determining the expiration of their respective terms and the commencement of the terms of their successors, the term of office of each such initial member shall be deemed to have commenced on the first day of July of the year in which such college was established. The terms of office of all members of community college regional boards of trustees heretofore established, appointed or elected as provided in this subdivision, shall terminate on the thirtieth day of June of the calendar year within which such terms expire under the provisions of this subdivision as hereby amended. For the purpose of determining such year all initial terms of office of appointed members of the community college regional board of trustees heretofore established shall be deemed to have commenced on the first day of July of the year in which such community college regions were established and the terms of their successors for full terms, if any, shall be deemed to have commenced upon the expiration of the number of years from such date for which such initial appointments were made. The one member elected by and from among the students of the college may be removed by such students in accordance with rules and regulations promulgated by the respective representative campus student association in accordance with guidelines promulgated by the state university § 3. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law. trustees. CHAPTER 339 AN ACT to amend the insurance law, in relation to the payment of interest on surrenders, policy loans and other funds Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The insurance law is amended by adding a new section three thousand two hundred twenty-seven to read as follows: § 3227. Interest upon surrenders, policy loans and other funds. (a). Interest, at the rate provided for in section three thousand two hundred fourteen of this article, shall be payable by life insurers, fraternal benefit societies, and life insurance departments of savings banks upon: (1) the value of policies surrendered by policyholders for cash values, including the rollover of annuity funds to other entities, and (2) the funds disbursed as policy loans. Such interest payment shall be added to and be a part of the total sum paid or be paid separately at the option of the insurer. (b) The interest calculated on amounts described in paragraphs one and two of subsection (a) hereof shall be calculated from the date the documentation necessary to complete the transaction is received by the insurer and shall be payable if the funds are not mailed or delivered by the insurer within ten working days of said receipt. (c) No interest need be payable pursuant to this section unless the amount of such interest is at least twenty-five dollars or if the payment of benefits by the insurer has been deferred pursuant to other provisions of this chapter. (d) Irrespective of the payment of interest in accordance with the above provisions, such life insurers, fraternal benefit societies and life insurance departments of savings banks shall make disbursements under paragraphs one and two of subsection (a) hereof as expeditiously as possible. § 2. This act shall take effect July first, nineteen hundred eightysix. CHAPTER 340 AN ACT to amend the executive law, in relation to judicial review of orders of the state commissioner of human rights and the state division of human rights Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred ninety-eight of the executive law, as amended by chapter eighty-three of the laws of nineteen hundred eightyfour, is amended to read as follows: or § 298. Judicial review an enforcement. Any complainant, respondent or other person aggrieved by any order of the commissioner or division may obtain judicial review thereof, and the division may obtain an order of court for its enforcement and for the enforcement of any order of the commissioner which has not been appealed to the court, in a proceeding as provided in this section. Such proceeding shall be brought in the [appellate division of the] supreme court of the state] in the judicial department embracing the] county wherein the unlawful discriminatory practice which is the subject of the order occurs or wherein any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Such proceeding shall be initiated by the filing of a notice of petition and petition in such court, together]. Thereafter, at a time and in a manner to be specified by rules of court, the division shall file with the court a written transcript of the record of all prior proceedings [and the issuance and service of a notice of motion returnable before such appellate division of the supreme court. Thereupon]. Upon the filing of a notice of petition and petition, the court shall have jurisdiction of the proceeding and of the questions determined therein, [and] except that where the order sought to be reviewed was made as a result of a public hearing held pursuant to paragraph a of subdivision four of section two hundred ninety-seven of this article, the court shall make an order directing that the proceeding be transferred for disposition to the appellate division of the supreme court in the judicial department embracing the county in which the proceeding was commenced. The court shall have power to grant such temporary relief restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part such order. No objection that has not been urged in prior proceedings shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Any party may move the court to remit the case to the division in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, provided he shows reasonable grounds for the failure to adduce such evidence in prior proceedings. The findings of facts on which such order is based shall be conclusive if supported by sufficient evidence on the record considered as a whole. All such proceedings shall be heard and determined by the court and any appeal taken from its judgment or order shall be reviewed by the appropriate appellate court [of appeals] as expeditiously as possible and with lawful precedence over other matters. The jurisdiction of the [appellate division of the supreme court] courts over these proceedings, as provided for herein, shall be exclusive and [its judgment and order] their judgments and orders shall be final, subject to appellate review [by the court of appeals] in the same manner and form and with the same effect as provided for appeals from a judgment in a special proceeding. The division's сору of the testimony shall be available at all reasonable times to all parties for examination without cost and for the purposes of judicial review of such order. Any appeal under this section and any proceeding, if instituted EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law under article seventy-eight of the civil practice law and rules to which the division or the board is a party shall be heard on the record without requirement of printing. The division may appear in court by one of its attorneys. A proceeding under this section when instituted by any complainant, respondent or other person aggrieved must be instituted within sixty days after the service of such order. § 2. Notwithstanding any other provision of law, an appellate division of supreme court may transfer any proceeding for judicial review of an order or determination of the state commissioner of human rights or the state division of human rights, instituted therein prior to the effective date of this section, to the supreme court in the county wherein the unlawful discriminatory practice which is the subject of the order occurred or where in any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business; provided, however, the appellate division may not transfer any such proceeding wherein the order sought to be reviewed was made as a result of a public hearing held pursuant to paragraph a of subdivision four of section two hundred ninety-seven of the executive law. Any proceeding for judicial review of a determination of the human rights appeal board instituted in an appellate division prior to the effective date of this section shall be heard and determined in such court in accordance with the provisions of section two hundred ninety-eight of the executive law in effect on the day immediately preceding the effective date of this act. § 3. This act shall take effect immediately. CHAPTER 341 AN ACT to amend the penal law, in relation to the controlled substance phencyclidine, and repealing certain provisions thereof relating thereto Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision fourteen of section 220.00 of the penal law is repealed. 2. Section 220.05 of such law is repealed. § 3. Subdivision three of section 220.06 of such law, as amended by chapter four hundred ten of the laws of nineteen hundred seventy-nine, is amended to read as follows: 3. [five hundred] fifty milligrams or more of [undiluted] phencyclidine; or § 4. Section 220.09 of such law, as amended by chapter four hundred ten of the laws of nineteen hundred seventy-nine, is amended to read follows: as § 220.09 Criminal possession of a controlled substance in the fourth degree. A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses: 1. one or more preparations, compounds, mixtures or substances of an aggregate weight of one-eighth ounce or more containing a narcotic drug; mixtures or substances of an containing methamphetamine, or 2. one or more preparations, compounds, aggregate weight of one-half ounce or more its salts, isomers or salts of isomers; 3. one or more preparations, compounds, mixtures or substances of an aggregate weight of two ounces or more containing a narcotic preparation; or 4. one gram or more of a stimulant; or 5. one milligram or more of lysergic acid diethylamide; or 6. twenty-five milligrams or more of a hallucinogen; or 7. one gram or more of a hallucinogenic substance; or 8. ten ounces or more of a dangerous depressant; or 9. two pounds or more of a depressant; or 10. one or more preparations, compounds, mixtures or substances of an aggregate weight of one ounce or more containing concentrated cannabis as defined in paragraph (a) of subdivision five of section thirty-three hundred two of the public health law; or 11. [twenty-five] two hundred fifty milligrams or more of [undiluted] phencyclidine; or 12. three hundred and sixty milligrams or more of methadone; or 13. fifty milligrams or more of phencyclidine with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense. Criminal possession of a controlled substance in the fourth degree is a class C felony. § 5. Section 220. 16 of such law is amended by adding a new subdivision thirteen to read as follows: 13. one thousand two hundred fifty milligrams or more of phencyclidine. § 6. Subdivision two of section 220.25 of such law, as amended by chapter seven hundred seventy-two of the laws of nineteen hundred seventy-eight, is amended to read as follows: 2. The presence of a narcotic drug, narcotic preparation, marihuana or [undiluted] phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person. § 7. Section 220. 34 of such law, as added by chapter four hundred ten of the laws of nineteen hundred seventy-nine, is amended to read as follows: § 220.34 Criminal sale of a controlled substance in the fourth degree. A person is guilty of criminal sale of a controlled substance in the fourth degree when he knowingly and unlawfully sells: 1. a narcotic preparation; or 3. concentrated cannabis 2. ten ounces or more of a dangerous depressant or two pounds or more of a depressant; or as defined in paragraph (a) of subdivision five of section thirty-three hundred two of the public health law; or 4. [five hundred] fifty milligrams or more of [undiluted] phencyclidine; or 5. methadone; or 6. any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense. Criminal sale of a class C felony. controlled substance in the fourth degree is a eight of section 220.39 of such law, as added by chapter four hundred ten of the laws of nineteen hundred seventy-nine, is amended to read as follows: § 8. Subdivision 8. [undiluted phencyclidine in an amount of one gram or more] two hundred fifty milligrams or more of phencyclidine; or § 9. 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 CHAPTER 342 AN ACT to authorize the village of Colonie, county of Albany, to discontinue the use of certain lands as park lands and to transfer and convey such lands in exchange for other lands to be used for Cook Park purposes Became a law July 16, 1985, 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 other provision of law, the village of Colonie, county of Albany is hereby authorized to discontinue the use as park lands of the lands described in section two of this act and is authorized to exchange said lands for lands owned by Thomas Gentile, as described in section three of this act upon such terms and conditions as the village board of such village shall determine. Such lands to be acquired from said Thomas Gentile shall be added to the lands of Cook Park and used to complete an access road to such park. § 2. The lands authorized by this act to be discontinued as park lands are as follows: THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in the Village of Colonie, County of Albany, State of New York, bounded and described as follows: BEGINNING AT A POINT, said point being at the intersection of a diviṣion line of lands, now or formerly, of Thomas Gentile on the north and lands, now or formerly, of the Village of Colonie (Cook Park) on the south with the easterly line of a "Conrail" 100 foot right-of-way, from said point of beginning (along the first described division line), N61000-07′′E 330 feet, more or less, to a point; thence, $300-09′-04′′E 50 feet, more or less, to a point; thence, S61°-00-07"W 330 feet, more or less, to a point; thence, N-30°-09′ 4′′W 50 feet, more or less, to the point and place of beginning. The above described parcel containing 0.379, acres of land, more or less. All as shown on a map designated as "Map of Parcel to be Acquired by Thomas Gentile from the Village of Colonie; Situate in the Village of Colonie, County of Albany, State of New York, as prepared on March 5, 1985 by Laberge Engineering and Consulting Group Ltd. § 3. The lands authorized by this act to be acquired by the village of Colonie in exchange for the lands described in section two of this act are as follows: THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in the Village of Colonie, Town of Colonie, Albany County, State of New York, more particularly bounded and described as follows: BEGINNING AT A POINT, said point being at the interesection of a division line of lands, now or formerly, the Village of Colonie (Cook Park) on the east and lands, now or formerly, Thomas Gentile on the west with the southerly line of Lincoln Avenue (formerly Rapp Road); thence, from said point of beginning (along the first mentioned division line) at a bearing of S28°-59-53′′E, a distance of 831. 11 feet, more or less, to a point; thence, at a bearing S61°-00′-07"W, a distance of 30 feet, more or less, to a point; thence, at a bearing of N280-59′-53′′W, a distance of 235 feet, more or less, to a point; thence, at a bearing of N61°-00′07"E, a distance of 20 feet, more or less, to a point; thence, at a bearing of N28°-59′-53′′W, a distance of 600.26 feet, more or less, to a point of the southerly line of Lincoln Avenue (formerly Rapp Road); thence, along said southerly line at a bearing of N83°-31-15′′E, a distance of 10.83 feet, more or less to the point and place of beginning. The above described parcel containing 0.299 acres of land, more or less. |