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§ 230 amended.

CHAPTER 702

AN ACT to amend the real property law, in relation to the applicability of section two hundred thirty thereof

Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred thirty of chapter fifty-two of the laws of nineteen hundred nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," as added by chapter five hundred seventy-six of the laws of nineteen hundred thirty-four, is hereby amended to read as follows: § 230. Certain provisions of leases to be inoperative unless express notice thereof is given to tenant. No provision of a lease of any real property or premises which states that the term thereof shall be deemed renewed for a specified additional period of time unless the tenant gives notice to the lessor of his intention retired for to quit the premises at the expiration of such term shall be operative unless the lessor, at least fifteen days and not more than thirty days previous to the time specified for the furnishing of such notice to him, shall give to the tenant written notice, served personally or by registered mail, calling the attention of the tenant to the existence of such provision in the lease.

Landlord's

notice

renewal.

Takes effect
Sept. 1, 1936

§ 2. This act shall take effect September first, nineteen hundred thirty-six.

Continued

exi tence of emergency.

CHAPTER 703

AN ACT declaring a public emergency affecting the welfare, comfort and safety of the people resulting from abnormal disruption in economic processes, and staying, during the existence of such emergency mortgage foreclosure proceedings on real property solely on account of unsatisfied liens because taxes and assessments are payable in installments, provided there has been no default in payment of any such installment when due Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Declaration of emergency. It is hereby declared that a serious public emergency affecting and threatening the welfare, comfort and safety of the people of the state and resulting from the abnormal disruption in economic and financial processes, the abnormal credit and currency situation in the state and nation, the abnormal deflation of real property values and the curtailment of incomes by unemployment and other adverse conditions, still exists. Therefor, in the public interest, the necessity for legislative intervention by the enactment of the provisions hereinafter prescribed

and such provisions to be operative until the legislature shall find their further operation unnecessary is hereby declared as a matter of legislative determination.

foreclosure

paid by

Instalments

§ 2. Stay of mortgage foreclosure proceedings during period of No emergency. During the period of the emergency, and notwith- where taxes standing any inconsistent provisions of the civil practice act or any instalment other general or special law or any provision of a city charter, or and any agreement, bond or mortgage, where a municipality, county, are paid. village or town permits, by enactment, the payment of an assessment, heretofore or hereafter levied by it against a parcel of real property, to be amortized and divided into stated equal parts and paid in installments, and where the owner of a parcel of real property has complied or is complying with the provisions of such enactment relating to amortized installment payments of an assessment, then and in that event, no action or proceeding for the foreclosure of a mortgage upon such real property, or any interest therein, shall be maintainable solely for or on account of the payment of the assessment in installments, although the payment of the entire assessment may be due by the terms of the agreement or bond and mortgage; provided however, that where a default in the payment of any installment occurs, then the rights and remedies of the holder of the mortgage shall not be affected by this act. § 3. This act shall take effect immediately.

CHAPTER 704

AN ACT to amend the election law, in relation to party emblems Became a law May 25, 1936, with the approval of the Governor.

three-fifths being present

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. Section twenty of chapter five hundred and eighty- $20 eight of the laws of nineteen hundred twenty-two, entitled "An act in relation to the elections, constituting chapter seventeen of the consolidated laws," is hereby amended to read as follows:

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§ 20. Emblems; abbreviated names. The state committee of a party shall select an emblem to distinguish the candidates of the party for public office in all districts of the state, and shall file in Filing. the office of the secretary of state a certificate showing the emblem, executed by the chairman and secretary of such committee. The National emblem so chosen may be a star, an animal, an anchor, or any other prohibited, proper symbol, but neither the coat of arms or seal of any state of etc. the United States, nor the state or national flag, nor the national flag of any foreign country or the flag of any state, territory, colony, dominion, possession or dependency thereof, nor any religious emblem, insignia or symbol, nor the portrait of any person, nor the representation of a coin or of the currency of the United States,

Saving

clause.

nor any emblem, insignia or symbol substantially similar to or resembling in whole or in part the emblem, insignia or symbol of the national flag of any foreign country or the flag of any state, territory, colony, dominion, possession or dependency thereof, nor any emblem substantially similar to that of any other existing party or independent body shall be chosen as such emblem. Emblems heretofore chosen pursuant to law shall continue until changed as provided in this section. If the name of any party shall contain more than fifteen letters, the state committee shall similarly select and certify an abbreviated form thereof, containing not more than eleven letters, to be used upon the ballot whenever the necessities of space so require.

§ 2. This act shall take effect immediately.

8117 amended.

CHAPTER 705

AN ACT to amend the election law, in relation to application for ballots by absentee voters

Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and seventeen of chapter five hundred and eighty-eight of the laws of nineteen hundred twentytwo, entitled "An act in relation to the elections, constituting chapter seventeen of the consolidated laws," as last amended by chapter three hundred and eighty-nine of the laws of nineteen hundred thirty-three, is hereby amended to read as follows:

117. Application for ballots by absentee voters. A qualified voter, who, on the occurrence of any general election, may be unavoidably absent from the county of his residence because he is an inmate of a soldiers' and sailors' home, or of a United States veterans' bureau hospital, or because his duties, occupation or busiWithin U. s. ness require him to be elsewhere within the United States, may vote as an absentee voter under this chapter. A qualified voter desiring Appearance; to vote at such election as an absentee voter must appear personally before the board of inspectors of the election district in which he is qualified voter on any of the days which said board shall set for registration, or before the board of central registration when said board shall be open for registration and make and verify before either the board of inspectors of the election district or before the board of central registration, his affidavit subscribed by him, stating his name and residence address, including the street number, if any, or otherwise a brief description thereof; that he is a qualified voter of the election district in which he resides; and in case he voted at the preceding general election, that he state the election district, assembly district or town, county and state where he so voted at the preceding general election; that he expects in

good faith to be unavoidably absent from the state or county of his residence on the day of the next general election for one of the following reasons: (a) because he is, and will be on the day of such election, an inmate of a soldiers' and sailors' home, or of a United States veterans' bureau hospital, specifying it, or (b) because his duties, occupation or business require him to be elsewhere within the United States on such day, giving a brief description of the duties, occupation or business which requires such absence; also, in the case of absence on account of duties, occupation or business, the special circumstances by which such absence is required, unless such duties, occupation or business are of a nature to require ordinarily absence from the state or county or require ordinarily traveling beyond the boundaries of the state or county, which shall include, among others, employee in the operation of railroad trains when the run of such employee crosses the boundary of the county, commercial traveler, actor and federal employee having an office or position outside of the county, students matriculated, and the superintendent and all teachers employed at an institution of learning outside the county and wives of male citizens entitled to vote by absentee ballot under the provision of this section who may be accompanying their husbands, provided, however, that any qualified voter who registers by central registration as provided by section one hundred and fifty-three-a, may make and file an application for absentee ballots at the time he so registers. The affidavit also shall state that the affiant applies in good faith for an absentee voter's ballot or set of ballots, as the case may be. Inspectors of election and members of the board of central registration shall have authority to administer the oath to the voter Oath. making such affidavit. The inspectors of election shall retain such affidavits of voters desiring to vote an absentee ballot and deliver such affidavits to the county board of elections on or before the fifteenth day before the general election. The provisions of this section shall not apply to the application for ballots by an inmate of a soldiers' and sailors' home, or to a person receiving treatment in a United States veterans' bureau hospital, or to a person in federal service, or to a student matriculated, or superintendent or teacher employed at an institution of learning located outside the county where the applicant resides. In such cases the voter may mail or deliver to the board of elections the affidavit Malling. herein required not earlier than the thirtieth and not later than the seventeenth day before the election; such affidavit may be Amdavit. taken before any officer authorized to administer an oath and may also state that the affiant is not required to register personally, if that be the fact, that he has not registered and does not expect to register personally and that he requests an enrollment blank. In the case of an application by an inmate of a soldiers' and sailors' home or a United States veterans' bureau hospital, as such, there also shall be mailed or delivered, within the time above stated a certificate of the presiding officer or secretary of Certificate. the board of trustees, or other governing body, of such home, or of such hospital, in terms or effect that the person named in

the affidavit is, and is expected to be on the day of the next general election, an inmate of such home or of such hospital; and two or more such inmates residing and desiring to vote in the same county may be named and included in the one certificate in the discretion of such officer or secretary.

§ 2. This act shall take effect immediately.

Parts of
Sea Cliff

annexed to

CHAPTER 706

AN ACT to provide for extending the boundaries of the city of Glen Cove, in the county of Nassau, by annexing a part of the incorporated village of Sea Cliff in the town of Oyster Bay in such county, to provide for the government of the annexed territory and the making of a survey thereof and the making and filing of maps of such city and village after such annexation

Became a law May 25, 1936, with the approval of the Governor. Passed. on emergency message, by a two-thirds vote

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subject to the provisions of section five of this act, and without a referendum vote as provided by section eight of Glen Cove. article twelve of the constitution, there being no people or inhabitants of the territory proposed to be annexed, all that part of the incorporated village of Sea Cliff in the town of Oyster Bay in the county of Nassau included within the following boundaries is hereby annexed to and shall form a part of the city of Glen Cove in the county of Nassau:

All that tract or parcel of land situate in the incorporated village of Sea Cliff, town of Oyster Bay, county of Nassau and state of New York, bounded and described as follows:

Beginning at a point on the northeasterly line of Carpenter Avenue and on the present boundary of the city of Glen Cove, thence N. 59° 45′ W. 37.27 feet to a stone monument; thence, along the center line of Carpenter avenue, as shown on "Map of Hammond Hill Park at Glen Cove and Sea Cliff, Long Island, N. Y.", filed in the county clerk's office in Nassau county October thirtieth, nineteen hundred twenty-eight, and designated by file number six hundred sixty-six, and on the extension of said center line, N. 2° 32′ E. 316.97 feet to a stone monument; thence, along the present boundary line of the city of Glen Cove, the following two courses and distances: N. 71° 23′ 30′′ E. 39.39 feet, and S. 3° 09′ W. 348.53 feet to the point or place of beginning.

§ 2. The said territory proposed to be so annexed constitutes a narrow strip of land, most of which, about twenty feet in width, comprises approximately one-half of the street or roadway called the Carpenter avenue extension, and land adjacent thereto less than twenty feet in width, which adjacent land forms part of certain lots, the greater part of which lots is within the city of Glen

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