2010 New York Code
EXC - Executive
Article 6 - (90 - 144) DEPARTMENT OF STATE
101-B - Application by municipal corporations for the suspension of certain rules.

§ 101-b. Application  by  municipal corporations for the suspension of
  certain rules.
    1. Definitions. As used in this section,
    a. "Agency" means any state  board,  bureau,  commission,  department,
  division or officer authorized by law to adopt rules.
    b.  "Rule" means the whole or part of each agency statement of general
  applicability or regulation or code  that  implements  or  applies  law,
  including the amendment, suspension or repeal thereof.
    c.  "Municipal  corporation"  means  a  county outside the city of New
  York, a city, a town, a village or a school district.
    d. "Governing body" means:
    (1) In a county, a board of supervisors, county legislature  or  other
  body  vested  by  its  charter,  other law or other valid enactment with
  jurisdiction to enact local laws;
    (2) In a city, the board of aldermen, a common council, commission  or
  other body vested by its charter or other law with jurisdiction to enact
  ordinances or local laws;
    (3) In a town, the town board;
    (4) In a village, the board of trustees; and
    (5) In a school district, the board of education, board of trustees or
  sole trustee.
    2. A municipal corporation may, by resolution adopted by its governing
  body,  apply  to  the  agency which has adopted a rule for the mandatory
  suspension of such rule for the balance of the  municipal  corporation's
  current  fiscal  year,  provided the rule was filed in the office of the
  secretary of state after the commencement of the municipal corporation's
  current fiscal year.
    3. Upon the receipt of such an application, the agency  which  adopted
  the  rule  shall  forthwith  by  order  suspend its applicability to the
  petitioning municipal corporation for the balance of such  corporation's
  current  fiscal  year,  unless  the  agency  determines by order, within
  thirty  days  of  receipt  of  such  application,  that  the   immediate
  implementation  of  the  rule  is necessary for public health, safety or
  welfare, or that its postponement would be contrary to express provision
  of law. A copy of any order issued pursuant to  this  section  shall  be
  sent  to  the  temporary  president  of  the  senate, the speaker of the
  assembly and the administrative regulations review commission.
    4. This  section  shall  not  relieve  a  municipal  corporation  from
  complying  with a rule until such time that the agency which has adopted
  the rule shall issue an order pursuant to this  section  suspending  its
  applicability to such corporation.