Title DEA, Defense Emergency Act 1951 784/51

§ 35. State civil defense aid for fallout protection at schools, colleges and universities. 1. Subject to the limitations and conditions prescribed in this section, the trustees or board of education of every school district, the board of higher education in the city of New York…

§ 36. Implied warranty in contracts for shelters. 1. In any sale of or in any contract (a) to sell, (b) to construct, or (c) to alter or improve any area or portion of a building, structure, or other real property in order to provide any facility represented, expressly or implie…

§ 37. Consumer protection against substandard shelters. 1. It shall be unlawful for any person, firm, association or corporation, or for any agent, officer, employee or member thereof to fail to make prompt and full disclosure of the fact that a facility does not comply with the…

§ 38. Compliance with local building regulations and restrictive covenants. 1. As used in this section: "Department" shall mean the department, bureau, division, agency or person, including any joint agency, of a county, city, town or village, charged with the enforcement of the…

§ 40. Powers of certain state officers and agencies. Nothwithstanding the provisions of any law, for the purpose of providing during the defense emergency (a) for unanticipated or emergency needs for the protection of the safety and health of the people of the state in the event…

§ 41. Waiver of type, weight and size limitations for certain vehicles. 1. As used in this section "public highway" shall mean and include any highway, road, street, avenue, alley, public place, public driveway, parkway, bridge or any other public way in the state. 2. Notwithsta…

§ 42. Contracts for research work in health matters related to the defense emergency. The state commissioner of health and the state commissioner of mental hygiene shall have power, individually and collectively, to contract for the accomplishment of research work for the armed …

§ 43. Emergency health and sanitation areas. 1. Whenever the governor shall determine that (a) because of the existence of any military or naval establishment of the United States, or of any other establishment or facility constructed, enlarged or placed in operation subsequent …

§ 44. Emergency measures to protect milk supply. When in the opinion of the commissioner of health a milk or cream supply has been so contaminated as to be potentially dangerous to health or serious curtailment of such a supply is threatened as a result of accident, sabotage or …

§ 46. Production and sale of prison-made articles and materials essential to the defense effort. Notwithstanding any inconsistent provision of law, and during the defense emergency, under and pursuant to such regulations as may be adopted jointly by the state commissioner of cor…

§ 5. Persons eligible to succeed governor. If, as a result of an attack or a natural or peacetime disaster, the office of governor becomes vacant and each of the lieutenant governor, the temporary president of the senate and the speaker of the assembly is unable to discharge the…

§ 6. An individual who is acting as governor under this article shall continue to do so until the vacancy in the office of governor shall be filled by election or by the qualification of the lieutenant governor, the temporary president of the senate or the speaker of the assembl…

§ 70. Definition. As used in this article: "Defense work" shall mean noncombatant service performed in connection with (a) the manufacture, production and distribution of articles and materials for defense on or for contracts for the armed forces of the United States, or for any…

§ 71. Dispensing power. Notwithstanding any inconsistent provision of law the industrial commissioner is hereby authorized, during the defense emergency and subject to the provisions of this article, to grant dispensations to employers engaged in defense work from requirements i…

§ 72. Dispensing power on public work. During the existence of the defense emergency and subject to the provisions of this article, the industrial commissioner and, on appeal, the New York state board of standards and appeals are hereby authorized to grant dispensations to preve…

§ 73. Legislative standards and limits of dispensing power. The granting of dispensations pursuant to this article shall be subject to the following standards and limits: (a) No dispensation shall be granted to any employer with respect to the employment of minors under the age …

§ 74. Application for dispensation. 1. Employers in defense work may make applications for dispensation pursuant to this article in such manner and upon such forms as the commissioner of labor shall prescribe. The commissioner of labor may, after hearing upon due notice, revoke …

§ 75. Appeals. Any person in interest who is aggrieved by any determination of the industrial commissioner with respect to an application for or grant, denial or revocation of a dispensation under this article may appeal to the New York state board of standards and appeals. Such…

§ 76. Misrepresentation. Any person who wilfully makes a material misrepresentation of fact or purpose to the industrial commissioner or to the board of standards and appeals in an application or appeal for dispensation under this article is guilty of a misdemeanor and any dispe…

§ 77. Liabilities under dispensation. Except as provided in section seventy-six of this act, no person, firm or corporation engaged in defense work to whom a dispensation granted pursuant to this article is in effect, shall be liable, under any penal or civil law, for operation …

§ 78. Temporary restriction of jurisdiction of the board of standards and appeals. For the limited purposes and duration of this article, subdivision five of section one hundred sixty-one of the labor law is hereby modified so as to relieve the board of standards and appeals of …

§ 80. Definitions. As used in this article the following terms shall mean and include: 1. "Highway." Any private or public highway, street, way, waterway, or other place used for travel. 2. "Commissioner." The state commissioner of transportation.

§ 81. Petition to close or restrict use of travel upon highways or to post property. (a) Any agency of the United States engaged in or concerned with the defense effort, (b) any agency of the state, (c) the chief executive officer or the governing body of any political subdivisi…

§ 82. Order of commissioner closing or restricting use of highways. 1. If the commissioner is satisfied that the public safety and security, the defense effort, or the safety of property of the petitioner so require, he shall, in the case of a highway under his supervision and c…

§ 83. Authority to post. If the commissioner is satisfied that the public safety or security, the defense effort or the safety of property of the petitioner so require, he may grant a petition to post property and issue an order authorizing the petitioner to post any part of or …

§ 84. Violations; penalty. 1. Any person who wilfully violates an order made pursuant to this article shall be guilty of a misdemeanor and be punished upon conviction by an imprisonment for not more than ten days, or a fine of not more fifty dollars, or both.

§ 85. Powers of peace officers. Any peace officer or any person employed as watchman, guard or in a supervisory capacity on premises posted in accordance with the provisions of section eighty-three of this act may stop any person found on any premises so posted and may detain hi…

§ 86. Construction. Nothing in this article shall impair, curtail or destroy the rights of employees or their representatives to self-organization, to form, join or assist labor organizations to bargain collectively through representatives of their own choosing or to engage in l…

§ 90. Definitions. 1. "Institution," when used in this article, shall mean and include any banking organization or licensed lender within the meaning of such terms as defined in section two of the banking law, any branch or agency of a foreign banking corporation licensed to do …

§ 91. Change of location. Any institution, without complying with any provision of law requiring approval or application for approval of a change of location of its place or places of business, may from time to time change the location of any of its places of business with respe…

§ 92. Emergency boards of directors. 1. Notwithstanding any other law or any provision of the charter of any corporate institution to the contrary, if at any time during a period of acute emergency with respect to any corporate institution, no person otherwise empowered to call …

§ 93. Powers of the superintendent. 1. In the event that at any time during a period of acute emergency, the number of directors or acting directors of an institution which is a corporation who are present and capable of acting shall be less than three, the superintendent shall …

§ 94. The superintendent of financial services. 1. During a period of acute emergency affecting any area within this state, the superintendent shall have power to call meetings of the superintendent of financial services created by section thirteen of the banking law upon such p…

§ 95. General provisions. 1. In any action or proceeding it shall be presumed that a condition of acute emergency existing within any city or county within the state constitutes a condition of acute emergency with respect to every institution within such city or county. 2. The b…

§ 96. Definitions; interpretation of article. 1. When used in this article, the following terms shall mean and include the following: (a) "Organization"--any insurer, rating organization, service or advisory organization, joint underwriting association, welfare or pension fund, …

§ 97. Emergency by-laws. 1. With the approval of the superintendent, any domestic organization may, at any time, adopt, in the same manner as in the case of ordinary by-laws, emergency by-laws to become operative during a period of acute emergency. Emergency by-laws may contain …

§ 98. Change of location; emergency boards of directors. 1. Notwithstanding any provision of its charter, any domestic organization, without complying with any provision of law requiring approval or application for approval of a change of location of its principal office, may fr…

§ 99. Powers of the superintendent. 1. If at any time during an acute emergency, the number of directors or acting directors of a domestic organization who are capable of acting shall be less than three, the superintendent shall have the power to designate additional acting dire…

§ 99-a. General provisions. 1. In any action or proceeding it shall be presumed that an acute emergency existing within any city or county within the state constitutes an acute emergency affecting every organization doing business within such city or county. 2. During an acute e…