N.Y. PBA Law § 553-B — New York Code / Act PBA / Article 3 / Title 3 / Section 553-B
Additional powers and provisions in relation to convention center
Status: in_force

§ 553-b. Additional powers and provisions in relation to convention\ncenter. 1. In relation to the convention center and for the purpose of\neffectuating the development of the same, the authority shall have\npower, in its discretion and subject to and in accordance with all\ncontract provisions with respect to any bonds and the rights of the\nholders of bonds, to:\n  (a) Finance all or any part of the costs of and incidental to studies,\nthe site acquisition, planning, design, construction and development of\nthe convention center, through the issuance of its negotiable notes or\nbonds or other obligations;\n  (b) Lease in its own name the convention center from the subsidiary of\nNew York state urban development corporation (such subsidiary being\nherein referred to as the development corporation) created pursuant to a\nchapter of the laws of nineteen hundred seventy-nine for studies, site\nacquisition, planning, design, construction and development of the\nconvention center, and sublease its interest therein to the state\n(acting by and through the commissioner of general services), each of\nsuch lease and sublease to be upon such terms and conditions as the\nparties thereto shall agree, provided that (i) such lease shall (a)\nprovide for an initial lump-sum rental in the amount of the aggregate of\nthose costs of and incidental to the studies, site acquisition,\nplanning, design, construction and development of the convention center\ntheretofore temporarily financed by the State and for a nominal rental\nthereafter, (b) provide to the lessee the option to purchase for a\nnominal price the leased property in its own name at the expiration or\nearlier termination of the term of the lease, and (c) relieve the\ndevelopment corporation of any obligation to operate, repair, maintain\nor reconstruct the convention center, and (ii) such sublease shall (a)\nprovide for rental payments equal to the amount needed to pay debt\nservice on said notes, bonds or other obligations as the same becomes\ndue, (b) provide that the obligations of the state to make such rental\npayments shall not constitute a debt of the state within the meaning of\nany constitutional or statutory provision and shall be deemed executory\nonly to the extent of moneys made available to the state, and that no\nliability on account thereof shall be incurred by the state beyond the\nmoneys available for the purpose thereof, (c) provide to the sublessee\nthe option to purchase for a nominal price any interest of the authority\nin the subleased property at the expiration or earlier termination of\nthe term of the sublease, and (d) relieve the authority of any\nobligation to operate, repair, maintain or reconstruct the convention\ncenter;\n  (c) Agree with the development corporation (in the lease referred to\nin paragraph (b) above or by separate agreement) to make payments to the\ndevelopment corporation from the proceeds of the sale of the obligations\nreferred to in paragraph (a) above upon requisition therefor by the\ndevelopment corporation, in an aggregate amount equal to the costs of\nand incidental to the studies, site acquisition, planning, design,\nconstruction and development of the convention center less the amount\ntheretofore paid to the development corporation as rentals under the\nlease referred to in paragraph (b) above; and\n  (d) Additionally participate in the site acquisition, planning,\ndesign, construction and development of the convention center through\nrepresentation on the board of directors of the development corporation.\n  2. Bonds, notes or other obligations issued for the purposes\nenumerated in paragraph (a) of subdivision one of this section shall be\nissued in the manner provided in section five hundred sixty-one of this\nchapter, subject only to the following limitations:\n  (a) The aggregate principal amount of such bonds, notes or other\nobligations shall not exceed three hundred seventy-five million dollars\n($375,000,000), excluding bonds, notes or other obligations issued to\nrefund or otherwise repay bonds, notes or other obligations theretofore\nissued for such purposes; provided, however, that upon any such\nrefunding or repayment the total aggregate principal amount of\noutstanding bonds, notes or other obligations may be greater than three\nhundred seventy-five million dollars ($375,000,000) only if the present\nvalue of the aggregate debt service of the refunding or repayment bonds,\nnotes or other obligations to be issued shall not exceed the present\nvalue of the aggregate debt service of the bonds, notes or other\nobligations so to be refunded or repaid. For purposes hereof, the\npresent values of the aggregate debt service of the refunding or\nrepayment bonds, notes or other obligations and of the aggregate debt\nservice of the bonds, notes or other obligations so refunded or repaid,\nshall be calculated by utilizing the effective interest rate of the\nrefunding or repayment bonds, notes or other obligations, which shall be\nthat rate arrived at by doubling the semi-annual interest rate\n(compounded semi-annually) necessary to discount the debt service\npayments on the refunding or repayment bonds, notes or other obligations\nfrom the payment dates thereof to the date of issue of the refunding or\nrepayment bonds, notes or other obligations and to the price bid\nincluding estimated accrued interest or proceeds received by the\nauthority including estimated accrued interest from the sale thereof;\nand\n  (b) Bonds issued for such purposes may be issued as a single issue or\nin series from time to time provided that (i) such issue or each such\nseries shall be scheduled to mature over a term of not less than twenty\nand not more than forty years, (ii) with respect to bonds issued prior\nto the date of completion of the convention center, as estimated by the\nauthority, any principal payments or principal installments to be made\nor provided for shall commence not later than two years following the\nestimated date of such completion, (iii) with respect to bonds issued on\nor after the date of completion of the convention center, as certified\nby the authority, any principal payments or principal installments to be\nmade or provided for shall commence not later than one year following\nthe date of issue of such bonds, and (iv) the aggregate amount of\nprincipal and interest or principal installments and interest payable in\neach year during which such principal payments or installments are made\nor provided for shall, (1) with respect to such issue, or (2) with\nrespect to each such series or the aggregate of all such series, as the\nauthority shall elect, be as nearly equal as practicable.\n  3. The authority shall have power to enter into such other agreements\nwith the city, the state, New York state urban development corporation\nand the development corporation to effectuate the provisions of this\narticle, and to perform any act or thing, transfer such rights or\ninterests and execute and deliver such instruments, documents or papers\nas it may deem necessary, convenient or desirable to carry out any of\nthe foregoing. The powers conferred in this section shall be in addition\nto and not in limitation of the other powers conferred in this title.\n
N.Y. RPT Law § 551 — New York Code / Act RPT / Article 5 / Title 3 / Section 551
Entry by assessor of omitted real property on current assessment roll
Status: in_force

§ 551. Entry by assessor of omitted real property on current\nassessment roll. 1. The assessor of any assessing unit, upon his own\nmotion or upon the application of any taxpayer therein, shall enter on\nthe assessment roll of the current year, prior to the tentative\ncompletion thereof, any parcel of real property shown to have been\nomitted from the assessment roll of the preceding year, at the valuation\nof that year, or if not then valued, at such valuation as the assessor\nshall determine for the preceding year. A special franchise assessment\nafter apportionment thereof by the assessor, if necessary, or an\nassessment of state land subject to taxation for the preceding year\nwhich is less than the assessment thereof approved by the commissioner,\nshall be entered at the valuation determined by the commissioner.\n  2. Real property assessed pursuant to this section shall be taxed at\nthe tax rate or tax rates for the preceding year. The amount of tax or\ntaxes levied pursuant to this section shall be deducted from the\naggregate amount of taxes to be levied for the current year.\n
N.Y. ENV Law § 58-0303 — New York Code / Act ENV / Article 58 / Title 3 / Section 58-0303
Programs, plans and projects
Status: in_force

§ 58-0303. Programs, plans and projects.\n  1. Eligible restoration and flood risk reduction projects include, but\nare not limited to costs associated with:\n  a. (1) projects identified in state and regional management and\nrestoration programs and plans including but not limited to the Great\nLakes Action Agenda, Mohawk River Basin Action Agenda, Ocean Action\nPlan, Hudson River Estuary Action Agenda, Long Island Sound\nComprehensive Conservation and Management Plan, South Shore Estuary\nReserve Comprehensive Management Plan, Peconic Estuary Comprehensive\nConservation and Management Plan, Delaware Action Plan, Susquehanna\nAction Plan, forest management framework for New York City and New\nYork/New Jersey Harbor Estuary Plan;\n  (2) local waterfront revitalization plans prepared pursuant to article\nforty-two of the executive law; and\n  (3) coastal rehabilitation and shoreline restoration projects,\nincluding nature-based solutions;\n  b. flood risk reduction projects including but not limited to:\nacquisition of real property; moving, lifting or raising of existing\nflood-prone infrastructure or structures; relocation, repair, or raising\nof flood-prone or repeatedly flooded roadways; and projects to remove,\nalter, or right-size dams, bridges, and culverts, but shall not include\nroutine construction or maintenance undertaken by the state and\nmunicipalities which does not provide flood risk reduction benefits; and\n  c. restoration projects including but not limited to: floodplain,\nwetland and stream restoration projects; forest conservation; endangered\nand threatened species projects; and habitat restoration projects,\nincluding acquisition of fee title and easements, intended to improve\nthe lands and waters of the state of ecological significance or any part\nthereof, including, but not limited to forests, ponds, bogs, wetlands,\nbays, sounds, streams, rivers, or lakes and shorelines thereof, to\nsupport a spawning, nursery, wintering, migratory, nesting, breeding,\nfeeding, or foraging environment for fish and wildlife and other biota.\n  2. The commissioner and the commissioner of the division of housing\nand community renewal are authorized pursuant to paragraph b of\nsubdivision one of this section to purchase private real property\nidentified as at-risk to flooding, from willing sellers. The\ncommissioner of the division of housing and community renewal shall be\nauthorized to transfer to any state agency or public authority any real\nproperty in order to carry out the purposes of this article. In\nconnection therewith, the housing trust fund corporation shall be\nauthorized to create a subsidiary corporation to carry out the program\nauthorized under this subdivision. Such subsidiary corporation shall\nhave all the privileges, immunities, tax exemption and other exemptions\nof the agency to the extent the same are not inconsistent with this\nsection.\n  a. The commissioner and the commissioner of the division of housing\nand community renewal or any other department or state agency that has\nreceived funds suballocated pursuant to this section may enter into\nagreements with municipalities, and not-for-profit corporations for the\npurpose of implementing a program pursuant to this section.\n  b. The department and the division of housing and community renewal\nshall prioritize projects in communities based on past flood risk or\nthose that participate in the federal emergency management agency's\n(FEMA) community rating system.\n  c. Any state agency or authority, municipality, or not-for-profit\ncorporation purchasing private real property may expend costs associated\nwith:\n  (1) the acquisition of real property, based upon the pre-flood fair\nmarket value of the subject property;\n  (2) the demolition and removal of structures and/or infrastructure on\nthe property; and\n  (3) the restoration of natural resources to facilitate beneficial open\nspace, flood mitigation, and/or shoreline stabilization.\n  d. Notwithstanding any provision of law to the contrary, any structure\nwhich is located on real property purchased pursuant to this program\nshall be demolished or removed, provided that it does not serve a use or\npurpose consistent with paragraph f of this subdivision.\n  e. Notwithstanding any provision of law to the contrary, real property\npurchased with funding pursuant to this program shall be property of the\nstate, municipality, or a not-for-profit corporation.\n  f. Notwithstanding any provision of law to the contrary, real property\npurchased with funding pursuant to this program shall be restored and\nmaintained in perpetuity in a manner that, aims to increase ecosystem\nfunction, provide additional flood damage mitigation for surrounding\nproperties, protect wildlife habitat, and wherever practicable and safe,\nallow for passive and/or recreational community use. Municipal flood\nmitigation plans, resilience, waterfront revitalization plans or hazard\nmitigation plans, when applicable, shall be consulted to identify the\nappropriate restoration and end-use of the property.\n  g. All or a portion of the appropriation in this section may be\nprovided to the department or the division of housing and community\nrenewal or suballocated to any other department, state agency or state\nauthority.\n  h. Private real property identified as at-risk to flooding should\ngenerally be limited to those: (1) identified as being within the one\nhundred-year floodplain on the most recent FEMA flood insurance maps;\n(2) flooded structures that would qualify for buyout under criteria\ngenerally applicable to FEMA post-emergency acquisitions; (3) structures\nidentified in a state, federal, local or regional technical study as\nsuitable for the location of a flood risk management or abatement\nproject in areas immediately proximate to inland or coastal waterways;\nor (4) structures located in coastal or riparian areas that have been\ndetermined by a state, federal, local or regional technical study to\nsignificantly exacerbate flooding in other locations.\n  3. The department, the office of parks, recreation, and historic\npreservation and the department of state are authorized to provide state\nassistance payments or grants to municipalities and not-for-profit\ncorporations and undertake projects pursuant to paragraph a of\nsubdivision one of this section.\n  4. The department and the office of parks, recreation, and historic\npreservation are authorized to provide state assistance payments or\ngrants to municipalities and not-for-profit corporations and undertake\nprojects pursuant to paragraph b of subdivision one of this section.\nCulvert and bridge projects shall be in compliance with the department's\nstream crossing guidelines and best management practices, and engineered\nfor structural integrity and appropriate hydraulic capacity including,\nwhere available, projects flows based on flood modeling that\nincorporates climate change projections and shall not include routine\nconstruction or maintenance undertaken by the state or municipalities.\n  5. The department and the office of parks, recreation, and historic\npreservation are authorized to provide state assistance payments or\ngrants to municipalities and not-for-profit corporations and undertake\nprojects pursuant to paragraph c of subdivision one of this section.\n  6. Provided that for the purposes of selecting projects for funding\nunder paragraphs b and c of subdivision one of this section, the\nrelevant agencies shall develop eligibility guidelines and post\ninformation on the department's website in the environmental notice\nbulletin providing for a thirty-day public comment period and upon\nadoption post such eligibility guidelines on the relevant agency's\nwebsite.\n
N.Y. EXC Law § 518 — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 518
Restitution; services for public good
Status: in_force

§ 518. Restitution; services for public good. The division shall\ndevelop and operate programs for youths placed or referred to the\ndivision or in conjunction with an order provided in section 353.6 of\nthe family court act. The division shall promulgate regulations as\nrequired in such section.\n
N.Y. VAT Law § 366 — New York Code / Act VAT / Title 3 / Article 7 / Section 366
Past application of article
Status: in_force

§ 366. Past application of article. This article, except section three\nhundred thirty-nine thereof, shall not apply to any judgment in a civil\naction or cause of action arising out of an accident occurring prior to\nthe effective date of this article.\n
N.Y. VAT Law § 308 — New York Code / Act VAT / Title 3 / Article 5 / Section 308
Definitions
Status: in_force

§ 308. Definitions. As used in this article the term "motor vehicle"\nshall include trailers and all vehicles included in the definition of\nthe term "motor vehicle" contained in section one hundred twenty-five of\nthis chapter except the following:\n  1. Road rollers, tractor cranes, truck cranes, power shovels, road\nbuilding machines, snow plows, road sweepers, sand spreaders, well\ndrillers, well servicing rigs, feed processing machines, mobile car\ncrushers, earth movers, trucks with small wheels used in a factory,\nwarehouse or railroad station, agricultural spreaders and sprayers, or a\ntractor-trailer combination designed and used exclusively for the same\npurpose as a vehicle specifically included in the foregoing, or\n  2. Vehicles inspected by or operating under a certificate of\ninspection authorized by the commissioner of transportation or the\ninterstate commerce commission, or of a municipally owned and operated\ntransit system, or\n  3. Farm vehicles registered under subdivision thirteen of section four\nhundred one of this chapter, self-propelled combines, self-propelled\ncorn and hay harvesting machines and tractors used exclusively for\nagricultural purposes, or\n  4. Vehicles subject to inspection and licensing by local authorities\nprovided such inspection by such local authorities conforms with the\nstandards established by the commissioner under this article, or\n  5. Fire vehicles, except ambulances; or\n  6. Police vehicles for which the department operating such vehicles\nhas submitted a plan approved by the commissioner, who shall establish\nthe standards therefor, for periodic inspection thereof. Such plans\nshall be submitted to the commissioner by September thirtieth of each\nyear. In determining the acceptability of such inspection plans and in\nestablishing standards therefor, the commissioner shall require that\nsuch periodic inspections shall be substantially equivalent to\ninspections required for other motor vehicles under this article and\nshall be made with respect to such mechanisms and equipment as shall be\ndetermined by the commissioner to be necessary for the proper and safe\noperation of such vehicles.\n
N.Y. ENV Law § 19-0317 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0317
Air program evaluation
Status: in_force

§ 19-0317. Air program evaluation.\n  Within eighteen months after the effective date of this section, and\nbiennially thereafter, the department shall, in coordination with the\ndepartment of economic development, prepare and submit to the governor\nand the legislature a report evaluating the programs proposed or adopted\nto implement the Act. The evaluation shall include:\n  1. an identification of the specific measures taken to implement the\nAct, and progress made toward meeting emission reductions required by\nthe Act;\n  2. recommendations on any additional measures which must be taken if\nthe state is not meeting emission reductions required by the Act;\n  3. an evaluation of the resources available to implement the programs\nrequired by the Act and whether those resources are sufficient;\n  4. an analysis of the costs of measures taken to implement the Act,\nincluding costs imposed directly and indirectly on mobile sources,\nstationary sources, consumers and businesses. The analysis shall also\nidentify the benefits of compliance with the Act;\n  5. an analysis of the adequacy of measures taken to assist small\nbusiness stationary sources in complying with the Act;\n  6. an identification and status of any non-compliance notifications\nreceived from the United States environmental protection agency;\n  7. a summary of any significant new regulations or guidance prepared\nby the United States environmental protection agency; and\n  8. an identification of any regulation or guidance expected from the\nUnited States environmental protection agency necessary for the state to\nimplement provisions of the Act, and the effect of any past due rule or\nguidance on the state's compliance efforts.\n
N.Y. SOS Law § 66 — New York Code / Act SOS / Article 3 / Title 3 / Section 66
County appointments and bonds
Status: in_force

§ 66.  County appointments and bonds.  1.  The legislative body of the\ncounty may authorize the appointment of any number of deputy\ncommissioners of social services, physicians to care for sick persons in\ntheir homes, other assistants and employees, including attorneys to\nperform duties it considers necessary to carry out the provisions of\nthis chapter.  However, such legislative body may also authorize that\nsuch attorneys, in addition to performing the duties assigned to them by\nthe county commissioner, may be deputized by the county attorney to\nperform duties on his behalf in connection with the work of the social\nservices department.\n  2.  The county commissioner shall appoint deputy commissioners,\nphysicians, assistants and employees so authorized and direct their\nwork.\n  3.  Each county commissioner and deputy commissioner shall be required\nto give bond before entering upon his duties.  The board of supervisors\nshall fix the amount of such bond and may require and fix the amount of\nbond to be given by any other assistant or employee whose appointment is\nauthorized.  The expense of any bond required in connection with the\nwork of a county public welfare official or employee shall be paid from\ncounty public welfare funds.\n  4.  In accordance with federal and state regulations each county\nsocial services commissioner shall appoint a citizens advisory committee\nor committees to exercise and perform such functions, powers, and duties\nas the regulations of the department may require.\n
N.Y. PBA Law § 1380 — New York Code / Act PBA / Article 6 / Title 3 / Section 1380
Orders, service thereof, and penalties
Status: in_force

§ 1380. Orders, service thereof, and penalties. The authority may\nmake, and cause to be served upon any corporation or individual, within\nthe port district, excepting the city, any reasonable order which it may\ndetermine to be necessary for the proper development, maintenance and\nuse of the port, relating to the construction, equipment, repair,\nmaintenance, use and rental of any dock, wharf, slip, terminal or\nwarehouse owned or leased by any such corporation or individual within\nthe district. There shall be served with a copy of the order a notice\nspecifying a day, not less than ten days after such service, when such\ncorporation or individual may appear before the authority, present\nwritten objections to the making of the order and be heard on such\nobjections. If no such objections are filed within the time stated, or\nif the order be sustained as the result of such hearing, either on its\noriginal or modified form, such order shall be final, subject only to\nreview by a court of competent jurisdiction. When an order of the\nauthority shall become final, including termination of any court\nproceeding sustaining the order, or of the time for beginning such a\nproceeding if none be brought, if the corporation or individual shall\nfail to obey it, or if any corporation or individual shall violate a\nlawful rule of the authority, the authority may commence and maintain an\naction or proceeding in an appropriate court having jurisdiction, for\nthe purpose of having such disobedience to an order or violation of a\nrule prevented or obedience enforced, either by mandamus or injunction.\n
N.Y. PBA Law § 1059 — New York Code / Act PBA / Article 5 / Title 3 / Section 1059
Transfer of officers and employees
Status: in_force

§ 1059. Transfer of officers and employees. Any public officer or\nemployee under civil service, selected by the authority may, with the\nconsent of the commission, board or department by which he or she has\nbeen employed, be transferred to the authority and shall be eligible for\nsuch transfer and appointment without examination to comparable offices,\npositions and employment under the authority. The salary or compensation\nof any such officer or employee shall after such transfer be paid by the\nauthority. But notwithstanding the provisions of this act, any such\nofficers or employees so transferred to the authority, pursuant to the\nprovisions of this section, who are members of or beneficiaries under\nany existing pension or retirement system, shall continue to have all\nrights, privileges, obligations and status with respect to such fund,\nsystem or systems as are now prescribed by law, but during the period of\ntheir employment by the authority, all contributions to any pension or\nretirement fund or system to be paid by the employer on account of such\nofficers or employees, shall be paid by the authority; and all such\nofficers and employees who have been appointed to positions under the\nrules and classifications of the personnel officer of the county of Erie\nshall have the same status with respect thereto after transfer to the\nauthority as they had under their original appointments. It is hereby\ndeclared that in the interest of efficiency and insofar as may be\npracticable, all employees engaged in the operation of any property or\nproperties, except in an executive capacity, at the time such property\nor properties shall have been acquired by the authority, pursuant to the\nprovisions of this act, shall become the employees of the authority. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law\n(constituting chapter seven of the consolidated laws) and such rules as\nthe personnel officer of the county of Erie may adopt and make\napplicable to such authority.\n
N.Y. ENV Law § 3-0311 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0311
Municipal notification of environmental violations
Status: in_force

* § 3-0311. Municipal notification of environmental violations.\n  Notwithstanding any other provision of law and except when any\ncriminal investigation is pending, the commissioner shall notify the\nchief executive officer of the municipality together with the chief\nexecutive officer of the county where any violations of article 17, 19,\n24, 25 or 27 of this chapter are found to exist within the boundaries of\nsuch municipalities including, but not limited to, any municipal\nlandfill or municipal solid waste disposal or recovery facility within\nseventy-two hours of determining that sufficient evidence exists to\ncommence an enforcement action.\n  * NB There are 2 § 3-0311's\n
N.Y. PBH Law § 4138 — New York Code / Act PBH / Article 41 / Title 3 / Section 4138
Birth certificate; new certificate in case of subsequent marriage of unwed parents; adoption; adjudication of parentage; change of name o...
Status: in_force

§ 4138. Birth certificate; new certificate in case of subsequent\nmarriage of unwed parents; adoption; adjudication of parentage; change\nof name of registrant or parent; gender transition of registrant or\nparent. 1. A new certificate of birth shall be made whenever:\n  (a) proof is submitted to the commissioner that the previously unwed\nparents of a person have intermarried subsequent to the birth of such\nperson; or,\n  (b) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk of a court of competent jurisdiction\nor the parents, or their attorneys, or the person himself, of a\njudgment, order or decree relating to the parentage; or,\n  (c) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk as aforesaid of a judgment, order or\ndecree relating to the adoption of such person. Such judgment, order or\ndecree shall also be sufficient authority to make a new birth\ncertificate with conforming change in the name of such person on the\nbirth certificate of any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n  (d) proper proof is submitted to the commissioner by the parents, or\ntheir attorneys, or the person himself or his attorney, of a judgment,\norder or decree relating to a change of name granted by a court of\ncompetent jurisdiction. Such judgment, order or decree shall also be\nsufficient authority to make a new birth certificate with conforming\nchange in surname for any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n  (e) the certificate of birth of a child born out of wedlock as defined\nin paragraph (b) of subdivision one of section four thousand one hundred\nthirty-five of this article has been filed without entry of the name of\nthe signatory other than the person who gave birth and the commissioner\nthereafter receives the acknowledgment of parentage pursuant to section\none hundred eleven-k of the social services law or section four thousand\none hundred thirty-five-b of this article executed by the person who\ngave birth and the other signatory which authorizes the entry of the\nname of such other signatory, and which may also authorize a conforming\nchange in the surname of the child; or\n  (f) any person born in New York state who submits an application to\nchange the gender on the birth certificate and an affidavit attesting\nunder penalty of perjury that the request for a change of gender to\n(female, male, or X) is to conform the person's documents and records to\nthe person's gender identity and is not made for any fraudulent purpose.\nA sex designation of X shall not be a required sex designation of any\nindividual. Upon receipt of the documentation, the commissioner shall\nestablish a new birth certificate reflecting the gender stated in the\napplication and any change in name, if accompanied by a court order for\na change of name. If such application is made on behalf of a person\nyounger than seventeen, such affidavit shall be signed by the person's\nparent, legal guardian, mental health or medical provider, or social\nservices provider.\n  2. (a) On every new certificate of birth made pursuant to this\nsection, a notation that it is filed pursuant to section four thousand\none hundred thirty-eight of the public health law shall be entered\nthereon.  Notwithstanding other provisions of this article, when a child\nis adopted by an unmarried man or woman, the new certificate shall, if\nthe adopting parent so requests, reflect the fact that it is a single\nparent adoption.\n  (b) Notwithstanding other provisions of this article, when a petition\nfor adoption by two persons has been duly filed, and one of the\npetitioners dies before the adoption is complete, such deceased\npetitioner's name shall be included on the new certificate as a parent,\nif such adoption is completed, unless otherwise requested by the other\npetitioner.\n  (c) If the original certificate of birth contains fictitious names of\neither or both parents, a new certificate shall not be prepared until\nnotification is received by, or proper proof is submitted to, the\ncommissioner by the clerk of a court of competent jurisdiction or the\nparents or their attorney, or the person himself, or his attorney, of a\njudgment, order or decree relating to parentage.\n  3. (a) When a new certificate of birth is made the commissioner shall\nsubstitute such new certificate for the certificate of birth then on\nfile, if any, and shall send the registrar of the district in which the\nbirth occurred a copy of the new certificate of birth. The registrar\nshall make a copy of the new certificate for the local record and hold\nthe contents of the original local record confidential along with all\npapers and copies pertaining thereto. It shall not be released or\notherwise divulged except by order of a court of competent jurisdiction\nor pursuant to section four thousand one hundred thirty-eight-e of this\ntitle.\n  (b) Thereafter, when a verified transcript or certification of birth\nof such person is issued by the registrar, it shall be based upon the\nnew certificate, except when an order of a court of competent\njurisdiction shall require the issuance of a verified transcript or\ncertification based upon the original local record of birth or\napplication is made pursuant to section four thousand one hundred\nthirty-eight-e of this title.\n  4. The commissioner may make a microfilm or other suitable copy of the\noriginal certificate of birth and all papers pertaining to the new\ncertificate of birth. In such event, the original certificate and papers\nmay be destroyed. All undestroyed certificates and papers and copies\nthereof shall be confidential and the contents thereof shall not be\nreleased or otherwise divulged except by order of a court of competent\njurisdiction or pursuant to section forty-one hundred thirty-eight-c,\nforty-one hundred thirty-eight-d or forty-one hundred thirty-eight-e of\nthis title.\n  5. Thereafter, when a certified copy or certified transcript of the\ncertificate of birth of such a person, or a certification of birth for\nsuch person is issued, it shall be based upon the new certificate of\nbirth, except when an order of a court of competent jurisdiction shall\nrequire the issuance of a copy of the original certificate of birth or\napplication is made pursuant to section four thousand one hundred\nthirty-eight-e of this title.\n  6. When the commissioner shall receive proper proof or notification\npursuant to paragraphs (a), (b), or (c) of subdivision one of this\nsection relating to a person born outside this state, such proof or\nnotification shall be forwarded to the appropriate registration\nauthority for the place of birth.\n  7. Whenever the commissioner makes a new birth certificate for any\nperson pursuant to the provisions of subdivision one of this section, he\nshall forward to such person, if eighteen years of age or more, or to\nthe parents of such person, a certified copy, a certified transcript or\na certification of birth, whichever he deems appropriate under the\ncircumstances, without making any charge therefor.\n  8. An adopted person eighteen years of age or older, or the birth\nparent or parents, may submit to the registrar a notice of change of\nname and/or address and such information shall be attached to the\noriginal birth certificate of the adopted person.\n
N.Y. ENV Law § 13-0340 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340
Bluefish (Pomatomus saltatrix)
Status: in_force

§ 13-0340. Bluefish (Pomatomus saltatrix).\n  The department may, until December thirty-first, two thousand\ntwenty-eight, fix by regulation measures for the management of bluefish\n(Pomatomus saltatrix), including size limits, catch and possession\nlimits, open and closed seasons, closed areas, restrictions on the\nmanner of taking and landing, requirements for permits and eligibility\ntherefor, recordkeeping requirements, requirements on the amount and\ntype of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic 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. PBA Law § 3034 — New York Code / Act PBA / Article 10 / Title 3 / Section 3034
Administration of the corporation
Status: in_force

* § 3034. Administration of the corporation. 1. The corporation shall\nbe administered by a board of directors, consisting of nine directors,\nnone of whom shall be officers or employees of the federal government or\nof the state or political subdivisions thereof. All of the directors\nshall be appointed by the governor with the advice and consent of the\nsenate, provided that four of such directors shall be appointed upon\nwritten recommendation of the mayor. Of the directors initially\nappointed upon the written recommendation of the mayor, one shall serve\nfor a term ending December thirty-first, nineteen hundred seventy-six;\none shall serve for a term ending December thirty-first, nineteen\nhundred seventy-seven; one shall serve for a term ending December\nthirty-first, nineteen hundred seventy-eight; and one shall serve for a\nterm ending December thirty-first, nineteen hundred seventy-nine. Of the\nremaining directors initially appointed by the governor, one shall serve\nfor a term ending December thirty-first, nineteen hundred seventy-six;\none shall serve for a term ending December thirty-first, nineteen\nhundred seventy-seven; one shall serve for a term ending December\nthirty-first, nineteen hundred seventy-eight; and two shall serve for a\nterm ending December thirty-first, nineteen hundred seventy-nine. Each\ndirector shall hold office until his successor has been appointed and\nqualified.  Thereafter each director appointed by the governor shall\nserve a term of four years, except that any director appointed to fill a\nvacancy shall serve only until the expiration of his predecessor's term.\n  2. The speaker and the minority leader of the assembly, the president\npro-tem and the minority leader of the senate, the city board of\nestimate acting by majority vote, and the vice-chairman of the city\ncouncil, shall each be entitled to appoint a representative to the board\nof directors. Each such representative shall be entitled to receive\nnotice of and to attend all meetings of the board of directors but shall\nnot be entitled to vote. No representative shall be an employee or\nofficer of the federal, state or city governments. Each representative\nshall serve at the pleasure of the appointing official or body, shall be\neligible for reappointment, and shall hold office until his successor\nhas been appointed.\n  3. The corporation shall have the power to make and execute contracts\nto pay the expenses of operation of the emergency financial control\nboard for the city of New York, within the appropriation available\ntherefor and including the repayment to the state of any advance to such\nboard under any agreement between the board and the director of the\nbudget, out of any revenues available to the corporation and not\notherwise pledged except the proceeds of its notes and bonds.\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 § 1377 — New York Code / Act PBA / Article 6 / Title 3 / Section 1377
Ogdensburg and Waddington port districts
Status: in_force

§ 1377. Ogdensburg and Waddington port districts. There are hereby\ncreated and established two districts: the Ogdensburg port district and\nthe Waddington port district. The Ogdensburg port district shall embrace\nthe city of Ogdensburg and the town of Lisbon and the town of\nOswegatchie; a strip of land five hundred feet in width in the towns of\nMadrid and Potsdam, in the county of St. Lawrence, being two hundred\nfifty feet on each side of the center line of that portion of the\nRutland railway corporation right-of-way line extending from the city of\nOgdensburg to the village of Norwood, town of Potsdam, which portion\ncommences at the bounds of the said two-mile area and terminates at\nRutland railway corporation chaining station 1325+48 and a further strip\nof land five hundred feet in width in the towns of Canton and DeKalb in\nthe county of St. Lawrence, being two hundred fifty feet on each side of\nthe center line of that portion of the Penn Central transportation\ncompany right-of-way extending from the city of Ogdensburg to the town\nof DeKalb which portion commences at the bounds of the said two mile\narea and terminates at Penn Central transportation company chaining\nstation 0+0 (mile post 0.0) and all lands and water under and in the St.\nLawrence river lying or situated within the boundaries of the city of\nOgdensburg subject to the right, title, interest and control of the\nstate under the constitution or any law of the state of New York and\nsubject to the right, title, interest and control of the United States\nunder any law of the United States of America. The Waddington port\ndistrict should embrace the village of Waddington, and all lands and\nwater under and in the St. Lawrence river and Little river bounded on\nthe east by the northerly extension of the village of Waddington\neasterly bounds, on the west by the northerly extension of the village\nof Waddington westerly bounds and on the north by the international\nboundary line between Canada and the United States excluding therefrom\nOgden island and all lands and water under and in the St. Lawrence river\nlying to the north of Ogden island; and a strip of land five hundred\nfeet in width in the towns of Waddington, Madrid, Louisville and Norfolk\nbeing two hundred and fifty feet on each side of the center line of the\nNorwood and St. Lawrence railroad company extending from the village of\nWaddington, to and including the village of Norwood and an industrial\nsite of approximately 40 acres adjacent to Norwood and St. Lawrence\nrailroad company mile post number two, subject to the right, title,\ninterest and control of the state under the constitution or any law of\nthe state of New York and subject to the right, title, interest and\ncontrol of the United States under any law of the United States of\nAmerica.\n
N.Y. ENV Law § 49-0303 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0303
Definitions
Status: in_force

§ 49-0303. Definitions.\n  When used in this title:\n  1. "Conservation easement" means an easement, covenant, restriction or\nother interest in real property, created under and subject to the\nprovisions of this title which limits or restricts development,\nmanagement or use of such real property for the purpose of preserving or\nmaintaining the scenic, open, historic, archaeological, architectural,\nor natural condition, character, significance or amenities of the real\nproperty in a manner consistent with the public policy and purpose set\nforth in section 49-0301 of this title, provided that no such easement\nshall be acquired or held by the state which is subject to the\nprovisions of article fourteen of the constitution.\n  2. "Not-for-profit conservation organization" means a not-for-profit\ncorporation organized inter alia for the conservation or preservation of\nreal property and which has the power to acquire interests in real\nproperty. Such organization must have qualified as exempt for federal\ntax purposes pursuant to Section 501 (c)(3) of the internal revenue code\nor any similar successor statutory provision.\n  3. "Public body" means the state or a municipal corporation as that\nterm is defined in section two of the general municipal law or the\nUnited States of America acting by and through the department of the\ninterior. Such term shall further include the Palisades interstate park\ncommission; the Central Pine Barrens joint planning and policy\ncommission; and a soil and water conservation district as that term is\ndefined in section three of the soil and water conservation districts\nlaw.\n  4. "Third party enforcement right" means a right which may be granted\nin a conservation easement which empowers a public body or a\nnot-for-profit conservation organization which is not a holder of the\neasement to enforce any of the terms of the easement.\n
N.Y. RPT Law § 931 — New York Code / Act RPT / Article 9 / Title 3 / Section 931
Payment of taxes to county treasurer by certain utility corporations with respect to single payments for multiple parcels
Status: in_force

§ 931. Payment of taxes to county treasurer by certain utility\ncorporations with respect to single payments for multiple parcels. The\ncounty treasurer or the collecting officer may receive a single payment\nfrom any railroad, telegraph, telephone, electric, gas, water or\npipeline corporation or person assessed for oil and gas rights to\nsatisfy the tax owed for more than one parcel provided that the payment\nis accompanied by a detailed list of the specific parcels to which the\npayment is to be applied. Such list shall include the tax identification\nnumber and the amount of payment submitted for each parcel. In the event\nthat the total payment submitted does not equal the total amount of\ntaxes due on all the parcels listed, the county treasurer or collecting\nofficer may accept the payment and record as paid the taxes due on each\nparcel which can be paid in full in the order set forth on the list of\nparcels. In the event that the county treasurer or collecting officer\naccepts the payment for an amount which does not equal the total amount\nof taxes due on all the parcels listed, the county treasurer or the\ncollecting officer shall give prompt notice of any deficiencies. Such\nnotice shall include a list of the parcels for which the submitted\npayment was insufficient to meet the amount of taxes due, and the amount\nstill owing. In the event the payment is in excess of the amount due,\nthe county treasurer or collecting officer shall promptly cause a refund\nof the excess amount to be paid.\n
N.Y. RPT Law § 358 — New York Code / Act RPT / Article 3 / Title 3 / Section 358
Failure to obtain or maintain certification
Status: in_force

§ 358. Failure to obtain or maintain certification. 1. The\ncommissioner shall conduct a hearing upon notice to the chief assessor\nand the clerk of the city for which the assessor serves, such hearing to\nbe conducted within the city where the assessing unit is located no\nlater than thirty days after delivery of such notice, where it appears\nthat an assessor has failed:\n  (a) within the applicable period to file, with the clerk of the city\nfor which the assessor serves, a certificate of the commissioner stating\nthat he or she has fulfilled the requirements of section three hundred\nfifty-four of this title; or\n  (b) to file, with the clerk of the local government for which the\nassessor serves, a temporary certificate as provided in subdivision\nthree of this section.\n  2. If, after such hearing, the commissioner finds that an assessor has\nfailed to comply with any applicable requirements as stated in\nsubdivision one of this section, the appointment of that assessor shall\nbe revoked.\n  3. In the event that an assessor shall have been unable to enroll in\nor complete any course of continuing training and education for reasons\nbeyond his or her control and, as a result thereof, is not certified,\nthe commissioner may issue a temporary certificate which will enable the\nassessor to continue in office pending completion of such course at the\nearliest date when such course is next available as specified by the\ncommissioner. Such temporary certificate shall be filed with the clerk\nof the city for which the assessor serves and shall permit the assessor\nto continue in office for the period set forth therein. Upon the\nexpiration of such temporary certificate and after a hearing as\nhereinabove provided, the appointment of an assessor shall be revoked in\nthe case of an assessor unless the assessor has filed a certificate as\nhereinabove provided.\n  4. In any hearing conducted pursuant to this section, a statement\nsigned by the commissioner stating that he or she has made a diligent\nsearch of the records of the department and has found no record, entry,\nor filing of a specified nature, shall be prima facie evidence that the\nrecords of the department contain no such record, entry, or filing.\n
N.Y. ENV Law § 11-0321 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0321
"Restricted areas"; additional enforcement on private premises
Status: in_force

§ 11-0321. "Restricted areas"; additional enforcement on private\n             premises.\n  1. Without limitation of the purpose and policy described in section\n11-0303, or of the powers conferred in other sections, the department is\nauthorized:\n  a. to adopt by regulation, classifications of "restricted areas" lying\nwithin the boundaries of premises, or of two or more sets of contiguous\npremises, privately owned and with respect to which a cooperation\nagreement pursuant to section 11-0501 is in force, or owned by the state\nor a political subdivision or public corporation thereof, in which\nhunting, fishing or trapping, or any of them, shall be, as provided by\nsuch regulation with respect to the classification in question,\nprohibited, or shall be restricted or regulated as to the manner, time\nor conditions applicable to the exercise in such "restricted areas" of\nthe privilege of entry upon such premises for purposes of hunting,\nfishing or trapping;\n  b. to adopt regulations with respect to the manner in which, and the\nconditions upon which, such "restricted areas" shall be recognized,\nincluding obligations to be undertaken by the owner or lessee of the\npremises for the furtherance of sound management practices and public\naccess for hunting, fishing or trapping, to premises outside the\n"restricted area", identification and notice to the public of the\nboundaries of the "restricted area", and the manner in which, and the\ngrounds upon which, the recognition of a "restricted area" may be\nrevoked or its classification changed;\n  c. to adopt regulations with respect to prohibitions applicable to\neach classification of a "restricted area";\n  2. Such restricted areas may be established pursuant to this section\nand regulations may be made with respect to the use of such areas for\none or more of the following purposes:\n  a. providing safety zones in and around buildings;\n  b. providing safety zones deemed necessary for temporary periods of\ntime for the protection of life or property during farm and woodlot\noperations;\n  c. protecting agricultural or forest crops from trampling or other\ndamage during critical growth periods;\n  d. development or carrying out of a program of research in game\nmanagement in connection with which the department deems it desirable to\ncontrol the hunting, fishing or trapping pressures or to put into effect\nspecial regulations authorized by section 11-0311 or by any other\nprovision of the Fish and Wildlife Law;\n  e. protecting the water supply or otherwise providing for the\nprotection of the health of the people of the state;\n  f. such other purposes relating to farm operation, woodlot\ndevelopment, fish and wildlife habitat improvement or public health and\nsafety which in the opinion of the department require special\nrestrictions on the use of particular premises.\n  3. No person shall charge or collect a fee or rental for the privilege\nof hunting, fishing or trapping in a restricted area established under\nthe authority of this section.\n  4. a. Notwithstanding the provisions of section 11-2111, a restricted\narea shall be deemed to be in existence and subject to the regulations\nestablished pursuant to this section with respect to restricted areas of\nthe classification to which it is assigned, when signs identifying its\nexistence shall have been erected on the premises in such manner as may\nbe required by the regulations of the department applicable thereto,\nmade as prescribed in paragraph b of subdivision 1 of this section.\n  b. No person shall enter or remain unlawfully or engage in any\nactivity upon land which has been posted pursuant to such regulations in\nviolation of the terms of such posted signs.\n  c. No unauthorized person shall injure, conceal, deface or remove a\nsign erected and maintained in accordance with such regulations.\n  d. The requirements of posting provided in section 11-2111 shall not\nbe applicable to the erection of signs identifying a restricted area.\n  e. Restricted areas may be established notwithstanding that the lands\nor waters or part of them, included within said restricted area may have\nbeen stocked with fish and game by the state.\n  f. The existence of the restricted area shall terminate in such manner\nas may be provided by regulations of the department.\n  5. The department is further authorized, at the discretion of the\ncommissioner, to exercise all of the powers and authority set forth in\nthis section, in relation to premises with respect to which agreements\nare in effect between the owner of such premises and the Agricultural\nStabilization and Conservation Service of the United States Department\nof Agriculture and such agreements provide for such regulations, whether\nor not such premises are the subject of an agreement pursuant to section\n11-0501. Payments to such landowners by the United States Department of\nAgriculture under such agreements shall not constitute a fee or rental\nwithin the meaning of subdivision 3 of this section.\n
N.Y. PBH Law § 3324 — New York Code / Act PBH / Article 33 / Title 3 / Section 3324
Licenses to engage in research, instructional activities, and chemical analysis relating to controlled substances
Status: in_force

§ 3324. Licenses to engage in research, instructional activities, and\nchemical analysis relating to controlled substances.  1. No person\nwithin this state shall manufacture, obtain, possess, administer or\ndispense a controlled substance for purposes of scientific research,\ninstruction or chemical analysis without having first obtained a license\nto do so from the department.\n  2. A license issued under this title shall be valid for two years from\nthe date of issue.\n  3. The fee for a license under this title shall be forty dollars.\n  4. Licenses issued under this title shall be effective only for and\nshall specify:\n  (a) the name and address of the licensee;\n  (b) the nature of the project or projects permitted by the license;\n  (c) the nature of the controlled substance or substances to be used in\nthe project, by name if in schedule I, and by name or schedule or both\nif in any other schedule;\n  (d) whether dispensing to human subjects is permitted by the license.\n  5. Upon application of a person licensed pursuant to this title, a\nlicense may be amended to add a further activity or to add further\nsubstances or schedules to the project permitted thereunder. The fee for\nsuch amendment shall be twenty dollars.\n
N.Y. ENV Law § 13-0325 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0325
Clams; prohibited acts
Status: in_force

§ 13-0325. Clams; prohibited acts.\n  1. Except for transplanting as provided in section 13-0321, no person\nshall take, harvest, possess, sell, offer for sale or otherwise\ntrafficked in hard clams (Mercenaria mercenaria) measuring less than one\ninch in thickness.\n  2. Hard clams less than one inch in thickness may be taken by\nshellfish growers from leased or privately owned lands other than town\nlands currently under cultivation by the grower for transplanting to\nother such lands being cultivated by the same grower, and imported from\nanother state by a shellfish grower for transplanting to public or\nprivate or leased lands under cultivation, provided a permit for each\nseparate transplanting operation is issued by the department subject to\nprovisions of sections 13-0319 and 13-0321. The permit, providing for\ntransplanting hard clams less than one inch in thickness, shall be\nissued without fee. Such clams shall not be transported to a point\nwithout the state.\n  3. Soft or steamer clams (Mya arenaria) less than one and one-half\ninches in the longest diameter shall not be taken, possessed, bought,\nsold or otherwise trafficked in.\n  4. a. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula\npolynyma) less than three inches in the longest diameter shall not be\ntaken, possessed, bought, sold, or otherwise trafficked in except that\nsuch clams less than four inches in the longest diameter shall not be\ntaken from the waters of the Atlantic Ocean for use as food.\n  b. All surf, sea, hen or skimmer clams and ocean quahogs taken from\nthe waters of the marine and coastal district shall be landed in the\nstate of New York.\n  c. Boats of nonresidents may be licensed to take surf, sea, hen or\nskimmer clams and ocean quahogs from the waters of the Atlantic Ocean\nwithin the marine and coastal district in accordance with paragraph c of\nsubdivision three of section 13-0309 hereof, provided that the boat is\nregistered in a state which accords reciprocal clamming privileges to\nresidents of this state and provided that the owner is a citizen of the\nUnited States and a resident of a state according reciprocal privileges\nto residents of this state. The license shall be issued in the name of\nthe boat and shall be on board during all licensed operations. The fee\nfor said license shall be five hundred dollars per boat. Each license\nshall expire on the thirty-first day of December next succeeding its\nissue, and if it appears in the public interest the department may\nsuspend or cancel such license on ten days notice in writing to the\nholder thereof, except that in case of a taking from an uncertified\narea, such suspension or cancellation may be without prior notice.\n  d. Any individual, while participating in the operation of a licensed\nboat, shall be exempt from the requirements of section 13-0311 but shall\nnot ship or sell shellfish taken by such boat without first obtaining a\nshellfish shipper's permit as provided for in section 13-0315.\n  5. Clams shall be culled when taken in accordance with rules and\nregulations promulgated by the commissioner. Clams which may not be\ntaken, possessed, offered for sale, sold or otherwise trafficked in\npursuant to the provisions of subdivision 1, 3 or 4 of this section may\ncompose not to exceed three per centum of any bushel, package or\ncontainer, when unavoidably taken. Such three per centum shall be\ndetermined by the measurement of any bushel, or other package or\ncontainer of different measurement of clams taken from the catch or in\nthe possession of the person offering the same for sale.\n  6. Each bushel, or other package or container of different measurement\ncontaining an excess of three per centum of clams which may not be\ntaken, possessed, offered for sale, sold or otherwise trafficked in\npursuant to the provisions of subdivision 1, 3 or 4 of this section\ndetermined by count shall constitute a separate violation.\n  7. It shall be unlawful to knowingly:\n  a. Transport, conceal or convey hard shell clams obtained or possessed\nin contravention of the provisions of this chapter in, upon or by means\nof any vehicle, vessel or aircraft; or\n  b. Conceal or possess hard shell clams obtained or possessed in\ncontravention of the provisions of this chapter in or upon any vehicle,\nvessel or aircraft.\n  8. The department may, until December thirty-first, two thousand\ntwenty-eight, adopt by regulation measures for the management of hard\nclams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and\nrazor clams (Ensis sp.), including size limits, catch and possession\nlimits, open and closed seasons, closed areas, restrictions on the\nmanner of taking and landing, requirements for permits and eligibility\ntherefor, recordkeeping and identification requirements, requirements on\nthe amount and type of fishing effort and gear, and requirements\nrelating to transportation, possession and sale, provided that such\nregulations are no less restrictive than requirements set forth in this\nchapter.\n
N.Y. DOM Law § 77-J — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-J
Warrant to take physical custody of child
Status: in_force

§ 77-j. Warrant to take physical custody of child. 1. Upon the filing\nof a petition seeking enforcement of a child custody determination, the\npetitioner may file a verified application for the issuance of a warrant\nto take physical custody of the child if the child is at imminent risk\nof suffering serious physical harm or of removal from this state.\n  2. If the court, upon the testimony of the petitioner or other\nwitness, finds that the child is likely to suffer imminent serious\nphysical harm or to be removed from this state, it may issue a warrant\nto take physical custody of the child. Except in extraordinary\ncircumstances, the petition must be heard on the next court day after\nthe warrant is executed. Any adjournment for extraordinary circumstances\nshall be for not more than three court days. The application for the\nwarrant must include the statements required by subdivision two of\nsection seventy-seven-g of this title.\n  3. A warrant to take physical custody of a child must:\n  (a) recite the facts upon which a conclusion of imminent serious\nphysical harm or removal from the jurisdiction is based;\n  (b) direct law enforcement officers to take physical custody of the\nchild immediately and deliver the child to the petitioner or, where\nnecessary, to act jointly with the local child protective service to\ntake immediate steps to protect the child; and\n  (c) provide for the placement of the child pending final relief.\n  4. The respondent must be served with the petition, warrant, and order\nimmediately after the child is taken into physical custody.\n  5. A warrant to take physical custody of a child is enforceable\nthroughout this state. If the court finds on the basis of the testimony\nof the petitioner or other witness that a less intrusive remedy is not\neffective, it may authorize law enforcement officers to enter private\nproperty in order to execute the warrant and take physical custody of\nthe child. If required by exigent circumstances of the case and\nnecessary to the protection of the child, the court may authorize law\nenforcement officers to make a forcible entry at any hour.\n  6. The court may impose conditions upon placement of a child to ensure\nthe appearance of the child and the child's custodian.\n
N.Y. EXC Law § 527-A — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-A
Definitions
Status: in_force

§ 527-a. Definitions. 1. For purposes of this title, the following\nterms shall have the following meanings:\n  (a) "Youth center" means any area, building, structure or facility\nowned or operated by a not-for-profit corporation or by or for a\nmunicipality for use by the youth of the community which promotes the\nhealth, safety or general welfare of the youth community and which\nadvances the physical, mental and social well-being of such youth\ncommunity, including all necessary and attendant and related facilities\nand equipment.\n  (b) "Facility rehabilitation grants" or "rehabilitation grants" means\nan award to a not-for-profit corporation or a municipality for the\npurpose of renovation, rehabilitation, repair, remodeling, or\nimprovement of areas, buildings, structures or facilities intended for\nuse as a youth center.\n  (c) "New facility project grant" means an award to a municipality or a\nmunicipality acting jointly with a not-for-profit corporation for the\npurpose of construction, demolition, or acquisition of areas, buildings,\nstructures, or facilities intended to be owned by a municipality for use\nas a youth center.\n  (d) "Project costs" means the reasonable and necessary costs for\nplanning, demolition, acquisition of land or buildings and construction\nof new buildings or the reconstruction, rehabilitation, repair or\nremodeling of existing buildings to be used as a youth center. Such\ncosts shall also include all or any portion of the cost necessary for\nthe creation of a reserve fund required pursuant to section five hundred\ntwenty-seven-h of this title.\n  (e) "New facility operation agreements" or "operation agreements"\nmeans the award of a contract to which the state and a not-for-profit\ncorporation or a municipality are parties, for the purpose of\nmaintenance and operation of areas, buildings, structures or facilities\nintended for use as a youth center and for which the state has provided\nfinancing of acquisition, demolition or construction under the\nprovisions of this title and to which the state will hold title.\n  (f) "Not-for-profit corporation" means a corporation as defined in\nsubparagraph five of paragraph (a) of section one hundred two of the\nnot-for-profit corporation law which is engaged in one or more of the\nyouth center program activities specified in this title.\n  (g) "Municipality" means a county, city, town or village.\n  (h) "Program" means the youth center facility program.\n  (i) "Division" means the division for youth.\n  (j) "Eligible applicant" means (i) a municipality or (ii) a\nnot-for-profit corporation or (iii) a municipality and a not-for-profit\ncorporation applying jointly.\n
N.Y. RSS Law § 24 — New York Code / Act RSS / Article 2 / Title 3 / Section 24
Employers' contributions and their use; pension reserve fund
Status: in_force

§ 24. Employers' contributions and their use; pension reserve fund.\na. The pension reserve fund shall be the fund from which shall be paid\nall pensions and all other benefits, except ordinary death benefits,\npayable wholly out of contributions made to the pension accumulation\nfund pursuant to this article.\n  b. When a pension or a pension-providing-for-increased-take-home-pay\nbecomes payable to or on account of any member, the amount of the\nreserve computed by the actuary to be necessary to provide the pension\nand the pension-providing-for-increased-take-home-pay, if any, payable\nout of the pension reserve fund shall be transferred to the pension\nreserve fund from the pension accumlation fund.\n  c. The comptroller shall transfer from the pension accumulation fund\nto the pension reserve fund, from time to time, such amounts as are\nnecessary under this article.\n  d. The amount of regular interest to be credited to the monies held in\nthe pension reserve fund shall be determined after the close of each\nfiscal year. Such amount thereupon shall be transferred from the pension\naccumulation fund to the pension reserve fund.\n  e. If a member, retired for any reason, returns to active public\nservice and again becomes a member of the retirement system, his pension\nreserve shall be transferred from the pension reserve fund to the\npension accumulation fund.\n  f. If the pension of a beneficiary is reduced for any reason, the\namount of such reduction shall be transferred from the pension reserve\nfund to the pension accumulation fund during that period that such\nreduction is in effect.\n
N.Y. RPT Law § 953-A — New York Code / Act RPT / Article 9 / Title 3-A / Section 953-A
Real property tax escrow accounts for non-mortgagors
Status: in_force

§ 953-a. Real property tax escrow accounts for non-mortgagors.  1. Any\nmortgage investing institution may establish real property tax escrow\naccounts for non-mortgagors. Such accounts shall be subject to the\nprovisions of this title, except as otherwise provided by this section.\n  2. A mortgage investing institution may enter into agreements with\nnon-mortgagors to provide for payment of real property taxes by such\nmortgage investing institution on behalf of such non-mortgagor from\nfunds on deposit in a real property tax escrow account.\n  3. Mortgage investing institutions shall not be required to pay the\nminimum rate of interest required by subdivision two of section nine\nhundred fifty-three of this article on real property tax escrow accounts\nof non-mortgagors.\n  4. If the non-mortgagor shall fail to make required payments to a real\nproperty tax escrow account within twenty-one days after the date such\npayment is due, the mortgage investing institution may terminate the\naccount upon written notification to the non-mortgagor. Such written\nnotification shall include but not be limited to the following\ninformation: (a) that the real property tax escrow account has been or\nwill be terminated (whichever is applicable); and (b) the non-mortgagor\nwill be obliged to pay to the appropriate collecting officers taxes\nbecoming due thereafter. The written notice shall also set forth the\neffective date of the termination and shall provide the name, address\nand telephone number of each collecting officer or office and advise the\nnon-mortgagor to contact such officer or office for tax billing\ninformation.  Upon termination, the mortgage investing institution shall\nrefund any and all funds remaining in such account to such\nnon-mortgagor.\n
N.Y. LAB Law § 280 — New York Code / Act LAB / Article 11 / Title 3 / Section 280
Automatic fire extinguishing systems
Status: in_force

§ 280. Automatic fire extinguishing systems. Every factory building\nerected before October first, nineteen hundred thirteen, which is more\nthan one story in height and which has any occupancy specified by the\nboard in its rules as of medium or high hazard below its uppermost\nfloor, shall be provided by the owner thereof with an automatic fire\nextinguishing system.\n  In every non-fireproof factory building constructed after October\nfirst, nineteen hundred thirteen, which is more than one story in height\nand which has any occupancy specified by the board in its rules as of\nhigh hazard below its uppermost floor, the story containing such\noccupancy and all stories above it shall be provided by the owner\nthereof with an automatic fire extinguishing system.\n  The automatic fire extinguishing systems required by this section\nshall be approved in the city of New York by the fire commissioner in\nsuch city and elsewhere in accordance with the rules of the board. The\nrelative hazard of occupancies within said city shall be as determined\nby the board of standards and appeals thereof. The provisions of this\nsection shall be enforced in the city of New York by the fire\ncommissioner of said city and elsewhere by the commissioner.\n
N.Y. ENV Law § 13-0330 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0330
Whelks or conchs; license to take
Status: in_force

§ 13-0330. Whelks or conchs; license to take.\n  1. A person domiciled within the state may take whelks or conchs\n(Busycon spp.) for commercial purposes from the waters of the state upon\nfirst obtaining a license from the department.\n  a. The department shall prescribe and furnish forms for application\nfor such permit.\n  b. The fee for such whelk license shall be thirty dollars.\n  2. A person not domiciled in the state who is domiciled in a state\nthat provides reciprocal permits or licenses to persons domiciled in New\nYork state may take whelks or conchs (Busycon spp.) for commercial\npurposes upon first obtaining a license from the department.\n  a. The department shall prescribe and furnish forms for application\nfor such permit.\n  b. The fee for such whelk license shall be fifty dollars.\n  3. Whelk licenses shall be non-transferable, and shall expire on the\nlast day of December of each year.\n  4. The holder of a whelk license must be present and must have the\nlicense in possession and available for inspection at all times when the\nprivileges of the license are being exercised.\n  5. For purposes of this section, "commercial purposes" shall mean the\ntaking or landing of twenty-five or more whelks in any one day.\n  6. The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of whelk or\nconch (Busycon and Busycotypus spp.), including size limits, catch and\npossession limits, open and closed seasons, closed areas, restrictions\non the manner of taking and landing, requirements for permits and\neligibility therefor, recordkeeping requirements, requirements on the\namount and type of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic 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. ENV Law § 11-0315 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0315
Hudson River shad fishery
Status: in_force

§ 11-0315.  Hudson River shad fishery.\n  The department is authorized in its discretion to adopt regulations\nestablishing restrictions as to numbers and lengths and types of nets\nand other gear, compulsory lift periods, licenses, closed season,\nprotected waters or other like measures, as in its judgment may be\ndesirable for the protection of the shad fishing in the Hudson River. In\nadopting any such regulation, due regard shall be given to the needs of\npersons earning their livelihood by shad fishing, opportunity to be\nheard shall be given, and there shall be no discrimination in such\nadditional regulations against the citizens of any other state.\n
N.Y. ENV Law § 15-0305 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0305
Access to property for inspection or investigation
Status: in_force

§ 15-0305. Access to property for inspection or investigation.\n  The department or its duly appointed agents shall have the right to\nenter at all times in or upon any property, public or private, for the\npurpose of inspecting or investigating conditions relating to matters\nwithin the jurisdiction of the department pursuant to article 15. The\ndepartment shall be liable only for actual damage done by reason of any\nsuch entry, inspection, or investigation. The amount of such damages may\nbe agreed upon between the department and the owner and occupant of the\ndamaged property, or if they cannot agree the amount of such damages\nshall be ascertained and determined by proper court action.\n
N.Y. RPT Law § 494-A — New York Code / Act RPT / Article 4 / Title 3 / Section 494-A
Exemption from taxation of property upon transfer of title in certain instances
Status: in_force

§ 494-a. Exemption from taxation of property upon transfer of title in\ncertain instances. 1. The provisions of this section shall apply only in\na city having a population of one million or more.\n  2. Whenever any corporation or association entitled to exemption from\ntaxation pursuant to paragraph (a) of subdivision one of section four\nhundred twenty-a or paragraph (a) of subdivision one of section four\nhundred twenty-b of this chapter, or any local law adopted pursuant to\nsuch provisions, acquires title to real property that is not exempt, in\nwhole or in part from taxation, such property shall, if it otherwise\nqualifies for exemption pursuant to such provisions, be immediately\nsubject to exemption upon the date of transfer of title of such property\nto such corporation or association.\n  3. Notwithstanding any other provision of law to the contrary,\napplications for exemption pursuant to this section for fiscal years as\nto which the applicable taxable status date has passed may be filed at\nany time after the transfer of title of such property to such\ncorporation or association. The city department of finance shall make a\ndetermination as to the qualification of the property for exemption and\nshall notify the applicant and the city tax commission of the exempt\namount, if any, and the right of the owner to a review of the\ndetermination of the city department of finance by filing an application\nfor correction of assessment. Notwithstanding the foregoing provision,\nan application for exemption shall be deemed to be denied on the\nninetieth day after the submission of such application where the city\ndepartment of finance has not made a determination on such application\nprior to such ninetieth day.\n  4. Notwithstanding any other provision of law to the contrary, where\ndeterminations on such applications for exemption are made after the\nfiling of the tentative assessment roll, the commissioner of finance of\nsuch city is authorized to reduce the amount of taxes accordingly and,\nif such taxes have been paid, to refund or credit the amount of any such\nreduction. An applicant may seek review of a determination on an\napplication for exemption by filing an application for correction of\nassessment in the manner provided in the charter of such city except\nthat where a determination on an application for exemption is made after\nthe filing of the tentative assessment roll, an applicant may seek\nreview of such determination by filing an application for correction of\nassessment within thirty days after notice of such determination is\nmailed to the applicant or, if applicable, within thirty days after the\napplication for exemption is deemed to be denied pursuant to subdivision\nthree of this section.\n  5. Notwithstanding any other provision of law to the contrary, where a\ndetermination on an application for exemption pursuant to this section\nis made after the filing of the tentative assessment roll, a proceeding\nfor review of such assessment pursuant to article seven of this chapter\nshall be commenced within thirty days after notice of the determination\nof the city tax commission is mailed to the applicant.\n
N.Y. EXC Law § 523-A — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-A
Definitions
Status: in_force

§ 523-a. Definitions. As used in this subtitle:\n  1. "Commissioner" means the commissioner of the office of children and\nfamily services.\n  2. "Director" means the director of the office of the ombudsman.\n  3. "Office" means the office of children and family services.\n
N.Y. PBA Law § 3966 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3966
Agreement with the state
Status: in_force

§ 3966. Agreement with the state. 1. The state does hereby pledge to\nand agree with the holders of any issue of bonds, notes or other\nobligations issued by the authority pursuant to this title and secured\nby such a pledge that the state will not limit, alter or impair the\nrights hereby vested in the authority to fulfill the terms of any\nagreements made with such holders pursuant to this title, or in any way\nimpair the rights and remedies of such holders or the security for such\nbonds, notes or other obligations, until such bonds, notes or other\nobligations, together with interest thereon and all costs and expenses\nin connection with any action or proceeding by or on behalf of such\nholders, are fully paid and discharged. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of such bonds, notes or other obligations. Nothing contained in\nthis title shall be deemed to restrict any right of the state to amend,\nmodify, repeal or otherwise alter: (a) section fifty-four of the state\nfinance law or any other provision relating to state aid, or (b)\nstatutes imposing or relating to taxes or fees, or appropriations\nrelating thereto.\n  2. The authority shall not include within any resolution, contract or\nagreement with holders of the bonds, notes or other obligations issued\nunder this title any provision which provides that a default occurs as a\nresult of the state exercising its right to amend, modify, or repeal or\notherwise alter: (a) section fifty-four of the state finance law or any\nother provision relating to state aid; or (b) statutes imposing or\nrelating to taxes, fees, or appropriations relating thereto. Nothing in\nthis title shall be deemed to obligate the state to make any payments or\nimpose any taxes to satisfy the debt service obligations of the\nauthority.\n
N.Y. PBA Law § 571 — New York Code / Act PBA / Article 3 / Title 3 / Section 571
Inconsistent provisions in other acts superseded
Status: in_force

§ 571. 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, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBH Law § 4138-E — New York Code / Act PBH / Article 41 / Title 3 / Section 4138-E
Adoptee's right to a certified copy of his or her birth certificate
Status: in_force

§ 4138-e. Adoptee's right to a certified copy of his or her birth\ncertificate. 1. The legislature hereby states its intention to\nacknowledge, support and encourage the life-long health and well-being\nneeds of persons who have been and will be adopted in this state. The\nlegislature further recognizes that the denial of access to accurate and\ncomplete medical and self-identifying data of any adopted person, known\nand wilfully withheld by others, may result in such person succumbing to\npreventable disease, premature death or otherwise unhealthy life, is a\nviolation of that person's human rights and is contrary to the tenets of\ngovernment. As such, the provisions of this section seek to establish\nconsiderations under the law for adopted persons equal to such\nconsiderations permitted by law to all non-adopted persons; this section\ndoes so while providing for the privacy of an adopted person and his or\nher birth.\n  2. (a) Notwithstanding any other provision of law, the commissioner or\na local registrar or any person authorized by the commissioner or a\nlocal registrar, upon application, proof of identity and payment of a\nnominal fee, shall issue certified copies of original long form line by\nline, vault copy birth certificates, including any change attached to\nthat certificate by a birth parent or parents, and any information\nprovided to the commissioner or a local registrar pursuant to\nsubdivision one of section one hundred fourteen of the domestic\nrelations law, to (i) an adopted person, if eighteen years of age or\nmore, or (ii) if the adopted person is deceased, the adopted person's\ndirect line descendants, or (iii) the lawful representatives of such\nadopted person, or lawful representatives of such deceased adopted\nperson's direct line descendants, as the case may be.\n  (b) When it shall be impossible for the commissioner or a local\nregistrar to provide a copy of an adult adopted person's original long\nform birth certificate (as may occur in the case of an adopted person\nborn outside of, but adopted within, the state and such certificate is\nnot part of the records of the commissioner or a local registrar), the\ntrue and correct information about the adopted person and the adopted\nperson's birth parents, including their identifying information, that\nwould have appeared on such original birth certificate shall be provided\nto: (i) the adopted person, if eighteen years of age or more, or (ii) if\nthe adopted person is deceased, the adopted person's direct line\ndescendants, or (iii) the lawful representatives of such adopted person,\nor lawful representatives of such deceased adopted person's direct line\ndescendants, as the case may be by any authorized agency as defined in\nparagraphs (a) and (b) of subdivision ten of section three hundred\nseventy-one of the social services law. In such case, the agency shall\nbe held harmless from any liability arising out of the disclosure.\n  (c) For purposes of this subdivision, the term "commissioner" shall\ninclude the state commissioner of health, the commissioner of health and\nmental hygiene of the city of New York and for records of birth prior to\nJanuary first, nineteen hundred fourteen, the local registrars of the\ncities of Albany, Buffalo and Yonkers.\n
N.Y. PBH Law § 3441 — New York Code / Act PBH / Article 34 / Title 3 / Section 3441
Funeral firms; operation by licensed persons
Status: in_force

§ 3441. Funeral firms; operation by licensed persons. 1. No funeral\nfirm shall be operated within the state unless:\n  (a) if the owner is an individual, he shall be a duly licensed funeral\ndirector or undertaker; if the owner is a partnership organized at any\ntime after the seventh day of April in the year nineteen hundred\nforty-four and first registered with the department after that date all\npartners shall be duly licensed funeral directors or undertakers; if the\nowner is a corporation, or is a partnership organized and registered\nwith the department before the seventh day of April in the year nineteen\nhundred forty-four and having any unlicensed partners, or is the legal\nrepresentative of a deceased funeral director or undertaker, the manager\nregistered with the department shall be a duly licensed funeral director\nor undertaker;\n  (b) the owner shall biennially register with the department in\naccordance with the provisions of this article;\n  (c) the certificate of registration issued by the department to a\nfuneral firm shall be conspicuously displayed at the funeral\nestablishment for which the registration was issued;\n  (d) the license of the registered manager of a registered firm, shall\nbe conspicuously displayed at the establishment for which the firm\nregistration was issued;\n  (e) it shall be under the immediate and personal supervision,\ndirection, management, and control of a licensed funeral director or\nundertaker, registered with the department, who shall not serve as the\nmanager at more than one funeral establishment for more than one firm;\n  (f) all funeral directing, undertaking, and embalming shall be under\nthe immediate and personal supervision, direction, management, and\ncontrol of a duly licensed funeral director, undertaker and embalmer,\nrespectively; and,\n  (g) the operation thereof and the maintenance of the establishment\nshall conform to the rules and regulations of the department.\n  2. A license or registration certificate granted or issued by the\ndepartment shall not be assignable or transferable.\n  3. No funeral firm shall be operated or located on real property\nowned, leased or under the control of a cemetery corporation, a family\ncemetery corporation or a private cemetery corporation; or on real\nproperty dedicated for cemetery purposes or land adjacent thereto, which\nis owned, leased or under the control of a religious corporation,\ncounty, town, village or municipal corporation.\n  4. No funeral firm shall engage in the sale or cross-marketing of\ngoods or services with any cemetery corporation. Such prohibition shall\napply to any financial relationship and co-management between a funeral\nfirm and cemetery corporation. For the purposes of this subdivision,\n"cross-marketing" shall include, but not be limited to, solicitation,\nprovider discounts (except as authorized by the regulations of the\ncommissioner), or carrying on business or affairs between a funeral firm\nand cemetery corporation.\n
N.Y. VAT Law § 315 — New York Code / Act VAT / Title 3 / Article 6 / Section 315
Release of financial security bonds or deposits
Status: in_force

§ 315. Release of financial security bonds or deposits. 1. The\ncommissioner, upon the surrender of the registration and number plates\nfor a motor vehicle for which a financial security bond or deposit was\naccepted by the commissioner, shall permit the cancellation of any such\nbond or shall direct that any such deposit be returned by the\ncommissioner of taxation and finance. The commissioner shall not release\nsuch bond or deposit in the event any action for damages upon a\nliability referred to in this article is then pending or any judgment\nupon any such liability then outstanding and unsatisfied, or in the\nevent the commissioner has received notice that such person has within\nthe period of three months immediately preceding been involved as a\ndriver in any motor vehicle accident. An affidavit of the applicant of\nnon-existence of such facts shall be sufficient evidence thereof in the\nabsence of evidence to the contrary in the records of the bureau.\n  2. The commissioner, subject to such reasonable regulations as he may\nestablish shall permit the form of proof of financial security\nacceptable under this article to be substituted for another form of\nproof of financial security which may already have been accepted by the\ncommissioner as complying with the provisions of this article.\n
N.Y. PBH Law § 344 — New York Code / Act PBH / Article 3 / Title 3 / Section 344
County or part-county boards of health; terms of office; vacancies
Status: in_force

§ 344. County or part-county boards of health; terms of office;\nvacancies.  1. The term of office of each appointive member of the board\nof health of a county or part-county health district, including the\nadditional city representative members shall be six years, and the term\nof one of the members shall expire annually; except that the term of\noffice of the representative member of the board of supervisors shall be\nfor such lesser period as may be required in the event that he does not\ncontinue as a member of the board of supervisors.\n  2. Upon the establishment of a new county or part-county health\ndistrict, the first appointments shall be made for the respective terms\nof six, five, four, three, two and one years.\n  3. Vacancies shall be filled by appointment for the unexpired terms.\n
N.Y. GOB Law § 15-303 — New York Code / Act GOB / Article 15 / Title 3 / Section 15-303
Release in writing without consideration or seal
Status: in_force

§ 15-303. Release in writing without consideration or seal. A written\ninstrument which purports to be a total or partial release of all\nclaims, debts, demands or obligations, or a total or partial release of\nany particular claim, debt, demand or obligation, or a release or\ndischarge in whole or in part of a mortgage, lien, security interest or\ncharge upon personal or real property, shall not be invalid because of\nthe absence of consideration or of a seal.\n
N.Y. VAT Law § 392-A — New York Code / Act VAT / Title 3 / Article 12 / Section 392-A
Sale or purchase of stolen, false or fraudulent license, identification card, certificate of registration, or number plate
Status: in_force

§ 392-a. Sale or purchase of stolen, false or fraudulent license,\nidentification card, certificate of registration, or number plate. A\nperson who knowingly sells or offers to sell or buys or offers to buy a\nfalse, fraudulent or stolen license, identification card, certificate of\nregistration or number plate, shall be guilty of a misdemeanor as a\nfirst offense and a class E felony as a second or subsequent offense\ncommitted within ten years of the prior offense.\n
N.Y. VAT Law § 305 — New York Code / Act VAT / Title 3 / Article 5 / Section 305
Fees
Status: in_force

§ 305. Fees. (a) The fee for a certificate of inspection issued by the\ncommissioner, to be collected from the owner of an official inspection\nstation to whom issued, shall be as follows:\n  * (1) The fee for a certificate representing that a safety inspection\nhas been performed shall be two dollars, which shall be deposited into\nthe transportation safety account established pursuant to section\nninety-one of the state finance law through March thirty-first, two\nthousand four and to the dedicated highway and bridge trust fund from\nApril first, two thousand four and thereafter, and\n  * NB Effective until April 1, 2028\n  * (1) The fee for a certificate representing that a safety inspection\nhas been performed shall be two dollars, which shall be deposited into\nthe transportation safety account established pursuant to section\nninety-one of the state finance law, and\n  * NB Effective April 1, 2028\n  * (2) The fee for a certificate representing that an emissions\ninspection has been successfully completed shall be set by the\ncommissioner through regulation, at an amount not to exceed four dollars\nor eight dollars if performed on a biennial basis. Such fees shall be\ndeposited into the mobile source account of the clean air fund\nestablished by section ninety-seven-oo of the state finance law.\n  * NB Effective until April 1, 2028\n  * (2) The fee for a certificate representing that an emissions\ninspection has been successfully completed shall be set by the\ncommissioner through regulation, at an amount not to exceed two dollars\nor four dollars if performed on a biennial basis. Such fees shall be\ndeposited into the mobile source account of the clean air fund\nestablished by section ninety-seven-oo of the state finance law.\n  * NB Effective April 1, 2028\n  (b) No fee authorized by subdivision (a) of this section shall apply\nto the state, a city, county, village, town or school district, or any\nof the departments thereof nor to a certificate issued by a licensed\nemissions inspection station to such a public entity. A refund may be\nmade, or credit allowed, for unused certificates of inspection, or for\ncertificates lost, mutilated or destroyed, to the extent provided by the\nregulations promulgated by the commissioner.\n  (c) The commissioner may establish maximum fees to be charged by an\nofficial inspection station. Such fees shall be prominently displayed at\nsuch station.\n  * (d) Fees assessed under this article shall be paid to the\ncommissioner for deposit to the transportation safety account\nestablished pursuant to section ninety-one of the state finance law\nthrough March thirty-first, two thousand four and from April first, two\nthousand four and thereafter shall be deposited into the dedicated\nhighway and bridge trust fund, except that fees that are authorized to\nbe collected for each certificate of emissions inspection issued by the\ncommissioner, collected pursuant to paragraph two of subdivision (a) of\nthis section, shall be deposited into the mobile source account of the\nclean air fund, as established by section ninety-seven-oo of the state\nfinance law.\n  * NB Effective until April 1, 2028\n  * (d) Fees assessed under this article shall be paid to the\ncommissioner for deposit to the transportation safety account\nestablished pursuant to section ninety-one of the state finance law,\nexcept that fees that are authorized to be collected for each\ncertificate of emissions inspection issued by the commissioner,\ncollected pursuant to paragraph two of subdivision (a) of this section,\nshall be deposited into the mobile source account of the clean air fund,\nas established by section ninety-seven-oo of the state finance law.\n  * NB Effective April 1, 2028\n
N.Y. ENV Law § 58-0301 — New York Code / Act ENV / Article 58 / Title 3 / Section 58-0301
Allocation of moneys
Status: in_force

§ 58-0301. Allocation of moneys.\n  Of the moneys received by the state from the sale of bonds pursuant to\nthe environmental bond act of 2022, not less than one billion one\nhundred million dollars ($1,100,000,000) shall be available for\ndisbursements for restoration and flood risk reduction projects\ndeveloped pursuant to section 58-0303 of this title. Not more than two\nhundred fifty million dollars ($250,000,000) of this amount shall be\navailable for projects pursuant to subdivision two of section 58-0303 of\nthis title and not less than one hundred million dollars ($100,000,000)\neach shall be available for coastal rehabilitation and shoreline\nrestoration projects and projects which address inland flooding,\npursuant to paragraph a of subdivision one of section 58-0303 of this\ntitle.\n
N.Y. ENV Law § 13-0319 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0319
Shellfish regulations
Status: in_force

§ 13-0319. Shellfish regulations.\n  The department may adopt regulations with respect to the harvesting,\ntransplanting, relaying, receiving, possessing, transporting, importing,\nexporting, processing, buying, selling of or otherwise trafficking in\nshellfish; the labeling or tagging thereof; the keeping of records of\nshellfish received, transported and distributed; the construction,\noperation and maintenance of all shellfish handling, processing and\ndistributing establishments, including facilities and equipment and the\ncleaning, cleansing and water storage of shellfish. The provisions of\nthis section relating to transplanting and relaying include but are not\nlimited to the removal of shellfish from uncertified growing areas and\ntransplanting to certified areas for subsequent harvest for market\npurposes and transplanting of scallops pursuant to section 13-0327. Such\nregulations may provide for payment of the reasonable costs of the\ndepartment of supervision of removal of shellfish from uncertified\nareas, except where such removal is being undertaken by a municipality\nor political subdivision. Such regulations shall be drawn in such a\nmanner as to provide adequate sanitary control over all shellfish\noffered for sale and distribution in the state. Such regulations shall\nnot be less restrictive than the minimum requirements of any federal\nagency regulating the inter-state shipment of shellfish.\n
N.Y. PBA Law § 566 — New York Code / Act PBA / Article 3 / Title 3 / Section 566
Exemptions from taxation
Status: in_force

§ 566. Exemptions from taxation.  It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\ncorporate purposes is in all respects for the benefit of the people of\nthe state of New York, for the improvement of their health, welfare and\nprosperity, and, in the case of some of the said purposes, for the\npromotion of their traffic, and is a public purpose, and that, in the\ncase of those purposes which consist of vehicular bridges, vehicular\ntunnels and approaches thereto, the project is an essential part of the\npublic highway system, and that the authority will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title, and the state of New York covenants with the\nholders of the bonds that the authority shall be required to pay no\ntaxes or assessments upon any of the property acquired by it or under\nits jurisdiction, control, possession or supervision or upon its\nactivities in the operation and maintenance of the project or any tolls,\nrevenues or other income received by the authority and that the bonds of\nthe authority and the income therefrom shall at all times be exempt from\ntaxation, except for transfer and estate taxes. This section shall\nconstitute a covenant and agreement with the holders of all bonds issued\nprior to January first, nineteen hundred thirty-nine.\n
N.Y. PBA Law § 3973 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3973
Separability; construction
Status: in_force

§ 3973. Separability; construction. If any clause, sentence,\nparagraph, section, or part of this title shall be adjudged by any court\nof competent jurisdiction to be invalid, such judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in its\noperation to the clause, sentence, paragraph, section, or part thereof\ndirectly involved in the controversy in which such judgment shall have\nbeen rendered. The provisions of this title shall be liberally construed\nto assist the effectuation of the public purposes furthered hereby.\n
N.Y. ENV Law § 71-0301 — New York Code / Act ENV / Article 71 / Title 3 / Section 71-0301
Summary abatement
Status: in_force

§ 71-0301. Summary abatement.\n  Notwithstanding any inconsistent provisions of law, whenever the\ncommissioner finds, after investigation, that any person is causing,\nengaging in or maintaining a condition or activity which, in his\njudgment, presents an imminent danger to the health or welfare of the\npeople of the state or results in or is likely to result in irreversible\nor irreparable damage to natural resources, and relates to the\nprevention and abatement powers of the commissioner and it therefore\nappears to be prejudicial to the interests of the people of the state to\ndelay action until an opportunity for a hearing can be provided, the\ncommissioner may, without prior hearing, order such person by notice, in\nwriting wherever practicable or in such other form as in the\ncommissioner's judgment will reasonably notify such person whose\npractices are intended to be proscribed, to discontinue, abate or\nalleviate such condition or activity, and thereupon such person shall\nimmediately discontinue, abate or alleviate such condition or activity.\nAs promptly as possible thereafter, not to exceed fifteen days, the\ncommissioner shall provide the person an opportunity to be heard and to\npresent proof that such condition or activity does not violate the\nprovisions of this section.  The commissioner shall adopt any other\nappropriate rules and regulations prescribing the procedure to be\nfollowed in the issuance of such orders. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by this\nsection, or any rule, regulation or order promulgated by the\ncommissioner hereunder, shall be liable to a civil penalty of not more\nthan twenty-five hundred dollars for each such violation and an\nadditional penalty of not more than five hundred dollars for each day\nduring which such violation continues, and, in addition thereto, such\nperson may be enjoined from continuing such violation. Penalties and\ninjunctive relief provided herein shall be recoverable in an action\nbrought by the attorney general at the request and in the name of the\ncommissioner.\n
N.Y. EXC Law § 527-H — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-H
Reserve fund requirement
Status: in_force

§ 527-h. Reserve fund requirement. 1. The division shall require that\na reserve fund shall be established for each facility rehabilitation\ngrant or new facility operation agreement awarded to a not-for-profit\ncorporation pursuant to this title. In no event shall such reserve fund\nbe in an amount which is less than five percent of the project costs.\nSuch reserve fund shall be provided by the division from funds available\nto it.\n  2. Such moneys shall be deposited to the custody of the comptroller,\nwho shall maintain a separate account for each such grant awarded or\nagreement funded pursuant to this article. Upon application, the\ncomptroller shall make moneys in the reserve fund available to the\nnot-for-profit corporation only for purposes of making extraordinary\nrepairs, other than ordinary and regular maintenance and repair, to\neither new facility project property or the areas, buildings, structures\nor facilities for which a facility rehabilitation grant was awarded, and\nonly after the commissioner of the office of general services approves\nof, the need for such repair and certifies to the comptroller such need\nand the amount approved for withdrawal from the reserve fund. Any\ninterest earned on the moneys in a reserve fund shall be applied to pay\ndebt service on such bonds except for any amount which must be rebated\nto the United States in order to provide for continued federal tax\nexempt status for the bonds and notes. Unless expended earlier, moneys\nshall be maintained in a reserve fund created for a not-for-profit\ncorporation to which a facility rehabilitation grant was awarded for a\nperiod of fifteen years from the date of commencement of renovation,\nrehabilitation, repair, remodeling or improvement, and for a period of\nthirty years from the date of commencement of construction on a new\nfacility project. At the end of such fifteen or thirty years, as the\ncase may be, any moneys then still to the credit of a reserve fund shall\nbe transferred to the state's general fund.\n
N.Y. EXC Law § 512-A — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 512-A
Earnings of youth
Status: in_force

§ 512-a. Earnings of youth. The division for youth may grant\ncompensation to youth for work performed in division facility programs,\nor pursuant to work programs in accordance with rules and regulations\nestablished by the division for youth and approved by the director of\nthe budget. Such rules and regulations need not be uniform as to each\nprogram and may establish, on the basis of work performed, the amount of\ncompensation to be paid and the manner in which it is to be paid to each\nyouth, or paid to the youth's dependents, or credited to the youth's\naccount until his or her discharge from such program. Such compensation\nmay be paid from moneys appropriated to the division for youth for\nmaintenance and operation.\n
N.Y. PBA Law § 556 — New York Code / Act PBA / Article 3 / Title 3 / Section 556
Acquisition of lands by the city for the project
Status: in_force

§ 556. Acquisition of lands by the city for the project. The city\nshall have power to acquire by purchase, or by condemnation in the\nmanner provided by chapter twenty-one of the Greater New York charter,\ntitle in the name of the city to any lands, easements, or rights in land\nnot owned by the city on the seventh day of April, nineteen hundred\nthirty-three, which may be required for the project, and payment\ntherefor, and for any lands theretofore acquired but not paid for by the\ncity, shall be made by the authority. The power hereby conferred upon\nthe city shall not limit or restrict the power of the authority itself\nto acquire lands, easements, or rights in land in the name of the city.\n
N.Y. PBA Law § 1050 — New York Code / Act PBA / Article 5 / Title 3 / Section 1050
Short title
Status: in_force

§ 1050. Short title. This title may be cited as the "Erie County Water\nAuthority Act."\n
N.Y. PBH Law § 4132 — New York Code / Act PBH / Article 41 / Title 3 / Section 4132
Birth certificate; form and content
Status: in_force

§ 4132. Birth certificate; form and content. 1. The certificate of\nbirth shall contain such information, including the social security\nnumbers of the parents, and be in such form as the commissioner may\nprescribe.\n  2. The personal particulars called for shall be obtained from a\ncompetent person acquainted with the facts.\n  3. (a) The certificate shall be signed by the attending physician or\nnurse-midwife, with date of signature and his or her address.\n  (b) If there was no physician or nurse-midwife, in attendance, then\nthe certificate of birth shall be signed by the father or mother of the\nchild, householder, owner of the premises, director or other person in\ncharge of the public or private institution where the birth occurred, or\nby any other competent person whose duty it is to notify the local\nregistrar of such birth.\n  4. The registrar shall enter the exact date of filing of the\ncertificate of birth in his office attested by his official signature\nand registered number of birth.\n  5. Each parent of the child may choose to be designated on the\noriginal certificate of birth or by amendment as "father" or "mother" or\n"parent".\n
N.Y. VAT Law § 376 — New York Code / Act VAT / Title 3 / Article 9 / Section 376
Lamps, signaling devices and reflectors on vehicles
Status: in_force

§ 376. Lamps, signaling devices and reflectors on vehicles. 1. (a) It\nshall be unlawful to operate, drive or park a vehicle, except a\nmotorcycle operated during the period from one-half hour before sunrise\nto one-half hour after sunset, on any public highway or street in this\nstate at any time during the day or night unless such vehicle is\nequipped with signaling devices and reflectors of a type approved by the\ncommissioner which are in good working condition; or to operate, drive\nor park a vehicle, except a motorcycle, on any public highway or street\nin this state, during the period from one-half hour after sunset to\none-half hour before sunrise, unless such vehicle is equipped with lamps\nof a type approved by the commissioner which are lighted and in good\nworking condition; or to operate, drive or park self-propelled\nagricultural equipment on any public highway or street in this state,\nduring the period from one-half hour after sunset to one-half hour\nbefore sunrise and during such other times as visibility for a distance\nof one thousand feet ahead of or behind such agricultural equipment is\nnot clear, unless such agricultural equipment is equipped with lamps of\na type approved by the commissioner which are lighted and in good\nworking condition.\n  (b) The commissioner of motor vehicles is hereby authorized and\nempowered to promulgate rules and regulations with respect to lamps,\nreflectors and signaling devices, their number, type, design,\nconstruction, location, attachment and use on vehicles being driven,\noperated or parked on any public highway or street in this state. In\npromulgating such rules and regulations the commissioner shall be guided\nby the requirements with regard to lights, reflectors, signaling devices\nand associated equipment on vehicles of rules and regulations\npromulgated by the United States department of transportation.\n  2. Wiring used on commercial vehicles shall be of such size that when\nall connections are made in an acceptable and workmanlike manner the\nloss in voltage will not be sufficient to cause a lamp to produce less\nthan the minimum candlepower, under normal operating conditions, when\nthe lamp is in good working order. All wiring should be enclosed in\nweather proof and abrasion proof cable or conduit except wiring which is\ncompletely enclosed within the body of the vehicle.\n  3. All lights, signals and reflectors shall be of a type and design\napproved by the commissioner. No light having a candlepower rating in\nexcess of thirty-two candle power shall be used on any vehicle, unless\nit is of a type approved by the commissioner. The provisions of section\nthree hundred seventy-five of this chapter governing the approval of\nequipment and the adjustment of headlamps shall apply to the equipment\nand headlamps required by this section. The commissioner is hereby\nauthorized and empowered to adopt and from time to time amend such\nregulations not inconsistent with this section, governing the size,\ntype, construction, location, and use of lights, signals and reflectors,\nincluding the exemption of specific vehicles from the requirements of\nthis section where the construction of such vehicles makes compliance\nherewith impracticable, or impossible.\n  4. All existing provisions of this chapter governing the use of\nheadlamps, front parking lamps and license plate lamps and other lamps,\nreflectors, lights and directional signals on vehicles shall continue to\napply, except to the extent irreconcilably inconsistent with the\nprovisions of this section or regulations promulgated thereunder.\n
N.Y. LAB Law § 268 — New York Code / Act LAB / Article 11 / Title 3 / Section 268
Exterior screened stairway
Status: in_force

§ 268. Exterior screened stairway. "Exterior screened stairway" means\na stairway conforming to the following requirements:\n  1. It shall be built of incombustible material.\n  2. The risers of the stairs shall not be more than seven and\nthree-quarters inches in height and the treads not less than ten inches\nwide.\n  3. On each floor there shall be a balcony connecting with the stairs.\n  4. Access to the balconies shall be by means of fire doors extending\nto the floor level and which shall slide freely or open outwardly so as\nnot to obstruct the passageway.\n  5. All windows or other openings upon the course of such stairs shall\nbe fireproof.\n  6. The level of the balcony floor shall not be more than seven inches\nbelow the level of the door sill.\n  7. The stairs shall continue from the roof to the ground level and\nshall lead (a) directly to a street, or (b) to a fireproof enclosed\npassageway independent of other exit from the building and leading to a\nstreet or road, or (c) to an open area having communication with a\nstreet or road.\n  8. The balconies and stairs shall be guarded on the sides by a screen\nof incombustible material.\n
N.Y. VAT Law § 386 — New York Code / Act VAT / Title 3 / Article 10 / Section 386
Motor vehicle sound level limits
Status: in_force

§ 386. Motor vehicle sound level limits. 1. As used in this section;\n  a. A-weighted sound level shall mean the sound pressure level measured\nby the use of an instrument with the metering characteristics and\nA-weighting frequency response prescribed for sound level meters.\n  b. Combination of vehicles shall mean any device consisting of a motor\nvehicle and one or more trailers drawn by such motor vehicle.\n  c. Sound pressure level shall mean twenty times the logarithm to the\nbase ten of the ratio of the root mean squared pressure of a sound to a\nreference pressure of twenty micropascals. The unit applied to this\nmeasure shall be the decibel (dB).\n  2. This section shall apply to the total sound level emitted from a\nmotor vehicle or a combination of vehicles.\n  3. Unlawful acts.\n  a. It shall be unlawful for any person to operate or cause to be\noperated on a public highway any motor vehicle or combination of\nvehicles with a maximum gross weight in excess of ten thousand pounds,\nat any time, under any condition of grade, load, acceleration or\ndeceleration in such a manner as to exceed the applicable A-weighted\nsound level set forth in table I. The maximum allowable sound levels in\ntable I are based on a sound level measured at, or adjusted to, a\ndistance of fifty feet from the center of the lane in which the motor\nvehicle is traveling.\n                                 TABLE I\n                            MAXIMUM ALLOWABLE\n                         A-WEIGHTED SOUND LEVELS\n                           MAXIMUM SPEED LIMIT\n35 miles\nper hour                                                         over 35\nOR LESS                                                   MILES PER HOUR\n86DB (A)                                                       90 DB (A)\n  b. In addition, it shall be unlawful for any person to operate or\ncause to be operated on a public highway any motor vehicle or\ncombination of vehicles with a maximum gross weight in excess of ten\nthousand pounds and equipped with an engine speed governor, which\ngenerates an A-weighted sound level in excess of eighty-eight dB(A)\nmeasured at, or adjusted to, a distance of fifty feet from the\nlongitudinal centerline of the vehicle, when the engine of such vehicle\nis accelerated from idle with a wide open throttle to governed speed\nwith the vehicle stationary, transmission in neutral and clutch engaged.\n  c. It shall be unlawful for any person to operate or cause to be\noperated on a public highway any motor vehicle or combination of\nvehicles, except motorcycles, with a maximum gross weight of ten\nthousand pounds or less, at any time, under any condition of grade,\nload, acceleration or deceleration in such a manner as to exceed the\napplicable A-weighted sound level set forth in table II. The maximum\nallowable sound levels in table II are based on a sound level measured\nat, or adjusted to, a distance of fifty feet from the center of the lane\nin which the motor vehicle is traveling:\n                                 TABLE II\n                            MAXIMUM ALLOWABLE\n                         A-WEIGHTED SOUND LEVELS\n                           MAXIMUM SPEED LIMIT\n35 miles\nper hour                                                         over 35\nOR LESS                                                   MILES PER HOUR\n76 DB(A)                                                        82 DB(A)\n  d. It shall be unlawful for any person to operate or cause to be\noperated on a public highway any motorcycle, at any time, under any\ncondition of grade, load, acceleration or deceleration in such a manner\nas to exceed the applicable A-weighted sound level set forth in table\nIII. The maximum allowable sound levels in table III are based on a\nsound level measured at, or adjusted to, a distance of fifty feet from\nthe center of the lane in which the motorcycle is traveling.\n                                 TABLE III\n                            MAXIMUM ALLOWABLE\n                         A-WEIGHTED SOUND LEVELS\n                           MAXIMUM SPEED LIMIT\n35 miles\nper hour                                                         over 35\nOR LESS                                                   MILES PER HOUR\n82 DB(A)                                                        86 DB(A)\n  4. The commissioner of environmental conservation shall promulgate\nregulations establishing the measurement procedures and instrumentation\nto be utilized in the enforcement of this section.\n  a. These procedures shall allow, to the extent feasible, motor vehicle\nsound measurements to be accomplished in reasonably confined areas such\nas residential areas of urban cities, and may provide for sound\nmeasurement at distances other than fifty feet and in the vicinity of\nsound reflecting surfaces.\n  b. The regulations shall take into consideration recognized scientific\nand professional standards for the measurement of vehicular sound\nlevels.\n  5. The provisions of this section shall not apply to vehicles and\nimplements or combinations thereof used solely for farm purposes, nor to\nauthorized emergency vehicles.\n  6. Nothing in this section shall be construed as limiting or\nprecluding the enforcement of equipment requirements or any other\nprovisions of law relating to motor vehicle noise.\n  7. At intervals of not more than two years, the commissioner of\nenvironmental conservation shall report to the governor and the\nlegislature on the current state of the art of motor vehicle sound level\nlimitations and recommend changes as necessary.\n
N.Y. VAT Law § 352 — New York Code / Act VAT / Title 3 / Article 7 / Section 352
If proof fails commissioner may require other proof
Status: in_force

§ 352. If proof fails commissioner may require other proof.  Whenever\nany proof of financial responsibility filed by any person under the\nprovisions of this article no longer fulfills the purpose for which\nrequired, the commissioner shall, for the purpose of this article,\nrequire other proof of financial responsibility as required by this\narticle, and shall suspend the operator's or chauffeur's license, and\nregistration certificates and registration plates of such person pending\nsuch proof.\n
N.Y. EXC Law § 527-I — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-I
General and administrative provisions
Status: in_force

§ 527-i. General and administrative provisions. 1. The division shall\nprovide for the review, at least annually, of the performance of\napproved eligible applicants pursuant to this title. Such review shall,\namong other things, be for the purposes of ascertaining conformity to\ncontractual provisions and the financial condition of the youth center\nas it relates to its ability to comply with the requirements of this\ntitle.\n  2. No youth center shall be sited, constructed, reconstructed,\nrehabilitated, altered or improved pursuant to a grant or award made\npursuant to this title, except in compliance with the requirements of\nlocal laws, ordinances, codes, charters or regulations applicable to\nsuch siting, construction, reconstruction, rehabilitation, alteration or\nimprovement.\n
N.Y. PBH Law § 3444 — New York Code / Act PBH / Article 34 / Title 3 / Section 3444
Food service in funeral establishments
Status: in_force

§ 3444. Food service in funeral establishments. (a) A funeral\nestablishment may provide space, facilities, equipment or supplies for\nthe preparation, sale, service, distribution or consumption of food or\nnonalcoholic beverages, limited to incidental refreshments (such as\nbaked goods, sandwiches, snacks and platters) or those required by the\nreligious practices of the deceased person or the deceased person's\nfamily, in the funeral establishment to or by persons in the funeral\nestablishment for the purpose of arranging for, attending or\nparticipating in the care and preparation of a body of a deceased person\nfor disposition, mourning, a funeral or memorial ceremony or service, or\nan open house or similar community function that is related to the\nbusiness of funeral directing.\n  (b) Activities under this section may include the services of a\ncaterer not owned by or affiliated with the funeral establishment.\nActivities of funeral establishment employees or catering employees\nshall be limited to (i) preparing such beverages and (ii) serving such\nincidental refreshments or nonalcoholic beverages under this section.\n  No activities under this section shall include the consumption of any\nalcoholic beverage. Notwithstanding the provisions of this section, a\nfuneral establishment shall not operate as a food service establishment\nor caterer.\n
N.Y. GMU Law § 781 — New York Code / Act GMU / Article 17-A / Title 3 / Section 781
Canvassing of vote; moratorium on further referendum
Status: in_force

§ 781. Canvassing of vote; moratorium on further referendum. 1. In any\nreferendum held pursuant to this title, the ballots cast shall be\ncounted, returns made and canvassed and results certified in the same\nmanner as other municipal elections or referendums for the local\ngovernment entity affected by the proposed dissolution.\n  2. Dissolution shall not take effect unless a majority of the electors\nvoting in the local government entity in which the referendum is held\nvote in favor of dissolution. If such a majority vote does not result,\nthe referendum shall fail and dissolution shall not take effect.\n  3. If dissolution is approved by a majority of the electors voting in\nthe local government entity in which the referendum is held,\ncertificates of such result immediately shall be filed with the\nsecretary of state and with the clerks of the local government entity or\nentities and county in which is situated any part of the entity to be\ndissolved.\n  4. If the referendum shall fail, the dissolution process specified by\nthis title shall not be initiated for the local government entity within\nfour years of the date of such referendum. This subdivision, however,\ndoes not apply to a permissive referendum conducted pursuant to section\nseven hundred eighty-five of this title.\n
N.Y. ENV Law § 54-0301 — New York Code / Act ENV / Article 54 / Title 3 / Section 54-0301
Definitions
Status: in_force

§ 54-0301. Definitions.\n  For purposes of this title, "open space land conservation projects"\nshall mean acquisition projects including the purchase of conservation\neasements undertaken by the commissioner and/or the commissioner of the\noffice of parks, recreation and historic preservation listed in the\nstate open space land acquisition plan prepared pursuant to title 2 of\narticle 49 of this chapter.\n
N.Y. PBA Law § 3950-A — New York Code / Act PBA / Article 10-D / Title 3 / Section 3950-A
Legislative declaration of need for state intervention
Status: in_force

§ 3950-a. Legislative declaration of need for state intervention. The\nlegislature hereby finds and declares that the county of Erie is facing\na severe fiscal crisis, and that the crisis cannot be resolved absent\nassistance from the state. The legislature further finds and declares\nthat maintenance of a balanced budget by the county of Erie is a matter\nof overriding state concern, requiring the legislature to intervene to\nprovide a means whereby: the long-term fiscal stability of the county\nwill be assured, the confidence of investors in the county's bonds and\nnotes is preserved, and the economy of both the region and the state as\na whole is protected.\n
N.Y. PBA Law § 164 — New York Code / Act PBA / Article 2 / Title 3 / Section 164
Title not affected if in part unconstitutional or ineffective
Status: in_force

* § 164. Title not affected if in part unconstitutional or\nineffective.  If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ELN Law § 8-314 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-314
Voting; primary election, missing enrollment record
Status: in_force

§ 8-314. Voting; primary election, missing enrollment record. If a\nregistered voter marked an enrollment blank, but his enrollment as so\nindicated was not entered or entered incorrectly, he nevertheless shall\nbe permitted to vote at the primary election, with the party under whose\nname he marked such blank, if he produces a certificate of the board of\nelections that he marked an enrollment blank, specifying the party, and\nthat the entry of his enrollment on the registration poll record was\nomitted or incorrectly entered by inadvertence or mistake and he is\nqualified to vote at the primary election in the party set forth in such\ncertificate. In such a case the board of elections shall issue such\ncertificate on demand. The inspectors shall then and there enter the\nenrollment on the record.\n
N.Y. ENV Law § 15-0301 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0301
Investigations
Status: in_force

§ 15-0301. Investigations.\n  1. The department may, of its own motion, make or cause to be made\nsuch surveys and investigations as it may deem advisable and necessary\nfor the discharge of its duties under this article.\n  2. The department, upon its own motion, or upon a petition presented\nto it by a person or public corporation pursuant to provisions of this\narticle, may in its discretion, extend the scope of such proceeding to\nany improvements or developments of natural resources which may be done\nunder any provisions of this article, and if any part of the procedure\ngoverning the matters concerning which the petition is presented cannot\nbe made applicable in all respects to the subject matter of the\nproceedings as thus extended, then the procedure peculiar to such\nadditional matter as provided for in this article may be adopted to the\nextent necessary.\n  3. The department shall make or cause to be made continuing\ninvestigations of the water resources of the state so as to accumulate\ncomprehensive data as a basis of providing for their proper\nconservation, development, regulation and use.\n  4. The department shall conduct systematic gauging of rainfall and\nstream flow throughout the state when moneys shall have been\nappropriated therefor.\n
N.Y. ENV Law § 56-0301 — New York Code / Act ENV / Article 56 / Title 3 / Section 56-0301
Allocation of moneys
Status: in_force

§ 56-0301. Allocation of moneys.\n  Of the moneys received by the state from the sale of bonds pursuant to\nthe Clean Water/Clean Air Bond Act of 1996, five hundred ten million\ndollars ($510,000,000) shall be available for disbursements for state\nassistance payments to municipalities or county soil and water\nconservation districts for water quality improvement projects in\naccordance with section 56-0303 and for dam safety projects pursuant to\nsection 56-0311 of this article. One hundred fifty million dollars\n($150,000,000) shall be available for disbursements for projects\ndeveloped pursuant to section 56-0307, fifty million dollars shall be\navailable for municipal park projects, and historic preservation, and\nheritage area projects developed pursuant to section 56-0309 of this\narticle and fifty million dollars shall be available for state park\nprojects. Thirty million dollars ($30,000,000) shall be available for\nenvironmental compliance assistance projects to enhance water quality.\n
N.Y. PBA Law § 1063 — New York Code / Act PBA / Article 5 / Title 3 / Section 1063
Exemption from taxes
Status: in_force

§ 1063. Exemption from taxes. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the county of Erie\nand its environs, and is a public purpose, and the authority shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title and shall not be required to pay\nany taxes, special ad valorem levies or special assessments upon any\nproperty owned by it or under its jurisdiction, control or supervision\nor upon its activities, or any filing, recording or transfer taxes in\nrelation to instruments filed, recorded or transferred by it or on its\nbehalf.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom shall be exempt from taxation, except for transfer and\nestate taxes. The revenues, monies and other properties and the\nactivities of the authority shall be exempt from taxes and governmental\nfees or charges, whether imposed by the state or any municipality,\nincluding real estate taxes, franchise taxes or other excise taxes.\n
N.Y. ENV Law § 37-0303 — New York Code / Act ENV / Article 37 / Title 3 / Section 37-0303
Applicability
Status: in_force

§ 37-0303. Applicability.\n  The provisions of this title shall apply to every facility owned by,\nor operated on behalf of, a state agency that manufactures or processes\ngreater than twelve thousand five hundred pounds per year of a toxic\nchemical, or otherwise uses greater than five thousand pounds per year\nof a toxic chemical.\n
N.Y. PBA Law § 1391 — New York Code / Act PBA / Article 6 / Title 3 / Section 1391
Exemption from taxation
Status: in_force

§ 1391. Exemption from taxation. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of Ogdensburg and its\nenvirons, and is a public purpose, and the authority shall be regarded\nas performing a governmental function in the exercise of the powers\nconferred upon it by this act and shall be required to pay no taxes or\nassessments upon any of the properties acquired by the authority or\nunder its jurisdiction, control or supervision, or upon its activities.\nBonds or notes issued pursuant to this act, together with the income\ntherefrom, as well as the property of the authority shall be exempt from\ntaxation except for transfer and estate taxes.\n
N.Y. ENV Law § 13-0305 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0305
Marking lands prohibited; injury to monuments
Status: in_force

§ 13-0305. Marking lands prohibited; injury to monuments.\n  1. No person other than the lessee or the department shall mark out or\nenclose in any manner, any state-owned lands under water for the purpose\nof planting shellfish thereon or excluding the general public therefrom.\n  2. No person shall wilfully injure or remove any monument, stake or\nboundary marker of any kind, placed for the purpose of delineating or\nlocating state owned shellfish lands except by authority of the\ndepartment.\n
N.Y. DOM Law § 77-N — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-N
Role of prosecutor or public official
Status: in_force

§ 77-n. Role of prosecutor or public official. 1. In a case arising\nunder this article or involving the Hague Convention on the Civil\nAspects of International Child Abduction, the prosecutor or other\nappropriate public official may take any lawful action, including resort\nto a proceeding under this title or any other available civil proceeding\nto locate a child, obtain the return of a child, or enforce a child\ncustody determination if there is:\n  (a) an existing child custody determination;\n  (b) a request to do so from a court in a pending child custody\nproceeding;\n  (c) a reasonable belief that a criminal statute has been violated; or\n  (d) a reasonable belief that the child has been wrongfully removed or\nretained in violation of the Hague Convention on the Civil Aspects of\nInternational Child Abduction.\n  2. A prosecutor or appropriate public official acting under this\nsection acts on behalf of the state or local government entity and may\nnot represent any private party.\n
N.Y. ELD Law § 253 — New York Code / Act ELD / Article 2 / Title 3 / Section 253
Utilization of out-of-state provider pharmacies; necessity and convenience
Status: in_force

§ 253. Utilization of out-of-state provider pharmacies; necessity and\nconvenience. 1. In counties having a population of seventy-five thousand\nor less that are in proximity to the state boundary and which are\ndetermined by the commissioner of health to be not adequately served by\nprovider pharmacies registered in New York, and in Fishers Island in the\ntown of Southold, Suffolk county, the commissioner may approve as\nprovider pharmacies, pharmacies located in New Jersey, Connecticut,\nVermont, Pennsylvania or Massachusetts. Such approvals shall be made\nafter (a) consideration of the convenience and necessity of New York\nresidents in the rural areas served by such pharmacies, (b)\nconsideration of the quality of service of such pharmacies and the\nstanding of such pharmacies with the governmental board or agency of the\nstate in which such pharmacy is located, (c) the commissioner shall give\nall licensed pharmacies within the county notice of his or her intention\nto approve such out-of-state provider pharmacies, and (d) the\ncommissioner has held a public hearing at which he or she has determined\nfactually that the licensed pharmacies within such county are not\nadequately serving as provider pharmacies.\n  2. The commissioner of health shall investigate and determine whether\ncertification shall be granted within ninety days of the filing of an\napplication for certification by the governing body of any city, town or\nvillage, within a county determined by the commissioner to be not\nadequately served by provider pharmacies registered in New York pursuant\nto subdivision one of this section, claiming to be lacking adequate\npharmaceutical service.\n  3. Every certification granted pursuant to this section shall expire\nnot more than five years after the date of issuance.\n
N.Y. RSS Law § 312 — New York Code / Act RSS / Article 8 / Title 3 / Section 312
Statement of services
Status: in_force

§ 312. Statement of services. a. It shall be the duty of the head of\neach department or agency of the state government employing police\nofficers and/or firefighters, and of the chief fiscal officer of each\nparticipating employer, at the request of the comptroller, to submit to\nhim or her a statement showing the name, title, compensation, duties,\ndate of birth and length of service of each police officer and/or\nfirefighter: (exclusive of members of a local system), and such other\ninformation as the comptroller may require. If any such police officer\nor firefighter be principally engaged upon duties differing from those\nspecified by the appropriate civil service commission for the title held\nby him or her, such head of department or agency, or chief fiscal\nofficer, shall certify the reasons therefor and the probable duration of\nthe duties being so performed by such police officer or firefighter.\n  b. Each police officer and firefighter shall be subject to all the\nprovisions of this article and to all the rules and regulations adopted\nby the comptroller.\n
N.Y. ENV Law § 1-0301 — New York Code / Act ENV / Article 1 / Title 3 / Section 1-0301
Short title
Status: in_force

§ 1-0301. Short title.\n  This chapter shall be known as the "Environmental Conservation Law,"\nand may be cited as "ECL."\n
N.Y. PBA Law § 560 — New York Code / Act PBA / Article 3 / Title 3 / Section 560
Moneys of the authority
Status: in_force

§ 560. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be deposited as soon as practicable in\nbanks or trust companies to be designated by the authority. All deposits\nof such moneys shall, if required by the authority, be secured by\nobligations of the United States or of the state of New York or of the\ncity of New York of a market value equal at all times to the amount of\nthe deposit and all banks and trust companies are authorized to give\nsuch security for such deposits. The comptroller and his legally\nauthorized representatives are hereby authorized and empowered from time\nto time to examine the accounts and books of the authority, including\nits receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other matters relating to its financial standing.\nThe authority shall have power notwithstanding the provisions of this\nsection, to contract with the holders of any of its bonds as to the\ncustody, collection, securing, investment and payment of any moneys of\nthe authority, or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding that such contract may be inconsistent with the\nprevious provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the\nauthority, and all banks and trust companies are authorized to give such\nsecurity for such deposits.\n
N.Y. PBA Law § 1470-F — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-F
Construction contracts
Status: in_force

* § 1470-f. Construction contracts. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts of the city, except that where the\nestimated expense of a contract does not exceed twenty-five hundred\ndollars, such contract may be entered into without public letting.\nNothing in this section shall be construed to limit the power of the\nauthority to do any construction directly by the officers, agents and\nemployees of the authority.\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. PBH Law § 2137 — New York Code / Act PBH / Article 21 / Title 3 / Section 2137
Domestic violence recognition
Status: in_force

§ 2137.  Domestic violence recognition. The department shall, in\nconsultation with the office for the prevention of domestic violence and\nstatewide organizations and community based organizations, develop a\nprotocol for the identification and screening of victims of domestic\nviolence who may either be a protected individual or a contact as used\nin this title.\n
N.Y. MDW Law § 81 — New York Code / Act MDW / Article 3 / Title 3 / Section 81
Receptacles for waste matter
Status: in_force

§ 81. Receptacles for waste matter. 1. The owner of every multiple\ndwelling shall provide proper and suitable conveniences or receptacles\nfor ashes, rubbish, garbage, refuse and other waste matter and shall\narrange for the removal of such waste matter daily.\n  2. No person shall place ashes, garbage, rubbish, filth, urine or\nfecal matter in any place in a multiple dwelling other than the place\nprovided therefor, or keep any such matter in his apartment or upon his\npremises such length of time as to create a nuisance as defined in\nsection three hundred nine.\n
N.Y. VAT Law § 356 — New York Code / Act VAT / Title 3 / Article 7 / Section 356
Forging or without authority signing proof of financial responsibility
Status: in_force

§ 356. Forging or without authority signing proof of financial\nresponsibility. Any person who shall forge, or without authority, sign\nany evidence of ability to respond in damages as required by the\ncommissioner in the administration of this article, and any non-resident\nwho shall operate a motor vehicle in this state from whom the privilege\nof operating any motor vehicle has been withdrawn as provided herein,\nshall be fined not more than one thousand dollars or imprisoned not more\nthan thirty days or both.\n
N.Y. ENV Law § 53-0307 — New York Code / Act ENV / Article 53 / Title 3 / Section 53-0307
Funding of department; municipal authorization for local urban forestry and arboriculture programs
Status: in_force

§ 53-0307. Funding of department; municipal authorization for local\n             urban forestry and arboriculture programs.\n  In the absence of federal legislation funding the department's\nparticipation under section 53-0305, no duty is imposed on the\ndepartment hereunder. Federal funding, however, is not a prerequisite to\nlocal implementation of municipal urban forestry or arboriculture\nprograms, as herein provided; and any municipality may implement a local\nurban forestry or arboriculture program within its jurisdiction under\nthe authority of this title and chapter. All charges and expenses\nincurred under this section by a town shall be a charge upon the taxable\nproperty of that part of the town outside any incorporated village.\n
N.Y. PBA Law § 153 — New York Code / Act PBA / Article 2 / Title 3 / Section 153
Powers of the authority
Status: in_force

* § 153. Powers of the authority. The authority shall have power\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  4. To make by-laws for the management and regulation of its affairs;\n  5. With the consent of the commission to use the agents, employees and\nfacilities of the commission and to authorize the making of improvements\nby the commission when funds are available therefor and funds of the\nauthority are insufficient for such purposes;\n  6. To appoint officers, agents and employees and fix their\ncompensation; subject, however, to the provisions of the civil service\nlaw, which shall apply to the authority as a municipal corporation other\nthan a city;\n  7. To make contracts, and to execute all instruments necessary or\nconvenient;\n  8. By contract, or contracts, or by its own employees, but as a single\nenterprise, to construct the Meadowbrook parkway, the Loop parkway and\nto reconstruct the Wantagh parkway on lands acquired or to be acquired\nby the state of New York, together with incidental roads, structures,\nfacilities and bridges, subject to such consents and approval of federal\nauthorities in any case as may be necessary;\n  9. To maintain, reconstruct, and operate the Jones Beach parkway;\n  10. To charge tolls for the use of Jones Beach parkway subject to and\nin accordance with such agreements with bondholders as may be made as\nhereinafter provided; provided, however, that no tolls may be charged on\nWantagh parkway until after the first day of January, nineteen hundred\nthirty-five;\n  11. To construct and maintain over, under, along or across Jones Beach\nparkway, telephone, telegraph or electric wires and cables, gas mains,\nwater mains, and other mechanical equipment not inconsistent with\nparkway purposes, to contract for such construction and to lease the\nright to construct and/or use the same on such terms and for such\nconsideration as it shall determine, provided, however, that no lease\nshall be made for a period of more than ten years from the date when it\nis made;\n  12. To construct and maintain facilities for the public, not\ninconsistent with the use of Jones Beach parkway as a parkway, to\ncontract for such construction, and to lease the right to construct\nand/or use such facilities on such terms and for such considerations as\nit shall determine, provided, however, that no lease shall be made for a\nperiod of more than ten years from the date when it is made;\n  13. To issue negotiable bonds and to provide for the rights of the\nholders thereof;\n  14. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n  15. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ENV Law § 13-0303 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0303
Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation
Status: in_force

§ 13-0303. Tax on state-owned underwater lands held under lease or\n             franchise for shellfish cultivation.\n  1. Tax. There shall be an annual tax of one dollar per acre on all\nstate-owned underwater lands held by franchise for shellfish\ncultivation. The tax shall be levied and assessed by the department\nbefore February 1 each year on such lands held on August 1 of the\npreceding year. Written notice shall be mailed to each grantee showing\nthe number of acres so assessed and the amount of tax thereon. The\ndepartment shall keep an assessment book showing annually the names and\naddresses of all grantees, the number and location of acres held by\neach, the amount of tax payable and date and amount of any tax paid.\n  2. Payment. Such tax shall be paid on or before April 1 each year.\nSuch tax shall be a first lien upon all the property subject thereto,\nincluding the shellfish thereon from February 1 in the year levied.\n  3. Collection of tax. If any tax shall not be paid on or before April\n1, the department shall issue a warrant for collection thereof, with\ninterest thereon at one per centum per month from the day such tax\nbecame due and payable until paid, together with all fees incurred in\ncollecting such tax, and deliver such warrant to the sheriff of the\ncounty within whose jurisdiction the lands are situate for collection.\nAll moneys received by the department in payment of taxes and interest\nthereon shall be accounted for and paid by it, within thirty days after\nits receipt, to the Division of Finance in the Department of Taxation\nand Finance, for the benefit of the state.\n  4. Reversion of lands for non-payment of taxes. Land under water\ngranted to individuals by franchise for shellfish cultivation by the\ndepartment shall revert to state-owned public grounds if the owner\ndefaults in payment of franchise taxes for a period of one year after\nsuch tax became due and payable.\n  5. Franchises not transferable. Franchised lands under water held for\nshellfish cultivation when returned to the state by default in payment\nof taxes may not be assigned, reassigned, or transferred to a new owner\nor owners. Such lands may be leased by the department for shellfish\ncultivation as provided in section 13-0301.\n  6. Tax in lieu of other taxes. The tax imposed by this section shall\nbe in lieu of all other taxes on the property on which it is imposed,\nand no other tax except as provided herein shall be levied or imposed on\nsuch lands, or the shellfish thereon, by any authority whatsoever.\n
N.Y. PBH Law § 1152-A — New York Code / Act PBH / Article 11 / Title 3 / Section 1152-A
New York state public water supply report
Status: in_force

§ 1152-a. New York state public water supply report. The department,\nshall prepare an annual New York state public water supply report. Such\nreport shall consist of a compilation and analysis of the information\nand data submitted by water suppliers pursuant to the provisions of this\narticle.\n
N.Y. ENV Law § 11-0319 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0319
Seasons, limits and manner of taking fish in waters of New York City water supply open to public
Status: in_force

§ 11-0319. Seasons, limits and manner of taking fish in waters of New\n             York City water supply open to public.\n  Notwithstanding any other provision of this article and subject to the\napproval of the New York City Department of Environmental Protection,\nthe department shall have power to adopt regulations establishing open\nseasons, minimum size limits, manner of taking and daily and seasonal\nlimits for taking fish in the waters of the New York City water supply\nwhich are open or may be opened in the future to the public for fishing.\n
N.Y. PBA Law § 151 — New York Code / Act PBA / Article 2 / Title 3 / Section 151
Definitions
Status: in_force

* § 151. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context,\n  1. The term "authority" shall mean the corporation created by section\none hundred fifty-two of this chapter;\n  2. The term "commission" shall mean the Long Island state park\ncommission;\n  3. The term "Meadowbrook parkway" shall mean a parkway now proposed\nbetween Meadowbrook state park and Jones Beach state park;\n  4. The term "Loop parkway" shall mean a parkway now proposed\nconnecting Meadowbrook parkway and Hempstead town park on Long Beach;\n  5. The term "Wantagh parkway" shall mean the present parkway\nconnecting Wantagh state park and Jones Beach state park;\n  6. The term "Jones Beach parkway" shall mean collectively Meadowbrook\nparkway, Loop parkway, Wantagh parkway and the roads, structures,\nfacilities and bridges incidental thereto;\n  7. The term "bonds" shall mean bonds issued by the authority pursuant\nto this title;\n  8. The term "board" shall mean the members of the authority;\n  9. The term "comptroller" shall mean the comptroller of the state of\nNew York.\n  10. The term "Captree bridge" shall mean a bridge now proposed from\nthe mainland of Long Island across Great South bay to Captree state park\non Jones Beach island east of the most easterly point of Oak island, and\nshall include a parkway connection between the said bridge and the\nparkway on Jones Beach island.\n  11. The term "Captree parkway" shall mean a parkway on the mainland of\nLong Island north of Captree bridge to connect Captree bridge with\nhighways and other state parkways.\n  12. The term "revenues" shall mean moneys received or to be received\nfrom tolls, rentals or other charges.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBA Law § 553-F — New York Code / Act PBA / Article 3 / Title 3 / Section 553-F
Tokens
Status: in_force

§ 553-f. Tokens. Notwithstanding any inconsistent provision of law,\nbut subject to agreements with noteholders and bondholders, the\nauthority shall offer for sale tokens with respect to residents of the\ncounty of Richmond and may, except as otherwise provided herein,\nregulate the use thereof. Tokens for residents of the county of Richmond\nshall entitle the purchaser to crossings over the Verrazzano-Narrows\nbridge at a reduced cost of eighty per centum of the regular crossing\nfare imposed on nonresidents of the county of Richmond. In the event the\nauthority shall impose a surcharge in addition to the regular toll for\ncrossings over the Verrazzano-Narrows bridge, such surcharge shall not\nbe deemed a part of the regular crossing fare for purposes of this\nsection, and the tokens offered for sale to the residents of the county\nof Richmond as herein provided shall also entitle the purchaser to a\npermanent exemption from the payment of any such surcharge in an amount\nequal to the amount of any such surcharge imposed during calendar year\nnineteen hundred ninety-three. Application for such tokens or other\npayment devices shall be made in such manner as prescribed by the\nauthority and shall contain such information as the authority may\nreasonably require.\n
N.Y. PBH Law § 348 — New York Code / Act PBH / Article 3 / Title 3 / Section 348
County or part-county health districts; sanitary codes; violations and penalties
Status: in_force

§ 348. County or part-county health districts; sanitary codes;\nviolations and penalties.  1. The provisions of the sanitary code of a\ncounty or part-county health district shall have the force and effect of\nlaw.\n  2. Any non-compliance or non-conformance with any provision of such\nsanitary code or of a rule or regulation, duly made thereunder shall\nconstitute a violation punishable on conviction for a first offense by a\nfine of not more than two hundred fifty dollars or by imprisonment for\nnot more than fifteen days or by both such fine and imprisonment; and\nfor a second or subsequent offense by a fine not exceeding five hundred\ndollars or by imprisonment for not exceeding fifteen days, or both.\n  3. Certified copies of the sanitary code of a county or part-county\nhealth district shall be received in evidence in all courts and\nproceedings in the state.\n
N.Y. VAT Law § 306 — New York Code / Act VAT / Title 3 / Article 5 / Section 306
Enforcement
Status: in_force

§ 306. Enforcement. (a) The commissioner shall suspend or prohibit the\nrenewal of the registration of any motor vehicle for which a certificate\nor certificates of inspection has or have not been obtained as required\nby this article, or the regulations promulgated thereunder, or which is\nnot repaired within the period designated under section three hundred\nfour (b); provided however, the commissioner shall waive the requirement\nfor any repairs to an emissions system beyond the expenditure amount\npermitted by federal law and regulations once the amount has been\nexpended.  The commissioner shall provide for an appeal from a\ndetermination related to a request that the repair requirement be\nwaived. No such waiver shall apply to classes of vehicles for which such\nwaiver would be prohibited pursuant to a final decree of a federal\ncourt.\n  (b) No motor vehicle shall be operated or parked on the public\nhighways of this state unless a certificate or certificates of\ninspection, as required by this article, is or are displayed upon the\nvehicle or affixed to the registration certificate for the vehicle as\nmay be determined by the commissioner. The commissioner may, by\nregulation, provide for a temporary indicia of inspection to be placed\non a motor vehicle which shall be valid as a certificate of inspection\nfor a period not to exceed fifteen days upon the loss, theft, mutilation\nor destruction of a certificate of inspection. Any violation of this\nsection that occurs while a motor vehicle is parked on the public\nhighways of this state shall constitute a parking violation. Every\nagreement for the lease or rental of a motor vehicle for a period of not\nmore than thirty days shall be deemed to provide that the lessor of such\nvehicle shall, in all respects, be substituted for the lessee or any\nperson operating the vehicle in conformity with the lease or rental\nagreement in connection with any charge of violating this section,\nprovided that any summons issued to the operator for violation of this\nsection is turned over to the lessor. A violation of this subdivision\nshall be punishable by a fine of not less than fifty nor more than one\nhundred dollars for a first offense, and by a fine of not less than\nfifty nor more than two hundred dollars or by imprisonment for not more\nthan fifteen days, or by both such fine and imprisonment, for each\nsubsequent offense; provided however, that if the vehicle bears a\ncertificate or certificates of inspection which was or were valid within\nthe last sixty days, such violation shall be punishable by a fine of not\nless than twenty-five nor more than fifty dollars.\n  (c) No motor vehicle shall be registered in this state unless a valid\ncertificate or certificates of inspection is or are in force therefor,\nexcept where the vehicle is outside the state at the time of application\nfor registration and the owner has secured from the commissioner a\nwritten extension of the time for inspection of such vehicle.\n  (d) No person shall issue a certificate or certificates of inspection,\ninspection extension, or rejection notice without having made a complete\ninspection or inspections in conformity with the rules and regulations\nestablished by the commissioner, or shall wilfully issue a certificate\nor certificates of inspection for a motor vehicle, the mechanisms and\nother equipment or emissions of which do not comply with the standards\nprescribed by the rules and regulations established by the commissioner\nor the commissioner of environmental conservation, or wilfully issue a\ncertificate of inspection extension or rejection notice when the item or\nitems of inspection conform to the standards established by the\nregulations of the commissioner or wilfully issue a certificate of\ninspection extension or rejection notice for an item or items for which\ninspection is not required by the regulations of the commissioner.\n  (e) Any person who shall make, issue or knowingly use any imitation or\ncounterfeit of an official certificate of inspection, or who shall\npossess or display or cause or permit to be displayed upon any motor\nvehicle any certificate of inspection knowing the same to be fictitious\nor issued without an inspection or required repairs having been made,\nor, who unlawfully mutilates a valid certificate of inspection or\nrejection, or who shall knowingly issue, obtain or present a false\nstatement in connection with a waiver authorized by this article, or who\nunlawfully removes such a certificate from a motor vehicle, shall be\nguilty of a misdemeanor. The provisions of this subdivision shall also\napply to any temporary indicia of inspection provided for by regulation\nof the commissioner.\n  (f) Any person who shall display or cause or permit to be displayed\nany sign, mark or advertisement as an official inspection station unless\na license has been issued by the commissioner and is then in effect or\nwho shall transfer or attempt to transfer a license as an official\ninspection station, or who knowingly makes a false statement in an\napplication for a license for an official inspection station, or renewal\nthereof, shall be guilty of a misdemeanor.\n
N.Y. PBA Law § 3962 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3962
Bonds, notes or other obligations of the authority
Status: in_force

§ 3962. Bonds, notes or other obligations of the authority. 1. The\nauthority shall have the power and is hereby authorized from time to\ntime to issue bonds, notes or other obligations in such principal\namounts as it may determine to be necessary pursuant to section\nthirty-nine hundred sixty-one of this title to pay any financeable costs\nand to fund reserves to secure such bonds, notes or other obligations,\nincluding incidental expenses in connection therewith; provided,\nhowever, the aggregate principal amounts of such bonds, notes or other\nobligations outstanding at any one time shall not exceed seven hundred\nmillion dollars, and such bonds shall be exempt as provided in section\nthirty-nine hundred sixty-nine of this title. Bonds, notes or other\nobligations issued by the authority (a) to pay reasonable costs of\nissuance, as determined by the authority, (b) to establish debt service\nreserve funds, (c) to refund or advance refund any outstanding bonds or\nnotes of the county or the authority, or (d) as cash flow borrowings\nshall not count against the above limit on outstanding bonds, notes or\nother obligations of the authority, nor shall any accretion of principal\nof bonds that would constitute interest under the Internal Revenue Code\nof 1986, as amended, count against such limit; provided further, that\nthe aggregate principal amount of cash flow borrowings outstanding at\nany time shall not exceed two hundred fifty million dollars.\n  2. The authority may issue bonds, notes or other obligations to refund\nbonds, notes or other obligations previously issued, but in no event\nshall the final maturity of any bonds, notes or other obligations of the\nauthority be later than December thirty-first, two thousand thirty-nine.\nNo bond of the authority shall mature more than thirty years from the\ndate of its issue, or after December thirty-first, two thousand\nthirty-nine, whichever date is earlier.\n  3. Bonds, notes or other obligations of the authority may be issued,\namortized, redeemed and refunded without regard to the provisions of the\nlocal finance law.\n  4. The directors may delegate to the chairperson or other director or\nofficer of the authority the power to set the financial terms of bonds,\nnotes or other obligations.\n  5. The authority in its sole discretion shall determine that the\nissuance of its bonds, notes or other obligations is appropriate. Bonds,\nnotes or other obligations shall be authorized by resolution of the\nauthority. Bonds shall bear interest at such fixed or variable rates and\nshall be in such denominations, be in such form, either coupon or\nregistered, be sold at such public or private sale, be executed in such\nmanner, be denominated in United States currency, be payable in such\nmedium of payment, at such place and be subject to such terms of\nredemption as the authority may provide in such resolution. No bonds,\nnotes or other obligations of the authority may be sold at private sale\nunless such sale and the terms thereof have been approved in writing by:\n(a) the state comptroller where such sale is not to the state\ncomptroller; or (b) the director of the budget, where such sale is to\nthe state comptroller.\n  6. Any resolution or resolutions authorizing bonds, notes or other\nobligations or any issue of bonds, notes or other obligations may\ncontain provisions which may be a part of the contract with the holders\nof the bonds, notes or other obligations thereby authorized as to: (a)\npledging all or part of the authority's revenues, together with any\nother moneys, securities or contracts, to secure the payment of the\nbonds, notes or other obligations, subject to such agreements with\nbondholders as may then exist; (b) the setting aside of reserves and the\ncreation of sinking funds and the regulation and disposition thereof;\n(c) limitations on the purposes to which the proceeds from the sale of\nbonds, notes or other obligations may be applied; (d) limitations on the\nissuance of additional bonds, notes or other obligations, the terms upon\nwhich additional bonds, notes or other obligations may be issued and\nsecured and the refunding of bonds, notes or other obligations; (e) the\nprocedure, if any, by which the terms of any contract with bondholders\nmay be amended or abrogated, including the proportion of bondholders\nwhich must consent thereto and the manner in which such consent may be\ngiven; (f) vesting in a trustee or trustees such properties, rights,\npowers and duties in trust as the authority may determine, which may\ninclude any or all of the rights, powers and duties of the trustee\nappointed by the bondholders pursuant to section thirty-nine hundred\nsixty-three of this title and limiting or abrogating the rights of the\nbondholders to appoint a trustee under such section or limiting the\nrights, duties and powers of such trustee; and (g) defining the acts or\nomissions of the authority to act which may constitute a default in the\nobligations and duties of the authority to the bondholders and providing\nfor the rights and remedies of the bondholders in the event of such\ndefault, including as a matter of right the appointment of a receiver;\nprovided, however, that such acts or omissions of the authority to act\nwhich may constitute a default and such rights and remedies shall not be\ninconsistent with the general laws of the state and other provisions of\nthis title.\n  7. In addition to the powers conferred upon the authority in this\nsection to secure its bonds, notes or other obligations, the authority\nshall have power in connection with the issuance of bonds, notes or\nother obligations to enter into such agreements for the benefit of the\nbondholders as the authority may deem necessary, convenient or desirable\nconcerning the use or disposition of its revenues or other moneys,\nincluding the entrusting, pledging or creation of any other security\ninterest in any such revenues, moneys and the doing of any act,\nincluding refraining from doing any act, which the authority would have\nthe right to do in the absence of such agreements. The authority shall\nhave power to enter into amendments of any such agreements within the\npowers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of bonds, notes or other obligations of\nthe authority.\n  8. Notwithstanding any provision of the uniform commercial code to the\ncontrary, any pledge of or other security interest in revenues, moneys,\naccounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether such parties have notice thereof. No instrument\nby which such a pledge or security interest is created nor any financing\nstatement need be recorded or filed to be valid and binding.\n  9. Whether or not the bonds, notes or other obligations of the\nauthority are of such form and character as to be negotiable instruments\nunder the terms of the uniform commercial code, such bonds, notes or\nother obligations are hereby made negotiable instruments within the\nmeaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  10. Neither the directors of the authority nor any person executing\nbonds, notes or other obligations shall be liable personally thereon or\nbe subject to any personal liability or accountability solely by reason\nof the issuance thereof. The bonds, notes or other obligations of the\nauthority shall not be a debt of either the state or the county, and\nneither the state nor the county shall be liable thereon, nor shall they\nbe payable out of any funds other than those of the authority; and such\nbonds, notes or other obligations shall contain on the face thereof a\nstatement to such effect.\n  11. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power to purchase bonds, notes or other\nobligations of the authority out of any moneys available therefor, which\nshall thereupon be canceled.\n
N.Y. RSS Law § 316-C — New York Code / Act RSS / Article 8 / Title 3 / Section 316-C
Amortization of a portion of the state's contribution bills for fiscal year ending March thirty-first, two thousand five
Status: in_force

§ 316-c. Amortization of a portion of the state's contribution bills\nfor fiscal year ending March thirty-first, two thousand five. a. If the\ncomptroller, in his or her discretion, decides to permit amortization of\nemployer contributions, then, on or before October fifteenth, two\nthousand three on the basis of the annual actuarial valuation provided\nfor in this chapter, the comptroller shall determine the annual amount\n(exclusive of payments for group term life insurance, deficiency\npayments, adjustments relating to prior fiscal years' obligations and\nobligations pertaining to retirement incentives or any other obligations\nthat the state is permitted to pay on an amortized basis) required to be\npaid pursuant to section three hundred twenty-three-a of this article\nfor the fiscal year ending March thirty-first, two thousand five. The\namount by which the contribution amount with respect to fiscal year\nending March thirty-first, two thousand five exceeds seven percent of\nthe pensionable salary base for fiscal year ending March thirty-first,\ntwo thousand five shall be the "amount eligible for amortization." The\n"amount eligible for amortization" shall be amortized over a ten-year\nperiod at eight percent interest per annum, with the first of ten equal\npayments payable during fiscal year ending March thirty-first, two\nthousand six, provided, however, that on or before September first, two\nthousand four, the comptroller, in his or her discretion, may establish\na fixed rate of interest per annum to be applied to the amounts eligible\nfor amortization of all employers, which more closely approximates a\nmarket rate of return on taxable fixed rate securities with similar\nterms issued by comparable issuers.\n  b. The state may, in lieu of paying its bill for fiscal year ending\nMarch thirty-first, two thousand five, pay a lesser amount during fiscal\nyear ending March thirty-first, two thousand five which shall be the\nentire bill for the fiscal year ending on March thirty-first, two\nthousand five, calculated pursuant to section three hundred\ntwenty-three-a of this article (without reference to this section) less\nthe "amount eligible for amortization".\n  b-1. If the state makes the payment provided for in subdivision b of\nthis section, the state shall pay during fiscal year ending March\nthirty-first, two thousand six an amount determined by the comptroller\nby adding the following two amounts together:\n  (1) the state's entire bill for the fiscal year ending March\nthirty-first, two thousand six, calculated pursuant to section three\nhundred twenty-three-a of this article (without reference to this\nsection), less the "amount eligible for amortization" determined\npursuant to section three hundred sixteen-d of this article, if\napplicable; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to this section.\n  c. The remaining amortized payments shall be due and payable each\nsubsequent fiscal year during the amortization period. The comptroller\nshall have the authority to permit the pre-payment of the remaining\nbalance of the "amount eligible for amortization," subject to the\nfollowing:\n  (1) on or before August first, two thousand four in addition to\nadvising with respect to the amount due for the current year billing,\nthe comptroller shall advise the state of the total amount due and be\nauthorized to accept pre-payment in full of said amount for the fiscal\nyear ending March thirty-first, two thousand five.\n  (2) on or before each subsequent August first during the amortization\nperiod, in addition to the amount due for the current year billing and\nfor the payment of the annual amortized installment, the comptroller\nshall advise the state of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nfor that fiscal year.\n
N.Y. EXC Law § 510-A — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 510-A
Conditional release
Status: in_force

§ 510-a. Conditional release. 1. The division may conditionally\nrelease any youth placed with the division to aftercare whenever it\ndeems such conditional release to be in the best interest of the youth,\nthat suitable care and supervision can be provided and that there is a\nreasonable probability that the youth can be conditionally released\nwithout endangering the public safety; provided, however, that no youth\nwhile absent from a facility or program without the consent of the\ndirector of such facility or program shall be conditionally released by\nthe division solely by reason of the absence. The division may establish\nregulations in connection with such conditional release.\n  2. It shall be a condition of such release that the youth so released\nshall continue to be the responsibility of the division for the period\nprovided in the order of placement, notwithstanding the youth's\nconditional release therefrom, and that the division, pursuant to its\nregulations, may cause such youth to be returned to a division facility\nor authorized agency at any time within the period of placement, where\nthere is a violation of the conditions of release or a change of\ncircumstances.\n  3. Youth conditionally released by the division may be provided for as\nfollows:\n  * (a) If, in the opinion of the office of children and family\nservices, there is no suitable parent, relative or guardian to whom a\nyouth can be conditionally released, and suitable care cannot otherwise\nbe secured, the division may conditionally release such youth to the\ncare of an authorized agency established pursuant to section three\nhundred seventy-one of the social services law or any other suitable\nperson; provided that where such suitable person has no legal\nrelationship with the juvenile, the office shall advise such person of\nthe procedures for obtaining custody or guardianship of the juvenile.\n  * NB Effective until March 31, 2028\n  * (a) If, in the opinion of the division, there is no suitable parent,\nrelative or guardian to whom a youth can be conditionally released, and\nsuitable care cannot otherwise be secured, the division may\nconditionally release such youth to the care of an authorized agency\nestablished pursuant to section three hundred seventy-one of the social\nservices law or any other suitable person.\n  * NB Effective March 31, 2028\n  (b) The division may provide clothing, other necessities and services\nfor any conditionally released youth, as may be required, including\nmedical care and services not provided to such youth as medical\nassistance for needy persons pursuant to title eleven of article five of\nthe social services law.\n  (c) If the youth so released is subject to article sixty-five of the\neducation law or elects to participate in an educational program leading\nto a high school diploma, the youth shall be enrolled in a school or\neducational program leading to a high school diploma following release,\nor, if such release occurs during the summer recess, upon the\ncommencement of the next school term. If the youth so released is not\nsubject to article sixty-five of the education law and does not elect to\nparticipate in an educational program leading to a high school diploma,\nsteps shall be taken to the extent possible to facilitate the youth's\ngainful employment or enrollment in a vocational program following\nrelease.\n  4. In addition to the other requirements of this section, no youth\nplaced with the division pursuant to a restrictive placement under the\nfamily court act shall be released except pursuant to section 353.5 of\nthe family court act.\n
N.Y. ELD Law § 250 — New York Code / Act ELD / Article 2 / Title 3 / Section 250
Reimbursement to participating provider pharmacies
Status: in_force

§ 250. Reimbursement to participating provider pharmacies. 1. The\namount of reimbursement which shall be paid by the state to a\nparticipating provider pharmacy for any covered drug filled or refilled\nfor any eligible program participant shall be equal to the allowed\namount defined as follows, minus the point of sale co-payment as\nrequired by sections two hundred forty-seven and two hundred forty-eight\nof this title:\n  (a) Multiple source covered drugs. Except for brand name drugs that\nare required by the prescriber to be dispensed as written, the allowed\namount for a multiple source covered drug shall equal the lower of:\n  (1) The pharmacy's usual and customary charge to the general public,\ntaking into consideration any quantity and promotional discounts to the\ngeneral public at the time of purchase, or\n  (2) The upper limit, if any, set by the centers for medicare and\nmedicaid services for such multiple source drug, or\n  (3) Average wholesale price discounted by twenty-five percent, or\n  (4) The maximum allowable cost, if any, established by the\ncommissioner of health pursuant to paragraph (e) of subdivision nine of\nsection three hundred sixty-seven-a of the social services law.\n  Plus a dispensing fee for drugs reimbursed pursuant to subparagraphs\ntwo, three, and four of this paragraph, as defined in paragraph (c) of\nthis subdivision.\n  (b) Other covered drugs. The allowed amount for brand name drugs\nrequired by the prescriber to be dispensed as written and for covered\ndrugs other than multiple source drugs shall be determined by applying\nthe lower of:\n  (1) Average wholesale price discounted by sixteen and twenty-five one\nhundredths percent, plus a dispensing fee as defined in paragraph (c) of\nthis subdivision, or\n  (2) The pharmacy's usual and customary charge to the general public,\ntaking into consideration any quantity and promotional discounts to the\ngeneral public at the time of purchase.\n  (c) As required by paragraphs (a) and (b) of this subdivision, a\ndispensing fee of four dollars fifty cents will apply to generic drugs\nand a dispensing fee of three dollars fifty cents will apply to brand\nname drugs.\n  2. For purposes of determining the amount of reimbursement which shall\nbe paid to a participating provider pharmacy, the commissioner of health\nshall determine or cause to be determined, through a statistically valid\nsurvey, the quantities of each covered drug that participating provider\npharmacies buy most frequently. Using the result of this survey, the\ncontractor shall update every thirty days the list of average wholesale\nprices upon which such reimbursement is determined using nationally\nrecognized and most recently revised sources. Such price revisions shall\nbe made available to all participating provider pharmacies. The\npharmacist shall be reimbursed based on the price in effect at the time\nthe covered drug is dispensed.\n  3. (a) Notwithstanding any inconsistent provision of law, the program\nfor elderly pharmaceutical insurance coverage shall reimburse for\ncovered drugs which are dispensed under the program by a provider\npharmacy only pursuant to the terms of a rebate agreement between the\nprogram and the manufacturer (as defined under section 1927 of the\nfederal social security act) of such covered drugs; provided, however,\nthat:\n  (1) any agreement between the program and a manufacturer entered into\nbefore August first, nineteen hundred ninety-one, shall be deemed to\nhave been entered into on April first, nineteen hundred ninety-one; and\nprovided further, that if a manufacturer has not entered into an\nagreement with the department before August first, nineteen hundred\nninety-one, such agreement shall not be effective until April first,\nnineteen hundred ninety-two, unless such agreement provides that rebates\nwill be retroactively calculated as if the agreement had been in effect\non April first, nineteen hundred ninety-one; and\n  (2) the program may reimburse for any covered drugs pursuant to\nsubdivisions one and two of this section, for which a rebate agreement\ndoes not exist and which are determined by the commissioner to be\nessential to the health of persons participating in the program; and\nlikely to provide effective therapy or diagnosis for a disease not\nadequately treated or diagnosed by any other covered drug.\n  (b) The rebate agreement between such manufacturer and the program for\nelderly pharmaceutical insurance coverage shall utilize for covered\ndrugs the identical formula used to determine the rebate for federal\nfinancial participation for drugs, pursuant to section 1927(c) of the\nfederal social security act, to determine the amount of the rebate\npursuant to this subdivision.\n  (c) The amount of rebate pursuant to paragraph (b) of this subdivision\nshall be calculated by multiplying the required rebate formulas by the\ntotal number of units of each dosage form and strength dispensed. The\nrebate agreement shall also provide for periodic payment of the rebate,\nprovision of information to the program, audits, verification of data,\ndamages to the program for any delay or non-production of necessary data\nby the manufacturer and for the confidentiality of information.\n  (d) The program in providing utilization data to a manufacturer (as\nprovided for under section 1927 (b) of the federal social security act)\nshall provide such data by zip code, if requested, for the top three\nhundred most commonly used drugs by volume covered under a rebate\nagreement.\n  (e) Any funds collected pursuant to any rebate agreements entered into\nwith a manufacturer pursuant to this subdivision, shall be deposited\ninto the elderly pharmaceutical insurance coverage program premium\naccount.\n  4. Notwithstanding any other provision of law, entities which offer\ninsurance coverage for provision of and/or reimbursement for\npharmaceutical expenses, including but not limited to, entities\nlicensed/certified pursuant to article thirty-two, forty-two,\nforty-three or forty-four of the insurance law (employees welfare funds)\nor article forty-four of the public health law, shall participate in a\nbenefit recovery program with the elderly pharmaceutical insurance\ncoverage (EPIC) program which includes, but is not limited to, a\nsemi-annual match of EPIC's file of enrollees against the entity's file\nof insured to identify individuals enrolled in both plans with claims\npaid within the twenty-four months preceding the date the entity\nreceives the match request information from EPIC. Such entity shall\nindicate if pharmaceutical coverage is available from the entity for the\ninsured persons, list the copayment or other payment obligations of the\ninsured persons applicable to the pharmaceutical coverage, and (after\nreceiving necessary claim information from EPIC) list the amounts which\nthe entity would have paid for the pharmaceutical claims for those\nidentified individuals and the entity shall reimburse EPIC for\npharmaceutical expenses paid by EPIC that are covered under the contract\nbetween the entity and its insured in only those instances where the\nentity has not already made payment of the claim. Reimbursement of the\nnet amount payable (after rebates and discounts) that would have been\npaid under the coverage issued by the entity will be made by the entity\nto EPIC within sixty days of receipt from EPIC of the standard data in\nelectronic format necessary for the entity to adjudicate the claim and\nif the standard data is provided to the entity by EPIC in paper format\npayment by the entity shall be made within one hundred eighty days.\nAfter completing at least one match process with EPIC in electronic\nformat, an entity shall be entitled to elect a monthly or bi-monthly\nmatch process rather than a semi-annual match process.\n  5. Notwithstanding any other provision of law, the commissioner of\nhealth shall maximize the coordination of benefits for persons enrolled\nunder Title XVIII of the federal social security act (medicare) and\nenrolled under this title in order to facilitate medicare payment of\nclaims. The commissioner of health may select an independent contractor,\nthrough a request-for-proposal process, to implement a centralized\ncoordination of benefits system under this subdivision for individuals\nqualified in both the elderly pharmaceutical insurance coverage (EPIC)\nprogram and medicare programs who receive medications or other covered\nproducts from a pharmacy provider currently enrolled in the elderly\npharmaceutical insurance coverage (EPIC) program.\n  6. The EPIC program shall be the payor of last resort for individuals\nqualified in both the EPIC program and title XVIII of the federal social\nsecurity act (Medicare).\n
N.Y. PBA Law § 2852 — New York Code / Act PBA / Article 9 / Title 3 / Section 2852
Senate confirmation of certain chief executive officers
Status: in_force

§ 2852. Senate confirmation of certain chief executive officers. Where\nthe appointment of any chief executive officer is subject to\nconfirmation by the senate pursuant to subdivision five of section\nsixteen hundred seventy-eight of this chapter, subdivision six of\nsection three hundred fifty-four of this chapter, section one thousand\nfour of this chapter, or subdivision (c) of section one thousand\ntwenty-f of this chapter the senate shall vote to confirm any such\nappointment within sixty days of its submission to the senate during\nsession, or if such submission is made when the senate is not in\nsession, within seven days of the convening for session. If the senate\nfails to vote to confirm any such appointment within the time prescribed\nin this section, such appointment shall be deemed confirmed without any\nfurther action by the senate.\n
N.Y. VAT Law § 367 — New York Code / Act VAT / Title 3 / Article 7 / Section 367
This article does not prevent other process
Status: in_force

§ 367. This article does not prevent other process. This article shall\nnot be construed to prevent the plaintiff in any action at law from\nrelying for security upon the other processes provided by law.\n
N.Y. PBH Law § 618 — New York Code / Act PBH / Article 6 / Title 3 / Section 618
Performance and accountability
Status: in_force

§ 618. Performance and accountability. The commissioner shall\nestablish, in consultation with the municipalities, uniform statewide\nperformance standards for the services funded pursuant to this article;\nprovided, however, the commissioner may modify a specific standard for a\nmunicipality if such municipality demonstrates adequate justification.\nThe commissioner shall recognize the particular needs and capabilities\nof the various municipalities. The commissioner shall monitor the\nperformance and expenditures of each municipality to ensure that each\none satisfies the performance standards. Any municipality failing to\nsatisfy its standards may be subject to a reduction or loss of aid until\nsuch municipality can demonstrate that it has the capacity to satisfy\nsuch standards. The commissioner shall establish a uniform accounting\nsystem for monitoring the expenditures for services of each municipality\nto which aid is granted and the amount of state aid received including\nany performance payments pursuant to section six hundred nineteen-a of\nthis article. Such reporting system shall require information on the\namount of public health moneys received from the federal government, the\nprivate sector, grants, and fees. Each such municipality shall comply\nwith the regulations of such accounting and reporting systems.\n
N.Y. ENV Law § 19-0312 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0312
Power plant emissions and performance standards
Status: in_force

§ 19-0312. Power plant emissions and performance standards.\n  1. Definitions. As used in this section:\n  a. "Mercury" means elemental, oxidized, and particle-bound mercury in\nsource emissions.\n  b. "Major electric generating facility" means any electricity\ngenerating facility with a nameplate capacity of twenty-five thousand\nkilowatts or more.\n  2. Any major electric generating facility shall demonstrate compliance\nwith all applicable emission requirements established by the department\nfor the purpose of complying with all state and federal air quality\nrequirements, including requirements for Sulfur Dioxide, Nitrogen\nOxides, Mercury, Carbon Dioxide and particulate matter of less than 2.5\nmicrons. Such facility must also comply with other applicable department\nair quality requirements relating to offsetting of emissions.\n  3. No later than twelve months after the effective date of this\nsection, the commissioner shall promulgate rules and regulations\ntargeting reductions in emissions of carbon dioxide that would apply to\nmajor electric generating facilities that commenced construction after\nthe effective date of the regulations.\n
N.Y. PBA Law § 555 — New York Code / Act PBA / Article 3 / Title 3 / Section 555
Selection of site
Status: in_force

§ 555. Selection of site. Notwithstanding any provisions of any other\nstatute, the authority in conjunction with the commissioner of parks of\nthe city or his successor, the commissioner of parks and recreation, and\nwith the approval of the board of estimate of such city and with the\nseparate approval of the mayor thereof, is hereby authorized to select\nsites in the boroughs of the Bronx and Queens of the city for the\nWhitestone bridge project and parkways connecting therewith, which sites\nmay be in or through existing public parks, and to select sites for new\npublic parks contiguous to such project or contiguous to the roads,\nstreets, parkways or avenues connecting with such project. A site or\nsites may be selected for any or all of the aforementioned purposes and\nthereafter the use thereof shall be allocated by the commissioner of\nparks and recreation as herein provided. The property so selected solely\nfor such project, not already owned by the city, shall be acquired at\nthe sole expense of the authority in the manner provided for under this\ntitle. The property so selected solely for new public parks shall be\nacquired by the city at its sole expense. The cost of the property so\nselected for such project, combined with any other aforementioned\npurposes the use of which is to be thereafter determined, shall be\ndivided between the city and the authority as may be determined by a\ncontract or contracts hereby authorized to be entered into between the\ncity and the authority, subject to the approval of the board of estimate\nof the city. So much of the sites so selected and acquired or such\neasements or rights of way therein as may be necessary or convenient for\nthe corporate purposes of the authority may be assigned by the\ncommissioner of parks and recreation of the city to the authority for\nits use so long as its corporate existence shall continue.\n
N.Y. ENV Law § 27-0305 — New York Code / Act ENV / Article 27 / Title 3 / Section 27-0305
Permits for waste transporters
Status: in_force

§ 27-0305. Permits for waste transporters.\n  1. Except as otherwise exempted by this title, no person shall engage\nin the transportation of regulated waste originating or terminating at a\nlocation in this state without a permit pursuant to this section. In\naddition, no person shall engage in the transportation of low-level\nradioactive waste into, within or through this state without a permit\npursuant to this section.\n  2. (a) The commissioner may, by regulation, exempt from the permit\nrequirements of this title persons engaged in the transportation of:\n  (1) types of wastes which do not constitute a hazard to human health\nand the environment;\n  (2) small quantities of waste; or\n  (3) wastes transported by rail, water and air carriers.\n  (b) The commissioner may also exempt from the permit requirements of\nthis title persons engaged in the transportation of low-level\nradioactive waste only upon a showing by such person that compliance\nwith such requirements would create a hardship on his own business\nactivities and upon a determination that, based upon the characteristics\nincluding half life, concentration, activity, and toxicity of the\nspecific low-level radioactive waste transported, such transport imposes\nno potential significant adverse impact on public health, safety or\nwelfare, the environment, or natural resources as determined by the\ndepartment in consultation with the department of health. The\ncommissioner shall promulgate guidelines for the purpose of determining\nthe circumstances under which such exemption may be granted. Any person\ngranted such an exemption must comply with such conditions as specified\nby the commissioner. Such exemption shall be reviewed periodically as\nspecified by the commissioner but at least once every two years. Any\nexemption granted hereunder may be revoked after due notice and\nopportunity for hearing for a violation of any provision of this title\nor other applicable laws, rules or regulations relating to the\ntransportation of regulated wastes or upon a showing that the exempted\nperson no longer meets the requisite guidelines for exemption.\n  3. A generator of a waste may obtain a permit pursuant to this title\nto transport his own waste or if he contracts with another person to\nremove, transport or dispose of regulated wastes. If a generator obtains\nsuch a permit, a person engaged in the removal, transportation or\ndisposal of his waste shall not be required to obtain a permit pursuant\nto this title for the transportation of such wastes.\n  4. The department shall make rules and regulations implementing this\nsection promulgated in accordance with the state administrative\nprocedure act in order to carry out and enforce the intent and purposes\nthereof. Such rules and regulations and the provisions of article 70 of\nthis chapter and rules and regulations adopted thereunder shall govern\npermit applications, permit conditions, renewals, modifications,\nsuspensions and revocations under this section. The department shall, in\npromulgating any new or revised rule or regulation, accompany such\nrulemaking with an environmental impact statement or a written\nassessment stating the extent to or means by which such rule or\nregulation will carry out the intent and purpose of this section. The\nresponsibility for the issuance and review of permits and the\nenforcement of the provisions of this section may be delegated to\nregional, district or county offices of the state department of health,\nor to local health departments where their jurisdiction may apply.\n  5. Applications filed pursuant to this section shall indicate the\nmechanical and other equipment, holding tanks and vehicles and any place\nof temporary storage used or to be used by the applicant and the place\nor places where and the manner in which the applicant will finally\ndispose of the regulated wastes, and such other information as the\ndepartment deems necessary. If the department determines that the\nproposed method of transportation, the place or manner in which the\nwaste product is to be treated, stored or disposed of or the method or\nlocation of temporary storage will be detrimental to or substantially\ndamage or pollute the environment or natural resources of the state, it\nmay deny the permit or may impose such permit conditions as will\nadequately protect against unreasonable defilement or degradation of the\nnatural resources of the state.\n  6. As a condition for the permit the department shall require every\nvehicle operated by the transporter to be conspicuously marked or\nplacarded to identify, in a manner consistent with section fourteen-f of\nthe transportation law and any rules and regulations promulgated\nthereunder and any related federal requirements, the regulated waste\ntransported or its principal hazard. Further, any such vehicle shall be\nconspicuously marked or placarded in a like manner with the full name,\nincluding the full first name or legally registered trade name or names\nof the transporter and the number of the waste transporter permit issued\npursuant to this section; provided, however, that such marking or\nplacarding for any vehicle transporting low-level radioactive waste\nshall be consistent with federal rules and regulations. The commissioner\nmay, by rules and regulations prescribe with respect to any specific\nregulated waste the minimum quantities below which no marking or placard\nis required, consistent with section fourteen-f of the transportation\nlaw and any rules and regulations promulgated thereunder.\n  7. As a condition for the permit or the exemption therefrom the\ndepartment shall require the transporter, except transporters of\nhazardous waste subject to manifesting under section 27-0905 of this\narticle, to make an annual report to the department, indicating the\nnumber and type of installations emptied or cleaned, the volume and\nnature of waste products disposed of, and the place and manner in which\nsuch waste products were finally disposed, and such other information as\nthe department may require.\n  8. Such permit shall be renewed annually. The fees for such permit or\nrenewal shall be those established by regulation promulgated pursuant to\narticle 70 of this chapter. A renewal may be denied by the department\nfor failure of the applicant to properly report as provided in\nsubdivision 7 of this section.\n  9. The department may suspend or revoke any permit upon proof that the\npermittee has been found guilty of a misdemeanor in the violation of the\nprovisions of this section as provided in section 71-1503, or if the\ndepartment determines that the permittee has violated the provisions of\nthis section, the rules and regulations implementing it or the rules and\nregulations adopted to implement article 70 of this chapter.\n  10. The department is authorized and directed to adopt rules and\nregulations with respect to the institution of a system of manifests\nassociated with the transportation of low-level radioactive wastes,\nconsistent with requirements of the United States nuclear regulatory\ncommission, and in furtherance of the agreement between the state and\nthe nuclear regulatory commission dated July fourth, nineteen hundred\nsixty-two. Such rules and regulations shall provide that a copy of the\nmanifest shall be returned to the department.\n  11. The department shall issue a report based upon information made\navailable to the department pursuant to this section, on an annual basis\nto the governor, the temporary president of the senate and the speaker\nof the assembly. Such report shall include, but not be limited to, the\nnumber, origin and destination of truckloads of low-level radioactive\nwaste leaving or entering the state for disposal and the types of\nlow-level radioactive waste being transported into, through or within\nthis state and the frequency of such movement.\n  12. No person shall engage in the transportation of regulated medical\nwaste originating or terminating at a location within the state without\na permit pursuant to the provisions of title 15 of this article, unless\notherwise exempted therein.\n