2013 New York Consolidated Laws
EXC - Executive
Article 2-B - (20 - 29-J) 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,  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.