2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 27 - New York Convention Center Operating Corporation › 2563 - General Powers of the Corporation.

§  2563.  General  powers  of  the corporation. In the exercise of the
powers conferred and the performance of the duties imposed  upon  it  by
section twenty-five hundred sixty-four of this title, and subject to the
limitations  contained  in other sections of this title, the corporation
shall have the following general powers:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To make by-laws for the management and regulation of its affairs;
4. To make and execute contracts and all other  instruments  including
leases and subleases necessary or convenient to accomplish its corporate
purposes,  including,  without limitation, the operation and maintenance
of the convention center;
5. To purchase, receive, take  by  gift,  grant,  devise,  bequest  or
otherwise,  lease  or otherwise acquire, own, hold, improve, employ, use
and otherwise deal in and  with,  real  or  personal  property,  or  any
interest  therein,  including  air and subsurface rights and lands under
water at the site of the convention center or in  the  general  vicinity
thereof;
6. To accept grants, loans, contributions, subsidies or other forms of
financial  assistance from the United States, the state and the city, or
any agency or  instrumentality  thereof,  and  from  any  other  source,
including gifts or transfers by bequest or otherwise, and to use same or
expend the proceeds thereof for its corporate purposes;
7.  To invest any funds held in reserve or any moneys not required for
immediate use or disbursement, at the discretion of the corporation,  in
obligations  of the state or the United States government or obligations
the principal and interest of which are guaranteed by the state  or  the
United  States  government,  or  in  accordance  with  the provisions of
section ninety-eight-a of the state finance law;
8. Subject to the approval of the director of the budget in such  form
as  he  shall specify, to appoint such officers, agents and employees as
it may require for the  performance  of  its  duties,  and  to  fix  and
determine their qualifications, duties and compensation and to retain or
employ  other  agents, including but not limited to architects, counsel,
auditors, engineers and private  consultants  on  a  contract  basis  or
otherwise for rendering professional or technical services and advice;
9.  With  the  consent  of the state, to use the agents, employees and
facilities of the state, paying to the state its  agreed  proportion  of
the compensation or costs;
10.  To  fix  and collect rents, rates, fees and other charges for the
use of the convention center;
11. To enter into agreements with the  city  and  the  state  and  the
United  States,  or  any agency or instrumentality thereof, individuals,
firms or corporations for any lawful purposes necessary or desirable  to
effectuate the purposes of this title; and
12. To do all things necessary or convenient to carry out the purposes
and provisions of this title.
13.  (a)  Notwithstanding  paragraph three of subdivision b of section
six hundred of the retirement and social security  law  and  subdivision
four  of  section two hundred one of the civil service law, or any other
general, special or local law, the corporation may provide to persons in
its employ any retirement benefits provided or required pursuant to  any
agreement with a labor union of which its employees are members, and the
corporation  is hereby authorized retroactively or in the future to make
such contributions as may be necessary to provide such benefits, and any
and all payments heretofore made by the corporation in  compliance  with
any such agreement shall be and hereby are ratified and confirmed.
(b)  Notwithstanding  paragraph  three of subdivision b of section six
hundred of the retirement and social security law, persons in the employ
of the corporation on whose behalf the corporation  has  made  or  shall
make  payments  pursuant  to  paragraph  (a)  of  this subdivision shall
neither  be  required  nor  permitted  to become members of the New York
state and local  employees'  retirement  system  for  so  long  as  such
payments  continue;  provided,  however,  that nothing in this paragraph
shall be deemed to affect the rights and privileges of  persons  in  the
employ of the corporation who are enrolled members of the New York state
and  local  employees'  retirement  system on the effective date of this
subdivision, and further, that  this  paragraph  shall  not  affect  the
membership  of persons in the employ of the corporation who are enrolled
members of the New York state and local employees' retirement system  on
the effective date of this subdivision.