Gambar halaman
PDF
ePub

(1) The property will be kept in its open space character and

condition.

to

(2) The town shall not sell, transfer or subdivide the property. (3) The town shall not construct any roads, airport runways, buildings or structures on the property. Nothing herein shall be construed limit or prevent the town from permitting the use of the property for public recreational purposes or from building and maintaining open space recreational use facilities as defined in Part 570 of title 9 of the New York state codes, rules and regulations of the Adirondack Park Agency Act.

(4) The use of the property will be consistent with the maintenance of an appropriate clear zone for Piseco Airport in compliance with such standards as may be established from time to time by federal or state law, rules or regulations, and nothing herein will prevent the town from cutting or trimming timber, trees or vegetation necessary to maintain an appropriate clear zone.

(5) The property will be open to the public for open space recreational purposes at all times except when, at the town's discretion, is necessary to close the property for safety reasons.

it

Title to the land described in section three of this act shall be approved by the attorney general, and the deed to the people of the state of New York of such lands shall be approved by the attorney general as to form and manner of execution and recordability prior to its delivery to the Hamilton county clerk for recording. Notwithstanding the provisions of the public lands law, the conveyance by the state without reservation of any minerals.

may be § 3. The lands to be received by the state for addition to the forest preserve from the town of Arietta are described as follows:

ALL THAT PIECE or parcel of land situate, lying and being in the town of Lake Pleasant, county of Hamilton and state of New York, being more particularly described as a portion of lot no. 2, township 2, Totten and Crossfield Purchase.

BEGINNING at a copper bolt set in a stone marking the southeast corner of lot no. 1 and the southwest corner of lot no. 2, township 2, Totten and Crossfield Purchase, which bolt also marks the most southeasterly corner of lands conveyed to Michael and Elaine A. Petrino in book 200 of deeds on page 651 and the most southwesterly corner of lands conveyed to Wilt Industries, Inc. in book 183 of deeds on page 312; thence N 20° 41′ 00" W 1,806.42 feet along the division line of said lot numbers 1 and 2 and the common boundary line of lands of Petrino on the west and lands of Wilt on the east to an iron re-rod; thence N 68° 00′ 20′′ E 1,264.39 feet through lands of Wilt to an iron re-rod; thence S 21° 34' 15" E 1,806.00 feet along the common boundary line of lands of Wilt on the west and lands conveyed to Elizabeth B. Taft in book 198 of deeds on page 164 on the east, to an iron re-rod; thence S 68° 00′ 20′′ W 1,292.37 feet along the common boundary line of lands of the aforesaid Wilt on the north and lands conveyed to Buyce in book 183 of deeds on page 131 and lands of the state of New York on the south, which last

mentioned

line

is the division line between township 1 and township 2, Totten and Crossfield Purchase, to the point or place of beginning.

CONTAINING 53.00 acres of land more or less.

ALSO ALL THAT PIECE or parcel of land situate, lying and being in the town of Lake Pleasant, county of Hamilton and state of New York, being particularly described as a portion of lot no. 1, township 2, Totten and Crossfield Purchase.

more

BEGINNING at an iron bolt set in a stone and marking the most southeasterly corner of lands conveyed to the people of the state of New York recorded in book 187 of deeds on page 594, which point is also the most southwesterly corner of lands conveyed to Michael and Elaine A. Petrino in book 200 of deeds on page 651; thence N 20° 48′ 00′′ W 900.00 feet along the common boundary line of lands of the state of New York on the west and lands of Petrino on the east, to an iron re-rod; thence N 48° 31′ 00′′ E 1,223. 10 feet through lands of Petrino to an iron re-rod; thence S 20° 41′ 00′′ E 1,299.86 feet along the common boundary line of lands of Petrino on the west and lands of Wilt Industries, Inc. on the east, to a copper bolt set in a stone and marking the most southeasterly corner of lands of Petrino and the most southwesterly corner of lands of Wilt; thence S 67° 35′ 15′′ W 1,142.07 feet along the common boundary line of lands of Petrino on the north and lands of the state of New York

on the south, which last mentioned line is the division line between township 1 and township 2 of the Totten and Crossfield Purchase, to the point or place of beginning.

CONTAINING 28.85 acres of land more or less.

§ 4. The lands to be conveyed by the state to the town of Arietta are described as follows:

ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in town of Arietta, county of Hamilton and state of New York, being portions of lots numbered 136, 137, 144 and 145, township 9, Moose River Tract, more particularly bounded and described as follows:

BEGINNING at an iron re-rod set in a pile of stones marking the most northeasterly corner of lands conveyed to the town of Arietta by the people of the state of New York and recorded in deed book 139 on page 460; thence through lands of the people of the state of New York the following five (5) courses:

(1) N44° 15'E 200.00 feet to an iron re-rod;

(2) N35° 43′ 09′′E 2,431.91 feet to an iron re-rod;
(3) S45° 45'E 1,221.50 feet to an X on a boulder;
(4) S52° 46′ 51′′W 2,431.91 feet to an iron re-rod;

(5) S44° 15'W 200.00 feet to an iron re-rod marking the most southeasterly corner of lands conveyed to the town of Arietta in book 139 of deeds on page 460; thence N45° 45' W 500.00 feet along the easterly line of lands of the town of Arietta to the point or place of beginning.

CONTAINING 49.82 acres of land more or less. § 5. This act shall take effect immediately.

CHAPTER 361

AN ACT to amend chapter 590 of the laws of 1917 providing for the Newburgh city charter, in relation to prohibiting discharges into certain sewer systems and providing for the enforcement thereof

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. Chapter 590 of the laws of 1917 providing for the Newburgh city charter is amended by adding a new section 2.03 to read as follows: $2.03. (Power to impose administrative penalties)

(1) The city of Newburgh shall have the jurisdiction to adopt or amend ordinances and regulations, not inconsistent with any provisions of law, regulating or prohibiting discharges into its publicly-owned or operated sewer systems or through its publicly-owned or operated wastewater treatment works, and shall have the power to provide for the enforcement of such ordinances and regulations by administrative order imposing civil penalties, not to exceed one thousand dollars per violation, each day a violation continues being a separate violation, and to provide for the enforcement of said penalties imposed as if they were money judgents, without court proceedings, in the manner described herein. Such enforcement authority may be delegated to the city manager, or by him or ber, to any subordinate official of the city. After four months from the Issuance of such administrative order, a copy of such order shall be filed in the office of the clerk of the county.

In the event that the order was issued as a result of the respondent being in default, a notice of default shall be mailed to such respondent by regular mail at least seven days before such filing, and a copy of Such notice, with affidavit of service by mail thereon, shall be filed with the copy of such order. Upon such filing, the county clerk shall EXPLANATION-Matter in italics is new; matter in brackets [] is old law

enter and docket such order in the same manner and with the same effect as a money judgment. Upon such entry and docketing, such decision and order may be enforced as provided in article 52 of the civil practice law and rules. (2) No final decision or order shall be entered pursuant to subdivision 1 of this section unless notice of such order shall have been served in the same manner as prescribed for service of process by article 3 of the civil practice law and rules or article 3 of the business corporation law.

(3) The authority granted herein shall be in addition to any other authority otherwise granted by law.

§ 2. This act shall take effect immediately.

CHAPTER 362

AN ACT to amend the penal law, in relation to the crimes of unlawfully dealing with a child in the first and second degree

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. Section 260.20 of the penal law, paragraph (d) of subdivision 1 as added by chapter 210 of the laws of 1986 and subdivision 4 as amended by chapter 107 of the laws of 1986, is amended to read as follows:

§ 260.20 Unlawfully dealing with a child in the first degree.

A person is guilty of unlawfully dealing with a child in the first degree when:

1. [Being an owner lessee, manager or employee of a public dance hall, public pool or billiard room, public bowling alley, alley, theatre, motion picture theatre, skating rink, or of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:

The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or

(a)

(b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or

8

c) Otherwise permitted by law to do so; or

(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing, or

2. ] He knowingly permits a child less than eighteen years old to enter or remain in or upon a place, premises or establishment where [illicit] sexual activity as defined by article one hundred thirty, two hundred thirty or two hundred sixty-three of this chapter or [illegal narcotics] activity involving controlled substances as defined by article two hundred twenty of this chapter or involving marihuana as defined by article two hundred twenty-one of this chapter is maintained or conducted, and he knows or has reason to know that such activity is being maintained or conducted; or

[3. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or

4.] 2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to

a

person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a cur

Courses

riculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum; or

5. He sells or causes to be sold tobacco in any form to a child less than eighteen years old].

It is no defense to a prosecution pursuant to subdivision [four or five] two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Unlawfully dealing with a child in the first degree is a class [B] A misdemeanor.

§ 2. The penal law is amended by adding a new section 260.21 to read as follows:

§ 260.21 Unlawfully dealing with a child in the second degree.

A person is guilty of unlawfully dealing with a child in the second degree when:

1. Being an owner, lessee, manager or employee of a public dance hall, public pool or billiard room, public bowling alley, theatre, motion picture theatre, skating rink, or of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:

(a) The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or

(b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or

(c) Otherwise permitted by law to do so; or

(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; or

2. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or

3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.

of

It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative another person or that the defendant dealt with the child as such. Unlawfully dealing with a child in the second degree is a class B misdemeanor.

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

CHAPTER 363

AN ACT to amend the family court act, in relation to temporary extensions of placement

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. Subdivision 5 of section 355.3 of the family court act, as amended by chapter 663 of the laws of 1985, is amended to read as

follows:

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

may,

5. Pending final determination of a petition to extend such placement filed in accordance with the provisions of this section, the court on its own motion or at the request of the petitioner or respondent, enter a temporary order extending à period of placement for a period not to exceed thirty days upon satisfactory [written] proof showing probable cause for continuing such placement and that a temporary order is necessary. [Such temporary order shall not be renewable] The court may order one additional temporary extension, not to exceed fifteen days, if it is unable to conclude the hearing within the first thirty day temporary extension period. No further temporary extensions shall be granted or ordered. The petition shall be dismissed if a decision is not rendered within the period of placement or any temporary extension thereof.

§ 2. Subdivision (e) of section 756-a of the family court act, as added by chapter 604 of the laws of 1986, is amended to read as follows:

may,

(e) Pending final determination of a petition to extend such placement filed in accordance with the provisions of this section, the court on its Own motion or at the request of the petitioner or respondent, enter a temporary order extending a period of placement not to exceed thirty days upon satisfactory [written] proof showing probable cause for continuing such placement and that a temporary order is necessary. [Such temporary order shall not be renewable] The court may order one additional temporary extension, not to exceed fifteen days, if the court is unable to conclude the hearing within the first thirty day temporary extension period. No further temporary extension shall be granted ordered. The petition shall be dismissed if a decision is not rendered within the period of placement or any temporary extension thereof.

or

§ 3. This act shall take effect immediately.

CHAPTER 364

AN ACT to amend the workers' compensation law, in relation to
reimbursement of insurers and health benefits plans

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. Subdivision (d) of section 13 of the workers' compensation law, as amended by chapter 924 of the laws of 1990, is amended to read as follows:

(d) (1) In the event that an insurer or health benefits plan [make] makes payments for medical and/or hospital services for or on behalf of an injured employee they shall be entitled to be reimbursed for such payments by the carrier or employer within the limits of the medical and hospital fee schedules if the board determines that the claim is compensable. For the purposes of this section, an insurer or health benefits plan includes a medical expense indemnity corporation, a health or hospital service corporation, a commercial insurance company licensed to write accident and health insurance in the state of New York, a health maintenance organization operating in accordance with article forty-three of the insurance law or article forty-four of the public health law, or a self-insured or self-funded health care benefits plan operated by, or on behalf of, any business, municipality or other entity (including an employee welfare fund as defined in article forty-four of the insurance law or any other union trust fund or union health benefits

« SebelumnyaLanjutkan »