N.Y. VAT Law § 2107 — New York Code / Act VAT / Title 10 / Article 46 / Section 2107
Issuance and records
Status: in_force

§ 2107. Issuance and records. (a) The commissioner shall file each\napplication received and, when satisfied as to its genuineness and\nregularity and that the applicant is entitled to the issuance of a\ncertificate of title, shall issue a certificate of title of the vehicle,\nexcept that the commissioner may require that any such vehicle be\ninspected in a manner prescribed by him for conformity to the\ndescription given in the application before he issues a certificate of\ntitle.\n  (b) The commissioner shall maintain a record of all certificates of\ntitle issued by him:\n  (1) Under a distinctive title number assigned to the vehicle;\n  (2) Under the identifying number of the vehicle;\n  (3) Alphabetically, under the name of the owner, unless he maintains\nalphabetical records of all owners holding certificates of registration;\n  (4) Under the registration number of the vehicle; and\n  (5) In the discretion of the commissioner, in any other method he\ndetermines.\n  (c) When the commissioner issues a certificate of title for a vehicle\nas a result of an original application for a title or as a result of the\nfiling of a security interest, he shall also issue and mail to the\nlienholder or lienholders named in the original application, or to the\nlienholder who filed the subsequent security interest a notice of\nrecorded lien.\n  * (d) The commissioner shall not issue a certificate of title to a\nmanufactured home with respect to which there has been filed an\naffidavit of affixation pursuant to paragraph five of subdivision (a) of\nsection twenty-one hundred seventeen-a of this article, paragraph five\nof subdivision (a) of section twenty-one hundred seventeen-b of this\narticle, and paragraph five of subdivision (a) of section twenty-one\nhundred seventeen-c of this article.\n  * NB Effective December 12, 2026\n  * (e) The commissioner shall file, upon receipt, each affidavit of\naffixation that is delivered in accordance with subdivision (b) of\nsection three hundred forty-four-b of the real property law and each\ndeclaration that is delivered pursuant to paragraph six of subdivision\n(a) of section twenty-one hundred seventeen-c of this article when\nsatisfied as to its genuineness and regularity.\n  * NB Effective December 12, 2026\n  * (f) The commissioner shall maintain a record of each affidavit of\naffixation the commissioner files in accordance with subdivision (e) of\nthis section. The record shall state the vehicle information or serial\nnumber of the manufactured home, the county of recordation, the date of\nrecordation, the book and page number of each book of deeds where there\nhas been recorded an affidavit of affixation pursuant to paragraph (iii)\nof subdivision (a) of section three hundred forty-four-b of the real\nproperty law and this article, and if applicable, a statement that filed\nwith the affidavit of affixation is a declaration pursuant to paragraph\nsix of subdivision (a) of section twenty-one hundred seventeen-c of this\narticle, and any other data the commissioner prescribes.\n  * NB Effective December 12, 2026\n  * (g) The commissioner shall file, upon receipt, each application for\nsurrender of the manufacturer's certificate of origin relating to a\nmanufactured home that is delivered in accordance with section\ntwenty-one hundred seventeen-a of this article, when satisfied as to its\ngenuineness and regularity.\n  * NB Effective December 12, 2026\n  * (h) The commissioner shall maintain a record of each manufactured\nhome manufacturer's certificate of origin that the commissioner accepts\nfor surrender as provided in section twenty-one hundred seventeen-a of\nthis article. The record shall state the vehicle information or serial\nnumber of the manufactured home, the date the manufacturer's certificate\nof origin was delivered for surrender, the county of recordation, the\ndate of recordation, and the book and page number of each book of deeds\nwhere there has been recorded an affidavit of affixation pursuant to\nparagraph (iii) of subdivision (a) of section three hundred forty-four-b\nof the real property law and this article, and any other data the\ncommissioner prescribes.\n  * NB Effective December 12, 2026\n  * (i) The commissioner shall file, upon receipt, each application for\nsurrender of the certificate of title relating to a manufactured home\nthat is delivered in accordance with section twenty-one hundred\nseventeen-b of this article, when satisfied as to its genuineness and\nregularity.\n  * NB Effective December 12, 2026\n  * (j) The commissioner shall maintain a record of each manufactured\nhome certificate of title that the commissioner accepts for surrender as\nprovided in section twenty-one hundred seventeen-b of this article. The\nrecord shall state the vehicle information or serial number of the\nmanufactured home, the date the certificate of title was delivered for\nsurrender, the county of recordation, the date of recordation, the book\nand page number of each book of deeds where there has been recorded an\naffidavit of affixation pursuant to paragraph (iii) of subdivision (a)\nof section three hundred forty-four-b of the real property law and this\narticle, and any other data the commissioner prescribes.\n  * NB Effective December 12, 2026\n  * (k) The commissioner shall file, upon receipt, each application for\nconfirmation of conversion relating to a manufactured home that is\ndelivered in accordance with section twenty-one hundred seventeen-c of\nthis article, when satisfied as to its genuineness and regularity.\n  * NB Effective December 12, 2026\n  * (l) The commissioner shall maintain a record of each application for\nconfirmation of conversion accepted as provided in section twenty-one\nhundred seventeen-c of this article. The record shall state the vehicle\ninformation or serial number of the manufactured home, the county of\nrecordation, the date of recordation, the book and page number of each\nbook of deeds where there has been recorded an affidavit of affixation\npursuant to paragraph (iii) of subdivision (a) of section three hundred\nforty-four-b of the real property law and this article, and any other\ndata the commissioner prescribes.\n  * NB Effective December 12, 2026\n  * (m) Notwithstanding the provisions of any other law, the\ncommissioner shall maintain the records required by this section\nindefinitely.\n  * NB Effective December 12, 2026\n  * (n) The commissioner shall establish electronic public access to the\nrecords maintained in accordance with subdivisions (f), (h), (j) and (l)\nof this section.\n  * NB Effective December 12, 2026\n
N.Y. SOS Law § 458-A — New York Code / Act SOS / Article 6 / Title 10 / Section 458-A
Definitions
Status: in_force

§ 458-a. Definitions. As used in this title:\n  1. "Child" shall mean a person under the age of twenty-one years whose\ncustody, care and custody, or custody and guardianship have been\ncommitted to a social services official prior to such person's\neighteenth birthday pursuant to section three hundred fifty-eight-a,\nthree hundred eighty-three-c, three hundred eighty-four, three hundred\neighty-four-a or three hundred eighty-four-b of this chapter or article\nthree, seven, ten or 10-C of the family court act.\n  2. "Applicable board rate" shall mean an amount equal to the monthly\npayment that has been made by a social services official, in accordance\nwith section three hundred ninety-eight-a of this article and other\nprovisions of this chapter, for the care and maintenance of the child,\nwhile such child was boarded out in the approved or certified foster\nfamily boarding home with the prospective relative guardian. Such rate\nshall reflect annual changes in room and board rates and clothing\nreplacement allowances.\n  3. "Prospective relative guardian" shall mean a person who has been\ncaring for the child as a fully certified or approved foster parent for\nat least six consecutive months prior to applying for kinship\nguardianship assistance payments and who:\n  (a) is related to the child through blood, marriage, or adoption; or\n  (b) is related to a half-sibling of the child through blood, marriage\nor adoption and where such person or persons is or are also the\nprospective or appointed relative guardian or guardians of such\nhalf-sibling; or\n  (c) is an adult with a positive relationship with the child,\nincluding, but not limited to, a step-parent, godparent, neighbor or\nfamily friend.\n  4. "Relative guardian" shall mean a person or persons who was\nappointed, as a guardian or permanent guardian for a child after\nentering into an agreement with a social services official for the\nreceipt of payments and services in accordance with this title.\n  5. "Social services official" shall mean a county commissioner of\nsocial services, a city commissioner of social services, or an Indian\ntribe with which the office of children and family services has entered\ninto an agreement to provide foster care services in accordance with\nsubdivision two of section thirty-nine of this chapter.\n  6. "Successor guardian" shall mean a person or persons that is\napproved by a local social services district to receive payments\npursuant to this title in accordance with subparagraph (ii) of paragraph\n(b) of subdivision five of section four hundred fifty-eight-b of this\ntitle and that has been named in the agreement in effect between the\nrelative guardian and social services official for kinship guardianship\nassistance payments pursuant to this title who shall provide care and\nguardianship for a child in the event of death or incapacity of the\nrelative guardian, as set forth in section four hundred fifty-eight-b of\nthis title, who has assumed care for and is the guardian or permanent\nguardian of such child, provided that such person was appointed guardian\nor permanent guardian of such child by the court following, or due to,\nthe death or incapacity of the relative guardian. Once approved in\naccordance with subparagraph (ii) of paragraph (b) of section four\nhundred fifty-eight-b of this title, a successor guardian shall be\ndeemed to have the same rights and responsibilities as a relative\nguardian in relation to any provisions of this title and any agreement\nentered into under this title.\n  7. "Prospective successor guardian" shall mean a person or persons\nwhom a prospective relative guardian or a relative guardian seeks to\nname or names in the original kinship guardianship assistance agreement,\nor any amendment thereto, as set forth in section four hundred\nfifty-eight-b of this title, as the person or persons to provide care\nand guardianship for a child in the event of the death or incapacity of\na relative guardian, who has not been approved in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this title.\n  8. "Incapacity" shall mean a substantial inability to care for a child\nas a result of: (a) a physically debilitating illness, disease or\ninjury; or (b) a mental impairment that results in a substantial\ninability to understand the nature and consequences of decisions\nconcerning the care of a child.\n
N.Y. SOS Law § 458-F — New York Code / Act SOS / Article 6 / Title 10 / Section 458-F
Fair hearings
Status: in_force

§ 458-f. Fair hearings. 1. Any person aggrieved by the decision of a\nsocial services official not to make a payment or payments pursuant to\nthis title or to make such payment or payments in an inadequate or\ninappropriate amount or the failure of a social services official to\ndetermine an application under this title within thirty days after\nfiling, or the failure of a social services district to agree to a\nprospective successor guardian being named in an agreement or to approve\na prospective successor guardian pursuant to subparagraph (ii) of\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\nof this title, or the decision of a social services district to\nterminate an agreement pursuant to paragraph (h) of subdivision four of\nsection four hundred fifty-eight-b of this title, may appeal to the\noffice of children and family services, which shall review the case and\ngive such person an opportunity for a fair hearing thereon and render\nits decision within thirty days. All decisions of the office of children\nand family services shall be binding upon the social services district\ninvolved and shall be complied with by the social services official\nthereof.\n  2. The only issues which may be raised in a fair hearing under this\nsection are: (a) whether the social services official has improperly\ndenied an application for payments under this title; (b) whether the\nsocial services official has improperly discontinued payments under this\ntitle; (c) whether the social services official has determined the\namount of the payments made or to be made in violation of the provisions\nof this title or the regulations of the office of children and family\nservices promulgated hereunder; (d) whether the social services official\nhas failed to determine an application under this title within thirty\ndays; (e) whether the social services official has improperly denied an\napplication to name a prospective successor guardian in the original\nkinship guardianship assistance agreement for payments pursuant to this\ntitle or any amendments thereto; (f) whether a social services official\nhas inappropriately failed to approve a prospective successor guardian;\nor (g) whether a social services official has inappropriately terminated\nan agreement for payments under this title.\n  3. The provisions of subdivisions two and four of section twenty-two\nof this chapter shall apply to fair hearings held and appeals taken\npursuant to this section.\n
N.Y. PBH Law § 1370-E — New York Code / Act PBH / Article 13 / Title 10 / Section 1370-E
Reporting lead exposure levels
Status: in_force

§ 1370-e. Reporting lead exposure levels. 1. Every physician or\nauthorized practitioner shall give notice of elevated lead levels as\nspecified by the commissioner pursuant to regulation, to the health\nofficer of the health district wherein the patient resides, except as\notherwise provided.\n  2. The commissioner may, by regulation, provide that cases of elevated\nlead levels which occur (a) in health districts of less than fifty\nthousand population not having a full-time health officer, or (b) in\nstate institutions shall be reported directly to the department or its\ndistrict health officer.\n  3. Whenever an analysis of a clinical specimen for lead is performed\nby a laboratory or a physician or authorized practitioner, the director\nof such laboratory or such physician or authorized practitioner shall,\nwithin such period specified by the commissioner report the results and\nany related information in connection therewith to the local and state\nhealth officer to whom a physician or authorized practitioner is\nrequired to report such cases pursuant to this section.\n  4. The person in charge of every hospital, clinic, or other similar\npublic or private institution shall give notice of every child with an\nelevated blood lead level coming under the care of the institution to\nthe local or state health officer to whom a physician or authorized\npractitioner is required to report such cases pursuant to this section.\n  5. The notices required by this section shall be in a form and filed\nin such time period as shall be prescribed by the commissioner.\n
N.Y. ENV Law § 27-1009 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1009
Refusal of acceptance
Status: in_force

§ 27-1009. Refusal of acceptance.\n  1. A dealer or operator of a redemption center may refuse to accept\nfrom a redeemer, and a deposit initiator or distributor may refuse to\naccept from a dealer or operator of a redemption center any empty\nbeverage container which does not state thereon a refund value as\nestablished by section 27-1005 and provided by section 27-1011 of this\ntitle.\n  2. A dealer or operator of a redemption center may also refuse to\naccept any broken bottle, corroded, crushed or dismembered container, or\nany beverage container which contains a significant amount of foreign\nmaterial, as determined in rules and regulations to be promulgated by\nthe commissioner.\n
N.Y. PBA Law § 1232-P — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-P
Code of ethics
Status: in_force

§ 1232-p. Code of ethics. 1. Definition. As used in this section the\nterm "authority member" shall mean any officer or member of the board of\nthe authority.\n  2. No authority member shall have any interest, financial or\notherwise, direct or indirect, or engage in any business, transaction or\nprofessional activity, or incur any obligation of any nature, which is\nin substantial conflict with the proper discharge of his or her duties\nin the public interest.\n  3. (a) No authority member shall accept other employment, which will\nimpair his or her independence of judgment in the exercise of his or her\nofficial duties.\n  (b) No authority member shall accept employment or engage in any\nbusiness or professional activity which will require the member to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  (c) No authority member shall disclose confidential information\nacquired by the member in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  (d) No authority member shall use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for him\nor herself or others.\n  (e) No authority member shall engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  (f) An authority member shall not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such member or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  (g) An authority member shall abstain from making personal investments\nin enterprises which he or she has reason to believe may be directly\ninvolved in decisions to be made by the member or which will otherwise\ncreate substantial conflict between his or her duty in the public\ninterest and his or her private interest.\n  (h) An authority member shall endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that he or she is likely\nto be engaged in acts that are in violation of his or her trust.\n  (i) No authority member employed on a full-time basis nor any firm or\nassociation of which such a member is a member nor a corporation a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such member, shall sell goods or services to\nany person, firm, corporation or association which is licensed or whose\nrates are fixed by the authority in which such member serves or is\nemployed.\n  (j) If any authority member shall have a financial interest, direct or\nindirect, having a value of ten thousand dollars or more in any activity\nwhich is subject to the jurisdiction of a regulatory agency, he or she\nshall file with the secretary of state a written statement that he or\nshe has such a financial interest in such activity which statement shall\nbe open to public inspection.\n  4. In addition to any penalty contained in any other provision of law,\nany such authority member who shall knowingly and intentionally violate\nany of the provisions of this section may be fined, suspended or removed\nfrom office or employment.\n  5. All members of the authority shall be deemed to be public officers\nand shall, notwithstanding any other ethical requirements established by\nstate or local law, and when not inconsistent with the provisions of\nthis title, comply with sections seventy-three, seventy-three-a and\nseventy-four of the public officers law. Notwithstanding any other\nprovision of law, the filing of a Nassau county financial disclosure\nstatement, pursuant to the Nassau county code of ethics as set forth in\nsection twenty-two hundred eighteen of the county charter, by a member\nof the authority shall constitute and be deemed in compliance with the\nfinancial disclosure requirements imposed by this section and section\nseventy-three-a of the public officers law.\n
N.Y. ENV Law § 17-1007 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1007
Corrective actions
Status: in_force

§ 17-1007. Corrective actions.\n  1. Any operator shall within forty-eight hours notify the facility\nowner and the department, and if the facility is located within any\ncounty, or city of a population of one million or more which filed with\nthe department a written declaration under subdivision two of section\n17-1017 of this title which is approved by the commissioner in written\nfindings the operator shall also notify such county or city of a\npopulation of one million or more, of any abnormal loss or gain detected\nthrough daily inventory which cannot be explained by inaccurate record\nkeeping, temperature variations, or other causes not related to leakage.\nFor the purposes of this subdivision, "abnormal loss or gain" shall mean\na loss or gain of three-quarters of one percent or greater of the total\nvolume of petroleum handled over a period of ten days.\n  2. Where a leak or spill of petroleum is suspected or appears\nprobable, the department may order the owner to inspect that tank or\ntanks or associated equipment suspected to be leaking and to test for\ntightness and structural soundness or may prohibit delivery pursuant to\nsubdivision four of this section. If the owner fails within ten days to\nconduct such tests as required under this subdivision, the department\nmay conduct such tests for tightness or structural soundness. The\nreasonable expenses of conducting such tests incurred by the department\nshall be paid by the owner.\n  3. It shall be unlawful to continue operation of any leaking tank or\nassociated equipment of a facility. The contents of such tank or\nequipment shall be promptly removed.\n  4. The department may prohibit deliveries of petroleum to any tank (i)\nthat is leaking or (ii) where a leak appears probable. If the source of\nthe leak or a probable leak cannot be determined, the department may\nprohibit deliveries to any tank or tanks that may be the probable source\nof a leak until such time as the source has been identified, at which\ntime the prohibition on delivery will apply to the leaking tank or\ntanks. In addition, the department may prohibit deliveries of petroleum\nto any tank that is in violation of any requirement prescribed by\nregulation pursuant to this title related to:\n  a. installing required equipment for spill prevention, overfill\nprotection, leak detection, corrosion protection or secondary\ncontainment;\n  b. performing leak detection or inspections of tank systems;\n  c. properly operating or maintaining leak detection; or\n  d. properly operating or maintaining spill, overfill or corrosion\nprotection equipment.\n  (i) The department shall attach a tag to the tank or tanks to identify\nthose tanks to which delivery is prohibited and provide a written notice\nto the owner and operator specifying the reasons for the prohibition of\ndelivery. The department may consider not prohibiting deliveries of\npetroleum for up to one hundred eighty days after a determination is\nmade that the facility or tank meets the conditions in this subdivision\nif such prohibition would jeopardize the availability of, or access to,\nfuel in any rural and remote areas unless the department has determined\nthat the condition at the facility endangers public health, safety or\nthe environment.\n  (ii) As promptly as possible thereafter, not to exceed fifteen days,\nthe commissioner shall provide the owner or operator an opportunity to\nbe heard and to present proof that such condition or activity does not\nviolate the provisions of this section or of the rules or regulations\nadopted pursuant to this title. The commissioner shall adopt rules and\nregulations describing the procedure to be followed in the prohibition\nof petroleum deliveries. In adopting such rules and regulations the\ndepartment shall allow for the owner or operator at any time to submit\ninformation to the department to demonstrate that the owner or operator\nis in compliance with the requirements or has corrected the violation\nthat prompted the department to prohibit deliveries of petroleum and to\nallow the tank or tanks to be, as promptly as possible, brought back\ninto operation, not to exceed two business days from the department's\ndetermination that a tank is in compliance. The department shall use its\nbest efforts to timely determine compliance. The commissioner shall\ndraft such rules and regulations and submit them to the state petroleum\nbulk storage advisory council for comments within six months of the\neffective date of this subparagraph.\n  (iii) Unless otherwise authorized by the department, no person shall\ntamper with or remove, or cause the tampering with or removal of, a tag\nattached to any tank under the provisions of this subdivision.\n  (iv) No person shall deliver, cause the delivery of, deposit, or\naccept petroleum to any tank or tanks to which a tag is affixed pursuant\nto this subdivision.\n
N.Y. SOS Law § 358-C — New York Code / Act SOS / Article 5 / Title 10 / Section 358-C
Rules of court
Status: in_force

§ 358-c.  Rules of court.  The administrative board of the judicial\nconference shall prepare, by August first, nineteen hundred\nseventy-three, rules of court for the efficient and just administration\nof the judicial proceedings authorized by section three hundred\nfifty-eight-a of this chapter and such rules may be amended by the\nadministrative board from time to time.  The state administrator shall\nprescribe forms for petitions, notices and orders authorized by section\nthree hundred fifty-eight-a, and may authorize courts determining such\nproceedings to submit information to the department in a manner and at\nsuch times as the administrative board may prescribe.  Nothing in this\nsection shall be construed to limit the authority of the state board of\nsocial welfare.\n
N.Y. RSS Law § 385-A — New York Code / Act RSS / Article 8 / Title 10 / Section 385-A
Retirement of members of the Nassau county police force; new plan
Status: in_force

§ 385-a. Retirement of members of the Nassau county police force; new\nplan.  a. As used in this section, the following words and phrases shall\nhave the following meanings unless a different meaning is plainly\nrequired by the context:\n  1. "County." Nassau county.\n  2. "Police force." The term "police force" shall include only those\nmembers of the police department who are appointed as police officers.\nSuch term, however, shall also include every employee of the police\ndepartment who entered such service prior to January first, nineteen\nhundred forty-eight and who has been contributing since that date in\naccordance with the provisions of section three hundred eighty-five of\nthis article.\n  3. "Creditable service." Full time duty as an officer or member of the\npolice force or full time police duty as an officer or member of the\npolice force of any town, village, city or police district in the\ncounty, in the office of the sheriff of the county prior to April\nsixteenth, nineteen hundred twenty-five, as sheriff of the county prior\nto December thirty-first, nineteen hundred sixty-five, as a Long Island\nstate park patrolman, or in the division of state police in the state\nexecutive department.\n  b. Every member of the police force, including the commissioner who\nentered or re-entered service on the police force on and after January\nfirst, nineteen hundred sixty-six and members entering or re-entering\nservice on the police force on and after April first, nineteen hundred\nsixty-seven, and prior to September first, nineteen hundred\nseventy-eight, shall contribute on the basis provided for by this\nsection.\n  c. Any member of the police force who elected to contribute under\nformer section eighty-five-a of this chapter shall contribute on the\nbasis provided for by this section.\n  d. A member of the police force who elects or is required to\ncontribute in accordance with this section, shall contribute, in lieu of\nthe proportion of compensation as provided in section twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be the same as that which was or which would be\ncomputed under subdivision e of section eighty-five of this article,\nnotwithstanding the fact that such member will be eligible for\nretirement after twenty years of creditable service. In no event shall a\nmember contribute under this section at a higher rate than he was or\nwould be required to contribute under subdivision e of section\neighty-five of this article had this section not been enacted.\n  Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section seventy-a of this article for\nsuch period of time as his employer contributes pursuant to such section\ntoward pensions-providing-for-increased-take-home-pay provided, however,\nthat such member may by written notice duly acknowledged and filed with\nthe comptroller, make an election to waive such reduction as provided by\nsubdivision j of section twenty-one of this article. One year or more\nafter the filing thereof, a member may withdraw any such election by\nwritten notice duly acknowledged and filed with the comptroller.\n  e. No member of the police force shall continue to make contributions\nafter completing twenty years of creditable service.\n  f. A member of the police force, contributing on the basis of this\nsection shall be entitled to retire after the completion of twenty years\nof creditable service, or on the first day of the month following the\nattainment of the mandatory retirement age, by filing an application\ntherefor in a manner similar to that provided in section seventy of this\narticle.\n  (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  (2) Upon attainment of the mandatory retirement age and upon\nretirement without completion of twenty years of such service, each such\nmember shall receive a pension which together with an annuity which\nshall be the actuarial equivalent of his accumulated contributions at\nthe time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled, shall be sufficient to provide him with a\nretirement allowance equal to one-fortieth of his final average salary\nfor each year of creditable service.\n  Only for the purpose of determining the amount of the pension provided\nin this subdivision, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions or contributions pursuant to waiver under\nsubdivision j of section twenty-one of this article, and if it were not\nreduced by reason of the members election to decrease his annuity\ncontributions to the retirement system in order to apply the amount of\nsuch reduction in payment of his contributions for old-age and survivors\ninsurance coverage.\n  g. The increased pensions to members of the police force, together\nwith all other expenses of this retirement plan exceeding the\ncontribution required to be made by members pursuant to subdivision d of\nthis section, shall be paid from contributions made by the county on\naccount of such members. The actuary of the retirement system shall\ncompute the additional contribution for each member who participates\nunder this section.  Such additional contributions shall be computed on\nthe basis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him to the county executive of the\ncounty.  The amount thereof shall be included in the annual\nappropriation of the county for the Nassau county police. Such amount\nshall be paid on the warrant of the county comptroller to the pension\naccumulation fund of the retirement system.\n  h. Every member of the police force except the commissioner of police\ncontributing under this section shall leave the service on the last day\nof the calendar month in which he attains age fifty-nine, which shall be\nhis mandatory retirement age. The commissioner after age fifty-nine and\nbefore age seventy may elect to retire and if he does so the date of his\nretirement shall for the purpose of this section be deemed his mandatory\nretirement age.\n  i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. VAT Law § 2105-A — New York Code / Act VAT / Title 10 / Article 46 / Section 2105-A
Liens on motor vehicles for failure to make child support payments
Status: in_force

§ 2105-a. Liens on motor vehicles for failure to make child support\npayments. (a) The commissioner, on behalf of the department, shall enter\ninto a written agreement with the commissioner of the office of\ntemporary and disability assistance which shall set forth the procedures\nfor creation of security interests on vehicles in favor of the office of\ntemporary and disability assistance, a social services district or its\nauthorized representative as provided for in section two hundred eleven\nof the lien law and section one hundred eleven-u of the social services\nlaw.\n  (b) Such agreement shall include:\n  (1) the procedures under which the office of temporary and disability\nassistance shall notify the department of a security interest arising\nfor failure to make payments of child support or combined child and\nspousal support, including data standards for determining that the\nperson against whom such lien will be imposed is the person owing such\narrears;\n  (2) the procedures under which the office of temporary and disability\nassistance shall notify the department that an individual has satisfied\nthe security interest;\n  (3) the procedure, subject to the approval of the director of the\ndivision of the budget, for reimbursement of the department and its\nagents for the additional costs of carrying out the procedures\nauthorized by this section, section two hundred eleven of the lien law\nand section one hundred eleven-u of the social services law;\n  (4) such other matters as the parties to such agreement shall deem\nnecessary to carry out the provisions of this section, section two\nhundred eleven of the lien law and section one hundred eleven-u of the\nsocial services law.\n  (c) A security interest arising under section two hundred eleven of\nthe lien law and entered into the records of the department pursuant to\nthis article shall be listed on any subsequent certificate of title\nissued to such person for the same or any other vehicle.\n  (d) Notwithstanding any other inconsistent provision of law, any\npurchaser of a vehicle which is subject to a security interest under\nthis section, including a motor vehicle dealer registered under section\nfour hundred fifteen of this chapter, shall take such vehicle\nunencumbered by such lien which was not recorded on the certificate of\ntitle used to transfer the vehicle.\n
N.Y. RSS Law § 382 — New York Code / Act RSS / Article 8 / Title 10 / Section 382
Optional retirement of members in the division of state police after twenty years of service
Status: in_force

§ 382. Optional retirement of members in the division of state police\nafter twenty years of service.  a. Any member in the division of state\npolice in the executive department shall be entitled to retire after the\ncompletion of twenty years of total creditable service in such division,\nor upon attainment of age sixty in such division if prior thereto, by\nfiling an application therefor in a manner similar to that provided in\nsection three hundred seventy of this article. Upon so retiring such\nmember shall receive:\n  1. If he elected or was required to contribute in accordance with the\nprovisions of section three hundred eighty-one or section three hundred\neighty-one-a of this article, a retirement allowance equal to the\npresent value of a retirement allowance computed upon such period of\nservice in accordance with the provisions of such sections, or\n  2. If he did not elect or was not required to contribute in accordance\nwith the provisions of section three hundred eighty-one or section three\nhundred eighty-one-a of this article, a retirement allowance equal to\nthe present value of a retirement allowance computed upon such period of\nservice in accordance with the provisions of section three hundred\nseventy-five of this article.\n  b. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. ENV Law § 37-1011 — New York Code / Act ENV / Article 37 / Title 10 / Section 37-1011
Certification of compliance
Status: in_force

§ 37-1011. Certification of compliance.\n  1. For the purpose of this section the following terms shall have the\nfollowing meanings:\n  (a) "covered products" shall mean:\n  (i) mattresses, upholstered furniture, or electronic displays; or\n  (ii) upholstered or reupholstered furniture components for custom\nupholsterers.\n  (b) "manufacturer" shall mean a person who, for sale in the state:\n  (i) assembles or substantially assembles covered products;\n  (ii) manufactures covered products under its own brand name or under\nany other brand name;\n  (iii) sells covered products under its own brand name;\n  (iv) owns a brand name that it licenses to another person for use on\ncovered products;\n  (v) imports covered products; or\n  (vi) manufactures covered products without affixing a brand name.\n  2. No person that sells covered products shall be held in violation of\nthis title if they can show that they relied in good faith on the\nwritten assurance of the manufacturer that such covered products met the\nrequirements of this title. Such written assurance shall take the form\nof a certificate of compliance stating that such covered product is in\ncompliance with the requirements of this title, provided however, where\ncompliance is achieved under an exemption provided in section 37-1005 of\nthis title, the certificate shall state the specific basis upon which\nthe exemption is claimed. The certificate of compliance shall be signed\nby an authorized official of the manufacturer.\n
N.Y. PBA Law § 2975 — New York Code / Act PBA / Article 9 / Title 10 / Section 2975
Recovery of state governmental costs from public authorities and public benefit corporations
Status: in_force

§ 2975. Recovery of state governmental costs from public authorities\nand public benefit corporations. 1. Notwithstanding any other provision\nof law to the contrary, every public authority and every public benefit\ncorporation created by or pursuant to New York state law at least three\nof whose members are appointed by the governor, whether such authority\nor corporation is otherwise governed by this chapter (such entities, as\nso constituted, to be hereafter in this title referred to as "public\nbenefit corporations"), shall reimburse to New York state an allocable\nshare of state governmental costs attributable to the provision of\nservices to public benefit corporations, as determined herein. The\npayment of such costs by public benefit corporations is a valid and\nproper purpose for which available authority funds may be applied.\n  2. (a) Annually the director of the division of the budget of the\nstate of New York (such person to be hereafter in this title referred to\nas the "director of the budget"), in consultation with the state\ncomptroller, shall determine the total amount of expenses incurred or to\nbe incurred during the state's fiscal year in connection with the\nprovision of central governmental services to public benefit\ncorporations. Such expenses, in addition to the direct costs of personal\nservice, shall include indirect costs of employee benefits, maintenance\nand operation, state equipment and facilities, rental for space occupied\nin state leased facilities or the fair market rental value of space\noccupied in state owned facilities, and contractual services, all as\nattributable to the provision of otherwise unreimbursed services to\npublic benefit corporations by the New York state department of audit\nand control, department of law, executive chamber, division of the\nbudget, the legislature, and such agencies, boards or commissions as the\ndirector of the budget determines provide such services to public\nbenefit corporations.\n  (b) On or before November first, two thousand three and on or before\nNovember first of each year thereafter, the director of the budget shall\ndetermine the amount owed under this section by each public benefit\ncorporation. The director of the budget may reduce, in whole or part,\nthe amount of such assessment if the payment thereof would necessitate a\nstate appropriation for the purpose, or would otherwise impose an\nextraordinary hardship upon the affected public benefit corporation. The\naggregate amount assessed under this section in any given state fiscal\nyear may not exceed sixty-five million dollars.\n  3. The state treasurer shall impose and collect such assessments,\nwhich shall be paid no later than March thirty-first following the\nimposition of the assessments, and pay the same into the state treasury\nto the credit of the general fund.\n  3-a. A direct portion of these funds shall be allocated to fund the\nauthorities budget office established by section four of this chapter.\n  4. The provisions of subdivisions two and three of this section shall\nnot apply to any public benefit corporation which enters into a contract\nor agreement with the director of the budget which otherwise provides\nfor cost recovery to the state and includes a provision that, in\naccordance with this subdivision, subdivisions two and three of this\nsection shall not apply to such public benefit corporation. The\ncircumstances for the entry into such contract or agreement may include,\nbut shall not be limited to, the following:\n  (a) where such contract or agreement is for an amount which equals or\nexceeds the amount of the assessment provided by subdivision two of this\nsection; or\n  (b) where the payment of all or a portion of the assessment provided\nby subdivision two of this section would necessitate, in the judgment of\nthe director of the budget, an appropriation therefor by the state.\n  5. On or before June first, nineteen hundred ninety, and annually on\nor before June first, the director of the budget shall report to the\nrespective chairpersons of the assembly ways and means committee and\nsenate finance committee the amount of cost recovery obtained pursuant\nto this title and all contracts and agreements entered into pursuant to\nsubdivision four of this section for the state fiscal year ending on the\npreceding March thirty-first.\n
N.Y. LFN Law § 132.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 132.00
Debt statements; agency preparing
Status: in_force

§ 132.00 Debt statements; agency preparing.  a. The debt statement\nshall be prepared by the chief fiscal officer of the municipality, fire\ndistrict or school district. If, however, a municipality, school\ndistrict or fire district does not have a chief fiscal officer, then\nsuch statement shall be prepared by the finance board thereof.\n  b. Municipalities, school districts in cities and fire districts shall\nprepare debt statements pursuant to sections 135.00 and 136.00 of this\nchapter. School districts, other than school districts in cities, shall\nprepare debt statements pursuant to section 137.00 of this chapter.  The\nprovisions of sections 138.00 through 141.00, inclusive, of this\nchapter, shall apply to the debt statements prepared by municipalities,\nfire districts and school districts.\n  c. Each debt statement of a municipality, a school district in a city\nor a first district shall contain a schedule of the obligations\nauthorized to be issued but which in fact have not been issued. Each\ndebt statement of a school district, other than a school district in a\ncity, shall contain a schedule of the bonds and bond anticipation notes\nauthorized to be issued by resolution but which in fact have not been\nissued. Any such schedule shall be arranged so as to show the date of\nsuch authorizations, the type and amount of obligations remaining\nunissued and the object or purpose for which such obligations were\nauthorized. The foregoing provisions of this paragraph c shall not apply\nto a city containing more than one county, and in any such city the debt\nstatement shall contain a summary statement of the total amount of each\ntype of obligation authorized to be issued but which in fact has not\nbeen issued.\n
N.Y. ENV Law § 37-1009 — New York Code / Act ENV / Article 37 / Title 10 / Section 37-1009
Reporting
Status: in_force

§ 37-1009. Reporting.\n  1. For the purposes of this section, "manufacturer" shall mean a\nperson who: (a) assembles or substantially assembles electronic displays\nfor sale in the state; (b) manufactures electronic displays, under its\nown brand name or under any other brand name, for sale in the state; (c)\nsells, under its own brand name, electronic displays in the state; (d)\nowns a brand name that it licenses to another person for use on\nelectronic displays sold in the state; (e) imports electronic displays\nfor sale in the state; or (f) manufactures electronic displays for sale\nin the state without affixing a brand name.\n  2. Beginning one year after the effective date of this title, no\nelectronic display shall be sold in the state unless the manufacturer\nhas submitted an annual report identifying all of the organohalogen\nflame retardant chemicals used in the enclosure or stand of the\nelectronic display in a form determined by the department.\n
N.Y. PBH Law § 1376-A — New York Code / Act PBH / Article 13 / Title 10 / Section 1376-A
Sale of consumer products containing lead or cadmium
Status: in_force

§ 1376-a. Sale of consumer products containing lead or cadmium.  1. In\nthe absence of a federal standard for a specific type of product, the\ncommissioner shall establish the maximum quantity of lead or cadmium\n(and the manner of testing therefor) which may be released from glazed\nceramic tableware, crystal, china and other consumer products.  Such\nmaximum quantity shall be based on the best available scientific data\nand shall insure the safety of the public by reducing its exposure to\nlead and cadmium to the lowest practicable level. The commissioner may\namend such maximum quantity (and the manner of testing therefor) where\nnecessary or appropriate for the safety of the public. Until such\nmaximum quantity of lead or cadmium established by the commissioner is\neffective, no glazed ceramic tableware shall be offered for sale which\nreleases lead in excess of 7 parts per million, or cadmium in excess of\n..5 parts per million.\n  2. The commissioner is hereby empowered to order the recall of or\nconfiscation of glazed ceramic tableware, crystal, china or other\nconsumer products offered for sale which do not meet the standards set\nforth in or pursuant to this section.\n  3. The commissioner of health may waive the provisions of this section\nin whole or in part upon a finding by the commissioner in a particular\ninstance that there is no significant threat to the public health; with\nrespect to miniatures the commissioner shall do so, on terms and\nconditions he or she shall establish, upon a final judicial or\nadministrative finding that there is no immediate public health threat\nin that instance.\n
N.Y. ENV Law § 27-1018 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1018
Beverage container assistance program
Status: in_force

§ 27-1018. Beverage container assistance program.\n  Notwithstanding any other provision of law to the contrary, within the\nlimits of appropriations therefor, the commissioner shall make state\nassistance payments to municipalities, businesses and not-for-profit\norganizations located in the state for the cost of reverse vending\nmachines located or to be located in the state. Such state assistance\npayments shall not exceed fifty percent of the costs of equipment,\nand/or the acquisition and/or rehabilitation of real property or\nstructures located or to be located in the state related to the\ncollecting, sorting, and packaging of empty beverage containers subject\nto the provisions of this title. Such payments may include costs related\nto the establishment of redemption centers, including mobile redemption\ncenters. For the purposes of this section, municipalities and\nnot-for-profit organizations shall have the meaning as defined in\nsection 54-0101 of this chapter and businesses shall mean a dealer,\ndistributor or redemption center as defined in this title that employs\nless than fifty employees.\n
N.Y. ENV Law § 27-1015 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1015
Violations
Status: in_force

§ 27-1015. Violations.\n  1. Except as otherwise provided in this section and section 27-1012 of\nthis title, any person who shall violate any provision of this title\nshall be liable to the state of New York for a civil penalty of not more\nthan five hundred dollars, and an additional civil penalty of not more\nthan five hundred dollars for each day during which each such violation\ncontinues. Any civil penalty may be assessed following a hearing or\nopportunity to be heard.\n  2. Any distributor, deposit initiator, redemption center or dealer who\nviolates any provision of this title, except as provided in section\n27-1012 of this title, shall be liable to the state of New York for a\ncivil penalty of not more than one thousand dollars, and an additional\ncivil penalty of not more than one thousand dollars for each day during\nwhich each such violation continues. Any civil penalty may be assessed\nfollowing a hearing or opportunity to be heard.\n  3. It shall be unlawful for a distributor or deposit initiator, acting\nalone or aided by another, to return any empty beverage container to a\ndealer or redemption center for its refund value if the distributor or\ndeposit initiator had previously accepted such beverage container from\nany dealer or operator of a redemption center or if such container was\npreviously accepted by a reverse vending machine. A violation of this\nsubdivision shall be a misdemeanor punishable by a fine of not less than\nfive hundred dollars nor more than one thousand dollars and an amount\nequal to two times the amount of money received as a result of such\nviolation.\n  4. Any person who willfully tenders to a dealer, distributor,\nredemption center or deposit initiator more than forty-eight empty\nbeverage containers for which such person knows or should reasonably\nknow that no deposit was paid in New York state may be assessed by the\ndepartment a civil penalty of up to one hundred dollars for each\ncontainer or up to twenty-five thousand dollars for each such tender of\ncontainers. At each location where a person tenders containers for\nredemption, dealers and redemption centers must conspicuously display a\nsign in letters that are at least one inch in height with the following\ninformation: "WARNING:  Persons tendering for redemption containers on\nwhich a deposit was never paid in this state may be subject to a civil\npenalty of up to one hundred dollars per container or up to twenty-five\nthousand dollars for each such tender of containers." Any civil penalty\nmay be assessed following a hearing or opportunity to be heard.\n  5. The department, the department of agriculture and markets, the\ndepartment of taxation and finance and the attorney general are hereby\nauthorized to enforce the provisions of this title and all monies\ncollected shall be deposited to the credit of the environmental\nprotection fund established pursuant to section ninety-two-s of the\nstate finance law. In addition, the provisions of section 27-1005 of\nthis title and subdivisions one, two, three, four, five, ten and eleven\nof section 27-1007 of this title may be enforced by a county, city, town\nor village and the local legislative body thereof may adopt local laws,\nordinances or regulations consistent with this title providing for the\nenforcement of such provisions.\n  * 5-a. The city of New York, Nassau county and Suffolk county are\nentitled to retain twenty-five percent of all monies collected as fines\nor penalties pursuant to enforcement of section 27-1005 of this chapter.\n  * NB Repealed April 1, 2031\n  6. (a) Any person who willfully violates or directs another to violate\nthe requirements to collect or charge the refund value imposed by\nsection 27-1005 or paragraph a of subdivision nine of section 27-1012 of\nthis title on five thousand or more beverage containers in one or more\nseparate transactions within one year shall be guilty of a class B\nmisdemeanor.\n  (b) Any person, having previously been convicted of a violation of\nparagraph (a) of this section within the past three years, who willfully\nviolates or directs another to violate the requirements to collect or\ncharge the refund value imposed by section 27-1005 or paragraph a of\nsubdivision nine of section 27-1012 of this title on five thousand or\nmore beverage containers in one or more separate transactions within one\nyear shall be guilty of a class A misdemeanor.\n  (c) Any person who willfully violates or directs another to violate\nthe requirements to collect or charge the refund value imposed by\nsection 27-1005 or paragraph a of subdivision nine of section 27-1012 of\nthis title on twenty thousand or more beverage containers in one or more\nseparate transactions within one year shall be guilty of a class E\nfelony.\n  Nothing in this subdivision shall apply to common or contract carriers\nor warehousemen while engaged in lawfully transporting or storing such\ncontainers as merchandise, nor to any employee of such carrier or\nwarehouseman acting within the scope of his or her employment.\n  7. A violation of this title, except as otherwise provided in this\nsection and section 27-1012 of this title, shall be a public nuisance.\n
N.Y. PBA Law § 1226-D — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-D
Powers of the authority
Status: in_force

§ 1226-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued.\n  2. To have a seal and alter the same at pleasure.\n  3. To borrow money and issue bonds or other obligations for its\ncorporate purposes and to provide for the rights of the holders thereof.\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given to it in this title.\n  5. To enter into agreements with the water board, the board of water\nsupply and any municipality for the financing by the authority of\nprojects as herein provided.\n  6. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any property, real, personal or mixed or any\ninterest therein, as the authority may deem necessary, convenient or\ndesirable to carry out the purpose of this title, provided, however, the\nauthority shall not have the power to condemn property of the water\nboard.\n  7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials.\n  8. To appoint such officers and employees as may be required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice.\n  9. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto.\n  10. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, any municipality or the\nwater board in order to avoid duplication of effort.\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done.\n  12. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof.\n  13. To make and amend by-laws for its organization and management and\nregulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle. A copy of such rules, regulations and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the clerk of each municipality within the service area.\n  14. To enter into cooperative agreements with other authorities, the\nboard of water supply, municipalities, utility companies, individuals,\nor corporations, within or without the service area, for any lawful\npurposes necessary or desirable to effect the purposes of this title\nupon such terms and conditions as shall be determined to be reasonable.\n  15. With the consent of the chief executive officer of a municipality\nwithin the service area, to use officers and employees of such\nmunicipality and to pay a proper portion of compensation or costs for\nthe services of such officers or employees.\n  16. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  17. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. RSS Law § 389 — New York Code / Act RSS / Article 8 / Title 10 / Section 389
Twenty year retirement plan for LIRR police officers
Status: in_force

* § 389. Twenty year retirement plan for LIRR police officers. a. As\nused in this section, the following words and phrases shall have the\nfollowing meaning unless a different meaning is plainly required by the\ncontext:\n  1. "LIRR". The Long Island Railroad Company.\n  2. "LIRR police officer." A person who on or after the effective date\nof this section holds an appointment as a police officer in the LIRR\npolice department pursuant to section eighty-eight of the railroad law\nas well as any probationary police officer in that department who is\nexpected to hold such an appointment after completing the requisite\ntraining, but not including any such person unless the person's initial\nemployment with that department was in the position of such probationary\npolice officer or as a patrolman, policewoman, sergeant, lieutenant or\ndetective, or any successor title to any of the foregoing positions.\n  3. "LIRR police service." Service rendered prior to or on or after the\neffective date of this section by any LIRR police officer while serving\nonly as a LIRR police officer.\n  4. "Twenty-year plan." The twenty year retirement plan for LIRR police\nofficers as provided in this section.\n  b. Except as otherwise provided in this article, a LIRR police officer\nreferred to in paragraph three of subdivision b of section three hundred\nforty of this article or a LIRR police officer referred to in paragraph\none of subdivision c of such section who files an election pursuant to\nsubdivision d of this section shall be entitled to all retirement system\nbenefits provided to a member who participates in sections three hundred\neighty-four-d and three hundred eighty-four-e of this article and who\njoins or rejoins the retirement system on the same date as such LIRR\npolice officer joins or rejoins the retirement system (subject to the\nprovisions of subdivision c of section four hundred forty of this\nchapter).\n  c. Except as otherwise provided in this article, any provision of law\nand any regulation promulgated by the head of the retirement system,\nincluding, but not limited to, any such provision or regulation\npertaining to contributions, membership rights, benefits, service\ncredit, and procedures which are applicable to a member who joins or\nrejoins the retirement system on the same date as a LIRR police officer\njoins or rejoins the retirement system (subject to the provisions of\nsubdivision c of section four hundred forty of this chapter), as such\nmember is referred to in subdivision b of this section, and by virtue of\nsuch member's membership in the retirement system, shall, to the extent\nthat any such provision or regulation is found applicable by the head of\nthe retirement system, apply to a LIRR police officer who contributes to\nthe retirement system referred to in subdivision b of this section.\n  d. A LIRR police officer referred to in paragraph three of subdivision\nb of section three hundred forty of this article shall contribute to the\nretirement system pursuant to the schedule provided in this paragraph\nupon becoming a LIRR police officer, which rate shall thereafter not be\nchanged. A LIRR police officer referred to in paragraph one of\nsubdivision c of such section shall contribute to the retirement system\nat the rate determined pursuant to the schedule provided in this\nparagraph commencing with the effective date of this section but based\non his age when LIRR police service commenced, which rate shall\nthereafter not be changed. Except as otherwise provided in this article,\nsuch contributions shall be calculated, collected, credited and\notherwise treated by the retirement system in the same manner as are\nmember contributions and accumulated contributions under this chapter. A\nmember of the twenty year plan shall not, however, be required to\ncontribute pursuant to this paragraph after he has completed twenty\nyears of LIRR police service, nor shall such a member be permitted to\nmake contributions thereafter except as otherwise provided in this\nsection prior to the completion of twenty years of LIRR police service.\nIn the event of termination of employment with the LIRR as a LIRR police\nofficer, a member of the twenty year plan who is not vested or entitled\nto any other benefit under this section or any other provision of this\nchapter may withdraw an amount equal to his accumulated contributions\nwith interest credited thereon. In the event such membership shall\nterminate other than as a result of transfer to a public employer, any\ncontributions and interest thereon remaining to the credit of the member\nshall be refunded. For the purpose of such withdrawal or refund, the\ncontributions shall be credited with interest at the rate of five\npercent per annum. Upon withdrawal of contributions by a member pursuant\nto this paragraph, membership in the retirement system shall cease. A\nformer member who thereafter returns to employment with the LIRR as a\nLIRR police officer shall not receive any credit for previous service to\nwhich such withdrawn or refunded contributions applied unless such\nmember applies therefor and repays the amounts so withdrawn or refunded,\ntogether with interest through the date of repayment at the rate of five\npercent per annum.\n             Age at commencement of\n              LIRR police service        Percentage rate\n                      18                      5.90\n                      19                      5.70\n                      20                      5.55\n                      21                      5.35\n                      22                      5.15\n                      23                      5.00\n                      24                      4.80\n                      25                      4.65\n                      26                      4.45\n                      27                      4.30\n                      28                      4.15\n                      29                      3.95\n                      30                      3.80\n                      31                      3.65\n                      32                      3.50\n                      33                      3.35\n                      34                      3.15\n                      35 or older             3.00\n  e. In addition to such other sections of this chapter, as may pursuant\nto subdivision b of this section, apply in accordance with their terms\n(including, but not limited to, sections three hundred sixty-one, three\nhundred sixty-one-a, three hundred sixty-three, three hundred\nsixty-three-c and three hundred sixty-four), sections three hundred\nsixty-two, three hundred seventy-six, three hundred eighty-four-d, three\nhundred eighty-four-e and four hundred forty-eight of this chapter shall\napply to a LIRR police officer who is a member of the retirement system\nin accordance with this section except as otherwise provided herein, and\nprovided that LIRR police service shall be substituted for total service\ncredit, as that latter term is used in section three hundred sixty-two,\nfor total service as that term is used in section three hundred\nseventy-six, for total creditable service as that term is used in\nsection three hundred eighty-four-d, and for service as that term is\nused in sections three hundred eighty-four-e and four hundred\nforty-eight. Notwithstanding any other provision of the foregoing\nsections or of this article to the contrary, member contributions under\nsubdivision d of this section shall not entitle the member to any\nbenefit pursuant to section three hundred eighty-four-d of this article\ngreater than one-half of his final average salary after twenty years of\nLIRR police service, or, in the case of a member who has more than\ntwenty years of LIRR police service at retirement, any benefit pursuant\nto subdivision b of section three hundred eighty-four-e of this article\nfor such additional years of LIRR police service not exceeding ten, or,\nin the case of a member who has ten or more years but less than twenty\nyears of LIRR police service upon termination of service as a LIRR\npolice officer, any benefit pursuant to section three hundred\nseventy-six of this article greater than the vested retirement allowance\ndescribed in subdivision b of section three hundred seventy-six of this\narticle.\n  f. Within one hundred twenty days after the effective date of this\nsection, the sum of (a) the balance held under The Long Island Rail Road\nCompany Money Purchase Plan for the account of all LIRR police officers\nwho as of the effective date become members of the retirement system\npursuant to section three hundred forty of this article and (b) the\namount of any contributions under The Long Island Rail Road Company\nPension Plan or The Long Island Rail Road Company Plan for Additional\nPensions made by any such LIRR police officer, together with interest on\nsuch contributions in the same amount as interest would be credited\nthereto under such plans if the amount of these contributions were\nrefunded thereunder to the member involved on the date of the transfer,\nshall be transferred to the pension accumulation fund of the retirement\nsystem by the LIRR and the amount so transferred other than the account\nbalance under The Long Island Rail Road Company Money Purchase Pension\nPlan deriving from contributions thereunder by the LIRR shall be\nconsidered contributions for purposes of subdivision d of this section.\n  g. Commencing on the effective date of this section and in a manner\ndetermined by the head of the retirement system, the LIRR shall make\ncontributions to the retirement system to fund the normal cost to the\nextent not funded by member contributions and the past service liability\ncost associated with the implementation of this section to the extent\nnot funded by the amounts referred to in subdivision f of this section\nas those costs are calculated by the retirement system actuary. Such\ncontributions to fund the past service liability shall be made in level\ndollar installments over a period equal to (a) the average remaining\nworking lifetime of the members of the twenty year plan or (b) ten\nyears, at the election of the LIRR, by notice of such election to the\nretirement system together with the notice by the LIRR provided for in\nsubdivision b of section three hundred thirty-one of this article.\n  ** h. Notwithstanding any other provision of law, the LIRR shall pick\nup the member contributions required on and after the effective date of\nthis subdivision to be made under this section by LIRR police officers\nand shall do so by reducing the salary of each of its employees to which\nthis section is applicable by that amount which each such employee is\nrequired to contribute under this section. The contributions so picked\nup shall be paid by the LIRR in lieu of the member contributions to be\npaid by its employees under this section and shall be treated as\nemployer contributions in determining income tax treatment under section\nfour hundred fourteen (h) of the Internal Revenue Code. With the\nexception of federal income tax treatment, the employee contributions\npicked up or paid pursuant to this subdivision shall for all other\npurposes, including computation of retirement benefits and contributions\nby the LIRR and its employees, be deemed employee salary. Nothing\ncontained in this subdivision shall be construed as superseding the\nprovisions of section four hundred thirty-one of this chapter or any\nsimilar provision of law which limits the salary base for computing\nretirement benefits payable by a public retirement system.\n  ** NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\nand shall remain in full force and effect only so long as such treatment\nof employee contributions is authorized pursuant to the provisions of\nthe Internal Revenue Code\n  * NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\n
N.Y. SOS Law § 343 — New York Code / Act SOS / Article 5 / Title 10 / Section 343
Declaration of object
Status: in_force

§ 343.  Declaration of object.  It is hereby declared a state policy\nthat aid to dependent children be provided under the provisions of this\ntitle in every county of the state.\n
N.Y. RSS Law § 386 — New York Code / Act RSS / Article 8 / Title 10 / Section 386
Retirement of members in the Westchester county department of public safety services; closed plan
Status: in_force

§ 386. Retirement of members in the Westchester county department of\npublic safety services; closed plan. a. As used in this section, the\nfollowing words and phrases shall have the following meanings unless a\ndifferent meaning is plainly required by the context:\n  1. "County." Westchester county.\n  2. "Department." Prior to July first, nineteen hundred seventy-nine,\nthe Westchester county parkway police force; on or after July first,\nnineteen hundred seventy-nine, the Westchester county department of\npublic safety services.\n  3. "Service in such department." Full time police duty as an officer\nor member of such department, or the police department or police force\nof any city, town, village or police district in the county, or in the\ndivision of state police in the state executive department.\n  b. Any member in service in such department on January first, nineteen\nhundred fifty-eight, who elected, on or before July first, nineteen\nhundred fifty-eight, to contribute to the New York state employees'\nretirement system pursuant to the provisions of former section\neighty-six of this chapter, in effect prior to April first, nineteen\nhundred sixty-seven, shall contribute to the police and fire retirement\nsystem on the basis of retirement upon his or her:\n  1. Completion of twenty-five years of service in such department, or\n  2. Attainment of age sixty in service in such department, if prior\nthereto,\non all allowance of one-fiftieth of his final average salary for each\nyear of service in such department not in excess of twenty-five years,\nprovided such election was in writing and duly executed and filed with\nthe comptroller.\n  c. On or after January first, nineteen hundred fifty-eight, but prior\nto July first, nineteen hundred seventy, employees entering or\nre-entering service in such department:\n  1. As members of the police force shall contribute on the basis\nprovided for by this section.\n  2. Other than as members of the police force shall not be eligible to\nthe benefits of this section.\n  d. A member, who elects or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his final average salary for each\nyear of service as a member rendered on and after January first,\nnineteen hundred fifty-eight, and prior to the attainment of the age\nwhen he shall first become eligible for retirement. Such member's rate\nof contribution pursuant to this section shall be appropriately reduced\npursuant to section three hundred seventy-a of this article for such\nperiod of time as his employer contributes pursuant to such section\ntoward pensions-providing-for-increased-take-home-pay provided, however,\nthat such member may by written notice duly acknowledged and filed with\nthe comptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller. No such member shall be required to continue contributions\nafter completing twenty-five years of such service.\n  e. A member, contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of creditable service in such department or upon\nattainment of age sixty, if prior thereto, by filing an application\ntherefore in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance consisting of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n  3. A pension of one-one hundredth of his final average salary for each\nyear of service rendered:\n  (a) Since he last became a member, and\n  (b) Prior to the completion of twenty-five years of service in such\ndepartment, and\n  (c) Toward which he and his employer have contributed under this\nsection, plus\n  4. An additional pension of one-fiftieth of his final average salary,\nmultiplied by the number of years of service in such department prior to\nJanuary first, nineteen hundred fifty-eight. This pension shall be\npayable only if such member has had one or more years of service as a\nmember. The computation of this pension shall be subject to the further\nconditions that:\n  (a) The service shall be limited so that the service in such\ndepartment used as a basis for pension credit under this paragraph four\nand paragraph three of this subdivision e shall not exceed twenty-five\nyears, and\n  (b) The amount of the additional pension payable pursuant to this\nparagraph four shall not exceed the amount needed to increase the total\namount of the benefits provided under paragraphs one, two and three of\nthis subdivision e to one-half of the final average salary, plus\n  5. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of such department as provided\nunder paragraphs three and four of subdivision a of section three\nhundred seventy-five of this article. This pension shall:\n  (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service in such\ndepartment for which he receives credit under this article, and\n  (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered in such department.\n  f. The increased pensions to members of such department, as provided\nby this section, shall be paid from additional contributions made by the\ncounty on account of such members. The actuary of the police and fire\nretirement system shall compute the additional contribution for each\nmember who elects the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the police and fire retirement system for such extra\npensions. Upon the approval by the comptroller, such additional\ncontributions shall be certified by him or her to the county executive\nof the county. The amount thereof shall be included in the annual\nappropriation of the county for the Westchester county parkway police\nforce. Such amount shall be paid on the warrant of the county department\nof finance to the pension accumulation fund of the police and fire\nretirement system.\n  g. In computing the twenty-five years of completed service in such\ndepartment, full credit shall be given and full allowance shall be made\nfor service of such member in war after world war I as defined in\nsection two of this article, provided such member at the time of his\nentrance into the armed forces was in service in such department, and\nfor service in time of war during world war I and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably discharged officers, soldiers, sailors and\nmarines who were actual residents of the state at the time of their\nentry into the military service of the United States.\n  h. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\narticle shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision e of this section, may\nat the option of the member of the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n  i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. PBA Law § 1226-M — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-M
Remedies of bondholders
Status: in_force

§ 1226-m. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of Oneida\ncounty and provided or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such bonds\nfor the purpose herein provided.\n  2. Such trustee may and, upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding, shall\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to require the water board to collect fees, rates\nand charges adequate to carry out any agreement as to, or pledge of,\nsuch fees, rates and charges and to require the authority to carry out\nany other agreements with the water board and/or any municipality and/or\nthe holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in Oneida county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenue derived from the properties.\n
N.Y. PBH Law § 1370-B — New York Code / Act PBH / Article 13 / Title 10 / Section 1370-B
Advisory council on lead poisoning prevention
Status: in_force

§ 1370-b. Advisory council on lead poisoning prevention.  1. The New\nYork state advisory council on lead poisoning prevention is hereby\nestablished in the department, to consist of the following, or their\ndesignees: the commissioner; the commissioner of labor; the commissioner\nof environmental conservation; the commissioner of housing and community\nrenewal; the commissioner of children and family services; the\ncommissioner of temporary and disability assistance; the secretary of\nstate; and fifteen public members appointed by the governor. The public\nmembers shall have a demonstrated expertise or interest in lead\npoisoning prevention and at least one public member shall be\nrepresentative of each of the following: local government; community\ngroups; labor unions; real estate; industry; parents; educators; local\nhousing authorities; child health advocates; environmental groups;\nprofessional medical organizations and hospitals. The public members of\nthe council shall have fixed terms of three years; except that five of\nthe initial appointments shall be for two years and five shall be for\none year. The council shall be chaired by the commissioner or his or her\ndesignee.\n  2. Members of the advisory council shall serve without compensation\nfor their services, except that each of them may be allowed necessary\nand actual expenses which he or she shall incur in the performance of\nhis or her duties under this article.\n  3. A majority of the appointed voting membership of the council shall\nconstitute a quorum.\n  4. The council shall meet as often as may be deemed necessary to\nfulfill its responsibilities. The council shall have the following\npowers and duties:\n  (a) To develop a comprehensive statewide plan to prevent lead\npoisoning and to minimize the risk of human exposure to lead;\n  (b) To coordinate the activities of its member agencies with respect\nto environmental lead policy and the statewide plan;\n  (c) To recommend the adoption of policies with regard to the detection\nand elimination of lead hazards in the environment;\n  (d) To recommend the adoption of policies with regard to the\nidentification and management of children with elevated lead levels;\n  (e) To recommend the adoption of policies with regard to education and\noutreach strategies related to lead exposure, detection, and risk\nreduction;\n  (f) To comment on regulations of the department under this title when\nthe council deems appropriate;\n  (g) To make recommendations to ensure the qualifications of persons\nperforming inspection and abatement of lead through a system of\nlicensure and certification or otherwise;\n  (h) To recommend strategies for funding the lead poisoning prevention\nprogram, including but not limited to ways to enhance the funding of\nscreening through insurance coverage and other means, and ways to\nfinancially assist property owners in abating environmental lead, such\nas tax credits, loan funds, and other approaches; and\n  (i) To report on or before December first of each year to the governor\nand the legislature concerning the previous year's development and\nimplementation of the statewide plan and operation of the program,\ntogether with recommendations it deems necessary and the most currently\navailable lead surveillance measures, including the actual number and\nestimated percentage of children tested for lead in accordance with New\nYork state regulations, including age-specific testing requirements, and\nthe actual number and estimated percentage of children identified with\nelevated blood lead levels. Such report shall be made available on the\ndepartment's website.\n
N.Y. VAT Law § 2117-A — New York Code / Act VAT / Title 10 / Article 46 / Section 2117-A
Surrender of manufacturer's certificate of origin to a manufactured home
Status: in_force

* § 2117-a. Surrender of manufacturer's certificate of origin to a\nmanufactured home. (a) The owner or owners of a manufactured home who\npossess the manufacturer's certificate of origin to the manufactured\nhome that is affixed to a permanent foundation as provided in\nsubdivision (a) of section three hundred forty-four-b of the real\nproperty law, or which the owner or owners intend to affix to a\npermanent foundation, may surrender the manufacturer's certificate of\norigin to the manufactured home to the commissioner by filing with the\ncommissioner an application for surrender of the manufacturer's\ncertificate of origin containing or accompanied by:\n  (1) the name, residence and mailing address of the owner;\n  (2) a description of the manufactured home including, so far as the\nfollowing data exists: the name of the manufacturer, the make, the model\nname, the model year, the dimensions, and the vehicle identification\nnumber or numbers of the manufactured home and whether it is new or\nused, and any other information the commissioner requires;\n  (3) the date of purchase by the owner of the manufactured home, the\nname and address of the person from whom the home was acquired and the\nnames and addresses of any lienholders in the order of apparent\npriority;\n  (4) a statement signed by the owner, stating either, (i) any facts or\ninformation known to the owner that could reasonably affect the validity\nof the title of the manufactured home or the existence or non-existence\nof security interests in or lien on it; or (ii) that no such facts or\ninformation are known to the owner;\n  (5) the recorded original affidavit of affixation as provided by\nparagraph (iii) of subdivision (a) of section three hundred forty-four-b\nof the real property law;\n  (6) the original manufacturer's certificate of origin;\n  (7) the name and mailing address of each person wishing written\nacknowledgment of surrender from the commissioner; and\n  (8) any other information and documents the commissioner reasonably\nrequires to identify the owner of the manufactured home and to enable\nthe commissioner to determine whether the owner satisfied the\nrequirements of subdivision (a) of section three hundred forty-four-b of\nthe real property law and the owner is entitled to surrender the\nmanufacturer's certificate of origin and the existence or non-existence\nof security interests in the manufactured home.\n  (b) When satisfied as to its genuineness and regularity of the\nsurrender of the manufacturer's certificate of origin to a manufactured\nhome and upon satisfaction of the requirements of subdivision (a) of\nthis section, the commissioner shall cancel the manufacturer's\ncertificate of origin and update the commissioner's records in\naccordance with the provisions of subdivisions (g) and (h) of section\ntwenty-one hundred seven of this article and provide written\nacknowledgment of compliance with the provisions of this section to each\nperson identified in paragraph seven of subdivision (a) of this section.\n  (c) Upon satisfaction of the requirements of this section a\nmanufactured home shall be conveyed and encumbered as provided in\nsection three hundred forty-four-g of the real property law.\n  (d) Upon written request, the commissioner shall provide written\nacknowledgment of compliance with the provisions of this section.\n  * NB Effective December 12, 2026\n
N.Y. ENV Law § 37-1013 — New York Code / Act ENV / Article 37 / Title 10 / Section 37-1013
Severability
Status: in_force

§ 37-1013. Severability.\n  If any clause, sentence, paragraph, subdivision, section or part of\nthis act shall be adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair, or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, subdivision, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered. It is hereby declared to be the intent of the legislature that\nthis act would have been enacted even if such invalid provisions had not\nbeen included herein.\n
N.Y. ENV Law § 37-1015 — New York Code / Act ENV / Article 37 / Title 10 / Section 37-1015
Regulations
Status: in_force

§ 37-1015. Regulations.\n  The department may adopt any rules and regulations it deems necessary\nto implement the provisions of this title.\n
N.Y. VAT Law § 2134 — New York Code / Act VAT / Title 10 / Article 46 / Section 2134
Short title
Status: in_force

§ 2134. Short title. This article may be cited as the uniform vehicle\ncertificate of title act.\n
N.Y. ENV Law § 17-1011 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1011
Access to records and facilities
Status: in_force

§ 17-1011. Access to records and facilities.\n  1. Every owner or operator shall, upon reasonable notice of the\ncommissioner or his designee, permit a duly designated officer or\nemployee of the department at all reasonable times to have access to and\nto copy all books, papers, documents and records relating to the daily\nmeasurement and inventory of petroleum stored at a facility.\n  2. Any duly designated officer or employee of the department may, at\nreasonable times and upon reasonable notice of the commissioner or a\ndesignee, enter and inspect any facility, provided that such officer or\nemployee shall be accompanied by the owner or operator or their\ndesignee.\n
N.Y. SOS Law § 350-J — New York Code / Act SOS / Article 5 / Title 10 / Section 350-J
Emergency assistance to needy families with children
Status: in_force

§ 350-j.  Emergency assistance to needy families with children.  1.\nAny inconsistent provisions of this chapter or of any other law\nnotwithstanding, so long as federal aid is available therefor, a social\nservices district shall provide emergency assistance as herein defined\nto persons eligible, including migrant workers with families.\n  2. For purposes of this section, the term "emergency assistance" means\naid, care and services to meet the emergency needs of a child or the\nhousehold in which he or she is living, in the following circumstances:\n  (a) where the child is under twenty-one years of age; and\n  (b) the child is living with, or within the previous twelve  months\nhas lived with, an adult related by blood, marriage or adoption; and\n  (c) in cases of applications for grants of cash assistance, such child\nor such household is not categorically eligible for or receiving family\nassistance; and\n  (d) such emergency needs resulted from a catastrophic occurrence or\nfrom a situation which threatens family stability and which has caused\nthe destitution of the child and/or household; and\n  (e) such occurrence or situation could not have been foreseen by the\napplicant, was not under his or her control and, in the case of a person\nreceiving public assistance, did not result from the loss, theft or\nmismanagement of a regular public assistance grant; and\n  (f) the emergency grant being applied for will not replace or\nduplicate a public assistance grant already made under section one\nhundred thirty-one-a of this chapter.\n  3.  Emergency assistance to needy families with children shall be\nprovided to the extent of items of need and services set forth in\nsections one hundred thirty-one and one hundred thirty-one-a of this\nchapter, and items of medical services set forth in section three\nhundred sixty-five-a of this chapter, and in amounts set forth in the\nregulations of the department for children who are without available\nresources, and when such assistance is necessary to avoid destitution or\nto provide them with living arrangements in a home, and such destitution\nor such need did not arise because such children or relatives refused\nwithout good cause to accept employment or training for employment;\nprovided, however, that no assistance shall be provided which would\nduplicate assistance under sections one hundred thirty-one and one\nhundred thirty-one-a of this article for which a person is eligible or\nwould be eligible but for a sanction for violation of the requirements\nof title nine-B of article five of this chapter or other requirement of\nstate law and provided further that, notwithstanding any inconsistent\nprovision of this section or section one hundred thirty-one-a of this\narticle, persons for whom preventive services are being provided under\ntitle four of article six of this chapter or who are living in foster\ncare or in public, congregate or group facilities, such as residential\nfacilities for victims of domestic violence, may, pursuant to\nregulations of the department within amounts specifically appropriated\ntherefor and subject  to the terms and conditions of such appropriation,\nreceive assistance hereunder on their behalf for such services or for\ncare in such facilities in amounts exceeding those set forth in section\none hundred thirty-one-a of this article.\n  5.  In scheduling investigations concerning applications for emergency\nassistance pursuant to this section, local social services districts\nshall give priority to such applications.\n
N.Y. PBA Law § 1232-F — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-F
Governmental capacity of the authority and municipalities
Status: in_force

§ 1232-f. Governmental capacity of the authority and municipalities.\nThe authority, the county and the other municipalities, in carrying out\ntheir respective powers and duties under this title, shall be deemed to\nbe acting in a governmental capacity and in the performance of an\nessential governmental function.\n
N.Y. VAT Law § 2117 — New York Code / Act VAT / Title 10 / Article 46 / Section 2117
When commissioner to issue new certificate
Status: in_force

§ 2117. When commissioner to issue new certificate. (a) The\ncommissioner, upon receipt of a properly assigned certificate of title,\nwith an application for a new certificate of title, the required fee and\nany other documents required by law, shall check the identifying number\nof the vehicle against the appropriate records of vehicles required to\nbe maintained, issue a new certificate of title in the name of the\ntransferee as owner and mail it to the owner.\n  (b) The commissioner, upon receipt of an application for a new\ncertificate of title by a transferee other than by voluntary transfer,\nwith proof of the transfer, the required fee and any other documents\nrequired by law, shall check the identifying number of the vehicle\nagainst the appropriate records of vehicles required to be maintained,\nissue a new certificate of title in the name of the transferee as owner\nand mail it to the owner. If the outstanding certificate of title is not\ndelivered to the commissioner, he shall demand it from the holder\nthereof.\n  (c) The commissioner may require that any vehicle for which an\napplication for a certificate of title is made be inspected in a manner\nprescribed by him for conformity to the description given in the\napplication before he issues a certificate of title.\n
N.Y. LFN Law § 131.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 131.00
Definition of obligations
Status: in_force

§ 131.00 Definition of obligations.  As used in this title, the term\n"obligations" shall mean bonds, notes or other evidences of\nindebtedness.\n
N.Y. PBA Law § 1226-L — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-L
Bonds of the authority
Status: in_force

§ 1226-l. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, notes\nor other obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\n  (a) The aggregate principal amount of such bonds, notes or other\nobligations shall not exceed one hundred fifty million dollars\n($150,000,000), 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 one\nhundred fifty million dollars ($150,000,000) only if the present value\nof the aggregate debt service of the refunding or repayment bonds, notes\nor other obligations to be issued shall not exceed the present value of\nthe aggregate debt service of the bonds, notes or other obligations so\nto be refunded or repaid.\n  (b) Provided further that no such bonds, notes or other obligations\nthat such board has determined to be reasonably necessary to service\nmanufacturing facilities constructed or to be constructed in the service\narea after January first, two thousand fourteen shall be issued if such\nissuance would cause the aggregate principal amount of such bonds, notes\nor other obligations outstanding to exceed one hundred fifty million\ndollars. Provided, however, that upon any such refunding or repayment\nthe total aggregate principal amount of outstanding bonds, notes or\nother obligations may be greater than one hundred million fifty dollars\n($150,000,000) only if the present value of the aggregate debt service\nof the refunding or repayment bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\n  For purposes hereof, the present values of the aggregate debt service\nof the refunding or repayment bonds, notes or other obligations and of\nthe aggregate debt service of the bonds, notes or other obligations so\nrefunded or repaid, shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment bonds, notes or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes or other obligations from the payment dates thereof to the date of\nissue of the refunding or repayment bonds, notes or other obligations\nand to the price bid including estimated accrued interest or proceeds\nreceived by the authority including estimated accrued interest from the\nsale thereof. The authority shall have power and is hereby authorized to\nenter into such agreements and perform such acts as may be required\nunder any applicable federal legislation to secure a federal guarantee\nof any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds (other\nthan notes or other evidence of indebtedness) issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by a resolution of the\ncounty legislature adopted by a majority vote and approved by the county\nexecutive. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  Bonds shall be subject to such terms of redemption, bear interest at\nsuch rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more that fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe authority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  Notwithstanding the provisions of the preceding paragraph, whenever in\nthe judgment of the authority the interests of the authority will be\nserved thereby, the members of the authority, on the written\nrecommendation of the chairperson, may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters for each private or public bond\nsale conducted pursuant to a request for proposal process and\nconsideration of proposals from qualified underwriters taking into\naccount, among other things, qualifications of underwriters as to\nexperience, their ability to structure and sell authority bond issues,\nanticipated costs to the authority, the prior experience of the\nauthority with the firm, if any, the capitalization of such firms,\nparticipation of qualified minority and women-owned business enterprise\nfirms in such private or public sales of bonds of the authority and the\nexperience and ability of firms under consideration to work with\nminority and women-owned business enterprises so as to promote and\nassist participation by such enterprises.\n  The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller and the county comptroller. The authority shall annually\nprepare and approve a bond sale report which shall include the private\nor public bond sale guidelines as specified in this subdivision,\namendments to such guidelines since the last private or public bond sale\nreport, an explanation of the bond sale guidelines and amendments, and\nthe results of any sale of bonds conducted during the fiscal year. Such\nbond sale report may be a part of any other annual report that the\nauthority is required to make.\n  The authority shall annually submit its bond sale report to the state\ncomptroller and the county comptroller and copies thereof to the senate\nfinance committee and the assembly ways and means committee.\n  The authority shall make available to the public copies of its bond\nsale report upon reasonable request thereof.\n  Nothing contained in this subdivision shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, other monies or property of\nthe authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bond holders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbond holders may be amended or abrogated, the amount of bonds the\nholders of which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bond may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbond holders to appoint a trustee pursuant to this title or limiting the\nrights, duties and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the bond\nholders and providing for the rights and remedies of the bond holders in\nthe event of such default, including as a matter of right appointment of\na receiver, provided, however, that such rights and remedies shall not\nbe inconsistent with the general laws of the state and other provisions\nof this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other monies to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other monies or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, monies or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, 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 or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  9. Neither the members of the authority nor any person executing its\nbonds shall be liable personally on its bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date, or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date. Bonds so purchased shall thereupon be\ncancelled.\n
N.Y. PBH Law § 1370 — New York Code / Act PBH / Article 13 / Title 10 / Section 1370
Definitions
Status: in_force

§ 1370. Definitions. When used in this title, the following words and\nphrases shall have the following meanings, unless the context clearly\nrequires otherwise:\n  1. "Dwelling" means a building or structure or portion thereof,\nincluding the property occupied by and appurtenant to such dwelling,\nwhich is occupied in whole or in part as the home, residence or sleeping\nplace of one or more human beings and shall, without limiting the\nforegoing, include child care facilities for children under six years of\nage, kindergartens and nursery schools.\n  2. "Area of high risk" means an area designated as such by the\ncommissioner or his representative and consisting of one or more\ndwellings in which a condition conducive to lead poisoning of children\nis present.\n  3. "A condition conducive to lead poisoning" means: (i) paint or other\nsimilar surface-coating material containing lead in a condition\naccessible for ingestion or inhalation or where peeling or chipping of\nthe paint or other similar surface-coating material occurs or is likely\nto occur; and (ii) other environmental conditions which may result in\nsignificant lead exposure.\n  4. "Program" means the lead poisoning prevention program in the\ndepartment established pursuant to section thirteen hundred seventy-a of\nthis title.\n  5. "Council" means the advisory council on lead poisoning prevention\nestablished pursuant to section thirteen hundred seventy-b of this\ntitle.\n  6. "Elevated lead levels" means a blood lead level greater than or\nequal to five micrograms of lead per deciliter of whole blood or such\nlower blood lead level as may be established by the department pursuant\nto rule or regulation.\n  7. "Person" means any natural person.\n  * 8. "Owner" means and includes the owner or owners of the freehold of\nthe premises or lesser estate therein, a mortgagee or vendee in\npossession, assignee of rents, receiver, executor, trustee, lessee,\nagent, or any other person, firm or corporation, directly or indirectly\nin control of a dwelling.\n  * NB Repealed November 3, 2028\n
N.Y. VAT Law § 2105 — New York Code / Act VAT / Title 10 / Article 46 / Section 2105
Application for first certificate of title
Status: in_force

§ 2105. Application for first certificate of title. (a) The\napplication for the first certificate of title of a vehicle in this\nstate shall be made by the owner to the commissioner on the form he\nprescribes and shall contain or be accompanied by:\n  (1) The name, residence and mail address and social security number of\nthe owner;\n  (2) A description of the vehicle including, so far as the following\ndata exists: its make, year model, identifying number, type of body if a\nmotor vehicle or hull material if a vessel, and whether new or used, and\nany other information required by the commissioner;\n  (3) The date of purchase by applicant, the name and address of the\nperson from whom the vehicle was acquired and the names and addresses of\nany lienholders in the order of their apparent priority;\n  (4) A statement signed by the applicant, stating either, (i) any facts\nor information known to him that could reasonably affect the validity of\nthe title of the vehicle or the existence or non-existence of security\ninterests in it; or (ii) that no such facts or information are known to\nhim; and\n  (5) Any other information and documents the commissioner reasonably\nrequires to identify the vehicle and to enable him to determine whether\nthe owner is entitled to a certificate of title and the existence or\nnon-existence of security interests in the vehicle.\n  (b) If the application refers to a vehicle purchased from a dealer, it\nshall contain the name and address of any lienholder holding a security\ninterest created or reserved at the time of the sale and be signed by\nthe dealer as well as the owner, and the dealer shall promptly mail or\ndeliver the application to the commissioner.\n  (c) If the application refers to a vehicle last previously registered\nor licensed in another state or country, the application shall contain\nor be accompanied by:\n  (1) Any certificate of title issued by the other state or country;\n  (2) Any other information and documents the commissioner reasonably\nrequires to establish the ownership of the vehicle and the existence or\nnon-existence of security interests in it.\n  (d) If the commissioner is not satisfied as to the ownership of the\nvehicle or that there are no undisclosed security interests in it, the\ncommissioner may register the vehicle but shall either: (1) withhold\nissuance of a certificate of title until the applicant presents\ndocuments reasonably sufficient to satisfy the commissioner as to the\napplicant's ownership of the vehicle and that there are no undisclosed\nsecurity interests in it; or (2) as a condition of issuing a certificate\nof title, require the applicant to file with the commissioner a bond\nprescribed by the commissioner and executed by the applicant, and by a\nperson authorized to conduct a surety business in this state. The bond\nshall be in an amount equal to one and one-half times the value of the\nvehicle as determined by the commissioner and conditioned to indemnify\nany prior owner and lienholder and any subsequent purchaser of the\nvehicle or person acquiring any security interest in it, and their\nrespective successors in interest, against any expense, loss or damage\nby reason of the issuance of the certificate of title of the vehicle or\non account of any defect in or undisclosed security interest upon the\nright, title and interest of the applicant in and to the vehicle. Any\nsuch interested person has a right of action to recover on the bond for\nany breach of its conditions, but the aggregate liability of the surety\nto all persons shall not exceed the amount of the bond. The bond shall\nbe returned at the end of three years or prior thereto if the currently\nvalid certificate of title is surrendered to the commissioner, but it\nshall not be returned prior to the end of three years if the\ncommissioner has been notified of the pendency of an action to recover\non the bond or if the currently valid certificate of title was\nsurrendered to another state as proof of ownership to obtain a\ncertificate of title from that state. Nothing contained herein shall\nrequire the commissioner of motor vehicles to issue a certificate of\ntitle upon the presentation of a bond.\n
N.Y. PBA Law § 1230-I — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-I
Agreements among the water board, the city, municipalities and the authority for the provision of projects
Status: in_force

§ 1230-i. Agreements among the water board, the city, municipalities\nand the authority for the provision of projects. 1. The authority, the\nwater board, the city, any municipality and any other person may enter\ninto agreements for the purpose of providing for the construction and\nfinancing of a project.\n  2. Any such agreements: (a) shall describe in sufficient detail for\nreasonable identification the particular project or groups of projects\nto be financed in whole or in part by the authority, (b) shall describe\nthe plan for the financing of the cost of the construction of such\nproject, including the amount, if any, to be provided by the water board\nand the source or sources thereof, (c) shall set forth the method by\nwhich and by whom and the terms and conditions upon which moneys\nprovided by the authority shall be disbursed, (d) may require, in the\ndiscretion of the authority, the payment to the authority of the\nproceeds of any state and federal grants available to the water board,\n(e) shall provide for the establishment of user fees, rates and other\ncharges and the charging and collection thereof by the water board for\nthe use of, or services furnished, rendered or made available by such\nproject such as to provide that the water board receive revenues at\nleast sufficient, together with other revenues of the water board, if\nany, to meet the requirements of this title, (f) may provide for the\ntransfer by the city, any state agency, or by any municipality to the\nwater board pursuant to this title of ownership of any project, (g) may\nprovide for the construction and completion of such project by the city,\nany municipality or the water board and for the management, operation,\nmaintenance and repair thereof, as an integrated part of the system of\nwhich such project forms a part, subject to such terms and conditions,\nnot inconsistent with this title, which may be in the public interest\nand necessary or desirable properly and adequately to secure the holders\nof bonds of the authority, (h) shall provide for the discontinuance or\ndisconnection of the supply of water for nonpayment of fees, rates or\nother charges therefor imposed by the water board, provided such\ndiscontinuance or disconnection of any supply of water shall not be\ncarried out except in the manner and upon the notice as is required of a\nwaterworks corporation pursuant to the public service law, and (i)\nshall, in the discretion of the authority, require reports concerning\nthe project from the water board to the authority and any municipality.\n  3. If the city executes an agreement pursuant to this section,\nrelating to the financing of projects by revenue bonds, it shall have\nand shall be deemed to have annulled its power to levy user fees, rents\nand other charges on participating properties or customers for the cost\nof financing, operating and maintaining such projects under its\njurisdiction until all bonds of the authority shall have been paid or\ndischarged in accordance with the agreement and the resolution of the\nauthority authorizing such bonds. If the city has outstanding general\nobligation bonds issued for acquiring or constructing system facilities,\nwhether the bonds are payable from revenues, special assessments, or\ntaxes, it may authorize the authority pursuant to the agreement to issue\nits revenue bonds under this title for the purpose of retiring the\noutstanding bonds.\n  4. No such agreement shall be executed until the water board shall\nhave held a public hearing at which users of the project shall have had\nopportunity to be heard concerning the proposed provisions thereof.\nNotice of such hearing shall be published not less than ten nor more\nthan twenty days in advance in a newspaper or newspapers having a\ngeneral circulation in the service area as designated by the water\nboard.\n  5. Such agreement shall be effective upon the issuance by the\nauthority of bonds to finance the cost of constructing projects of the\ncity, any municipality or the water board.\n  6. Any such agreement may be amended, revised or extended by\nsupplemental agreements authorized and executed in the same manner as\nthe original agreement, provided that any such supplemental agreement\nshall not be inconsistent with the provisions of this title.\n  7. (a) Following the execution of the initial agreement by and between\nthe authority, the water board, the city, any state agency and any\nmunicipality pursuant to this section, the secretary of the water board\nshall, and following the execution of any subsequent agreement by and\nbetween the authority, the water board, any state agency, and any\nmunicipality pursuant to this section, publish a notice in substantially\nthe following form:\n      "Notice is hereby given that (here insert the parties to the\n      agreement) (has) (have) on the         day of            entered\n      into an agreement with the Niagara Falls Public Water Authority in\n      relation to the construction and financing of (here insert a brief\n      description of the project or facility to which such agreement\n      relates) pursuant to the Niagara Falls Public Water Authority act\n      for the purpose of placing its facilities on an independent basis,\n      imposing fees and rates on system users, which, together with\n      other revenues available for such purposes, if any, are sufficient\n      to pay to the authority debt service on bonds issued by the\n      authority pursuant to the agreement and for management, operation,\n      repair and maintenance of the facility (title to which is\n      transferred to the water board pursuant to the agreement). Such\n      agreement in general terms provides (here insert a brief summary\n      of the substantive provisions of such agreement). A copy of the\n      complete agreement is on file for public inspection in the office\n      of the secretary of the water board where the same may be examined\n      by any interested person during regular business hours. The\n      validity of the agreement may be hereafter contested only upon the\n      ground or grounds that: (i) such agreement violates, or the\n      performance of any provision thereof by any party thereto would\n      violate, the provisions of the state constitution or (ii) the\n      provisions of law which should have been complied with, in\n      relation to the authorization and execution thereof were not\n      substantially complied with, and an action, suit or proceeding is\n      commenced within sixty days after the date of this notice."\n  (b) The publication authorized by this subdivision shall be in a\nnewspaper or newspapers having a general circulation in the service area\nas designated by the water board.\n  (c) After the expiration of the sixty day period set forth in such\nnotice, the validity of such agreement shall be conclusively presumed\nand the validity thereof shall not thereafter be questioned by either a\nparty plaintiff or a party defendant and no court shall have\njurisdiction in any action, suit or proceeding contesting such validity.\n  (d) Neither any error nor omission in the notice of publication\nprovided for in this subdivision shall affect or impair the validity of\nan agreement executed pursuant to this section so long as the notice\nsubstantially conforms to the provisions of this section.\n
N.Y. PBA Law § 1226-J — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-J
Appropriations for purposes of water board or the authority; transfer of property to water board or authority; acquisition of property by...
Status: in_force

§ 1226-j. Appropriations for purposes of water board or the authority;\ntransfer of property to water board or authority; acquisition of\nproperty by municipality for authority; contracts with municipality. 1.\nIn addition to any powers granted to it by law, any municipality may,\nfrom time to time, appropriate by resolution sums of money for purposes\nof either the water board or the authority to defray project costs or\nany other costs and expenses of either the water board or the authority\nor to pay amounts payable or anticipated to be payable to either the\nwater board or the authority pursuant to any agreement authorized by\nthis title. Subject to the rights of bondholders, such municipality may\ndetermine if the moneys so appropriated shall be subject to repayment by\neither the water board or the authority and, in such event, the manner\nand time or times for such repayment.\n  2. Any municipality may give, grant, sell, convey, loan or license the\nuse of or lease to either the water board or to the authority any\nproperties which are useful to either the water board or the authority\nin order to carry out their powers under this title. Any such transfer\nof property shall be for such term and upon such terms and conditions,\nsubject to the rights of the holders of any bonds, as the authority and\nsuch municipality may agree, including provision for the authority to\nassume the primary responsibility for the payment of any bonds or notes\nissued by such municipality for such properties.\n  3. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by either the water\nboard, the authority or any municipality from the state may be used for\nany corporate purpose of either the water board or the authority.\n  4. One or more of the municipalities within the service area, the\nwater board and/or the authority shall have the power to contract, from\ntime to time, between or among themselves, in relation to the purchase,\nsale, production, accumulation, supply, transmission, or treatment of\nwater, and/or the construction, use, sale and/or leasing, of any water\nfacility of the water board, which contracts may include any or all of\nthe following provisions: (i) requiring the purchase by any municipality\nof specified amounts of water; (ii) requiring the use by any\nmunicipality of a water facility; (iii) limiting the right, including a\nprohibition, of any municipality to construct a water facility which\nwill serve the same, or substantially the same, function as a water\nfacility constructed or to be constructed by the municipality; (iv)\nrequiring the water board to reserve capacity in any water facility to\nassure the availability to any municipality of a specified amount of\nwater or of the use of any water facility; (v) providing for specified\nminimum periodic payments whether or not water is actually taken and\nused, or such water facility is actually used, subject to such\nlimitations, exceptions and provisions therein, and (vi) requiring any\nmunicipality to pay to the water board such amounts as shall be\nnecessary to assure the continued operation of the water board. All such\npayments shall be determined and paid in such manner and at such times\nas may be provided in such contracts.\n  5. No gift, grant, sale, conveyance, loan, contract or lease\nauthorized by this section shall be subject to referendum, permissive or\notherwise.\n
N.Y. PBA Law § 1230-F — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-F
General powers of the water board
Status: in_force

§ 1230-f. General powers of the water board. Except as otherwise\nlimited by this title, the water board 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 enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the water board to carry out\nany powers expressly given it in this title, provided nothing herein\ncontained shall authorize the water board to issue bonds, borrow money\nor otherwise contract indebtedness.\n  4. To enter into agreements with the authority, the city, any other\nmunicipality, the state, any state agency, or any person to provide a\nmeans whereby the authority or the water board shall finance the cost of\nconstructing projects, as described in the agreement, and the water\nboard may agree to assume title to any such project, and to raise\nrevenues from users through fees, rates or other service charges\nnecessary or appropriate to secure such financing and to pay the cost of\nthe construction, operation, maintenance, management and repair of any\nsuch project or the system.\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use any property, real, personal or mixed or any\ninterest therein, constituting or for use in connection with a project\nor otherwise, as the water board may deem necessary, convenient or\ndesirable to carry out the purposes of this title. In connection with\nthe acquisition of any property, the water board may assume and agree to\nperform covenants and observe the restrictions contained in any\ninstrument to which any such property is subject; and furthermore the\ncity, any municipality, the state, state agency or any person, as owner\nof any properties, which the water board is authorized to acquire, is\nhereby authorized to sell or otherwise transfer the same to the water\nboard, whereupon the water board shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof and, subject to any limitations in any agreement\nentered into pursuant to this title, to sell, lease as lessor, transfer\nor otherwise dispose of any such property or interest therein; provided,\nhowever, that any property determined by the water board to be no longer\nnecessary by the water board for use in fulfilling the purposes of the\nwater board pursuant to this title which was acquired by the water board\nfrom the city, any municipality, the state, state agency or any person\nshall be conveyed, immediately after such property has been so\ndetermined to be no longer necessary by the water board, at no cost, to\nthe city or to such municipality, the state, or such state agency from\nwhom the water board acquired such property, with the consent of the\ncity, or as may be provided otherwise in any agreement with the city\nand/or the authority, or the grantor of such property.\n  6. To acquire from the city, the authority and any municipality, title\nto any water, wastewater, or storm water facility or project.\n  7. To make and amend by-laws for its organization and management and\nthe regulation of its affairs and rules and regulations governing the\nexercise and enforcement of its powers and the fulfillment of its\npurposes under this title, including, but not limited to, the sale of\nwater, wastewater and storm water services and the collection of fees,\nrates and charges therefor, and collection, transport and treatment of\nwastewater and storm water flows and the collection of fees, rates and\ncharges therefor. A copy of such rules, regulations and by-laws, and all\namendments thereto, duly certified by the secretary of the water board\nshall be filed in the office of the city clerk.\n  8. To establish, fix, revise, charge, collect and enforce the payment\nof all fees, rates, and other service charges for the use of, or\nservices rendered by, or any commodities furnished by any system-related\nfacility so as to provide revenues which, together with other revenues\navailable to the water board, if any, shall be at least sufficient at\nall times so that such facility or facilities shall be placed on a\nself-sustaining basis in accordance with this title.\n  9. To pledge its revenues and mortgage any or all of its properties to\nsecure the obligations of the authority.\n  10. To construct, improve, maintain, develop, expand, repair, replace\nor rehabilitate any and all system facilities.\n  11. To operate and manage and to contract for the operation and\nmanagement of the facilities and properties of the water board.\n  12. To enter into contracts, and carry out the terms thereof, for the\nprovision of water, wastewater and storm water services produced or\nprovided by or through supply, transmission, distribution, treatment and\nother system-related facilities owned, leased, constructed and/or\noperated by the water board; to collect and treat wastewater through\nsystem-related facilities, to provide for storm water drainage and\ntreatment using system-related facilities, and to provide for the\ndisposal of residuals from any water, wastewater or storm water to, or\nfrom municipalities, private companies or to any person, as applicable.\n  13. To apply to the appropriate agencies and officials of federal,\nstate, and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials.\n  14. To appoint such officers, agents and employees as it may require\nfor the performance of its duties, and to fix and determine their\nqualifications, duties, and compensation, subject to the provisions of\nthe civil service law and the rules of the civil service commission of\nthe city, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contractual basis or otherwise for rendering\nmanagement, professional or technical services and advice.\n  15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the water board and to\nprepare recommendations in regard thereto.\n  16. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, the city, any\nmunicipality, any person or the authority in order to avoid duplication\nof effort.\n  17. To enter upon such lands, waters, effluent source or premises as\nin the judgment of the water board shall be necessary for the purpose of\nmaking surveys, soundings, borings, inspections and examinations to\naccomplish any purpose authorized by this title, the water board being\nliable only for actual damage done.\n  18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, from the state or\nany agency or instrumentality thereof, from any municipality, the city,\nthe authority or from any other source, for any or all of the purposes\nspecified in this title, and to comply, subject to the provisions of\nthis title, with the terms and conditions thereof.\n  19. To produce, develop, distribute, supply and sell water for\ndomestic, commercial and public purposes at wholesale or retail to any\nstate agency, municipalities, the city, utility companies, private\ncorporations, and persons or individual consumers within or without the\ncity and the service area.\n  20. To produce, develop, supply and sell wastewater and storm water\ncollection, treatment and disposal services as well as services for the\ntreatment and disposal of biosolids, sludge, grit and related materials\nfor domestic, commercial and public purposes at wholesale or retail to\nany state agency, municipalities, the city, utility companies, private\ncorporations, and persons or individual consumers within or without the\ncity and service area.\n  21. To purchase water in bulk from any person, private corporation,\nstate agency, utility company, the city or municipality when necessary\nor convenient for the operation of any water facility, wastewater\nfacility or storm water facility.\n  22. To enter into cooperative agreements with the authority, any state\nagency, other authorities, any municipality, the city, any utility\ncompany, private corporation, or person within or without the service\narea for the interconnection of facilities, the exchange or interchange\nof services and commodities or for the construction and operation and\nmaintenance of any system facility by the water board for any\nmunicipality or person having power to construct and develop a water\nfacility, wastewater facility or storm water facility, upon such terms\nand conditions as shall be determined to be reasonable including, but\nnot limited to, the reimbursement of all costs of such construction, or\nfor any other lawful purposes necessary or desirable to effect the\npurposes of this title.\n  23. To enter into agreements with the state, any state agency, any\nmunicipality, the authority, the city, or any person, in furtherance of\nthe purposes of this title as herein provided.\n  24. To examine, repair or replace any water meter, and to enter upon\nany property, upon reasonable notice in advance of such entry, for the\npurpose of such meter examination, repair or replacement as deemed\nnecessary or appropriate by the water board, and to accept an easement\nor license from the property owner therefor.\n  25. To invest moneys not required for immediate use or disbursement,\nsubject to such restrictions as may be imposed by any agreement with the\nauthority, in such obligations or deposits with such banks or trust\ncompanies as it may determine and designate, provided that any such\ndeposit with a bank or trust company shall be continuously and fully\nsecured by direct obligations of the state or the United States, or\nobligations, the principal of and interest on which are guaranteed by\nthe state or the United States, of a market value equal at all times to\nat least the amount of the deposit.\n  26. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with the authority and/or any municipality in the service\narea.\n  27. With the consent of the chief executive officer of the city or a\nmunicipality, as the case may be, to use officers and employees of the\ncity or such municipality and to pay a proper portion of compensation or\ncosts for the services of such officers or employees.\n  28. To establish, adopt, amend or cancel and issue a code of ethics,\nand such rules, regulations, permits and orders as it deems necessary,\ndesirable or convenient, for the jurisdiction, control, supervision,\npossession, operation and use of the system and its facilities and for\nthe administration and enforcement of this title.\n  29. To issue permits and orders for all users of the system and to\nenforce the rules, regulations, orders and permits of the water board\nfor all users and persons and, in the event of non-compliance therewith,\nto take any enforcement action, as may be established in the water\nboard's rules and regulations or otherwise allowed by this title.\n  30. To have jurisdiction, control, possession and supervision of the\nexisting system and any project; to maintain, operate, reconstruct and\nimprove the same as a comprehensive system and to make additions,\nbetterments and extensions thereto, and to have all the rights,\nprivileges and jurisdiction necessary or proper for carrying such power\ninto execution. No enumeration of powers in this or any other general,\nspecial or local law shall operate to restrict the meaning of this\ngeneral grant of power or to exclude other powers comprehended within\nthis general grant, except as expressly limited in this title.\n  31. To engage in any activity otherwise permitted by law which in its\njudgment would be helpful or convenient for the public or users of the\nsystem facilities and in the service of the city or its service area.\n  32. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. VAT Law § 2120 — New York Code / Act VAT / Title 10 / Article 46 / Section 2120
Assignment by lienholder
Status: in_force

§ 2120. Assignment by lienholder. (a) A lienholder may assign,\nabsolutely or otherwise, his security interest in the vehicle to a\nperson other than the owner without affecting the interest of the owner\nor the validity of the security interest, but any person without notice\nof the assignment is protected in dealing with the lienholder as the\nholder of the security interest and the lienholder remains liable for\nany obligations as lienholder until the assignee is named as lienholder\non the certificate.\n  (b) The assignee may, but need not to perfect the assignment, have the\ncertificate of title endorsed or issued with the assignee named as\nlienholder, upon delivering to the commissioner an assignment by the\nlienholder named in the certificate in the form the commissioner\nprescribes. Upon the request of the assignee the commissioner shall\nrequest the owner to deliver to the commissioner the certificate of\ntitle.\n
N.Y. PBA Law § 1230-Y — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-Y
Limited liability
Status: in_force

§ 1230-y. Limited liability. Neither the members of the governing body\nof either the water board or of the authority, nor any officer, or\nemployee thereof acting in their behalf, shall be subject to any\npersonal liability resulting from the ownership, construction,\nmaintenance or operation of any of the projects or properties of either\nthe water board or the authority or from carrying out any of the powers\nexpressly given in this title.\n
N.Y. PBA Law § 1226-Y — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-Y
Separability
Status: in_force

§ 1226-y. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 1232-N — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-N
Actions against authority
Status: in_force

§ 1232-n. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer or\nagent thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection fifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n  (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which a claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  3. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state, and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the state supreme court of the county.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nits bonds, shall be the rate prescribed by section five thousand four of\nthe civil practice law and rules. Interest on payments of principal or\ninterest on any bonds in default shall accrue at the rate or rates set\nforth in such bonds from the due date thereof until paid or otherwise\nsatisfied.\n
N.Y. PBA Law § 1226-F — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-F
General powers of the water board
Status: in_force

§ 1226-f. General powers of the water board. Except as otherwise\nlimited by this title, the water board 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 enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the water board to carry out\nany powers expressly given it in this title, provided nothing herein\ncontained shall authorize the water board to borrow money or otherwise\ncontract indebtedness.\n  4. To enter into agreements with the authority, the board of water\nsupply and any municipality to provide a means whereby the authority\nshall finance the cost of constructing projects, as described in the\nagreement, and the water board may agree to assume title to any such\nproject, and to raise revenues from users through fees, rates or other\nservice charges necessary or appropriate to secure such financing and to\npay the cost of the operation, management and repair of any such\nproject.\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use any property, real, personal or mixed or any\ninterest therein, constituting or for use in connection with a project\nor otherwise, as the water board may deem necessary, convenient or\ndesirable to carry out the purposes of this title. In connection with\nthe acquisition of any property, the water board may assume and agree to\nperform covenants and observe the restrictions contained in any\ninstrument to which any such property is subject; and furthermore the\nowner of any properties, which the water board is authorized to acquire,\nis hereby authorized to sell or otherwise transfer the same to the water\nboard, whereupon the water board shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and, subject to any limitations in any\nagreement entered into pursuant to this title, to sell, lease as lessor,\ntransfer or otherwise dispose of any such property or interest therein;\nprovided, however, that any property determined by the water board to be\nno longer necessary by the water board for use in fulfilling the\npurposes of the water board pursuant to this title which was acquired by\nthe water board from either the city or the board of water supply,\nexcept property identified at the time of transfer as being "southern\nreservoir property", shall be conveyed, immediately after such property\nhas been so determined to be no longer necessary by the water board, at\nno cost, to the city and, provided, further, that any property so\ndetermined to be no longer necessary by the water board which was\nidentified as "southern reservoir property" shall be conveyed,\nimmediately after such property has been so determined to be no longer\nnecessary by the water board, at no cost, to the city and the town of\nNew Hartford whereupon such property shall vest jointly in the city and\nthe town of New Hartford.\n  6. To acquire from any municipality, and/or the board of water supply,\ntitle to any water facility.\n  7. To make and amend by-laws for its organization and management and\nthe regulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle including the sale of water and the collection of fees, rates and\ncharges therefor. A copy of such rules, regulations and by-laws, and all\namendments thereto, duly certified by the secretary of the water board\nshall be filed in the office of the clerk of each municipality within\nthe service area.\n  8. To establish, fix, revise, charge and collect and enforce the\npayment of all fees, rates, and other service charges for the use of, or\nservices rendered by, or any commodities furnished by any water facility\nso as to provide revenues which, together with other revenues available\nto the water board, if any, shall be at least sufficient at all times so\nthat such facility or facilities shall be placed on a self-sustaining\nbasis in accordance with this title.\n  9. To pledge its revenues and mortgage any or all of its properties to\nsecure the obligations of the authority.\n  10. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities.\n  11. To operate and manage and to contract for the operation and\nmanagement of properties of the water board.\n  12. To enter into contracts, and carry out the terms thereof, for the\nprovision of water produced by supply, transmission and distribution\nfacilities constructed and/or operated by the water board, to\nmunicipalities, private water companies or to any person and to carry\nout the terms thereof.\n  13. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials.\n  14. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation, subject to the provisions of\nthe civil service law and the rules of the civil service commission of\nthe county, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional or technical services and advice.\n  15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the water board and to\nprepare recommendations in regard thereto.\n  16. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, any municipality or the\nauthority in order to avoid duplication of effort.\n  17. To enter upon such lands, waters or premises as in the judgment of\nthe water board shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the water board being liable only for actual damage done.\n  18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, from the state or\nany agency or instrumentality thereof, from any municipality, the board\nof water supply, the authority or from any other source, for any or all\nof the purposes specified in this title, and to comply, subject to the\nprovisions of this title, with the terms and conditions thereof.\n  19. To produce, develop, distribute, supply and sell water for\ndomestic, commercial and public purposes at wholesale or retail to\npublic authorities, municipalities, the board of water supply, utility\ncompanies, private corporations, and persons or individual consumers\nwithin or without the service area.\n  20. To purchase water in bulk from any person, private corporation,\npublic authority, utility company, the board of water supply or\nmunicipality when necessary or convenient for the operation of any water\nfacility.\n  21. To enter into cooperative agreements with the authority, other\nauthorities, any municipality, the board of water supply, any utility\ncompany, private corporation or person within or without the service\narea for the interconnection of facilities, the exchange or interchange\nof services and commodities or for the construction and operation and\nmaintenance of a water facility by the water board for any municipality\nhaving power to construct and develop a water facility, upon such terms\nand conditions as shall be determined to be reasonable including but not\nlimited to the reimbursement of all costs of such construction, or for\nany other lawful purposes necessary or desirable to effect the purposes\nof this title.\n  22. To enter into agreements with the authority and any municipality\nor the board of water supply, as herein provided.\n  23. To replace residential water service pipes containing lead and\nrunning from the curb box at a homeowner's property to the water meter\nin the residence and to accept an easement from the homeowner therefor.\n  24. To invest moneys not required for immediate use or disbursement,\nsubject to such restrictions as may be imposed by any agreement with the\nauthority, in such obligations or deposits with such banks or trust\ncompanies as it may determine and designate, provided that any such\ndeposit with a bank or trust company shall be continuously and fully\nsecured by direct obligations of the state or the United States of\nAmerica, or obligations, the principal of and interest on which are\nguaranteed by the state or the United States of America, of a market\nvalue equal at all times to at least the amount of the deposit.\n  25. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with the authority and/or any municipality in the service\narea.\n  26. With the consent of the chief executive officer of a municipality\nwithin the service area, to use officers and employees of such\nmunicipality and to pay a proper portion of compensation or costs for\nthe services of such officers or employees.\n  27. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  28. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBH Law § 1375 — New York Code / Act PBH / Article 13 / Title 10 / Section 1375
Enforcement agencies
Status: in_force

§ 1375. Enforcement agencies.  1. The commissioner's designee having\njurisdiction, county and city commissioners of health and local housing\ncode enforcement agencies designated by the commissioner's designee\nhaving jurisdiction or county or city commissioner of health shall have\nthe same authority, powers and duties within their respective\njurisdictions as has the commissioner under the provisions of this\ntitle.\n  2. The commissioner or his representative and an official or agency\nspecified in subdivision one of this section may request and shall\nreceive from all public officers, departments and agencies of the state\nand its political subdivisions such cooperation and assistance as may be\nnecessary or proper in the enforcement of the provisions of this title.\n  3. Nothing contained in this title shall be construed to alter or\nabridge any duties and powers now or hereafter existing in the\ncommissioner, county boards of health, city and county commissioners of\nhealth, the New York City department of housing preservation and\ndevelopment and the department of health, local boards of health or\nother public agencies or public officials, or any private party.\n
N.Y. RSS Law § 383-D — New York Code / Act RSS / Article 8 / Title 10 / Section 383-D
Alternative retirement benefits for university police officers appointed by the state university
Status: in_force

§ 383-d. Alternative retirement benefits for university police\nofficers appointed by the state university. a. As used in this section,\nthe term "university police officer" shall mean a person who is so\nappointed pursuant to paragraph l of subdivision two of section three\nhundred fifty-five of the education law.\n  b. Notwithstanding any other provision of law providing for transfers\nbetween retirement systems, any university police officer in the service\nof the state university who is a member of the New York state employees'\nretirement system may transfer to the New York state and local police\nand fire retirement system and shall receive credit pursuant to and be\nentitled to the retirement benefits afforded in accordance with this\nsection. Upon any such transfer the member shall be entitled to the\namount of service which would have been deemed creditable had such\nmember been subject to such system during the course of his or her\nmembership within such system. Contributions to such system shall be\nmade in accordance with appropriate provisions of law relating thereto.\nApplication for such transfer must be made to the state comptroller on\nor before December thirty-first, two thousand fifteen. The provisions of\nsection three hundred forty-three of this article shall apply to any\nmember making application for transfer under this subdivision.\n  c. Any university police officer in the service of the state\nuniversity who elects or is required to contribute under this section\nshall contribute to the New York state and local police and fire\nretirement system on the basis of retirement upon his or her:\n  1. Completion of twenty-five years of total creditable service; or\n  2. Attainment of age sixty as a university police officer in the\nservice of the state university, if prior thereto, on an allowance of\none-fiftieth of his or her final average salary for each year of total\ncreditable service not in excess of twenty-five years. Such election\nshall be in writing and shall be duly executed and filed with the\ncomptroller.\n  d. Every employee entering or re-entering service as a university\npolice officer in the service of the state university on or after the\neffective date of this section shall contribute on the basis provided\nfor by this section.\n  e. A member who is required to contribute in accordance with this\nsection shall contribute, in lieu of the proportion of compensation as\nprovided in section three hundred twenty-one of this article, a\nproportion of his or her compensation similarly determined. Such latter\nproportion shall be computed to provide at the time when he or she shall\nfirst become eligible for retirement under this section, an annuity\nequal to one-one hundredth of his or her final average salary for each\nyear of service as a member prior to the attainment of the age when he\nor she shall first become eligible for retirement. Such member's rate of\ncontribution pursuant to this section shall be appropriately reduced\npursuant to section three hundred seventy-a of this article for such\nperiod of time as his or her employer contributes pursuant to such\nsection toward pensions-providing-for-increased-take-home-pay. No such\nmember shall be required to continue contributions after completing\ntwenty-five years of such service.\n  f. A member contributing on the basis of this section, at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service or upon the attainment of\nage sixty by filing an application therefor in a manner similar to that\nprovided in section three hundred seventy of this article. He or she\nshall receive, on retirement, a retirement allowance consisting of:\n  1. An annuity which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement, plus\n  2. A pension which, together with such annuity and a pension which is\nthe actuarial equivalent of the reserve-for-increased-take-home-pay to\nwhich he or she may then be entitled, if any, shall equal one-fiftieth\nof his or her final average salary for each year of creditable service\nin such service. This pension shall not exceed the amount needed to make\nthe total amount of the benefits provided under this paragraph and\nparagraph one of this subdivision equal to one-half of final average\nsalary.\n  3. An additional pension equal to the pension for any creditable\nservice rendered while not employed as a university police officer in\nthe service of the state university as provided under paragraphs two and\nthree of subdivision a of section three hundred seventy-five of this\narticle. This pension shall:\n  (i) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service as a\nuniversity police officer in the service of the state university for\nwhich he or she receives credit under this article, and\n  (ii) Not increase the total allowance to more than he or she would\nhave received had his or her total service been rendered as a university\npolice officer in the service of the state university. For the purpose\nonly of determining the amount of the pension provided herein, the\nannuity shall be computed as it would be:\n  (A) if not reduced by the actuarial equivalent of any outstanding\nloan, and\n  (B) if not increased by the actuarial equivalent of any additional\ncontributions, and\n  (C) if not reduced by reason of the member's election to decrease his\nor her annuity contributions to the retirement system in order to apply\nthe amount of such reduction in payment of his or her contributions for\nold-age and survivors insurance coverage.\n  g. The increased pensions to a university police officer in the\nservice of the state university, as provided by this section, shall be\npaid from additional contributions made by the state on account of such\nmembers.  The actuary of the retirement system shall compute the\nadditional contribution of each member who elects to receive the special\nbenefits provided under this section. Such additional contributions\nshall be computed on the basis of contributions during the prospective\nservice of such member which will cover the liability of the retirement\nsystem for such extra pensions. Upon approval by the comptroller, such\nadditional contributions shall be certified by him or her to the\nchancellor of the state university. The amount thereof shall be included\nin the annual appropriation of the state for the state university. Such\namount shall be paid on the warrant of the comptroller to the pension\naccumulation fund of the retirement system.\n  h. In computing the twenty-five years of completed service of a\nuniversity police officer in the service of the state university, full\ncredit shall be given and full allowance shall be made for service of\nsuch member in war after World War I as defined in section two of this\nchapter, provided such member at the time of his of her entrance into\nthe armed forces was in state service, and full credit and full\nallowance shall be made for service as a university peace officer prior\nto the effective date of chapter four hundred twenty-four of the laws of\nnineteen hundred ninety-eight.\n  i. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n  j. Notwithstanding any provision of subdivision d, e or i of this\nsection to the contrary, a member who is in the collective negotiating\nunit designated as the agency police services unit and established\npursuant to article fourteen of the civil service law and who has\nelected or is required to contribute in accordance with this section\nmay, on or before March thirty-first, two thousand sixteen, elect to\ncome under the provisions of section three hundred seventy-five-h of\nthis article. Such election shall be duly executed and filed with the\ncomptroller.\n  k. Commencing with the effective date of this section and in a manner\ndetermined by the head of the retirement system, the state, as employer,\nshall make contributions to the retirement system to fund the past\nservice liability costs associated with the implementation of this\nsection as those costs are calculated by the retirement system actuary.\nSuch contributions may, at the election of the employer, be amortized\nover a ten year period.\n
N.Y. SOS Law § 458-B — New York Code / Act SOS / Article 6 / Title 10 / Section 458-B
Kinship guardianship assistance payments
Status: in_force

§ 458-b. Kinship guardianship assistance payments. 1. A child is\neligible for kinship guardianship assistance payments under this title\nif the social services official determines the following:\n  (a) The child has been in foster care for at least six consecutive\nmonths in the home of the prospective relative guardian; and\n  (b) The child being returned home or adopted are not appropriate\npermanency options for the child; and\n  (c) The child demonstrates a strong attachment to the prospective\nrelative guardian and the prospective relative guardian has a strong\ncommitment to caring permanently for the child; and\n  (d) That age appropriate consultation has been held with the child,\nprovided however with respect to a child who has attained fourteen years\nof age, that the child has been consulted regarding the kinship\nguardianship arrangement, and with respect to a child who has attained\neighteen years of age, that the child has consented to the kinship\nguardianship arrangement.\n  (e) (i) If the child has been placed into foster care pursuant to\narticle ten or ten-C of the family court act, that both the fact finding\nhearing pursuant to section one thousand fifty-one of the family court\nact or section one thousand ninety-five of the family court act,\nrespectively, and the first permanency hearing pursuant to paragraph two\nof subdivision (a) of section one thousand eighty-nine of the family\ncourt act have been completed; or\n  (ii) for all the other children, that the first permanency hearing has\nbeen completed.\n  (f) The financial status of the prospective relative guardian shall\nnot be considered in determining eligibility for kinship guardianship\nassistance payments.\n  1-a. A child shall remain eligible for kinship guardianship assistance\npayments under this title when a successor guardian as defined in\nsubdivision six of section four hundred fifty-eight-a of this title\nassumes care and guardianship of the child.\n  2. (a) A prospective relative guardian who has been caring for an\neligible foster child for at least six consecutive months and who\nintends to seek guardianship or permanent guardianship of the child may\napply to the social services official who has custody, care and custody,\nor guardianship and custody of the child to receive kinship guardianship\nassistance payments, non-recurring guardianship payments, and other\napplicable services and payments available under this title on behalf of\nthe child.\n  (b) Applications shall only be accepted prior to issuance of letters\nof guardianship of the child to the relative guardian pursuant to the\nprovisions of the family court act or the surrogate's court procedure\nact.\n  (c) Notwithstanding any other provision of law to the contrary, a\nprospective relative guardian and any person over the age of eighteen\nliving in the home of the prospective relative guardian who has not\nalready been subject to a national and state criminal history record\ncheck pursuant to section three hundred seventy-eight-a of this article\nas part of the process of the prospective relative guardian becoming a\ncertified or approved foster parent must complete such a record check in\naccordance with the procedures and standards set forth in such section\nprior to the social services official acting upon the application. The\nsocial services official must inquire of the office of children and\nfamily services whether each prospective relative guardian and each\nperson over the age of eighteen living in the home of the prospective\nrelative guardian has been or is currently the subject of an indicated\nreport of child abuse or maltreatment on file with the statewide central\nregister of child abuse and maltreatment and, if the prospective\nrelative guardian or any other person over the age of eighteen residing\nin the home of the prospective relative guardian resided in another\nstate in the five years preceding the application, request child abuse\nand maltreatment information maintained by the child abuse and\nmaltreatment registry from the applicable child welfare agency in each\nsuch state of previous residence, if such a request has not been made as\npart of the process of the prospective relative guardian becoming a\ncertified or approved foster parent.\n  (d) (i) Notwithstanding any other provision of law to the contrary,\nprior to the social services official approving a prospective successor\nguardian to receive payments pursuant to this title in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of this section:\n(1) the social services official must complete a national and state\ncriminal history record check pursuant to subdivision two of section\nthree hundred seventy-eight-a of this article for the prospective\nsuccessor guardian and any person over the age of eighteen living in the\nhome of the prospective successor guardian, in accordance with the\nprocedures and standards set forth in such subdivision; and (2) the\nsocial services official must inquire of the office of children and\nfamily services, in accordance with section four hundred twenty-four-a\nof this article, whether each prospective successor guardian and each\nperson over the age of eighteen living in the home of the prospective\nsuccessor guardian has been or is currently the subject of an indicated\nreport of child abuse or maltreatment on file with the statewide central\nregister of child abuse and maltreatment and, if the prospective\nsuccessor guardian or any other person over the age of eighteen residing\nin the home of the prospective successor guardian resided in another\nstate in the five years preceding the inquiry, request child abuse and\nmaltreatment information maintained by the child abuse and maltreatment\nregistry from the applicable child welfare agency in each such state of\nprevious residence.\n  (ii) It shall be the duty of the prospective successor guardian to\ninform the social services official that has entered into an agreement\nwith the relative guardian for payments under this title in writing of\nthe death or incapacity of the relative guardian and of the prospective\nsuccessor guardian's desire to enforce the provisions in the agreement\nthat authorize payment to him or her in the event of the death or\nincapacity of the relative guardian.\n  (iii) The clearances requires by subparagraph (i) of this paragraph\nshall be conducted following receipt by the social services official of\nthe written communication required by subparagraph (ii) of this\nparagraph.\n  3. If the social services official determines that the child is\neligible for kinship guardianship assistance payments and it is in the\nbest interests of the child for the relative to become the legal\nguardian of the child, the social services official shall enter into an\nagreement with the prospective relative guardian authorizing the\nprovision of kinship guardianship assistance payments, non-recurring\nguardianship payments, and other services and payments available under\nthis title subject to the issuance by the court of letters of\nguardianship of the child to the prospective relative guardian and the\nchild being finally discharged from foster care to such relative. In\ndetermining whether it is in the best interests of the child for the\nrelative to become the relative guardian of the child, the social\nservices official must determine and document that compelling reasons\nexist for determining that the return home of the child and the adoption\nof the child are not in the best interests of the child and are,\ntherefore, not appropriate permanency options. A copy of the fully\nexecuted agreement must be provided by the social services official to\nthe prospective relative guardian.\n  4. (a) Payments and eligibility for services under this title shall be\nmade pursuant to a written agreement between the social services\nofficial and the prospective relative guardian.\n  (b) The written agreement shall specify, at a minimum: the amount of,\nand manner in which, each kinship guardianship assistance payment will\nbe provided under the agreement; the manner in which the payments may be\nadjusted periodically, in consultation with the relative guardian, based\non the circumstances of the relative guardian and the needs of the\nchild; the additional services and assistance that the child and the\nrelative guardian will be eligible for under the agreement, which shall\nbe limited to the additional services and assistance set forth in this\ntitle; the procedures by which the relative guardian may apply for\nadditional services, as needed; that the social services official will\npay the total cost of nonrecurring expenses associated with obtaining\nlegal guardianship of the child, to the extent the total cost does not\nexceed two thousand dollars in accordance with section four hundred\nfifty-eight-c of this title; and, that the agreement will remain in\neffect regardless of the state of residence of the relative guardian at\nany time.\n  (c) The agreement must be fully executed prior to the issuance of\nletters of guardianship of the child to the relative guardian in order\nfor the child to be eligible for payments and services under this title.\n  (d) Payments pursuant to this section may be made by direct deposit or\ndebit card, as elected by the recipient, and administered\nelectronically, and in accordance with section twenty-one-a of this\nchapter and with such guidelines as may be set forth by regulation of\nthe office of children and family services. The office of children and\nfamily services may enter into contracts on behalf of local social\nservices districts for such direct deposit or debit card services in\naccordance with section twenty-one-a of this chapter.\n  (e) The original kinship guardianship assistance agreement executed in\naccordance with this section and any amendments thereto may name an\nappropriate person to act as a successor guardian for the purpose of\nproviding care and guardianship for a child in the event of death or\nincapacity of the relative guardian. Nothing herein shall be deemed to\nrequire the relative guardian to name a prospective successor guardian\nas a condition for the approval of a kinship guardianship assistance\nagreement.\n  (f) A fully executed agreement between a relative guardian and a\nsocial services official may be amended to add or modify terms and\nconditions mutually agreeable to the relative guardian and the social\nservices official, including the naming of an appropriate person to\nprovide care and guardianship for a child in the event of death or\nincapacity of the relative guardian.\n  (g) The social services official shall inform the relative guardian of\nthe right to name an appropriate person to act as a successor guardian\nin the original kinship guardianship assistance agreement or through an\namendment to such agreement.\n  (h) A fully executed agreement between a relative guardian or a\nsuccessor guardian and a social services official may be terminated if:\n  (i) in accordance with paragraph (b) of subdivision seven of this\nsection, a social services official has determined that a relative\nguardian or a successor guardian is no longer legally responsible for\nthe support of the child; or\n  (ii) following the death or permanent incapacity of a relative\nguardian, all prospective successor guardians named in such agreement\nwere not approved by the social services district pursuant to\nsubparagraph (ii) of paragraph (b) of subdivision five of this section.\n  5. (a) Once the prospective relative guardian with whom a social\nservices official has entered into an agreement under subdivision four\nof this section has been issued letters of guardianship for the child\nand the child has been finally discharged from foster care to such\nrelative, a social services official shall make monthly kinship\nguardianship assistance payments for the care and maintenance of the\nchild.\n  (b) (i) In the event of death or incapacity of a relative guardian, a\nsocial services district shall make monthly kinship guardianship\nassistance payments for the care and maintenance of a child to a\nsuccessor guardian that has been approved pursuant to subparagraph (ii)\nof this paragraph.\n  (ii) Following the death or incapacity of the relative guardian, a\nsocial services official shall approve a prospective successor guardian\nthat is named in the agreement between the relative guardian and a\nsocial services official for payments under this title and that has been\nawarded guardianship or permanent guardianship of the child by the court\nunless, based on the results of the clearances required by paragraph (d)\nof subdivision two of this section, the social services official has\ndetermined that approval of the prospective successor guardian is not\nauthorized or appropriate. Provided however, that no approval can be\nissued pursuant to this paragraph unless the prospective successor\nguardian has been awarded guardianship or permanent guardianship of the\nchild by the court and the clearances required by paragraph (d) of\nsubdivision two of this section have been conducted.\n  (iii) Notwithstanding any other provision of law to the contrary, if a\nprospective successor guardian assumes care of the child prior to being\napproved pursuant to subparagraph (ii) of this paragraph, payments under\nthis title shall be made once a prospective guardian is approved\npursuant to such subparagraph retroactively from: (1) in the event of\ndeath of the relative guardian, the date the successor guardian assumed\ncare of the child or the date of death of the relative guardian,\nwhichever is later; or (2) in the event of incapacity of the relative\nguardian, the date the successor guardian assumed care of the child or\nthe date of incapacity of the relative guardian, whichever is later.\n  (c) In the event that a successor guardian assumed care and was\nawarded guardianship or permanent guardianship of a child due to the\nincapacity of a relative guardian and the relative guardian is\nsubsequently awarded or resumes guardianship or permanent guardianship\nof such child and assumes care of such child after the incapacity ends,\na social services official shall make monthly kinship guardianship\nassistance payments for the care and maintenance of the child to the\nrelative guardian, in accordance with the terms of the fully executed\nwritten agreement.\n  6. The amount of the monthly kinship guardianship assistance payment\nmade pursuant to this section shall be determined pursuant to\nregulations of the office. The amount of the monthly payment shall not\nbe less than seventy-five per centum of the applicable board rate nor\nmore than one hundred per centum of such rate as determined by the\nsocial services district in accordance with the regulations of the\noffice; provided, however, that the rate chosen by the social services\ndistrict shall be equal to the rate used by the district for adoption\nsubsidy payments under section four hundred fifty-three of this article.\nThe social services official shall consider the financial status of the\nprospective relative guardian or relative guardian only for the purpose\nof determining the amount of the payments to be made.\n  7. (a) Kinship guardianship assistance payments shall be made to the\nrelative guardian or guardians until the child's eighteenth birthday or\nuntil the child attains twenty-one years of age provided the child\nconsented upon attaining the age of eighteen and is: (i) completing\nsecondary education or a program leading to an equivalent credential;\n(ii) enrolled in an institution which provides post-secondary or\nvocational education; (iii) employed for at least eighty hours per\nmonth; (iv) participating in a program or activity designed to promote,\nor remove barriers to, employment; or (v) incapable of any of such\nactivities due to a medical condition, which incapability is supported\nby regularly updated information in the case plan of the child.\n  (b) (i) Notwithstanding paragraph (a) of this subdivision, and except\nas provided for in paragraph (b) of subdivision five of this section, no\nkinship guardianship assistance payments may be made pursuant to this\ntitle if the social services official determines that the relative\nguardian is no longer legally responsible for the support of the child,\nincluding if the status of the legal guardian is terminated or the child\nis no longer receiving any support from such guardian. In accordance\nwith the regulations of the office, a relative guardian who has been\nreceiving kinship guardianship assistance payments on behalf of a child\nunder this title must keep the social services official informed, on an\nannual basis, of any circumstances that would make the relative guardian\nineligible for such payments or eligible for payments in a different\namount.\n  (ii) Notwithstanding paragraph (a) of this subdivision, and except as\nprovided for in paragraph (c) of subdivision five of this section, no\nkinship guardianship assistance payments may be made pursuant to this\ntitle to a successor guardian if the social services official determines\nthat the successor guardian is no longer legally responsible for the\nsupport of the child, including if the status of the successor guardian\nis terminated or the child is no longer receiving any support from such\nguardian. A successor guardian who has been receiving kinship\nguardianship assistance payments on behalf of a child under this title\nmust keep the social services official informed, on an annual basis, of\nany circumstances that would make the successor guardian ineligible for\nsuch payments or eligible for payments in a different amount.\n  8. The placement of the child with the relative guardian or successor\nguardian and any kinship guardianship assistance payments made on behalf\nof the child under this section shall be considered never to have been\nmade when determining the eligibility for adoption subsidy payments\nunder title nine of this article of a child in such legal guardianship\narrangement.\n
N.Y. RSS Law § 384-C — New York Code / Act RSS / Article 8 / Title 10 / Section 384-C
Additional pension benefits for certain police officers after twenty-five years of service
Status: in_force

§ 384-c. Additional pension benefits for certain police officers after\ntwenty-five years of service. a. In the event a member of the police\nforce of the city of Glen Cove, in the county of Nassau, who is\ncontributing to the retirement system, shall continue in service after\ntwenty-five years of total creditable police service under such section\nin such force, he or she shall receive, upon retirement, in addition to\nthe amount of any retirement allowance he or she would otherwise be\nentitled to receive, pursuant to the applicable provisions of this\nchapter, an additional pension for such service of one-sixtieth of his\nor her final average salary for each completed additional year of\nservice after twenty-five years. The participating employer in the case\nof any police officer eligible for the additional pension benefit\nprescribed by this section shall make additional contributions to the\nappropriate fund of the retirement system necessary to pay the\ndifference between the amounts prescribed by this section and the amount\nthe member would otherwise be entitled to receive at the time of his or\nher retirement.\n  b. The service in the police force of any member of such force, to be\neligible for the additional pension credit under this section shall be\nterminated and he shall be retired on or before the first day of the\ncalendar month next succeeding his attainment of age sixty-two provided,\nhowever, that in the case of the chief of such force who has attained\nthe age of sixty-two on or before September first, nineteen hundred\nsixty-six, to be eligible for additional pension credit under this\nsection, his service shall be terminated and he shall be retired on or\nbefore August thirty-first, nineteen hundred seventy.\n  Notwithstanding the foregoing, during the period terminating August\nthirty-first, nineteen hundred seventy, such chief shall be retired on\nthe first day of the calendar month next succeeding his attainment of\nage seventy; provided that service rendered by such chief after\nattaining age sixty-five shall not be used to provide additional\nbenefits, except that the salary paid for such service may be used in\nthe computation of benefits.\n  c. The provisions of subdivisions f, g and h of section eighty-four of\nthis chapter shall not be applicable to the city of Glen Cove in the\ncounty of Nassau.\n
N.Y. PBA Law § 1949-J — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-J
Separability
Status: in_force

§ 1949-j. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n