New York General City Law 2013

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Amendments are developed and adopted through a formal rulemaking process that includes a public review period. Interested parties can provide written comments on the amendments prior to promulgating the changes. State legislation restricts the amendments to those that meet a year discounted payback to the building owner. Local governments may adopt their own energy conservation requirements after notifying the state, but these requirements must be no less restrictive than the current NYSECCC.

Currently no municipalities have adopted alternative requirements. Enforcement of the state energy requirements is the responsibility of the governmental entity responsible for administering and enforcing the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. For areas without local municipal enforcement, the NYS Department of State must ensure that the minimum requirements of the code are met.

The local code official is responsible for reviewing all plans and specifications. Compliance is determined through the normal building permit process that includes plan review and inspection by the government entity responsible for the administration and enforcement of the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. The New York state energy code became effective on January 1, The state energy code was amended for residential buildings in and substantially rewritten in March On July 6, , Governor David A.

Paterson announced that the U. Various implementation and support services will be available to the entire building community, including local jurisdictions charged with implementation of the state energy code, architects, engineers, and homebuilders, to work aggressively to achieve at least 90 percent compliance in the commercial and residential sectors. Exemptions to compliance apply as allowed under Section New version of COMcheck 3.

The newly adopted energy code will become formally effective on October 3, Building Energy Codes Search. Home Events About. New York. Current News:. NY Amendments to Commercial Provisions. Effective Date: Oct. Adoption Date: Mar. Code Enforcement: Mandatory. Courts interpreting the statute have held that the Attorney General does not need proof of an intent to deceive or defraud to begin an investigation or, for that matter, even to initiate an enforcement action.

Investigations and enforcement actions under the Martin Act extend beyond transactions involving securities as they are commonly understood. Howey Co. However, while the definition of a security may be broad it is not all-encompassing. In Lehman Bros. Commercial Corp. Non-Ferrous Metals Trading Co. Bank of New York Mellon Corp. He has reportedly issued investigative subpoenas to a number of brokers involved in foreign exchange trading.

Additional Martin Act actions brought under New York Attorneys General Spitzer, Cuomo and Schneiderman include the investigation of banks concerning the promotion of internet stocks, the investigation of the compensation packages of certain executives, and the suit Attorney General Schneiderman brought against Bank of New York Mellon over foreign exchange fees. More recently, Attorney General Schneiderman issued a subpoena to an international energy company, purportedly seeking documents concerning what the company knew about climate change risks and whether this information was shared with investors and the public.

The injunction Schneiderman sought was granted, which would have required both websites to cease operations within the state. The ruling was quickly challenged, however, and both companies are continuing operations under an interim stay granted by the New York Appellate Division pending a hearing on the injunction. The Attorney General has also previously used his enforcement power under Section 63 12 in a number of actions brought against companies accused of repeated antitrust violations, such as bid-rigging and monopolization.

The Attorney General also has the power to seek more expansive remedies for violations of GBL Sections and than a private plaintiff could obtain. Consumer protection actions the New York Attorney General has pursued under GBL Sections and have included the investigation of, and actions against, the recorded music industry regarding certain practices in promoting new music to radio stations resulting in settlements with a number of industry participants , and the investigation of several of the largest nationwide health insurers regarding puported rate manipulation, allegedly resulting in overcharging patients.

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An investigative subpoena served by the New York Attorney General warrants the same care, and practical steps, that a subpoena in the more usual context—a civil lawsuit—requires. Thus, as with any subpoena, counsel should first ensure that the client properly implements a sufficient hold on potentially responsive electronic and hardcopy documents. Counsel should also seek as necessary to clarify ambiguous requests, narrow requests that suffer from over-breadth, and seek an appropriate extension of any deadline in the subpoena for production of responsive documents.

If efforts to appropriately narrow or clarify an investigative subpoena, or extend a subpoena deadline, are unsuccessful, the recipient of the subpoena is not without recourse. Such objections might include procedural objections to requests that are vague or overbroad, or substantive objections to the extent the subpoena requests implicate legal privileges—such as the attorney-client, work product or common interest privileges—or privacy or constitutional protections, whether procedural or substantive.

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Even if there is a colorable factual basis for a New York Attorney General subpoena that gets past this first substantive hurdle, that does not open the gates to an unlimited inquiry. The recipient may, in appropriate circumstances, challenge the scope of the subpoena if it is too broad. The Martin Act, Executive Law Section 63 12 , and New York GBL Sections and , along with certain additional New York statutory provisions, combine to grant the New York Attorney General broad authority to investigate and pursue civil and criminal enforcement actions related to allegedly fraudulent or deceptive and misleading practices involving securities, commodities and other financial and consumer transactions.

Such a response may include a motion to quash a subpoena in which procedural or substantive constitutional claims, along with other appropriate claims and objections, could be raised.

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The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

Rachmani Corp. World Interactive Gaming Corp. Thain , N. Attorney General , 76 Misc. All Seasons Resorts, Inc. Abrams , 68 N. First Meridian Planning Corp. Schneiderman v. Hasslinger , N.

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First American Corp. Princess Prestige , 42 N. DraftKings Inc. FanDuel Inc. S ee, e.