Title DEA, Defense Emergency Act 1951 784/51

§ 35. State civil defense aid for fallout protection at schools,\ncolleges and universities. 1. Subject to the limitations and conditions\nprescribed in this section, the trustees or board of education of every\nschool district, the board of higher education in the city of New Y…

§ 36. Implied warranty in contracts for shelters. 1. In any sale of or\nin any contract\n (a) to sell,\n (b) to construct, or\n (c) to alter or improve any area or portion of a building, structure,\nor other real property in order to provide\nany facility represented, expressly …

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

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

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

§ 41. Waiver of type, weight and size limitations for certain\nvehicles. 1. As used in this section "public highway" shall mean and\ninclude any highway, road, street, avenue, alley, public place, public\ndriveway, parkway, bridge or any other public way in the state.\n 2. Notwi…

§ 42. Contracts for research work in health matters related to the\ndefense emergency. The state commissioner of health and the state\ncommissioner of mental hygiene shall have power, individually and\ncollectively, to contract for the accomplishment of research work for\nthe ar…

§ 43. Emergency health and sanitation areas. 1. Whenever the governor\nshall determine that (a) because of the existence of any military or\nnaval establishment of the United States, or of any other establishment\nor facility constructed, enlarged or placed in operation subseque…

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

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

§ 5. Persons eligible to succeed governor. If, as a result of an\nattack or a natural or peacetime disaster, the office of governor\nbecomes vacant and each of the lieutenant governor, the temporary\npresident of the senate and the speaker of the assembly is unable to\ndischarge…

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

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

§ 71. Dispensing power. Notwithstanding any inconsistent provision of\nlaw the industrial commissioner is hereby authorized, during the defense\nemergency and subject to the provisions of this article, to grant\ndispensations to employers engaged in defense work from requirement…

§ 72. Dispensing power on public work. During the existence of the\ndefense emergency and subject to the provisions of this article, the\nindustrial commissioner and, on appeal, the New York state board of\nstandards and appeals are hereby authorized to grant dispensations to\np…

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

§ 74. Application for dispensation. 1. Employers in defense work may\nmake applications for dispensation pursuant to this article in such\nmanner and upon such forms as the commissioner of labor shall prescribe.\nThe commissioner of labor may, after hearing upon due notice, revo…

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

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

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

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

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

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

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

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

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

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

§ 86. Construction. Nothing in this article shall impair, curtail or\ndestroy the rights of employees or their representatives to\nself-organization, to form, join or assist labor organizations to\nbargain collectively through representatives of their own choosing or to\nengage …

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

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

§ 92. Emergency boards of directors. 1. Notwithstanding any other law\nor any provision of the charter of any corporate institution to the\ncontrary, if at any time during a period of acute emergency with respect\nto any corporate institution, no person otherwise empowered to ca…

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

§ 94. The superintendent of financial services. 1. During a period of\nacute emergency affecting any area within this state, the superintendent\nshall have power to call meetings of the superintendent of financial\nservices created by section thirteen of the banking law upon suc…

§ 95. General provisions. 1. In any action or proceeding it shall be\npresumed that a condition of acute emergency existing within any city or\ncounty within the state constitutes a condition of acute emergency with\nrespect to every institution within such city or county.\n 2. …

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

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

§ 98. Change of location; emergency boards of directors. 1.\nNotwithstanding any provision of its charter, any domestic organization,\nwithout complying with any provision of law requiring approval or\napplication for approval of a change of location of its principal\noffice, ma…

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

§ 99-a. General provisions. 1. In any action or proceeding it shall\nbe presumed that an acute emergency existing within any city or county\nwithin the state constitutes an acute emergency affecting every\norganization doing business within such city or county.\n 2. During an ac…