necessary, convenient or desirable for the accommodation of passengers and cargo or the docking, sailing, landing, taking off, accommodation or servicing of such marine craft or aircraft.

§ 2. This act shall take effect immediately.

CHAPTER 570

AN ACT to authorize the city of Elmira to fund certain revenue anticipation notes by the issuance of serial bonds

Became a law June 5, 1973, 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. The city of Elmira is hereby authorized to issue from time to time serial bonds for the specific object or purpose of funding revenue anticipation notes of said city which have been issued and which may be issued in anticipation of the receipt of grants from the United States government for flood disaster relief resulting from the hurricane in the year nineteen hundred seventytwo. In anticipation of the issuance of such bonds, bond anticipation notes are hereby authorized to be issued.

§ 2. Such specific object or purpose is hereby declared to be a public purpose for which the city of Elmira is hereby authorized to expend its money, including the proceeds of the bonds and notes herein authorized to be issued, and the period of probable usefulness thereof is hereby determined to be five years, computed from the date of such bonds or, if bond anticipation notes shall have been issued in anticipation thereof, as computed from the date of the earliest note or notes so issued. The provisions of section 107.00 of the local finance law shall not be applicable to the issuance of such serial bonds, or bond anticipation notes.

§ 3. Except as otherwise provided in this act, such serial bonds and any bond anticipation notes, including notes in renewal thereof, issued in anticipation of the sale of such bonds, shall be authorized, sold, executed and issued and shall mature in the manner prescribed by the local finance law and any other applicable law.

§ 4. This act shall take effect immediately.

CHAPTER 571

AN ACT to confer jurisdiction on the court of claims to hear, audit and deter-2 mine the claim of Philip L. Serafine and Georgina G. Serafine against the state for compensation for value of certain lands in Monroe county appropriated by the state for highway purposes and to render judgment therefor Became a law June 5, 1973, 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. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim or claims of Philip L. Serafine and Georgina G. Serafine of 904 Maple Drive, Webster, New York, or their successors in interest against the state for compensation, value and damages, including but not limited to consequential and severance damages to real property alleged to have been sustained by them by reason of the appropriation pursuant to section thirty of the highway law of certain lands in the county of Monroe for highway purposes in the construction or reconstruction of a part of a highway in such county and described in a certain map entitled "New York State Department of Public Works Description and Map for the Appropriation of Property, IrondequoitWayne County Line Expressway, Monroe County, Philip L. Serafine and Georgina G. Serafine, Map No. 170, Parcel No. 187".

Such map having been filed in the office of the county clerk of Monroe county on July 19, 1967.

§ 2. If the court shall find that the lands of the claimants or any interest of said claimants in said lands or any part thereof were so appropriated, and that such claimants are the owners of the property affected thereby, or have some interest therein and have not been compensated for the value of and damages to such lands, or easement rights in such lands, or other interest in such lands, including consequential and severance damages, such value and damages shall constitute a legal and valid claim against the state and the state shall be liable therefor and the court may make an award and render judgment for such claimants and against the state in such sum as shall reasonably compensate the claimants for the value of such premises appropriated and for such damages sustained by reason of such appropriation.

§ 3. The state hereby consents to have its liability on such claim or claims determined notwithstanding the failure of the claimants to file such claim or claims or notice of intention to file such claim or to do any other act in relation to the presentation thereof within the time limited or prescribed by law, to the same extent and with the same effect as though said claim had been timely filed; provided such claim is filed with the court within six months after this act takes effect.

§ 4. Nothing herein contained shall be construed as passing upon the merits of such claim and no award shall be made or judg

9

ment rendered against the state unless sustained by such evidence as would create a liability against an individual or corporation.

§ 5. This act shall take effect immediately.

CHAPTER 572

AN ACT providing for the issuance of bond anticipation notes for a period of six years to finance the cost of constructing a high school building by central school district number one of the towns of Phelps, Manchester, Hopewell and Seneca, Ontario county, Arcadia and Lyons, Wayne county and Junius, Seneca county

Became a law June 5, 1973, 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 the provisions of section 23.00 of the local finance law or any other general or special law to the contrary, central school district number one of the towns of Phelps, Manchester, Hopewell and Seneca, Ontario county, Arcadia and Lyons, Wayne county and Junius, Seneca county, is hereby authorized to issue its bond anticipation notes for a period of six years to finance the construction of a high school building authorized to be financed by a bond resolution duly adopted by the board of education of said school district on December twenty-third, nineteen hundred sixty-eight, following approval of a levy of taxes for such purpose by the qualified voters of said school district on September twenty-fourth, nineteen hundred sixty-eight.

§ 2. The six year period with respect to each of the four issues of notes issued in anticipation of the issuance of bonds authorized by the bond resolution referred to in section one hereof, shall run from the date of the first note of each of the four issues of notes, respectively. In no event shall any such bond anticipation notes be renewed beyond January ninth, nineteen hundred seventy-six.

§ 3. Such bond anticipation notes shall be subject to all other provisions of the local finance law.

§ 4. This act shall take effect immediately.

CHAPTER 573

AN ACT to legalize and validate the publication of legal notices of the town of Cortlandt in the Evening Star

Became a law June 5, 1973, 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. The publication of any legal notice heretofore made by the town board or the chief fiscal officer of the town of Cortlandt,

Westchester county, in the Evening Star, a newspaper regularly published in the city of Peekskill, where such legal notice was required by statute to be made in the official newspaper of said town, is hereby legalized and validated, notwithstanding the fact that said newspaper was not the validly designated official newspaper of said town, that said town board had previously designated the Croton-Cortlandt News, a newspaper regularly published in the town of Cortlandt and otherwise qualified to be the official newspaper of said town, as the official newspaper of said town, and notwithstanding the fact that any of such notices were not published in the official newspaper of said town.

§ 2. This act shall take effect immediately.

CHAPTER 574*

AN ACT in relation to the city court of the city of Ithaca, its judges and officers and repealing chapter four hundred fifteen of the laws of nineteen hundred thirty-one, entitled "An Act in relation to the city court of the city of Ithaca, its judges and officers", relating thereto

Became a law June 5, 1973, 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. City court continued. 1. The city court of Ithaca as herein constituted shall be continued as a court not of record.

2. Short title. The short title of this act shall be the Ithaca city court act.

3. Power and jurisdiction. Such court shall be governed in its jurisdiction, practice and procedure by the provisions of the uniform city court act and in civil matters shall have jurisdiction when the sum claimed does not exceed two thousand dollars, exclusive of interest and costs.

4. (a) Qualifications and election of judge. The city judge of the city of Ithaca shall be elected in the same manner as other city officers are elected, and the person so elected shall take his office on the first day of January following such election, and the term of said office shall be for four years.

(b) The city judge shall be an attorney and counselor of the supreme court of the state of New York of not less than five years' standing and a resident elector of the city of Ithaca for not less than three years, and upon his ceasing to be such the office shall become ipso facto vacant. Election to such office shall not bar him from the general practice of law.

5. Compensation; oath of office. The city judge shall receive such compensation as may be fixed and determined by the common

* NOTE.-Chapter 415 of the laws of 1931 and acts amendatory thereto proposed to be repealed by this act pertains to the city court of the city of Ithaca.

council which may be increased by the common council from time to time before or during the term of office of such judge, and shall before entering upon the discharge of his duties, take the oath of office prescribed by law and file the same in the office of the clerk of the city of Ithaca and in the office of the clerk of the county of Tompkins.

6. (a) Acting city judge; appointment; compensation. At the first meeting of the common council in January in each year, it shall be the duty of the mayor subject to the ratification of the common council of the city of Ithaca to appoint some suitable person, who shall possess the qualifications of the city judge as in this act provided, to act as city judge when so directed by the city judge or in case of the sickness, vacation, absence from the city or disability of the city judge or in case the latter files certificate of disability as to any action or proceeding, civil or criminal, and who may be removed by the common council whenever said council shall deem it advisable. While so acting the said acting city judge shall, in addition to his name, sign all papers as "acting city judge of the city of Ithaca," and shall have all the powers and perform all the duties incumbent upon the city judge. The compensation of said acting city judge shall be such sum as the common council shall determine, to be allowed and paid by the common council upon the presentation by such acting city judge of a verified bill of items for his services, if any, shall be presented to the common council members.

(b) In any action or proceeding, civil or criminal, in which acting city judge shall act, there shall be noted in docket cause for his appearance in the action.

7. Employment; appointment; supervision; removal. The city judge shall appoint a clerk of said court and such other employees, including deputy clerks, court attendants, stenographers and marshalls, as may be provided for by the common council. The city judge shall supervise such employees and they shall serve at the pleasure of the city judge, except as otherwise provided by law. The clerk of the court shall be a competent stenographer. It shall be the duty of said clerk to attend upon said court at such time as he is directed so to do by the city judge, and to keep the dockets and books of account thereof and to make up the returns to the county court erefrom under the direction of the city judge. A marshall a sinted by the city judge shall attend sessions of the city court and act as a court officer as the city judge may direct, and shall perform such other duties as are elsewhere herein set forth. He shall receive such compensation as may be fixed by the common council. He shall not execute any criminal process. The marshall shall be entitled to charge and to receive for his own use, for services rendered at the request of a party to any Matter between stars, so in original.