2010 New York Code
EXC - Executive
Article 2-B - (20 - 29-H) STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS
29-A - Suspension of other laws.

§ 29-a. Suspension   of   other   laws.   1.   Subject  to  the  state
  constitution,  the  federal  constitution  and  federal   statutes   and
  regulations,  and  after  seeking  the  advice  of  the  commission, the
  governor may by executive order temporarily suspend specific  provisions
  of  any  statute, local law, ordinance, or orders, rules or regulations,
  or parts thereof, of any agency during a state  disaster  emergency,  if
  compliance  with  such provisions would prevent, hinder, or delay action
  necessary to cope with the disaster.
    2. Suspensions pursuant to subdivision one of this  section  shall  be
  subject to the following standards and limits:
    a.  no suspension shall be made for a period in excess of thirty days,
  provided, however, that upon reconsideration  of  all  of  the  relevant
  facts  and  circumstances,  the  governor  may extend the suspension for
  additional periods not to exceed thirty days each;
    b. no suspension shall be made which does not safeguard the health and
  welfare of the public and which  is  not  reasonably  necessary  to  the
  disaster effort;
    c.  any  such  suspension  order shall specify the statute, local law,
  ordinance, order, rule or regulation or part thereof to be suspended and
  the terms and conditions of the suspension;
    d. the order may provide for such  suspension  only  under  particular
  circumstances, and may provide for the alteration or modification of the
  requirements  of  such  statute,  local  law,  ordinance, order, rule or
  regulation suspended, and may include other terms and conditions;
    e. any such suspension order shall provide for the  minimum  deviation
  from  the requirements of the statute, local law, ordinance, order, rule
  or regulation suspended  consistent  with  the  disaster  action  deemed
  necessary; and
    f.  when practicable, specialists shall be assigned to assist with the
  related emergency actions to avoid needless  adverse  effects  resulting
  from such suspension.
    3. Such suspensions shall be effective from the time and in the manner
  prescribed  in such orders and shall be published as soon as practicable
  in the state bulletin.
    4. The legislature may terminate by  concurrent  resolution  executive
  orders issued under this section at any time.

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