FrankGoortani/open-us-law huggingface dataset:
N.Y. EXC Law § 957 — New York Code / Act EXC / Article 45-A / Section 957
Temporary statewide health advisory board
Status: in_force

* § 957. Temporary statewide health advisory board. 1. There is hereby\ncreated in the executive department a temporary statewide health\nadvisory board, hereafter referred to in this section as the "board",\nwhich shall consist of the commissioner of health, the commissioner of\nsocial services, the superintendent of insurance, and the director of\nthe division of the budget, or their designees, plus two additional\nmembers appointed by the governor and six additional members with\nexpertise in the delivery of medical care, provision of health and\nhealth related services, health care financing, labor issues, health\nconsumer affairs, and/or employer issues who shall be appointed as\nfollows: two members by the temporary president of the senate; two\nmembers by the speaker of the assembly; one member by the minority\nleader of the senate and one member by the minority leader of the\nassembly. All such appointments shall be made by April first, nineteen\nhundred ninety-four. The commissioner of health and the superintendent\nof insurance shall serve as co-chairmen of the board.\n  2. Vacancies to the board shall be filled in the same manner as the\nmember whose vacancy is being filled was appointed.\n  3. The members of the board shall receive no compensation for their\nservices as members, but shall be allowed their actual and necessary\nexpenses incurred in the performance of their duties.\n  4. State agencies shall cooperate with the board in implementation of\nits functions.\n  5. The board is hereby authorized and directed to:\n  (a) review all applications for grants authorized pursuant to section\ntwenty-eight hundred fourteen of the public health law and advise the\ncommissioner of health concerning their appropriateness;\n  (b) review all proposals submitted by applicants funded pursuant to\nsection twenty-eight hundred fourteen of the public health law to\noperate a health network containing a reimbursement component, global\nbudget, or a health care demonstration;\n  (c) make recommendations to the commissioner of health for\nauthorization of such proposals;\n  (d) make recommendations to the governor and the legislature\nconcerning the waiver, modification or suspension of the requirements of\nany provisions of law or regulation to effectuate any global budget, or\nhealth care demonstration approved pursuant to this chapter and other\nchanges in the health care delivery system; and\n  (e) make recommendations to the governor and legislature to promote\nthe conversion or retraining of hospital employees to other health care\noccupations, as may be necessary, as a result of demonstrations proposed\nin this chapter.\n  6. Any proposal to operate a health network, global budget, or a\nhealth care demonstration not recommended for approval by the board\npursuant to this chapter shall not be authorized to operate by the\ncommissioner of health.\n  * NB Expired June 30, 1996\n
N.Y. DEA Law § 119 — New York Code / Act DEA / Article 9 / Section 119
Repealer; continuity of commission and local offices
Status: in_force

§ 119. Repealer; continuity of commission and local offices. Article\nsixteen of the executive law, as added by chapter six hundred ninety of\nthe laws of nineteen hundred fifty, is hereby repealed. The commission\nand all local offices established pursuant to this act and all local\noffices in existence on the date this act shall take effect shall,\nsubject to the provisions of this act, be deemed continuations of the\nstate civil defense commission and local offices established pursuant to\nsuch former article sixteen of the executive law and such commission and\nlocal offices are hereby continued. All appropriations and allocations\nheretofore made available to the state civil defense commission and all\nappropriations heretofore made by any political subdivision pursuant to\nsuch article sixteen are hereby made available hereunder. All plans,\nregulations, orders, and other actions taken and obligations incurred\npursuant to such article shall continue with full force and effect as\nplans, regulations, orders, actions and obligations hereunder.\n
N.Y. TWN Law § 208-A — New York Code / Act TWN / Article 12 / Section 208-A
Acquisition of land for proposed district
Status: in_force

§ 208-a. Acquisition of land for proposed district. Upon the adoption\nof a resolution, subject to a permissive referendum, the town board may\nacquire in the name of the town any lands or rights therein for use by a\nfuture district or districts, of one or more types, or extensions\nthereof in such town.\n  Any acquisition of such lands or rights therein as herein authorized\nshall be for the purposes of one or more improvement districts or\nextensions thereof proposed to be established in such town, and after\nthe establishment thereof such lands shall be utilized for such\npurposes; provided, however, that in the event such district, districts\nor extensions thereof are not created or the property becomes unsuitable\nor undesirable for such district purposes, the property may be used for\nother town purposes, if practicable so to do, and if not, the property\nmay be sold and disposed of in the same manner as town property no\nlonger needed for town purposes.\n  2. The expense of any improvement authorized pursuant to this section\nshall be a town charge and shall be assessed, levied and collected in\nthe same manner and at the same time as other town charges; provided,\nhowever, that nothing herein contained shall be construed to prevent the\nfinancing in whole or in part, pursuant to the local finance law, of any\nimprovement authorized pursuant to this section. Any such improvement\nshall be deemed to be a district or special improvement authorized by\narticle twelve or twelve-A of this chapter within the meaning of\nparagraph b of section 35.00 of the local finance law.\n  3. The town board may authorize the use of any property or rights\ntherein acquired pursuant to this section by any district, districts or\nextensions thereof, thereafter established in such town, in the manner\nprovided in section two hundred eight of this chapter, provided the\nexpense of such acquisition or the proportionate share of the expense as\nshall be allocated to a district or extension thereof by the town board,\ntogether with the expense of the construction of the original\nimprovement for such district or extension, shall not exceed the maximum\namount authorized to be expended in such district or extension.\nWhenever the town board shall authorize the use of any property or right\ntherein acquired pursuant to this section by any district, districts or\nextension thereof, the same shall be deemed to be a part of the\nimprovement authorized by such district or extension thereof and the\nentire cost of such acquisition and the maintenance thereof as\napportioned to such district or extension, shall be deemed to be a part\nof the cost of such improvement and shall be assessed, levied and\ncollected in the same manner as other charges against such district or\nextension.\n
N.Y. BNK Law § 9-A — New York Code / Act BNK / Article 1 / Section 9-A
Defense of ultra vires
Status: in_force

§ 9-a. Defense of ultra vires.\n  No act of a corporation formed under this chapter, or of a corporation\nformed under any other statute or special act having as its purpose or\namong its purposes a purpose for which a corporation may be formed under\nthis chapter, and no transfer of real or personal property to or by such\na corporation, otherwise lawful, shall be invalid by reason of the fact\nthat the corporation was without capacity or power to do such act or to\nmake or receive such transfer, but such lack of capacity or power may be\nasserted:\n  1. In an action by a stockholder or member against the corporation to\nenjoin the doing of any act or the transfer of real or personal property\nby or to the corporation. If the unauthorized act or transfer sought to\nbe enjoined is being, or is to be, performed or made under any contract\nto which the corporation is a party, the court may, if all of the\nparties to the contract are parties to the action and if it deems the\nsame to be equitable, set aside and enjoin the performance of such\ncontract, and in so doing may allow to the corporation or to the other\nparties to the contract, as the case may be, such compensation as may be\nequitable for the loss or damage sustained by any of them from the\naction of the court in setting aside and enjoining the performance of\nsuch contract; provided that anticipated profits to be derived from the\nperformance of the contract shall not be awarded by the court as a loss\nor damage sustained.\n  2. In an action by or in the right of the corporation to procure a\njudgment in its favor against an incumbent or former officer or director\nof the corporation for loss or damage due to his unauthorized act.\n  3. In an action or special proceeding by the superintendent or the\nattorney-general to annul or dissolve the corporation or to enjoin it\nfrom the doing of unauthorized business.\n
N.Y. GMU Law § 472 — New York Code / Act GMU / Article 14-G / Section 472
Conflicts with special statutes
Status: in_force

§ 472. Conflicts with special statutes. The authorization in this\narticle to receive, obtain, provide, or furnish any services,\nfacilities, personnel, equipment, property or other resources, or\nperform or engage in any functions or activities by means of an\ninterlocal agreement shall be in addition to and not in substitution for\nor in limitation of any authorizations for joint or cooperative\nagreements or undertakings contained in other provisions of the law of\nthis state; provided, however, that if any of the provisions of this\narticle shall be in conflict with any other statutes of this state\nproviding for the authorization or performance of joint or cooperative\nagreements or undertakings between public agencies of this state and\npublic agencies of other states, the provisions of such other statutes\nshall be controlling.\n
N.Y. PEP Law § 340 — New York Code / Act PEP / Article 9-A / Section 340
Establishment of realized value at lease termination when purchase option not exercised; notice of intention to sell motor vehicle
Status: in_force

§ 340. Establishment of realized value at lease termination when\npurchase option not exercised; notice of intention to sell motor\nvehicle. 1. If an agreement is terminated early and there is no option\nto purchase the vehicle or the lessee does not exercise any option he or\nshe may have to purchase the vehicle, or if the lessee's liability at\nthe scheduled end of the lease term is based upon the estimated residual\nvalue of the vehicle and the lessee does not exercise any option he or\nshe may have to purchase the vehicle, the holder shall act in a\ncommercially reasonable manner when disposing of the vehicle or\nobtaining cash bids for the purpose of establishing the realized value\nof the vehicle, which may be its value in the customary wholesale\nmarket. A lessee whose agreement is terminated early without the\nexercise of a purchase option or whose liability at the scheduled end of\nthe lease term is based upon the estimated residual value of the vehicle\nmay obtain, at his or her expense, a professional appraisal by an\nindependent third party agreed to by the lessee and the holder of the\nwholesale value which could be realized at sale of the leased vehicle.\nIf a professional appraisal is obtained by such a lessee, the appraised\nvalue shall be final and binding upon the parties and shall be used as\nthe realized value in determining the liability of the lessee at early\ntermination or at the scheduled end of the lease term.\n  2. If an agreement is terminated early and there is no option to\npurchase the vehicle or the lessee does not exercise any option he or\nshe may have to purchase the vehicle, or if the lessee's liability at\nthe scheduled end of the lease term is based upon the estimated residual\nvalue of the vehicle and the lessee does not exercise any option he or\nshe may have to purchase the vehicle, the holder shall give the lessee\nat least ten days written notice of its intention to sell the motor\nvehicle. A notice of intention to sell the vehicle need not be given if\nthe holder and lessee have agreed in writing to the amount of the\nlessee's liability under the retail lease agreement after the lessee\nreturns the vehicle to the holder or the lessee has fully satisfied his\nor her obligations under the agreement.  A holder gives notice to the\nlessee under this subdivision when he or she delivers the notice to the\nlessee or mails the notice to him or her at his or her last known\naddress.\n  3. The notice of intention to sell the vehicle shall set forth\nseparately any charges or sums due under the agreement and shall clearly\nand conspicuously state that the lessee will be liable for the\ndifference between the estimated residual value of the vehicle and its\nrealized value, if such liability exists. The notice also shall state\nthat the lessee has the right to submit a cash bid for the purchase of\nthe vehicle.\n
N.Y. UJC Law § 1701 — New York Code / Act UJC / Article 17 / Section 1701
Appeals; to what court
Status: in_force

§ 1701. Appeals; to what court.\n  Appeals in civil causes shall be taken to the county court, unless an\nappellate term of the supreme court has been established by the\nappellate division of the department and such appellate division has\ndirected that such appeals be taken to such term, in which case the\nappeal shall be taken to the appellate term.\n
N.Y. UDC Law § 2021 — New York Code / Act UDC / Article 20 / Section 2021
Transfer of justices' criminal dockets to district court
Status: in_force

§ 2021. Transfer of justices' criminal dockets to district court.\n  In any county or part of a county when the district court system has\nbeen duly adopted, all criminal dockets of the town justices then on\nfile or required to be filed in the office of the town clerk shall be\ntransferred to the office of the clerk of the district court and there\nkept and maintained in the same manner as other official records of the\ndistrict court.\n
N.Y. ENV Law § 8-0115 — New York Code / Act ENV / Article 8 / Section 8-0115
Severability
Status: in_force

§ 8-0115. Severability.\n  The provisions of this article shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this article shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidate the remainder thereof,\nbut shall be confined in its operation to the clause, sentence,\nparagraph, subdivision or part thereof directly involved in the\ncontroversy in which such judgment shall have been rendered.\n
N.Y. ISC Law § 309 — New York Code / Act ISC / Article 3 / Section 309
Examinations of insurers; when authorized or required
Status: in_force

§ 309. Examinations of insurers; when authorized or required. (a) The\nsuperintendent may make an examination into the affairs of any insurance\ncorporation or other insurer doing or authorized to do any insurance\nbusiness in this state or, of any pension fund, retirement system or\nother organization which is required by law to make reports to, or is\nsubject to examination by, the department as often as he deems it\nexpedient for the protection of the interests of the people of this\nstate, in addition to examinations authorized by other provisions of\nthis chapter.\n  (b) The superintendent shall make an examination into the affairs:\n  (1) of every authorized domestic fraternal benefit society and every\ndomestic property/casualty insurance company, at least once in every\nthree years; except that the superintendent may extend the three year\ninterval to not more than five years with respect to a property/casualty\ninsurance company, upon determining that the three year requirement is\nnot necessary to safeguard the interests of the public or policyholders;\n  (2) of every domestic life insurance company, at least once in every\nfive years; and\n  (3) of every other authorized domestic insurer and every rate service\norganization which makes or files rates, whether or not advisory, at\nleast once in every five years.\n  * (c) As part of an examination, the superintendent shall review\ndeterminations of coverage for substance use disorder treatment and\nshall ensure that such determinations are issued in compliance with\nsections three thousand two hundred sixteen, three thousand two hundred\ntwenty-one, four thousand three hundred three, and title one of article\nforty-nine of this chapter.\n  * NB Effective until January 1, 2027\n  * (c) As part of an examination, the superintendent shall review\ndeterminations of coverage for substance-related and addictive disorder\nservices and shall ensure that such determinations are issued in\ncompliance with sections three thousand two hundred sixteen, three\nthousand two hundred twenty-one, four thousand three hundred three, and\ntitle one of article forty-nine of this chapter.\n  * NB Effective January 1, 2027\n
N.Y. GBS Law § 579 — New York Code / Act GBS / Article 29-E / Section 579
Violation a misdemeanor; injunction
Status: in_force

§ 579. Violation a misdemeanor; injunction. 1. Any person or trading\nstamp company violating any provision of this article shall be guilty of\na misdemeanor punishable by a fine of not more than five hundred\ndollars.\n  2. The supreme court of this state shall have jurisdiction in equity\non the complaint of the attorney general to restrain and enjoin the\nviolation of any provisions of this article.\n
N.Y. RRD Law § 53-A — New York Code / Act RRD / Article 3 / Section 53-A
Warning signs
Status: in_force

§ 53-a. Warning signs. Every municipality or political subdivision, or\nin case of state highways the department of transportation, which is\ncharged with the duty of maintaining a highway at places where such\nhighway crosses a railroad at grade, shall install and maintain an\napproach warning sign in each such highway on each side of each railroad\ngrade crossing. In case of the failure or refusal of any such\nmunicipality or political subdivision or railroad company to install or\nfurnish such signs as herein provided the commissioner of transportation\nshall take proceedings to compel obedience to the provisions of this\nsection by the municipality or political subdivision or by the railroad\ncompany. The supreme court at a special term upon a special proceeding\nbrought by the commissioner of transportation shall have the power in\nall cases to compel compliance with the provisions of this section\nsubject to appeal to the appellate division of the supreme court and the\ncourt of appeals in the same manner and with like effect as is provided\nin case of appeals from a judgment of the supreme court.\n  Where physical conditions at any grade crossing are such that the\ncommissioner of transportation deems it impracticable to place such\napproach warning signs, such commissioner of transportation may by order\nrelease the municipality or other political subdivision or the\ndepartment of transportation from the obligation of installing and\nmaintaining such signs and may by order direct other suitable warning\nsigns to be furnished by the railroad company and installed and\nmaintained by the municipality. The erection and maintenance of any sign\nor signs other than said approach warning signs may be prohibited by any\nsuch municipality, political subdivision or department of transportation\nin any highway between any such approach warning sign and any such\ncrossing, or in any location where the warning sign may be obscured from\nview by the presence of such other sign or signs.\n  The design, location, and manner of installation of such signs shall\nconform to the manual and specifications for a uniform system of\ntraffic-control devices adopted by the department of transportation.\n  It shall be the duty of the driver of any vehicle using such street or\nhighway and crossing to reduce speed to a safe limit upon passing such\nsign and to proceed cautiously and carefully with the vehicle under\ncomplete control.\n  The commissioner of transportation may require the railroad company or\nmunicipality or political subdivision which is charged with the duty of\nmaintaining the highway wherever practicable to maintain its property at\nor near such grade crossing free of obstruction to vision.\n  Provided, however, any approach warning sign, maintained pursuant to\nthis section, installed prior to the time this act takes effect may\ncontinue as and shall be deemed a lawful approach warning sign for the\npurposes of applying the provisions of this section.\n
N.Y. EXC Law § 301 — New York Code / Act EXC / Article 15 / Section 301
Separability
Status: in_force

§ 301. Separability.  If any clause, sentence, paragraph or part of\nthis article or the application thereof to any person or circumstances,\nshall, for any reason, be adjudged by a court of competent jurisdiction\nto be invalid, such judgment shall not affect, impair or invalidate the\nremainder of this article.\n
N.Y. HAY Law § 342-DDD*5 — New York Code / Act HAY / Article 12 / Section 342-DDD*5
Portion of the state highway system to be designated as the "Lt
Status: in_force

* § 342-ddd. Portion of the state highway system to be designated as\nthe "Lt. Cameron N. Hall Memorial Bridge". The bridge on state route\nninety-seven, designated New York state bridge number 1035470, in the\ntown of Hancock, county of Delaware, shall be designated and known as\nthe "Lt. Cameron N. Hall Memorial Bridge".\n  * NB There are 5 § 342-ddd's\n
N.Y. BSC Law § 1216 — New York Code / Act BSC / Article 12 / Section 1216
Final accounting; notice; duty of attorney-general
Status: in_force

§ 1216. Final accounting; notice; duty of attorney-general.\n  (a) Within one year after qualifying, the receiver shall apply to the\ncourt for a final settlement of his accounts and for an order for\ndistribution, or, upon notice to the attorney-general, for an extension\nof time, setting forth the reasons therefor. If the receiver has not so\napplied for a settlement of his accounts or for such extension of time,\nthe attorney-general or any creditor or shareholder may apply for an\norder that the receiver show cause why an accounting and distribution\nshould not be had, and after the expiration of eighteen months from the\ntime the receiver qualified, it shall be the duty of the\nattorney-general to apply for such an order on notice to the receiver.\n  (b) Before presenting a final account, the receiver shall give notice\nof his intention to file it by publication, under subparagraph (a) (1)\nof section 1207 (Duties of receiver upon appointment), setting forth the\ntime and place of filing and presentation to the court. The receiver\nshall also give not less than eight days' written notice to the sureties\non his official bond.\n  (c) Upon presentation of such account, the court shall hear the\nallegations, objections and proofs of all parties interested and allow\nor disallow such account, in whole or in part, and make a final order.\nThe court may refer the account and the hearing, in whole or in part, to\na referee who shall report thereon to the court.\n