N.Y. Comp. Codes R. & Regs. tit. 9 § 5.113

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5.113 - Executive Order No. 113: Declaring a Disaster Emergency in the State of New York. [*]

WHEREAS, unspeakable atrocities have occurred today in New York City, our nations's capital and Pennsylvania that have taken the lives and injured unknown numbers of innocent people and have caused calamitous and pervasive damage to property; and

WHEREAS, these events appear to be deliberate and coordinated acts of terrorism committed by despicable and cowardly persons or groups unknown;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, do hereby find that a disaster has occurred for which the affected local governments are unable to respond adequately. Therefore, pursuant to the authority vested in me by the Constitution and the Laws of the State of New York, including Section 28 of Article 2-B of the Executive Law, I hereby declare a State Disaster Emergency effective September 11, 2001 within the territorial boundaries of the State of New York;

FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the State Disaster Preparedness Plan and authorize, effective September 11, 2001 and continuing, the State Emergency Management Office, the Department of Transportation, the New York State Thruway Authority, the State Police, the Division of Military and Naval Affairs, the Department of Environmental Conservation, the Department of Health, the Office of Mental Health, the State Department of Correctional Services, the Public Service Commission, the Office of Fire Prevention and Control, the Department of Labor, the Office of Parks, Recreation and Historic Preservation and all other State agencies and authorities over which I exercise Executive authority to take all appropriate actions to assist in every way all persons killed or injured and their families, and protect state property and to assist those affected local governments and individuals in responding to and recovering from this disaster, and to provide such other assistance as necessary to protect the public health and safety; and

FURTHER, I have designated Edward F. Jacoby, Jr., Director of the State Emergency Management Office (SEMO) as the State Coordinating Officer for this disaster.

Signed: George E. Pataki

Dated: September 11, 2001

Executive Order No. 113.1^*

Temporary Suspension of Election Law Provisions as the Result of a State Disaster Emergency.

WHEREAS, I have today issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order No. 113, dated September 11, 2001, except that such Executive Order is amended to read as follows:

Section 8-100 of the Election Law, so far as it relates to the date and hours of voting for primary elections throughout the State of New York;

In addition, I hereby temporarily suspend, for the period from the date of this Executive order until further notice, any other statute, local law, ordinance, orders, rules or regulations, or parts thereof, relating to primary elections that otherwise would be conducted today if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster.

Such declaration of disaster emergency shall remain in effect from the date hereof until further notice.

Signed: George E. Pataki

Dated: September 11, 2001

Executive Order No. 113.2

Directing that the Adjutant General Order into Active Service the Organized Militia to Assist Civil Agencies and Authorities in the State of New York in Disaster Recovery Efforts.

WHEREAS, I have today issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the Constitution of the State, as restated in Section 3 of the Military Law, and pursuant to the provisions of Section 6 of the Military Law, and the authority of the Governor as Commander-in-Chief of the Militia has the power to order into the active service of the State in case of disaster or imminent danger thereof, such units of the organized militia which may be necessary to assist civil authority in disaster recovery efforts; it is

FURTHER ordered that the Adjutant General order into the active service of the State, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia to assist civil agencies and authorities in recovery efforts necessitated by this disaster and:

A. Major General Thomas P. Maguire, the Adjutant General, or, in his absence, his designee, is hereby appointed commander of all personnel ordered into the active service of the State.

B. Units and members of the organized militia who shall perform State active duty by order of the Adjutant General will immediately assemble at their local armories when so ordered, and will remain assembled pending further orders as to their disposition by the Adjutant General or his designee.

C. All enlistments, re-enlistments or voluntary extensions of enlistments which expire after September 11, 2001, or during the period for which the members are currently ordered into the active service of State are hereby extended for the duration of such duty in the active service of the State.

Signed: George E. Pataki

Dated: September 11, 2001

Executive Order No. 113.3

Finding of Emergency and Determination That Banking Organizations May, at their Discretion, Close any or all of their Places of Business Affected by the Emergency.

WHEREAS, I have today issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby continue Executive Order No. 113, dated September 11, 2001, except that such Executive Order is amended to read as follows:

FURTHER, I do hereby encourage all bank offices or principal offices to continue to serve the public by conducting and performing operations and perform banking transactions for the convenience of their customers or relating to transactions between such banks and other banks or persons which have remained opened for business.

Signed: George E. Pataki

Dated: September 11, 2001

Executive Order No. 113.4

Temporary Suspension and Modification of Statutory Provisions Relating to the Geographical Area of Employment for Police Officers and Peace Officers as the Result of a State Disaster Emergency.

WHEREAS, I have today issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Paragraph (b) of Subdivision 34-a of Section 1.20 of the Criminal Procedure Law, so far as it relates to geographical area of employment limitations for police officers who do not have their geographical area of employment as the City of New York so that they may perform police officer duties within the City of New York during the disaster emergency;

Paragraph (b) of Subdivision 5 of Section 140.25 of the Criminal Procedure Law, so far as it relates to the geographical area of employment limitations for peace officers who do not have their geographical area of employment as the City of New York so that they may perform peace officer duties within the City of New York during the disaster emergency;

In addition, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, any other statute, local law, ordinance, orders, rules or regulations, or parts thereof, relating to the geographical area of employment limitations for police officers or peace officers who do not have their geographical area of employment as the City of New York so that they may perform police officer or peace officer duties, as the case may be, within the City of New York during the disaster emergency.

Such declaration of disaster emergency shall remain in effect from the date hereof until further notice.

Signed: George E. Pataki

Dated: September 11, 2001

Executive Order No. 113.5

Temporary Suspension of Provisions Relating to Payment of Crime Victims Awards as the Result of a State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Section 630 of the Executive Law, so far as it limits the amount of each such emergency award to $500 and the total amount of such emergency awards to $1,500;

Section 631, subdivision 2 of the Executive Law, so far as it limits the amount of an award for burial expenses to $6,000;

Any provision in Article 22 of the Executive Law, so far as it limits the ability of the Crime Victims Board to pay cost of counseling, including any restriction on the Board's ability to pay such cost to persons other than those set forth in Section 626 of the Executive Law;

Any other provision in Article 22 of the Executive Law, so far as it would prevent, hinder or delay action necessary by the Crime Victims Board in reviewing, investigating, determining or paying a claim in a reasonably expeditious manner, including but not limited to Section 631, subdivision 6 of the Executive Law so far as it requires a finding of financial difficulty before awards over $5,000 can be made.

Signed: George E. Pataki

Dated: September 12, 2001

Executive Order No. 113.6^*

Temporary Suspension of Provisions Relating to the Waiting Period for Unemployment Insurance Claimants Whose Claim for Unemployment Arises Directly out of the Terrorist Attack on the World Trade Center.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, 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, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following law: Subdivision 7 of Section 590 of the Labor Law, so far as it relates to the waiting period for unemployment insurance claimants whose claims for unemployment insurance arise directly out of the September 11, 2001 terrorist attack on the World Trade Center. In addition, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, any other statute, local law, ordinance, orders, rules or regulations, or parts thereof, relative to the waiting period for unemployment insurance claimants whose claims for unemployment insurance arises directly out of the September 11, 2001 terrorist attack on the World Trade Center.

Signed: George E. Pataki

Dated: September 12, 2001

Executive Order No. 113.7

Temporary Suspension and Modification of Statutory Provisions Establishing Time Limitations on Actions and Time in which to Take an Appeal.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Section 201 of the Civil Practice Law and Rules, so far as it bars actions whose limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice, and so far as it limits a courts authority to extend such time, whether or not the time to commence such an action is specified in Article 2 of the Civil Practice Law and Rules;

Section 5513 of the Civil Practice Law and Rules, so far as it relates to a limitation period that concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001;

Sections 30.10 and 30.30 of the Criminal Procedure Law, so far as it bars criminal prosecutions whose limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice;

Sections 460.10, 460.30, 460.50 and Article 460 of the Criminal Procedure Law, so far as it relates to a limitation of time to appeal in which a limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice;

In addition, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, any other statute, local law, ordinance, order, rule or regulation or part thereof, establishing limitations of time for the filing or service of any legal action, notice or other process or proceeding that the courts lack authority to extend through the exercise of discretion, where any limitation of time concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice.

Signed: George E. Pataki

Dated: September 12, 2001

Executive Order No. 113.8

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the provisions of Section 24-a of the General Construction Law, and by virtue of the authority vested in me by the Constitution and Laws of the State of New York, I find that an emergency exists and determine that banking organizations may, at their discretion, close any or all of their places of business affected by the emergency on Wednesday, September 12, 2001; Further, I do hereby encourage all bank offices or principal offices to continue to serve the public by conducting and performing operations and perform banking transactions for the convenience of their customers or relating to transactions between such banks and other banks or persons which have remained opened for business.

Signed: George E. Pataki

Dated: September 12, 2001

Executive Order No. 113.9*

Temporary Suspension of Provisions Relating to Transportation for the State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Highway Law § 38(1), (2) and (3) and Article 4-C of the Economic Development Law to the extent that the Commissioner of Transportation determines it necessary to authorize the award of emergency contracts, to combine design and construction services in contracts, and to use such services where needed;

State Finance Law § 112, to the extent consistent with Article V, Section 1 of the State Constitution, that the Commissioner of Transportation determines it necessary to add additional work and sites to state contracts;

State Finance Law § 136-a to the extent that the Commissioner of Transportation determines it necessary to combine design and construction services in one contract, and/or to obtain design or construction inspection services;

Vehicle & Traffic Law §§ 375, 385 and 401 and Vehicle and Traffic Law Articles 19 and 19-B to the extent that the Commissioner of Transportation determines it necessary to authorize the movement of oversize and/or overweight vehicles to carry divisible and non-divisible loads exceeding the dimensions and weights prescribed by Vehicle and Traffic Law § 385 on any publicly maintained highway;

Transportation Law § 14-f and Part 507 of Title 17 of the New York Code of Rules and Regulations to the extent that the Commissioner of Transportation determines it necessary to accomplish the safe transportation of hazardous materials for emergency purposes;

Transportation Law §§ 221 and 212 and Parts 723 and 824 of the New York Code of Rules and Regulations that pertain to hours of labor of truck and bus operations to the extent that the Commissioner of Transportation determines it necessary to transport property and passengers in a reasonably safe manner to accomplish emergency services; and

Highway Law § 349-c and Part 415 of Title 9 and Parts 182, 185 and 190 of Title 17 of the New York Code of Rules and Regulations to the extent the Commissioner of Transportation or the Commissioner of Parks, Recreation and Historic Preservation determines it necessary to accomplish the safe transportation of property and passengers for emergency services or towers without contracts.

Signed: George E. Pataki

Dated: September 13, 2001

Executive Order No. 113.10

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 13, 2001

Executive Order No. 113.11*

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, On September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 14, 2001

Executive Order No. 113.12

Temporary Suspension and Modification of Statutory Provisions Establishing Time in Which to Take an Appeal in Family Court and Court of Claims Actions.

WHEREAS, On September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Section 1113 of the Family Court Act, so far as it relates to a limitation of time to appeal in which a limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice;

Section 25 of the Court of Claims Act, so far as it relates to a limitation of time to appeal in which a limitation period concludes during the period commencing from the date that the disaster emergency was declared pursuant to Executive Order Number 113, issued on September 11, 2001, until further notice.

Signed: George E. Pataki

Dated: September 15, 2001

Executive Order No. 113.13*

Temporary Suspension of Provisions Relating to Highway Construction Contracts for the State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Highway Law §§ 10, 38, 40 and 349-c and Transportation Law § 14 to the extent necessary for the Commissioner of Transportation to stop work on all highway construction contracts with the State Department of Transportation in the City of New York; provided, however, that such contracts shall not be deemed terminated by virtue of any stop work order issued by the Commissioner pursuant to this Executive Order; and provided further that the Commissioner of Transportation is authorized to have contractors undertake such work pursuant to any such construction contracts as may be necessary to maintain the safe movement of traffic or otherwise protect the safety of the public and to assist in any emergency work; and provided further that this provision shall not affect the authority of the Commissioner to order the continuation of any emergency work as may be necessary to address emergency conditions in the disaster area.

Signed: George E. Pataki

Dated: September 16, 2001

Executive Order No. 113.14

Temporary Suspension of Provisions Regarding Threshold for Review of State Contracts.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

State Finance Law § 112(2)(a) insofar as this subsection provides for Comptroller review of any contract in an amount exceeding $15,000 made for or by any State agency, department, board, officer, commission, or institution before any such contract shall be executed or become effective; provided, however, that Comptroller review of any such State contract shall be required if such contract is in an amount exceeding $50,000;

State Finance Law § 112(3) insofar as this subsection provides for Comptroller review of any contract or other instrument wherein the State or any of its officers, agencies, boards or commissions agrees to give a consideration other than the payment of money, when the value or reasonably estimated value of such consideration exceeds $10,000; provided, however, that Comptroller review of any such State contract or other instrument shall be required if the consideration supporting such contract or instrument has a value or reasonably estimated value exceeding $50,000; and

State Finance Law § 163(6-a) insofar as this subsection authorizes the Commissioner of General Services to make purchases or enter into contracts for the acquisition of commodities and services having a value not exceeding $30,000 without prior approval by any other State officer or agency; provided, however, that the Commissioner of General Services shall have the authority to make purchases or enter into contracts for the acquisition of commodities and services having a value not exceeding $50,000 without prior approval by any other State officer or agency.

Signed: George E. Pataki

Dated: September 17, 2001

Executive Order No. 113.15

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 17, 2001

Executive Order No. 113.16

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 18, 2001

Executive Order No. 113.17*

Finding of Emergency and Determination That Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 19, 2001

Executive Order No. 113.18

Temporary Suspension of Provisions Relating to Design and Construction and Procurement of Commodities, Technology and Services for the State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Subdivision 2 of Section 9 of the Public Buildings Law, to the extent of the two hundred thousand dollar ($200,000) limitation on the value of a construction emergency contract to remedy or ameliorate construction emergencies, for emergency contracts necessitated by the State Disaster Emergency declared by the Governor on September 11, 2001, pursuant to Executive Order Number 113; and

Paragraph (a) of Subdivision 2 of Section 112 of the State Finance Law, to the extent consistent with Article V, Section 1 of the State Constitution, where the Commissioner of General Services determines it necessary to remedy or ameliorate emergency requirements for commodities, services or technology and that the need for such commodities, services or technology is of such a serious and urgent nature as to require an immediate and unconditional contractual commitment for contracts necessitated by the State Disaster Emergency declared by the Governor on September 11, 2001, pursuant to Executive Order Number 113; provided, however, that any such contract so entered into shall be filed in the Office of the State Comptroller no later than the close of the next business day following its execution.

Signed: George E. Pataki

Dated: September 20, 2001

Executive Order No. 113.19*

Temporary Suspension and Modification of Statutory and Regulatory Provisions Relating to Forensic Identification Testing.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, Sections 574, 575 and 576 of the Public Health Law and Part 19 and Subparts 58-1 and 58-3 of Title 10 of the New York Code of Rules and Regulations, so far as the Commissioner of Health, in consultation with the Commissioner of the Division of Criminal Justice Services, determines that such suspension is necessary to authorize specific laboratories to perform forensic identity testing as expeditiously and accurately as possible to assist in the identification of the remains of decedents found at or near the site of the World Trade Center on or after September 11, 2001; and

FURTHER, Subdivisions (2) and (3) of § 79-1 of the Civil Rights Law and § 995-d of the Executive Law to the extent necessary to permit forensic identity testing and disclosure of test results without the prior written consent of the subject or other person authorized to consent for the subject; provided, however, that any information obtained from such testing shall be used solely for the purposes of:

(a) assisting in the identification of the remains of decedents found at or near the site of the World Trade Center on or after September 11, 2001, including - without limitation - identification for the purpose of civil or criminal actions or proceedings, and

(b) expediting the notification process to assist the families of the victims of the World Trade Center attacks.

Signed: George E. Pataki

Dated: September 20, 2001

Executive Order No. 113.19-A

Amending Executive Order 113.19, Authorizing Forensic Identification Testing.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Sections 574, 575 and 576 of the Public Health Law and Part 19 and Subparts 58-1 and 58-3 of Title 10 of the New York Code of Rules and Regulations, so far as the Commissioner of Health, in consultation with the Commissioner of the Division of Criminal Justice Services, determines that such suspension is necessary to authorize specific laboratories to perform forensic identity testing as expeditiously and accurately as possible to assist in the identification of the remains of decedents found at or near the site of the World Trade Center on or after September 11, 2001; and

Subdivisions (2) and (3) of § 79-l of the Civil Rights Law and § 995-d of the Executive Law to the extent necessary to permit forensic identity testing and disclosure of test results without the prior written consent of the subject or other person authorized to consent for the subject; provided, however, that any information obtained from such testing shall be used solely for the purposes of:

(b) expediting the notification process to assist the families of the victims of the World Trade Center attacks.

Signed: George E. Pataki

Dated: September 28, 2001

Executive Order No. 113.20*

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of Their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 20, 2001

Executive Order No. 113.21

Finding of an Emergency and Determination that the State University of New York and The City University of New York shall, Immediately and to the Fullest Extent Possible, Establish Scholarship Programs to Provide the Innocent Victims and the Spouses and Children of Innocent Victims Who Have Died or Have Become Severely Disabled as a Result of the September 11, 2001 Terrorist Attack on the United States of America, with Financial Support to Pay the Cost of Tuition, Room and Board, Fees, Books, Supplies and Transportation.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, I direct the Boards of Trustees of the State University of New York and the City University of New York, immediately and to the fullest extent possible, to establish scholarship programs to provide the innocent victims, and the spouses and children of the innocent victims, who have died or have become severely disabled as a result of the September 11, 2001 terrorist attack on the United States of America, with the financial support to pay for the costs of tuition, room and board, fees, books, supplies and transportation for attendance at any of the institutions of higher education under their respective jurisdictions, with appropriate provisions for the statutory and contract colleges.

Signed: George E. Pataki

Dated: September 21, 2001

Executive Order No. 113.22*

Finding of Emergency and Determination that Banking Organizations May, at Their Discretion, Close Any or All of their Places of Business Affected by the Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Signed: George E. Pataki

Dated: September 21, 2001

Executive Order No. 113.23

^[DAGGER]

Rescinding Executive Order 113.13, Which Authorized the Commissioner of Transportation to Stop Work on Certain Highway Construction Contracts in the City of New York.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, on September 16, 2001, I issued Executive Order No. 113.13, which continued Executive Order No. 113, as amended;

WHEREAS, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law, Executive Order No. 113.13 temporarily suspended, until further notice, Highway Law §§ 10, 38, 40 and 349-c and Transportation Law § 14 to the extent necessary for the Commissioner of Transportation to stop work on all highway construction contracts with the State Department of Transportation in the City of New York;

WHEREAS, continuation of Executive Order 113.13 is no longer necessary to address emergency conditions in the disaster area in Lower Manhattan;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, having consulted with the Director of State Operations, do hereby rescind Executive Order Number 113.13.

Signed: George E. Pataki

Dated: September 22, 2001

Executive Order No. 113.24*

Temporary Suspension and Modification of Provisions Relating to Access to Proceedings in Surrogate's Court and to Bank accounts and Money Market Accounts by Certain Individuals as the Result of Terrorist Acts of September 11, 2001.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend, alter or modify specific provisions of any statute, local law, ordinance, 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, I hereby temporarily suspend, alter and modify for the period from the date of this Executive Order until further notice, the following laws:

Sections 2401 and 2402 of the Surrogate's Court Procedure Act, so far as those sections require the payment of filing fees in any matter relating to the estates or affairs of persons missing or deceased as a result of the terrorist attacks on September 11, 2001;

Section 205 of the Surrogate's Court Procedure Act, so far as it provides that the next of kin of persons missing or deceased as a result of the terrorist attacks on September 11, 2001 are required to file Surrogate's Court proceedings in the county of the decedent's domicile at the time of death; and section 205 is modified and altered to allow the next of kin to file in any county of their own choosing;

Section 902 of the Surrogate's Court Procedure Act, so far as it requires service of process to persons missing or deceased as a result of the terrorist attacks on September 11, 2001;

Paragraph (e) of subdivision (1) of Section 4-104 of the New York Uniform Commercial Code, so far as it relates to a customer that was either employed in the World Trade Center or the Pentagon, or was in such buildings, or in the immediate vicinity, when the terrorist attacks of September 11, 2001 occurred, or was a crew member or passenger on any of the airline flights involved in the disasters on that date, or was a police officer, fire fighter, emergency medical service provider, or rescue volunteer at one of those building sites on that date who is missing or deceased; and for such a customer, the definition of "customer" in paragraph (e) of subdivision (1) of Section 4-104 of the New York Uniform Commercial Code is modified and altered to include within such definition any person who has presented an affidavit (in a form to be determined by the Superintendent of Banks) by which such person states:

(i) that he or she is the spouse of such a customer, or if there shall be no spouse, the legal guardian of such customer's minor children, or if there shall be no spouse and no legal guardian shall have been appointed, the person with whom such customer's minor children shall reside; and

(ii) that he or she has not sought payment of an item or items, together with any redemptions of money market mutual fund shares, with respect to accounts held solely in the name of such customer, in excess of $15,000 in the aggregate;

Section 4-405 of the New York Uniform Commercial Code, to the extent that the death of a customer would revoke the authority of a bank to pay the item or items on the order of the person who presents an affidavit by which such person states that he or she is the spouse of a customer, the legal guardian of such customer's minor children, or the person with whom such customer's minor children shall reside, as provided for in the suspension and modification of paragraph (e) of subdivision (1) of Section 4-104 of the New York Uniform Commercial Code by this Order above;

Subdivision (a) of Section 8-107 of the New York Uniform Commercial Code in order to alter and modify the definition of "appropriate person" for the purpose of redemption of money market mutual fund shares of a person that was either employed in the World Trade Center or the Pentagon, or was in such buildings, or in the immediate vicinity, when the events of September 11, 2001 occurred, or was a crew member or passenger on any of the airline flights involved in the disasters on that date, or was a police officer, fire fighter, emergency medical service provider, or rescue volunteer at one of those building sites on that date who is missing or deceased, to the extent New York Law applies, in order to include, with respect to an indorsement, instruction or entitlement order, any person who has presented an affidavit (in a form to be determined by the Superintendent of Banks) by which such person states:

(i) that he or she is the spouse of the person specified by a security certificate, the registered owner of an uncertificated security, or the entitlement holder, as applicable, or if there shall be no spouse of such person, the legal guardian of such person's minor children, or if there shall be no spouse and no legal guardian shall have been appointed, the person with whom such person's minor children shall reside; and

(ii) that such indorsement, instruction or entitlement order, as applicable, and all such indorsements, instructions and entitlement orders, together with any items paid as provided for in the suspension and modification of paragraph (e) of subdivision (1) of Section 4-104 of the New York Uniform Commercial Code by this Order above, with respect to accounts held solely in the name of such person, shall be for a sum or sums not in excess of $15,000 in the aggregate.

Signed: George E. Pataki

Dated: September 24, 2001

Executive Order No. 113.25

Extension of Real Property Tax Deadlines Until October 15, 2001 as the Result of a State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York; and

WHEREAS, the State disaster emergency so declared encompasses the territorial boundaries of the State of New York; and

WHEREAS, in most school districts in the State, the period for paying taxes, or the first installment of taxes, for the 2001-2002 school year without interest ends on or about October 1, 2001, and similar deadlines apply elsewhere in the State; and

WHEREAS, persons and business organizations that will have difficulty meeting impending tax payment deadlines as a direct result of the September 11, 2001 terrorist attack should be granted relief from such deadlines, and compliance with such deadlines would prevent, hinder and delay action necessary to cope with the disaster;

FURTHER, pursuant to the authority vested in me by Section 29-a of article 2-B to temporarily suspend specific provisions of any statute, local law, ordinance, 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, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:

Section 1328 of the Real Property Tax Law, section 283.221 of the Westchester County Tax Law, and section 6-111 of the Code of the City of Rochester, so far as such laws impose interest or penalties upon unpaid real property taxes or unpaid installments of real property taxes that were payable without interest or penalty until a date occurring on or after September 11, 2001 and before October 15, 2001, so that such taxes or installments may be paid without interest until October 15, 2001; provided, that (1) this extension shall apply only to the eligible persons and business organizations described in the following paragraph of this Order, and (2) this extension shall apply only where the tax collecting officer has been furnished with a written statement setting forth the specific facts which render such person or business organization eligible for such extension pursuant to the following paragraph of this Order.

FURTHER, the persons and business organizations that are eligible for this extension are as follows:

(a) victims of the terrorist attack of September 11, 2001;

(b) spouses and children of victims of the terrorist attack of September 11, 2001;

(c) persons directly involved in recovery, rescue, debris removal or repair relating to the efforts of federal, state and local authorities to respond to the terrorists attack of September 11, 2001, including police, fire, emergency medical services, military personnel, clerical, health, telecommunication and utility personnel;

(d) persons who are eligible to file a claim for unemployment insurance on an expedited basis pursuant to Executive Order Number 113.6;

(e) persons whose taxes are to be paid by or through a financial institution or a tax service organization whose operations were seriously disrupted by the terrorist attack of September 11, 2001;

(f) businesses directly involved in recovery, rescue, debris removal or repair relating to the efforts of federal, state and local authorities to respond to the terrorist attack of September 11, 2001; or

(g) any persons or business organizations demonstrating that they could not pay their taxes by the applicable deadlines because of the terrorist attack of September 11, 2001.

FURTHER, if any taxes are not paid by such date, they shall be subject to the same interest and penalties that would have applied if no extension had been granted.

FURTHER, to the extent funds are available for this purpose, the State shall provide aid to each affected municipal or district corporation, whichever is appropriate, to compensate it for the loss of interest or other investment income reasonably attributable to the extension of the period for paying taxes and installments without interest by eligible persons and business organizations pursuant to this Order.

Signed: George E. Pataki

Dated: September 26, 2001

Executive Order No. 113.25-A

Extension of Real Property Tax Deadlines Until January 2, 2002 as the Result of a State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York; and

WHEREAS, the state disaster emergency so declared encompasses the territorial boundaries of the State of New York; and

Section 1328 of the Real Property Tax Law, section 283.221 of the Westchester County Tax Law, section 5-16.0 of the Nassau County Administrative Code, section 11-224 of the New York City Administrative Code, section 6-403 of the Charter of the City of Syracuse, section 28-66 of the Charter of the City of Buffalo, Article VIII, section C18-7 of the Charter of the City of Yonkers, and section 6-111 of the Code of the City of Rochester, or any such sections of such Laws, Codes or Charters as may have been renumbered, so far as they impose interest or penalties upon unpaid real property taxes or unpaid installments of real property taxes that were payable without interest or penalty until a date occurring on or after September 11, 2001 and before January 2, 2002, so that such taxes or installments may be paid without interest until January 2, 2002; provided, that (1) this extension shall apply only to the eligible persons and business organizations described in the following paragraph of this Order, and (2) this extension shall apply only where the tax collecting officer has been furnished with a written statement setting forth the specific facts which render such person or business organization eligible for such extension pursuant to the following paragraph of this Order.

FURTHER, the persons and business organizations that are eligible for this extension are as follows:

(a) victims of the terrorist attack of September 11, 2001;

(b) spouses and children of victims of the terrorist attack of September 11, 2001;

(d) persons who are eligible to file a claim for unemployment insurance on an expedited basis pursuant to Executive Order Number 113.6;

(e) persons whose taxes are to be paid by or through a financial institution or a tax service organization whose operations were seriously disrupted by the terrorist attack of September 11, 2001;

(g) any persons or business organizations demonstrating either that they could not pay their taxes by the applicable deadlines or that their ability so to pay their taxes was severely impaired because of the terrorist attack of September 11, 2001.

FURTHER, if any taxes are not paid by such date, they shall be subject to the same interest and penalties that would have applied if no extension had been granted.

Signed: George E. Pataki

Dated: September 28, 2001

Executive Order No. 113.25-B

Continuing the Extension of Real Property Tax Deadlines Until January 2, 2002 as the Result of a State Disaster Emergency.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, Executive Law section 29-a authorizes the suspension, alteration and modification of statutes, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist state agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

WHEREAS, Executive Law section 29-a provides that no suspension shall be made for a period in excess of thirty days, provided, however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional periods not to exceed thirty days each;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and after having reconsidered all the relevant facts and circumstances, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Number 113.25-A, dated September 28, 2001, shall continue through November 25, 2001.

FURTHER, I hereby amend the seventh paragraph of such Executive Order to read as follows:

Sections 972, 1326, 1328, 1330, and 1332 of the Real Property Tax Law, section 283.221 of the Westchester County Tax Law, section 5-16.0 of the Nassau County Administrative Code, section 5-2.0 of the Erie County Tax Act, section 1520 of the New York City Charter and section 11-224 of the Administrative Code of the City of New York, section 6-403 of the Charter of the City of Syracuse, section 28-66 of the Charter of the City of Buffalo, section C18-7 of the Charter of the City of Yonkers, section 6-111 of the Code of the City of Rochester, section C94 of the Charter of the City of Amsterdam, section 54 of the Charter of the City of Elmira, section C18-8 of the Charter of the City of Hudson, section C184 of the Charter of the City of Peekskill, section 291 of the Charter of the City of Rome, section 91 of the Charter of the City of Saratoga Springs, and section C6-12 of the Charter of the City of Schenectady, so far as they impose interest or penalties upon unpaid real property taxes or unpaid installments of real property taxes that were payable without interest or penalty until a date occurring on or after September 11, 2001 and before January 2, 2002, so that such taxes or installments may be paid without interest or penalties until January 2, 2002, or, where unpaid school taxes are relevied pursuant to section 1330 of the Real Property Tax Law, until the end of the interest-free tax collection period prescribed by section 924 of the Real Property Tax Law (or in Dutchess and Rensselaer counties by sections 1504 and 1506 of the Real Property Tax Law, respectively); and section 554 of the Real Property Tax Law, so far as it requires a tax roll to be corrected pursuant to that section before the tax collecting officer may accept a tax payment without interest and penalties pursuant to this Order; provided, that (1) this extension shall apply only to the eligible persons and business organizations described in the following paragraph of this Order, and (2) this extension shall apply only where the tax collecting officer has been furnished with a written statement setting forth the specific facts which render such person or business organization eligible for such extension pursuant to the following paragraph of this Order.

Signed: George E. Pataki

Dated: October 26, 2001

Executive Order No. 113.26

Temporary Suspension of Provisions Relating to Payment of Compensation to State Employees Who Were Not Performing Services for the State as the Direct Result of the World Trade Center Attack.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York; and

WHEREAS, at this exceptionally difficult time, the families of deceased or missing state employees should not have to worry about immediate cessation of pay or termination of benefits;

Section 3.4 of Title 2 of the New York Codes, Rules and Regulations, to the extent that the requirement that payroll certifications signed by the heads of state agencies include a statement that the individuals to whom payment is to be made have actually performed the proper duties of the positions and employments indicated shall not be required for state officers or employees who have died or are missing as a direct result of the September 11, 2001 terrorist attack on the World Trade Center;

Clause (ii) of paragraph (b) of Subdivision 3 of Section 200 of the State Finance Law, insofar as it might require the State to recover, by offset or otherwise, overpayments made to state employees who were not performing services for the State because they have died or are missing as a direct result of the September 11, 2001 terrorist attack on the World Trade Center.

Signed: George E. Pataki

Dated: October 1, 2001

Executive Order No. 113.27

Directing that the Adjutant General Order into Active Service the Organized Militia to Assist Civil Agencies and Authorities in the State of New York in Airport Security Operations.

WHEREAS, I have issued Executive Order Number 113, dated September 11, 2001, declaring a disaster emergency in the State of New York; and issued Executive Order 113.2, dated September 11, 2001, continuing Executive Order Number 113 and amending it to direct that The Adjutant General order into active service the organized militia to assist civil agencies and authorities in the State of New York in disaster recovery efforts necessitated by the disaster; and

WHEREAS, on September 27, 2001, the President of the United States requested the Governors of every State, the Commonwealth of Puerto Rico, the Territory of Guam, and the United States Virgin Islands to deploy the National Guard to assist the Federal Aviation Administration in increasing airport security at 420 commercial airports across the nation, 19 of which are within the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Orders 113 and 113.2, dated September 11, 2001, except that such Executive Orders are amended by adding the following paragraph:

FURTHER ordered that the Adjutant General shall order into the active service of the State, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia to assist the Federal Aviation Administration, civil agencies and other authorities in security efforts at airports within the State of New York designated by the Federal Aviation Administration.

Signed: George E. Pataki

Dated: October 2, 2001

Executive Order No. 113.28*

Reinstatement of Statutory Provisions Establishing Time Limitations on Actions and Time in Which to Take an Appeal and Continued Limited Suspension and Modification of Such Limitations.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, on September 12, 2001, I issued Executive Order Number 113.7, continuing Executive Order Number 113 and amending it to provide for the. temporary suspension and modification of statutory provisions establishing time limitations on actions and time in which to take an appeal;

WHEREAS, on September 15, 2001, I issued Executive Order Number 113.12, continuing Executive Order Number 113 and further amending it to provide for the temporary suspension of limitations on the time in which to take an appeal in Family Court and Court of Claims proceedings;

WHEREAS, reinstatement of the statutes of limitation and appellate deadlines for those not directly affected by the disaster emergency is necessary for the continued efficient functioning of the judicial system;

WHEREAS, litigants and attorneys require reasonable notice of reinstatement of statutes of limitation and times in which to take an appeal in order to comply with reinstated deadlines;

WHEREAS, litigants and attorneys affected directly by the disaster emergency may be unable to comply with limitations periods;

WHEREAS, law enforcement officers in New York City are involved in activities relating to the disaster emergency and may be unable to participate or assist in judicial proceedings;

WHEREAS, the law enforcement officers throughout the State may be involved in activities relating to the disaster emergency and may be unable to participate or assist in judicial proceedings.

FURTHER, upon reconsideration of the relevant facts, the provisions added by Executive Order Number 113.7, dated September 12, 2001, and Executive Order Number 113.12, dated September 15, 2001, shall be extended until October 12, 2001, at 11:59 p.m. and shall then terminate;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to suspend temporarily specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., the following laws:

To the extent that any person or an attorney for any person has been directly affected by the disaster emergency, section 201 of the Civil Practice Law and Rules, so far as it bars an action, by or on behalf of such person, whose limitation period concludes during the period this provision is in effect, whether or not the time to commence such an action is specified in Article 2 of the Civil Practice Law and Rules.

In addition, I hereby modify, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., the above-referenced law to provide as follows:

In the event that any person or an attorney for any person has been directly affected by the disaster emergency, the limitation period for an action by or on behalf of such person shall be extended until the date on which this Order terminates.

To the extent that any person or an attorney for any person has been directly affected by the disaster emergency, section 5513 of the Civil Practice Law and Rules, so far as it prescribes a limitation period for such person that concludes during the period this provision is in effect.

In addition, I hereby modify from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., the above-referenced law to provide as follows:

In the event that any person or an attorney for any person has been directly affected by the disaster emergency, the time in which such person may take an appeal, cross-appeal or move for permission to appeal shall be extended until the date on which this Order terminates.

To the extent that any person or any attorney for any person has been directly affected by the disaster emergency, section 2004 of the Civil Practice law and Rules, so far as it limits a court's authority to extend on behalf of such person the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed, in those instances that are otherwise expressly prescribed by law.

In addition, I hereby modify, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., the above-referenced law to provide as follows:

Notwithstanding any other provision of law to the contrary, in the event that any person or an attorney for any person has been directly affected by the disaster emergency, a court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed, so long as the act required to be taken is taken prior to the expiration of this Order.

For purposes of this provision, a person or attorney who, in good faith, has reasonably relied on the provisions of Executive Orders 113.7 and 113.12 shall be deemed to have been directly affected by the disaster emergency.

Section 30. 10 of the Criminal Procedure Law, so far as it requires that criminal actions in New York City must be commenced within the period prescribed in that section, and so far as it requires that criminal actions outside New York City whose commencement was delayed by reason of the disaster emergency must be commenced within the period prescribed in that section.

In addition, I hereby modify, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., section 30.10 of the Criminal Procedure Law to provide as follows:

Criminal actions in the City of New York whose limitation period concludes during the period this provision is in effect may be commenced at any time prior to the termination of this Order; criminal actions outside the City of New York whose limitation period concludes during the period this provision is in effect, whose commencement was delayed by reason of the disaster emergency, may be commenced at any time prior to the termination of this Order.

Subdivision 4(g) of section 30.30 of the Criminal Procedure Law, so far as it may be interpreted to limit "exceptional circumstances" in a way that would not include any delay attributable to the disaster emergency;

Subdivisions one, two, three, four and five of section 460.10 of the Criminal Procedure Law, so far as they require that criminal appeals in New York City must be commenced within the period prescribed in that section, and so far as they require that criminal appeals outside New York City whose commencement was delayed by reason of the disaster emergency must be commenced within the period prescribed in that section.

In addition, I hereby modify, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., section 460.10 of the Criminal Procedure Law to provide as follows:

Criminal appeals in the City of New York whose limitation period concludes during the period this provision is in effect may be commenced at any time prior to the termination of this Order; criminal appeals outside the City of New York whose limitation period concludes during the period this provision is in effect whose commencement was delayed by reason of the disaster emergency may be commenced at any time prior to the termination of this Order.

To the extent that any person or an attorney for any person has been directly affected by the disaster emergency, Section 1113 of the Family Court Act, so far as it prescribes a limitation period for an action by or on behalf of such person that concludes during the period this provision is in effect.

In addition, I hereby modify section 1113 of the Family Court Act, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., to provide as follows:

In the event that any person or an attorney for any person has been directly affected by the disaster emergency, a limitation period described in section 1113 of the Family Court Act which concludes during the period this provision is in effect shall be extended on behalf of such person until the date on which this Order terminates.

To the extent that any person or an attorney for any person has been directly affected by the disaster emergency, section 25 of the Court of Claims Act, so far as it prescribes a limitation period for such person that concludes during the period this provision is in effect.

In addition, I hereby modify, from October 12, 2001, at 11:59 p.m., until November 8, 2001, at 11:59 p.m., section 25 of the Court of Claims Act to provide as follows:

In the event that any person or an attorney for any person has been directly affected by the disaster emergency, a limitation period described in section 25 of the Court of Claims Act which concludes during the period this provision is in effect shall be extended on behalf of such person until the date on which this Order terminates.

Any person or attorney who relies upon any temporary suspension in this Executive Order shall be presumed to have been "directly affected by the disaster emergency" unless shown by clear evidence to have acted without justification and in bad faith.

Signed: George E. Pataki

Dated: October 4, 2001

Executive Order No. 113.29

Suspension of Regulations Regarding Transportation and Handling of Certain Solid Waste Resulting from the World Trade Center Disaster.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

6 NYCRR Part 364 to the extent that this part requires persons working under the supervision of government officials of the State and/or City of New York in connection with the disaster emergency to obtain permits for the collection, transportation and delivery of regulated waste to the staging areas or disposal locations owned or operated by the City of New York; and

6 NYCRR Parts 370 through 374 and Part 376 to the extent that these parts require persons working under the supervision of government officials of the State and/or City of New York in connection with the disaster emergency to comply with hazardous waste management standards at the disaster site, during the transportation of such waste from the disaster site to staging areas or disposal locations owned, or operated by the City of New York, and in connection with the temporary storage of such waste at these staging areas or disposal locations.

Signed: George E. Pataki

Dated: October 9, 2001

Executive Order No. 113.30

Suspension of Provisions Relating to Crime Victim Awards for Persons Dependent Upon Victims of the World Trade Center Attack and Redefining the Term Principal Support for Persons Dependent upon Victims who Die as a Result of a Crime.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

I. SUSPENSION OF PROVISIONS RELATING TO CRIME VICTIMS AWARDS FOR PERSONS DEPENDENT UPON VICTIMS OF THE WORLD TRADE CENTER ATTACK

Section 624, paragraph (c) of subdivision 1, so far as it requires a person dependent for his or her support upon a victim who dies as a direct result of the World Trade Center to show that he or she was dependent for his or her principal support upon such a victim; provided, however, that such dependent person shall be eligible for awards upon a showing of unilateral dependence or mutual interdependence upon such a victim, which may be evidenced by a nexus of factors, including but not limited to common ownership of property, common householding, shared budgeting and the length of the relationship between such person and the victim.

II. REDEFINING THE TERM PRINCIPAL SUPPORT FOR PERSONS DEPENDENT UPON VICTIMS WHO DIE AS A DIRECT RESULT OF A CRIME

WHEREAS, Executive Law section 624, paragraph (c) of subdivision 1, requires certain persons to prove dependence upon a victim for principal support in order to obtain an award for lost earnings or support from the Crime Victims Board (the "Board");

WHEREAS, the term "principal support" in such provision has been interpreted by the Board to require a person seeking an award to establish that at least seventy-five percent of the person's support was provided by the victim of a crime who died as a direct result of such crime; and,

WHEREAS, this seventy-five percent requirement has produced unjust results;

NOW, THEREFORE, I, GEORGE E. PATAKI, direct the Board to amend its definition of the term "principal support" so that a person dependent upon a victim who dies as a direct result of a crime shall be eligible to receive awards for lost earnings or support if at least fifty percent of such person's support was provided by such victim.

Signed: George E. Pataki

Dated: October 10, 2001

Executive Order No. 113.31

Temporary Suspension of Statutory Provisions Relating to Distribution of Crime Victims Awards.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Section 631, subdivision 3 of the Executive Law, so far as it limits the amount of lost earnings or support that may be awarded on a weekly basis to an eligible person who is:

(a) a victim of the attack on the World Trade Center on September 11, 2001,

(b) a surviving spouse, grandparent, parent, stepparent, child or stepchild of a victim of such attack who died as a direct result thereof, or

(c) dependent for his or her principal support upon a victim of such attack who died as a direct result thereof; and,

Section 631, subdivision 9 of the Executive Law, so far as it limits the amount of cash losses of essential personal property that may be awarded to a victim of the attack on the World Trade Center.

Signed: George E. Pataki

Dated: October 10, 2001

Executive Order No. 113.32*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, Executive Law § 29-a authorizes the suspension, alteration and modification of statues, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency;

WHEREAS, Executive Law § 29-a provides that no suspension shall be made for a period in excess of thirty days, provided, however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional periods not to exceed thirty days each;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and after having reconsidered all the relevant facts and circumstances, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.4, 113.5, 113.6, 113.9, 113.14, 113.18, 113.19, 113.19-A and 113.24 shall continue through November 8, 2001 and Executive Order No. 113.26 shall continue through November 7, 2001.

FURTHER, I hereby amend the sixth paragraph of Executive Order No. 113.24 to read as follows:

Section 902, 1003 and 1403 of the Surrogate's Court Procedure Act, so far as they require service of process to persons missing or deceased as a result of the terrorist attacks of September 11, 2001.

Signed: George E. Pataki

Dated: October 10, 2001

Executive Order No. 113.33

Temporary Suspension and Modification of Provisions Relating to Enforcement Actions to Prevent Fraudulent Solicitations of Charitable Donations.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend, alter or modify specific provision of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend, alter and modify for the period from the date of this Executive Order until further notice, the following laws:

Subdivision 7 of Section 172-d of the Executive Law, so far as it precludes the imposition of sanctions against persons who fail to file any document specified in such subdivision and who do not act repeatedly and wilfully;

Subdivision 8 of Section 172-d of the Executive Law, so far as it precludes the imposition of sanctions against persons who fail to respond or comply with any cease and desist order at any time after the issuance of such order;

Subdivision 11 of Section 172-d of the Executive Law, so far as it precludes the imposition of sanctions against persons who continue soliciting on behalf of a charitable organization after cancellation of a contract with a such organization; provided, however, that such persons may continue soliciting on behalf of such charitable organization for a period of not more than seven days after such cancellation.

Subdivision 2 of Section 175 of the Executive Law, so far as it precludes the imposition of civil penalties, in enforcement actions brought in New York State Supreme Court for violations of Article 7-A of the Executive Law.

Subparagraph (i) of Paragraph (e) of Subdivision 2 of Section 175 of the Executive Law, so far as it precludes the imposition of sanctions against those who engage in fraudulent or illegal activities, acts or conduct in connection with solicitations for charitable or law enforcement purposes, and who do not act repeatedly, in enforcement actions brought in New York State Supreme Court for violations of Article 7-A of the Executive Law.

Subdivision 2 of Section 177 of the Executive Law, so far as it precludes the imposition of sanctions available pursuant to such subdivision for violations of subdivisions 3, 4, or 9 through 18 of Section 172-d of the Executive Law.

Paragraph (b) of Subdivision 2 of Section 177 of the Executive Law, so far as it precludes the assessment of a civil penalty:

(a) of up to the greater of $1,000 or two times the amount of the gain per violation; and

(b) if the violations cease within 30 days after notice of the possible assessment of civil penalties.

Subdivision 4 of Section 177 of the Executive Law, so far as it prevents the application of administrative remedies to any violation which was the subject of an enforcement action brought in New York State Supreme Court.

Signed: George E. Pataki

Dated: October 10, 2001

Executive Order No. 113.34

Establishing the Position of State Director of the Office of Public Security.

WHEREAS, the barbaric attacks on the World Trade Center and Pentagon on September 11, 2001, underscore the significance of coordinating and enhancing anti-terrorist efforts;

WHEREAS, a comprehensive statewide anti-terrorism strategy will strengthen the State's ability to detect, protect against, respond to, and prevent cowardly and murderous acts of violence;

WHEREAS, the efficient detection, identification and prevention of terrorist acts and threats are of compelling importance to protect the People of the State of New York from the evils of terrorism; and

WHEREAS, the first and paramount obligation of government is to protect the public from crime and violence, and acts of terrorism pose a threat to the people of New York State that cannot and will not be tolerated in our free society, and the position of State Director of Public Security must be created.

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby establish the position of State Director of Public Security, whose responsibilities shall include:

1. Overseeing, directing and coordinating public security resources and reviewing public security policies, protocols and strategies of State agencies including, but not limited to, the Division of the State Police, Division of Military and Naval Affairs, State Emergency Management Office, Department of Health, Department of Environmental Conservation, Division of Criminal Justice Services, Department of State, Office of Technology and the Department of Transportation;

2. Developing policies, protocols and strategies to detect, respond to and recover from terrorist acts or threats; identifying potential shortfalls and implementing appropriate revisions and enhancements thereto; and undertaking periodic drills and simulations designed to assess and prepare responses to a terrorist act or threat;

3. Coordinating State agency resources for the collection and analysis of information regarding terrorist threats and activities of terrorists throughout the State;

4. Coordinating and facilitating information sharing among local, State and Federal law enforcement agencies to ensure appropriate intelligence to assist in the early identification of and response to potential terrorist activities;

5. Assessing the preparedness of State and local public health systems to respond to terrorists acts, including ensuring the availability of early warning systems designed to detect potential threats and determining adequacy and availability of necessary vaccines and pharmaceuticals and hospital capacity;

6. Coordinating strategies, protocols and first-responder equipment needs to monitor, detect and respond to and mitigate consequences of a possible biological, chemical or radiological terrorist act or threat;

7. Working with local, State and Federal agencies as well as private entities to undertake a statewide assessment of the vulnerability of critical infrastructure to terrorist attacks, including nuclear facilities, power plants, telecommunications systems, public roadways, railways, bridges and tunnels, and develop strategies designed to protect them from terrorist attacks;

8. Developing plans to promote rapid recovery from terrorist attacks to ensure prompt restoration of transportation, utilities, critical communications and information systems and protect such infrastructure, as well as to contain and remove hazardous materials that might be used in an attack; and

9. Maintain primary contact with the Federal Office of Homeland Security.

FURTHER, the Director shall receive no compensation, but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of his duties.

All State agencies, departments, offices, divisions, public authorities, boards, bureaus, commissions and any other entities over which I have executive power are hereby directed to cooperate fully with the Director of Public Security and provide any assistance necessary to fulfill the purposes of this Order.

Signed: George E. Pataki

Dated: October 10, 2001

Executive Order No. 113.35

Temporary Suspension of Workers' Compensation Law Requirement that Victims of the Terrorist Attacks on September 11, 2001 Must Notify Employees Within Thirty Days of Injuries or Deaths Sustained as a Result of Such Attacks.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend, alter or modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend, alter and modify for the period from the date of this Executive Order until further notice, the following law:

Section 18 of the Workers' Compensation Law, so far as it requires workers' compensation claimants who are victims of the September 11, 2001 terrorist attacks to provide notice of any injury or death sustained as a result of such attacks to the employer within thirty days of the incident, and that the notice be in writing and signed by the claimant who is a victim.

Signed: George E. Pataki

Dated: October 11, 2001

Executive Order No. 113.36*

Temporary Suspension and Modification of Statutory Provisions Relating to Employment of Retired Members of the State Police.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Subdivisions 1 and 3 of Section 211 and Section 212 of the Retirement and Social Security Law, insofar as it limits the amount of earnings or compensation that may be received before suspension or diminution of retirement allowance by persons who retired from the Division of State Police after December 30, 1998, or by persons who retire from the Division of State Police on or after the date of this Order, and who return to public employment with the Division of State Police; provided, however, that all decisions to rehire retired persons and classify positions remain within the sole discretion of the Superintendent of the State Police, who may make and issue orders, rules or regulations governing the rehiring and classification of personnel; provided, further, that all decisions relating to the amount of earnings or compensation shall be at the discretion of the Superintendent of the State Police subject to the approval of the Director of the Division of the Budget; and

Subdivision 2 of Section 211 of the Retirement and Social Security Law, insofar as it requires approval of the State Civil Service Commission and a written request of the Division of State Police for persons who retired from the Division of State Police after December 30, 1998, or persons who retire from the Division of State Police on or after the date of this Order, and who return to public employment with the Division of State Police; provided, however, that the Superintendent of the State Police must determine that:

(1) the retired person is duly qualified, competent and physically fit for performance of the duties of the position in which he or she is to be employed;

(2) there is need for his or her services in such position; and

(3) his or her employment is in the best interests of the government service; provided, further, that all decisions to rehire retired persons and classify positions remain within the sole discretion of the Superintendent of State Police, who may make and issue orders, rules or regulations governing the rehiring and classification of personnel; provided, further, that all decisions relating to the amount of earnings or compensation shall be at the discretion of the Superintendent of the State Police subject to the approval of the Director of the Division of the Budget.

Signed: George E. Pataki

Dated: October 12, 2001

Executive Order No. 113.36-A

Temporary Suspension and Modification of Statutory Provisions Relating to Employment of Retired Members and Continuation of Employment of Members of the State Police After Retirement Age.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

(1) the retired person is duly qualified, competent and physically fit for performance of the duties of the position in which he or she is to be employed;

(2) there is need for his or her services in such position; and

Subdivision e of Section 381-b of the Retirement and Social Security Law, insofar as it requires a member of the Division of State Police who is in the twenty year retirement plan to retire on December thirty-first of the year in which the member attain fifty-seven or sixty years of age; provided, however, that all decisions to retain a member of the Division of State Police after December thirty-first of the year in which the member attains fifty-seven or sixty years of age remain within the sole discretion of the Superintendent of the State Police, who must make a determination to retain such member based upon the following considerations:

(1) the member is duly qualified, competent and physically fit for performance of the duties of the position in which the member is to continue to be employed;

(2) there is need for the members' services in such position; and

(3) the members' continued employment is in the best interests of the government service.

Signed: George E. Pataki

Dated: October 16, 2001

Executive Order No. 113.37

Directing that the Adjutant General Order into Active Service the Organized Militia to Assist Civil Agencies and Authorities in the State of New York in Security Efforts at Transportation Facilities, Bridges, Tunnels, Utility, and Communications Facilities, Public Events and Venues.

WHEREAS, I issued Executive Order Number 113, dated September 11, 2001, declaring a disaster emergency in the State of New York, Executive Order No. 113.2, dated September 11, 2001, continuing Executive Order Number 113 and amending it to direct that The Adjutant General order into active service the organized militia to assist civil agencies and authorities in the State of New York in disaster recovery efforts necessitated by the disaster, and Executive Order 113.27, dated October 2, 2001, continuing Executive Order Nos. 113 and 113.2 and amending them to direct that The Adjutant General order into active service the organized militia to assist in airport security operations; and

WHEREAS, on October 7, 2001, the United States began military actions against terrorist training facilities and supporting military infrastructure, requiring a heightened level of homeland security throughout New York State, including security at transportation facilities, bridges, tunnels, utility and communications facilities, public events and venues.

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Nos. 113 and 113.2, dated September 11, 2001, and do hereby continue Executive Order No. 113.27, dated October 2, 2001, except that such Executive Order No. 113.27 is amended by adding the following paragraph:

FURTHER ordered that The Adjutant General shall order into the active service of the State, for such period, to such extent, and in such manner as he may deem necessary, all or any part of the organized militia to assist civil agencies and other authorities in security efforts at transportation facilities, bridges, tunnels, utility and communications facilities, public events and venues, and other vital installations and facilities, as may be deemed necessary, within the State of New York.

Signed: George E. Pataki

Dated: October 12, 2001

Executive Order No. 113.38

Directing State and Local Police Agencies to Notify the Division of State Police of Threats or Incidents of the Release of Biological or Chemical Agents.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, there have been reported incidents of the release of biological agents in New York and Florida;

WHEREAS, there exists a continued threat of additional incidents of the release of biological or chemical agents jeopardizing the health and safety of the public;

WHEREAS, the prevention, detection and response regarding any future threats or incidents of such release is essential to ensure the protection of all New Yorkers;

WHEREAS, in order to identify similarities or commonalities among such threats or incidents, it is necessary that all information regarding any such threats or incidents be reported to a centralized agency;

FURTHER, I direct that all state and local police agencies notify the Division of State Police, by NYSPIN or other designated means in a format to be determined by the Division of State Police, of any reports of threats or incidents of the release of anthrax or other biological or chemical agents immediately after receipt of such reports.

Signed: George E. Pataki

Dated: October 12, 2001

Executive Order No. 113.39*

Temporary Suspension of Statutory Provisions Relating to Training Requirements for Officers and Members of the Uniformed Force of the New York City Fire Department.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Subdivision 1 of section 2.30 of the Criminal Procedure Law, so far as it requires peace officers, as that term is defined in subdivision 28 of section 2.10 of the Criminal Procedure Law, to complete a training program prescribed by the Municipal Police Training Council.

Signed: George E. Pataki

Dated: October 16, 2001

Executive Order No. 113.40

Allowing Access to Photo Images Retained by the Department of Motor Vehicles to Assist in Terrorist Investigations.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

Vehicle and Traffic Law section 504(3), to the extent that photo images taken by the Department of Motor Vehicles as part of the application procedure for a learner's permit or driver's license may not under any circumstances be a public record, and such subdivision is altered and modified so that any such photo images may be provided to a State or Federal law enforcement agency upon the written certification by an official of such an agency authorized so to certify that such photo images are necessary to assist in the investigation of terrorist activities.

Signed: George E. Pataki

Dated: October 16, 2001

Executive Order No. 113.41*

Temporary Suspension and Modification of Statutory and Regulatory Provisions Concerning Eligibility for Medicaid, Family Health Plus and the Child Health Insurance Plan.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, 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, and for the purpose of ensuring the availability of Medicaid benefits, including Family Health Plus, under titles 11 and 11-D of Article 5 of the Social Services Law and Child Health Insurance Plan ("CHIP") benefits under title I-A of Article 25 of the Public Health Law in the City of New York, and in counties where the ability to authorize and reauthorize such benefits has been compromised by the disaster emergency, as determined by the Commissioner of the New York State Department of Health, I hereby temporarily suspend in the City of New York and in such counties, from September 24, 2001 until further notice, the following laws and regulations:

Sections 366 and 366-a of the Social Services Law, insofar as they would prevent the Commissioner of the New York State Department of Health from providing a temporary period of Medicaid coverage ("Disaster Relief") to eligible persons who apply in New York City and the affected counties, or would prevent the Commissioner from establishing streamlined application procedures for Disaster Relief;

Section 369-ee (2)(b) of the Social Services Law, and Section 360-2.3 of Title 18 of the New York Codes, Rules and Regulations insofar as they would require applicants for Disaster Relief to document their income and resources for purposes of establishing eligibility for such assistance;

Section 366 (2) of the Social Services Law, and Subpart 360-4 of Title 18 of the New York Codes, Rules and Regulations, pertaining to financial eligibility for Medicaid, to the extent necessary to provide Disaster Relief to persons who are eligible for but not in receipt of Family Health Plus benefits under title 11-D of Article 5 of the Social Services Law;

Section 364-j of the Social Services Law, and Subpart 360-10 of Title 18 of the New York Codes, Rules and Regulations, insofar as they would require or allow applicants for Disaster Relief to be enrolled in Medicaid managed care plans;

Section 2511 (2)(f) of the Public Health Law insofar as it requires persons currently receiving CHIP to have their eligibility redetermined at least once a year; and

Section 360-2. 2 of Title 18 of the New York Codes, Rules and Regulations, insofar as it requires persons currently receiving Medicaid benefits to have their eligibility redetermined at least once a year.

Signed: George E. Pataki

Dated: November 5, 2001

Executive Order No. 113.42

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and after having reconsidered all the relevant facts and circumstances, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.6, 113.14, 113.18, 113.19, 113.19-A, 113.24, 113.26, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A and 113.39 shall continue through December 7, 2001 and Executive Order No. 113.26 shall continue through December 5, 2001.

FURTHER, I do hereby order, after having reconsidered all the relevant facts and circumstances, that the suspension, alteration or modification of provisions of law ordered by Executive Order No. 113.28, which are scheduled to expire on November 8, 2001 or on any other date indicated therein, or on any indefinite date, shall continue through December 7, 2001.

Signed: George E. Pataki

Dated: November 7, 2001

Executive Order No. 113.43*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.14, 113.18, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A and 113.39 shall continue through January 7, 2001 and the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.25-B and 113.26 shall continue through January 2, 2001.

FURTHER, I do hereby order, after having reconsidered all the relevant facts and circumstances, that the suspension, alteration or modification of provisions of law ordered by Executive Order No. 113.28, which are scheduled to expire on December 7, 2001 or on any other date indicated therein, or on any indefinite date, shall continue through January 7, 2001.

Signed: George E. Pataki

Dated: December 7, 2001

Executive Order No. 113.43-A

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.14, 113.18, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A and 113.39 shall continue through January 7, 2002 and the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.25-B and 113.26 shall continue through January 2, 2002.

FURTHER, I do hereby order, after having reconsidered all the relevant facts and circumstances, that the suspension, alteration or modification of provisions of law ordered by Executive Order No. 113.28, which are scheduled to expire on December 7, 2001 or on any other date indicated therein, or on any indefinite date, shall continue through January 7, 2002.

Signed: George E. Pataki

Dated: December 11, 2001

Executive Order No. 113.44

Temporary Suspension and Modification of the Environmental Conservation Law Respecting the Closure of the Fresh Kills Landfill.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby continue Executive Order No. 113, dated September 11, 2001, except that such Executive Order is amended to read as follows:

FURTHER, pursuant to the authority vested in me by section 29-a of article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, 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, I hereby temporarily suspend, from the date the disaster emergency was declared until further notice, pursuant to Executive Order Number 113, issued on September 11, 2001, the following statute: Environmental Conservation Law § 27-0706(b) to the extent that debris removed from the site of the World Trade Center disaster may be accepted for disposal at section 1/9 of the Fresh Kills Landfill after January 1, 2002.

Signed: George E. Pataki

Dated: December 28, 2001

Executive Order No. 113.45*

Temporary Suspension of Provisions of Insurance Law Affecting Procurement of Surety Bonds or Insurance Contracts Required in Connection with Projects Relating or in Response to the Terrorist Attacks on September 11, 2001.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend, alter or modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend, alter and modify for the period from the date of this Executive Order until further notice, the following law:

Section 2504 of the Insurance Law, so far as it prohibits an officer or employee of the State, or of any public corporation or public authority, or any person, firm or corporation acting or purporting to act on behalf of such officer or employee, from negotiating, making, applying for, obtaining or procuring any surety bonds or contracts of insurance required in connection with projects relating or in response to the terrorist attacks on September 11, 2001.

Signed: George E. Pataki

Dated: January 3, 2002

Executive Order No. 113.46

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.4, 113.5, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, 113.39 and 113.41 shall continue through February 6, 2002 and the suspension, alteration or modification of provisions of law ordered by Executive Order No. 113.26 shall continue through January 30, 2002.

FURTHER, I do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Number 113.25-B, dated October 26, 2001, as extended through January 2, 2002 by Executive Order Number 113.43, dated December 7, 2001, shall continue through February 1, 2002, to the extent that such Order pertains to unpaid school taxes which have been relevied pursuant to section 1330 of the Real Property Tax Law, so that such taxes may be paid without interest or penalties until the end of the interest-free tax collection period prescribed by section 924 of the Real Property Tax Law (or in Dutchess and Rensselaer counties by sections 1504 and 1506 of the Real Property Tax Law, respectively).

Signed: George E. Pataki

Dated: January 7, 2002

Executive Order No. 113.47*

Temporary Suspension and Modification of the Public Authorities Law Regarding the Awarding of Certain Contracts.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the September 11, 2001 terrorist attack at the World Trade Center severely damaged the 1 and 9 subway lines, causing the collapse of 1,200 feet of track under the World Trade Center and resulting in the termination of service south of Chambers Street;

WHEREAS, the 1 and 9 lines are a crucial transportation link in Lower Manhattan, carrying more than 600,000 people a day to home and work;

WHEREAS, it is of utmost importance to the recovery of Lower Manhattan and the vitality of the entire New York metropolitan area that full service on the 1 and 9 subway lines be restored as soon as possible;

Public Authorities Law § 1209 to the extent necessary for the Metropolitan Transportation Authority and/or the New York City Transit Authority to award contracts in connection with the expedited repair or reconstruction of the 1 and 9 subway lines and associated facilities that were destroyed or damaged as a result of the terrorist attack upon the World Trade Center on September 11, 2001.

Signed: George E. Pataki

Dated: January 23, 2002

Executive Order No. 113.48

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through March 8, 2002.

FURTHER, I do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Number 113.25-B, dated October 26, 2001, shall continue through February 28, 2002, to the extent that such Order pertains to unpaid school taxes which have been relevied pursuant to section 1330 of the Real Property Tax Law in Dutchess County, so that such taxes may be paid without interest or penalties until the end of the interest-free tax collection period prescribed by section 1504 of the Real Property Tax Law.

Signed: George E. Pataki

Dated: February 6, 2002

Executive Order No. 113.49*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.4, 113.5, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through April 7, 2002.

Signed: George E. Pataki

Dated: March 8, 2002

Executive Order No. 113.50

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through May 7, 2002.

Signed: George E. Pataki

Dated: April 8, 2002

Executive Order No. 113.51*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.4, 113.5, 113.19, 113.19-A, 113.24, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through June 6, 2002.

FURTHER, I do hereby order that the suspension, alteration or modification of Subdivision e of Section 381-b of the Retirement and Social Security Law, as ordered by the last paragraph of Executive Order number 113.36-A, dated October 16, 2001, shall continue through May 8, 2002, and the suspension, alteration or modification of such provision of law shall be discontinued after such date.

Signed: George E. Pataki

Dated: May 7, 2002

Executive Order No. 113.52

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, as modified by Executive Order No. 113.51, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through July 6, 2002.

Signed: George E. Pataki

Dated: June 6, 2002

Executive Order No. 113.53*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.29, 113.30, 113.31, 113.33, 113.35, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41, 113.44, 113.45 and 113.47 shall continue through August 5, 2002.

Signed: George E. Pataki

Dated: July 8, 2002

Executive Order No. 113.54

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.33, 113.35, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41, 113.45 and 113.47 shall continue through September 4, 2002.

Signed: George E. Pataki

Dated: August 5, 2002

Executive Order No. 113.55*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.35, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41, 113.45 and 113.47 shall continue through October 4, 2002.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through October 4, 2002, and such suspension, alteration or modification shall be deemed to have been in full force and effect on and after June 6, 2002.

Signed: George E. Pataki

Dated: September 4, 2002

Executive Order No. 113.56

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.35, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41, 113.45 and 113.47 shall continue through November 4, 2002.

Signed: George E. Pataki

Dated: October 4, 2002

Executive Order No. 113.57*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41 and 113.45 shall continue through December 4, 2002.

Signed: George E. Pataki

Dated: November 4, 2002

Executive Order No. 113.57-A

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41 and 113.45 shall continue through December 4, 2002.

FURTHER, I do hereby order the suspension, alteration or modification of sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through December 4, 2002.

Signed: George E. Pataki

Dated: November 6, 2002

Executive Order No. 113.58*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41 and 113.45 shall continue through January 4, 2003.

Signed: George E. Pataki

Dated: December 5, 2002

Executive Order No. 113.59

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39, 113.41, and 113.45 shall continue through February 4, 2003.

FURTHER, I do hereby order that the suspension, alteration or modification of Section 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through February 4, 2003.

Signed: George E. Pataki

Dated: January 6, 2003

Executive Order No. 113.60*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through March 7, 2003.

Signed: George E. Pataki

Dated: February 4, 2003

Executive Order No. 113.61*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through April 7, 2003.

Signed: George E. Pataki

Dated: March 10, 2003

Executive Order No. 113.62

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, as we brace ourselves for the possibility of war, we must be even more vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the Governors of the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, to fully utilize the police resources provided by our sister states, we must confer police officer powers on such officers while they are within the geographic jurisdiction of New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

WHEREAS, such circumstances and limitations should not be applied to sworn police officers from our sister states serving as railroad police officers and would prevent, hinder and delay action necessary to cope with the aftermath of the September 11, 2001 attacks and the heightened risk of terrorist attacks arising from imminent hostilities overseas; and

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of members of the Connecticut State Police, sworn police officers of any county or municipality in the State of Connecticut, members of the New Jersey State Police, or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, The Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Subdivision 17 of Section 88 of the Railroad Law, insofar as it relates to the filing requirements by the Superintendent of the New York State Police and the mailing of notice of suspension or revocation of appointments made pursuant to Section 88 of the Railroad Law and is modified so as to require the Superintendent of the New York State Police to mail notice of suspension or revocation of any such appointments to the Superintendent of the State Police of either New Jersey or Connecticut, whichever is appropriate.

Signed: George E. Pataki

Dated: March 19, 2003

Executive Order No. 113.63

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

WHEREAS, Executive Law § 29-a provides that no suspension shall be made for a period in excess of 30 days, provided, however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional periods not to exceed 30 days each;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Orders Nos. 113.51, 113.39 and 113.45 shall continue through May 7, 2003.

Signed: George E. Pataki

Dated: April 7, 2003

Executive Order No. 113.64*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, Executive Law, § 29-a authorizes the suspension, alteration and modification of statutes, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

WHEREAS, Executive Law, § 29-a provides that no suspension shall be made for a period in excess of 30 days, provided, however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional periods not to exceed 30 days each;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through June 7, 2003.

FURTHER, I do hereby order that the suspension, alteration or modification of sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through June 7, 2003.

Signed: George E. Pataki

Dated: May 8, 2003

Executive Order No. 113.65

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

Executive Order No. 113.65: Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: May 20, 2003

Executive Order No. 113.66

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through July 6, 2003.

Signed: George E. Pataki

Dated: June 6, 2003

Executive Order No. 113.67*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through August 2, 2003.

Signed: George E. Pataki

Dated: July 3, 2003

Executive Order No. 113.68*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through August 31, 2003.

Signed: George E. Pataki

Dated: August 1, 2003

Executive Order No. 113.69

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

WHEREAS, Executive Law § 29-a provides that no suspension shall be made for a period in excess of 30 days; provided, however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional periods not to exceed 30 days each;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through September 30, 2003.

Signed: George E. Pataki

Dated: September 3, 2003

Executive Order No. 113.70*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through October 30, 2003.

Signed: George E. Pataki

Dated: October 1, 2003

Executive Order No. 113.71

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through November 30, 2003.

Signed: George E. Pataki

Dated: October 31, 2003

Executive Order No. 113.72*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, 113.39 and 113.45 shall continue through December 29, 2003.

Signed: George E. Pataki

Dated: December 2, 2003

Executive Order No. 113.73

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: December 21, 2003

Executive Order No. 113.74

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51 and 113.45 shall continue through January 29, 2004.

Signed: George E. Pataki

Dated: December 30, 2003

Executive Order No. 113.75

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51 and 113.45 shall continue through February 29, 2004.

Signed: George E. Pataki

Dated: January 30, 2004

Executive Order No. 113.76*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51 and 113.45 shall continue through March 30, 2004.

Signed: George E. Pataki

Dated: March 1, 2004

Executive Order No. 113.77

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: March 12, 2004

Executive Order No. 113.78

Continuing the Suspension of Certain Provisions of Law.

Whereas, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through April 30, 2004.

Signed: George E. Pataki

Dated: April 2, 2004

Executive Order No. 113.79*

Continuing the Suspension of Certain Provisions of Law.

Whereas, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through May 30, 2004.

Signed: George E. Pataki

Dated: April 30, 2004

Executive Order No. 113.80

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through June 27, 2004.

Signed: George E. Pataki

Dated: May 28, 2004

Executive Order No. 113.81

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: June 22, 2004

Executive Order No. 113.82

Executive Order No. 113.82: Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51 and 113.45 shall continue through July 29, 2004.

Signed: George E. Pataki

Dated: June 29, 2004

Executive Order No. 113.83*

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: July 23, 2004

Executive Order No. 113.84

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, said Executive Order No. 113 designated Edward F. Jacoby, Jr., Director of the State Emergency Management Office as the State Coordinating Officer for the September 11, 2001 disaster;

WHEREAS, James W. Tuffey became Acting Director of the New York State Emergency Management Office upon the retirement of Edward F. Jacoby, Jr.;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51 and 113.45 shall continue through August 28, 2004.

FURTHER, I do hereby amend Executive Order 113 to designate James W. Tuffey as the replacement for Edward F. Jacoby, Jr. as the State Coordinating Officer for the September 11, 2001 disaster.

Signed: George E. Pataki

Dated: July 29, 2004

Executive Order No. 113.85*

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: August 23, 2004

Executive Order No. 113.86

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through September 27, 2004.

Signed: George E. Pataki

Dated: August 27, 2004

Executive Order No. 113.87

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: September 22, 2004

Executive Order No. 113.88

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through October 27, 2004.

Signed: George E. Pataki

Dated: September 27, 2004

Executive Order No. 113.89

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: October 22, 2004

Executive Order No. 113.90

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through November 26, 2004.

Signed: George E. Pataki

Dated: October 27, 2004

Executive Order No. 113.91*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through December 26, 2004.

Signed: George E. Pataki

Dated: November 26, 2004

Executive Order No. 113.92*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through January 23, 2005.

Signed: George E. Pataki

Dated: December 24, 2004

Executive Order No. 113.93

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through February 22, 2005.

Signed: George E. Pataki

Dated: January 24, 2005

Executive Order No. 113.94*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through March 24, 2005.

Signed: George E. Pataki

Dated: February 23, 2005

Executive Order No. 113.95

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through April 23, 2005.

Signed: George E. Pataki

Dated: March 25, 2005

Executive Order No. 113.96*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.30, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through May 22, 2005.

Signed: George E. Pataki

Dated: April 22, 2005

Executive Order No. 113.97

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through June 21, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after May 22, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through June 21, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force, and effect on and after May 22, 2005.

Signed: George E. Pataki

Dated: May 24, 2005

Executive Order No. 113.98

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through July 21, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after June 21, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through July 21, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force, and effect on and after June 21, 2005.

Signed: George E. Pataki

Dated: June 29, 2005

Executive Order No. 113.99

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries and New Jersey Transit or its subsidiaries;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: July 7, 2005

Executive Order No. 113.100

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to' deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries, New Jersey Transit or its subsidiaries, and ferries certified to carry passengers to and from New York State;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: July 10, 2005

Executive Order No. 113.101

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through August 20, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after July 21, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through August 20, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after July 21, 2005.

Signed: George E. Pataki

Dated: July 26, 2005

Executive Order No. 113.102*

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries, New Jersey Transit or its subsidiaries, and ferries certified to carry passengers to and from New York State;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: August 4, 2005

Executive Order No. 113.103

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through September 19, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after August 20, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through September 19, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after August 20, 2005.

Signed: George E. Pataki

Dated: August 31, 2005

Executive Order No. 113.104*

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries, New Jersey Transit or its subsidiaries, and ferries certified to carry passengers to and from New York State;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: September 6, 2005

Executive Order No. 113.105

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, Executive Law § 29-a authorizes the suspension, alteration and modification of statutes, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency; WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist state agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through October 16, 2005.

Signed: George E. Pataki

Dated: September 16, 2005

Executive Order No. 113.106

Temporary Suspension of Provisions Relating to Out-of-State Law Enforcement Officers Serving as Railroad Police Officers.

WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;

WHEREAS, the attacks of September 11, 2001 have demonstrated that there are terrorists at home and abroad that seek to do us harm;

WHEREAS, no State has done more than New York since September 11, 2001 to ensure the safety and security of the people within its borders and its critical infrastructure;

WHEREAS, we must be vigilant in our efforts to protect against terrorist attacks;

WHEREAS, the States of Connecticut and New Jersey have agreed to deploy police officers from their states to provide increased security on commuter trains going to and from New York State;

WHEREAS, Railroad Law § 88 authorizes the Superintendent of State Police to appoint any person as a railroad police officer only under prescribed circumstances and subject to certain limitations;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order Number 113, dated September 11, 2001, except that such Executive Order is amended by adding the following provisions:

FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend and modify specific provisions of any statute, local law, ordinance, order, rule or regulation, 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, I hereby temporarily suspend and modify, for the period from the date of this Executive Order until further notice, the following laws for purposes of appointment of sworn police officers of the State of Connecticut or sworn police officers of any county or municipality in the State of Connecticut, or sworn police officers of the State of New Jersey or sworn police officers of any county or municipality in the State of New Jersey as Railroad Police:

Subdivision 1 of Section 88 of the Railroad Law, is suspended insofar as it requires the Superintendent of the New York State Police to appoint railroad police officers only upon the application of a corporation, express company, or steamboat company, and is modified to the extent necessary to include all rail facilities owned or operated by the Port Authority of New York and New Jersey or its subsidiaries, the Metropolitan Transit Authority or its subsidiaries, New Jersey Transit or its subsidiaries, and ferries certified to carry passengers to and from New York State;

Subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 of Section 88 of the Railroad Law; and

Signed: George E. Pataki

Dated: October 6, 2005

Executive Order No. 113.107

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through November 13, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after October 16, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through November 13, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after October 16, 2005.

Signed: George E. Pataki

Dated: October 18, 2005

Executive Order No. 113.108*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through December 13, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after November 13, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through December 13, 2005, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after November 13, 2005.

Signed: George E. Pataki

Dated: November 15, 2005

Executive Order No. 113.109

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through January 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after December 13, 2005.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through January 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after December 13, 2005.

Signed: George E. Pataki

Dated: December 19, 2005

Executive Order No. 113.110

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through February 11, 2006.

Signed: George E. Pataki

Dated: January 12, 2006

Executive Order No. 113.111*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through March 13, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after February 11, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through March 13, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after February 11, 2006.

Signed: George E. Pataki

Dated: February 15, 2006

Executive Order No. 113.112

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through April 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after March 13, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through April 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after March 13, 2006.

Signed: George E. Pataki

Dated: March 16, 2006

Executive Order No. 113.113*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Orders Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through May 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after April 12, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through May 12, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after April 12, 2006.

Signed: George E. Pataki

Dated: April 20, 2006

Executive Order No. 113.114

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through June 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on an after May 12, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through June 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after May 12, 2006.

Signed: George E. Pataki

Dated: May 16, 2006

Executive Order No. 113.115*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5, 113.31, 113.36-A, as modified by Executive Order Nos. 113.51, and 113.45 shall continue through July 11, 2006, and such suspensions shall be deemed to have been in full force and effect on and after June 11, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through July 11, 2006, and such suspensions shall be deemed to have been in full force and effect on and after June 11, 2006.

Signed: George E. Pataki

Dated: June 13, 2006

Executive Order No. 113.116

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5 and 113.31 as modified by Executive Order Nos. 113.51 and 113.45, shall continue through August 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after July 11, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through August 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after July 11, 2006.

Signed: George E. Pataki

Dated: July 18, 2006

Executive Order No. 113.117*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5 and 113.31 as modified by Executive Order Nos. 113.51 and 113.45, shall continue through September 11, 2006.

Signed: George E. Pataki

Dated: August 11, 2006

Executive Order No. 113.118

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5 and 113.31 as modified by Executive Order Nos. 113.51 and 113.45, shall continue through October 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after September 11, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through October 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after September 11, 2006.

Signed: George E. Pataki

Dated: September 12, 2006

Executive Order No. 113.119*

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5 and 113.31 as modified by Executive Order Nos. 113.51 and 113.45, shall continue through November 11, 2006.

Signed: George E. Pataki

Dated: October 11, 2006

Executive Order No. 113.120

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that the suspension, alteration or modification of provisions of law ordered by Executive Order Nos. 113.5 and 113.31 as modified by Executive Order Nos. 113.51 and 113.45, shall continue through December 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after November 11, 2006.

FURTHER, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through December 11, 2006, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after November 11, 2006.

Signed: George E. Pataki

Dated: November 13, 2006

Executive Order No. 113.121

Continuing the Suspension of Certain Provisions of Law.

WHEREAS, on September 11, 2001, I issued Executive Order No. 113 declaring a disaster emergency in the State of New York;

WHEREAS, beginning on September 11, 2001 and continuing, I issued a series of Executive Orders to help victims and their families, expedite rescue and recovery efforts and assist State agencies and local governments in responding to the disaster caused by the attack on the World Trade Center;

WHEREAS, the vast majority of the aforementioned Executive Orders have fully accomplished their purpose and, therefore, are no longer necessary and have been allowed to expire; and

WHEREAS, certain suspensions, alterations and modifications of law that I have ordered continue to be necessary and desirable to assist victims and their families.

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order that Executive Order No. 113 shall remain in effect and that the suspension, alteration or modification of provisions of Section 631 of the Executive Law, so far as it limits the amount of an award for burial expenses to $6,000, as ordered by the fifth paragraph of Executive Order 113.5, and of any provision in Article 22 of the Executive Law, so far as it limits the ability of the Crime Victims Board to pay cost of counseling, including any restriction on the Board's ability to pay such cost to persons other than those set forth in Section 626 of the Executive Law, as ordered by the sixth paragraph of Executive Order 113.5, shall continue through January 11, 2007, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after December 11, 2006.

FURTHER, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, I do hereby order that the suspension, alteration or modification of Sections 2401 and 2402 of the Surrogate's Court Procedure Act, as ordered by the fourth paragraph of Executive Order No. 113.24, dated September 24, 2001, shall continue through January 11, 2007, and such suspensions, alterations or modifications shall be deemed to have been in full force and effect on and after December 11, 2006.

Signed: George E. Pataki

Dated: December 27, 2006

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.]

^[DAGGER]

[Rescinded by Executive Order No. 113.23 (George E. Pataki), infra.]

^* [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.]

^[DAGGER] [Rescinds Executive Order 113.13 (George E. Pataki), supra.]

^* [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 § 5.113