Imágenes de páginas
PDF
EPUB

use

[merged small][ocr errors][merged small][ocr errors]

on

[ocr errors][ocr errors]

a

[ocr errors][ocr errors][merged small][merged small]

a

act.

EITIT ntal com

as

[merged small][ocr errors]

the proposed special use permit. Upon its granting of said special
permit, any such conditions must be met in connection with the issuance
of permits by applicable enforcement agents or officers of the village.

5. Waiver of conditions. The village board of trustees may further
empower the authorized board to, when reasonable, waive any preestab-
lished requirements for the approval, approval with modifications or
disapproval of special use permits submitted for approval. Any such
waiver, which shall be subject to appropriate conditions set forth in
the local law adopted pursuant to this section, may be exercised in the
event
any such

requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.

6. Public hearing and decision on special use permits. The authorized board shall conduct a public hearing within sixty-two days from the day an application is received

any matter referred to it under this section. Public notice of said hearing shall be printed in newspaper of general circulation in the village at least five days prior to the date thereof. The authorized board shall decide

upon

the application within sixty-two days after the conduct of the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the village clerk within five business days after the day such decision is rendered, and copy thereof nailed to the applicant.

7. Notice to applicant and county, metropolitan or regional planning agency. At least ten days before such hearing, the authorized board shall mail notices thereof to the applicant and to the county, metropolitan or regional planning agency, required by section two hundred thirty-nine-m of the general municipal law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in subdivision one of section two hundred thirty-nine-m of the general municipal law. 8. Compliance with state environmental quality review act.

The authorized board shall comply with the provisions of the state environmental quality review act' under article eight of the environmental conservation law and its implementing relations* as codified in 6NYCRR617.

9. Court review. Any person 28grieved by a decision of the planning board or such other designated body or any officer, department, board or bureau of the village may apply to the supreme court for review by a proceeding under article seventy-eight of the civil, practice law and rules. Such proceedings shall be instituted within thirty days after the filing of a decision by such board in the office of the village clerk. The court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The court at special term shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.

10. Costs. Costs shall not be allowed against the planning board or other administrative body designated by the village board of trustees unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.

11. Preference. All issues addressed by the court in any proceeding under this section shall have preference

all civil actions and proceedings.

§ 5. This act shall take effect July 1, 1993 and shall apply to all applications for site plan approval and special use permits submitted on

after such date, and shall apply to all local laws and ordinances adopted on or after such date.

* So in original. ("relations" should be "regulations". )
EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

ske

[merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors]

over

or

[ocr errors]

to be omitted.

و من منی کی

[merged small][ocr errors]

AN ACT to amend the education law, in relation to dormitory authority

construction and financing of facilities for state-supported schools for blind and deaf students

[ocr errors][ocr errors]

or

а

[ocr errors][ocr errors]

Became a law July 31, 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 6 of section 407-b of the education law, as added by chapter 407 of the laws of 1989, is amended to read as follows:

6. Title other real property rights, to the [educational or residential] capital facilities financed pursuant to this section shall remain with the dormitory authority until the dormitory authority certifies to the commissioner and the comptroller the receipt by it of the amount necessary to pay the aggregate amount of annual rentals to the dormitory authority. At such time, title or other real property rights thereto shall be transferred by the dormitory authority to the statesupported school [for use for educational or residential purposes). In order to avail 'itself of the provisions of this section, each statesupported school must also agree to continue to operate

program for the education of children pursuant to article eighty-five of this chap; ter and chapter one thousand sixty of the laws of nineteen hundred seventy-four, and any lease, sublease or other agreement with the dormitory authority shall provide that, if the state-supported school shall cease to operate (such a program] at any time during the term of the agreement, the school shall have the obligation to pay the total aggregate amount of annual rentals to the dormitory, authority. Upon a determination that the state-supported school is unable to satisfy, such obligations, the state [will have the option to] may take such title [to ail] or other real property rights of the dormitory authority in such land, buildings, equipment and other properties which the statesupported school uses for its program upon payments, subject to appropriations, by the

to

the dormitory authority of the amount required to pay the total aggregate amount of annual rentals to the dormitory authority.

. Paragraph (a) and subparagraphs (iii) and (iv) of paragraph (Þ) of subdivision 8 of section 407-b of the education

added by chapter 407 of the laws of 1989, are amended to read as follows:

(a) Each state-supported school which elects to avail itself of the provisions of this section shall have established with the state comptroller school capital facilities financing reserve account which shall be used to pay to the dormitory authority the annual rentals payable to the dormitory authority by state-supported schools which have entered into leases, subleases or other agreements with the dormitory authority, to provide educational or residential facilities pursuant to this section or to reimburse the state for expenditures from appropriations made pursuant to subdivision seven of this section. The dormitory authority shall identify to the state comptroller and to the commissioner the state-supported schools with which it has leases, subleases or other agreements pursuant to this section and shall annually certify the

amount of annual rentals required to be paid pursuant to such leases, subleases or other agreements.

(iii) Revenues in any special account in the school capital facilities financing, reserve fund may be commingled with any other moneys

in such fund. Ali deposits of such revenues shall be secured by obligations of the United States

of the state of New York or its political subdivisions. Such obligations shall have a market value not less than one hundred five percent of the amount of such deposits. All the banks and trust companies are authorized to give security for such deposits. Any such revenues in such fund may, in the discretion of the comptroller, be invested in obligations of the United States or the state [of] or obligations [with] the principal of and interest on which are guaranteed by

the United

States or by the states, any]. Any interest earned shall be credited to such fund.

(iv). Upon receipt by the comptroller of a certificate or certificates from the dormitory authority that it requires a payment [from] of payments [to comply with any lease, sublease or other agreement pursuant

law

as

a

[ocr errors]

v author

to this section] from the appropriate special account established for a
state-supported school to comply with

any lease, sublease or other
agreement pursuant to this section, each of which certificate shall
specify the required payment or payments and the date when the payment
or payments is required, the comptroller shall pay from such special ac-
count

before the specified date or within thirty days after receipt of such certificate or certificates, whichever is later, to the paying agent designated by the dormitory authority in any such'certificate, the amount or amount's so certified.

§ 3. This act shall take effect immediately.

ced schmec

on

or

[ocr errors][merged small]

CHAPTER 696

iona, as 600 m Cational tion s. rits der it of 3 tals to o Tty nie

the stee poses] each stez CORIAN IRIS (

AN ACT to amend the education law, in relation to the distribution of

prescription forms

the same 100 ersche

Became a law July 31, 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 6810 of the education law is amended by adding a
new subdivision 9 to read as follows:

9. No person, corporation, association or other entity, not licensed to issue a prescription pursuant to this title, shall wilfully cause prescription forms, blanks or facsimiles thereof to be disseminated to any person other than a person who is licensed to issue prescription pursuant to this title. A violation of this subdivision shall be a class ß misdemeanor punishable in accordance with the provisions of the penal law.

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

a

[ocr errors][ocr errors][ocr errors][ocr errors]

CHAPTER 697

[merged small][ocr errors][ocr errors][merged small][merged small]

to

cila

AN ACT to amend the family court act, in relation to the waiver of a
hearing held to determine the return of a child temporarily removed
Became a law July 31, 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. The opening paragraph of section 1028 of the family court
act, as amended by chapter 140 of the laws of 1990, is amended read
as follows:

Upon the application of the parent or other person legally responsible
for the care of a child temporarily removed under this part or upon the
application of the law guardian for an order returning the child, the
court shall hold a hearing to determine whether the child should be
returned (i) unless there has been a hearing pursuant to section ten
hundred twenty-seven of this act on the removal of the child at which

or other person legally responsible was present and had the
opportunity to be represented by counsel, or (ii) upon good cause shown.
Except for good cause shown, such hearing shall be held within three
court days of the application and shall not be adjourned. Upon such
hearing, the court shall grant the application, unless it finds that the
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

the parent

[ocr errors][ocr errors]

return presents an imminent risk to the child's life or health.

If a parent or other person legally responsible for the care of a child waives his or her right to a hearing under this section, the court shall advise such person at that time that, notwithstanding, such waiver, an application under this section may be made at any time during the

pendency of the proceedings.

§ 2. This act shall take effect immediately.

[merged small][ocr errors][merged small][ocr errors]
[ocr errors]

AN ACT to amend the mental hygiene law, in relation to the appointment

of guardians for personal needs and property management for persons
who are likely to suffer harm because they are unable to provide for
personal needs including food, shelter, health care, or safety and/or
are unable to manage property and financial affairs and repealing cer-
tain provisions of such law relating thereto
Became a law July 31, 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 Assen-
bly, do enact as follows:

Section 1. Article 77 of the mental hygiene law is repealed. § 2. Article 78 of the mental hygiene law, is repealed.

§ 3. The mental hygiene law is amended by adding a new article 81 to read as follows:

ARTICLE 81

PROCEEDINGS FOR APPOINTMENT OF A GUARDIAN FOR PERSONAL NEEDS

OR PROPERTY MANAGEMENT

Section 81.01 Legislative findings and purpose.
81.02 Power to appoint a guardian of the person and/or property;

standard for appointment.
81.03 Definitions.
81.04 Jurisdiction.
81.05 Venue.
81.06 who may commence a proceeding.
81.07 Notice.
81.08 Petition.
81.09 Appointment of court evaluator.
81.10 Counsel.
81.11 Hearing.
81.12 Burden and quantum of proof.
81.13 Timing of hearing.
81.14 Record of the proceedings.
81.15 Findings.
81.16 Dispositional alternatives.
81.17 Nomination of guardian.
81.18 Foreign guardian for a person not present in the state,
81.19 Eligibility as guardian.
81.20 Duties of guardian.
81.21 Powers of guardian; property management.
81.22 Powers of guardian; personal needs.
81.23 Provisional remedies'.
81.24 Notice of pendency.
81.25 Filing of bond by guardian.
81.26 Designation of clerk to receive process.
81.27 Commission to guardian.
81.28 Compensation of guardian.
81.29 Effect of the appointment on the incapacitated person.
81.30 Initial report.
81.31 Annual report.
81.32 Examination of initial and annual reports.

:

[blocks in formation]

a

appointed Or pers. proride

ealing ce

ernom C.

same

and Asset

or

icle :

81.33 Intermediate and final report.
81.34 Decree on filing instruments approving accounts.
81.35 Removal of guardian.
81.36 Discharge or modification of powers of guardian.
81.37 Resignation or suspension of powers of guardian.
81.38 Vacancy in office.
81.39 Guardian education requirements.
81.40 Court evaluator education requirements.
81.41 Court examiner education requirements.

81.42 Compliance.
§ 81.01 Legislative findings and purpose.

The legislature hereby finds that the needs of persons with incapacities are as diverse and complex as they are unique to the individual. The current system of conservatorship and committee does not provide the necessary flexibility to meet these needs. Conservatorship which traditionally compromises person's rights only with respect to property frequently is insufficient to provide necessary relief. On the other hand, a committee, with its judicial finding of incompetence and the accompanying stigma and loss of civil rights, traditionally involves deprivation that is often excessive and unnecessary; Moreover, certain persons require some form of assistance in meeting their personal and property management needs but do not require either of these drastic remedies. The legislature finds that it is desirable for and beneficial to persons with incapacities to make available to them the least restrictive form of intervention which assists then in meeting their needs but, at the

time, permits them to exercise the independence and self-determination of which they are capable. The legislature declares that it is the purpose of this act to promote the public welfare by establishing a guardianship system which is appropriate to satisfy either personal property management needs of an incapacitated, person in a manner tailored to the individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of independence and selfdetermination and participation in all the decisions affecting such person's life. § 81.02 Power to appoint a guardian of the person and/or property; stan

dard for appointment. (a) The court

may appoint guardian for a person if the court determines :

1. that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health

care, safety and/or to manage the property and financial affairs of that person; and

2. that the person agrees to the appointment, or that the person is incapacitated as defined in subdivision (b) of this section. In deciding whether the appointment is necessary, the court shall consider the report of the court evaluator, as required in paragraph five of subdivision (c) of section 81.09 of this article, and the sufficiency and reliability of available resources, as defined in subdivision (e) of section 81.03 of this article, to provide for personal needs or property management without the appointment of a guardian. Any guardian appointed der this article shall be granted only those powers which are necessary to provide for personal needs and/or property management of the incapac

in such manner as appropriate to the individual and which shall constitute the least restrictive form of intervention, defined in subdivision (d) of section 81.03 of this article.

(b). The determination of incapacity shall be based on clear and convincing evidence and shall consist of a determination that a

person is likely to suffer harm because :

1. the person is unable to provide for personal needs and/or property management; and 2. the person cannot adequately understand and appreciate the nature

(chor In reaching it's determinat ion, the court shall give primary consideration to the functional level and functional limitations of the person. Such consideration shall include an assessment of that person's:

1. management of the activities of daily living, as defined in subdi-
vision (h) of section 81.03 of this article;
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

[ocr errors]

a

[ocr errors]

or

un

itated person

a

as

[ocr errors][ocr errors]
« AnteriorContinuar »