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removed for cause from membership in any fire department company shall not be eligible to membership in such corporation. The membership of any person in such corporation shall terminate when his membership as an active volunteer member of the fire department of Lewiston Fire Company No. 2 shall terminate before such persons shall have acquired the status of exempt volunteer firemen as defined in section two hundred of the general municipal law by virtue of having rendered services to such fire department.

§ 7. Precept for payment of foreign fire insurance premium taxes. Such corporation shall collect and there shall be paid to it all taxes

imposed by section [five hundred fifty-three) nine thousand one hundred four of the insurance law for fire department use and benefit upon premiums for insurance against loss or damage by fire covering property [situated) within the territory protected by Lewiston Fire Company No. 2, Inc. within the Town of Lewiston Fire Protection District located in Niagara county, New York. The officers of said corporation designated by its by-laws to collect and receive the aforesaid tax shall have all the powers and be subject to all the provisions of the insurance law, relating to treasurers of fire departments. Such corporation shall also be entitled to receive a share of the tax distributed pursuant to the provisions of section [five hundred fifty-four) nine thousand one hundred five of the insurance law, based upon the business written in the territory with respect to which it is entitled to collect and receive the tax under section [five hundred fifty-three) nine thousand one hundred four of the insurance law. Such taxes shall only be used for the care and relief of disabled or indigent volunteer and exempt volunteer firemen and their families.

5 2. This act shall take effect immediately and shall apply to taxes due on premiums to be distributed on or after the first day of April, nineteen hundred eighty-five.

CHAPTER 22

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AN ACT to amend chapter six hundred fifty-eight of the laws of nineteen

hundred seventy-eight relating to incorporation of the Lewiston No. 1 Volunteer Exempt Firemen's Benevolent Association, in relation to the territory to be protected Became a law April 2, 1985, 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

of chapter six hundred fifty-eight of the laws of nineteen hundred seventy-eight relating to incorporation of the Lewiston No. 1 Volunteer Exempt Firemen's Benevolent Association is amended to read as follows:

§ 7. Precept for payment of foreign fire insurance premium taxes. Such corporation shall collect and there shall be paid to it all taxes imposed by section [five hundred fifty-three) nine thousand one hundred four of the insurance law for fire department use and benefit upon premiums for insurance against loss or damage by fire covering property (situated within the village of Lewiston, New York) within the territory protected by Lewiston Fire Company No. 1 of the village of Lewiston, New York, Inc., located in the town of Lewiston, Niagara county, New York[,

within any, duly organized territory in which the Lewiston Fire Company No. 1 of the village of Lewiston, New York, Inc. is

may be obligated to render fire protection). The officers of sáid corporation designated by its by-laws to collect and receive the aforesaid tax shall have all the

powers and be subject to all the provisions of the insurance law, relating to treasurers of fire departments, Such corporation shall also be entitled to receive a share of the tax imposed by section (five hundred fifty-four) nine thousand one hundred five of the EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

or

or

insurance law, based upon the business written in the territory with respect to which it is entitled to collect and receive the tax under section [five hundred fifty-three) nine thousand one hundred four of the insurance law. Such taxes shall only be used for the care and relief of disabled or indigent volunteer and exempt volunteer firemen and their families.

§ 2. This act shall take effect immediately and shall apply to taxes due on premiums to be distributed on or after the first day

day of April, nineteen hundred eighty-five.

CHAPTER 23

AN ACT to amend the general business law, in relation to the taking of

fingerprints of a person suspected of committing larceny or attempted larceny in the vicinity of a retail mercantile establishment

Became a law April 2, 1985, 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:

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Section 1. Section two hundred eighteen of the general business law, as amended by chapter five hundred eighty of the laws of nineteen hundred eighty-three, is amended to read as follows:

§ 218. Defense of lawful detention. In any action for false arrest, false imprisonment, unlawful detention, defamation of character, sault, trespass,

or invasion of civil rights, brought by any person by reason of having been detained on or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to criminal possession of an anti-security item as defined in section 170.47 of the penal law or as to the ownership of any merchandise, it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer acting pursuant to his special duties, police officer or by the owner of the retail mercantile establishment, his authorized employee or agent and that such officer, owner, employee or agent had reasonable grounds to believe that the person so detained was guilty of criminal possession of an anti-security item as defined in section 170.47 of the penal law or was committing or attempting to commit larceny, such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that

person has concealed possession of unpurchased merchandise of a retail mercantile establishment or has possession of an item designed for the purpose of overcoming detection of security markings attachments placed on merchandise offered for sale at such an establishment, and "reasonable time" shall mean

the

time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary

to

examine employees and records of the mercantile establishment relative to the ownership of the merchandise, or possession of such an item. Such detention at such vicinity shall not authorize the taking of such person's fingerprints at such vicinity unless the taking of fingerprint's is otherwise authorized by section 160.10 of the criminal procedure law and are taken by the arresting or other appropriate police officer or agency described therein in accordance with section 140.20 or 140.27 of such law. Whenever fingerprints are taken, the requirements of article one hundred sixty of the criminal procedure law shall apply as if fully set forth herein.

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

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CHAPTER 24

AN ACT to amend the mental hygiene law, in relation to cooperation with

other agencies; unified services; aging

Became a law April 2, 1985, 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 Assenbly, do enact as follows:

Section 1. Paragraph twelve of subdivision (a) of section 41. 13 of the mental hygiene law, as amended by chapter five hundred eighty-eight of the laws of nineteen hundred seventy-three, such section as renumbered by chapter nine hundred seventy-eight of the laws of nineteen hundred seventy-seven, is amended to read as follows:

12. seek the cooperation and cooperate with other aging, public health and social services agencies, public and private, in advancing the program of local or unified services.

§ 2. Subdivision (c) of section 41.21 of such law, as added by chapter five hundred eighty-eight of the laws of nineteen hundred seventy-three, such section as renumbered by chapter nine hundred seventy-eight of the laws of nineteen hundred seventy-seven, is amended to read as follows:

(c) A unified services plan shall (1) arrange, in accordance with the plan's priorities for unified services to the area, for the most effective and economical provision of such services and (ii) provide the basis for state and local government financing of such services pursuant to this article. To this end a unified services plan shall allow for the integration by mutual agreement of all facilities serving the area, whether publicly or privately operated and shall include participation as appropriate by all department facilities and local governmental facilities serving the area. The services rendered by, general and psychiatric hospitals, city, county and state aging, health and social services agencies, facilities offering mental retardation services and alcoholism programs, probation departments, physicians, psychologists, social workers, públic health nurses, and other public and private agencies and personnel may be included in such plan.

§ 3. This act shall take effect immediately.

CHAPTER 25

AN ACT to authorize the village of Allegany, Cattaraugus county, to sell certain lands acquired by the village for park and recreational purposes and no longer needed for such purposes

Became a law April 2, 1985, 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 provision of any general, special or local law, the village board of the village of Allegany, CatEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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is hereby authorized and empowered to discontinue for park or recreational purposes the lands hereafter described. Such lands having been heretofore used or designated for park or recreational purposes, and it being in the best interest of the village of Allegany, the

is hereby declared to be no longer useful therefor. The village board of the village of allegany, is hereby authorized and empowered to sell and convey such lands as hereinafter described, free and clear of any and all rights previously reserved to or by the state of New York, upon such terms and conditions and for such consideration as the village board of the village of Allegany shall determine fair and reasonable, and to execute and deliver a deed of conveyance of valid title in fee simple to such lands or any part thereof, subject to any easements of record. The net proceeds of such sale shall be used for capital improvements to existing or future parks sponsored or maintained jointly by the village of Allegany and the town of Allegany.

§ 2. The property to be sold and conveyed pursuant to the provisions of this act is described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Village of allegany, county of_Cattaraugus and State of New York, being part of Lot 11, Seca tion 1, Town 2, Range 5 of the Holland Land Company's Survey, and being described as Lot No. 3, as designated on Allegany Heights Subdivision Map, said map having been prepared by Pratt, Edwards & Moncreiff, P.C., dated July 23, 1968, and filed in the Cattaraugus county Clerk's 'Office on August 29, '1968, and more particularly described as follows:

COMMENCING at the northeast corner of Lot 2, of said Allegany Heights Subdivision, and running thence N 47° 44' W, 144.59 feet

point; thence s 42° 16' W, 194.73 feet to a point; thence N 47° 37' 30" W 151.73 feet to a point; thence s 42° 2' 30" W, 244.62 feet; thence N io 40" E, 505.49' to a point; thence S 88° 51' 'E, 636. 77. feet to point; thence's 42° 16' W, 313.48'' to a point; thence Š 47° 44' E, 144.59' feet to a point, said point being the southeast corner of Lot'4 of the said Allegany Heights Subdivision; "thence S 42° 16' W, 50 feet to the point or place of beginning.

This act shall take effect immediately.

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AN ACT to amend the civil practice law and rules, in relation to

licenses issued by the Suffolk county department of consumer affairs

Became a law April 2, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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

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Section 1. Subdivision (e) of rule three thousand fifteen of the civil practice law and rules, as amended by chapter two hundred forty-three of the laws of nineteen hundred eighty-four, is amended to read as follows:

(e) License to do business. Where the plaintiff's cause of action against a consumer arises from the plaintiff's conduct of business which is required by state or local law to be licensed by the department of consumer 'affairs of the city of New York, the Suffolk county department of consumer affairs or the Nassau county department of consumer affairs, the complaint shall allege, as part of the cause of action, that plaintiff is duly licensed and shall contain the name and number, if any, of such license and the

governmental agency which issued such license; provided, however, that where the plaintiff does not have a

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license at the commencement of the action the plaintiff may, subject to the provisions of rule thirty hundred twenty-five of this article, amend the complaint with the name and number of an after-acquired license and the name of the governmental agency which issued such license or move for leave to amend the complaint in accordance with such provisions. The failure of the plaintiff to comply with this subdivision will permit the defendant to move for dismissal pursuant to paragraph seven of subdivision (a) of rule thirty-two hundred eleven of this chapter.

§ 2. This act shall' take effect immediately.

CHAPTER 27

AN ACT to amend the judiciary law, in relation to right of sequestered

jurors to be provided with food conforming to religious tenets
Became a law April 2, 1985, 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. The judiciary law is amended by adding a new section five hundred nineteen-a to read as follows:

§ 519-8. Right of sequestered jurors to be provided with food conforming to religious tenets. 1. Every juror shall

have

the right to be provided upon request meals consisting of food or food products prepared in accordance with the religious requirements of the person when meals would be otherwise provided during any period in which the jury has been sequeştered, by the court.

2. Upon the swearing in of every jury, the court shall, inform the jury of the provisions of subdivision one of this section and shall request each juror electing the benefits thereof to so signify and shall direct an appropriate public officer or employee to accordingly make suitable arrangements for the provision of conforming food or food products for meals provided during any period in which the jury is sequestered.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

CHAPTER 28

AN ACT relating to the date of the run-off primary in the city of New

York in the year nineteen hundred eighty-five
Became a law April 2, 1985, 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. Notwithstanding the provisions of paragraph (b) of subdivision one of section 8-100 of the election law, any run-off primary required to be held in the city of New York in the year nineteen hundred eighty-five pursuant to the provisions of section 6-162 of such law shall be held on the twenty-third day of September in such year.

§ 2. This act shall take effect immediately.

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

to be omitted.

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