Bill Text: NY A08120 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to the merger of the courts of the town and the village of Ossining; provides for the abolition of the village court upon a resolution by the board of trustees of the village and for the transfer of non-judicial employees; provides for an additional justice in the town.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-17 - substituted by s5532a [A08120 Detail]

Download: New_York-2011-A08120-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8120--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 2, 2011
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Local Governments -- committee discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the town law, in relation to the merger of the Ossining
         town and village courts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The board of trustees of the village of Ossining, at least
    2  sixty days prior to the regular election to be held  in  November  2011,
    3  may  by  resolution  abolish the village court and the office of village
    4  justice of such village, effective January 1, 2012;  provided,  however,
    5  such  village  court  may  not be abolished unless the town board of the
    6  town of Ossining shall have adopted a resolution agreeing to such aboli-
    7  tion.
    8    S 2. Subdivision 1 of section 20 of the town law is amended by  adding
    9  a new paragraph (o) to read as follows:
   10    (O)  IN THE EVENT THE VILLAGE COURT OF THE VILLAGE OF OSSINING, COUNTY
   11  OF WESTCHESTER, IS  ABOLISHED  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND
   12  TWELVE,  THE  TOWN COURT OF THE TOWN OF OSSINING, COUNTY OF WESTCHESTER,
   13  SHALL THEREUPON HAVE THREE TOWN JUSTICES. THE THIRD TOWN JUSTICE  ESTAB-
   14  LISHED  BY THIS PARAGRAPH SHALL FIRST BE FILLED BY ELECTION AT THE REGU-
   15  LAR ELECTION HELD IMMEDIATELY PRIOR TO THE  DATE  OF  ABOLITION  OF  THE
   16  VILLAGE COURT OF THE VILLAGE OF OSSINING AS PROVIDED BY THE ELECTION LAW
   17  AND THE PUBLIC OFFICERS LAW.
   18    S  3.  Unless  otherwise  provided by joint resolution of the board of
   19  trustees of the village of Ossining and the town board of  the  town  of
   20  Ossining,  county  of  Westchester,  all  nonjudicial  employees  of the
   21  village court of the village of Ossining  upon  the  abolition  of  such
   22  court  pursuant to this act shall thereupon become nonjudicial employees
   23  of the town court of the town of Ossining at the same salary and senior-
   24  ity with comparable benefits.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11635-07-1
       A. 8120--A                          2
    1    S 4. Upon the abolition of the village court of the village of  Ossin-
    2  ing  in accordance with this act, all actions and proceedings pending in
    3  such court shall be transferred to the town court of the town of  Ossin-
    4  ing.
    5    S 5. If the resolutions adopted pursuant to section one of this act so
    6  provides,  all  fines  imposed for the violation of a village local law,
    7  ordinance or regulation, unless otherwise provided by law, shall be  the
    8  property of such village.
    9    S  6. The village of Ossining shall have the right to re-establish the
   10  village court and the office of village justice in accordance  with  the
   11  provisions of section 3-301 of the village law. The town of Ossining may
   12  abolish  the third town justice as added by paragraph (o) of subdivision
   13  1 of section 20 of the town law at the end of a four year  term  in  the
   14  event  that the village of Ossining re-establishes the office of village
   15  justice; provided, however, that all nonjudicial employees of  the  town
   16  court  that  were  formerly  nonjudicial  employees of the village court
   17  shall have the option to be transferred to  the  village  court  of  the
   18  village  of  Ossining  at  the same salary and seniority with comparable
   19  benefits as when they were nonjudicial employees of the  town  court  of
   20  the town of Ossining.
   21    S  7. This act shall take effect July 8, 2011; provided, however, that
   22  if this act shall have become a law after such date it shall take effect
   23  immediately and shall be deemed to have been in full force and effect on
   24  and after July 8, 2011.