under the direction of such\ncommissioner on cost-effective practices as defined in section two\nhundred fifteen-c of this chapter in school districts within his or her\nsupervisory district.\n  17. To determine the adequacy and appropriateness of the facilities\nspace available to house special education programs in the geographic\narea served by the board of cooperative educational services, consistent\nwith the least restrictive environment requirement and to ensure the\nstability and continuity of program placements for students with\ndisabilities, including procedures that ensure that special education\nprograms and services located in appropriate facilities will not be\nrelocated without adequate consideration of the needs of participating\nstudents with disabilities.\n
N.Y. PBA Law § 3413 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3413
Agreement with county
Status: in_force

§ 3413. Agreement with county.  Except where required to act pursuant\nto law, the county is authorized to pledge to and agree with the holders\nof any bonds issued by the corporation pursuant to this title and with\nthose persons or public corporations who may enter into contracts with\nthe corporation pursuant to the provisions of this title that the county\nwill not alter, limit or impair the rights hereby vested in the\ncorporation to purchase, construct, own and operate, maintain, repair,\nimprove, reconstruct, renovate, rehabilitate, enlarge, increase and\nextend, or dispose of any project, or any part or parts thereof, for\nwhich bonds of the corporation shall have been issued, to establish and\ncollect rates, rents, fees and other charges referred to in this title,\nto fulfill the terms of any agreements made with the holders of the\nbonds or with any public corporation or person with reference to such\nproject or part thereof, or in any way impair the rights and remedies of\nthe holders of bonds, until the bonds, together with interest thereon,\nincluding interest on any unpaid installments of interest, and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof the holders of bonds, are fully met and discharged and such contracts\nare fully performed on the part of the corporation.\n
N.Y. PBA Law § 526 — New York Code / Act PBA / Article 3 / Title 2 / Section 526
Definitions
Status: in_force

§ 526. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context,\n  1. The term "authority" shall mean the New York State Bridge Authority\ncreated by section five hundred twenty-seven of this chapter;\n  2. The term "commissioner" shall mean the commissioner of\ntransportation in the department of transportation;\n  3. The term "department" shall mean the state department of\ntransportation;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "Franklin Delano Roosevelt Mid-Hudson bridge" shall be\ndeemed to mean the bridge constructed pursuant to chapter nine hundred\nof the laws of nineteen hundred twenty-three, as amended;\n  6. The term "Rip Van Winkle bridge" shall be deemed to mean the bridge\nconstructed across the Hudson river north of the village of Catskill and\nsouth of the city of Hudson;\n  7. The term "Bear Mountain bridge" shall be deemed to mean the bridge\nconstructed by the Bear Mountain Hudson River Bridge Company, pursuant\nto chapter three hundred and fifty-eight of the laws of nineteen hundred\ntwenty-two.\n  7-a. The term "Hamilton Fish Newburgh-Beacon bridge" shall be deemed\nto mean both spans of the bridge constructed across the Hudson river\nbetween a location in the vicinity of the city of Newburgh and a\nlocation in the vicinity of the city of Beacon;\n  7-b. The term "walkway over the Hudson bridge" shall be deemed to mean\nthe Poughkeepsie-Highland railroad bridge which was constructed across\nthe Hudson river north of the Franklin Delano Roosevelt Mid-Hudson\nbridge.\n  8. The term "Kingston-Rhinecliff bridge" shall be deemed to mean the\nbridge constructed across the Hudson river within five miles of the city\nof Kingston;\n  9. The term "bridges" shall be deemed to mean collectively Mid-Hudson\nbridge, Rip Van Winkle bridge, Bear Mountain bridge, Kingston-Rhinecliff\nbridge, both spans of the Hamilton Fish Newburgh-Beacon bridge, walkway\nover the Hudson bridge, and incidental roads, approaches, structures and\nfacilities;\n  10. The terms "bonds" and "notes" shall mean bonds and notes,\nrespectively, issued by the authority pursuant to this title;\n  11. The term "comptroller" shall mean the state comptroller.\n
N.Y. RPT Law § 532 — New York Code / Act RPT / Article 5 / Title 2 / Section 532
Certain state lands subject to taxation for all purposes
Status: in_force

§ 532. Certain state lands subject to taxation for all purposes. The\nfollowing state lands shall be subject to taxation for all purposes:\n  (a) All wild or forest lands owned by the state within the forest\npreserve;\n  (b) All wild or forest lands owned by the state in the towns of Altona\nand Dannemora, Clinton county, except the lands in the town of Dannemora\nupon which buildings and inclosures are erected and maintained by the\nstate for the use of state institutions;\n  (c) All state lands located within the boundaries of the Allegany\nstate park in the county of Cattaraugus, exclusive of the improvements\nthereon;\n  (d) All lands in the counties of Rockland and Putnam acquired for a\npublic use by the state, exclusive of the improvements erected thereon\nby the state;\n  (e) All lands in the counties of Rockland and Sullivan and in the\ntowns of Blooming Grove, Chester, Monroe, Warwick, Cornwall, Highlands,\nTuxedo and Woodbury, Orange county, and in the towns of Gardiner,\nRochester, Shawangunk and Wawarsing, Ulster county, acquired for a\npublic use by the commissioners of the Palisades Interstate park,\nexclusive of the improvements erected thereon by the state;\n  (f) All lands acquired or leased by the state pursuant to chapter one\nhundred forty-eight of the laws of eighteen hundred seventy-eight for\nthe construction and management of a railroad from Lake Champlain to\nClinton prison;\n  (g) All lands owned by the state, including lands leased from the\nUnited States for a term of fifty years or more, for use by the\nconservation department as a fish hatchery, game farm, game management\narea, game refuge or for reforestation purposes, exclusive of the\nimprovements erected thereon by the state, in the following towns:\n      County                        Town\n      Chenango                     Otselic\n                                   Pharsalia\n                                   Sherburne\n      Jefferson                    Antwerp\n                                   Brownville\n                                   Lorraine\n                                   Worth\n      Lewis                        Montague\n      Livingston                   Conesus\n                                   Livonia\n                                   Springwater\n                                   West Sparta\n      Ontario                      Canadice\n                                   Richmond\n      Oswego                       Redfield\n      Otsego                       Morris\n                                   Pittsfield\n      Rensselaer                   Berlin\n                                   Stephentown\n      Steuben                      Wayland\n      Washington                   Argyle\n                                   Ft. Edward\n                                   Kingsbury\n      Yates                        Italy\n  Except, however, for the towns of Conesus, Canadice and Richmond the\nprovisions of this subdivision shall only apply to lands acquired by the\nstate on or after December fifteenth, nineteen hundred eighty-nine.\n  (h) All lands owned by the state, in the Bashakill wetland properties\nlocated in the town of Mamakating in Sullivan county.\n  (i) All lands owned by the state in the Neversink Gorge areas in the\nSullivan County towns of Forestburgh, Thompson, and Mamakating.\n  (j) All lands owned by the state pursuant to subdivision two of\nsection two hundred eight of the racing, pari-mutuel wagering and\nbreeding law located within the counties of Nassau, Queens and Saratoga,\ninclusive of the improvements erected thereon.\n  (k) Land owned by the state situate in the towns of McDonough and\nPreston in the county of Chenango, constituting a portion of Bowman Lake\nState Park, the title to which was vested in the state on February\ntwenty-first, two thousand seventeen, exclusive of the improvements\nerected thereon.\n  (l) lands owned by the state and acquired pursuant to the provisions\nof title twenty-one of article fifteen of the environmental conservation\nlaw exclusive of the improvements erected thereon erected by the\nregulating districts.\n
N.Y. GMU Law § 903-E — New York Code / Act GMU / Article 18-A / Title 2 / Section 903-E
City of Schenectady industrial development agency
Status: in_force

* § 903-e. City of Schenectady industrial development agency. For the\nbenefit of the city of Schenectady and the inhabitants thereof, an\nindustrial development agency, be known as the CITY OF SCHENECTADY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Schenectady, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the city of\nSchenectady. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. VAT Law § 219 — New York Code / Act VAT / Title 2 / Article 2 / Section 219
Interstate compacts
Status: in_force

§ 219. Interstate compacts. Whenever any provision of this chapter\nshall provide for or establish a compact or reciprocal recognition of\nvehicle registrations with another state or states, the governor or\ncommissioner may enter into a written agreement or compact with any\nstate authorized to be a party to such compact or affected by such\nreciprocal provisions, provided that the conditions and terms of such\nagreement or compact are consistent with the provisions of this chapter\npertaining to such compact or reciprocal recognition of vehicle\nregistrations.\n
N.Y. GMU Law § 893-C — New York Code / Act GMU / Article 18-A / Title 2 / Section 893-C
Town of Addison industrial development agency
Status: in_force

* § 893-c. Town of Addison industrial development agency. For the\nbenefit of the town of Addison and the inhabitants thereof, an\nindustrial development agency, to be known as the TOWN OF ADDISON\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Addison, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Addison. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expired per § 856\n
N.Y. MDW Law § 56 — New York Code / Act MDW / Article 3 / Title 2 / Section 56
Frame buildings and extensions
Status: in_force

§ 56. Frame buildings and extensions. 1. Except as provided in section\none hundred ninety-three and subdivision seven of this section, no frame\nmultiple dwelling shall be erected and no frame dwelling not used as a\nmultiple dwelling on April eighteenth, nineteen hundred twenty-nine,\nshall be altered or converted to such use or occupancy.\n  2. No existing frame multiple dwelling shall be increased in height\nnor shall it be altered to permit a greater occupancy on any story than\nprovided for on April eighteenth, nineteen hundred twenty-nine; except\nthat, if the walls of such a frame dwelling are faced with brick veneer\nor with another material or combination of materials having a fire\nresistive rating of at least one hour, and the entrance story thereof is\noccupied by not more than one family, such entrance story may be altered\nso that it may be occupied by not more than two families.\n  3. No frame building of any kind whatsoever shall be placed or built\nupon the same lot with any multiple dwelling.\n  4. No multiple dwelling shall be placed or built upon the same lot\nwith any frame building.\n  5. No frame multiple dwelling, no wooden structure of any kind or\nclass on the same lot with any frame dwelling or with any multiple\ndwelling, and no other building on the same lot with any frame dwelling,\nshall be altered or converted so as to be enlarged, extended or\nincreased in height or bulk or in the number of rooms, apartments or\ndwelling units therein; except that:\n  a. An extension seventy square feet or less in ground area the side\nwalls of which are of frame and brick filled or of masonry construction\nmay be added to any existing frame multiple dwelling if used solely for\nbathrooms or waterclosets; and\n  b. An extension constructed with fireproof walls may be made to a\nframe building if the first story of such extension is used solely for\nbusiness not prohibited by any local law or ordinance, or if such\nextension contains not more than one living room on any story. No yard\nor court shall be diminished by such extension so that its area or least\ndimension is less than required by this chapter for a yard or court of a\nmultiple dwelling erected after April eighteenth, nineteen hundred\ntwenty-nine.\n  6. None of the provisions of this section shall apply to dwellings\nerected under the provisions of article five-a of this chapter.\n  7. In any city the department may approve for any such dwelling three\nstories or less in height, the alteration and conversion of that portion\nof said dwelling used as a store or other non-residential use to no more\nthan one additional dwelling unit; provided, however, that: (a) such\nspace has been vacant for at least one year, and (b) such space has a\nminimum of three hundred square feet of floor area, and (c) the\nconversion must be for a class "A" use, and (d) said unit shall contain\na cooking space and a complete bathroom, and (e) all walls and ceilings\nof the new dwelling unit shall be fire-retarded with one hour rated\nfire-retarding materials, and (f) the height and bulk of the dwelling\nshall not be increased, and (g) the dwelling will be in full compliance\nwith this chapter and other related and local ordinances, except that\nthe owner of said dwelling shall be entitled to consideration for\nvariances permitted in subdivision one and subparagraph five of\nparagraph a of subdivision two of section three hundred ten of this\nchapter for multiple dwellings and buildings existing prior to November\nfirst, nineteen hundred forty-nine.\n
N.Y. EDN Law § 2557 — New York Code / Act EDN / Title 2 / Article 52 / Section 2557
Purchase and sale of real property
Status: in_force

§ 2557. Purchase and sale of real property.  The board of education\nmay purchase real property for any of the purposes authorized by law and\nshall take title thereof in the name of the city, which shall hold said\nproperty in trust for the use of such school district and the city is\nhereby empowered to sell and convey the same when it deems it for the\ninterest of such school district, and when the owner of such property\nrefuses to sell the same or such board is unable to agree with the owner\nof such property on the purchase price thereof, it shall have the power\nand authority to institute such proceedings and take any action\nnecessary to acquire title to such property under and pursuant to the\nprovisions of the eminent domain procedure law,  except that in a city\nin which the common council, board of contract and supply or other city\nofficers or body were authorized and empowered by law to acquire title\nto real property for school purposes under the laws in force on June\neighth, nineteen hundred seventeen, said council, board, officers or\nbody shall continue to possess such powers and shall exercise the same,\nincluding the power to acquire real property for said purposes except\nfurther that such real property shall be acquired pursuant to the\neminent domain procedure law.\n
N.Y. EDN Law § 1501 — New York Code / Act EDN / Title 2 / Article 31 / Section 1501
Existing school districts continued
Status: in_force

§ 1501. Existing school districts continued.  1. All school districts\norganized either by special laws or pursuant to the provisions of a\ngeneral law are hereby continued.\n  2. a. Common school districts and union free school districts so\norganized may be altered or dissolved as provided in this article.\n  b. Notwithstanding any other provision of this chapter or of any other\ngeneral or special law to the contrary, all school districts which do\nnot maintain a home school on March first, nineteen hundred sixty-six,\nand had not prior to October first, nineteen hundred sixty-five voted to\nreopen such home school and expended monies for construction or\nrehabilitation of such home school, provided that they are contiguous,\neither directly, or through other such districts, to a union free,\ncentral or city school district maintaining a twelve grade school system\n(not counting kindergarten) and with which such school districts are\nscheduled to be reorganized pursuant to the state plan for school\ndistrict reorganization under section three hundred fourteen of this\nchapter, are hereby abolished as of July first, nineteen hundred\nsixty-nine, and are hereby made a part of such contiguous union free,\ncentral or city school district. The provisions of section fifteen\nhundred fourteen, fifteen hundred seventeen and fifteen hundred eighteen\nof this chapter shall apply in all such cases.\n  c. Notwithstanding the provisions of paragraph b of this subdivision,\nany such district desiring a change in such state plan may petition the\ncommissioner for such change as provided in section three hundred\nfourteen of this chapter. The status of such district shall be\nmaintained pending such proceeding, and if any other such district or\ndistricts is or are contiguous to a union free, central or city school\ndistrict only through such petitioning district, then and in that event,\nthe status of such other district or districts shall also be maintained\npending such proceeding. The petitioning district and such other\ndistrict or districts contiguous with a union free, central or city\nschool district only through such petitioning district shall become a\npart of such other union free, central or city school district as the\ncommissioner or the court may order; in such case the provisions of\nparagraph b of this subdivision shall become applicable, and the\nabolition of such school districts shall become effective as of July\nfirst next following the final determination of the petition; if, in\nsuch case, any other school district or districts indirectly contiguous\nto such union free, central or city school district loses its contiguity\ntherewith, the commissioner or the court, as the case may be, in the\norder, shall make an appropriate disposition of such district or\ndistricts.\n  3. Central school districts may be organized under and are subject to\nthe provisions of article thirty-seven.\n  4. Central high school districts may be altered under and are subject\nto the provisions of article thirty-nine.\n
N.Y. RPT Law § 483 — New York Code / Act RPT / Article 4 / Title 2 / Section 483
Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands
Status: in_force

§ 483. Exemption from taxation of structures and buildings essential\nto the operation of agricultural and horticultural lands. 1. Structures\nand buildings essential to the operation of lands actively devoted to\nagricultural or horticultural use and actually used and occupied to\ncarry out such operation which are constructed or reconstructed\nsubsequent to January first, nineteen hundred sixty-nine and prior to\nJanuary first, two thousand twenty-nine shall be exempt from taxation to\nthe extent of any increase in value thereof by reason of such\nconstruction or reconstruction for a period of ten years.\n  2. The term "structures and buildings" shall include: (a) permanent\nand impermanent structures, including trellises and pergolas, made of\nmetal, string or wood, and buildings or portions thereof used directly\nand exclusively in the raising and production for sale of agricultural\nand horticultural commodities or necessary for the storage thereof, but\nnot structures and buildings or portions thereof used for the processing\nof agricultural and horticultural commodities, or the retail\nmerchandising of such commodities; (b) structures and buildings used to\nprovide housing for regular and essential employees and their immediate\nfamilies who are primarily employed in connection with the operation of\nlands actively devoted to agricultural and horticultural use, but not\nincluding structures and buildings occupied as a residence by the\napplicant and his immediate family; (c) structures and buildings used as\nindoor exercise arenas exclusively for training and exercising horses in\nconnection with the raising and production for sale of agricultural and\nhorticultural commodities or in connection with a commercial horse\nboarding operation as defined in section three hundred one of the\nagriculture and markets law. For purposes of this section, the term\n"indoor exercise arenas" shall not include riding academies or dude\nranches; (d) structures and buildings used in the production of maple\nsyrup; (e) structures and buildings used in the production of honey,\nroyal jelly, bee pollen, propolis and beeswax including those structures\nand buildings used for the storage of bees. For purposes of this\nsection, this shall not include those structures or buildings and\nportions thereof used for the sale of maple syrup or sale of honey and\nbeeswax.  The term "structures and buildings" shall not include silos,\nbulk milk tanks or coolers, or manure storage, handling and treatment\nfacilities as such terms are used in section four hundred eighty-three-a\nof this title.\n  3. The term "lands actively devoted to agricultural or horticultural\nuse" shall mean lands not less than five acres in area actually used in\nbona fide agricultural and horticultural production and operation\ncarried on for profit.\n  4. Such exemption from taxation shall be granted only upon an\napplication by the owner of the building or structure on a form\nprescribed by the commissioner. The applicant shall furnish such\ninformation as the commissioner shall require. Such application shall be\nfiled with the assessor of the city, town, village or county having the\npower to assess property for taxation on or before the appropriate\ntaxable status date of such city, town, village or county and within one\nyear from the date of completion of such construction or reconstruction.\n  5. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he shall approve the application.\nSuch structures or buildings shall be exempt from taxation as herein\nprovided.\n  6. The assessed value of any exemption granted pursuant to this\nsection shall be entered by the assessor on the portion of the\nassessment roll provided for property exempt from taxation. An exemption\ngranted pursuant to this section shall continue only while the buildings\nand structures are actually used and occupied as provided herein, but in\nno event for more then ten years.\n  7. In the event that land or buildings or structures in agricultural\nor horticultural use are converted to non-agricultural or\nnon-horticultural use during the period of an exemption granted pursuant\nto this section, the structures or buildings upon which the exemption\nwas granted shall be subject to roll-back taxes for the period during\nwhich the exemption was operative. Structures and buildings subject to\nroll-back taxes shall be taxed as provided herein.\n  (a) Notwithstanding any limitations contained in section five hundred\nfifty of this chapter, the assessors of the appropriate assessing unit\nshall enter on the taxable portion of the assessment roll of the current\nyear the assessed valuation or valuations of the structures or buildings\non which exemption was granted in any prior year or years at the\nassessed valuation or valuations as set forth on the exempt portion of\nthe assessment roll or rolls.\n  (b) The amount of roll-back taxes shall be computed by the appropriate\ntax levying body by applying the applicable tax rate for each such prior\nyear to the assessed valuation, as set forth on the exempt portion of\nthe assessment roll, for such structures or buildings for each such\nprior year during such period of exemption.\n  (c) Such roll-back taxes shall be levied and collected in the same\nmanner and at the same time as other taxes are imposed and levied on\nsuch roll.\n  8. As used in this section, the term "agricultural and horticultural"\nshall include the activity of raising, breeding and boarding of\nlivestock, including commercial horse boarding operations.\n
N.Y. PBA Law § 3403 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3403
Transfer of officers and employees; civil service
Status: in_force

§ 3403. Transfer of officers and employees; civil service. 1. (a) On\nthe effective date of the transfer of the facilities and operations of\nthe county to the corporation pursuant to an agreement between the\ncounty and the corporation as authorized in this title, officers and\nemployees employed in a department or agency of the county shall become\nofficers and employees of the corporation with equivalent offices,\npositions and employment therewith and shall be deemed public officers\nor public employees for all purposes.\n  (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of any facilities and operations of the\ncounty pursuant to an agreement between the county and the corporation\nas authorized in this title, any other officer or employee of the county\nmay, at the request of the corporation and with the consent of the\ncounty executive and the officer or employee, be transferred to the\ncorporation and shall be eligible for such transfer and appointment,\nwithout further examination, to applicable offices, positions and\nemployment under the corporation.\n  (c) Any person who, at the time he or she becomes an officer or\nemployee of the Nassau Health Care Corporation pursuant to paragraph (a)\nor (b) of this subdivision, has a temporary or provisional appointment\nshall be transferred subject to the same right of removal, examination\nor termination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n  (d) There shall be no layoffs of any officers or employees of the\nNassau Health Care Corporation which are a direct consequence of the\nenactment of this title. There shall be a presumption that any layoffs\noccurring more than twenty-four months after the effective transfer date\ndescribed in subdivision one of this section shall be deemed not to be\nsuch a direct consequence.\n  (e) Nothing contained in this section shall be construed to prevent\nthe elimination of any service at any time as a result of the\nelimination of state or federal assistance, the elimination of available\nrevenue reimbursement, loss of certification or licensure, or loss of\nfinancial viability.\n  2. The corporation shall recognize the existing certified or\nrecognized employee organizations for those persons who become employees\nof the Nassau Health Care Corporation pursuant to paragraph (a) or (b)\nof subdivision one of this section as the exclusive collective\nbargaining representatives for such employees, who shall remain in the\nexisting bargaining unit. The corporation shall be bound by all existing\ncollective bargaining agreements with such employee organizations; all\nexisting terms and conditions of employment shall remain in effect until\naltered by the terms of a successor contract; successor employees to the\npositions held by such employees shall, consistent with the provisions\nof article fourteen of the civil service law, be included in the same\nunit as their predecessors. Employees serving in positions in newly\ncreated titles shall be assigned to the appropriate bargaining unit.\nNothing contained herein shall be construed to affect:\n  (a) the rights of employees pursuant to a collective bargaining\nagreement;\n  (b) the representational relationships among employee organizations or\nthe bargaining relationships between the county, state and an employee\norganization; or\n  (c) existing law with respect to an application to the public\nemployment relations board seeking designation by the board that certain\npersons are managerial or confidential. Nothing herein shall preclude\nthe merger of negotiating units of employees with the consent of the\nrecognized or certified representatives of such units.\n  3. The salary or compensation of any such officer or employee, after\nsuch transfer, shall be paid by the corporation. The corporation shall,\nupon transfer, acknowledge and give credit for all leave balances held\nby such officers and employees on the date of transfer.\n  4. The corporation shall be subject to the civil service law.\n
N.Y. LAB Law § 417 — New York Code / Act LAB / Article 15 / Title 2 / Section 417
Ventilation
Status: in_force

§ 417. Ventilation. An air current sufficient to remove smoke and\nnoxious gases and to insure the safety of every employee shall be\nconducted along every passageway and working place.\n
N.Y. DOM Law § 76-C — New York Code / Act DOM / Article 5-A / Title 2 / Section 76-C
Temporary emergency jurisdiction
Status: in_force

§ 76-c. Temporary emergency jurisdiction. 1. A court of this state has\ntemporary emergency jurisdiction if the child is present in this state\nand the child has been abandoned or it is necessary in an emergency to\nprotect the child, a sibling or parent of the child.\n  2. If there is no previous child custody determination that is\nentitled to be enforced under this article and a child custody\nproceeding has not been commenced in a court of a state having\njurisdiction under sections seventy-six through seventy-six-b of this\ntitle, a child custody determination made under this section remains in\neffect until an order is obtained from a court of a state having\njurisdiction under sections seventy-six through seventy-six-b of this\ntitle. Where the child who is the subject of a child custody\ndetermination under this section is in imminent risk of harm, any order\nissued under this section shall remain in effect until a court of a\nstate having jurisdiction under sections seventy-six through\nseventy-six-b of this title has taken steps to assure the protection of\nthe child. If a child custody proceeding has not been or is not\ncommenced in a court of a state having jurisdiction under sections\nseventy-six through seventy-six-b of this title, a child custody\ndetermination made under this section becomes a final determination, if\nit so provides and this state becomes the home state of the child.\n  3. If there is a previous child custody determination that is entitled\nto be enforced under this article, or a child custody proceeding has\nbeen commenced in a court of a state having jurisdiction under sections\nseventy-six through seventy-six-b of this title, any order issued by a\ncourt of this state under this section must specify in the order a\nperiod that the court considers adequate to allow the person seeking an\norder to obtain an order from the state having jurisdiction under\nsections seventy-six through seventy-six-b of this title. The order\nissued in this state remains in effect until an order is obtained from\nthe other state within the period specified or the period expires,\nprovided, however, that where the child who is the subject of a child\ncustody determination under this section is in imminent risk of harm,\nany order issued under this section shall remain in effect until a court\nof a state having jurisdiction under sections seventy-six through\nseventy-six-b of this title has taken steps to assure the protection of\nthe child.\n  4. A court of this state which has been asked to make a child custody\ndetermination under this section, upon being informed that a child\ncustody proceeding has been commenced in, or a child custody\ndetermination has been made by, a court of a state having jurisdiction\nunder sections seventy-six through seventy-six-b of this title, shall\nimmediately communicate with the other court. A court of this state\nwhich is exercising jurisdiction pursuant to sections seventy-six\nthrough seventy-six-b of this title, upon being informed that a child\ncustody proceeding has been commenced in, or a child custody\ndetermination has been made by, a court of another state under a statute\nsimilar to this section shall immediately communicate with the court of\nthat state to resolve the emergency, protect the safety of the parties\nand the child, and determine a period for the duration of the temporary\norder.\n
N.Y. PBA Law § 840 — New York Code / Act PBA / Article 4 / Title 2 / Section 840
Inconsistent provisions in other acts superseded
Status: in_force

§ 840. Inconsistent provisions in other acts superseded. In so far as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general, special or local, the provisions of this title shall\nbe controlling.\n
N.Y. PBH Law § 1524 — New York Code / Act PBH / Article 15 / Title 2 / Section 1524
County mosquito control commission; employees; duties and compensation
Status: in_force

§ 1524. County mosquito control commission; employees; duties and\ncompensation.  1. Each county mosquito control commission, may, with the\napproval of the board of supervisors of the county, appoint and employ\nsuch clerks, assistants, inspectors and day laborers as may be necessary\nto carry out the provisions of this article.\n  2. The compensation of such employees shall be fixed by the board of\nsupervisors of the county.\n  3. The commission shall prescribe the duties and hours of employment\nof clerks and assistants and make all rules and regulations respecting\nthe same and furnish them with necessary and proper facilities.\n
N.Y. PBH Law § 227 — New York Code / Act PBH / Article 2 / Title 2 / Section 227
Sanitary code; certified copy; evidence
Status: in_force

§ 227. Sanitary code; certified copy; evidence.  The sanitary code may\nbe read in evidence from the official compilation of codes, rules and\nregulations of the state of New York, or supplement thereto. To entitle\nany copy of the sanitary code, other than the official compilation or\nsupplement thereto, to be read in evidence there shall be contained in\nthe same book or pamphlet a printed certificate of the secretary of\nstate that such copy is a correct transcript of the text of the sanitary\ncode as published in the official compilation or supplement thereto. For\nsuch a certificate the secretary of state shall collect such a fee as he\nshall deem just and reasonable.\n
N.Y. ENV Law § 71-0203 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0203
Uniform appearance ticket and simplified information
Status: in_force

§ 71-0203. Uniform appearance ticket and simplified information.\n  1. The commissioner shall prescribe the form of an appearance ticket\nand simplified information for all cases involving a violation of any\nprovision of this chapter or of any rule, regulation or order adopted or\npromulgated thereunder, or of any class or category of such cases, and\nto establish procedures for proper administrative controls over the\ndisposition thereof.\n  2. The chief executive officer of each local police force including\ncounty, town, city and village police departments, sheriffs and the\nsuperintendent of state police shall prepare or cause to be prepared\nsuch records and reports as may be prescribed hereunder.\n  3. The commissioner shall have the power to adopt such rules and\nregulations as may be deemed necessary to accomplish the purposes and\nenforce the provisions of this section including requirements for\nreporting by trial courts having jurisdiction over such offenses.\n  4. Any person who disposes of any uniform appearance ticket and\nsimplified information in any other manner than that prescribed by law,\nrule or regulation shall be guilty of a class B misdemeanor.\n  5. The provisions of this section shall not apply to any offense for\nwhich a uniform summons and complaint is prescribed by the commissioner\nof motor vehicles pursuant to section two hundred seven of the vehicle\nand traffic law or by the commissioner of parks and recreation pursuant\nto article twenty-seven of the parks and recreation law.\n
N.Y. RPT Law § 489-PP — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-PP
Estimated railroad ceiling
Status: in_force

§ 489-pp. Estimated railroad ceiling. Upon application of a county,\ncity, town, village, school district or special district, the\ncommissioner shall establish estimated railroad ceilings for the\nassessment roll or rolls used thereby. Such estimated railroad ceilings\nmay be used in computation of average full valuation for tax and debt\nlimit purposes in accordance with the provisions of section 2.00 of the\nlocal finance law.\n
N.Y. EDN Law § 2515 — New York Code / Act EDN / Title 2 / Article 51 / Section 2515
Fiscal year
Status: in_force

§ 2515. Fiscal year. The fiscal year for  city school districts of\ncities with less than one hundred twenty-five thousand inhabitants shall\nbe the period commencing with July first and ending with June thirtieth\nnext following.\n
N.Y. PBH Law § 1530 — New York Code / Act PBH / Article 15 / Title 2 / Section 1530
County mosquito control commission; annual report
Status: in_force

§ 1530. County mosquito control commission; annual report.  It shall\nbe the duty of each county mosquito control commission, on or before the\nfirst day of September in each year, to submit to the commissioner and\nto the board of supervisors in the county comprised within a mosquito\ncontrol district, a report setting forth the amount of moneys expended\nduring the previous year showing each item of expenditure, the methods\nemployed, the work accomplished and any other information which in its\njudgment may seem pertinent, or which the board of supervisors may\ndemand.\n
N.Y. PBH Law § 18-A — New York Code / Act PBH / Article 1 / Title 2 / Section 18-A
Disclosure of information
Status: in_force

§ 18-a. Disclosure of information. 1. Each health care professional\nlicensed, registered or certified pursuant to title eight of the\neducation law shall, upon request, provide to his or her patient or\nprospective patient the following:\n  (a) information related to the health care professional's educational\nbackground, experience, training, specialty, and board certification, if\napplicable;\n  (b) affiliation with any health care facility licensed pursuant to\narticle twenty-eight, thirty-six or forty-four of this chapter, and any\nfacility licensed pursuant to article nineteen, twenty-three, thirty-one\nor thirty-two of the mental hygiene law;\n  (c) information regarding the health care professional's participation\nin continuing education programs and compliance with any licensure,\ncertification or registration requirements, if applicable; and\n  (d) information regarding the health care professional's participation\nin clinical performance reviews conducted by the department where\napplicable and where available.\n  2. Nothing contained herein shall require written disclosure of the\ninformation described in subdivision one by the health care professional\nto the patient.\n
N.Y. RPT Law § 489-Q — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-Q
Reports to commissioner
Status: in_force

§ 489-q. Reports to commissioner. Each railroad company shall furnish\nthe commissioner the following:\n  1. A copy of all income, profit and loss and other financial\nstatements filed with the interstate commerce commission and the\ncommissioner of transportation; and\n  2. Such other reports as the commissioner may from time to time\nrequire containing such information and data as it may specify,\nincluding cost and valuation data relating to or an inventory of the\nrailroad real property of such company situated in each assessing unit,\nin order to carry out the provisions of this title.\n  3. Each railroad company shall pay an annual charge to the state\noffice.  All costs and expenses of the state office, direct and\nindirect, incurred in the establishment of railroad ceilings pursuant to\nthis title shall be paid from the collection of an annual charge upon\nrailroad companies. The commissioner shall provide by rule for\ncomputation of this charge through the apportionment of these costs and\nexpenses to railroad companies in direct relation to the value of such\nreal property subject to the ceiling. Charges shall be subject to the\nannual approval of the director of the budget. Any unpaid charge shall\nbe a lien upon the assets of the company and may be enforced by\nappropriate administrative and judicial proceedings commenced by counsel\nto the state office.\n  4. Any railroad company failing to make any report required by or\npursuant to this section within a reasonable time specified by the\ncommissioner shall forfeit to the people of the state the sum of one\nhundred dollars for each failure and the additional sum of fifty dollars\nfor each day that such failure continues. Acknowledgment of receipt of\nblank reports which contain the penalty provisions of this section shall\nbe deemed sufficient notice of such penalties.\n
N.Y. PBH Law § 3122 — New York Code / Act PBH / Article 31 / Title 2 / Section 3122
Blood donating; violations; penalties
Status: in_force

§ 3122. Blood donating; violations; penalties.  Any violation of\nsections three thousand one hundred twenty and three thousand one\nhundred twenty-one, of this chapter, shall constitute a misdemeanor,\npunishable on conviction by a fine of not exceeding fifty dollars or by\nimprisonment for not exceeding six months, or both such fine and\nimprisonment.\n
N.Y. EDN Law § 2116-C — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2116-C
Audit committees
Status: in_force

§ 2116-c. Audit committees. 1. Every school district, except those\nemploying fewer than eight teachers, shall establish by a resolution of\nthe trustees or board of education an audit committee to oversee and\nreport to the trustees or board on the annual audit of the district\nrecords as required by section twenty-one hundred sixteen-a of this\narticle.\n  2. The audit committee shall be established no later than January\nfirst, two thousand six as a committee of the trustees or board, as an\nadvisory committee, or as a committee of the whole. An advisory\ncommittee may include, or be composed entirely of persons other than\ntrustees or members of the board if, in the opinion of the trustees or\nboard, such membership is advisable to provide accounting and auditing\nexpertise.\n  3. The audit committee shall consist of at least three members, who\nshall serve without compensation. Committee members shall be reimbursed\nfor any actual and necessary expenditures incurred in relation to\nattendance at meetings. Employees of the school district are prohibited\nfrom serving on the audit committee. A member of an audit committee\nshall be deemed a school district officer for the purposes of sections\nthirty-eight hundred eleven through thirty-eight hundred thirteen of\nthis chapter, but shall not be required to be a resident of the school\ndistrict.\n  4. The role of an audit committee shall be advisory and any\nrecommendations it provides to the trustees or board under subdivisions\nfive and six of this section shall not substitute for any required\nreview and acceptance by the trustees or board of education. If required\nby a regulation adopted by the commissioner, the annual audit report\nprepared by an independent certified public accountant or an independent\npublic accountant shall not be deemed final until accepted by a\nresolution adopted by the trustees or board of education.\n  5. It shall be the responsibility of the audit committee to:\n  (a) provide recommendations regarding the appointment of the external\nauditor for the district;\n  (b) meet with the external auditor prior to commencement of the audit;\n  (c) review and discuss with the external auditor any risk assessment\nof the district's fiscal operations developed as part of the auditor's\nresponsibilities under governmental auditing standards for a financial\nstatement audit and federal single audit standards if applicable;\n  (d) receive and review the draft annual audit report and accompanying\ndraft management letter and, working directly with the external auditor,\nassist the trustees or board of education in interpreting such\ndocuments;\n  (e) make a recommendation to the trustees or board of education on\naccepting the annual audit report; and\n  (f) review every corrective action plan to be developed by a school\ndistrict as required by section twenty-one hundred sixteen-a of this\narticle and assist the trustees or board of education in the\nimplementation of such plan.\n  6. In addition, it shall be the responsibility of the audit committee\nto assist in the oversight of the internal audit function required by\nsection twenty-one hundred sixteen-b of this article, including, but not\nlimited to, providing recommendations regarding the appointment of the\ninternal auditor for the school district, the review of significant\nfindings and recommendations of the internal auditor, monitoring of the\nschool district's implementation of such recommendations, and the\nevaluation of the performance of the internal audit function.\n  7. Notwithstanding any provision of article seven of the public\nofficers law or any other law to the contrary, a school district audit\ncommittee may conduct an executive session pursuant to section one\nhundred five of the public officers law pertaining to any matter set\nforth in paragraphs b, c, and d of subdivision five of this section. Any\ntrustee or member of the board of education who is not a member of such\naudit committee may be allowed to attend an audit committee meeting if\nauthorized by a resolution of the trustees or board of education.\n  8. The commissioner is authorized to promulgate regulations with\nrespect to audit committees as is necessary for the proper performance\nof their duties.\n  9. As long as the chancellor of a school district in a city having a\npopulation of one million or more inhabitants shall annually certify to\nthe commissioner that such district has a process for review by an audit\ncommittee of the district's annual audit that meets or exceeds the\nrequirements of this section, the provisions of this section shall not\napply to such school district.\n
N.Y. ELN Law § 17-214 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-214
Enforcement
Status: in_force

§ 17-214. Enforcement. 1. Enforcement by the attorney general. If the\ncivil rights bureau concludes that a submission by a political\nsubdivision or any other party is insufficient to complete its review,\nthe civil rights bureau may request that the party provide additional\ninformation, and the time periods for review provided in this title\nshall recommence upon receipt of such information. If such information\nis not provided, such time periods for review shall not apply.\n  2. Authority to issue subpoenas. In any action or investigation to\nenforce any provision of this title, the attorney general shall have the\nauthority to take proof and determine relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n  3. Preclearance. Covered entities shall provide information relevant\nto preclearance to the civil rights bureau upon request.\n
N.Y. MRE Law § 136 — New York Code / Act MRE / Article 5 / Title 2 / Section 136
Motor vehicle storage
Status: in_force

§ 136. Motor vehicle storage. A space or a structure may be provided\nand maintained in any multiple dwelling or upon the premises thereof for\nthe storage of passenger motor vehicles but only with a written permit\ntherefor from the department and in accordance with every applicable\nlocal law, ordinance, resolution, code provision or regulation and the\nrules and regulations of the commission.\n
N.Y. EDN Law § 1602 — New York Code / Act EDN / Title 2 / Article 33 / Section 1602
Number of trustees; determination of change
Status: in_force

§ 1602. Number of trustees; determination of change.  1. At the first\nannual meeting next after the erection of a common school district the\nelectors shall determine, by resolution, whether the district shall have\none or three trustees; and if they resolve to have three trustees, shall\nelect the three for one, two and three years, respectively, and shall\ndesignate by their votes for which term each is elected; thereafter in\nsuch district, one trustee shall be elected for three years at each\nannual meeting to fill the office of the outgoing trustee; and if they\nresolve to have one trustee, shall elect the trustee for a one-year\nterm; thereafter in such district a trustee shall be elected for one\nyear at each annual meeting to fill the office of the outgoing trustee.\n  2. The electors of any common school district having three trustees\nshall have power to decide at any annual meeting by a majority vote of\nthose present and voting, whether the district shall have a sole trustee\nor three trustees. If they resolve to have a sole trustee, the trustees\nin office shall continue in office until their terms of office shall\nexpire. No election of a trustee shall be had in the district until the\noffices of such trustees shall become vacant by the expiration of their\nterms of office or otherwise, and thereafter but one trustee shall be\nelected for said district.\n  3. The electors of a common school district having but one trustee may\ndetermine at an annual meeting, by a two-thirds vote of the legal voters\npresent and voting thereat, to have three trustees; and upon the\nadoption of a resolution to that effect, shall proceed to elect three\ntrustees or such number as may be necessary to form a board of three\ntrustees, in the same manner as provided in this section for the\nelection of three trustees at the first annual meeting after the\nerection of a district; and thereafter in such district, one trustee\nshall be elected for three years, at each annual meeting, to fill the\noffice of the outgoing trustee.\n
N.Y. RPT Law § 467-J — New York Code / Act RPT / Article 4 / Title 2 / Section 467-J
Exemption for certain residential properties located in certain counties
Status: in_force

§ 467-j. Exemption for certain residential properties located in\ncertain counties. 1. After a public hearing, the governing board of a\ncounty with a population greater than one hundred thousand and less than\none hundred five thousand based upon the latest decennial census may\nadopt a local law to grant a partial exemption from taxation and special\nad valorem levies authorized pursuant to this section. Following such\nadoption, any city, town or village within such a county may adopt a\nlocal law and a school district within such a county, other than a\nschool district subject to article fifty-two of the education law, may\nadopt a resolution to also grant a partial exemption from taxation and\nspecial ad valorem levies authorized pursuant to this section.\n  2. The real property tax exemption authorized by subdivision one of\nthis section shall be in an amount equal to the latest state\nequalization rate multiplied by the difference between the full resale\nvalue of such real property absent any restriction and the maximum\nresale value of such real property established by such ground lease to\nresidential properties located on land owned by a not-for-profit entity\nand subject to regulatory restrictions from federal, state or local\nhousing programs that provide grants or loans to enhance housing\naffordability and subject to a ground lease or deed restrictions that\nrestrict the resale price of such real property for at least thirty\nyears.\n  3. Such exemption shall be granted only upon application by the owner\nor owners of such real property on a form prescribed by the\ncommissioner.  Such application shall be filed annually with the\nassessor on or before the appropriate taxable status date.\n
N.Y. LFN Law § 25.10 — New York Code / Act LFN / Article 2 / Title 2 / Section 25.10
Urban renewal notes
Status: in_force

§ 25.10. Urban renewal notes. a. To effectuate the purposes of article\neighteen of the state constitution and article fifteen of the general\nmunicipal law, any municipality which has authorized an urban renewal\nproject may issue urban renewal notes, from time to time, in\nanticipation of the receipt of moneys for such project, or any part\nthereof, from (1) the sale of real property, or any interest therein,\nacquired for or incidental to such project; or (2) the United States\ngovernment pursuant to title one of the housing act of nineteen hundred\nforty-nine, as amended; or (3) the state of New York pursuant to the\ngeneral municipal law; or from any or all such sources. Such notes may\nbe issued in anticipation of the receipt of such moneys whether or not\nsuch moneys are to be received or to become due and payable during the\nfiscal year in which such notes are issued.\n  b. Such notes shall mature within one year from the date of their\nissue and may be renewed from time to time, but each renewal shall be\nfor a period not exceeding one year, provided that no such notes or any\nrenewals thereof, issued in anticipation of the receipt of moneys for an\nurban renewal project, shall extend more than seven years beyond the\ndate of the first such note or notes issued in connection with such\nproject. In any event, urban renewal notes shall not be renewed after\nthe receipt of the moneys in anticipation of which such notes were\nissued.\n  c. Where, prior to the effective date of this section, a municipality\nhas issued a revenue anticipation note in anticipation of the receipt,\nof any such moneys, such note, or any renewal thereof, may be renewed,\nin whole or in part, by the issuance of an urban renewal note subject to\nthe limitations of this section. In such event, the seven-year period\nspecified in paragraph b of this section shall be computed from the date\nof issue of the original revenue anticipation note, and such urban\nrenewal note shall be deemed a renewal note for the purposes of this\nchapter.\n  d. Urban renewal notes shall be redeemed from the moneys in\nanticipation of the receipt of which they were issued. However, if such\nmoneys are not received or are not received in an amount sufficient to\nredeem such notes in full, such notes, to the extent such moneys are not\nsufficient, shall be redeemed:\n  1. From any unincumbered balance in any fund which may be applied to\nthe payment thereof;\n  2. By a budgetary appropriation; or\n  3. By the proceeds of the sale of serial bonds issued pursuant to\nsection 93.00 of this chapter for the purpose of refunding such notes.\n  e. The total amount of urban renewal notes which a municipality may\nissue for any urban renewal project in anticipation of the receipt of\nany such moneys shall not exceed the total estimated cost of such\nproject as stated in the certificate of the chief fiscal officer of the\nmunicipality approved and filed as hereinafter provided less (a) the\ntotal amount of any and all advances, loans and grants made by the\nfederal government or by the state of New York to such municipality in\naid of such project prior to and including the date of the issuance of\nany such note or notes; (b) the amount of any local grants-in-aid made\nor to be made for such project; and (c) the amount of the proceeds of\nthe sale of any real property acquired for or incidental to such project\nactually received by such municipality prior to and including the date\nof the issuance of any such note or notes.\n  Such certificate of the chief fiscal officer of the municipality shall\nbe in such form and shall contain such information as shall be\nprescribed by the state comptroller and shall be filed not more than\nfifteen nor less than three days before the sale of any such note or\nnotes in the office of the state comptroller with the approval thereof\nof the commissioner of housing endorsed thereon.\n  f. All such moneys in anticipation of which any urban renewal note or\nnotes shall have been issued, as thereafter received or collected, shall\nbe set aside in a special bank account to be used only for the payment\nof such urban renewal notes as they become due. Any municipality may\nmake budgetary appropriations for the redemption of urban renewal notes\nwhether or not required or otherwise authorized by law to do so. In the\nevent such an appropriation is made, such municipality shall not be\nrequired to pay into such special account so much of such moneys as\nshall equal the amount of such appropriation but any moneys not so paid\ninto such special account may be used in the manner provided by law or,\nif there is no provision of law pertaining to the use of such moneys,\nthey shall be treated as surplus moneys for the fiscal year in which\nthey are collected.\n
N.Y. EDN Law § 1719 — New York Code / Act EDN / Title 2 / Article 35 / Section 1719
Deposit, custody and payment of moneys in villages
Status: in_force

§ 1719. Deposit, custody and payment of moneys in villages. 1. All\nmoneys raised for the support of schools in any union free school\ndistrict whose boundaries are coterminous with the boundaries of an\nincorporated village or apportioned to the same by the education\ndepartment or otherwise, shall be paid into the treasury of such village\nto the credit of the board of education therein; and the funds so\nreceived into such treasury shall be kept separate and distinct from any\nother funds received into the said treasury. And the officer having the\ncharge thereof shall give such additional security for the safe custody\nthereof as the corporate authorities of such village shall require. The\nboard of education in any such union free school district may, in its\ndiscretion, fix the compensation to be paid to the treasurer of such\nvillage for the services imposed upon him by this section, and such\ncompensation, as so fixed, shall be paid from such moneys.\n  2. No money shall be drawn from such funds, credited to a board of\neducation, unless in pursuance of a resolution of said board, and on\nvoucher-order checks signed by the treasurer, payable to the order of\nthe persons entitled to receive such money, and stating on their face\nthe purpose or service for which such moneys have been authorized to be\npaid by the said board of education. The board of education may in its\ndiscretion require that such checks be countersigned by another officer\nof such district. When authorized by resolution of the board of\neducation such checks may be signed with the facsimile signature of the\ntreasurer and other district officer whose signature is required, as\nreproduced by a machine or device commonly known as a checksigner. No\nresolution of the board of education, however, shall be necessary for\nthe payment of compensation for services of an officer or employee\nengaged at agreed wages by the hour, day, week, month or year when the\nname of such officer or employee appears upon a duly certified payroll,\nor of the principal of or interest on indebtedness of the district. By\nresolution duly adopted, the board may determine to enter into a\ncontract to provide for the deposit of the periodic payroll of the\nschool district in a bank or trust company for disbursal by it in\naccordance with provisions of section ninety-six-b of the banking law.\n  3. When obligations are issued and sold pursuant to the local finance\nlaw by a union free school district whose boundaries are the same as the\nboundaries of an incorporated village, the proceeds of the sale of such\nobligations shall be paid into the treasury of said incorporated\nvillage, to the credit of the board of education.\n  4. So much of this section as relates to the deposit of moneys raised\nfor the support of schools in any union free school district shall not\napply to the Bronxville union free school district.\n
N.Y. RPT Law § 485-F — New York Code / Act RPT / Article 4 / Title 2 / Section 485-F
Banking development districts
Status: in_force

§ 485-f. Banking development districts. 1. Real property altered,\nconstructed, installed, or improved for use as a branch of a bank, trust\ncompany or national bank in an area designated as a banking development\ndistrict by the superintendent of financial services pursuant to section\nninety-six-d of the banking law shall be exempt from taxation and\nspecial ad valorem levies by any municipal corporation in which located,\nfor a period of ten years, provided that the governing board of such\nmunicipal corporation, after a public hearing, adopts a local law,\nordinance, or resolution providing therefor.\n  2. Where such local law, ordinance, or resolution has been adopted,\nsuch real property which is used to establish a branch of a bank, trust\ncompany or national bank in a banking development district shall be\nexempt for a period of one year of fifty per centum of the "exemption\nbase", determined pursuant to subdivision three of this section,  and\nsuch exemption shall be decreased by five per centum each year during\nsuch additional period. A copy of such local law, ordinance, or\nresolution shall be filed with the commissioner and the assessor of such\ncounty, city, town, or village who prepares the assessment roll on which\nthe taxes of such county, city, town, village, or school district are\nlevied.\n  3. (a) The "exemption base" shall be the extent of the increase in\nassessed value attributable to such alteration, construction,\ninstallation, or improvement as determined in the initial year for which\napplication for exemption is made pursuant to this section, except as\nprovided in subparagraph (ii) of this paragraph.\n  (i) If there is subsequent alteration, construction, installation, or\nimprovement during the term of the exemption, the exemption base shall\nbe revised to include the increase in assessed value attributable to\nsuch alteration, construction, installation, or improvement.\n  (ii) If in any year a change in level of assessment of fifteen percent\nor more is certified for an assessment roll pursuant to the rules of the\ncommissioner, the exemption base shall be adjusted by such change in\nlevel or assessment. The exemption on that assessment roll shall\nthereupon be recomputed, notwithstanding the fact that the assessor\nreceives the certification after the completion, verification, and\nfiling of the final assessment roll. In the event that the assessor does\nnot have custody of the roll when such certification is received, the\nassessor shall certify the recomputed exemption to the local officers\nhaving custody and control of the roll and such local officers are\nhereby directed and authorized to enter the recomputed exemption\ncertified by the assessor on the roll. The assessor shall give written\nnotice of such recomputed exemption to the property owner, who may, if\nhe or she believes that the exemption was recomputed incorrectly, apply\nfor a correction in the manner provided by title three of article five\nof this chapter for the correction of clerical errors.\n  (iii) The following table shall illustrate the computation of the tax\nexemption:\n      Year of exemption          Percentage of exemption\n           1                                50\n           2                                45\n           3                                40\n           4                                35\n           5                                30\n           6                                25\n           7                                20\n           8                                15\n           9                                10\n           10                               5\n  (b) No exemption shall be granted pursuant to this section, unless:\n  (i) the alteration, construction, installation, or improvement\ncommenced on or after either the date the banking development district\nwas designated by the superintendent of financial services pursuant to\nsection ninety-six-d of the banking law or, if specified in local law,\nordinance, or resolution adopted pursuant to subdivision one of this\nsection, the effective date of such local law, resolution or ordinance;\nand\n  (ii) the property is located in a banking development district\ndesignated by the superintendent of financial services pursuant to\nsection ninety-six-d of the banking law.\n  (c) For purposes of this section the terms alteration, construction,\ninstallation or improvement shall not include ordinary maintenance and\nrepairs.\n  4. Such exemption shall be granted only upon written application of\nthe owner of such real property on a form prescribed by the state board.\nThe application shall be filed with the assessor of the county, city,\ntown, or village having the power to assess property for taxation on or\nbefore the appropriate taxable status date of such county, city, town,\nor village. Such application shall be filed on or before the appropriate\ntaxable status date of such assessing unit and no later than one year\nfrom the date of completion of such alteration, construction,\ninstallation, or improvement.\n  5. If the assessor receives an application by the owner of the real\nproperty and is satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as herein provided, commencing with the assessment\nroll prepared after the taxable status date referred to in subdivision\nfour of this section. The assessed value of any exemption granted\npursuant to this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption entered in a separate column.\n
N.Y. PBH Law § 2522 — New York Code / Act PBH / Article 25 / Title 2 / Section 2522
Programs; powers of the commissioner
Status: in_force

§ 2522. Programs; powers of the commissioner. In order to promote\ncomprehensive prenatal care, the commissioner is authorized to provide\nfunds, including the awarding of grants to not-for-profit\ncommunity-based organizations, local health departments, public\neducation organizations and such other organizations as may be\ndesignated by the commissioner, for public and provider education and\noutreach, home visiting, referral of pregnant women to prenatal care\nproviders, and improvement of regional systems of perinatal care. This\neducation, outreach, home visiting, referral and systems improvement may\ninclude, but is not limited to:\n  (a) public education concerning availability of prenatal services;\n  (b) promotion of community awareness of the benefits to the mother and\nchild of preconception health and early and continuous prenatal care;\n  (c) outreach and direct recruitment of service recipients and\nproviders;\n  (d) referrals and linkage to organizations providing assistance with\napplications for medical assistance and enrollment in Medicaid managed\ncare programs;\n  (e) referrals and linkage with home visiting and other community\nservices;\n  (e-1) health and nutritional education and services for both parents,\nregarding childhood and adult obesity and asthma, and the prevention or\nmitigation thereof;\n  (f) follow-up of patient participation in prenatal care services;\n  (g) identification of regional perinatal health care system barriers\nand limitations that lead to poor perinatal outcomes and development of\nstrategies to address such barriers and limitations;\n  (h) coordination of service delivery by community-based organizations\namong health care providers and health plans using health information\ntechnology and uniform screening criteria for perinatal risk; and\n  (i) promotion of training and continuing medical education\nopportunities in military cultural competency for providers of prenatal\ncare to veterans. For purposes of this subdivision, the term "veteran"\nshall have the same meaning as such term is defined in section one of\nthe veterans' services law and shall also include a veteran who has a\nqualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service.\n
N.Y. PBH Law § 2896-B — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-B
Rules and regulations; powers and duties
Status: in_force

§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a\nmajority vote, shall adopt and amend rules and regulations, to be\ncertified by the commissioner prior to filing with the secretary of\nstate, to effectuate the provisions and purposes of this article,\nincluding but not limited to (a) standards for courses of study for\nnursing home administrators and for other instruction and training and\nfor experience and general character of nursing home administrators, and\n(b) standards and procedures for examination, for the issuance,\nrevocation and suspension of licenses and registrations of nursing home\nadministrators and for the investigation of written charges and\ncomplaints filed with the board relating thereto.\n  2. The board may assess a civil penalty against a nursing home\nadministrator for violation of or failure to comply with any lawful\nnotice, order or rule or regulation issued or adopted by the board, or\nany provision of this article, not exceeding one thousand dollars for\nevery such violation or failure, which civil penalty may be assessed\nafter a hearing pursuant to section twenty-eight hundred ninety-seven-a\nof this article.\n  3. The board, or the commissioner at the request of the board, shall\nconduct such continuing study and investigation of the quality and\npractice of nursing home administration as may be required for the\nimprovement of the standards imposed and procedures required for the\nlicensing of nursing home administrators, including the desirability of\ninstituting a residency or preceptorship program for nursing home\nadministrators in training.\n  4. The board, or the commissioner at the request of the board, shall\nconduct such study and investigation of higher education in\ninstitutional administration at the baccalaureate and master's degree\nlevels as is necessary to determine if such be required to assure the\ncontinuing maintenance of professional standards of nursing home\nadministration in the state. The board shall seek the advice and counsel\nof the state department of education in the conduct of such studies.\n  5. The commissioner may propose rules and regulations and amendments\nthereto for consideration by the board to effectuate the purposes of\nthis article.\n  6. The board shall also have the authority to take such actions as may\nbe necessary to enable the state to meet the requirements set forth in\nsection one thousand nine hundred eight of the social security act, the\nfederal rules and regulations promulgated thereunder and other pertinent\nfederal authority.\n
N.Y. SOS Law § 461-R — New York Code / Act SOS / Article 7 / Title 2 / Section 461-R
Food services
Status: in_force

§ 461-r. Food services. 1. Food services in adult care facilities\nshall be provided in a manner that respects the dietary needs of the\nresidents in relation to health conditions, food allergies and dietary\nintolerances, religious and ethnic mandates, and that allows for a\nreasonable variation in taste preferences.\n  2. Resident food committees in each facility, assembled from among the\nresidents, shall have the freedom to meet and evaluate the food service\navailable to them without interference, and shall advise the operators\nof the adult care facility as to issues of dietary needs, preferences,\nfood quality and safety.\n  3. The commissioner of health shall review existing adult care\nfacility regulations and amend existing regulations or promulgate new\nregulations if appropriate, to determine those food service personnel in\nadult care facilities that should undergo training appropriate for the\nlevel of food service which they may perform, including but not limited\nto sanitation in the food preparation and service areas; refrigeration\nand preservation; principles of a balanced meal; and ordering with an\nemphasis on fresh foods.\n
N.Y. GMU Law § 761 — New York Code / Act GMU / Article 17-A / Title 2 / Section 761
Publication of proposed elector initiated consolidation plan
Status: in_force

§ 761. Publication of proposed elector initiated consolidation plan.\nNo later than five business days after approving a proposed elector\ninitiated consolidation plan pursuant to section seven hundred sixty of\nthis title, the governing body or bodies of the local government\nentities to be consolidated shall:\n  1. cause a copy of the proposed elector initiated consolidation plan,\nalong with a descriptive summary thereof, to be displayed and readily\naccessible to the public for inspection in a public place or places\nwithin each entity;\n  2. cause the proposed elector initiated consolidation plan, along with\na descriptive summary thereof and a reference to the public place or\nplaces within each entity where a copy thereof may be examined, to be\ndisplayed on a website maintained by each entity or otherwise on a\nwebsite maintained by the village, town and/or county in which the\nentities are located; and\n  3. arrange to be published a descriptive summary of the proposed\nelector initiated consolidation plan and a reference to the public place\nor places within the entities where a copy thereof may be examined, at\nleast once each week for four successive weeks, in a newspaper having a\ngeneral circulation within each entity.\n
N.Y. EDN Law § 2603 — New York Code / Act EDN / Title 2 / Article 53 / Section 2603
Qualifications of voters
Status: in_force

§ 2603. Qualifications of voters.  A person shall be entitled to vote\nat a school election in a city school district who is:\n  1. A citizen of the United States.\n  2. Eighteen years of age.\n  3. a.  A resident of the state and of the city school district for\nthirty days next preceding the election.\n  b. Where territory is added to a city school district by consolidation\nor alteration of boundaries pursuant to article thirty-one of this\nchapter, residence in the territory so added shall be and shall be\ndeemed to be residence in the city school district for the purposes of\nthis section.\n  c. Notwithstanding the foregoing provisions of this subdivision, no\nIndian who shall have resided on the Allegany Indian reservation for a\nperiod of thirty days preceding the election at which he offers to vote,\nshall be deemed ineligible to vote at any such election in the city\nschool district of the city of Salamanca because of his residence on\npart of such reservation located outside of such city school district.\n  4. No person shall have the right to register for or vote at any\nschool meeting or election who would not be qualified to register for or\nvote at an election in accordance with the provisions of section 5-106\nof the election law.\n
N.Y. EDN Law § 1917-A — New York Code / Act EDN / Title 2 / Article 39 / Section 1917-A
Employees; employment rights; creation of new central high school district
Status: in_force

§ 1917-a. Employees; employment rights; creation of new central high\nschool district. 1. Teachers and other staff members of component\ndistricts, except the superintendent of schools, whose services in the\ncomponent districts are no longer needed because of the creation of a\ncentral high school district or the transference of students to an\nexisting central high school district, shall be granted employment\nrights in central high school districts in accordance with the\nprovisions of this section.\n  2. As used in this section, a "component district" shall mean a\ncentral, union free or common school district within the territory of\nthe central high school district, and a "central high school district"\nshall mean a central high school district existing or created pursuant\nto this article.\n  3. In any case in which a component district sends students to a\ncentral high school district, each teacher and all other employees\npreviously employed in the education of such students by such component\ndistrict prior to the time that such component district sends its\nstudents to a central high school district shall be considered employees\nof such central high school district, with the same tenure status held\nin such component district.\n  For purposes of this section, when a component district takes back\nstudents that it sent to another district on a tuition basis and sends\nsuch students to a central high school district, such central high\nschool district shall be deemed the "sending district" for purposes of\nthe rights and protections provided in section three thousand fourteen-c\nof this chapter.\n  4. If the number of teaching and other positions needed to provide the\neducational services required by such central high school district is\nless than the number of teachers and other employees eligible to be\nconsidered employees of such central high school district as provided by\nsubdivision three of this section, the services of the teachers and\nother employees having the least seniority in the component district\nwithin the tenure area of the position shall be discontinued. Such\nteachers and other employees shall be placed on a preferred eligible\nlist of candidates for appointment to a vacancy that may thereafter\noccur in an office or position under the jurisdiction of the component\ndistrict, the "receiving district" as defined in section three thousand\nfourteen-c of this chapter, from which a component district has taken\nback students, and the central high school district similar to the one\nsuch teacher or other employee filled in such component district. The\nteachers and other employees on such preferred lists shall be reinstated\nor appointed to such vacancies in such corresponding or similar\npositions under the jurisdiction of the component district or the\ncentral high school district in the order of their length of service in\nsuch component district, within seven years from the date of the\nabolition of such office or position.\n  5. For any such teacher or other employee as described in subdivision\nthree of this section for salary, sick leave and any other purposes, the\nlength of service credited in such component district shall be credited\nas employment time with such central high school district.\n  6. This section shall in no way be construed to limit the rights of\nany of such teachers or other employees described in this section\ngranted by any other provision of law.\n
N.Y. PBA Law § 1048-W — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-W
Interest in contracts prohibited
Status: in_force

§ 1048-w. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member or any officer, agent, servant or employee of the\nauthority or of the water board to be in any way or manner interested,\ndirectly or indirectly in the furnishing of work, materials, supplies or\nlabor, or in any contract therefor which the authority or the board, as\nthe case may be, is empowered by this title to make.\n
N.Y. ENV Law § 71-0202 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0202
Enforcement; designated employees to have certain powers
Status: in_force

§ 71-0202. Enforcement; designated employees to have certain powers.\n  Such employees as may be designated by the commissioner shall be\nauthorized to issue uniform appearance tickets, simplified traffic\ninformations, simplified parks informations, simplified environmental\nconservation informations, and uniform navigation summons and/or\ncomplaint, when acting pursuant to their special duties.\n
N.Y. EDN Law § 2802 — New York Code / Act EDN / Title 2 / Article 55 / Section 2802
Uniform violent incident reporting system
Status: in_force

§ 2802. Uniform violent incident reporting system. 1. The\ncommissioner, in conjunction with the division of criminal justice\nservices, shall promulgate regulations defining "violent or disruptive\nincidents" for the purposes of this section.\n  2. The commissioner, in conjunction with the division of criminal\njustice services, shall establish a statewide uniform violent incident\nreporting system which public school districts, boards of cooperative\neducational services and county vocational education and extension\nboards shall follow.\n  3. The uniform violent incident reporting system shall require public\nschool districts, boards of cooperative educational services and county\nvocational education and extension boards to annually report to the\ncommissioner in a form and by a date prescribed by the commissioner, the\nfollowing information concerning violent and disruptive incidents that\noccurred in the prior school year:\n  a. the type of offenders;\n  b. if any offender is a student, the age and grade of the student;\n  c. the location at which the incident occurred;\n  d. the type of incident;\n  e. whether the incident occurred during or outside of regular school\nhours;\n  f. where the incident involves a weapon, whether the weapon was a\nfirearm, knife or other weapon;\n  g. the actions taken by the school in response to the incident,\nincluding when the incident was reported to law enforcement officials\nand whether disciplinary action was taken against the offenders;\n  h. any student discipline or referral action taken against a\nstudent/offender, including but not limited to an out-of-school\nsuspension, an involuntary transfer to an alternative placement, an\nin-school suspension, a referral for community service, a referral for\ncounseling, or a referral to the juvenile justice system, and the\nduration of such action; and\n  i. the nature of the victim and the victim's age and grade where\nappropriate.\n  4. The commissioner shall require a summary of such information to be\nincluded, in a form prescribed by the commissioner, in the school\ndistrict report cards or board of cooperative educational services\nreport cards required by this chapter.\n  5. By April first of each year, the commissioner shall report to the\ngovernor, the legislature and the regents concerning the prevalence of\nviolence and disruptive incidents in the public schools, and the\neffectiveness of school programs undertaken to reduce violence and\nassure the safety and security of students and school personnel. The\nreport shall summarize the information available from the incident\nreporting system, and compare the incidence of violent and disruptive\nincidents of schools and school districts and boards with other schools\nand school districts and boards based on similarity in size and grade\nlevels and other characteristics, including student need and resources,\nas determined by the commissioner. The report shall also, to the extent\npossible, relate the results available from the incident reporting\nsystem, together with such other analysis and information as the\ncommissioner determines is appropriate, to the effectiveness of school\nviolence measures undertaken by participating schools and school\ndistricts, including the school codes and school safety plans required\nby sections twenty-eight hundred one and twenty-eight hundred one-a of\nthis article.\n  6. The commissioner, in conjunction with the commissioner of the\ndivision of criminal justice services, shall promulgate regulations to\nimplement the provisions of this section and to assure to the extent\npracticable that the reports used by school districts are uniform and\ncomparable with respect to the types of incidents reported and the\nresponses of the schools and the school districts. Such regulations\nshall provide for the confidentiality of all personally identifiable\ninformation and shall ensure that any personally identifiable\ninformation which is collected is used only for its intended purpose.\n  7. Notwithstanding any other provision of state or local law, rule or\nregulation to the contrary, any student who attends a persistently\ndangerous public elementary or secondary school, as determined by the\ncommissioner pursuant to paragraph a of this subdivision, or who is a\nvictim of a violent criminal offense, as defined pursuant to paragraph b\nof this subdivision, that occurred on the grounds of a public elementary\nor secondary school that the student attends, shall be allowed to attend\na safe public school within the local educational agency to the extent\nrequired by section eighty-five hundred thirty-two of the Elementary and\nSecondary Education Act of nineteen hundred sixty-five, as amended.\n  a. The commissioner shall annually determine which public elementary\nand secondary schools are persistently dangerous in accordance with\nregulations of the commissioner developed in consultation with a\nrepresentative sample of local educational agencies. Such determination\nshall be based on data submitted through the uniform violent incident\nreporting system over a period prescribed in the regulations, which\nshall not be less than two years.\n  b. Each local educational agency required to provide unsafe school\nchoice shall establish procedures for determinations by the\nsuperintendent of schools or other chief school officer of whether a\nstudent is the victim of a violent criminal offense that occurred on\nschool grounds of the school that the student attends. Such\nsuperintendent of schools or other chief school officer shall, prior to\nmaking any such determination, consult with any law enforcement agency\ninvestigating such alleged violent criminal offense and consider any\nreports or records provided by such agency. The trustees or board of\neducation or other governing board of a local educational agency may\nprovide, by local rule or by-law, for appeal of the determination of the\nsuperintendent of schools to such governing board. Notwithstanding any\nother provision of law to the contrary, the determination of such chief\nschool officer pursuant to this paragraph shall not have collateral\nestoppel effect in any student disciplinary proceeding brought against\nthe alleged victim or perpetrator of such violent criminal offense. For\npurposes of this subdivision, "violent criminal offense" shall mean a\ncrime that involved infliction of serious physical injury upon another\nas defined in the penal law, a sex offense that involved forcible\ncompulsion or any other offense defined in the penal law that involved\nthe use or threatened use of a deadly weapon.\n  c. Each local educational agency, as defined in subsection thirty of\nsection eighty-one hundred one of the Elementary and Secondary Education\nAct of nineteen hundred sixty-five, as amended, that is required to\nprovide school choice pursuant to section eighty-five hundred thirty-two\nof the Elementary and Secondary Education Act of nineteen hundred\nsixty-five, as amended, shall establish procedures for notification of\nparents of, or persons in parental relation to, students attending\nschools that have been designated as persistently dangerous and parents\nof, or persons in parental relation to, students who are victims of\nviolent criminal offenses of their right to transfer to a safe public\nschool within the local educational agency and procedures for such\ntransfer, except that nothing in this subdivision shall be construed to\nrequire such notification where there are no other public schools within\nthe local educational agency at the same grade level or such transfer to\na safe public school within the local educational agency is otherwise\nimpossible or to require a local educational agency that has only one\npublic school within the local educational agency or only one public\nschool at each grade level to develop such procedures. The commissioner\nshall be authorized to adopt any regulations deemed necessary to assure\nthat local educational agencies implement the provisions of this\nsubdivision.\n
N.Y. PBA Law § 1048-Q — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-Q
State, city and water board not liable on authority bonds
Status: in_force

§ 1048-q. State, city and water board not liable on authority bonds.\nNeither the state, nor the city, nor the water board nor any subdivision\nthereof shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, the city or such water board.\n
N.Y. PBH Law § 2547 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2547
Respite services
Status: in_force

§ 2547. Respite services. 1. Subject to the availability of federal\nfunds, the commissioner shall allocate a portion of such funds for\nrespite services for families of eligible children. The commissioner\nshall establish criteria for selecting families for such services, which\nmay include the severity of the child's disability, the availability of\nrespite services to the family through other programs, and the\navailability of informal supports to the family.\n  2. In addition to respite services provided pursuant to subdivision\none of this section and subject to the amounts appropriated therefor,\nthe state shall reimburse the municipality in accordance with the\npercentage of state aid reimbursement for approved costs as set forth in\nsubdivision two of section twenty-five hundred fifty-seven of this\ntitle, for the costs of respite services provided to eligible children\nand their families with the approval of the early intervention official.\n  3. The commissioner shall contact the appropriate federal governmental\nagencies and personnel to facilitate the availability of federal funds\nfor respite services.\n
N.Y. ELN Law § 9-212 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-212
Determinations by county canvassing boards
Status: in_force

§ 9-212. Determinations by county canvassing boards. 1. The canvassing\nboard shall determine each person elected by the greatest number of\nvotes to each county office, and each person elected by the greatest\nnumber of votes to each city, town or village office of a city, town or\nvillage of which it is the board of canvassers. The canvassing board\nshall also determine whether any ballot proposal submitted only to the\nvoters of the county, or only to the voters of a city, town or village\nof which it is the board of canvassers, as the case may be, has by the\ngreater number of votes been adopted or rejected.\n  2. All such determinations shall be in writing and signed by the\nmembers of the canvassing board or a majority of them and filed and\nrecorded in the office of the board of elections. Except in the city of\nNew York and in the counties of Nassau, Orange and Westchester, the\nboard of elections shall cause a copy of such determinations, and of the\nstatements filed in its office upon which such determinations were\nbased, to be published once in each of the newspapers designated to\npublish election notices and the official canvass. The statement of\ncanvass to be published, however, shall not give the vote by election\ndistricts but shall contain only the total vote for a person, or the\ntotal vote for and the total vote against a ballot proposal, cast within\nthe county, or within the portion thereof, if any, in which an office is\nfilled or ballot proposal is decided by the voters if the canvass of the\nvote thereon devolves upon the county board of canvassers. Such totals\nshall be expressed in arabic numerals.\n  3. The board of elections shall prepare and forthwith transmit to each\nperson determined by the canvassing board to have been elected a\ncertified statement, naming the office to which such canvassing board\nhas declared him elected.\n  4. The appropriate state or local election official shall establish a\nfree access system (such as a toll-free telephone number or an internet\nwebsite) that any individual who casts an affidavit ballot may access to\ndiscover whether the vote of that individual was counted, and, if the\nvote was not counted, the reason that the vote was not counted.\n
N.Y. EDN Law § 2526 — New York Code / Act EDN / Title 2 / Article 51 / Section 2526
Claims auditor
Status: in_force

§ 2526. Claims auditor. 1. The board of education of a city school\ndistrict may adopt a resolution establishing the office of claims\nauditor and appoint a claims auditor who shall hold his or her position\nsubject to the pleasure of such board of education. In its discretion,\nthe board may adopt a resolution establishing the office of deputy\nclaims auditor who shall act as claims auditor in the absence of the\nclaims auditor. Such claims auditor shall report directly to the board\nof education. No person shall be eligible for appointment to the office\nof claims auditor or deputy claims auditor who shall be:\n  (1) a member of the board of education;\n  (2) the clerk or treasurer of the board of education;\n  (3) the superintendent of schools or other official of the district\nresponsible for business management;\n  (4) the person designated as purchasing agent; or\n  (5) clerical or professional personnel directly involved in accounting\nand purchasing functions of the school district.\n  1-a. The positions of claims auditor and deputy claims auditor shall\nbe classified in the exempt class of civil service. Such board of\neducation, at any time after the establishment of the office of claims\nauditor or deputy claims auditor, may adopt a resolution abolishing such\noffice, whereupon such office shall be abolished.\n  2. When the office of claims auditor shall have been established and a\nclaims auditor shall have been appointed and shall have qualified, the\npowers and duties of the board of education with respect to claims\nauditing, allowing or rejecting all accounts, charges, claims or demands\nagainst the city school district shall devolve upon and thereafter be\nexercised by such claims auditor, during the continuance of such office.\nThe board of education shall be permitted to delegate the claims audit\nfunction to one or more independent entities by using (1)\ninter-municipal cooperative agreements, (2) shared services to the\nextent authorized by section nineteen hundred fifty of this title, or\n(3) independent contractors, to fulfill this function.\n  3. When the board of education delegates the claims audit function\nusing an inter-municipal cooperative agreement, shared service\nauthorized by section nineteen hundred fifty of this title, or an\nindependent contractor, the board shall be responsible for auditing all\nclaims for services from the entity providing the delegated claims\nauditor, either directly or through a delegation to a different\nindependent entity.\n
N.Y. ENV Law § 37-0201 — New York Code / Act ENV / Article 37 / Title 2 / Section 37-0201
Legislative findings and intent
Status: in_force

§ 37-0201. Legislative findings and intent.\n  The legislature finds and declares that:\n  1. The management of solid waste can pose a wide range of hazards to\npublic health and safety and to the environment; and\n  2. Packaging comprises a significant percentage of the overall solid\nwaste stream; and\n  3. The presence of heavy metals in packaging is a part of the total\nconcern in light of their likely presence in emissions or ash when\npackaging is incinerated, or in leachate when packaging is landfilled;\nand\n  4. Lead, mercury, cadmium and hexavalent chromium, on the basis of\navailable scientific and medical evidence, are of particular concern;\nand\n  5. It is desirable as a first step in reducing the toxicity of\npackaging waste to eliminate the addition of these heavy metals to\npackaging; and\n  6. The intent of this title is to achieve this reduction in toxicity\nwithout impeding or discouraging the expanded use of post-consumer\nmaterials in the production of packaging and its components.\n