N.Y. Comp. Codes R. & Regs. tit. 9 § 5.76

Current through Register Vol. 46, No. 50, December 11, 2024
Section 5.76 - Executive Order No. 76: Further Extending the Period for Paying Real Property Taxes Without Interest in Franklin County due to a Disaster Emergency. [*]

WHEREAS, beginning on January 7, 1998, a severe storm system with a combination of rain, freezing rain, and ice caused widespread power outages and disrupted vital transportation and public safety systems in the counties and the contiguous areas of Clinton, Essex, Franklin, Jefferson, St. Lawrence and Lewis;

WHEREAS, this event resulted in personal hardship and damage to residential and commercial property, and it continues to pose a threat to the public health and safety;

WHEREAS, by Executive Order Number 60.1 I declared a State Disaster Emergency in the affected counties, and directed State agencies to respond as necessary to assist those affected counties in restoring vital public transportation systems and to provide such other assistance as necessary to protect the public health and safety;

WHEREAS, real property taxes for the 1998 fiscal year are currently due in the affected counties;

WHEREAS, by virtue of section 924 of the Real Property Tax Law, the date by which such taxes would have been payable without interest was January 31, 1998;

WHEREAS, January 31, 1998 being a Saturday, by virtue of section 925-a(1) of the Real Property Tax Law, the period for paying such taxes without interest was automatically extended until the next business day, February 2, 1998;

WHEREAS, such taxes would normally be subject to interest if paid after that date;

WHEREAS, section 925-a(2) of the Real Property Tax Law, as added by Chapter 389 of the Laws of 1997, authorizes the Governor to issue an Executive Order during a State Disaster Emergency, extending the period for paying real property taxes without interest by up to seven days in a county, city, town, village or school district in the affected area, if the Chief Executive Officer of the county, city, town, village or school district requests such an extension;

WHEREAS, Franklin County requested such an extension;

WHEREAS, given the hardships facing the people of Franklin County as a result of the ice storm, such an extension was warranted;

WHEREAS, pursuant to section 925-a(2) of the Real Property Tax Law, by Executive Order Number 64 I extended by seven days the period for paying without interest the real property taxes that are currently due in Franklin County, so that such taxes could be paid without interest through February 9, 1998;

WHEREAS, Franklin County requested a further extension pursuant to section 925-a(2) of the Real Property Tax Law;

WHEREAS, the residents of Franklin County continued to face personal hardship as a result of the storm;

WHEREAS, pursuant to section 925-a(2) of the Real Property Tax Law, by Executive Order Number 70 I extended by seven days the period for paying without interest the real property taxes that are currently due in Franklin County, so that such taxes could be payable without interest through February 16, 1998;

WHEREAS, February 16, 1998 being a public holiday, by virtue of section 925-a(1) of the Real Property Tax Law, the period for paying such taxes without interest was automatically extended until the next business day, which was February 17, 1998;

WHEREAS, Chapter 15 of the Laws of 1998 authorizes the Governor to issue an Executive Order during a State Disaster Emergency, extending the deadlines for the payment of real property taxes, and the filing of applications, reports or other documents, forms or other papers necessary for the processing of an application or other process to fulfill requirements to qualify for, or meet a condition of a government assistance program for persons, businesses or corporations, higher education loans, grants or financial assistance, licenses, registrations or other programs administered by a municipal or district corporation in the affected area, if the Chief Executive Officer of the municipality or district corporation requests such an extension;

WHEREAS, pursuant to Chapter 15 of the Laws of 1998, Franklin County has requested that I further extend the deadline for payment of real property taxes in such county; and

WHEREAS, the residents of Franklin County continue to face personal hardship as a result of the storm;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, pursuant to Chapter 15 of the Laws of 1998, do hereby extend the deadline for payment without interest of real property taxes that are currently due to Franklin County and all municipal or district corporations located therein, throughout the period that the State Disaster Emergency declared by Executive Order No. 60.1 is in effect, and such extension shall be deemed to have been in effect since February 17, 1998.

Signed: George E. Pataki

Dated: February 19, 1998

Footnotes

* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.76