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CHAPTER 414

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ACT to amend the election law, in relation to the value of refreshments and provisions which can be given away in respect to any tion on that day

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. Section 17-140 of the election law, the undesignated paragraph as amended by chapter 154 of the laws of 1985, is amended to read as follows:

§ 17-140. Furnishing money or entertainment to induce attendance at polls. Any person who directly or indirectly by himself or through any other person in connection with or in respect of any election during the hours of voting on a day of a general, special or primary election[,] gives or provides, or causes to be given or provided, or shall pay [for], wholly or in part, for any meat, drink, tobacco, refreshment or provision[,] to or for any person, other than persons who are official representatives of the board of elections or political parties and committees and persons who are engaged as watchers, party representatives or workers assisting the candidate, except any such meat, drink, tobacco, refreshment or provision having a retail value of less than one dollar, which is given or provided to any person in a polling place without any identification of the person or entity supplying such provisions, is guilty of a Class A misdemeanor.

§ 2. This act shall take effect immediately.

CHAPTER 415

AN ACT to amend the domestic relations law, in relation to consideration of barriers to remarriage

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:

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Section 1. Subdivision 5 of part B of section 236 of the domestic relations law is amended by adding a new paragraph h to read as follows: h. In any decision made pursuant to this subdivision the court shall, where appropriate, consider the effect of a barrier to remarriage, defined in subdivision six of section two hundred fifty-three of this article, on the factors enumerated in paragraph d of this subdivision. § 2. Subdivision 6 of part B of section 236 of the domestic relations law is amended by adding a new paragraph d to read as follows: d. In any decision made pursuant to this subdivision the court shall, where appropriate, consider the effect of a barrier to remarriage, defined in subdivision six of section two hundred fifty-three of this article, on the factors enumerated in paragraph a of this subdivision. § 3. This act shall take effect on the thirtieth day after it shall have become a law.

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CHAPTER 416

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 William Uzenski, notwithstanding expiration of the two year period within which application may be made to city to release its interest in property thus acquired; Block No. 9060, Lot No. 1 on tax map for the borough of Queens

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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. In 1984, through a Queens in rem tax foreclosure action, the city of New York acquired title to premises designated as lot #1 in tax block 9060, also known as 87-02 97th Avenue, in the borough of Queens, based on non-payment of taxes due to inadvertence and absence of notice received by William Uzenski, 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 former 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 section 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 9060, lot #1, on 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.

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

CHAPTER 417

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 George A. Weissblum, the trustee and executor under the last will and testament of Theople Irene Rhea, or to the distributees under the will of said decedent, 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. 12825, Lot No. 564 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 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 March 12, 1984, through Queens in rem tax foreclosure action #38, the city of New York acquired title to premises designated as lot #564 in tax block 12825 in the borough of Queens, based on non-payment of taxes due to inadvertent failure to pay taxes thereon by George A. Weissblum, the trustee and executor of the estate of Theople Irene Rhea, 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 1S 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 executor, trustee or distributees of the aforesaid former 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 section 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 12825,, lot #564, on the tax map of the city for the borough of Queens as said map was on September 15, 1982, to the former record owner of said property on such date (or to the executor or trustee or distributees under the last will and testament of such former record owner).

§ 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 or grantees meeting the following conditions precedent:

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(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. (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 418

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 James Ojeda, 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. 11970, Lot No. 60 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 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. In 1984, through a Queens in rem tax foreclosure action, the city of New York acquired title to premises designated as lot #60 in tax block 11970, also known as 114-11 140th Street, in the borough of Queens, based on non-payment of taxes due to inadvertence and absence of notice received by James Ojeda, 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 former owner or his survivor. 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 section 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 11970, lot #60, on 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 (or his survivor).

§ 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.

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

CHAPTER 419

AN ACT to amend the general business law, the New York city charter and the vehicle and traffic law, in relation to motor vehicle alarms

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. Section 399-u of the general business law, as added by chapter 668 of the laws of 1990, is amended to read as follows:

§ 399-u. Motor vehicle alarms. 1. On and after the effective date of this section, all devices offered for sale or installed in the state as alarms for motor vehicles shall be so equipped and shall function so that the audible portion of the alarm resets and ceases to sound not more than [five] three minutes after it is activated and commences sounding. No audible burglar alarm in a motor vehicle shall be capable of being activated unless there is direct physical contact with that motor vehicle.

2. A violation of the provisions of this section shall constitute an offense punishable by a fine of not more than one hundred dollars for the first offense and not more than two hundred fifty dollars for a second or subsequent offense.

§ 2. Subparagraph (a) of paragraph 2 of subdivision d of section 1404 of the New York city charter, as amended by chapter 720 of the laws of 1991, is amended to read as follows:

(a) The environmental control board shall not enter any final decision or order pursuant to the provisions of paragraph one of this subdivision unless the notice of violation shall have been served in the same manner as is prescribed for service of process by article three of the civil practice law and rules or article three of the business corporation law, except that:

(i) service of a notice of violation of any provisions of the charter or administrative code the enforcement of which is the responsibility of the fire commissioner, the commissioner of buildings, the commissioner of environmental protection, the commissioner of transportation or the commissioner of ports and trade and over which the environmental control board has jurisdiction, may be made by delivering such notice to a person employed by the respondent on the premises the occupancy of which caused such violation; [and]

(ii) service of a notice of violation of any provision of the charter or administrative code, the enforcement of which is the responsibility of

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the commissioner of sanitation and over which the environmental control board has jurisdiction, may be made by affixing such notice in conspicuous place to the premises, the occupancy of which caused such violation[.]; and

(iii) service of a notice of violation of any provision of the administrative code relating to the prevention of noise pollution caused by an audible motor vehicle burglar alarm and over which the environmental control board has jurisdiction may be served upon the owner of a motor vehicle by affixing such notice to said vehicle in a conspicuous place.

§ 3. Subdivision (a) of section 1640 of the vehicle and traffic law is amended by adding a new paragraph 21 to read as follows:

21. Serve notice of a violation of any provision of local law or ordinance relating to the prevention of noise pollution caused by an audible motor vehicle burglar alarm and over which the city or village has

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