N.Y. PBA Law § 558 — New York Code / Act PBA / Article 3 / Title 3 / Section 558
Consent of state
Status: in_force

§ 558. Consent of state. 1. The state of New York does hereby agree\n(a) to the use by the authority, so long as its corporate existence\nshall continue, of any lands necessary or convenient for the project in\nwhich the state has any right, title or interest situate, lying or being\non Randall's island or Ward's island or in the waters adjacent thereto,\nprovided, however, that no buildings used by or for the state, shall be\nrazed or removed until the same have been vacated and (b) to the use by\nthe authority, so long as its corporate existence shall continue, of any\nlands under water necessary or convenient for the project.\n  2. The state of New York does hereby agree to the use by the authority\nof any lands, lands under water or the air space over any of such lands\nin which the state has any right, title or interest and which are\nnecessary or convenient for the Throgs Neck bridge project and, after\ntitle to the Narrows bridge project shall vest in the authority, for the\nNarrows bridge project.\n
N.Y. DOM Law § 77-H — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-H
Service of petition and order
Status: in_force

§ 77-h. Service of petition and order. Except as otherwise provided in\nsection seventy-seven-j of this title, the petition and order must be\nserved, by any method authorized by the law of this state, upon\nrespondent and any person who has physical custody of the child. Service\nmay be made outside the state in the manner prescribed by section\nseventy-five-g of this article.\n
N.Y. ENV Law § 13-0340-A — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-A
Weakfish (Cynoscion regalis)
Status: in_force

§ 13-0340-a. Weakfish (Cynoscion regalis).\n  The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of weakfish\n(Cynoscion regalis), including size limits, catch and possession limits,\nopen and closed seasons, closed areas, restrictions on the manner of\ntaking and landing, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n
N.Y. RPT Law § 553 — New York Code / Act RPT / Article 5 / Title 3 / Section 553
Correction of final assessment rolls
Status: in_force

§ 553. Correction of final assessment rolls. 1. An assessor shall\nexecute and transmit a petition to the board of assessment review, as\nprescribed by subdivision two of this section, for correction of any of\nthe following errors:\n  (a) a clerical error on the assessment roll for the current or\npreceding year which has resulted in an assessed valuation, or a special\nassessment or other charge based on units of service provided by a\nspecial district which is less than that actually appearing upon the\nproperty record card, field book or other final work product of the\nassessor;\n  (b) a clerical error on the assessment roll of the current year which\nhas resulted in an assessed valuation, or a special assessment or other\ncharge based on units of service provided by a special district which is\nmore than that actually appearing upon the property record card, field\nbook or other final work product of the assessor, or upon the final\nverified statement of the board of assessment review;\n  (c) an omission from the assessment roll for the preceding year of the\nassessed valuation of taxable real property;\n  (d) an omission from the assessment roll for the current year of the\nassessed valuation of taxable real property;\n  (e) an unlawful entry appearing on the current assessment roll;\n  (f) an error in essential fact appearing on the current assessment\nroll;\n  (f-1) an incorrect entry of a partial exemption on the immediately\npreceding year's assessment roll for a parcel which was not eligible for\nsuch exemption, provided that there has not been a transfer of title\nsubsequent to the filing of such roll and provided further that the\nexemption has not been renounced pursuant to section four hundred\nninety-six of this chapter;\n  (g) an entry of assessed valuation of state land subject to taxation\non an assessment roll for the current or preceding year which is less\nthan the assessment thereof approved by the commissioner;\n  (h) an entry of assessed valuation of a special franchise on an\nassessment roll for the current or preceding year which is less than the\nfinal assessment thereof as determined by the commissioner pursuant to\nsubdivision one of section six hundred six of this chapter, or the full\nvalue of that special franchise as determined by the commissioner\npursuant to subdivision two of section six hundred six of this chapter\nadjusted by the final state equalization rate established by the\ncommissioner for the assessment roll upon which that value appears.\n  2. (a) A petition for correction of an error listed in paragraphs (a),\n(c), (d), (f), (f-1), (g) and (h) of subdivision one of this section\nshall be transmitted at least ten days prior to the date designated\npursuant to subdivision three of this section for the review of\nassessments made pursuant to this section. A petition for the correction\nof an error listed in paragraphs (b) and (e) of subdivision one of this\nsection shall be transmitted at least five days prior to the date\ndesignated pursuant to subdivision three of this section for the review\nof assessments. The petition for correction of an error listed in\nsubdivision one of this section shall be on a form and contain such\ninformation as prescribed by the commissioner and shall include any\navailable proof that such error occurred. For an error described in\nparagraph (f) of subdivision one of this section, the petition shall\ninclude: (i) a copy of the property record card, field book, or other\nfinal work product upon which the incorrect assessment was based; and\n(ii) a copy of any existing municipal record which substantiates the\noccurrence of the error.\n  (b) The assessor shall, at least ten days prior to the date designated\nfor the review of assessments made pursuant to paragraphs (a), (c), (d),\n(f), (f-1), (g) and (h) of subdivision one of this section, notify by\ncertified mail, return receipt requested, any owner of real property\nassessed pursuant to this section. Such notice shall include a copy of\nthe petition of the assessor and a statement of the time and place of\nthe meeting of the appropriate board of assessment review.\n  3. (a) The chairman of the board of assessment review shall, on the\ndate specified for meetings of boards of review by section five hundred\nsix of this chapter or by other applicable law, designate the dates on\nwhich the board of assessment review shall convene to review assessments\nmade pursuant to this section. The dates to be designated shall be at\nleast fifteen days subsequent to the filing of the final assessment roll\nand not more than ninety days but not later than twenty days prior to\nthe date on which the tax levying body issues the warrant for the\ncollection of taxes. The chairman of the board of assessment review\nshall immediately notify the appropriate assessor, tax levying body and\ncounty director of real property tax services of the designated dates.\n  (b) The appropriate board of assessment review, if it has received one\nor more petitions transmitted in accordance with the provisions of\nsubdivision two of this section or section five hundred fifty-four or\nfive hundred fifty-six of this title, shall, on the date designated by\nthe chairman pursuant to paragraph (a) of this subdivision, convene to\nreview such petitions, and on such review the board shall have all of\nthe powers and duties imposed by law on boards of review by section five\nhundred twelve of this chapter and by any other law. If no petitions\nhave been transmitted within five days of the designated date, the\nchairman of the board of assessment review may cancel the meeting upon\nnotice to the members of such board, the appropriate assessor or board\nof assessors, the tax levying body and the county director of real\nproperty tax services.\n  (c) The members of the board of assessment review or a majority of\nthem shall prepare and verify a statement showing the changes in\nassessments made pursuant to this section. Such verified statement shall\nbe delivered to the appropriate tax levying body within five days of the\nmeeting of the board of assessment review and a copy of that statement\nshall be delivered to the assessor and shall be filed with the final\nassessment roll and retained in the office of the city or town clerk.\n  4. (a) Upon receipt of the verified statement of changes made by the\nboard of assessment review, the appropriate tax levying body, prior to\nthe extension of taxes and annexation of the warrant, shall:\n  (1) as to a clerical error described in paragraph (a) of subdivision\none of this section, enter on the assessment roll of the current year an\nassessment of the real property, as determined by the board of\nassessment review, equal to the difference between the valuation\nappearing on the property record card, field book or other final work\nproduct of the assessor and the amount at which, by such clerical error,\nthe property was placed upon the final assessment roll of the preceding\nor current year, and levy a tax thereon by applying the tax rate of the\nappropriate municipal corporation for the year in which the mistake\noccurred;\n  (2) as to a clerical error described in paragraph (b) of subdivision\none of this section or an error in essential fact as defined in\nparagraph (a), (b) or (c) of subdivision three of section five hundred\nfifty of this title, reduce the assessment of such real property on the\nassessment roll of the current year to the valuation, as determined by\nthe board of assessment review, for the current year and levy the tax on\nsuch reduced amount;\n  (3) as to an omitted assessment as described in paragraph (c) of\nsubdivision one of this section, place the same on the roll of the\ncurrent year at the valuation, as determined by the board of assessment\nreview, for the preceding year, and tax the same at the rate of tax for\nthe preceding year;\n  (4) as to an omitted assessment as described in paragraph (d) of\nsubdivision one of this section or an error in essential fact as defined\nin paragraph (d) of subdivision three of section five hundred fifty of\nthis title, place the same thereon at the valuation, as determined by\nthe board of assessment review, for the current year and tax the same at\nthe rate of tax for the current year;\n  (5) as to an unlawful entry as described in paragraph (e) of\nsubdivision one of this section, cancel such unlawful entry, and, if\nappropriate, enter such assessed value in the wholly exempt portion of\nthe assessment roll;\n  (6) as to an entry of a canceled partial exemption as described in\nparagraph (f-1) of subdivision one of this section and as determined by\nthe board of assessment review, enter on the assessment roll of the\ncurrent year the increase in the taxable assessment for the preceding\nyear that results from such cancellation, and levy a tax thereon by\napplying the tax rate of the appropriate municipal corporation for the\nyear in which the exemption was wrongly received;\n  (7) as to an entry of assessed valuation as described in paragraphs\n(g) and (h) of subdivision one of this section, enter on the assessment\nroll of the current year an assessment of the real property, equal to\nthe difference between the assessment approved or determined by the\ncommissioner, as the case may be, and the amount at which the property\nwas placed upon the final assessment roll of the preceding or current\nyear, and levy a tax thereon by applying the tax rate of the appropriate\nmunicipal corporation or special district for the appropriate year.\n  (b) Upon a correction to a final assessment roll made pursuant to\nparagraph (a) of this subdivision, the appropriate tax levying body\nshall immediately mail notice of the correction to the owner of the real\nproperty affected by such correction.\n  (c) An assessment of real property made pursuant to this section shall\nbe subject to review as provided in article seven of this chapter. Such\na proceeding shall be commenced within thirty days of the date of the\nmailing of the notice as provided by paragraph (b) of this subdivision.\n  5. The amount of any tax levied at the tax rate for the preceding year\npursuant to subparagraphs one, three, six and seven of paragraph (a) of\nsubdivision four of this section shall be deducted from the aggregate\namount of taxes to be levied for the current year.\n
N.Y. PBA Law § 3032 — New York Code / Act PBA / Article 10 / Title 3 / Section 3032
Definitions
Status: in_force

* § 3032. Definitions. As used in this title, the following words and\nterms shall have the following meanings unless the context shall\nindicate another or different meaning or intent:\n  1. "Corporation" means the corporate governmental agency created by\nsection three thousand thirty-three of this chapter.\n  2. "City" means the city of New York.\n  3. "Mayor" means the mayor of the city of New York.\n  4. "City comptroller" means the comptroller of the city of New York.\n  5. "City budget director" means the director of management and budget\nof the city of New York.\n  6. "Short-term obligations" means tax anticipation notes, revenue\nanticipation notes, bond anticipation notes, budget notes and urban\nrenewal notes.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. LAB Law § 270 — New York Code / Act LAB / Article 11 / Title 3 / Section 270
Construction of buildings erected after October first, nineteen hundred and thirteen
Status: in_force

§ 270. Construction of buildings erected after October first, nineteen\nhundred and thirteen. No factory shall be conducted in a building\nerected after October first, nineteen hundred and thirteen, unless such\nbuilding shall conform to the following requirements:\n  1. Fireproof construction. All buildings more than four stories in\nheight shall be fireproof.\n  2. Roofs and walls. Roofs shall be covered either with incombustible\nmaterial, or tar and slag, or plastic cement or such other materials as\nthe board may approve, supported and laid according to its\nspecifications. Cornices shall be constructed of incombustible material.\nAll exterior walls within twenty-five feet of a non-fireproof building\nshall be built of brick, stone, concrete, cinder or concrete block or\ntile, terra cotta or other fireproof material acceptable to the state\ndepartment of labor.\n  3. Required exits. a. On each floor used as a factory there shall be\nnot less than two exits remote from each other, except that a single\nexit may be accepted by the commissioner from a floor or other area, of\none thousand square feet or less, so long as no person is regularly\nemployed on such floor or other area. One such exit on each floor used\nas a factory shall be a grade exit, an interior or exterior enclosed\nfireproof stairway or ramp. The other shall be either such a grade exit,\nstairway, ramp, or a horizontal exit, except that unenclosed exterior\nstairways or ramps within the property line, extending up or down to\ngrade may be substituted for enclosed stairways from a floor immediately\nabove or below the ground or first floor. Elevated runways and working\nplatforms on which there is no regular or permanent occupancy shall not\nbe construed as floors.\n  b. No point in any floor above or below the ground or first floor\nshall be more than one hundred feet distant from the entrance to one\nsuch exit at that floor and in a sprinklered building more than one\nhundred and fifty feet distant from such exit. No point in any ground,\nor first floor shall be more than two hundred feet distant from an exit\nfrom that floor and in a sprinklered building more than two hundred and\nfifty feet distant from such exit; provided that no point in any ground,\nor first floor of a building erected after July first, nineteen hundred\nforty-eight, in which a factory is conducted, shall be more than one\nhundred fifty feet distant from an exit from that floor and in a\nsprinklered building more than two hundred feet distant from such exit.\n  c. In every building over one hundred feet in height there shall be at\nleast one exterior fireproof enclosed stairway which shall be accessible\nfrom any point in the building.\n  4. Stairways and ramps. a. All required interior stairways and ramps\nshall be constructed of incombustible material. Two hour fire test\nenclosures shall be provided in buildings over two stories in height,\nand in all subgrade stories. One hour fire test enclosures shall be\nprovided for all other stairs and ramps in buildings two stories or less\nin height. All stairways and ramps shall have an unobstructed width of\nat least forty-four inches throughout their length except that hand\nrails may project not more than three and one-half inches into such\nwidth.  There shall be not more than twelve feet six inches in height\nbetween successive landings. The treads shall be not less than ten\ninches wide and the risers shall be closed and not more than seven and\nthree-fourths inches. No stairway with "winders" shall be permitted as a\nrequired exit. The treads shall be constructed and maintained so as to\nprevent persons from slipping thereon. Ramps used in place of required\nexit stairways shall have a slope not exceeding one foot in eight feet\nand shall comply with the requirements for stairways as to material,\nwidth, enclosure, ventilation, landings and shall have non-slip\nsurfaces.\n  b. Every such required interior stairway shall be enclosed and\nventilated in a manner conforming to rules adopted by the board, except\nthat unenclosed stairways, no part of whose floor opening is more than\ntwenty feet from an open side of the mezzanine and which lead to the\nfloor immediately below, may be accepted from an unenclosed mezzanine\nnot exceeding twenty-five hundred feet in area, unless otherwise\nspecified by the board in its rules.\n  c. Exterior windows within twenty-five feet of a non-fireproof\nstructure shall be fire windows. Skylights, unless provided with wired\nglass, shall have thereunder a shield of wire mesh in substantial frame\nwork.\n  d. Whenever safe egress may be had from the roof of a building\nexceeding two stories in height to an adjacent structure all stairways\nserving as required exits shall extend to the roof, provided that in\nbuildings over five stories in height at least one of the stairways\nserving as required exits shall extend to the roof. All stairways\nserving as required exits shall lead (a) continuously to the street, or\n(b) to a fireproof passageway independent of other exits from the\nbuilding opening on a road or street, or (c) to an open area affording\nunobstructed passage to a road or street, except that unobstructed\naccess to exits on the floor immediately below may be accepted for\nstairways from a mezzanine floor unless otherwise specified by the board\nin its rules. Provision shall be made for the adequate lighting of all\nstairways, ramps and passageways by artificial light. Where more than\ntwo stairways are provided in a building, not more than two may lead\nthrough a common fireproof passage to a street. Required stairways\nterminating at a floor below roof shall be connected at floor at which\nsuch stairs terminate through a fireproof passage to at least one other\nrequired stairway.\n  5. Doors and doorways. All doors at required exits or that lead to\nrequired exits shall open outwardly. The width of the fireproof\npassageways and exit doorways including stops, leading to the street at\nthe grade level shall be not less than the aggregate required width of\nall stairways and ramps leading to them. The aggregate capacity of all\nother required exit doorways shall be calculated on the basis of\ntwenty-two inches for each fifty persons or fraction thereof to be\nserved by such doorways, but no such doorway shall be less than\nthirty-six inches in width.\n  The provisions of this section shall not apply to a building, in a\ncity having a population of more than one million, used exclusively by\none employer and in which not more than one-tenth of all the persons\nemployed therein are engaged in work for a factory and which, except for\nsuch factory work, would be classified as a mercantile establishment.\n
N.Y. MDW Law § 77 — New York Code / Act MDW / Article 3 / Title 3 / Section 77
Plumbing and drainage
Status: in_force

§ 77. Plumbing and drainage. 1. In every multiple dwelling all liquid\nor water-borne waste from plumbing fixtures shall be conveyed by a house\ndrain and house sewer to a street sewer or to a combined street\nstorm-water main and sewer, unless no such sewers are available. It\nshall be unlawful to erect a multiple dwelling which is to be occupied\nby five families or more unless a connection is made with a street sewer\nor combined street storm-water main and sewer.\n  2. For every multiple dwelling where neither kind of sewer is\navailable, provision shall be made for disposing of such waste as may be\nrequired by local law.\n  3. All roofs, terraces, shafts, courts, areas and yards in every\nmultiple dwelling shall be properly graded, drained and connected with a\nstreet storm-water main or combined sewer and street storm-water main so\nthat all storm water may pass freely into it, except that where no\nstreet storm-water main or combined sewer and street storm-water main\nexists, the department may permit the storm water from such areas and\nspaces to drain into a street gutter which leads to a natural channel or\nwater course, or into a dry well. When required by the department, the\nshafts, courts, areas and yards shall be properly concreted. Every roof\nshall be so drained that all storm water shall be conveyed therefrom in\na manner that will prevent dripping to the ground or the causing of\ndampness in walls, ceilings, yards, shafts or areas. Nothing in this\nsection shall be deemed to prevent the turfing over of any yard or court\nspace or the planting of shrubs or trees therein when approved by the\ndepartment.\n  4. The owner of every multiple dwelling or part thereof shall\nthoroughly cleanse and keep clean at all times, and in good repair, the\nentire plumbing and drainage system including every water-closet, toilet\nand sink and every other plumbing fixture therein.\n  5. Whenever the plumbing, sewerage or drainage of any multiple\ndwelling or part thereof or of the lot on which it is situated is in the\nopinion of the department in a condition or in its effect dangerous to\nlife or health, the department may order or cause any such plumbing,\nsewerage or drainage to be purified, cleansed, disinfected, removed,\naltered, repaired or improved, or, as provided in section three hundred\nnine, take such other action as it may deem necessary to remove such\ndanger to life or health.\n
N.Y. PBH Law § 4130 — New York Code / Act PBH / Article 41 / Title 3 / Section 4130
Births; registration
Status: in_force

§ 4130. Births; registration. 1. Live birth is defined as the complete\nexpulsion or extraction from its mother of a product of conception,\nirrespective of the duration of pregnancy, which, after such separation,\nbreathes or shows any other evidence of life such as beating of the\nheart, pulsation of the umbilical cord, or definite movement of\nvoluntary muscles, whether or not the umbilical cord has been cut or the\nplacenta is attached; each product of such a birth is considered live\nborn.\n  2. The birth of each child born alive in this state shall be\nregistered within five days after the date of birth by filing with the\nregistrar of the district in which the birth occurred a certificate of\nsuch birth, which certificate shall be upon the form prescribed therefor\nby the commissioner.\n  3. In each case where a physician or nurse-midwife was in attendance\nupon the birth, it shall be the duty of such physician or nurse-midwife\nto file said certificate.\n  4. In each case where there was no physician or nurse-midwife in\nattendance upon the birth, it shall be the duty of the father or mother\nof the child, the householder or owner of the premises where the birth\noccurred, or the director or person in charge of the public or private\ninstitution where the birth occurred, each in the order named, within\nfive days after the date of such birth, to report to the local registrar\nthe fact of such birth and to file said certificate.\n  5. When a birth occurs in a hospital, the person in charge of such\nhospital or his designated representative shall obtain the personal\ndata, prepare the certificate, secure the signatures required by the\ncertificate and file it with the registrar. The physician in attendance\nor a physician acting in his behalf shall certify to the facts of birth\nand provide the medical information required by the certificate within\nfive days after the birth.\n
N.Y. PBH Law § 542 — New York Code / Act PBH / Article 5 / Title 3 / Section 542
City laboratories; boards of managers; appointment
Status: in_force

§ 542. City laboratories; boards of managers; appointment. 1. (a) The\nmayor of any city establishing a laboratory in accordance with the\nprovisions of this article shall appoint the board of managers of such\nlaboratory which board shall consist of at least five members, two of\nthem shall be physicians duly licensed to practice in the state of New\nYork. The county medical society may present to the mayor a list of\nnames of physicians residing in the city from which he may choose the\nmedical members of the board of managers.\n  (d) The president of the local board of health, if such office exists,\nand the local commissioner of health or health officer shall be\nex-officio members of the board of managers of the laboratory.\n  2. In cities when more than one laboratory is established, only one\nboard of managers shall be appointed, which shall have jurisdiction over\nall the laboratories established or operating under sections five\nhundred forty to five hundred forty-three inclusive, of this chapter, in\nsaid city.\n
N.Y. VAT Law § 314 — New York Code / Act VAT / Title 3 / Article 6 / Section 314
Acceptance of financial security deposits
Status: in_force

§ 314. Acceptance of financial security deposits. 1. All moneys or\nsecurities delivered to the commissioner as a financial security deposit\nshall be placed by the commissioner in the custody of the commissioner\nof taxation and finance and shall be subject to execution to satisfy any\njudgment for damages for bodily injury or death, or injury to or\ndestruction of property, arising out of the ownership, maintenance, use\nor operation of the motor vehicle with respect to which the deposit has\nbeen accepted, and subject to the same limits on amounts required by\nthis article for an owner's policy of liability insurance, and if such\nmoneys or securities shall be otherwise subjected to attachment or any\nexecution, the depositor shall immediately furnish such additional\nmoneys or securities, not otherwise subject to attachment or execution,\nto meet the requirements of this article.\n  2. The commissioner shall not accept such moneys or securities as a\nfinancial security deposit unless accompanied by evidence that there are\nno unsatisfied judgments against such person registered in the office of\nthe county clerk of the county where such person resides.\n
N.Y. PBA Law § 3959 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3959
Control period
Status: in_force

§ 3959. Control period. 1. The authority shall impose a control period\nat any time that any of the following events has occurred or that there\nis a substantial likelihood and imminence of such occurrence: (a) the\ncounty shall have failed to adopt a balanced budget within time frames\nprescribed in the county charter, financial plan or budget modification\nas required by sections thirty-nine hundred fifty-six and thirty-nine\nhundred fifty-seven of this title; (b) the county shall have failed to\npay the principal of or interest on any of its bonds or notes when due;\n(c) the county shall have incurred a major operating funds deficit of\none percent or more in the aggregate results of operations of such funds\nof the county during its fiscal year assuming all revenues and\nexpenditures are reported in accordance with generally accepted\naccounting principles, subject to the provisions of this title; (d) the\ncomptroller's certification at any time, at the request of the authority\nor on the comptroller's initiative, which certification shall be made\nfrom time to time as promptly as circumstances warrant and reported to\nthe authority, that on the basis of facts existing at such time the\ncomptroller could not make the certification described in paragraph (b)\nof subdivision one of section thirty-nine hundred fifty-one of this\ntitle; or (e) the county shall have violated any provision of this\ntitle. The authority shall terminate any such control period when it\ndetermines that none of the conditions which would permit the authority\nto impose a control period exist. After termination of a control period\nthe authority shall annually consider paragraphs (a) through (e) of this\nsubdivision and determine whether, in its judgment, any of the events\ndescribed in such paragraphs have occurred and the authority shall\npublish each such determination. Any certification made by the\ncomptroller hereunder shall be based on the comptroller's written\ndetermination which shall take into account a report and opinion of an\nindependent expert in the marketing of municipal securities selected by\nthe authority, and the opinion of such expert and any other information\ntaken into account shall be made public when delivered to the authority.\nNotwithstanding any part of the foregoing to the contrary, in no event\nshall any control period continue beyond the later of (i) December\nthirty-first, two thousand thirty-nine, or (ii) the date when all bonds\nof the authority are refunded, discharged or otherwise defeased.\n  2. In carrying out the purposes of this title during any control\nperiod, the authority:\n  (a) shall approve or disapprove the financial plan and the financial\nplan modifications of the county, as provided in section thirty-nine\nhundred fifty-seven of this title, and shall formulate and adopt its own\nmodifications to the financial plan, as necessary; such modifications\nshall become effective upon their adoption by the authority;\n  (b) may set a maximum level of spending for any proposed budget of any\ncovered organization;\n  (c) may impose a wage and/or hiring freeze: (i) During a control\nperiod, upon a finding by the authority that a wage and/or hiring freeze\nis essential to the adoption or maintenance of a county budget or a\nfinancial plan that is in compliance with this title, the authority\nshall be empowered to order that all increases in salary or wages of\nemployees of the county and employees of covered organizations which\nwill take effect after the date of the order pursuant to collective\nbargaining agreements, other analogous contracts or interest arbitration\nawards, now in existence or hereafter entered into, requiring such\nsalary or wage increases as of any date thereafter are suspended. Such\norder may also provide that all increased payments for holiday and\nvacation differentials, shift differentials, salary adjustments\naccording to plan and step-ups or increments for employees of the county\nand employees of covered organizations which will take effect after the\ndate of the order pursuant to collective bargaining agreements, other\nanalogous contracts or interest arbitration awards requiring such\nincreased payments as of any date thereafter are, in the same manner,\nsuspended. For the purposes of computing the pension base of retirement\nallowances, any suspended salary or wage increases and any other\nsuspended payments shall not be considered as part of compensation or\nfinal compensation or of annual salary earned or earnable;\n  (ii) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, this subdivision shall not be applicable to employees of the\ncounty or employees of a covered organization subject to a collective\nbargaining agreement or an employee of the county or a covered\norganization not subject to a collective bargaining agreement where the\ncollective bargaining representative or such unrepresented employee has\nagreed to a deferment of salary or wage increase, by an instrument in\nwriting which has been certified by the authority as being an acceptable\nand appropriate contribution toward alleviating the fiscal crisis of the\ncounty. Any such agreement to a deferral of salary or wage increase may\nprovide that for the purposes of computing the pension base of\nretirement allowances, any deferred salary or wage increase may be\nconsidered as part of compensation or final compensation or of annual\nsalary earned or earnable;\n  (iii) Notwithstanding the provisions of subparagraphs (i) and (ii) of\nthis paragraph, no retroactive pay adjustments of any kind shall accrue\nor be deemed to accrue during the period of wage freeze, and no such\nadditional amounts shall be paid at the time a wage freeze is lifted, or\nat any time thereafter;\n  (d) shall periodically evaluate the suspension of salary or wage\nincreases or suspensions of other increased payments or benefits, and\nmay, if it finds that the fiscal crisis, in the sole judgment of the\nauthority has abated, terminate such suspensions;\n  (e) shall review and approve or disapprove any collective bargaining\nagreement to be entered into by the county or any covered organization,\nor purporting to bind, the county or any covered organization. Prior to\nentering into any collective bargaining agreement, the county or any\ncovered organization shall submit a copy of such collective bargaining\nagreement to the authority, accompanied by an analysis of the projected\ncosts of such agreement and a certification that execution of the\nagreement will be in accordance with the financial plan. Such submission\nshall be in such form and include such additional information as the\nauthority may prescribe. The authority shall promptly review the terms\nof such collective bargaining agreement and the supporting information\nin order to determine compliance with the financial plan, and shall\ndisapprove any collective bargaining agreement which, in its judgment,\nwould be inconsistent with the financial plan. No collective bargaining\nagreement binding, or purporting to bind, the county or any covered\norganization after the effective date of this title shall be valid and\nbinding upon the county or any covered organization unless first\napproved by resolution of the authority;\n  (f) shall act jointly with the county in selecting members of any\ninterest arbitration panel. Notwithstanding any other evidence presented\nby the county, the covered organization or any recognized employee\norganization, the arbitration panel must, prior to issuing any final\ndecision, provide the authority with the opportunity to present evidence\nregarding the fiscal condition of the county;\n  (g) shall take any action necessary in order to implement the\nfinancial plan should the county or any covered organization have failed\nto comply with any material action necessary to fulfill the plan,\nprovided, however, the authority shall provide seven days notice of its\ndetermination that the county or any covered organization has not\ncomplied prior to taking any such action;\n  (h) may review and approve or disapprove contracts or other\nobligations binding or purporting to bind the county or any covered\norganization;\n  (i) shall, with respect to any proposed borrowing by or on behalf of\nthe county or any covered organization on or after July first, two\nthousand five, review the terms of and comment, within thirty days after\nnotification by the county or covered organization of a proposed\nborrowing, on the prudence of each proposed issuance of bonds or notes\nto be issued by the county or covered organization and no such borrowing\nshall be made unless first reviewed, commented upon and approved by the\nauthority. The authority shall comment within thirty days after\nnotification by the county or covered organization of a proposed\nborrowing to the county executive, the comptroller, the legislature, the\ndirector of the budget, the chair of the state senate finance committee,\nthe chair of the state assembly ways and means committee and the state\ncomptroller and indicate approval or disapproval of the proposed\nborrowing. Notwithstanding the foregoing, neither the county nor any\ncovered organization shall be prohibited from issuing bonds or notes to\npay outstanding bonds or notes; and, provided further, revenue\nanticipation notes issued in July two thousand five, shall be excluded\nfrom this requirement;\n  (j) may review the operation, management, efficiency and productivity\nof the county and any covered organizations as the authority may\ndetermine, and make reports thereon; examine the potential to enhance\nthe revenue of the county or any covered organization; audit compliance\nwith the financial plan in such areas as the authority may determine;\nrecommend to the county and the covered organizations such measures\nrelating to their operations, management, efficiency and productivity as\nthe authority deems appropriate to reduce costs, enhance revenue, and\nimprove services so as to advance the purposes of this title;\n  (k) may review and approve or disapprove the terms of any proposed\nsettlement of claims against the county or any covered organization in\nexcess of fifty thousand dollars;\n  (l) may obtain from the county, the covered organizations, the\ncomptroller, and the state comptroller, as appropriate, all information\nrequired pursuant to this section, and such other financial statements\nand projections, budgetary data and information, and management reports\nand materials as the authority deems necessary or desirable to\naccomplish the purposes of this title; and inspect, copy and audit such\nbooks and records of the county and the covered organizations as the\nauthority deems necessary or desirable to accomplish the purposes of\nthis title;\n  (m) may perform such audits and reviews of the county and any agency\nthereof and any covered organizations as it deems necessary; and\n  (n) may issue, from time to time and to the extent it deems necessary\nor desirable in order to accomplish the purposes of this title, to the\nappropriate official of the county and each covered organization, such\norders necessary to accomplish the purposes of this title, including,\nbut not limited to, timely and satisfactory implementation of an\napproved financial plan. Any order so issued shall be binding upon the\nofficial to whom it was issued and failure to comply with such order\nshall subject the official to the penalties described in subdivision\nthree of this section.\n  3. (a) During any control period: (i) no officer or employee of the\ncounty or of any of the covered organizations shall make or authorize an\nobligation or other liability in excess of the amount available therefor\nunder the financial plan as then in effect; (ii) no officer or employee\nof the county or of any of the covered organizations shall involve the\ncounty or any of the covered organizations in any contract or other\nobligation or liability for the payment of money for any purpose\nrequired to be approved by the authority unless such contract has been\nso approved and unless such contract or obligation or liability is in\ncompliance with the approved financial plan as then in effect.\n  (b) No officer or employee of the county or any of the covered\norganizations shall take any action in violation of any valid order of\nthe authority or shall fail or refuse to take any action required by any\nsuch order or shall prepare, present or certify any information\n(including any projections or estimates) or report to the authority or\nany of its agents that is false or misleading, or, upon learning that\nany such information is false or misleading, shall fail promptly to\nadvise the authority or its agents thereof.\n  (c) In addition to any penalty or liability under any other law, any\nofficer or employee of the county or any of the covered organizations\nwho shall violate paragraph (a) or (b) of this subdivision shall be\nsubject to appropriate administrative discipline, including, when\ncircumstances warrant, suspension from duty without pay or removal from\noffice by order of either the governor or the county executive; and any\nofficer or employees of the county or any of the covered organizations\nwho shall knowingly and willfully violate paragraph (a) or (b) of this\nsubdivision shall, upon conviction, be guilty of a misdemeanor.\n  (d) In the case of a violation of paragraph (a) or (b) of this\nsubdivision by an officer or employee of the county or of a covered\norganization, the county executive or the chief executive officer of\nsuch covered organization shall immediately report to the authority all\npertinent facts together with a statement of the action taken thereon.\n
N.Y. ENV Law § 3-0315 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0315
Geographic information system
Status: in_force

§ 3-0315. Geographic information system.\n  1. The department in conjunction with the commissioner of health shall\ncreate and maintain a geographic information system, and associated data\nstorage and analytical systems for purposes of collecting, streamlining,\nand visualizing integrated data, permits, and relevant sites about\ndrinking water quality including, but not limited to, incorporating\nsupply well and monitoring well data, emerging contaminant data, water\nquality monitoring data, pertinent data from remediation and landfill\nsites, permitted discharge locations and other potential contamination\nrisks to water supplies. Such system shall also incorporate information\nfrom the source water assessment program collected by the department of\nhealth, data from annual water supply statements prepared pursuant to\nsection eleven hundred fifty-one of the public health law, information\nfrom the database pursuant to title fourteen of article twenty-seven of\nthis chapter, and any other existing data regarding soil and groundwater\ncontamination currently gathered by the department, as well as data on\ncontamination that is readily available from the United States\ngeological survey and other sources determined appropriate by the\ndepartment. In addition to facilitating interagency coordination and\npredictive analysis to protect water quality, such system shall provide\nstate agency information to the public through a website, within\nreasonable limitations to ensure confidentiality and security.\n  2. The department shall make reasonable efforts to include additional\ndata, including data from well logs currently required to be filed with\nthe department pursuant to section 15-1525 of this chapter.\n  3. Parties required to submit data pursuant to any reporting\nrequirements set forth in this section shall, upon request of the\ndepartment, submit such data in an electronic format acceptable to the\ndepartment.\n
N.Y. PBA Law § 569-B — New York Code / Act PBA / Article 3 / Title 3 / Section 569-B
Restrictions on signs and billboards
Status: in_force

§ 569-b. Restrictions on signs and billboards. 1. No outdoor\nadvertising sign or device which refers to any subject other than the\nbusiness actually conducted on the premises or to sale or rental of such\npremises and no such outdoor advertising sign or device exceeding ten\nfeet in height above the sidewalk adjacent to the property on which such\nsign or device is located, shall be erected, reconstructed, painted, or\nrepainted, after the applicable date hereinafter specified in this\nsection, within five hundred feet of the Whitestone bridge project, the\nThrogs Neck bridge project, the Narrows bridge project or the Hugh L.\nCarey tunnel project or the approaches and connections of such projects,\nif within view thereof.\n  2. In the case of the Whitestone bridge project, the applicable date\nshall be April three, nineteen hundred thirty-nine, except that with\nrespect to reconstruction, painting or repainting of any such sign or\ndevice within view of such bridge project, the applicable date shall be\nthe effective date of this subdivision two.\n  3. In the case of the Throgs Neck bridge project, the Narrows bridge\nproject and the Hugh L. Carey tunnel project, the applicable date shall\nbe the effective date of this subdivision three.\n  4. A violation of any of the provisions of this section may be\nrestrained at the suit of the authority.\n
N.Y. ENV Law § 11-0307 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0307
Migratory game birds; regulation
Status: in_force

§ 11-0307. Migratory game birds; regulation.\n  * 1. The department may adopt rules and regulations in relation to\nmigratory game birds, provided such regulations are no less restrictive\nthan federal regulations made under authority of the Migratory Bird\nTreaty Act of July 3, 1918, (16 U.S.C. secs. 703-711), as may be amended\nfrom time to time.\n  * NB Effective until December 31, 2027\n  * 1. The department shall adopt rules and regulations in relation to\nmigratory game birds consistent with federal regulations made under\nauthority of the Migratory Bird Treaty Act of July 3, 1918, (16 U.S.C.\nsecs. 703-711), as presently constituted or as hereafter amended.\n  * NB Effective December 31, 2027\n  2. The department shall, by rule and regulation, establish the means\nor method for creation of both voluntary migratory bird stamps and\nmigratory bird art prints, their administration, sale and distribution\nand other matters relating to such voluntary stamps and art prints. The\ndepartment shall select appropriate works of art that will reflect\nmigratory bird species and/or aquatic ecosystem scenes. The department\nmay prepare or cause to be prepared voluntary migratory bird stamps and\nprints for any year in excess of the number otherwise to be issued for\nsale to collectors or other persons desiring to purchase such voluntary\nstamps or prints.\n  3. The department shall prepare or cause to be prepared voluntary\nmigratory bird stamps and shall furnish such migratory bird stamps\nannually to license issuing agents and officers for issuance or sale in\nthe same manner as other types of licenses. The department shall, by\nrule and regulation, establish the fee for such voluntary stamps which\nshall not exceed five dollars as a fee and fifty cents for the issuing\nagent or officer for a stamp sold in the year in which it was issued.\nThe purchase of a stamp is voluntary and need not be possessed in order\nto hunt migratory waterfowl.\n
N.Y. PBH Law § 4131 — New York Code / Act PBH / Article 41 / Title 3 / Section 4131
Births; registration; foundlings
Status: in_force

§ 4131. Births; registration; foundlings. 1. The report of the finding\nof a child whose parents are unknown, filed by the commissioner of\nsocial services or by the city social services officer in accordance\nwith the provisions of subdivision two of section three hundred\nninety-eight of the social services law, shall constitute the birth\nrecord of such child.\n  2. The district wherein such child was found shall be considered as\nthe place of birth, and the date of birth shall be that determined by\nthe commissioner of social services or by the city social services\nofficer as the approximate date of birth.\n  3. If, however, such child be subsequently identified, and it should\nappear that a certificate of birth for this child has either before or\nfollowing identification been filed, as otherwise provided in this\narticle, the report of the commissioner of social services or of the\ncity social services officer shall be placed under seal by the state\ncommissioner of health, such seal not to be broken except upon order of\na court of competent jurisdiction.\n
N.Y. PBA Law § 161 — New York Code / Act PBA / Article 2 / Title 3 / Section 161
Bonds to be tax exempt
Status: in_force

* § 161. Bonds to be tax exempt. The bonds shall be exempt from\ntaxation except for transfer and estate taxes. This section shall apply\nonly to bonds issued before January first, nineteen hundred thirty-nine.\nNothing in this section shall be construed to repeal any tax exemption\ngranted by general law.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ENV Law § 11-0305 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0305
General powers and duties of the department
Status: in_force

§ 11-0305. General powers and duties of the department.\n  In addition to the powers and duties provided in other sections of the\nFish and Wildlife Law, the department shall have the following powers\nand duties:\n  1. To sell or furnish trees, shrubs and other plants to owners or\nlessees of private lands situated in the state on such terms as it deems\nto be for the public benefit;\n  2. To issue the licenses and permits provided for by law, to fix their\nterms, and the fees therefor, when no statutory provision is made, to\ndesignate agents to sell and promote the sale of licenses, to adopt\nprocedures for the issuance of licenses, to establish the design and\nformat of licenses and the information to be contained thereon, to\nprovide where it deems appropriate for tags and buttons, to adopt\nlicense conditions respecting tagging or identifying fish and wildlife\nbeing possessed or transported, to establish procedures and requirements\nfor reporting license sales and handling and remittance of license\nrevenues by persons or entities issuing such licenses, to provide for\nacceptable methods of payment of license fees, and to revoke licenses\nand permits as provided by law;\n  3. To regulate the taking of fish in any manner other than angling,\nexcept as to migratory fish of the sea within the marine district;\n  4. To increase by regulation the size, as established by statute, of\nmesh of nets that may be used for taking fish;\n  5. To declare by regulation that waters, specified in the regulation,\nare not inhabited by trout, whenever it shall determine that the waters\nspecified in the regulation, previously inhabited by trout, are no\nlonger so inhabited, or shall determine that the waters specified in the\nregulation are unsuitable for trout;\n  6. To control, manage, propagate and distribute, and to regulate the\ntransportation, importation and exportation of shellfish, cephalopoda\nand crustacea;\n  7. To regulate the examination and inspection of shellfish grounds,\nboats used in taking and buildings used for storage of shellfish, the\nhandling and shipment of shellfish, the floating of shellfish, the\nremoval of shellfish from unsanitary beds and their deposit on\nunpolluted grounds;\n  8. To enforce all laws relating to lands under water which have been\nor shall be designated, surveyed and mapped out pursuant to law as\noyster beds or shellfish grounds and to grant leases of such lands,\nbelonging to the state, for shellfish culture, according to law;\n  9. To conduct, manage and control all hatching and biological\nstations, game farms, game refuges, rearing stations and public hunting\nand fishing grounds owned or operated by the state;\n  10. To enforce all provisions of the Fish and Wildlife Law and\nregulations pursuant thereto, and all laws relating to fish, wildlife,\nprotected insects, shellfish, crustacea and game;\n  11. To settle or compromise in its discretion any action or cause of\naction to recover a penalty under the provisions of this chapter as it\nmay deem advantageous to the state;\n  12. To grant refunds of moneys erroneously received by the department,\nwithin two years of receipt thereof and upon satisfactory proof of\nentitlement, which refunds, upon approval of the commissioner and audit\nby the State Comptroller, shall be paid from any moneys available to the\ndepartment in the Conservation fund.\n  13. Notwithstanding any other provision of law, to regulate the\npossession, transportation, sale, barter and purchase of Pacific salmon\nand parts thereof; and to require permits or otherwise regulate the\nsale, barter and purchase of raw or unprocessed Pacific salmon eggs.\n  14. Notwithstanding any inconsistent provision of law, the\ncommissioner may designate no more than eight days in each year that\nshall be effective in every administrative region of the department, as\nfree sport fishing days during which any person may, without having a\nsport fishing license and without the payment of any fee, exercise the\nprivileges of a holder of a sport fishing license, subject to all of the\nlimitations, restrictions, conditions, laws, rules and regulations\napplicable to the holder of a sport fishing license. Free sport fishing\ndays shall be designated in a manner determined by the department to\nbest provide public notice thereof and to maximize public participation\ntherein, so as to promote the recreational opportunities afforded by\nsport fishing.\n  15. To identify, manage and conserve plants, animals and ecological\ncommunities that are rare in New York state, located on state-owned\nlands under the jurisdiction of the department.\n  16. Notwithstanding any inconsistent provision of law, to authorize\nfree sport fishing clinics. A free sport fishing clinic shall include,\nbut not be limited to, instruction provided by employees of the\ndepartment or its designee in recreational angling, including its\nbenefits and values, and may also include instruction and other\ninformation relevant to an understanding of fisheries management, ethics\nand aquatic ecology and habitat. No license or recreational marine\nfishing registration is required to take fish by angling while\nparticipating in a fishing clinic conducted by the department or its\ndesignee that has been designated by the commissioner as a free sport\nfishing clinic. Such clinics shall be implemented consistent with\ndepartment standards and in a manner determined by the department to\nbest provide public notice thereof and to maximize public participation\ntherein, so as to promote the recreational opportunities afforded by\nsport fishing. Further, the commissioner may designate additional\nfishing events organized through the department that provide physical or\nemotional rehabilitation for veterans, as defined in subdivision three\nof section one of the veterans' services law, or active duty members of\nthe armed forces of the United States. No license or recreational marine\nfishing registration shall be required for such veterans or active duty\nmembers to take fish by angling while participating in these events.\n  17. To prepare or cause to be prepared voluntary habitat stamps and\nfurnish such stamps annually to license issuing agents and officers for\nsale and issuance in the same manner as licenses and other types of\nstamps. The department shall, by rule, establish the fee for the habitat\nstamp which shall be no less than five dollars plus an additional amount\nfor the issuing agent or officer. The purchase of a stamp is voluntary\nand a stamp need not be possessed in order to take fish or wildlife.\n  18. To provide a mechanism for a one dollar voluntary contribution to\nthe venison donation account on all hunting and fishing license\napplications administered by the department. The option to utilize the\nmechanism shall be voluntary and the mechanism need not be utilized in\norder to process hunting or fishing license applications.\n
N.Y. ENV Law § 19-0325 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0325
Sulfur reduction requirements
Status: in_force

§ 19-0325. Sulfur reduction requirements.\n  (1) On or after July first, two thousand twelve, all number two\nheating oil sold for use in residential, commercial, or industrial\nheating within the state shall not have a sulfur content greater than\nfifteen parts per million.\n  (2) The governor may, by issuing an executive order, temporarily\nsuspend the applicability of this section at any time based on the\ngovernor's determination, after consulting with the New York energy\nresearch and development authority, that meeting the requirement of\nsubdivision one of this section is not feasible due to lack of adequate\nsupply of the required fuel.\n
N.Y. VAT Law § 380-A — New York Code / Act VAT / Title 3 / Article 9 / Section 380-A
Certain vehicles engaged in the transportation of loose cargo
Status: in_force

§ 380-a. Certain vehicles engaged in the transportation of loose\ncargo.  1. It shall be unlawful to operate on any public highway any\nopen truck or trailer being utilized for the transportation of any loose\nsubstances, unless said truck or trailer has a cover, tarpaulin or other\ndevice of a type and specification approved by the commissioner of\ntransportation which completely closes in the opening on the said truck\nor trailer while said truck or trailer shall be so operated, so as to\nprevent the falling of any such substances therefrom.  However, if the\nload is arranged so that no loose substance can fall from or blow out of\nsuch truck, the covering is not necessary.\n  2. The commissioner of transportation is authorized to make necessary\nrules and regulations to carry into effect the provisions of this\nsection, applying such provisions to specific conditions and loads and\nprescribing means, methods and practices to effectuate such provisions.\n  3. The provisions of this section shall not apply to motor vehicles,\ntrailers and semitrailers conveying "farm products" as defined in\nsection two of the agriculture and markets law.\n
N.Y. GOB Law § 3-315 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-315
Married woman's right of action for wages
Status: in_force

§ 3-315. Married woman's right of action for wages. 1. A married woman\nshall have a cause of action in her own sole and separate right for all\nwages, salary, profits, compensation or other remuneration for which she\nmay render work, labor or services or which may be derived from any\ntrade, business or occupation carried on by her, and her husband shall\nhave no right of action therefor unless she or he with her knowledge and\nconsent has otherwise expressly agreed with the person obligated to pay\nsuch wages, salary, profits, compensation or other remuneration.\n  2. In any action or proceeding in which a married woman or her husband\nshall seek to recover wages, salary, profits, compensation or other\nremuneration for which such married woman has rendered work, labor or\nservices or which was derived from any trade, business or occupation\ncarried on by her or in which the loss of such wages, salary, profits,\ncompensation or other remuneration shall be an item of damage claimed by\na married woman or her husband, the presumption of law in all such cases\nshall be that such married woman is alone entitled thereto, unless the\ncontrary expressly appears.\n
N.Y. STL Law § 126-A — New York Code / Act STL / Article 8 / Title 3 / Section 126-A
Application; assembly
Status: in_force

§ 126-a. Application; assembly. For the purpose of filling vacancies\noccurring other than by the expiration of term in the offices of members\nof the assembly elected at a general election in two thousand\ntwenty-four, the assembly districts of this state, as described and set\nout in a chapter of the laws of two thousand twenty-three, amending the\nstate law relating to establishing assembly districts, shall continue to\nbe respectively, the assembly districts of the state.\n
N.Y. PBH Law § 3325 — New York Code / Act PBH / Article 33 / Title 3 / Section 3325
Authority to issue licenses; applications
Status: in_force

§ 3325. Authority to issue licenses; applications.  1. Subject to the\nprovisions of this title, the commissioner is authorized to license a\nperson to manufacture, obtain and possess, dispense, and administer\ncontrolled substances for purposes of scientific research, chemical\nanalysis or instruction.\n  2. A license or amendment of a license shall be issued by the\ndepartment unless the applicant therefor has failed to furnish a\nsatisfactory protocol pursuant to subdivision three of this section, or\na satisfactory statement pursuant to section 3326, and proof that the\napplicant:\n  (a) and its managing officers are of good moral character;\n  (b) possesses or is capable of acquiring facilities, staff and\nequipment sufficient to carry on properly the proposed project detailed\nin the protocol or statement accompanying the application;\n  (c) is able to maintain effective control against diversion of the\ncontrolled substances for which the license is sought;\n  (d) is able to comply with all applicable state and federal laws and\nregulations relating to the controlled substances for which the license\nis sought.\n  3. An application for a license or for an amendment to a license shall\nbe accompanied by a detailed protocol setting forth:\n  (a) the nature of the proposed project;\n  (b) the proposed quantity or quantities of each controlled substance\ninvolved;\n  (c) the qualifications and competence of the applicant to engage in\nsuch project;\n  (d) specific provisions for the safe administration or dispensing of\ncontrolled substances to humans, if such is contemplated, and the\nproposed method of selecting humans;\n  (e) such other additional information as the commissioner may require.\n  4. The application for a license pursuant to this title shall include\ncopies of all papers filed with the Bureau, the Federal Food and Drug\nAdministration and any other governmental agency, whether state or\nfederal, in connection with the applicant's proposed project.\n
N.Y. PBA Law § 1384 — New York Code / Act PBA / Article 6 / Title 3 / Section 1384
Right of entry upon streets
Status: in_force

§ 1384. Right of entry upon streets. The authority, with the consent\nof the city, or of the state department of transportation, if required,\nmay enter upon streets, avenues, parkways, roads, highways, bridges or\nother public places for the construction of a project or part thereof or\nof an addition, betterment or extension to the port facilities. Whenever\nthe authority has entered upon and damaged a street, avenue, parkway,\nroad, highway, bridge, or other public place, the authority shall\nrestore the same to its former condition.\n
N.Y. PBH Law § 3512 — New York Code / Act PBH / Article 35 / Title 3 / Section 3512
Penalties
Status: in_force

§ 3512. Penalties. 1. It shall be a misdemeanor for a person to:\n  (a) sell or fraudulently obtain or furnish a radiologic technologist\ndiploma, license, record or certificate of registration or intravenous\ncontrast administration certificate;\n  (b) practice radiologic technology under cover of a diploma, license,\nregistration or certificate illegally or fraudulently obtained or signed\nor issued unlawfully, or under fraudulent representation or mistake of\nfact in material regard;\n  (c) practice radiologic technology under a false or assumed name;\n  (d) practice or act as entitled to practice radiologic technology\nwithout a valid license or certificate, without a license appropriate to\nthe purposes for which radiation is applied on human beings, or after\nhaving been convicted of a felony which has not been reported to the\ndepartment; or\n  (e) otherwise violate any of the provisions of this article.\n  2. Such misdemeanor shall be punishable by imprisonment for not more\nthan one year or by a fine not to exceed two thousand dollars for every\nsuch violation, or by both such fine and imprisonment for each separate\nviolation.\n  3. All violations of this article, when reported to the department and\nduly substantiated by affidavits or other satisfactory evidence, shall\nbe investigated and if the report is found to be true and the complaint\nsubstantiated, the department shall report such violation to the\nattorney general and request prompt prosecution of such violation.\n  4. In the prosecution of any criminal action for violation of this\narticle by the attorney general or his or her deputy, the attorney\ngeneral or his or her deputy may exercise all the powers and perform all\nthe duties with respect to such actions or proceedings which the\ndistrict attorney would otherwise be authorized or required to exercise\nor perform, and in such action or proceeding the district attorney shall\nonly exercise such powers and perform such duties as are required of him\nor her by the attorney general or the deputy attorney general so\nattending.\n
N.Y. EXC Law § 510-B — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 510-B
Return of conditionally released children or runaways
Status: in_force

§ 510-b. Return of conditionally released children or runaways. 1. If\na child under the jurisdiction of the division runs away from a division\nfacility or an authorized agency or violates any condition of release\ntherefrom, or if there is a change of circumstances, the division shall\ncause said child to be apprehended and returned to a division facility\nor authorized agency pursuant to the regulations of the division.\n  2. The facility director shall, with respect to any person placed with\nthe division by order of the family court, give immediate written notice\nto said family court when any such person is absent from such facility\nwithout consent. In cases involving persons placed with the division who\nare cared for by authorized agencies pursuant to court direction or\nauthorization, the authorized agency shall give written notice to the\ndivision and the appropriate family court when any such division\nplacement is absent from such authorized agency without consent.\n  3. An employee designated by the division may, without a warrant,\napprehend a runaway or conditionally released child in any county in\nthis state whose return has been ordered by the division, and return\nsaid child to any appropriate division facility, detention facility,\nauthorized agency or program.\n  4. The division, pursuant to its regulations, shall issue a warrant\ndirected generally to any peace officer, acting pursuant to such\nofficer's special duties, or police officer in the state for the\napprehension and return of any runaway or conditionally released child\nunder the jurisdiction of the division and such warrant shall be\nexecuted by any peace officer, acting pursuant to such officer's special\nduties, or police officer to whom it may be delivered. The division also\nshall provide relevant law enforcement agencies within forty-eight hours\nwith any photographs of any runaway or conditionally released child for\nwhom a warrant is issued together with any pertinent information\nrelative to such child. Such photographs shall remain the property of\nthe division and shall be kept confidential for use solely in the\napprehension of such child. Such photographs shall be returned promptly\nto the division upon apprehension of such child, or upon the demand of\nthe division.\n  5. A magistrate may cause a runaway or released child to be held in\ncustody until returned to the division.\n  6. In a city with a population of one million or more, the\ncommissioner of juvenile justice, or the designee of such commissioner,\nmay issue a warrant directed generally to any peace officer, acting\npursuant to such officer's special duties, or police officer in the\nstate for the apprehension and return of any youth who has run away or\nescaped from a secure detention facility, as defined in the family court\nact, operated by such commissioner. Such warrant shall be executed by\nany peace officer, acting pursuant to such officer's special duties, or\npolice officer to whom it may be delivered.\n  7. When a child who is placed with the division pursuant to article\nthree of the family court act or committed pursuant to the penal law is\nabsent from a division facility or an authorized agency without the\nconsent of the director of such facility or authorized agency, the\nabsence shall interrupt the calculation of the time of such placement or\ncommitment and such interruption shall continue until the return of the\nchild to the facility or authorized agency in which the child was placed\nor committed. Any time spent by such child in custody from the date of\nabsence to the date the placement pursuant to article three of the\nfamily court act or commitment pursuant to the penal law resumes shall\nbe credited against the time of such placement or commitment provided:\n  (a) That such custody was due to an arrest or surrender based upon the\nabsence; or\n  (b) That such custody arose from an arrest or surrender on another\ncharge which did not culminate in a conviction, adjudication or\nadjustment.\n  8. When a youth who is absent without consent from division custody is\napprehended outside of the state of New York, the terms of the\ninterstate compact on juveniles, set forth in chapter one hundred\nfifty-five of the laws of nineteen hundred fifty-five, as amended, shall\ngovern the return of such youth to division custody.\n
N.Y. VAT Law § 399-G — New York Code / Act VAT / Title 3 / Article 12-B / Section 399-G
Regulations
Status: in_force

§ 399-g. Regulations. The commissioner shall promulgate such rules and\nregulations as are necessary to effectuate the provisions of this\narticle. In addition to any requirements expressly authorized by this\narticle, such regulations may include but not be limited to requirements\nand standards with respect to: delivery agencies and instructors;\nclassroom facilities; suspension or revocation of approval; appeal of\nsuspension or revocation; course administration and advertising;\nmonitoring of courses and instructors; and reevaluation of course\neffectiveness pursuant to section three hundred ninety-nine-f of this\narticle.\n
N.Y. ENV Law § 21-0307 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0307
Jurisdiction of court; powers of Attorney-General and other law enforcement officers
Status: in_force

§ 21-0307. Jurisdiction of court; powers of Attorney-General and other\n             law enforcement officers.\n  The supreme court of the state of New York is hereby granted the\njurisdiction specified in article nine of said compact, and the\nAttorney-General and any other law enforcement officer of the state of\nNew York is hereby granted the power to institute any action for the\nenforcement of the orders of the commission as specified in article nine\nof the compact.\n
N.Y. PBA Law § 3039 — New York Code / Act PBA / Article 10 / Title 3 / Section 3039
Review by the corporation
Status: in_force

* §  3039. Review by the corporation. In order to determine whether\nthe city has taken or is taking action to effect compliance with any\nconditions imposed pursuant to section three thousand thirty-eight of\nthis chapter, the corporation may from time to time conduct a review of\nthe records, accounts, budgets, forecasts, projections and other\nrelevant materials of the city. The corporation may conduct such review\nby using (i) its own employees, (ii) its agents, or (iii) any state\nemployees provided to the corporation for such purpose. The city shall\nmake available for such review all books and records, and shall furnish\ncopies of all financial statements, budgets, forecasts, projections,\ninformation or corrective action taken by the city in response to any\nnotices from the corporation and all information related to the\nforegoing, as requested by the persons conducting such review, and shall\nmake its officers and employees available to and shall otherwise\ncooperate with such persons to permit such review to be completed as\npromptly as possible.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. PBA Law § 1066 — New York Code / Act PBA / Article 5 / Title 3 / Section 1066
Remedies of bondholders
Status: in_force

§ 1066. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Erie and proved or acknowledged in\nthe same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such 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 bonds then\noutstanding shall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues, rates, rentals, fees and other charges adequate to carry out\nany agreement as to, or pledge of such revenues, rates, rentals, fees\nand other charges and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such 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 holders of such\nbonds;\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 holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders.\n  4. Before declaring the principal of all such bonds due and payable\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue and such receiver may enter and take possession of\nsuch part or parts of the properties and subject to any pledge or\nagreement with bondholders shall take possession of all moneys and other\nproperty derived from such part or parts of the properties and proceed\nwith any construction thereon or the acquisition of any property, real\nor personal in connection therewith which the authority is under\nobligation to do, and to operate, maintain and reconstruct such part or\nparts of the properties and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n  6. 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 in the enforcement and protection of their\nrights.\n
N.Y. ENV Law § 56-0303 — New York Code / Act ENV / Article 56 / Title 3 / Section 56-0303
Management programs, plans and projects
Status: in_force

§ 56-0303. Management programs, plans and projects.\n  1. Of the moneys received by the state from the sale of bonds pursuant\nto the Clean Water/Clean Air Bond Act of 1996, five hundred twenty-five\nmillion dollars ($525,000,000) shall be allocated to water quality\nimprovement projects identified as follows:\n  (a) Twenty-five million dollars ($25,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects intended to implement the Hudson River\nestuary plan as set forth in section 11-0306 of this chapter.\n  (b) Two hundred million dollars ($200,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects intended to implement the Long Island Sound\ncomprehensive conservation and management plan developed pursuant to\nsection 320 of the federal clean water act.\n  (c) Fifteen million dollars ($15,000,000) shall be available for state\nassistance payments to municipalities for the cost of water quality\nimprovement projects intended to implement the Lake Champlain management\nplan developed pursuant to the federal Lake Champlain special\ndesignation act of 1990.\n  (d) Seventy-five million dollars ($75,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects intended to implement the Onondaga Lake\nplan developed pursuant to the consent order issued by the United States\nDistrict Court for the Northern District of New York agreed to among\nOnondaga County, the state of New York, and the Atlantic States Legal\nFoundation, Inc. Provided, however, that such municipality shall adhere\nto the construction timetable set forth in said plan and shall provide\nthe department with periodic updates as to the progress of said\nconstruction and the prospect of any pilot or demonstration technologies\nset forth in said plan. The commissioner shall have discretion not to\nmake any disbursement until these conditions have been met to his or her\nsatisfaction and upon the approval of the state comptroller.\n  (e) Twenty-five million dollars ($25,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects intended to implement the New York/New\nJersey harbor comprehensive conservation and management plan, developed\npursuant to section 320 of the federal clean water act.\n  (f) Twenty-five million dollars ($25,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects intended to implement the department's\ngreat lakes program developed in accordance with the federal great lakes\ncritical programs act of 1990 and the great lakes water quality\nagreement of 1987, as amended, between the governments of Canada and the\nUnited States of America.\n  (g) Twenty-five million dollars ($25,000,000) shall be available for\nstate assistance payments to municipalities for the cost of water\nquality improvement projects for the finger lakes and their tributaries\nwhich are approved by the secretary of state pursuant to article\nforty-two of the executive law or by the commissioner.\n  (h) For state assistance payments for the cost of water quality\nimprovement projects intended for any waters of the state for projects\nto support a study of groundwater quality in Long Island or open space\nland conservation projects which have been (a) approved by the\ncommissioner, (b) identified in plans in accordance with section 1455b\nof the federal coastal zone management act or article forty-two of the\nexecutive law and approved by the secretary of state, or (c) developed\nin accordance with title eleven-b of article two of the soil and water\nconservation districts law and approved by the state soil and water\nconservation committee and commissioner of agriculture and markets.\n  (i) Twenty-five million dollars ($25,000,000) shall be available for\nthe expenses of projects at facilities owned by the state of New York\nwhich enhance the quality of the waters of the state by remedying\nenvironmental deficiencies or complying with environmental laws and\nregulations.\n  (j) Fifty million dollars ($50,000,000) shall be available to\nmunicipalities for wastewater treatment improvement projects and the\ncost of municipal flood control projects in villages, towns, and cities\nwith a population of seventy-five thousand or less.\n  (k) Thirty million dollars ($30,000,000) shall be available for state\nassistance payments to municipalities for the cost of water quality\nimprovement projects intended to implement the comprehensive\nconservation management plan for the peconic estuary developed pursuant\nto section 320 of the federal clean water act and for the comprehensive\nmanagement plan for the south shore estuary reserve plan developed\npursuant to article forty-six of the executive law.\n  (l) Thirty million dollars ($30,000,000) shall be available for state\nassistance payments through the environmental facilities corporation to\nvillages, towns, and cities with a population of less than one million,\nfor environmental compliance assistance projects for businesses which\nenhance the quality of the waters of the state through compliance with\nenvironmental laws and regulations, or to remedy or prevent\nenvironmental deficiencies.\n  (1) The president of the environmental facilities corporation is\nauthorized to provide state assistance payments to villages, towns, and\ncities with a population less than one million, for implementation of\nenvironmental compliance assistance projects which enhance the quality\nof the waters of the state.\n  (2) A village, town, and city with a population of less than one\nmillion may submit an application to the president, in such form and\nmanner as the president may require, for state assistance payments\ntoward the cost of environmental compliance assistance projects.\n  (3) Upon receipt of a request for state assistance application, the\npresident shall review and, within ninety days from the receipt of a\ncomplete application, may approve, disapprove, or recommend\nmodifications thereto consistent with applicable law criteria,\nstandards, or rules and regulations relative to such projects.\n  (m) Notwithstanding any provision of law to the contrary, amounts\nallocated in paragraphs (a), (b), (c), (d), (e), (f) and (g) of this\nsubdivision may be interchanged between such paragraphs and may be\ninterchanged to amounts allocated in paragraph (h) of this subdivision.\n  2. At least three wastewater treatment improvement projects funded\npursuant to this title shall be projects designed to refine innovative\ntechnologies for use in the physical environment of New York state and\nserve as a catalyst for technology transfer. Such technologies may\ninclude, but shall not be limited to, technologies that reduce the\namount and toxicity of sewage sludge and effluent; increase reliability\nand cost efficiency; reduce energy consumption; or achieve more reliable\npathogen destruction.\n
N.Y. RSS Law § 314 — New York Code / Act RSS / Article 8 / Title 3 / Section 314
Legal adviser
Status: in_force

§ 314. Legal adviser. The attorney general of the state shall be the\nlegal adviser of the police and fire retirement system.\n
N.Y. ENV Law § 19-0305 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0305
Commissioner; enforcement power
Status: in_force

§ 19-0305. Commissioner; enforcement power.\n  1. The commissioner is hereby authorized to enforce the codes, rules\nand regulations of the department established in accordance with this\narticle.\n  2. In addition to the powers otherwise granted under this article, and\nin accordance with the policies of department, the commissioner shall\nhave power to:\n  a. Enter and inspect any property, premise or place and stop, detain\nand inspect any motor vehicle for the purpose of investigating either an\nactual or suspected source of air pollution or air contamination or for\nthe purpose of ascertaining compliance or noncompliance with any code,\nrule or regulation which may be promulgated under this article. Any\ninformation relating to secret processes, or methods of manufacture, or\nproduction obtained in the course of the inspection or investigation\nshall be kept confidential, provided that the quantity and physical and\nchemical characteristics of actual and allowable air contaminant\nemissions shall be considered public information. If samples of air or\nair contaminants are taken for analysis during any inspection made on\nthe premises of a person who is suspected of causing air pollution or\nair contamination or during the inspection of a motor vehicle, a\nduplicate of the analytical report shall be furnished promptly to such\nperson or the owner of such motor vehicle.\n  b. Conduct or cause to be conducted studies and research with respect\nto air pollution control, abatement or prevention.\n  c. Conduct and supervise programs of air pollution control education\nincluding the preparation and distribution of information relating to\nair pollution control.\n  d. Determine by means of field studies and sampling the degree of air\npollution in New York state.\n  e. Provide advisory technical consultation services to local\ncommunities.\n  f. Develop and conduct demonstration programs in cooperation with\nlocal communities.\n  g. Promote the establishment of local laboratory facilities including\nessential instrumentation.\n  h. Provide facilities and staff for training personnel of local\ncommunities in the principles of air sanitation.\n  i. Serve as the agent of the state for the receipt of monies from the\nfederal government or other public or private agencies and to expend\nsuch monies after appropriation thereof for the purpose of air pollution\ncontrol studies or research.\n  j. Consider for approval or disapproval applications for permits and\ncertificates including plans or specifications for air contamination\nsources and air cleaning installations or any part thereof submitted\nconsistent with the rules of the department, and inspect the\ninstallation for compliance with the plans or specifications; provided\nthat in the case of a major steam electric generating facility, as\ndefined in former section one hundred forty of the public service law,\nfor which a certificate is required pursuant to the former article eight\nof the public service law, or a major electric generating facility as\ndefined in section one hundred sixty of the public service law, for\nwhich a certificate is required pursuant to article ten of the public\nservice law, such approval functions may be performed by the state board\non electric generation siting and the environment, as defined in the\npublic service law, pursuant to federally delegated or approved\nenvironmental permitting authority, and such inspection functions shall\nbe performed by the department. Nothing herein shall limit the authority\nof the department of health and the department to monitor the\nenvironmental and health impacts resulting from the operation of such\nmajor steam electric generating facility and to enforce applicable\nprovisions of the public health law and this chapter and the terms and\nconditions of the certificate governing the environmental and health\nimpacts resulting from such operation.\n  k. Approve types of crankcase ventilating systems and air contaminant\nemission control systems pursuant to standards promulgated by the\ndepartment, in accordance with the Vehicle and Traffic Law.\n  l. Do such other things as he may deem necessary, proper or desirable\nin order that he may enforce codes, rules or regulations which have been\npromulgated under this article.\n
N.Y. PBA Law § 568 — New York Code / Act PBA / Article 3 / Title 3 / Section 568
Continuity of jurisdiction
Status: in_force

§ 568. Continuity of jurisdiction. The authority shall be deemed and\nheld to constitute a continuation, as to matters within its\njurisdiction, of the department of plant and structures of the city for\nthe purpose of succession to all such of the rights, powers, duties and\nobligations of the city and of the department of plant and structures of\nthe city as relate to the designing and construction of the project.\n
N.Y. SOS Law § 473-E — New York Code / Act SOS / Article 9-B / Title 3 / Section 473-E
Confidentiality of protective services for adults' records
Status: in_force

§ 473-e. Confidentiality of protective services for adults' records.\n1.  Definitions. When used in this section unless otherwise expressly\nstated or unless the context or subject matter requires a different\ninterpretation:\n  (a) "Subject of a report" means a person who is the subject of a\nreferral or an application for protective services for adults, or who is\nreceiving or has received protective services for adults from a social\nservices district.\n  (b) "Authorized representative of a subject of a report" means (i) a\nperson named in writing by a subject to be a subject's representative\nfor purposes of requesting and receiving records under this article;\nprovided, however, that the subject has contract capacity at the time of\nthe writing or had executed a durable power of attorney at a time when\nthe subject had such capacity, naming the authorized representative as\nattorney-in-fact, and such document has not been revoked in accordance\nwith applicable law; (ii) a person appointed by a court, or otherwise\nauthorized in accordance with law to represent or act in the interests\nof the subject; or (iii) legal counsel for the subject.\n  2. Reports made pursuant to this article, as well as any other\ninformation obtained, including but not limited to, the names of\nreferral sources, written reports or photographs taken concerning such\nreports in the possession of the department or a social services\ndistrict, shall be confidential and, except to persons, officers and\nagencies enumerated in paragraphs (a) through (g) of this subdivision,\nshall only be released with the written permission of the person who is\nthe subject of the report, or the subject's authorized representative,\nexcept to the extent that there is a basis for non-disclosure of such\ninformation pursuant to subdivision three of this section. Such reports\nand information may be made available to:\n  (a) any person who is the subject of the report or such person's\nauthorized representative;\n  (b) a provider of services to a current or former protective services\nfor adults client, where a social services official, or his or her\ndesignee determined that such information is necessary to determine the\nneed for or to provide or to arrange for the provision of such services;\n  (c) a court, upon a finding that the information in the record is\nnecessary for the use by a party in a criminal or civil action or the\ndetermination of an issue before the court;\n  (d) a grand jury, upon a finding that the information in the record is\nnecessary for the determination of charges before the grand jury;\n  (e) a district attorney, an assistant district attorney or\ninvestigator employed in the office of a district attorney, a member of\nthe division of state police, or a police officer employed by a city,\ncounty, town or village police department or by a county sheriff when\nsuch official requests such information stating that such information is\nnecessary to conduct a criminal investigation or criminal prosecution of\na person, that there is reasonable cause to believe that the criminal\ninvestigation or criminal prosecution involves or otherwise affects a\nperson who is the subject of a report, and that it is reasonable to\nbelieve that due to the nature of the crime under investigation or\nprosecution, such records may be related to the criminal investigation\nor prosecution;\n  (f) a person named as a court-appointed evaluator or guardian in\naccordance with article eighty-one of the mental hygiene law, or a\nperson named as a guardian for individuals with developmental\ndisabilities in accordance with article seventeen-A of the surrogate's\ncourt procedure act; or\n  (g) any person considered entitled to such record in accordance with\napplicable law.\n  3. The commissioner or a social services official may withhold, in\nwhole or in part, the release of any information in their possession\nwhich he or she is otherwise authorized to release pursuant to\nsubdivision two of this section, if such official finds that release of\nsuch information would identify a person who made a referral or\nsubmitted an application on behalf of a person for protective services\nfor adults, or who cooperated in a subsequent investigation and\nassessment conducted by a social services district to determine a\nperson's need for such services and the official reasonably finds that\nthe release of such information will be detrimental to the safety or\ninterests of such person.\n  4. Before releasing a record made pursuant to this article in the\npossession of the department or a social services district, the\nappropriate official must be satisfied that the confidential character\nof the information will be maintained in accordance with applicable law,\nand that the record will be used only for the purposes for which it was\nmade available.\n  5. In addition to the requirements of this section, any release of\nconfidential HIV related information, as defined in section twenty-seven\nhundred eighty of the public health law, shall comply with the\nrequirements of article twenty-seven-F of the public health law.\n  6. When a record made under this article is subpoenaed or sought\npursuant to notice to permit discovery, a social services official may\nmove to withdraw, quash, fix conditions or modify the subpoena, or to\nmove for a protective order, as may be appropriate, in accordance with\nthe applicable provisions of the criminal procedure law or the civil\npractice law and rules, to (a) delete the identity of any persons who\nmade a referral or submitted an application for protective services for\nadults on behalf of an individual or who cooperated in a subsequent\ninvestigation and assessment of the individual's needs for such\nservices, or the agency, institution, organization, program or other\nentity when such persons are employed, or with which such persons are\nassociated, (b) withhold records the disclosure of which is likely to be\ndetrimental to the safety or interests of such persons, or (c) otherwise\nto object to release of all or a portion of the record on the basis that\nrequested release of records is for a purpose not authorized under the\nlaw.\n
N.Y. EXC Law § 510-C — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 510-C
Discharge from custody
Status: in_force

§ 510-c. Discharge from custody. 1. The division may discharge from\nits custody any child placed with the division whenever it deems such\ndischarge to be in the best interest of the child and there is\nreasonable probability that the child can be discharged without\nendangering the public safety; provided, however, that no child while\nabsent from a division facility without the consent of the director of\nsuch facility shall be discharged by the division solely by reason of\nthe absence, and provided further that no child in the custody of the\ndivision and transferred to the department of mental hygiene, while\nabsent from a department of mental hygiene facility without the consent\nof the superintendent or director of such facility, shall be discharged\nby the division.\n  2. Except as provided in subdivision three of this section, any child\nwho has been placed with the office of children and family services\nshall be deemed to have been discharged therefrom if, during the period\nprovided in the order of placement or extension thereof, the child is\nconvicted of a crime or adjudicated a youthful offender, and is\ncommitted to an institution in the department of corrections and\ncommunity supervision or department of mental hygiene, or receives a one\nyear sentence in a local correctional facility.\n  3. A child placed with the division pursuant to a restrictive\nplacement under the family court act shall not be discharged solely by\nreason of conviction for a crime or adjudication as a juvenile\ndelinquent or youthful offender, nor shall any such child be discharged\nexcept pursuant to section 353.5 of the family court act.\n  4. Upon the placement of any child eighteen years of age or over, or\nupon the eighteenth birthday of any child placed in the custody of the\ndivision for an adjudication of juvenile delinquency for having\ncommitted an act which if committed by an adult would constitute a\nfelony, and still in the custody of the division, the division shall\nnotify the division of criminal justice services of such placement or\nbirthday provided, however, in the case of a child eleven or twelve\nyears of age, at the time the act or acts were committed, the division\nof criminal justice services shall not be provided with the child's\nname, unless the acts committed by such child would constitute a class A\nor B felony. Upon the subsequent discharge of said child it shall be the\nduty of the division to notify the division of criminal justice services\nof that fact and the date of discharge. For the purposes of this\nsubdivision, a child's age shall be determined to be the age stated in\nthe placement order.\n
N.Y. PBH Law § 346 — New York Code / Act PBH / Article 3 / Title 3 / Section 346
County or part-county boards of health; general expenses
Status: in_force

§ 346. County or part-county boards of health; general expenses.  1.\nIn counties having a county auditor or county comptroller, all charges\nand other expenses of a county or part-county health district shall be\naudited and paid in the same manner as other charges against the county.\nIn counties that do not have a county auditor or county comptroller, all\naccounts, charges, claims and demands of such health district shall be\npresented to and audited by the board of health of said district and\npaid by the county treasurer upon warrants of the said board of health\nwithin the limits of the appropriation made therefor.\n  2. The board of health of a county or part-county health district\nshall submit annually in the manner prescribed by and on or before the\ndate fixed by or pursuant to law, an itemized estimate of the revenues\nand expenditures of such health district, for the ensuing fiscal year.\nThe board of supervisors shall levy a tax upon the taxable property\nwithin the county or part-county health district, to the extent\nnecessary to provide moneys to meet appropriations for such health\ndistrict.  The board of supervisors may appropriate moneys in the manner\nprovided by law for any items of expense of the county or part-county\nhealth district which may in any degree tend to promote the efficiency\nof the administration of the provisions of this chapter and the\nregulations adopted pursuant to the authority thereof.\n
N.Y. VAT Law § 368 — New York Code / Act VAT / Title 3 / Article 7 / Section 368
Constitutionality
Status: in_force

§ 368. Constitutionality. If any part or parts of this article shall\nbe held unconstitutional, such unconstitutionality shall not affect the\nvalidity of the remaining parts of this article. The legislature hereby\ndeclares that it would have passed the remaining parts of this article\nif it had known that such part or parts thereof would be declared\nunconstitutional.\n
N.Y. ELN Law § 11-308 — New York Code / Act ELN / Article 11 / Title 3 / Section 11-308
Special ballots for emergency responders
Status: in_force

§ 11-308. Special ballots for emergency responders. 1. A registered\nvoter who serves as an emergency responder in times of emergency, as\ndeclared by the governor or a court of competent jurisdiction, may apply\nto the board of elections by letter or special application via mail,\nfacsimile or e-mail, for a special ballot. Such application or letter\nmay be delivered to the board of elections at any time prior to any\nelection, without regard to deadlines for the receipt of early mail or\nabsentee ballot applications.\n  2. Emergency responders may utilize an early mail or absentee ballot\napplication to request a special ballot, or may file a written statement\nthat he or she will be unable to appear at the polling place on the day\nof an election because his or her duties as an emergency responder\nrequire such voter to be elsewhere. The emergency responder shall\ndesignate a preference for the receipt of a special ballot. The board of\nelections shall provide such voter a special ballot immediately upon\nsuch request, and shall utilize overnight express delivery for such mail\nballot delivery. If the designated preference is for facsimile or\nelectronic transmission, the ballot shall be furnished in the same\nmanner applicable to military voters who request ballots in such format.\n  3. Such cast ballots may be delivered to any office of any board of\nelections in the state, or to any open poll site not later than the\nclose of the polls on election day.\n  4. Emergency responders shall receive assistance from any board of\nelections in the state in relation to applying for, casting and return\ndelivery of a special ballot, including facsimile and electronic\ntransmission services, ballot envelope templates if necessary, and any\nother component of the special ballot election process that will help\nensure the enfranchisement of such emergency responder.\n  5. Emergency responder special ballots received by boards of elections\nfrom voters under the jurisdiction of another board of elections shall\nbe date and time-stamped and immediately forwarded to the voter's board\nof elections. Such ballots shall be timely if the time stamp of the\nfirst receiving board of elections is timely. Such ballots shall be cast\nand canvassed pursuant to the provisions of section 9-209 of this\nchapter and where an emergency responder's ballot and envelope is not\nstandard in appearance, it shall be cast and canvassed consistent with\nthe provisions of section 10-125 of this chapter.\n  6. For purposes of this section, "emergency responders" shall include\nall persons called upon to provide emergency support, relief or other\nservices, in the response to natural disasters, acts of terrorism or\nsabotage, fire, power failure, and such other circumstances which prompt\nthe governor or a court of competent jurisdiction to declare such\nemergency. Emergency responders include, but are not limited to, medical\npersonnel, military personnel, utility company or similar contract\nemployees, fire department personnel, police department personnel, local\nand state emergency management personnel, and other state and local\ngovernment employees providing emergency response services.\n  7. The state board of elections shall develop and distribute to boards\nof elections, sample forms and procedures to ensure the participation of\nemergency responders in any election conducted by a board of elections.\n
N.Y. PBG Law § 405 — New York Code / Act PBG / Article 13 / Title 3 / Section 405
Validation
Status: in_force

§ 405. Validation.  The creation and establishment of the municipal\nhousing authority of the city of Schenectady under the provisions of\narticle five of the former state housing law, together with all\nproceedings, acts and things undertaken, performed or done with\nreference thereto, are hereby validated, ratified, confirmed, approved\nand declared legal in all respects, notwithstanding any want of\nstatutory authority or any defect or irregularity in such acts or\nproceedings.\n
N.Y. ENV Law § 51-0305 — New York Code / Act ENV / Article 51 / Title 3 / Section 51-0305
Contracts for water quailty improvement projects
Status: in_force

§ 51-0305. Contracts for water quailty improvement projects.\n  1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities having power to construct, operate and\nmaintain sewage treatment works, and any such municipality may enter\ninto a contract with the commissioner concerning eligible projects. Any\nsuch contract may include such provisions as may be agreed upon by the\nparties thereto, and shall include, in substance, the following\nprovisions:\n  a. Current estimate of the reasonable cost of the project as\ndetermined by the commissioner at the time of execution of the contract.\nThe commissioner shall not be precluded by section two hundred twenty of\nthis title from determining a reasonable cost for any project enumerated\nin such section different from the estimated cost of such section.\n  b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction subject to final computation and\ndetermination of the total state grant upon completion of the entire\nproject reflecting the project cost, a portion of the non-federal share\nof the cost of any project, phase or portion thereof approved for a\nfederal treatment works construction grant, determined by the following\nformulae:\n  (i) for any project which has received a Federal Clean Water Act\nsection 202(a)(1) grant in an amount which is that per centum of the\ncost of construction authorized for federal fiscal years beginning July\nfirst, nineteen hundred seventy-one and ending September thirtieth,\nnineteen hundred eighty-four, inclusive, an amount that is one-half of\nthe non-federal share of the cost of the eligible project, not to exceed\nthirty percent thereof;\n  (ii) for any project which has received a grant pursuant to Federal\nClean Water Act section 202(a)(1) or section 201 as amended in nineteen\nhundred eighty-one, which is that reduced per centum of the costs of\nconstruction authorized for federal fiscal years beginning on and after\nOctober first, nineteen hundred eighty-four, an amount that is\ntwo-thirds of the non-federal share of the eligible cost of the project,\nnot to exceed thirty percent thereof;\n  (iii) for any project or portion of a project which has received a\nfederal grant for utilization of innovative or alternative treatment\nprocesses and techniques pursuant to the provisions of section 202(a)(2)\nof the Federal Clean Water Act, thirty percent of the cost of the\ninnovative or alternative portion of the eligible project, provided that\nthe local share of the innovative or alternative portion will be a\nminimum of seven and one-half percent.\n  c. An agreement by the municipality\n  1. to proceed expeditiously with, and complete, the project in\naccordance with plans approved by the department,\n  2. to commence operation of the sewage treatment works on completion\nof the project, and not to discontinue operation or dispose of the\nsewage treatment works without the approval of the commissioner,\n  3. to operate and maintain the sewage treatment works in accordance\nwith applicable provisions of law, the state sanitary code or rules and\nregulations of the commissioner,\n  4. to provide for the payment of the municipality's share of the cost\nof the project.\n  d. A provision that, in the event that federal pollution abatement\nassistance which was not included in the calculation of the state\npayment pursuant to paragraph b of this subdivision becomes available to\nthe municipality, the amount of the state payment shall be recalculated\nwith the inclusion of such additional federal assistance and the\nmunicipality shall either:\n  1. pay to the state the amount by which the state payment actually\nmade exceeds the state payment determined by the recalculation or\n  2. if such additional federal pollution abatement assistance has not\nbeen received by the municipality, authorize the state to receive and\nretain an amount from the federal government equal to the amount to\nwhich it would be entitled under subparagraph 1 hereof.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state pursuant to\nparagraph b of subdivision one of this section of the amount of federal\nassistance received by the municipality. Such records shall be retained\nby the commissioner and shall establish the basis for recalculation of\nthe state payment as required by paragraph d of subdivision one of this\nsection.\n
N.Y. ENV Law § 21-0305 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0305
Commissioners; cooperation by departments and officers
Status: in_force

§ 21-0305. Commissioners; cooperation by departments and officers.\n  1. In pursuance of article four of said compact, there shall be three\nmembers (hereinafter called commissioners) of the Ohio River Valley\nWater Sanitation Commission (hereinafter called commission) from the\nstate of New York. The Governor, by and with the advice and consent of\nthe senate, shall appoint two persons as two of such commissioners, each\nof whom shall be a resident and citizen of the state of New York.  The\nterms of such commissioners shall continue to be for six years. Each\ncommissioner shall hold office until his successor shall be appointed\nand qualified. Vacancies occurring in the office of any such\ncommissioner for any reason or cause shall be filled by appointment by\nthe Governor, by and with the advice and consent of the senate, for the\nunexpired term. The third commissioner from the state of New York shall\nbe the Commissioner of Environmental Conservation of the state of New\nYork ex officio, and the term of any such ex officio commissioner shall\nterminate at the time he ceases to hold said office of Commissioner of\nEnvironmental Conservation, and his successor as a commissioner shall be\nhis successor as said Commissioner of Environmental Conservation.  With\nthe exception of the issuance of any order under the provisions of\narticle nine of the compact, said ex officio commissioner may delegate,\nfrom time to time, to any deputy or other subordinate in his department\nor office the power to be present and participate, including voting, as\nhis representative or substitute at any meeting of, or hearing by, or\nother proceeding of the commission. The commissioners serving on the\neffective date of this article shall continue in office until the\nexpiration of their terms, or until their successors have qualified, or\nuntil otherwise ceasing to be commissioners pursuant to law.\n  2. Any commissioner may be removed from office by the Governor upon\ncharges and after a hearing, but opportunity to be heard shall be given.\n  3. There is hereby granted to the commission and the commissioners\nthereof all the powers provided for in the said compact and all the\npowers necessary or incidental to the carrying out of said compact in\nevery particular. All officers of the state of New York are hereby\nauthorized and directed to do all things falling within their respective\nprovinces and jurisdiction necessary or incidental to the carrying out\nof said compact in every particular; it being hereby declared to be the\npolicy of the state of New York to perform and carry out the said\ncompact and to accomplish the purposes thereof. All officers, bureaus,\ndepartments and persons of and in the state government or administration\nof the state of New York are hereby authorized and directed at\nconvenient times and upon request of the said commission to furnish the\nsaid commission with information and data possessed by them or any of\nthem and to aid said commission by loan of personnel or other means\nlying within their legal powers respectively.\n
N.Y. ENV Law § 3-0313 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0313
Adopt-a-beach stewardship program
Status: in_force

§ 3-0313. Adopt-a-beach stewardship program.\n  1. The commissioner may enter into stewardship agreements with any\nperson or persons for the purposes of preserving, maintaining, or\nenhancing a state-owned beach, shoreline area or portion thereof in\naccordance with the policies of this chapter.\n  2. The stewardship agreement shall provide that the beach or shoreline\narea be preserved and maintained in its natural state or managed to\nenhance or restore the natural values it provides, consistent with the\nprovisions of this chapter. Activities may include: remediating\nvandalism and storm damage, picking up litter and trash, establishing or\nmaintaining access or nature trails, providing interpretive services for\nschool groups and other citizens, and otherwise providing positive\nbenefits to the beach or shoreline area.\n  3. Stewardship agreement with any person or persons may provide for\nassistance of personnel, facilities and supplies of the department for\nthe purposes of supporting appropriate activities under such stewardship\nagreement, in accordance with the provisions of this chapter.\n  4. The department shall establish procedures by which a person or\npersons may apply for a stewardship agreement, and shall be responsible\nfor working with such persons to identify specific sections of a\nstate-owned beach or shoreline area and specific activities deemed\nappropriate for such stewardship agreement. The department may consider\nfactors such as safety, environmental sensitivity, need, cost and other\nfactors deemed relevant in determining which beach or shoreline areas or\nactivities may be eligible or appropriate for a stewardship agreement.\n  5. The department shall provide recognition of the stewardship\nactivities by appropriate signage on or near the adopted beach or\nshoreline area, and may provide recognition by such other measures as it\nmay determine to be appropriate, including but not limited to press\nreleases, certificates, and newsletters.\n  6. The stewardship agreement may be modified in scope or altered in\nany other manner at the sole discretion of the department, not\ninconsistent with the provisions of this section. The person or persons\nshall have the option of renewing the agreement subject to the approval\nof the department and the continuation by the department of the\nadopt-a-beach stewardship program. The department may immediately remove\nthe signs and it may terminate the agreement upon thirty days notice, if\nin its sole judgment it finds and determines that the person or persons\nare not meeting the terms and conditions of the agreement.\n  7. Notwithstanding any inconsistent provision of law, the state and\nits employees shall not be liable for damages suffered by any person\nresulting from the actions or activities of such volunteers.\n
N.Y. PBH Law § 616 — New York Code / Act PBH / Article 6 / Title 3 / Section 616
Limitations on state aid
Status: in_force

§ 616. Limitations on state aid.  1. The total amount of state aid\nprovided pursuant to this article shall be limited to the amount of the\nannual appropriation made by the legislature. In no event, however,\nshall such state aid be less than an amount to provide the full base\ngrant and, as otherwise provided by subdivision two of section six\nhundred five of this article, no less than thirty-six per centum of the\ndifference between the amount of moneys expended by the municipality for\neligible public health services pursuant to an approved application for\nstate aid during the fiscal year and the base grant provided pursuant to\nsubdivision one of section six hundred five of this article.\n  2. No payments shall be made from moneys appropriated for the purpose\nof this article to a municipality for contributions by the municipality\nfor indirect costs.\n  3. Administrative policy changes relating to state aid shall not be\nimplemented without reasonable and statewide advance written notice to\nmunicipalities.\n  4. Moneys appropriated for the purposes of this article to a\nmunicipality may include reimbursement of a municipality's fringe\nbenefits, including but not limited to employee retirement funds, health\ninsurance and federal old age and survivor's insurance. However, costs\nsubmitted under an application for state aid must be consistent with a\nmunicipality's documented fringe benefit costs and shall not exceed\nfifty per centum of the municipality's eligible personnel services.\n
N.Y. VAT Law § 362 — New York Code / Act VAT / Title 3 / Article 7 / Section 362
Article not to repeal other motor vehicle laws
Status: in_force

§ 362. Article not to repeal other motor vehicle laws. This article\nshall in no respect be considered as a repeal of any of the provisions\nof this chapter (except article six) or of other laws relating to the\nregistration, numbering and regulation of motor vehicles; the licensing\nand regulation of chauffeurs and operators; the use of the public\nhighways by motor vehicles and the accessories used upon them and their\nincidents; the speed of motor vehicles upon the public highways; or the\npunishment for the violations of such provisions, but shall be construed\nas supplemental thereto.\n
N.Y. VAT Law § 376-A — New York Code / Act VAT / Title 3 / Article 9 / Section 376-A
Defective equipment
Status: in_force

§ 376-a. Defective equipment. 1. If any vehicle is driven or operated\non a public highway in violation of any provision of section three\nhundred seventy-five, three hundred seventy-six or three hundred\neighty-one of this article relating to required equipment or its proper\nrepair and adjustment, other than a provision relating to service\nbrakes, any police officer shall be authorized to take such action as\nmay be required or permitted by the provisions of this section.\n  2. If the vehicle is being operated or driven in violation of the\nprovisions of this chapter relating to the use or proper repair or\nadjustment of headlamps, and there is not in operation at least one\nheadlamp lighted and adjusted as required by law, such officer shall\nissue a summons for such violation and shall order the operator to\nremove such vehicle from the highway. In such event, such vehicle shall\nnot again be driven or operated until such time as the vehicle can be\ndriven or operated without being in violation of such provisions.\n  3. If the vehicle is being driven or operated in violation of any\nprovisions of section three hundred seventy-five, three hundred\nseventy-six or three hundred eighty-one of this article relating to\nrequired equipment, except a violation described in subdivision two of\nthis section, subdivision forty-seven of section three hundred\nseventy-five of this article, and except a violation relating to service\nbrakes, such officer shall issue a summons, provided, however, that a\nsummons shall not be issued if, in the discretion and at the request of\nsuch officer, the defect is corrected in the presence of such officer.\nThe refusal of a police officer to permit the repair of any defect in\nhis presence shall not be reviewable, and shall not be a defense to any\nviolation charged in a summons issued pursuant to the provisions of this\nsubdivision.\n  4. Any complaint issued for any violation of section three hundred\nseventy-five, three hundred seventy-six or three hundred eighty-one of\nthis article relative to required equipment, except a violation\ndescribed in subdivision two of this section, subdivision forty-seven of\nsection three hundred seventy-five of this article, and except for a\nviolation relating to service brakes, shall be dismissed by the court\nbefore which the summons is returnable if the violation as set forth in\nthe summons is corrected not later than one-half hour after sunset on\nthe first full business day after the issuance of the summons and proof\nof such correction as set forth in subdivision five of this section is\nsubmitted to the court. For the purposes of this subdivision, "business\nday" shall mean any calendar day except Saturday and Sunday, or the\nfollowing business holidays: New Year's Day, Washington's Birthday,\nMemorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,\nThanksgiving Day, and Christmas Day.\n  5. (a) Acceptable proof of repair or adjustment shall consist of\nsubmission to the court on or before the return date of the summons\neither:\n  (i) a statement of correction from an officially designated state\ninspection station duly executed by the person performing or making such\ninspection and bearing the facility number of the state inspection\nstation, or\n  (ii) a statement of correction from an automobile repair shop on the\nletterhead of such repair shop duly executed by the person who made the\ncorrection, or\n  (iii) a statement of correction from any registrant having more than\ntwenty-five vehicles registered and having a fleet maintenance program\nadministered by the registrant, duly executed by the person performing\nor making such correction and countersigned by the fleet maintenance\nsupervisor, or\n  (iv) a signed statement of any police officer that the necessary\ncorrections have been made, or\n  (v) evidence acceptable to the court from any person that he or she\ncompleted the repair together with proof of purchase of the equipment\nneeded for the repair, or\n  (vi) in the discretion of the court, submission of the vehicle to the\ncourt for inspection not later than one-half hour after the next ensuing\nsunset.\n  (b) The statement required by this subdivision shall be directed to\nthe court having jurisdiction of the alleged violation, shall be\naffirmed as true under penalty of perjury, and shall include:\n  (i) the name, occupation and position of the person making the\nstatement;\n  (ii) the time and date that the repairs or inspection were made; and\n  (iii) a statement that the defective equipment, cited in the summons\nor information, on the vehicle in question, is in proper working order.\n  6. The provisions of this section shall not be construed to affect any\ncause of action or the rights or liabilities of any person with respect\nto damages or injuries caused or suffered as a result of the operation\nof a motor vehicle.\n
N.Y. ENV Law § 3-0306 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0306
Registry of public agencies and private organizations; notice of department hearings
Status: in_force

§ 3-0306. Registry of public agencies and private organizations; notice\n            of department hearings.\n  1. The commissioner shall develop and maintain a registry of\ngovernment agencies and officials and of private organizations of\nstatewide, regional, county and local scope, with interests in the\nregulatory and other programs of the department for the purpose of\nproviding written notice to such agencies and organizations of the time,\ndate, place, subject and nature of hearings on rules and regulations\nunder consideration by the department, or on applications to the\ndepartment for permits relating to the use, improvement, construction,\nchange or any modification whatsoever of the air, land, or water\nresources within the state, or in relation to any other business before\nthe department for which issuance of a public notice is required or is\nappropriate and desirable in accord with the interests of public\nparticipation in environmental planning and decision-making.\n  2. To aid in the compilation of the registry, the commissioner shall\nadvertise its purposes no less than annually to governmental agencies\nand the public through news releases and other media available to the\ndepartment, stating that interested agencies and organizations may apply\nto be listed in the registry by completing forms requiring such\ninformation as may be prescribed by the commissioner. Said registry\nshall be prepared by the department to be as comprehensive as possible\nand the entries contained therein shall not be limited to those obtained\nin response to advertisement by the department of the purposes of the\nregistry.\n  3. The commissioner shall publish and distribute or cause to be\npublished and distributed said registry, not less frequently than\nannually and in whole or in part as deemed appropriate and desirable by\nthe commissioner, for the purpose of providing a directory to assist\nwith communications between public agencies and private organizations in\nall manner of environmental affairs.\n  4. Notices, as described herein, shall, at the discretion of the\ncommissioner, be published not less frequently than once every two weeks\nin a departmental publication which shall be mailed to registered\nagencies and organizations in the area to be affected by the subject of\nsaid notices and to other persons subscribing to such publication;\nprovided that the commissioner may require the payment of a subscription\nfee not to exceed the reasonable costs of such publication; and provided\nfurther that the commissioner may in lieu of publishing any such notice\nmail a copy thereof to registered agencies or organizations. In setting\nsuch fee the commissioner shall take into account the purposes of this\nsection to provide broad public notice of department actions. Unless\notherwise provided by statute or regulation, failure to provide notice\nas herein described shall in no way affect the ordinary proceedings of\nthe department.\n
N.Y. RPT Law § 491-A — New York Code / Act RPT / Article 4 / Title 3 / Section 491-A
Conservation easement agreement exemption; certain towns
Status: in_force

* § 491-a. Conservation easement agreement exemption; certain towns.\n1.  Applicability. In a town having a population of not less than\nthirty-two thousand and not more than thirty-five thousand, that is\nlocated in a county having a population of not less than three hundred\nthousand and not more than three hundred seven thousand, based upon and\nrecorded by the latest census, is hereby authorized to adopt a local law\nto provide that, real property whose interests or rights have been\nacquired for the purpose of the preservation of an open space or an open\narea, as authorized in section two hundred forty-seven of the general\nmunicipal law, may be partially exempt from local real property\ntaxation, provided that the owner or owners of such real property enter\ninto a conservation easement agreement with the municipality in\naccordance with the procedures specified in subdivision three of this\nsection. A county having a population of not less than three hundred\nthousand and not more than three hundred seven thousand based upon and\nrecorded in the latest census may, by local law, and any school\ndistrict, all or part of which is located in a town having a population\nof not less than thirty-two thousand and not more than thirty-five\nthousand that is located in a county having a population of not less\nthan three hundred thousand and not more than three hundred seven\nthousand based upon and recorded by the latest census, may, by\nresolution, exempt such property from its taxation in the same manner\nand to the same extent as such town has done.\n  2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural or\nscenic resources" shall include, but not be limited to, agricultural\nlands defined as open lands actually used in bona fide agricultural\nproduction.\n  3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than thirty-two thousand and not\nmore than thirty-five thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand, based upon and recorded by the latest\ncensus, for the granting of interest or rights in real property for the\npreservation of open space or areas. Such proposal shall be submitted in\nsuch a manner and form as may be prescribed by the conservation board of\nsuch town.\n  (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n  (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n  (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than thirty-two thousand\nand not more than thirty-five thousand that is located in a county\nhaving a population of not less than three hundred thousand and not more\nthan three hundred seven thousand, based upon and recorded by the latest\ncensus, and after such public hearing, may adopt the proposal or any\nmodification thereof it deems appropriate or may reject it in its\nentirety.\n  (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n  (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n  4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n  (b) The following table shall illustrate the computation of the\nexemption:\n          Commitment                    Percentage of Exemption\n        15 to 29 years                            50%\n        30 to 49 years                            75%\n        50 to 75 years                            85%\n        Perpetual                                 90%\nSuch  exemption  shall  be granted only upon application by the owner or\nowners of such real property on a form prescribed by  the  commissioner.\nSuch  application  shall  be  filed  with the assessor of the town on or\nbefore the taxable status date of such town.\n  (c) If 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 provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. 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  (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n  5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n  (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n  (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n  * NB There are 2 § 491-a's\n
N.Y. ENV Law § 37-0301 — New York Code / Act ENV / Article 37 / Title 3 / Section 37-0301
Definitions
Status: in_force

§ 37-0301. Definitions.\n  As used in this title, the following terms shall have the following\nmeanings:\n  1. "Facility" means all buildings, equipment, structures, and other\nstationary items located on a single site or adjacent sites and owned or\noperated by the same person (or by any person who controls, is\ncontrolled by, or is under common control with, such person).\n  2. "State agency" means:\n  (a) each state department;\n  (b) division of military and naval affairs, division of state police,\ndivision of housing and community renewal, division for youth, office of\ngeneral services, office of parks, recreation and historic preservation,\nand state university of New York;\n  (c) any division, board, commission, office, or bureau of any state\ndepartment which is required to obtain a permit issued by the department\nor which undertakes an activity for which it must register with the\ndepartment; and\n  (d) dormitory authority of the state of New York, facilities\ndevelopment corporation, metropolitan transportation authority\n(including the operations of all of its operating units), New York state\nenergy research and development authority, New York state environmental\nfacilities corporation, New York state olympic regional development\nauthority, New York state thruway authority, New York state urban\ndevelopment corporation, port authority of New York and New Jersey, and\npower authority of the state of New York.\n  3. The term "manufacture" means to produce, prepare, import, or\ncompound a toxic chemical.\n  4. The term "process" means the preparation of a toxic chemical, after\nits manufacture, for distribution in commerce in the same form or\nphysical state as, or in a different form or physical state from, that\nin which it was received by the person so preparing such chemical, or as\npart of an article containing the toxic chemical.\n  5. The term "release" means any spilling, leaking, pumping, pouring,\nemitting, emptying, discharging, injecting, escaping, leaching, dumping,\nor disposing into the environment (including the abandonment or\ndiscarding of barrels, containers, and other closed receptacles) of any\nhazardous chemical, extremely hazardous substance, or toxic chemical.\n  6. The term "toxic chemical" means a substance on the list described\nin 42 U.S.C. § 11023(c).\n
N.Y. ENV Law § 13-0347 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0347
Management of striped bass in marine waters
Status: in_force

§ 13-0347. Management of striped bass in marine waters.\n  Notwithstanding any provision of law to the contrary:\n  1. Striped Bass (Morone saxatilis) taken by hook and line for\nrecreational purposes, shall not be possessed, bought, sold or offered\nfor sale when less than twenty-four inches in total length.\n  2. Striped bass less than twenty-four inches in total length taken by\nother methods including but not limited to gill nets, haul seines and\ntrawl nets shall not be possessed, bought, sold or offered for sale.\n  3. All other striped bass less than legal size shall be returned to\nthe water immediately without unnecessary injury.\n  4. No person shall take or land striped bass in the marine waters of\nNew York state during the period December 15 to April 15 inclusive. For\npurposes of this section "marine waters" means the tidal waters of the\nstate including the Hudson River from the Battery to the George\nWashington bridge, and "land" shall mean the setting or putting on shore\nfrom any boat or vessel or to bring to any port or docking place any\nstriped bass. Possession of striped bass imported into New York other\nthan by boat is not prohibited during the closed season so long as such\nstriped bass are of legal minimum size. Striped bass unintentionally\ntaken in violation of this subdivision shall be returned to the water\nimmediately without unnecessary injury.\n  6. In all waters from the Robert F. Kennedy bridge west through the\nEast River, Harlem River and those portions of the Hudson River south of\nthe George Washington bridge to a line drawn from Rockaway Point to\nRomer Shoals lighthouse, no person shall use a net to take fish, except\nthat landing nets and nets of not more than 10 feet in length, operated\nby hand, may be used to take bait and shrimp, and cast nets may be used\nto take Atlantic menhaden and mullets as provided in subdivision one of\nsection 13-0343 of this title.\n
N.Y. RPT Law § 923 — New York Code / Act RPT / Article 9 / Title 3 / Section 923
Duplicate tax statements for elderly and disabled property owners
Status: in_force

§ 923. Duplicate tax statements for elderly and disabled property\nowners. 1. Definitions. For purposes of this section:\n  (a) "eligible taxpayer" shall mean a senior citizen or disabled\nowner-occupant of residential real property consisting of no more than\nthree family dwelling units;\n  (b) "disabled" shall mean (i) a physical or mental impairment,\nincluding, but not limited to, those of neurological, emotional or\nsensory origins, which substantially limits one or more of such person's\nmajor life activities; (ii) a record of such an impairment; or (iii) is\nregarded as having such an impairment as certified by a licensed\nphysician of this state;\n  (c) "enforcing officer" shall mean the officer responsible to enforce\nthe collection of unpaid real property taxes;\n  (d) "senior citizen" shall mean a person who is sixty-five years of\nage or older as of the last date on which an application pursuant to\nthis section may be made.\n  2. An eligible taxpayer may request a duplicate tax statement and a\nduplicate copy of any statement relative to unpaid real property taxes\nwhich are required by this chapter or any special act, local law,\ncharter or administrative code to be sent to an adult third party. Such\nrequest shall be made on a form prescribed by the commissioner and shall\nbe submitted to the collecting officer of the municipal corporation in\nwhich the eligible taxpayer resides no later than the date adopted by\nthe legislative body of such municipal corporation pursuant to section\nnine hundred twenty-two of this title. Such form shall provide a section\nwhereby the designated third party shall authorize consent to such\ndesignation. Such request for a duplicate tax statement and a duplicate\ncopy of any statement relative to unpaid real property taxes shall be\neffective upon receipt by the collecting officer.\n  3. The collecting officer shall maintain a list of all eligible\nproperty owners residing in such municipal corporation who have\nrequested duplicate tax statements and a duplicative copy of any\nstatement relative to unpaid real property taxes. The collecting officer\nshall forward a copy of the eligible taxpayer's request to the enforcing\nofficer of such municipal corporation, who shall maintain a list of such\neligible taxpayers for the purposes of complying with the provisions of\nthis section.\n  4. A duplicate tax statement shall be sent by the collecting officer\nto the third party designated by an eligible taxpayer at the same time\nand in the same manner as the statement of taxes is given to the\neligible taxpayer. Such duplicate tax statement shall carry the\nfollowing legend, either imprinted thereon or on an enclosure:\n  "Duplicate Tax Statement. This statement is sent to you at the request\nof the property owner shown on the statement in the expectation that you\nwill help the property owner avoid late payment of the enclosed tax\nbill, although you are under no legal obligation to do so. Your\ncooperation and assistance are greatly appreciated."\n  5. A duplicate copy of any statement relative to unpaid taxes required\nby this chapter or any special act, local law, charter or administrative\ncode shall be mailed to the third party designated by the eligible\ntaxpayer at the same time and in the same form as the statement of\nunpaid taxes is given to the eligible taxpayer. Such duplicate copy of\nsuch statement shall carry the following legend, either imprinted\nthereon or on an enclosure:\n  "Duplicate Delinquency Statement. This statement is sent to you at the\nrequest of the property owner shown on the statement in the expectation\nthat you will help the property owner to make payment of the delinquent\ntaxes indicated on the enclosed notice of delinquency, although you are\nunder no legal obligation to do so. Your cooperation and assistance are\ngreatly appreciated."\n  6. Failure to mail any duplicate statement required by this section,\nor the failure of any third party to receive the same, shall not affect\nthe validity of the levy, collection or enforcement of such taxes.\n
N.Y. GMU Law § 784 — New York Code / Act GMU / Article 17-A / Title 3 / Section 784
Public hearings on proposed elector initiated dissolution plan
Status: in_force

§ 784. Public hearings on proposed elector initiated dissolution plan.\n1. The governing body of the local government entity to be dissolved\nshall set a time and place or places for one or more public hearings on\nthe proposed elector initiated dissolution plan. The hearing or hearings\nshall be held no less than thirty-five days and no more than ninety days\nafter the proposed elector initiated dissolution plan is approved\npursuant to section seven hundred eighty-two of this title. Any\ninterested person shall be given a reasonable opportunity to be heard on\nany aspect of the proposed dissolution.\n  2. The public hearing or hearings shall be held on notice of at least\nten days, but not more than twenty days, published in a newspaper or\nnewspapers having general circulation within the local government entity\nto be dissolved and displayed on a website maintained by the entity or\notherwise on a website maintained by the village, town and/or county in\nwhich the entity is located. The notice of the hearing or hearings shall\nprovide a descriptive summary of the proposed elector initiated\ndissolution plan, and a reference to the public place or places within\nthe entity where a copy of such plan may be examined.\n  3. After completion of the final hearing, the governing body of the\nlocal government entity to be dissolved may amend the proposed elector\ninitiated dissolution plan, provided that the amended version complies\nwith the provisions of subdivision two of section seven hundred\neighty-two of this title and is publicized pursuant to subdivision four\nof this section. The governing body must approve a final version of the\nelector initiated dissolution plan within sixty days of such final\nhearing.\n  4. No later than five business days after amending the proposed\nelector initiated dissolution plan, the governing body of the local\ngovernment entity to be dissolved shall:\n  (a) cause a copy of the amended version of the proposed elector\ninitiated dissolution plan, along with a descriptive summary thereof, to\nbe displayed and readily accessible to the public for inspection in a\npublic place or places within the entity; and\n  (b) cause the amended version of the proposed elector initiated\ndissolution plan, along with a descriptive summary thereof and a\nreference to the public place or places within the entity where a copy\nthereof may be examined, to be displayed on a website maintained by the\nentity or otherwise on a website maintained by the village, town and/or\ncounty in which the entity is located.\n
N.Y. VAT Law § 350 — New York Code / Act VAT / Title 3 / Article 7 / Section 350
Money or securities deposited as proof of financial responsibility
Status: in_force

§ 350. Money or securities deposited as proof of financial\nresponsibility. (a) A person may give proof of financial responsibility\nby delivering to the commissioner one hundred fifty thousand dollars in\ncash, or securities, such as may legally be purchased by savings banks\nor for trust funds, of a market value of one hundred fifty thousand\ndollars.\n  (b) All money or securities so delivered to the commissioner shall be\nplaced by the commissioner in the custody of the commissioner of\ntaxation and finance and shall be subject to execution to satisfy any\njudgment mentioned in this article within the limits of coverage and\nsubject to the limits on amounts required by this article for motor\nvehicle liability policies, and if such moneys or securities shall be\notherwise subjected to attachment or any execution, the depositor shall\nimmediately furnish such additional moneys or securities, not otherwise\nsubjected to attachment or execution, to meet the requirements of this\nsection.\n  (c) The commissioner shall not accept such money or securities unless\naccompanied by evidence that there are no unsatisfied judgments against\nsuch person registered in the office of the county clerk of the county\nwhere such person resides.\n
N.Y. PBA Law § 1470-A — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-A
Definitions
Status: in_force

* § 1470-a. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nfourteen hundred seventy of this title;\n  2. The term "city" shall mean the city of Rome;\n  3. The term "bonds" shall mean the bonds authorized in this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interests, such as easements, rights of way, uses,\nleases, licenses, and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms of years,\nand liens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities either on, above or under the ground which\nare used or usable in connection with such parking or storing of such\nvehicles;\n  7. The term "projects" shall mean more than one project.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 1398 — New York Code / Act PBA / Article 6 / Title 3 / Section 1398
Separability
Status: in_force

§ 1398. Separability. If any clause, sentence, paragraph, part or\nprovision of this title shall for any reason be adjudged by a court of\ncompetent jurisdiction to be unconstitutional, ineffective or invalid,\nsuch judgment shall not affect, impair or invalidate the remainder of\nthis title, but shall be confined in its operation to the clause,\nsentence, paragraph, part or provision thereof directly involved in the\ncontroversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 23-0303 — New York Code / Act ENV / Article 23 / Title 3 / Section 23-0303
Administration of article
Status: in_force

§ 23-0303. Administration of article.\n  1. Except to the extent that the administration of this article is\nspecifically entrusted to other agencies or officers of the state by its\nprovisions, such administration shall be by the department.  Geological\nservices for the department in connection with the administration of\nthis article shall be provided by or in cooperation with the state\ngeologist. Within appropriations therefor the department is authorized\nto employ such personnel as may be necessary for the administration of\nthis article and may also employ or secure the services of such\nengineering, technical and other consultants as it may require from time\nto time.\n  2. The provisions of this article shall supersede all local laws or\nordinances relating to the regulation of the oil, gas and solution\nmining industries; but shall not supersede local government jurisdiction\nover local roads or the rights of local governments under the real\nproperty tax law.\n  3. a. The commissioner shall accept from municipalities requests for\nfunds from the oil and gas fund to reimburse the municipality for costs\nincurred in repairing damages to municipal land or property. Such\nrequests shall include such explanatory material and documentation as\nthe commissioner may require.\n  b. The commissioner and director of the budget, may recommend payment\nto the municipality to satisfy the request for reimbursement upon\nfinding that:\n  (1) The municipality has made a bona fide effort to seek relief and\nrecover its costs from those deemed to be responsible and any other\nappropriate avenues, but has been unsuccessful;\n  (2) The damage was a direct result of activities regulated under this\narticle and that the amount of funds requested is reasonable in view of\nsuch damages; and\n  (3) The costs were incurred after the effective date of this\nsubdivision.\n
N.Y. ELD Law § 240 — New York Code / Act ELD / Article 2 / Title 3 / Section 240
Short title
Status: in_force

§ 240. Short title. This title shall be known and may be cited as the\n"program for elderly pharmaceutical insurance coverage".\n
N.Y. PBA Law § 165 — New York Code / Act PBA / Article 2 / Title 3 / Section 165
Inconsistent provisions in other acts superseded
Status: in_force

* § 165. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, the provisions of this title shall be\ncontrolling.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBA Law § 3971 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3971
Audits
Status: in_force

§ 3971. Audits. 1. The accounts of the authority shall be subject to\nthe audit of the comptroller and the state comptroller. In addition, the\nauthority shall be subject to an annual financial audit performed by an\nindependent certified accountant selected by the authority. Such audit\nreport shall be submitted to the county executive, the presiding\nofficer, the comptroller, the governor, the state comptroller, the chair\nand ranking minority member of the state senate finance committee and\nthe chair and ranking minority member of the state assembly ways and\nmeans committee.\n  2. For each fiscal year during the existence of the authority, and\nwithin one hundred twenty days after the close of the county's fiscal\nyear, the county shall submit its audited financial statements to the\nauthority.\n
N.Y. PBH Law § 242 — New York Code / Act PBH / Article 2 / Title 3 / Section 242
District health officers; powers and duties
Status: in_force

* § 242. District health officers; powers and duties. 1. Each state\ndistrict health officer, under the direction of the commissioner and\nsubject to the provisions of this chapter and the sanitary code, shall\nact under the immediate supervision of the regional health director of\nthe regional health area in which his district is located, as the\nrepresentative of the commissioner in all matters affecting public\nhealth within his district, and shall perform such duties and exercise\nsuch powers as may be assigned to him.\n  2. Each state district health officer shall act as the representative\nof the commissioner, and under his direction, in securing the\nenforcement within his district of the provisions of the public health\nlaw and the sanitary code.\n  * NB There are 2 § 242's\n
N.Y. ENV Law § 11-0313 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0313
Waters closed to taking of fish
Status: in_force

§ 11-0313. Waters closed to taking of fish.\n  The department shall have power by regulation to close any waters of\nthe state to the taking of fish whenever an environmental investigation\nit causes to be made reveals that fish life in such waters is in\nimminent danger of undue depletion because of low water levels brought\non by drought. Any such regulation shall remain in force until the\ndepartment finds that the low water emergency has passed and repeals the\nregulation.\n
N.Y. PBA Law § 561 — New York Code / Act PBA / Article 3 / Title 3 / Section 561
Bonds of the authority
Status: in_force

§ 561. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any corporate purpose or power. The authority shall have power from\ntime to time and whenever it deems refunding advantageous or desirable,\nto refund, redeem or otherwise pay, including by purchase or tender any\nbonds by the issuance of new bonds, whether the bonds to be refunded\nhave or have not matured, and may issue bonds partly to refund bonds\nthen outstanding and partly for any other corporate purpose or power.\nThe refunding bonds may be exchanged for the bonds to be refunded, with\nsuch cash adjustments as may be agreed, or may be sold and the proceeds\napplied to the purchase or payment of the bonds to be refunded. The\nauthority may issue general or special obligation bonds. Every issue of\ngeneral obligation bonds shall be payable out of any moneys or revenues\nof the authority, subject only to any agreements with the holders of\nparticular bonds pledging any particular tolls or revenues. Every issue\nof special obligation bonds shall be payable out of any revenues,\nreceipts, monies or assets of the authority, the metropolitan\ntransportation authority and its subsidiary corporations and the New\nYork city transit authority and its subsidiary corporations identified\nfor such purposes in accordance with agreements with the holders of\nparticular bonds.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nfifty years from their respective dates, bear interest at such rate or\nrates, be payable at such time or times, be in such denominations, be in\nsuch form either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment, at such place or places, and be subject to such terms of\nredemption, as such resolution or resolutions may provide. The bonds may\nbe sold at public or private sale for such price or prices as the\nauthority shall determine. Notwithstanding the foregoing provisions,\nsuch bonds as may be authorized by resolution of the board and issued on\nor before June thirtieth, nineteen hundred sixty-five, shall bear\ninterest at such rate or rates as such resolution may provide.\n  3. The bonds may be issued for any corporate purpose of the authority.\n  4. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the tolls and revenues of the project\nor of all or any part of any or all such projects to secure the payment\nof the bonds or of any issue of the bonds subject to such agreements\nwith bondholders as may then exist;\n  (b) the rates of the tolls to be charged, and the amounts to be raised\nin each year by tolls, and the use and disposition of the tolls and\nother revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the project in connection with which such bonds are issued;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from any project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section five hundred sixty-seven hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder section five hundred sixty-seven hereof or limiting the rights,\nduties and powers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4-a. Any resolution or resolutions authorizing any bonds or any issue\nof bonds maturing in not exceeding ten years from their date (hereafter\nin this subdivision four-a referred to as "short term obligations") may\ncontain, in addition to all other provisions authorized by this title,\nprovisions, which shall be a part of the contract with the holders of\nthe short term obligations thereby authorized, as to (a) refunding the\nshort term obligations and, if so provided, outstanding bonds by the\nissuance of bonds of the authority either by the sale of bonds and the\napplication of the proceeds to the payment of the short term obligations\nand outstanding bonds or by the exchange of bonds for the short term\nobligations and outstanding bonds; provided, however, that the authority\nshall make no covenant to refund which shall require it to issue bonds,\nthe aggregate principal amount of which shall exceed by more than ten\nper centum the aggregate principal amount of the short term obligations\nand outstanding bonds to be refunded thereby;\n  (b) satisfying, paying or discharging the short term obligations, at\nthe election of the authority, by the tender or delivery of bonds of the\nauthority in exchange therefor; provided, however, that the aggregate\nprincipal amount of bonds shall not exceed by more than ten per centum\nthe aggregate principal amount of the short term obligations to satisfy,\npay or discharge which the bonds are tendered or delivered;\n  (c) exchanging or converting the short term obligations, at the\nelection of the holder thereof, for or into bonds of the authority;\nprovided, however, that the aggregate principal amount of the bonds\nshall not exceed by more than ten per centum the aggregate principal\namount of the short term obligations to be exchanged for or converted\ninto bonds;\n  (d) pledging bonds of the authority as collateral to secure payment of\nthe short term obligations and providing for the terms and conditions of\nthe pledge and manner of enforcing the pledge, which terms and\nconditions may provide for the delivery of the bonds in satisfaction of\nthe short term obligations; provided, however, that the aggregate\nprincipal amount of the bonds pledged shall not exceed by more than ten\nper centum the aggregate principal amount of the short term obligations\nto secure which they are pledged;\n  (e) depositing bonds in escrow or in trust with a trustee or fiscal\nagent or otherwise providing for the issuance and disposition of the\nbonds as security for carrying out any provisions in any resolution\nadopted pursuant to the foregoing paragraphs (a), (b), (c) and (d)\nhereof and providing for the powers and duties of the trustee or fiscal\nagent or other depositary and the terms and conditions on which the\nbonds are to be issued, held and disposed of;\n  (f) any other matters of like or different character which relate to\nany provision or provisions of any resolution adopted pursuant to the\nforegoing paragraphs (a), (b), (c), (d) and (e) hereof.\n  In computing the amount of bonds of the authority which may be\noutstanding at any one time, short term obligations shall be excluded to\nthe extent that the resolution authorizing the issuance of such short\nterm obligations shall provide for the issuance of bonds pursuant to\nparagraphs (a), (b), (c) or (d) of this section, but the bonds provided\nto be issued by such resolution shall be included in making such\ncomputation whether or not such bonds are outstanding.\n  The authority shall have power to make contracts for the future sale\nfrom time to time of short term obligations, by which the purchasers\nshall be committed to purchase short term obligations from time to time\non the terms and conditions stated in such contracts, and the authority\nshall have power to pay such consideration as it shall deem proper for\nsuch commitments.\n  4-b. The authority shall have power from time to time to issue notes\n(herein referred to as notes) for any corporate purpose or power and\nfrom time to time to issue renewal notes maturing not later than five\nyears, from their respective dates whenever the authority shall\ndetermine that payment thereof can be made in full from any moneys or\nrevenues which the authority expects to receive from any source. The\nauthority may pledge such moneys or revenues (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner as herein provided for bonds or otherwise.\nThe notes shall be issued in the same manner as bonds. The authority\nshall have power to make contracts for the future sale from time to time\nof the notes, by which the purchasers shall be committed to purchase the\nnotes from time to time on terms and conditions stated in such\ncontracts, and the authority shall have power to pay such consideration\nas it shall deem proper for such commitments.\n  4-c. It is the intention hereof that any pledge of tolls or other\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the tolls or other\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  5. Neither the members of the board nor any person executing the bonds\nshall be liable personally on the bonds or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n
N.Y. ENV Law § 21-0317 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0317
Evaluation
Status: in_force

§ 21-0317. Evaluation.\n  On August 15, 1964, and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe commission with respect to the waters within and commingled with\nthose in New York over which the commission has jurisdiction and shall\nreport to the commission thereon. The Commissioner of Environmental\nConservation shall transmit a copy of such report to the Governor. The\nCommissioner of Environmental Conservation may make such additional\nreports to the commission and the Governor as he deems appropriate.\n
N.Y. PBH Law § 4138-B — New York Code / Act PBH / Article 41 / Title 3 / Section 4138-B
Birth certificate: foreign adoption
Status: in_force

§ 4138-b. Birth certificate: foreign adoption. 1. Whenever the\nfinalization of a foreign adoption or recognition of a foreign adoption\nof a person of any age pursuant to section one hundred eleven-c of the\ndomestic relations law, or the adoption of a foreign-born person of any\nage at the time of adoption has been reported to the commissioner, the\ncommissioner shall file a birth certificate for the adopted person\nprovided there is no other birth certificate or other birth record on\nfile other than in the country where such person was born and provided,\nfurther, that a certificate of birth data does not exist for that\nperson. Such birth certificate shall be filed upon receipt of: proof\nthat the adoptive parent was a resident of this state at the time of\nadoption or that the adoptee was lawfully adopted within the State of\nNew York; if the adoptee was adopted in a foreign country or\njurisdiction, a copy of the adoption documents of the jurisdiction or\ncountry in which the person was adopted; a certified translation of the\nforeign adoption documents, evidence of the date and place of the\nadopted person's birth; and evidence of IR-3, IR-4 or IH-3 immigrant\nvisa status or a successor immigrant visa status. The birth certificate\nshall include the adopted person's name, sex, date of birth, time of\nbirth, place of birth, mother's maiden name, and father's name. A birth\ncertificate issued pursuant to this section which has been filed by a\nlocal registrar and all supporting documentation shall be submitted by\nthe local registrar to the commissioner who shall file a new birth\ncertificate pursuant to this section.\n  2. A petitioner may submit an attorney certified copy of the adoptee's\nforeign birth certificate, or similar confirmation of birth, and\nadoption decree, and copies of attorney certified translations of the\nforeign documentation in connection with the finalization of a foreign\nadoption or recognition of a foreign adoption pursuant to section one\nhundred eleven-c of the domestic relations law.\n  3. This provision shall be deemed retroactive so that an adopted\nperson who was adopted in accordance with this section prior to the\neffective date hereof may obtain, upon application, a birth certificate\npursuant to this section.\n
N.Y. PBA Law § 1054-A — New York Code / Act PBA / Article 5 / Title 3 / Section 1054-A
Deposit required where temporary possession is granted in condemnation proceeding
Status: in_force

§ 1054-a. Deposit required where temporary possession is granted in\ncondemnation proceeding. Whenever the authority, in any condemnation\nproceeding for the acquisition of any property, shall make application\nfor temporary possession pursuant to the provisions of section\ntwenty-four of the condemnation law, the sum to be fixed by the court\nfor deposit, as a condition of granting such application, shall not\nexceed ten per centum of the assessed valuation of the real property\nsought to be acquired in such proceedings as such assessed valuation\nappears upon the last assessment rolls for county taxes prior to the\ncommencement of such proceeding.\n
N.Y. VAT Law § 349 — New York Code / Act VAT / Title 3 / Article 7 / Section 349
Filing a bond as proof of financial responsibility
Status: in_force

§ 349. Filing a bond as proof of financial responsibility. (a) A\nperson required to give proof of financial responsibility may file with\nthe commissioner a bond meeting the requirements of this section.\n  (b) Such bond shall be executed by the person giving such proof and by\na surety company duly authorized to transact business in this state.\n  (c) The commissioner shall not accept any such bond unless it is\nconditioned for payments in amounts and under the same circumstances as\nwould be required in a motor vehicle liability policy furnished by the\nperson giving such proof under this article.\n  (d) No such bond shall be cancelled unless ten days' prior written\nnotice of cancellation is given the commissioner but cancellation of\nsuch bond shall not prevent recovery thereon with respect to any right\nor cause of action arising prior to the date of cancellation.\n  (e) If a final judgment rendered against the principal on the bond\nfiled with the commissioner as provided in this article shall not be\nsatisfied within fifteen days after its rendition, the judgment creditor\nmay, for his own use and benefit and at his sole expense, bring an\naction on said bond in the name of the state against the company or\npersons executing such bond.\n
N.Y. ENV Law § 19-0303 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0303
Codes, rules and regulations
Status: in_force

§ 19-0303. Codes, rules and regulations.\n  1. A code, rule or regulation or any amendment or repeal thereof shall\nnot be adopted until after a public hearing within the area of the state\nconcerned. Notice of such hearing shall be given at least sixty days\nprior to the scheduled date of the hearing by public advertisement of\nthe date, time, place and purpose of such hearing. At such hearing,\nopportunity to be heard by the department with respect to the subject\nthereof shall be given to the public. A code, rule or regulation or an\namendment or repeal thereof shall not become effective until thirty days\nafter certified copies thereof shall have been filed with the secretary\nof state. Any person heard at such hearing shall be given written notice\nof the action of the department with respect to the subject thereof.\n  2. The code, rule and/or regulation or any amendment thereof which\nshall be adopted by the department may differ in its terms and\nprovisions as between particular types and conditions of air pollution\nor of air contamination; as between particular air contamination\nsources; and as between particular areas of the state.\n  3. In exercising the power conferred upon it by section 19-0301 to\nformulate, adopt and promulgate, and to amend and repeal, codes and\nrules and regulations for preventing, controlling or prohibiting air\npollution, the department shall give due recognition to the fact that\nthe quantity or characteristics of air contaminants or the duration of\ntheir presence in the atmosphere, which may cause air pollution in one\narea of the state, may cause less air pollution or not cause any air\npollution in another area of the state, and it shall take into\nconsideration in this connection such factors, among others found by it\nto be proper and just, as existing physical conditions, zoning\nclassifications, topography and prevailing wind directions and\nvelocities and also the fact that a code, rule or regulation and the\ndegree of conformance therewith which may be proper as to an essentially\nresidential area of the state may not be proper as to a highly developed\nindustrial area of the state.\n  4. In adopting any code, rule or regulation which contains a\nrequirement that is more stringent than the Act or regulations issued\npursuant to the Act by the United States environmental protection\nagency, the commissioner shall, in addition to the provisions of section\ntwo hundred two-a of the state administrative procedure act, include in\nthe regulatory impact statement:\n  (a) a detailed explanation of the reason or reasons that justify\nexceeding federal minimum requirements, including:\n  (i) satisfying any requirement of the Act as it relates to New York\nstate, including any requirement for demonstrating attainment or\nmaintenance of ambient air quality standards or meeting reasonable\nfurther progress pursuant to Title I of the Act;\n  (ii) preventing an assessment or imposition of sanctions, or the\nimposition of a federal implementation plan, pursuant to the Act;\n  (iii) complying with a final decree of a court; or\n  (iv) protecting public health or the environment;\n  (b) an evaluation of the cost-effectiveness of the proposed code, rule\nor regulation, in comparison with the cost-effectiveness of reasonably\navailable alternatives; and\n  (c) a review of the reasonably available alternative measures\nconsidered by the commissioner and an explanation of the reasons for\nrejecting such alternatives.\n  5. The state, through its representatives on the interstate transport\ncommission established pursuant to section 7506a of the Act, shall\nprovide for public review of proposed recommendations for additional\ncontrol measures and attainment strategies. Such public review will be\neffected by the governor's designee causing a notice of such proposed\nrecommendations to be published in the Environmental Notice Bulletin.\nSuch public review may be conducted concurrently with any public review\nrequired pursuant to the Act.\n
N.Y. PBA Law § 1470-O — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-O
Remedies of bondholders
Status: in_force

* § 1470-o. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the 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 authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of Oneida and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name:\n  (a) by mandamus or other suit, action or proceeding at law or in\nequity enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such 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 holders of such\nbonds;\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 holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Oneida.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any real property necessary or\nconvenient in connection with the project that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fee, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from such project.\n  6. Such trustee 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 in the enforcement and protection of their\nrights.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. VAT Law § 348 — New York Code / Act VAT / Title 3 / Article 7 / Section 348
Article not to affect other policies
Status: in_force

§ 348. Article not to affect other policies. (a) This article shall\nnot be held to apply to or affect policies of automobile insurance\nagainst liability which may now or hereafter be required by any other\nlaw of this state, and such policies, if endorsed to conform to the\nrequirements of this article shall be accepted as proof of financial\nresponsibility when required under this article.\n  (b) This article shall not be held to apply to or affect policies\ninsuring solely the insured named in the policy against liability\nresulting from the maintenance, or use by persons in the insured's\nemploy or in his behalf of motor vehicles not owned by the insured.\n
N.Y. LAB Law § 274 — New York Code / Act LAB / Article 11 / Title 3 / Section 274
Fire-escapes erected before October first, nineteen hundred and thirteen
Status: in_force

§ 274. Fire-escapes erected before October first, nineteen hundred and\nthirteen. All outside fire-escapes erected before October first,\nnineteen hundred and thirteen, and serving as required exits under the\nprovisions of section two hundred and seventy-one shall conform to the\nfollowing requirements:\n  1. There shall be balconies on each floor of the building connected\nwith stairways placed at an angle of not more than sixty degrees.\n  2. A stairway shall lead from the top floor balcony to the roof,\nexcept when the fire-escapes are erected on the front of the building.\n  3. A stairway not less than twenty-two inches wide shall lead from the\nlowest balcony to a safe landing place beneath, which stairway shall\nremain down permanently or swing up and down by counterbalancing\nweights.\n  4. A safe and unobstructed exit shall be provided to the street from\nthe foot of such fire-escapes as required in subdivision nine of section\ntwo hundred and seventy-three.\n  5. Steps shall connect the sill of every opening leading to the\nfire-escapes with the floor wherever such sill is more than three feet\nabove the floor level.\n  6. All openings leading to the fire-escapes shall be provided with\nfireproof windows or fire doors.\n  7. All windows opening upon the course of the fire-escape shall be\nfireproof windows.\n
N.Y. ELN Law § 5-306 — New York Code / Act ELN / Article 5 / Title 3 / Section 5-306
Enrollment; correction of
Status: in_force

§ 5-306. Enrollment; correction of. 1. If, after being regularly\nregistered in an election district, a voter discovers he has made a\nmistake when enrolling, he may within one year from the date of his last\nregistration apply to the board of elections of the county or city in\nwhich he resides for a correction of the mistake made by him when\nmarking his enrollment blank, by filing his affidavit setting forth\nsubstantially as follows: how he is enrolled, and the town or city,\nelection district, and when required, the ward or assembly district, in\nwhich he is registered, the street address, if any, from which he was\nregistered, a statement, in substance, that his current enrollment blank\nwas not marked correctly and that he did not intend to be so enrolled;\nthe name of the party with which he did intend to enroll and which he\ndesires to be entered on the registration records; a statement that he\nhas been duly and regularly enrolled with the party whose name he\ndesires entered on his registration records for at least five years\nimmediately preceding the registration at which such mistake occurred or\nthat he was not registered for all or part of such five year period; the\ncounty or counties and the addresses at which he resided when he was so\nenrolled; that he is in general sympathy with the principles of the\nparty with which he requests to be enrolled and intends to support\ngenerally its nominees at the next general election, and a statement\nthat he has not enrolled in any party or participated in any primary\nelection or convention of any party during the past five years, other\nthan the one with which he requests to be enrolled.\n  2. If the applicant's certificate or, the registration records in the\noffice of such board show the applicant to have been registered during\nsuch five year period elsewhere in the state of New York the board shall\nrequire the applicant to produce a certified transcript of his\nenrollment, if any, in such other jurisdiction within the state\naccompanied with proof, by affidavit, showing his identity with the\nperson whose name appears in such transcript. If the records of any\nboard of elections within the state show the applicant to have been\nenrolled during such five year period in any party other than the one\nwith which he requests to be enrolled, or to have been registered but\nnot enrolled, the application for correction of enrollment shall be\ndenied.\n  3. A voter may correct their enrollment pursuant hereto on any of the\ndays the board is open for registration. A correction made during the\nnine-day period preceding a primary election shall not be effective for\nsuch election.\n  4. Where such application for correction of enrollment is approved,\nthe board of elections shall enter the date of filing of the voter's\naffidavit along with the new party of enrollment in the spaces provided\nfor entering enrollments on the back of his registration poll record or\nin the computer file from which the computer generated registration\nlists are prepared and the words "Enrollment Corrected" shall be entered\nin the remarks space therein. If requested by any member of the board,\nthe correction of enrollment of any voter, or group of voters, must be\napproved by two such board members or two employees of the board\nrepresenting different political parties. Such members or employees\nshall place their initials or other identifying information on the\nregistration poll record of such voter, or on a computer generated list\nof such corrections of enrollment. Such lists shall be preserved in the\nsame manner, and for the same time, as such registration poll records.\nThe board shall file such affidavit in a file specially maintained for\nthat purpose.\n
N.Y. STL Law § 126 — New York Code / Act STL / Article 8 / Title 3 / Section 126
Application; senate
Status: in_force

§ 126. Application; senate. For the purpose of filling vacancies\noccurring other than by the expiration of term in the offices of members\nof the senate elected at a general election in two thousand twenty-two,\nthe senate districts of this state, as described and set out in a\nchapter of the laws of two thousand twenty-two, amending the state law\nrelating to establishing senate districts, shall continue to be\nrespectively, the senate districts of the state.\n
N.Y. RPT Law § 925-B — New York Code / Act RPT / Article 9 / Title 3 / Section 925-B
Extension; certain persons sixty-five years of age or over
Status: in_force

§ 925-b. Extension; certain persons sixty-five years of age or over.\nNotwithstanding any contrary provision of this chapter, or any general,\nspecial or local law, code or charter, the governing body of a municipal\ncorporation other than a county may, by resolution adopted prior to the\nlevy of any taxes on real property located within such municipal\ncorporation, authorize an extension of no more than five business days\nfor the payment of taxes without interest or penalty to any resident of\nsuch municipal corporation who has received an exemption pursuant to\nsubdivision four of section four hundred twenty-five or four hundred\nsixty-seven of this chapter, or a credit pursuant to subsection (eee) of\nsection six hundred six of the tax law, related to a principal residence\nlocated within such municipal corporation. If such an extension is\ngranted, and any taxes are not paid by the final date so provided, those\ntaxes shall be subject to the same interest and penalties that would\nhave applied if no extension had been granted.\n
N.Y. ENV Law § 23-0311 — New York Code / Act ENV / Article 23 / Title 3 / Section 23-0311
New York state oil, gas and solution mining advisory board
Status: in_force

§ 23-0311. New York state oil, gas and solution mining advisory board.\n  1. A thirteen member New York state oil, gas and solution mining\nadvisory board shall be created within the department to advise and\nassist the commissioner and other state agencies on activities and\npolicies related to the development, operation and regulation of the\noil, gas and solution mining industry. The members shall be appointed by\nthe governor, with a majority representative of the respective\nindustries. Three of the members shall be appointed upon recommendation\nof the majority leader of the senate and three of the members shall be\nappointed upon recommendation of the speaker of the assembly.\nAppointments shall be made for three-year terms. Members shall continue\nin office until their successors have been appointed and qualified. The\ngovernor shall select a chair from among the members. The board shall\nmeet at least twice yearly and the members shall receive reimbursement\nfor expenses. The department shall provide the board with secretarial\nservices.\n  2. The chair of the public service commission, the president of the\nNew York state energy research and development authority, the state\ngeologist, and the commissioner shall serve the board in an ex-officio\ncapacity.\n  3. The commissioner shall seek the views of the board on matters\nwithin their scope of concern and shall specifically request the board's\nparticipation at an early developmental stage of any new rules,\nregulations and policies being contemplated or developed. In addition to\nsuch other duties as the commissioner may suggest or the board on its\nown volition may choose to undertake, the board shall:\n  a. Review and comment on the criteria to be used by the department in\nselecting abandoned wells for plugging or replugging.\n  b. Review and comment on proposed rules and regulations and department\nactivities affecting the industry.\n  c. Recommend to the governor, the commissioner, and other state\nagencies program directions or modifications related to the development,\noperation, and regulation of the oil, gas, and solution mining industry.\n
N.Y. ENV Law § 13-0338 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0338
Sharks; department authority; finning prohibited
Status: in_force

§ 13-0338. Sharks; department authority; finning prohibited.\n  1. For purposes of this section:\n  a. "Shark" means any species of the subclass Elasmobranchii except\nspecies in the order Batoidei;\n  b. "Finning" means the removal of a fin or fins from a shark and not\nretaining the remainder of the shark's carcass; and\n  c. "Shark fin" means the raw, dried or otherwise processed detached\nfin including the tail.\n  2. No person shall engage in finning on the waters of the marine and\ncoastal district.\n  3. a. No person shall possess, sell, offer for sale, trade or\ndistribute a shark fin; provided, however, that this prohibition shall\nnot apply to any shark fin that was taken from a spiny dogfish (Squalus\nacanthias) or a smooth dogfish (Mustelus canis) lawfully caught by a\nlicensed commercial fisherman.\n  b. A shark fin may be possessed by any person if the shark was\nlawfully caught and the person has a recreational marine fishing\nregistration or a license or permit from the department for bona fide\nscientific research or educational purposes.\n  4. The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of sharks,\nincluding size limits, catch and possession limits, open and closed\nseasons, closed areas, restrictions on the manner of taking and landing,\nrequirements for permits and eligibility therefor, recordkeeping\nrequirements, requirements on the amount and type of fishing effort and\ngear, and requirements relating to transportation, possession and sale,\nprovided that such regulations are no less restrictive than requirements\nset forth in this chapter and provided further that such regulations are\nconsistent with the compliance requirements of applicable fishery\nmanagement plans adopted by the Atlantic States Marine Fisheries\nCommission and with applicable provisions of fishery management plans\nadopted pursuant to the Federal Fishery Conservation and Management Act\n(16 U.S.C. §1800 et seq.).\n  * 5. Sharks, excluding spiny dogfish, shall not be taken for\ncommercial or recreational purposes by baited hooking except with the\nuse of non-stainless steel non-offset circle hooks. In addition, no\nperson shall conduct, sponsor or participate in any shark tournament\nunless said tournament's rules and regulations require the exclusive use\nof non-stainless steel non-offset circle hooks.\n  * NB Repealed December 31, 2026\n
N.Y. LAB Law § 430 — New York Code / Act LAB / Article 15 / Title 3 / Section 430
Working time
Status: in_force

§ 430. Working time. The working time in compressed air in any\ntwenty-four hours shall be specified by the board in its rules. No\nperson shall be subjected to pressure exceeding fifty pounds except in\nemergency. The maximum number of hours for any pressure, shall be as\nspecified by the board in its rules.\n
N.Y. RPT Law § 925-D — New York Code / Act RPT / Article 9 / Title 3 / Section 925-D
Deployed military; extension
Status: in_force

§ 925-d. Deployed military; extension. Notwithstanding any other\nprovision of law which relates to the collection of real property tax\nowed to a municipal corporation or to the imposition of penalties or\ninterest therefor for a late payment owed by a person who has been\ndeployed by the military or by the spouse or domestic partner of such\nperson for real property of a person so deployed, any deadline with\nrespect to the payment of such real property tax shall be extended for a\nperiod of ninety days after the end of such deployment if such municipal\ncorporation has passed a local resolution authorizing such extension.\nFor purposes of this section a "person deployed by the military" shall\nmean a person who has been ordered to active military duty, other than\ntraining, for the period beginning with a declaration of war by Congress\nand ending with a date prescribed by Presidential proclamation or\nconcurrent resolution of Congress or during any periods of combat\ndesignated by presidential executive order or hazardous duty. Any\npayment on behalf of such deployed person, spouse or domestic partner\nfrom a real property tax escrow account shall likewise be so extended\nconsistent with the provisions of this section.\n
N.Y. ENV Law § 13-0343-A — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0343-A
Fish pots and traps; restrictions
Status: in_force

§ 13-0343-a. Fish pots and traps; restrictions.\n  1. No person shall utilize commercial fishing gear commonly known as\n"fish pots" or "fish traps" within five hundred feet of any artificial\nreef. The department may publish a list of artificial reef sites and\nlocations where the placing of pots or traps is prohibited.\n  2. The department may regulate the use and design of "fish pots" and\n"fish traps", including, but not limited to, the following matters:\ndesign, including, but not limited to, identification and marking;\nconfiguration and material composition; requirements for escape panels\nand/or vents; restrictions on the total number of traps or pots that may\nbe fished individually or collectively; and in addition to the\nrestrictions contained in subdivision one of this section, those areas\nwhere such pots or traps may not be used.\n  3. The department may require those who hold licenses pursuant to\nsection 13-0335 of this title to first obtain a permit from the\ndepartment to set, operate, maintain or use "fish pots" or "fish traps".\nThe department may restrict the number of permits issued pursuant to\nthis section.\n  4. This section shall not apply to any "fish pot" or "fish trap"\nexempted under section 13-0335 of this title. Any rule or regulation\nproposed or adopted pursuant to this section shall be consistent with\nthe provisions of section 13-0105 of this article. The commissioner is\nauthorized to promulgate such rules or regulations as he deems necessary\nto implement this section.\n  5. No person shall return a fish pot or trap which contains fish to\nthe water.\n
N.Y. VAT Law § 399-T — New York Code / Act VAT / Title 3 / Article 12-D / Section 399-T
Report by commissioner
Status: in_force

* § 399-t. Report by commissioner. No later than June first, two\nthousand twenty-five, the commissioner shall report to the governor, the\ntemporary president of the senate and the speaker of the assembly on the\npre-licensing course internet pilot program and its results. Such report\nshall include recommendations as to the future use of the internet as an\neffective way, in addition to classroom presentation, to deliver to the\npublic approved pre-licensing courses, and qualifications for\nparticipants in such approved internet delivered programs.\n  * NB Repealed June 30, 2030\n
N.Y. GOB Law § 3-305 — New York Code / Act GOB / Article 3 / Title 3 / Section 3-305
Contract of married woman not to bind husband
Status: in_force

§ 3-305. Contract of married woman not to bind husband. A contract\nmade by a married woman does not bind her husband or his property.\n