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section, "members of the same family or household" with respect to proceeding in the criminal courts shall mean the following:

$ 7. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 948 of the laws of 1984, is amended to read as follows:

The family court and the criminal courts shall have concurrent jurisdiction, over any proceeding concerning acts which would constitute disorderly conduct, harassment, menacing in the third degree, reckless endangerment, assault in the second degree, assault in the third degree or an attempted assault between spouses former spouses, or between parent and child or between members of the same family or household cept that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such' proceeding. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place. For purposes of this article, "members of the same family or household" shall mean the following:

§ 8. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

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CHAPTER 346

AN ACT to authorize the town of Hempstead, Nassau county, to lease certain lands acquired by the town for park and recreational purposes and no longer useful for such purposes Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any inconsistent general, special or local law to the contrary, the town of Hempstead, Nassau county, is hereby authorized to discontinue as park lands, the lands hereinafter described in section two of this act, and lease for a period not exceeding ten years, all or part of such lands at fair market value and upon such terms as the town board may deem to be fair and reasonable, subject to a permissive referendum in accordance with article 7 of the town law. The lands described in section two of this act were acquired by the town for park and recreational purposes and are no longer used or necessary for such purposes. The proceeds of such lease shall be used by the town of Hempstead for the purchase of additional park lands or for the improvement of existing park capital facilities. During the period of such lease, such land shall remain on the assessment rolls of the municipality, school districts and other districts in which it is located and shall be subject to real estate taxes and assessments in the same manner as privately owned lands. The tenant's rights under such lease to occupy and use such land shall be conditioned on the prompt payment of the fuli amount of such taxes and assessments with interest and penalties, if

2. The property to be leased pursuant to provisions of section one of this act is described as follows:

Said premises are known as and by part of Lot 3, in Block 91, Section 60 on the Nassau county land and tax maps: Beginning at a point on the northeast corner of Lot 3 of Block 91, Section 60, said point being South 00 degrees-32 minutes-50% seconds hest, 382.06 feet,

southerly of the south line of Park Street (Lido Boulevard), when measured along the division line between Lots 4 and 2; Running thence South 00 degrees-32 minutes 50 seconds West, along the division line between Lots 4 and 3, 382.93 feet to a point on the division line between lots 3 and 2; Thence the following nine (9) courses EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

any.

and distances along the last mentioned division line to a point on said line: 1. North 89 degrees-55 minutes-40 seconds West, 25.03 feet, 2. South 00 degrees-04 minutes-20 seconds West, 33 feet, 3. North 89 degrees-55 minutes-40 seconds West, 105 feet, 4. South 00 degrees-04 minutes-20 seconds West, 8 feet, 5. North 89 degrees-55 minutes-40 seconds West, 92.89 feet, 6. North 00 degrees-14 minutes-10 seconds West, 23. 34 feet, 7. South 89 degrees-45 minutes-50 seconds West, 32. 55 feet, 8. North 9 degrees-49 minutes-10 seconds West, 11. 82 feet, 9. South 80 degrees-10 minutes-50 seconds West, 29.85 feet; Thence the following five (5) courses and distances through Lot 3 to a point on the division line of Lots 3 and 2: 1. North 9 degrees-49 minutes-10 seconds West, 15 feet, 2. South 80 degrees-10 minutes-50 seconds West, 15 feet, 3. North 9 degrees-49 minutes-10 seconds West, 13 feet, 4. North 80 degrees-10 minutes-50 seconds East, 4 feet, 5. North 9 degrees-49 minutes-10 seconds West, 51.8 feet; Thence the following five (5) courses and distances along last mentioned division line: 1. North 80 degrees-10 minutes-50_seconds East, 54.76 feet, 2. North 00 degrees-00 minutes-20 seconds East, 35.96 feet, 3. South 89 degrees-59 minutes-40 seconds East, 99.85 feet, 4. North 00 degrees-37 minutes-20 seconds East, 264.92 feet, 5. North 87 degrees-29 minutes 57 seconds East, 158.62 feet, to the point or place of Beginning.

§ 3. This act shall take effect immediately.

CHAPTER 347

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AN ACT to amend the public authorities law, in relation to authorizing the dormitory authority to construct and finance

and renovated facilities for the care and treatment of terminally ill individuals at Hospice, Buffalo

Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesi ated subparagraph to read as follows:

Hospice, Buffalo, for the financing, construction and development of new and renovated facilities for the care and treatment of terminally ill individuals.

$ 2. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows:

Hospice, Buffalo, for the financing, construction and development of new and renovated facilities for the care and treatment of terminally ill individuals.

§ 3. Section 1680 of the public authorities law is amended by adding a new subdivision 32 to read as follows:

32. or purposes of this section, the following provisions shall apply to powers in connection with the provision of dormitories for Hospice, Buffalo by the dormitory authority pursuant to this title.

Except to the extent otherwise prohibited by law, Hospice, Buffalo shall have full power and authority to assign and pledge to the

dormitory authority any and all public funds to be apportioned or otherwise made payable by the state of New

political

subdivision, defined in section

hundred of the general municipal law, or any social services district in the state of New York in amount sufficient to make all payments required to be made by any such organization pursuant to any lease, sublease or other agreement entered into between such organization and the dormitory authority:

All state and local officers are hereby authorized and required to pay all such funds assigned and pledged to the dormitory authority, to any trustee of any dormitory authority bond or note issued pursuant to a certificate filed with any such state or local officer by the dormitory authority pursuant to the provisions of this subdivision.

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§ 4. Any contracts for design, construction, services and materials entered into by the dormitory authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law, and the dormitory authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law. $ 5. This act shall take effect immediately.

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CHAPTER 348

AN ACT to amend the general business law, in relation to limitations to

certain contracts involving social referral services
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 394-C of the general business law, as added by chapter 559 of the laws of 1971, subdivisions 7 and 8 as added by chapter 313 of the laws of 1986, is amended to read as follows:

§ 394-c. Limitations on certain contracts involving social referral services. 1. As used in this section, the term social referral service" shall include any service for a fee providing matching of members of the opposite sex, by use of computer or any other means, for the purpose of dating and general social contact.

2. No contract for social referral service shall require_payment by the purchaser of such service of a cash price in excess of [two) five hundred [fifty] dollars. Services to be rendered to the buyer under the contract may extend over a period not to exceed two years from the

date the contract is entered into.

3. Every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twentyfive dollars shall provide that the seller of such service must furnish to the purchaser a specified certain number of social referrals per month.

4. Every contract for social referral service which requires payment by the purchaser of such service of a total amount in excess of twentyfive dollars shall provide that in the event that the seller of such service does not furnish to the purchaser the specified certain number of social referrals for two or more successive months the purchaser shall have the option to cancel the contract and to receive a refund of all monies paid pursuant to the cancelled contract with the exception that the seller shall be entitled to retain as a cancellation fee fifteen per cent of the cash price. $; Every contract for social referral service shall provide that the seller will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs background information. 6. Every contract for social referral service shall provide that at the expiration of the contract or at the expiration of services rendered by the seller, for any reason, all information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information shall be promptly returned by the se ler to the purchaser by certified mail. 7: (a) Every contract for social referral service shall provide that such contract may be cancelled without a cancellation fee within three business days after the date of receipt by the buyer of a copy of the written contract. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

or

(b) In every social referral service sale, the seller shall furnish to the buyer a fully completed copy of the contract pertaining to such sale at the time of its execution, which is in the same language, e...,, Spanish, as that principally used in the oral sales presentation and which shows the date of the transaction and contains' the name and address of the seller, and in the immediate proximity to the space reserved in the contract for the signature of the buyer and in not less than ten-point bold face type, a statement in substantially the following form: YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

(c) Notice of cancellation shall be delivered by certified or registered United States mail at the address specified in the contract.

(d) At the time the buyer signs the social referral service contract, a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract and easily detachable, and which shall contain in not less than ten-point bold face type the following information and statements in the same language, e. g. , Spanish, as that used in the contract:

NOTICE OF CANCELLATION
(enter date of transaction)

(Date)
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN
THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS
SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED
UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED HEREIN. IF YOU
CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED
WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE.
TO CANCEL THIS TRANSACTION, MAIL BY CERTIFIED OR REGISTERED UNITED
STATES MAIL A SIGNED AND DATEĎ COPY OF THIS CANCELLATION NOTICE TO:

NOT LATER THAN

(Name of Seller)
(Address of Seller)

(Date)

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8. Every, contract for social referral service shall specify the distance which the buyer is willing, to

travel
to meet any

social referral. No social referral shall be furnished by the seller to the buyer if either the buyer or the social referral reside at distance further than the distance specified in either the buyer's or social referral's contracts.

9. (a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people

of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an in junction may be issued by the court or justice, en joining and restraining any further violations, without requiring proof that any person has, in fact, been in jured or damaged thereby. In any such proceeding,

the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred the court may impose a civil penalty of not more than one thousand dollars for each violation. In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.

(b) Any person who has been in jured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation,

action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.

§ 2. This act shaíl take effect September 15, 1992 and shall apply to contracts entered into or renewed on or after such effective date.

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CHAPTER 349

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AN ACT to amend the vehicle and traffic law, in relation to providing

for the service of notices of violation for abandoned vehicle violations by regular first-class mail in a city having a population of one million or more Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraphs (b) and (c) of subdivision 1 of section 1224 of the vehicle and traffic law, as added by chapter 703 of the laws of 1989, are amended to read as follows: (b) Notwithstanding any other provision of law, in addition to those persons otherwise authorized to enforce this subdivision and adjudicate violations thereof, this subdivision shall also be enforceable in a city having a population of one million or more by agency agencies designated for such purpose by the mayor of such city, and notices of violation may be returnable to the environmental control board of such city, which shall have the power to impose the civil penalties herein provided. Notwithstanding any other provision of law, service of tice of violation for a violation of this subdivision committed in such city may be made upon an owner by [certified mail, return receipt requested, provided that delivery of such notice shall be restricted to such owner] first class mail, postage prepaid, and [that] any such tice served by mail shall be returnable only to such environmental control board. Such service by first class mail shall be deemed complete upon mailing of the notice of violation, unless the notice of violation is returned to the sender by the United States postal service for any reason other than refusal of delivery. In addition, any notice of violation for a violation of this subdivision may

be served by prescribed in article three of the civil practice law and rules or article three of the business corporation law. Notwithstanding any other provision of law, such civil penalties imposed by such environmental control board shall be paid into

the general

fund of such city. Notwithstanding section one hundred fifty-five of this chapter or any other provision of law, where a person has been adjudicated by such vironmental control board to be in violation of this subdivision, such adjudication shall not have the force and effect of a conviction of traffic infraction of a violation of any provision of this chapter for any purpose not specified in this subdivision.

(0) Any final order issued pursuant to this subdivision by an environmental control board of a city having a population of one million more shall constitute & judgment which may be entered in any place provided for the entry of civil judgments within the state, and may be enforced without court proceedings in the same manner as the enforcement of money judgments entered in civil actions; provided, however, that şuch judgment shall be entered that exceeds the sum of ten thousand dollars for each respondent. Notwithstanding the preceding sentence, before a judgment based upon a default may be so entered, such environmental control board must have notified the respondent by first class mail in

such environmental control board may direct: (1) of the default decision and order and the penalty imposed; (2) that a judgment will be entered in any place provided for the entry of civil judgments in the state; and (3) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of such environmentai control board within thirty days of the mailing of such notice. No judgpent based upon a default may be so entered by the environmental control board within less than sixty days from the completion of service by mail of the notice of violation

as provided in paragraph (b) of this subdivision. Any requirement of any provision of law other than this subdivision that relates to the manner of service of the notice of violation that precedes any final order of such environmental controi board EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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