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on non-payment of taxes due to inadvertent failure to pay taxes thereon by Armando A. Acosta, the former owner of such property. Pursuant to Sections 11-424 and 11-424.1 of the administrative code of the city of New York, the city may release its interest in property thus acquired if an application for such a release is filed with the city's department of general services within two years of the date on which the city's deed is recorded and if such application is approved by the in rem foreclorelease board. Since that period has now elapsed, and pending the effectiveness of a chapter of the laws of 1992 authorizing the in rem foreclosure release board to authorize the release of property where an application for such release is made more than two years after the date the city's acquisition thereof, state legislation is necessary to restore said property to the aforesaid former owner. In addition, since New York city charter requires that the sale of city owned property be at public auction or by sealed bids (except as otherwise provided by state legislative authorization is necessary to permit said law, charter or administrative code to the contrary and subject to sec2. Notwithstanding any other provision of general, special or local tion three of this, act, the city of New York is hereby authorized to release its interest in and reconvey the real property designated as tax block 4104, lot #32, on the tax map of the city for the borough of

of

the

law),

reconveyance.

Queens as said map was on December 19, 1979, to the former record of said property on such date.

owner

11-424.1

3. Such release and reconveyance may be made only upon the approval of the in rem foreclosure release board established by section

the administrative code of the city of New York, subject to the grantee meeting the following conditions precedent:

of

af

sioner of general services accompanied by a certified title search, (a) Submit an application for release in writing to the city commisfidavit of ownership, and all fees and payments as otherwise required by section 11-424 of the administrative code of the city of New York. by section 11-424 of the administrative code of the city of (b) Pay all taxes, interest, penalties and charges otherwise required

upon

board.

New York

a

approval of the application by the in rem foreclosure release chapt 4. This chapter of the laws of 1992 shall not be deemed to be the er upon the effectiveness of which paragraph (2) of subdivision Section 11-424 of the administrative code of the city of New York, shall not apply to the release and reconveyance authorized to be 5. This act shall take effect immediately.

of

under local law, depends. Accordingly, the provisions of such paragraph

(2)

made herein.

AN ACT claims

state

CHAPTER 387

amend the education law, in relation to the presentation of against the governing body of any school district or certain Supported schools

to

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.

Subdivision 1 of

section 3813 of the education law, as is amended to read as

amended by chapter 346 of the laws of 1978,

follows: 1.

property of claim

hereinafter provided, relating to No action or special proceeding, for any cause whatever, except as district property or schools provided for in article eighty-five of this chapter or chapter ten hundred sixty of the laws of nineteen hundred seventy-four or against the district or any such school, or involving the rights or inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

terests of any district or any such school shall be prosecuted or maintained against any school district, board of education, board of cooperative educational services, school provided for in article eighty-five of this chapter or chapter ten hundred sixty of the laws of nineteen hundred seventy-four or any officer of a school district, board of education, board of cooperative educational services, or school provided for in article eighty-five of this chapter or chapter ten hundred sixty of the laws of nineteen hundred seventy-four unless it shall appear by and as an allegation in the complaint or necessary moving papers that a written verified claim upon which such action or special proceeding is founded was presented to the governing body of said district or school within three months after the accrual of such claim, and that the officer or body having the power to adjust or pay said claim has neglected or refused to make an adjustment or payment thereof for thirty days after such presentment. In the case of an action or special proceeding for monies due arising out of contract, accrual of such claim shall be deemed to have occurred as of the date payment for the amount claimed was denied. § 2. This act shall take effect immediately and shall apply to contracts executed on and after such date.

CHAPTER 388

AN ACT to amend the environmental conservation law, the agriculture and markets law and chapter 748 of the laws of 1991, amending the environmental conservation law, relating to the establishment of a Hudson river valley greenway, in relation to the acquisition of interest or rights in real property within the Hudson river valley greenway

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. Subdivisions 9 and 10 of section 44-0113 of the environmental conservation law, as amended by chapter 749 of the laws of 1991, are amended to read as follows:

9. To encourage individuals, corporations, associations, organizations and public agencies to preserve and enhance the natural scenic beauty and heritage of the Hudson river valley and the lands, water, fish, wildlife, [all] endangered plant and animal species, exemplary natural communities, aesthetic and cultural resources of the Hudson river valley and to increase public access to the waters of the Hudson river.

10. To acquire, in the name of the state, interests or rights in real property including title by gift or devise anywhere within the greenway, or by purchase solely for the purposes of a riverside park or development of the greenway trail, or by easement for the preservation of open space characterized by natural scenic beauty, heritage, natural resource values or conditions enhancing regional qualities of the Hudson river valley provided, however, that notwithstanding any other provision of law, transfers of such interests or rights in real property may be made to municipalities or not-for-profit corporations which contract to hold such property for the beneficial enjoyment of the people of the state and in no event shall such land be sold by any such municipality or notfor-profit corporation except for purposes consistent with the beneficial enjoyment of the people of the state. Additionally, notwithstanding this or any other provision of law, neither the state, nor any of its instrumentalities, may transfer to the conservancy, any interests or rights in real property upon which the state is making property tax payments or payments in lieu of taxes, unless provision is made for the continuance of such payments by the conservancy from monies available in the fund.

§ 2. Subdivision 23 of section 44-0107 of the environmental conservation law. as added by chapter 749 of the laws of 1991, is amended to read as follows:

23. To purchase the maximum insurance coverage practicable and affordable from revenues in the fund, to be effective upon the adoption by a community of a regional plan, from any duly authorized insurer in this state, against any liability of any participating community or its agents that may result from its acquisition of land, consistent with its regional plan, or the adoption or implementation of any land use control including, but not limited to, a zoning law or ordinance; provided, however, such insurance shall not apply to any such claim that results from the intentional wrongdoing, recklessness [or], gross negligence or an unlawful discriminatory practice as provided in subdivisions two, two-a, three-b, four, paragraphs (a) and (b) of subdivision five and subdivisions six, seven, fourteen and eighteen of section two hundred ninety

of

the executive law and 42 U.S.C. §§ 1981, 1983 by such community or its agents. The council shall purchase such insurance and begin covupon the adoption by a community of a regional plan, and maintain such insurance for all participating communities.

six

erage

ક 3.

any

to, a zoning law or

tion law Subdivision 7 of section 44-0119 of the environmental conservaread as follows: as amended by chapter 749 of the laws of 1991, is amended to 7. For each such participating community there shall be indemnity from the state in the event of legal actions brought against the community or its agents that may result from the community's acquisition of land conlastent with its regional plan or the adoption of implementation of ordinance. Such indemnity shall apply to the extent that any such claim exceeds the insurance coverage obtained by the council pursuant to subdivision twenty-three of section 44-0107 of this article; provided, however, such indemnity shall not apply to any such claim that results from lawful discriminatory practice as provided in subdivisions two, two-a, intentional wrongdoing, recklessness [or], gross negligence three-b, four, paragraphs (a) and (b) of subdivision five

use control

including, but not limited

or an un

and subdivi

six of the executive law and 42 U.S.C. §§ 1981, 1983 by such

seven, fourteen and eighteen of section two hundred ninetycommunity

sions six,

or its agents.

In

any claim against a participating community of un

defendants shall be reim

lawful discriminatory practice, the attorney general shall not represent the defendant or defendants; provided, however, that if the plaintiff is not the prevailing party, the defendant or bursed by the state for all reasonable attorneys' fees and litigation expenses incurred in the defense of the action. § 4. Subdivisions 1

and

1991

markets law, subdivision 1 as added by chapter 748 of the laws of 2 of section 285-b of the agriculture and Subdivision 2 as amended by chapter 749 of the laws of 1991, are

and

amended to read as follows:

1.

by the commissioner subject to the advice and consent of the senate, and

The Hudson valley agricultural advisory council shall be appointed representatives from consumer and producer organizations, 8overnments, conservation organizations and tourism organizations

composed of

county

of

the Hudson valley region. For the purposes of this section, the term

"Hudson

Orange,

ter. The

persons,

at least

Valley" shall mean the counties of Albany, Greene, Ulster, Rockland, Rensselaer, Columbia, Dutchess, Putnam and Westches membership of the council shall consist of no more than eleven Who shall be residents of the Hudson valley, and who shall meet three times annually. Council members shall serve without pay be reimbursed for allowable and necessary travel expenses. advisory council, in consultation with the Hudson river valley

but shall

2. The

greenway communities council, may recommend programs and promotional activities designed to preserve and enhance Hudson valley region tourism and agricultural open space, address issues affecting the viability of agriculture including real greater agricultural marketing and region's agricultural producers to the department.

property tax policies and [to] promote opportunities for the

1 of chapter 748 of

the laws of 1991, amending the environmental conservation law, relating

chapter 749 of the laws of 1991, is amended to read as follows:

of a Hudson river valley greenway, as amended by

to the establishment

land and water related issues within the greenway and to provide techniassistance thereon. It will work with landowners, industry, citizen non-profit organizations, individual and organized sportsmen inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

cal

groups,

terests dedicated to fish and wildlife purposes and government agencies to open new paths to the river, and other potential recreational areas protect natural resources, preserve open space and farmland, plan and manage scenic roads, restore urban waterfronts, revitalize beneficial water-dependent industries, foster development of tourism-destination facilities and waterborne transportation services connecting them, and promote adaptive reuse of historic structures and the four goals of the state urban cultural park program in traditional urban areas.

§ 6. Section 18 of chapter 748 of the laws of 1991, amending the environmental conservation law, relating to the establishment of a Hudson river valley greenway, as amended by chapter 749 of the laws of 1991, is amended to read as follows:

§ 18. This act shall take effect immediately; provided, however, that section 1104-a of the tax law as added by section sixteen of this act shall take effect March 1, 1992 and provided further that subdivision 7 of section [44-0107] 44-0119 of the environmental conservation law as added by section ten of this act, and as amended, shall expire at the end of the sixth year after this act shall have become a law. § 7. This act shall take effect immediately.

CHAPTER 389

AN ACT to amend the election law, in relation to requirements for preservation of registration poll records and applications for registration by boards of elections which maintain computer readable registration records

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. Subdivisions 4 and 5 of section 3-220 of the election law are amended to read as follows:

as

4. Subsequent to the expiration of ten years after the receipt thereof or, in the case of registration records, subsequent to the expiration of two years after cancellation of the registration to which they relate, the board of elections, in lieu of preserving any of the records hereinbefore provided, may preserve photostatic, microphotographic or photographic film copies thereof, and may destroy the original records and is authorized to do so in accordance with the provisions of article thirteen of the state finance law. If the board of elections maintains a computer readable registration record for each registered voter, which includes a copy of the entire registration poll record or application for registration of each such voter, the original poll record or application for registration may, with the permission of the state board of elections, be so destroyed subsequent to the expiration of two years after such copy is entered in the computer readable record. If such copies in the computer readable record do not include the backs of those registration poll records which have been used at one or more elections, then all such poll records which have been used at one or more elections may with the permission of the state board of elections, be so destroyed subsequent to the expiration of two years after such copy is entered in the computer readable record, or subsequent to the expiration of four years after the last election at which such poll record was used, whichever is later.

5. Any such photostatic, microphotographic or photographic film copy made pursuant to this section or any such computer readable record shall be deemed to be an original record for all purposes and, when satisfactorily identified, may be introduced in evidence in any judicial or administrative proceeding. An enlargement, facsimile or certified copy thereof shall, for all purposes, be deemed to be an enlargement, facsimile or certified copy of the original record and may likewise be introduced in evidence if the film copy or the computer readable record is in existence and available for inspection under direction of the court or administrative agency. The introduction in evidence of a film copy or a

copy of a computer readable record, or an enlargement, facsimile or certified copy thereof, shall not preclude introduction of the original

record.

for

record

§ 2. Paragraph d of subdivision 3 of section 5-506 of the election law follows: as added by chapter 425 of the laws of 1986, is amended to read as d. The board of elections preserves, for as long as registration records are otherwise required to be preserved, the original application registration or registration poll record of every registered voter filed in a manner which makes such records available for examination or, if the computer readable record for each registered voter maintained by the board of elections includes a copy of the entire registration poll or application for registration of each such voter, the board of elections preserves the original of each such poll record or application in such a manner for a period of at least two years, or such longer period as the state board of elections may require, after such copy is entered in the computer readable record or if such computer readable records do not include the backs of those registration poll records which have been used at one or more elections, the board preserves the original of each such poll record for a period of at least two years after such copy is entered in such computer readable record or four years after the last election at which such poll record was used, whichever is or such longer period as the state board of elections may 3. This act shall take effect immediately.

later,

require.

AN

CHAPTER 390

ACT to authorize the city of New York to convey a portion of land in Bronx, New York for use for burial or other cemetery purposes the borough of the Bronx to the Roman Catholic Church of St. Raymond,

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 Assem

bly, do enact as follows:

Section

law, the city of New York is authorized to convey the land described in Bronx, New York, upon such terms and conditions and for such

1. Notwithstanding any inconsistent provisions of any other

section

tion other

§ 2.

two

of this act to the Roman Catholic Church of St. Raymond, considera

the city shall determine for use by such church for burial or Cemetery purposes.

as

land in follows:

The land authorized by this act to be conveyed is a portion of the borough of the Bronx, located, bounded and described as

that certain lot, piece or parcel of land with the buildings and

and State of New York,

improvements thereon erected, situated, lying and being in the Borough

of the

bounded and described as follows:

Bronx, Bronx County, City of New York

of

Avenue with the westerly line of Emerson Avenue; as laid down on Section
BEGINNING at the point of intersection of the northerly line of Schley
59 of the Final Maps of the Borough of the Bronx and as amended and cor-
Emerson Avenue to the southerly side of Schley Avenue 80.00 feet;
rected to August 17, 1990; Thence southerly along the westerly side
Thence south 59 Degrees, 8 Minutes, 20 Seconds West 520.00 feet;
Thence North 32 Degrees, 51 Minutes, 40 Seconds West 254.037 feet;
Thence south 57 Degrees, 8 Minutes, 20 Seconds West 15.00 feet;
Thence northerly and westerly curving to the left along the arc of a
circle having a radius of 1405.060 feet, a distance of 103. 167 feet;
Thence South 37 Degrees, 26 Minutes, Ở Seconds West 733. 148 feet;
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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