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1, 1989; provided, further, that if this act is finally declared by court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing on or after January 1, 1989, then this act shall apply to calendar and taxable years commencing on or after January 1, 1990; provided, further, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing

after January 1, 1990, then this act shall apply to calendar and taxable years commencing on or after January 1, 1991; provided, further, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing on or after January 1, 1991, then this act shall apply to calendar and taxable years commencing on or after January 1, 1992.

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CHAPTER 430

AN ACT authorizing the city of New York to reconvey its interest in cer

tain real property acquired by in rem tax_foreclosure in the borough of Manhattan to former owner Richard Paul Robinson, without public auction and notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired; Block No. 2080, Lot No. 143 on tax map for the

borough of Manhattan 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 Assembly, do enact as follows:

Section 1. Findings. On December 2, 1974,, through Manhattan in rem tax foreclosure action #26, the city of New York acquired title to premises designated as lot #143 in tax block 2080, based on non-payment of taxes due to the inadvertent failure to pay taxes thereon by 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 foreclosure release 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 of the city's acquisition thereof, state legislation

is necessary to restore said property to the aforesaid owner. In addition, since the 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 law), state legislative authorization is necessary to permit said reconveyance.

§ 2. Notwithstanding any other provision of general, special or local law, charter or administrative code to the contrary and subject to 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 #2080, lot #143, on the tax map of the city for the borough of Manhattan as said map was on December 2, 1974, to the record owner of said property on such date.

§ 3. Such release and reconveyance shall be made only upon the approval of the in rem foreclosure release board established by section 11-424. 1 of the administrative code of the city of New York, subject to the grantees or grantee meeting the following conditions precedent:

(a) Submit an application for release in writing to the city commissioner of general services accompanied by a certified title search, fidavit of ownership, and all fees and payments as otherwise required by section 11-424 of the administrative code of the city of New York.

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(b) Pay all taxes, interest, penalties and charges otherwise required
by section 11-424 of the administrative code of the city of New York
upon approval of the application by the in rem foreclosure release
board.

§ 4. This chapter of the laws of 1992 shall not be deemed to be the
chapter upon the effectiveness of which paragraph 2 of subdivision a of
section 11-424 of the administrative code of the city of New York, under
local law, depends. Accordingly, the provisions of such paragraph 2
shall not apply to the release and reconveyance authorized to be made
herein.
§ 5. This act shall take effect immediately.

CHAPTER 431

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AN ACT to amend the vehicle and traffic law, in relation to exempting
fuel oil trucks from use of otherwise required truck routes in cities
with a population in excess of one million
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. Section 1645 of the vehicle and traffic law is renumbered
section 1646 and a new section 1645 is added to read as follows:

§ 1645. Exempting fuel oil trucks from use of truck routes in cities
having a population in excess of one million. No ordinance, order, rule
or regulation made by the legislative body of any city having a popula-
tion in excess of one million shall require any fuel oil truck to use a
designated truck route while such fuel oil truck is being used to make
deliveries to a heating oil customer or is returning to the place of
business of the owner of such fuel oil truck immediately after having
bade a delivery to a heating oil customer.
§ 2. This act shall take effect immediately.

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AN ACT authorizing the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Queens to former owner Marilyn Fleckenstein, notwithstanding expiration of the two year period within which application may

be

made
to the city to release its interest in property thus acquired; Block
No. 11618, Lot No. 53 on tax map for the borough of Queens
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 Con-
stitution 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. Findings. In 1984, through a Queens in rem tax foreclosure
action, the city of New York acquired title to premises designated
hot #53 in tax block 11618, also known as 111-25 113th Street, in the
borough of Queens, based on non-payment of taxes due to inadvertence and
absence of notice received by Marilyn Fleckenstein, the former owner of
such property. Pursuant to sections 11-424 and 11-424. 1 of the adminis-
trative code of the city of New York, the city may release its interest
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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 ap-
proved by the in rem foreclosure release 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
than two years after the date of the city's acquisition thereof, state
legislation' is necessary to restore said property to the aforesaid for-
mer owner. In addition, since the 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 law), state legislative authorization
is necessary to permit said reconveyance.

§ 2. Notwithstanding any other provision of general, special or local
law, charter or administrative code to the contrary and subject to
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 11618, lot #53, the tax map of the city for the borough of
Queens as said map was on January 1, 1984, to the former record owner of
said property on such date.

§ 3. Such release and reconveyance may be made only upon the approval of the in rem foreclosure release board established by section 11-424.1 of the administrative code of the city of New York, subject to the grantee meeting the following conditions precedent:

(a) Submit an application for release in writing to the city commissioner of general services accompanied by a certified title search,

affidavit of ownership, and all fees and payments as otherwise required by section 11-424 of the administrative code of the city of New York.

(b) Pay all taxes, interest, penalties and charges otherwise required by section 11-424 of the administrative code of the city of New York upon approval of the application by the in rem foreclosure release board.

§ 4. This chapter of the laws of 1992 shall not be deemed to be the chapter upon the effectiveness of which paragraph 2 of subdivision a of section 11-424 of the administrative code of the city of New York, under local law, depends. Accordingly, the provisions of such paragraph 2 shall not apply to the release and reconveyance authorized to be made herein.

§ 5. This act shall take effect immediately.

CHAPTER 433

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AN ACT to authorize the city of New York to discontinue the use as park

land of a portion of the land in the borough of the Bronx known Rosedale Playground and to convey the same to the New York City Partnership, a not-for-profit corporation, or other not-for-profit poration for use as a site for the construction of subsidized housing 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. Notwithstanding any inconsistent provisions of any other law, the city of New York is authorized to discontinue the use

park land of the land described in section three of this act and to convey the same to the New York City Partnership, a not-for-profit corporation, or

other not-for-profit corporation to the extent, upon such terms and conditions and for such consideration as the city shall determine for use by such not-for-profit corporation as a site for the construction of subsidized housing.

§ 2. The authorization provided by section one of this act shall take effect only upon the condition that at the time of the conveyance of the lands described in section three of this act, the city of New York shall dedicate as park lands the lands described in section four of this

act.

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§ 3. The land authorized by this act to be discontinued as park land is a portion of the land in the borough of the Bronx referred to Rosedale Playground, located, bounded and described as follows:

All that certain lot, piece or parcel of land with the buildings and improvements thereon erected, situated, lying and being in the Borough of the Bronx, Bronx County, City of New York and State of New York bounded and described as follows:

BEGINNING at the point formed by the intersection of the southerly side of Gleason Avenue and the easterly side of Rosedale Avenue; running thence southerly along the easterly side of Rosedale Avenue, 356.69 feet to a point; thence easterly parallel with Gleason Avenue, 198.84 feet to a point the westerly side of Commonwealth Avenue; thence northerly along the westerly side of Commonwealth Avenue, 250.00' feet to a point; thence westerly parallel with Gleason Avenue, 150.00 feet to a point; thence northerly parallel with Commonwealth Avenue, 106.69 feet to a point on the southerly side of Gleason Avenue, thence westerly along the southerly side of Gleason Avenue, 49.31 feet to the point of beginning and a portion of the Rosedale Playground that shall remain as parkland.

§ 4. The lands required by this act to be dedicated as park lands are
as follows:

The property known the "West Farms Little League Field and
Playground", a portion of tax block 3127 on the tax map of the city of
New York for the borough of the Bronx bounded by East 179th Street, East
180th Street, Daly avenue and Vyse avenue.
$ 5. This act shall take effect immediately.

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CHAPTER 434

AN ACT to amend the penal law, in relation to criminal trespass in the

third degree upon real property where the building is used as a public housing project

Became a law July 17, 1992, 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 (d) of section 140. 10 of the penal law, as added by chapter 192 of the laws of 1987, is amended and two new subdivisions (e) and (f) are added to read as follows:

(d) located outside of a city with a population in excess of one million and where the building or real property is utilized as elementary or secondary

school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof[.]; or

(e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or

(f) where a building is used as a public housing project in violation of a personally communicated request to leave the

premises

from housing police officer or other person in charge thereof.

§ 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 435

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AN ACT to amend the New York city civil court act, in relation to

commercial claims
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 (a) of section 1801-A of the New York city civil court act, as amended by chapter 847 of the laws of

1990, is amended to read as follows:

(a) The term "commercial claim" or "commercial claims" as used in this article shall mean and include any cause of action for money only not in excess of the maximum amount permitted for a small claim in the small claims part of the court, exclusive of interest and costs, provided that subject to the limitations contained in section eighteen hundred nine-A of this article, the claimant is a corporation, partnership or association, which has its principal office in the [City] state of New York and provided that the defendant either resides, or has an office for the transaction of business or a regular employment, within the city of New York.

§ 2. This act shall take effect immediately,

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CHAPTER 436

(See REPEAL NOTE at end of Chapter.)

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ACT amend chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, in relation to increasing the number of members of the board of directors of the corporation, correcting certain sections of such chapter and repealing section 15 thereof, and to amend the state finance law, in relation to the deposit of corporation funds 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 Assenbly, do enact as follows:

Section 1. Subdivision 2 of section 1 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, is amended to read as follows:

2. It is further found that a performing arts center designed to serve public purposes and uses in the capital city and the surrounding region as well as state purposes and uses has been constructed as a part of the Nelson A. Rockefeller Empire State Plaza in the city of Albany. The performing arts center is the ellipsoidal structure which houses the nine hundred [fifty] eighty-six seat auditorium and the [five] four hundred sixty seat recital hall and other facilities herein described.

§ 2. Section 3 of chapter 688 of the laws of 1979, relating to creating the Nelson A. Rockefeller Empire State Plaza performing arts center corporation, is amended to read as follows:

§ 3. Nelson A. Rockefeller Empire State Plaza performing arts center corporation. 1. A corporation to be known as the Nelson A. Rockefeller Empire State Plaza performing arts center corporation is hereby created. Such corporation shall be a body corporate and politic constituting a public benefit corporation and its existence shall commence upon the appointment of the members of the board of directors as herein provided. It shall have the powers and privileges of a corporation and all of its business shall be transacted, all funds invested, all warrants for money drawn and payments made, and all cash and securities and other personal and real property shall be held under its corporate name.

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