N.Y. EDN Law § 489 — New York Code / Act EDN / Title 1 / Article 10-B / Section 489
Remedies of noteholders and bondholders
Status: in_force

§ 489. Remedies of noteholders and bondholders. 1. In the event that\nthe fund shall default in the payment of principal of or interest on any\nissue of notes or bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the fund shall fail or\nrefuse to comply with the provisions of this article, or shall default\nin any agreement made with the holders of any issue of notes or bonds,\nthe holders of twenty-five per centum in aggregate principal amount of\nthe notes or bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the city clerk of the city of Yonkers\nand approved or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such notes\nor bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders and require the fund to carry out agreements with such\nnoteholders or bondholders and to perform its duties under this article;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the fund to account as if it were the\ntrustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, annul such declaration and its consequences.\n  3. Such trustees shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty of Westchester.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the mayor\nof the city of Yonkers, to the fund, to the board of education of the\ncity of Yonkers and to the attorney general of the state.\n
N.Y. PBA Law § 1020-N*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-N*2
Tax contract by the state
Status: in_force

* § 1020-n. Tax contract by the state. The state covenants with the\npurchasers and with all subsequent holders and transferees of bonds or\nnotes issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds that the bonds of the\nauthority issued pursuant to this title and the income therefrom shall\nbe exempt from such taxation, as aforestated in subdivision two of\nsection one thousand twenty-m of this article, and that all moneys,\nfunds and revenues pledged to pay or secure the payment of such bonds\nshall at all times be free from such taxation as aforestated in such\nsubdivision.\n  * NB There are 2 § 1020-n's\n
N.Y. LAB Law § 168 — New York Code / Act LAB / Article 5 / Title 1 / Section 168
Hours of labor of certain state employees
Status: in_force

§ 168. Hours of labor of certain state employees.  1. This section\nshall apply to all persons employed by the state in the ward, cottage,\ncolony, kitchen and dining room, and guard service personnel in any\nhospital, school, prison, reformatory or other institution within or\nsubject to the jurisdiction, supervision, control or visitation of the\ndepartment of corrections and community supervision, the department of\nhealth, the department of mental hygiene, the department of social\nwelfare or the department of veterans' services, and engaged in the\nperformance of such duties as nursing, guarding or attending the\nincarcerated individuals, patients, wards or other persons kept or\nhoused in such institutions, or in protecting and guarding the buildings\nand/or grounds thereof, or in preparing or serving food therein.\n  2. No person to whom this section is applicable shall be required to\nwork more than eight hours in any day or more than forty hours or more\nthan six days in any calendar week except in cases of fire, riot, flood,\nfamine, pestilence or other cases of emergency endangering life or\nproperty; provided, however, that any such person, upon his own request\nand with the approval of the head of the institution in which he is\nemployed, may be permitted to work one additional eight-hour day in any\ncalendar week for not more than seven calendar weeks and be allowed\ncontinuous days free from duty equivalent to the number of additional\ndays so worked. The provisions of this section shall not be interpreted\nto increase the number of working hours per day or the number of working\ndays per week of any person for whom a shorter work-day or work-week is\nnow provided.\n
N.Y. PBH Law § 404 — New York Code / Act PBH / Article 4 / Title 1 / Section 404
Hospitals; property; authority to acquire and to hold
Status: in_force

§ 404. Hospitals; property; authority to acquire and to hold. 1.  The\nboard of visitors of each state hospital in the department, as the agent\nof the department, is hereby authorized to take and hold, in the name of\nand for the people of the state, by grant, gift, devise or bequest,\nproperty to be applied, principal or income, or both, for the benefit of\nthe hospital, institution or of any patient or patients therein or to\nthe maintenance and the general uses of the hospital or institution.\n  2. No property shall be taken or held as provided by this section,\nexcept with the approval of the commissioner unless the rules of the\ncommissioner otherwise provide. Utilization and administration of\nproperty so taken and held shall be subject to the rules of the\ncommissioner.\n  3. Property taken and held as provided by this section shall be\napplied or expended for the purpose specified by the donor, subject to\nthe rules of the commissioner.\n  4. The expenditure of moneys derived from any source pursuant to the\nprovisions of this section, including income, shall be under the\nimmediate direction of the hospital, or treasurer of the institution,\nexcept as the rules of the commissioner may otherwise provide.\n
N.Y. ELN Law § 17-108 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-108
False affidavits; mutilation, destruction or loss of registry list or affidavits
Status: in_force

§ 17-108. False affidavits; mutilation, destruction or loss of\nregistry list or affidavits. 1. Any person who wilfully loses, alters,\ndestroys or mutilates the list of voters or registration poll ledgers in\nany election district, or a certified copy thereof, is guilty of a\nmisdemeanor.\n  2. An applicant for registration who shall make, incorporate or cause\nto be incorporated a material false statement in an application for\nregistration, or in any challenge or other affidavit required for or\nmade or filed in connection with registration or voting, and any person\nwho knowingly takes a false oath before a board of inspectors of\nelection, and any person who makes a material false statement in a\nmedical certificate or an affidavit filed in connection with an\napplication for registration, is guilty of a misdemeanor.\n  3. A person who shall wilfully suppress, mutilate or alter, or, except\nas authorized by this chapter, shall destroy, any signed challenge or\nother affidavit required for or made or filed in connection with\nregistration or voting, and any person who, except as authorized by this\nchapter, shall remove such an affidavit from the place of registration\nor polling place, is guilty of a felony.\n  4. A person other than the applicant who, prior to the filing of the\napplication, shall willfully suppress, mutilate, materially alter, or,\nexcept as authorized by this chapter, destroy a signed application for\nregistration by mail, is guilty of a misdemeanor.\n
N.Y. ENV Law § 33-0101 — New York Code / Act ENV / Article 33 / Title 1 / Section 33-0101
Definitions
Status: in_force

§ 33-0101. Definitions.\n  1. "Active ingredient" means:\n  a. In the case of a pesticide other than a plant regulator, defoliant\nor desiccant, an ingredient which will prevent, destroy, repel, or\nmitigate insects, fungi, rodents, weeds, or other pests.\n  b. In the case of a plant regulator, an ingredient which, through\nphysiological action, will accelerate or retard the rate of growth or\nrate of maturation or otherwise alter the behavior of ornamental or crop\nplants or their produce.\n  c. In the case of a defoliant, an ingredient which will cause the\nleaves or foliage to drop from a plant.\n  d. In the case of a desiccant, an ingredient which will artificially\naccelerate the drying of plant tissue.\n  2. "Adulterated" shall apply to any pesticide if its strength or\npurity falls below the professed standard or quality as expressed on\nlabeling or under which it is sold, or if any substance has been\nsubstituted wholly or in part for the article, or if any valuable\nconstituent of the article has been wholly or in part abstracted.\n  3. "Affected area" means the area defined in a petition for the\nprotection of a grape growing area.\n  4. "Agency" means any state agency; municipal corporation; public\nauthority; college, as that term is defined in the education law;\nrailroad, as that term is defined in the railroad law; or telegraph,\ntelephone, telegraph and telephone, pipeline, gas, electric, or gas and\nelectric corporation as those terms are defined in the transportation\ncorporations law, which applies pesticides.\n  5. "Agricultural commodity" means any plant or part thereof, or\nanimal, or animal product, produced by a person (including farmers,\nranchers, vineyardists, plant propagators, Christmas tree growers,\naquaculturists, floriculturists, orchardists, foresters or other\ncomparable persons) primarily for sale, consumption, propagation or\nother use by man or animals.\n  6. "Aircraft" means any contrivance now known, or hereafter invented,\nused or designed for navigation of, or flight in, the air.\n  7. "Antidote" means the most practical immediate treatment in case of\npoisoning and includes first-aid treatment.\n  8. "Application of pesticide" means any application of pesticides by\naircraft or ground equipment.\n  9. "Business registration" means the requirement of each person or\nbusiness providing services of commercial application of pesticides,\neither entirely or as part of the business, to register with the\ndepartment.\n  10. "Certified applicator" means any individual who is certified to\nuse or supervise the use of any pesticide in any category of use covered\nby his certification.\n  11. "Commercial application" means any application of any pesticide\nexcept as defined in private or residential application of pesticides.\n  12. "Defoliant" means any substance or mixture of substances intended\nfor causing the leaves or foliage to drop from a plant, with or without\ncausing abscission.\n  13. "Degradation" means the decomposition of a compound by stages,\nexhibiting well-defined intermediate products.\n  14. "Desiccant" means any substance or mixture of substances intended\nfor artificially accelerating the drying of plant tissue.\n  15. "Development" means natural and normal growth before harvest.\n  16. "Experimental use permit" means a permit issued to an applicant\nfor the use of a limited amount of a pesticide not registered pursuant\nto this article to accumulate data necessary to apply to register the\npesticide.\n  17. "Fungi" means all non-chlorophyll-bearing thallophytes (that is,\nall non-chlorophyll-bearing plants of a lower order than mosses and\nliverworts) as, for example, rusts, smuts, mildews, molds, yeast, and\nbacteria, except those on or in living man or other animals.\n  18. "Fungicide" means any substance or mixture of substances intended\nfor preventing, destroying, repelling, or mitigating any fungi.\n  19. "General use pesticide" means a pesticide which does not meet the\nstate criteria for a restricted pesticide as established under authority\nof section 33-0303 of this article.\n  20. "Grape grower" means a producer of grapes for profit.\n  21. "Grape vineyard" means lands upon which grapevines are maintained\nand harvested for profit.\n  22. "Ground equipment" means any machine or device (other than\naircraft) for use on land or water, designed for, or adaptable to use in\napplying pesticide as spray, dust, aerosol, fog, or in any other form.\n  23. "Herbicide" means any substance or mixture of substances intended\nfor preventing, destroying, repelling, or mitigating any weed.\n  24. "Insect" means any of the numerous small invertebrate animals\ngenerally having the body more or less obviously segmented, for the most\npart belonging to the class Insecta, comprising six-legged, usually\nwinged forms, as, for example, beetles, bugs, bees, flies, and to other\nallied classes of arthropods whose members are wingless and usually have\nmore than six legs, as, for example, spiders, mites, ticks, centipedes,\nand wood lice, except those on or in living man.  This term shall also\ninclude hematodes.\n  25. "Inert ingredient" means an ingredient which is not an active\ningredient.\n  26. "Ingredient statement" means either:\n  a. A statement of the name and percentage of each active ingredient,\ntogether with the total percentage of the inert ingredients, in the\npesticide; and\n  b. If the pesticide contains arsenic in any form, a statement of the\npercentage of total and water soluble arsenic, each calculated as\nelemental arsenic.\n  27. "Insecticide" means any substance or mixture of substances\nintended for preventing, destroying, repelling, or mitigating any\ninsects which may be present in any environment whatsoever, except those\non or in living man.\n  28. "Label" means the written, printed, or graphic matter on, or\nattached to, the pesticide, or its immediate container and any outside\ncontainers or wrappers.\n  29. "Labeling" means all labels and other written, printed, or graphic\nmatter:\n  a. Upon the pesticide or any of its containers or wrappers;\n  b. Accompanying the pesticide at any time;\n  c. To which reference is made on the label or in literature\naccompanying the pesticide, except when accurate, non-misleading\nreference is made to current official publications of the United States\nDepartment of Agriculture or Interior, the United States Public Health\nService, state agricultural experiment stations, state colleges of\nagriculture, or other similar federal institutions or official agencies\nof this state or other states authorized by law to conduct research in\nthe field of pesticides.\n  30. "Major source of agricultural income" means that the producers of\ngrapes within the affected area obtain at least ten percent of their\ngross income as a group in any five year period from the production of\ngrapes.\n  31. "Metabolite" means any of the various organic compounds produced\nby metabolism.\n  32. "Misbranded" shall apply to any pesticide:\n  a. If its labeling bears any statement, design, or graphic\nrepresentation relative thereto or to its ingredients which is false or\nmisleading in any particular;\n  b. If it is an imitation of or is offered for sale under the name of\nanother pesticide; or if its labeling bears any reference to\nregistration under this article;\n  c. If the labeling accompanying it does not contain instructions for\nuse which are necessary and, if complied with, adequate for the\nprotection of the public;\n  d. If the label does not contain a warning or caution statement which\nmay be necessary and, if complied with, adequate to prevent injury to\nhealth and the environment;\n  e. If the label is not visible and readable on the outside of the\nmarketing package which is presented or displayed under customary\nconditions of purchase;\n  f. If any word, statement, or other information required by or under\nthe authority of this article to appear on the labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or graphic matter in the labeling) and\nin such terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use;\n  g. If in the case of an insecticide, fungicide, or herbicide, when\nused as directed or in accordance with commonly recognized practice, it\nshall be injurious to living man or other vertebrate animals or\nvegetation, except weeds, to which it is applied, or to the person\napplying such pesticide; or\n  h. If in the case of a plant regulator, defoliant, or desiccant when\nused as directed it shall be injurious to living man or other vertebrate\nanimals, or vegetation to which it is applied, or to the person applying\nsuch pesticide; provided, that physical or physiological effects on\nplants or parts thereof shall not be deemed injurious, when this is the\npurpose for which the plant regulator, defoliant, or desiccant was\napplied, in accordance with the label claims and recommendations.\n  i. If its labeling in any other way fails to conform to the labeling\nrequirements of the Federal Insecticide, Fungicide, and Rodenticide Act\nof 1972, as amended.\n  33. "Person" means any individual, partnership, association,\ncorporation, organized group of persons whether incorporated or not,\nprivate or public authority, state government or agency, political\nsubdivision, governmental agency or any other legal entity whatever.\n  34. "Pest" means (1) any insect, rodent, fungus, weed, or (2) any\nother form of terrestrial or aquatic plant or animal life or virus,\nbacteria or other micro-organism (except viruses, bacteria or other\nmicro-organisms on or in living man or other living animals) which the\ncommissioner declares to be a pest.\n  35. "Pesticide" means:\n  a. Any substance or mixture or substances intended for preventing,\ndestroying, repelling, or mitigating any pest; and\n  b. Any substance or mixture of substances intended for use as a plant\nregulator, defoliant or desiccant.\n  36. "Pesticide business" means any person providing commercial\napplication of pesticides for hire.\n  37. "Plant regulator" means any substance or mixture of substances,\nintended through physiological action, for accelerating or retarding the\nrate of growth or rate of maturation, or for otherwise altering the\nbehavior of ornamental or crop plants or their produce, but shall not\ninclude substances to the extent that they are intended as plant\nnutrients, trace elements, nutritional chemicals, plant inoculants, and\nsoil amendments.\n  38. "Private application" means any application of any pesticide for\nthe purpose of producing an agricultural commodity\n  a. on property owned or rented by the applicator or the applicator's\nemployer, or\n  b. if applied without compensation other than the barter of personal\nservices between producers of agricultural commodities, on property\nowned or rented by a party to such a barter transaction.\n  39. "Proximity" means a radial distance of two miles from the site of\ndamage to grape vineyards.\n  40. "Registrant" means the person registering any pesticide pursuant\nto the provisions of this article.\n  41. "Residential application" shall mean the application of general\nuse pesticides by ground equipment on property owned or leased by the\napplicator, excluding any establishment selling or processing food and\nany residential structure other than the specific dwelling unit in which\nthe applicator resides.\n  42. "Restricted use pesticide" means a pesticide, as defined in this\narticle and determined as provided in section 33-0303:\n  a. Which (1) either (a) persists in the environment, or (b)\naccumulates as either the pesticide per se, a pesticide metabolite, or a\npesticide degradation product in plant or animal tissue or product, and\nis not excreted or eliminated within a reasonable period of time, and\nwhich may be transferred to other forms of life; and (2) which by virtue\nof such persistence or accumulation creates a present or future risk of\nharmful effects on any organism other than the target organisms; or\n  b. Which the commissioner finds is so hazardous to man or other forms\nof life that restrictions on its sale, purchase, use, or possession are\nin the public interest.\n  43. "Rodenticide" means any substance or mixture of substances\nintended for preventing, destroying, repelling, or mitigating rodents or\nany other vertebrate animals which the commissioner shall declare to be\na pest.\n  44. "Target organisms" means those organisms which the pesticide is\nintended to inhibit or destroy pursuant to its registered labeled usage.\n  45. "Weed" means any plant which grows where not wanted.\n  46. "Commercial lawn application" means the application of pesticide\nto ground, trees, or shrubs on public or private outdoor property. For\nthe purposes of this article the following shall not be considered\ncommercial lawn application:\n  a. the application of pesticide for the purpose of producing an\nagricultural commodity;\n  b. residential application of pesticides;\n  c. the application of pesticides around or near the foundation of a\nbuilding for the purpose of indoor pest control;\n  d. the application of pesticides by or on behalf of agencies except\nthat agencies shall be subject to visual notification requirements\npursuant to section 33-1003 where such application is within one hundred\nfeet of a dwelling, multiple dwelling, public building or public park;\nand\n  e. the application of pesticides on golf courses or turf farms.\n  47. "Major change in labeling" shall mean any new label or labeling or\nany amended label or labeling for a pesticide product which contains an\nactive ingredient previously registered and which (a) results in a major\nchange in the use pattern for the active ingredient; (b) changes the\nclassification of the active ingredient or the product to general use or\nrestricted use; increases the application rate; changes the percent\nconcentration of an active ingredient other than an increase due to\nchanges in methods of analysis; adds a previously-registered active\ningredient or deletes any active ingredient; or (c) any other change\nwhich significantly increases the potential exposure of any non-target\norganism or which increases the potential for a significant impact to\nhumans, property or the environment.\n  48. "Residential lawn application" means the application of general\nuse pesticides to ground, trees or shrubs on property owned by or leased\nto the individual making such application. For the purposes of this\narticle the following shall not be considered residential lawn\napplication:\n  a. The application of pesticides for the purpose of producing an\nagricultural commodity;\n  b. The application of pesticides around or near the foundation of a\nbuilding for the purpose of indoor pest control;\n  c. The application of pesticides by or on behalf of agencies except\nthat agencies shall be subject to visual notification requirements\npursuant to section 33-1003 of this article where such application is\nwithin one hundred feet of a dwelling, multiple dwelling, public\nbuilding or public park; and\n  d. The application of pesticides on golf courses or turf farms.\n  49. "Abutting property" shall mean any property which has any boundary\nor boundary point in common with the property on which the pesticide is\nto be applied.\n
N.Y. EDN Law § 228 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 228
The Hamilton college sewer district
Status: in_force

§ 228. The Hamilton college sewer district. The Hamilton college sewer\ndistrict established in the town of Kirkland, Oneida county, outside the\nvillage of Clinton, is hereby continued and all the provisions of the\ntown law relating to a sewer district in a town shall apply to such\ndistrict, except as herein otherwise provided: The district shall be\ngoverned by a board of sewer district commissioners consisting of three\npersons, who shall serve until a vacancy shall occur by reason of death,\nresignation or removal from office. The town board of the town of\nKirkland may remove a member of the board for inefficiency, neglect of\nduty or misconduct in office after a public hearing on not less than ten\ndays' written notice and an opportunity to be heard in person or by\ncounsel. A vacancy in office of a commissioner shall be filled by\nappointment by the town board from a list of nominations of not less\nthan three persons made by the remaining commissioners. Each\ncommissioner appointed by the town board must be a resident taxpayer of\nthe sewer district or in lieu thereof an officer, trustee or member of\nthe faculty of Hamilton college. Such commissioners shall select one of\ntheir number as chairman and another as secretary. Each commissioner,\nbefore entering upon the duties of his office, shall take the\nconstitutional oath of office and execute to the town of Kirkland and\nfile with the town clerk an official undertaking in such sum and with\nsuch sureties as the town board from time to time may direct. Such\ncommissioners may be paid for their services an annual amount, as\ndetermined by the town board, up to two thousand dollars. Such\ncompensation shall be deemed an expense of the district. The board of\nsewer district commissioners of such district shall have all the powers\nand be subject to the duties and responsibilities of district\ncommissioners elected pursuant to the provisions of article thirteen of\nthe town law.\n
N.Y. ELN Law § 17-100 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-100
Definitions
Status: in_force

§ 17-100. Definitions. 1. The word "election" as used in this article\nshall be deemed to apply to and include all general, special and primary\nelections, unofficial primaries and all local elections relating to\ncandidates, ballot proposals, proceedings for the nominations of\ncandidates by petition, and all elections held pursuant to Article 52A\nof the education law.\n  2. The word "candidate" shall be deemed to apply to any person seeking\na nomination, designation, or election to a public office or party\noffice.\n  3. The term "election officer" shall mean any person who, pursuant to\nthe provisions of this chapter, performs any duty or function in the\nelectoral process.\n  4. The term "public officer" as used in this article shall be deemed\nto apply to any person who holds an elective or appointive office of the\nstate, separate authority or any political subdivision of the state with\nauthority to supervise other personnel within such subdivisions. The\nterm "public employee" shall be deemed to apply to all other personnel\nof the state or such authorities or subdivisions.\n