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mination on any application for the issuance of a permit, certificate or other operating authority within one hundred eighty days after a conpleted application is filed. The failure to approve or disapprove any completed application by such agency within one hundred eighty days shall be deemed a disapproval of said application, and (vi) provide for the imposition of a fee for such operating authority not to exceed the amount of the license fee for for-hire vehicles established by the commissioner of the agency having jurisdiction over the licensing of forhire vehicles in accordance with subdivision b of section 19-504 of the administrative code of the city of New York, as amended.

(2) Such local law or ordinance shall prohibit a van service or other such common carrier of passengers, other than van services and other such common carriers that are designed for the transport of transportation disabled persons as defined in section fifteen-b of this chapter and may lawfully engage in such transportation, from soliciting, picking up or discharging passengers at stops of, or along a route which is traveled upon by, a bus line which is operated by a transit authority or such city or a private bus company approved by such city to operate pursuant to a local law, ordinance or charter provision enacted in accordance with subdivision four of this section.

(3) Notwithstanding any provision of law to the contrary, such local law or ordinance may provide for the administrative adjudication of a violation of such local law or ordinance as if it were a parking violation and in accordance with article two-B of the vehicle and traffic law, or may provide for such adjudication by an agency or an administrative tribunal of an agency heretofore authorized pursuant to the charter of such city to adjudicate violations of local law, rules and regulations pertaining to for-hire vehicles as if it were a violation relating to for-hire vehicles and in accordance with the provisions of such charter pertaining to the adjudication of violations relating to for-hire vehicles. Such local law or ordinance may provide that notices of violation of such local law or ordinance may be served by any police officer, officer or employee designated by the city agency with regulatory responsibility, or authorized officers or employees of the transit authority of such city, and shall be returnable to such agency or administrative tribunal. Such local law or ordinance shall provide that the civil penalty imposed by such agency or administrative tribunal for a first violation relating to a van service or other such common carrier of passengers shall not be more than one thousand dollars, and for a second or subsequent violation within five years of the first violation shall not be more than twenty-five hundred dollars. Judgments based on such adjudications may be entered and enforced without court proceedings in accordance with such article two-B or the provisions of such charter pertaining to the enforcement of judgment relating to for-hire vehicles, as applicable.

(4) Such local law or ordinance shall provide that where such agency or administrative tribunal finds an owner liable for operating a vehicle as a van service or other such common carrier without the operating authority required by such local law or ordinance, such agency or administrative tribunal may notify the commissioner of motor vehicles of such finding and the commissioner shall thereupon suspend the registration of such vehicle as well as the registration or registrations of all other motor vehicles owned or operated by such owner or owners except private passenger automobiles until such time as such agency or administrative tribunal may give notice that the violation has been corrected to its satisfaction. The procedure on any such suspension shall be the same as in the case of a suspension under the vehicle and traffic law. Operation of any motor vehicle for which the registration has been suspended as herein provided shall constitute a class A misdemeanor. (5) Such local law or ordinance may provide for the seizure and forfeiture of vehicles that have been operated as a van service or other such common carrier of passengers without the operating authority required by such local law or ordinance, in accordance with the provisions of paragraphs b and c of this subdivision.

§ 2. This act shall take effect on the same date as a chapter of the laws of 1992 amending the transportation law and the vehicle and traffic law relating to the regulation of van services in cities with a population of over one million, as proposed in legislative bill number A. 1604-B, takes effect.

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CHAPTER 855

AN ACT to amend chapter 173 of the laws of 1961, relating to the abandonment of certain lands in Suffolk county acquired by the state from the United States government and authorizing the superintendent of public works to transfer same to town of Brookhaven, in relation to transferring certain lands to Dowling College

Became a law December 18, 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:

for

Section 1. Section 1 of chapter 173 of the laws of 1961, relating to the abandonment of certain lands in Suffolk county acquired by the state from the United States government and authorizing the superintendent of public works to transfer same to the town of Brookhaven, is amended to read as follows:

or

Section 1. (a) Notwithstanding the provisions of any general, special or local law, the land hereinafter described, being a portion of certain land in the town of Brookhaven in Suffolk county acquired by the state by appropriation pursuant to chapter four hundred twenty-three of the laws of nineteen hundred forty-two for a flight strip is hereby declared to be no longer necessary or useful for the purposes for which it was acquired other state purposes and the superintendent of public works is hereby authorized to transfer such portion of land to the town of Brookhaven' for use by such town as a public landing field for small aircraft. Such portion of land hereinafter described shall be so transferred on the condition, except as provided in subdivision (b) of this section, that if it shall cease to be used for the purpose herein set forth or for other public town purposes it shall revert to the state and that such land will be ceded by the town of Brookhaven to the state should such land be required by the state for highway or other state purposes.

(b) Notwithstanding the foregoing, the town board of the town of Brookhaven, Suffolk county, is hereby authorized and empowered to sell and convey free and clear title without any restriction or incumbrance, upon such terms and conditions as it shall in its discretion deem appropriate, approximately 77.63 acres of such land to Dowling College for use for the building, maintenance and operation_of_the Dowling College National Aviation and Transportation Center. Such conveyance shall not result in a reversion to the state as provided in subdivision (a) of this section and Dowling College will own such parcel with good title free and clear of any restriction or incumbrance or rights to reversion by the state. The said parcel is bounded and described as follows:

All the certain piece or parcel of land located in the hamlet of Mastic, in the town of Brookhaven, County of Suffolk, State of New York, and being as more particularly described as follows:

mea

Beginning at a point on the easterly side of William Floyd Parkway (CR46) 179.67 feet north of the northerly side of Grand Avenue, as sured along the easterly side of William Floyd Parkway (CR46); said point being on the northerly boundary of the Map of Mastic Acres Unit 19 filed in the Office of the Suffolk County clerk on February 13, 1948 as Map No. 1606;

Thence, N., 20 degrees, 17 minutes, 00 seconds, W., along the easterly side of William Floyd Parkway (CR46) a distance of 1,518.79 feet to the southerly boundary of the Map of Shirley, Long Island Unit "C" filed in the Office of the Suffolk County Clerk's Office on October 3, 1950 as Map No. 1793;

Thence, N., 88 degrees, 36 minutes, 14 seconds, W., through land of the town of Brookhaven and along said boundary and the southerly boundary of the Map of Shirley, Long Island Unit "H" filed in the Office of the Suffolk County Clerk's Office on August 10, 1951 as Map No. 1852, a distance of 3,647.42 feet;

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

Thence, through lands of the Town of Brookhaven along the following five (5) courses and distances;

W.

1,507.01 feet
550.00 feet
1,000.00 feet

(1) S., 44 degrees, 15 minutes, 15 seconds, (2) N., 45 degrees, 44 minutes, 45 seconds, W. (3) S. 44 degrees, 15 minutes, 15 seconds, W. (4) S., 45 degrees, 44 minutes, 45 seconds, E. 108.82 feet to a point on the northerly map line of the Map of Mastic Acres Unit Nineteen;

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(5) S., 88 degrees, 36 minutes, 14 seconds, W., 1,054.00 feet along said map line to the point or place of beginning.

Said parcel being approximately 3,381,486 square feet or 77.63 acres more or less, in area.

Said parcel also appearing as part of Lot 200-710-01-01.1 on the Suffolk County Map.

Any such lands so conveyed shall not however be subject to any provision of reverter to the state of New York as provided in subdivision (a), of this section and the commissioner of public works is duly authorized to execute and deliver any and all necessary documents which are required to release the right of reverter which the state may hold to the described parcel.

§ 2. This act shall take effect immediately.

CHAPTER 856

AN ACT to amend the real property tax law, in relation to the partial tax exemption for real property owned by persons sixty-five years of age or over who had previously qualified for such an exemption

Became a law December 23, 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 Assenbly, do enact as follows:

Section 1. Paragraph (b) of subdivision 3 of section 467 of the real property tax law, as amended by chapter 298 of the laws of 1988, is amended to read as follows:

(b) unless the owner shall have held an exemption under this section for his previous residence or unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twenty-four consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four consecutive months. In the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four consecutive months. Where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to be consecutive for pur poses of this section. Where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation by a municipality within the

state granting such exemption. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation

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under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twenty-four consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine months after such death, solely in a person or persons who, at the time of such death, maintained such property as a primary residence, the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twenty-four consecutive months shall be deemed satisfied;

§ 2. This act shall take effect on the first day of January next_succeeding the date on which it shall have become a law, and shall apply to assessment rolls prepared on the basis of taxable státus dates occurring on and after such date.

CHAPTER 857

(See FISCAL NOTE at end of Chapter.)

AN ACT in relation to the 1991 public employees retirement incentive program established by chapter 178 of the laws of 1991 respecting certain local employees who are members of New York city pension systems in continuous employment except in targeted positions

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Became a law December 23. 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 any other law, any person: (i) who is a local employee as defined in subdivision h of section 1 of chapter 178 of the laws of 1991 and a member of the New York city teachers' retirement system, the New York city board of education retirement system or the New York city employees' retirement system, (ii) who filed an application for service retirement and a retirement incentive form pursuant to chapter 178 of the laws of 1991, (iii) whose position was not targeted for the retirement incentive, (iv) who did not withdraw the application for service retirement, (v) who was retired from pension system membership pursuant to the application for service retirement, and (vi) who has been continuously employed although the application for service retirement became effective, shall be entitled to have the application deemed to be withdrawn as of the date prior to the effective date of retirement, by filing a written request with the head of the applicable retirement system.

§ 2. An employee who files such request shall be deemed to be in continuous membership from the date prior to the effective date of the withdrawn application.

§ 3. This act shall take effect immediately.

FISCAL NOTE.-If this bill were to be enacted in the 1992 Legislative Session, there would be no cost to the City of New York on account of benefits. Source of this estimate is Jonathan Schwartz, Consulting Actuary, Leef & Jones.

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

CHAPTER 858

AN ACT to amend the criminal procedure law, in relation to the peace officer status of the Westchester county públic emergency force during emergencies

Became a law December 23, 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 Assenbly, do enact as follows:

Section 1. Section 2. 10 of the criminal procedure law, is amended by adding a new subdivision 57-a to read as follows:

57-a. Officers of the Westchester county public safety emergency force, when activated by the commissioner of public safety/sheriff of the county of Westchester; provided, however that nothing in this subdivision shall be deemed to authorize such officer to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to section 400.00 of the penal law.

§ 2. This act shall take effect immediately.

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