New York, Proposal 33, Genesee State Park Commission, Map Number 33", prepared from a survey completed June 20, 1967 made by Douglas A. McIntosh, Land Surveyor, revised December 10, 1968 and approved for the Genesee State Park Commission and more particularly described as follows:

BEGINNING at a point in the division line between lands now or formerly of Boleslaus J. Schwartz, et al on the west, and lands now or formerly of Carlton Beals and Ramona K. Beals, his wife, on the east which point is also in the north line of lands acquired by the State of New York, which acquisition is designated as Darien Lakes State Park, Proposal 22-R, and is recorded in the Genesee County Clerk's Office, in Liber 402 at Page 1069, which point is also described as being S 87° 37′ 59′′ W 595.94 feet from the west line of the Allegany Road right-of-way as measured along the north line of said Proposal 22-R; thence along the said Schwartz, et al-Beals division line the following courses and distances: (1) N 01° 02′ 30′′ W. 335.28 feet to a point and (2) N 87° 37′ 59′′ E 305.51 feet to a point; thence S 01° 02′ 30" E 335.28 feet through the lands of said Beals to a point in the north line of said Proposal 22-R; thence S 87° 37′ 59′′ W 305.51 feet along the north line of said Proposal 22-R to the point or place of beginning.

Containing 2.35 acres more or less.

All bearings refer to true meridian.

Excluding therefrom all existing oil, gas and mineral mining and storage rights or easements and waterline easements, if any, now of record of persons or corporations other than the owners of the lands above described, provided, however, that the exercise of such rights shall not interfere in any manner, in the opinion of the Commission, with unrestricted use for park purposes of the surface of the lands herein appropriated.

§ 2. If the court shall find that the lands of the claimants or any interest of said claimants in said lands or any part thereof were so appropriated, and that such claimants are the owners of the property affected thereby, or have some interest therein and have not been compensated for the value of and damages to such lands, or easement rights in such lands, or other interest in such lands, including consequential and severance damages, such value and damages shall constitute a legal and valid claim against the state and the state shall be liable therefor and the court may make an award and render judgment for such claimants and against the state in such sum as shall reasonably compensate the claimants for the value of such premises appropriated and for such damages sustained by reason of such appropriation.

§ 3. The state hereby consents to have its liability on such claim or claims determined notwithstanding the failure of the claimants to file such claim or claims or notice of intention to file such claim or to do any other act in relation to the presentation thereof within the time limited or prescribed by law, to the same extent and with the same effect as though said claim had been timely filed; provided

such claim is filed with court within six months after this act takes effect.

§ 4. Nothing herein contained shall be construed as passing upon the merits of such claim and no award shall be made or judgment rendered against the state unless sustained by such evidence as would create a liability against an individual or corporation.

§ 5. This act shall take effect immediately.

CHAPTER 565

AN ACT to amend the town law, in relation to authorizing the town of Huntington, county of Suffolk, to appropriate certain moneys to publicity funds Became a law June 5, 1973, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph e of subdivision fourteen of section sixtyfour of the town law, as added by chapter eight hundred fifty-seven of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

e. Notwithstanding the provisions of this subdivision, the towns of Islip, Babylon, Huntington and Brookhaven, Suffolk county, may, upon adoption of a resolution subject to a permissive referendum, appropriate a sum in excess of three thousand dollars but not in excess of fifty thousand dollars to its publicity fund and may continue to make such appropriations, until the adoption of a resolution, also subject to a permissive referendum, to discontinue the same.

§ 2. This act shall take effect immediately.

CHAPTER 566

AN ACT to amend the judiciary law, in relation to the appointment of grand jury stenographers by the district attorney of Rockland county

Became a law June 5, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section three hundred twenty-one of the judiciary law, as added by chapter five hundred forty-five of the laws of nineteen hundred seventy-one, is hereby amended to read as follows:

§ 321. Appointment of stenographers. It shall be lawful for the district attorney of any county of this state, to appoint a stenographer to take the testimony given before the grand juries in said county.

a. In the county of Kings, it shall be lawful for the district attorney of said county to appoint twelve stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in the said county of Kings, and such appointment shall be in writing, under the hand and seal of such district attorney, and shall be filed in the county clerk's office of said county of Kings.

b. In the county of Erie, it shall be lawful for the district attorney of said county to appoint six stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in said county of Erie, and such appointments shall be in writing, under the hand and seal of such district attorney, and shall be filed in the county clerk's office of said county of Erie.

c. In the county of New York, it shall be lawful for the district attorney of such county to appoint three stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries to said county of New York, and such appointments shall be in writing, under the hand and seal of such district attorney, and shall be filed in the county clerk's office of said county of New York.

d. In the county of Rockland, it shall be lawful for the district attorney of said county to appoint two stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in said county of Rockland, and such appointments shall be in writing under the hand and seal of such district attorney, and shall be filed in the county clerk's office in the county of Rockland.

e. In the county of Onondaga, it shall be lawful for the district attorney of said county to appoint three stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in the said county of Onondaga, and such appointments shall be in writing under the hand and seal of such district attorney, and shall be filed in the county clerk's office in the county of Onondaga.

f. In the county of Queens, it shall be lawful for the district attorney of said county to appoint three stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in the said county of Queens, and such appointments shall be in writing, under the hand and seal of such district attorney, and shall be filed in the county clerk's office of said county of Queens.

g. In the county of Monroe, it shall be lawful for the district attorney of such county to appoint six stenographers, to be known

*So in original.

as the first, second, third, fourth, fifth and sixth stenographers, each of whom shall have authority to take and transcribe the testimony given before the grand juries in said county of Monroe, and each of whom shall be considered as an assistant to the district attorney and under his direction and control; and authority is further granted to the district attorney of the county of Monroe, if certified to by him, to appoint temporarily grand jury stenographers who shall have the same powers, responsibilities and duties as the first, second, third, fourth, fifth and sixth stenographers, and compensation therefor shall be chargeable to the county of Monroe and within the comparable bracket salary schedules, and such temporary grand jury stenographers shall retain and receive all benefits as the first, second, third, fourth, fifth and sixth stenographers do, including state retirement benefits, Blue Cross and Blue Shield, and all other benefits, the same as the regular stenographers and other public employees.

h. In the county of Westchester it shall be lawful for the district attorney of such county to appoint three stenographers, to be known as the first, second and third stenographer, each of whom, shall have authority to take and transcribe the testimony given before the grand juries in said county of Westchester, and each of whom, shall be considered as an assistant to the district attorney and under his direction and control. Every stenographer so appointed whenever directed by the district attorney, shall have authority to attend upon and take and transcribe the testimony given at coroner's inquests and the examination and trial of criminal cases, which said testimony so taken and transcribed shall be for the exclusive use and benefit of the district attorney, unless otherwise ordered by the court, or otherwise agreed upon by the district attorney. The appointment of a stenographer by said district attorney shall be deemed a revocation of any prior appointment of a stenographer.

§ 2. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law.

CHAPTER 567*

AN ACT to amend the town law, in relation to sewer, drainage or water improvements, and repealing certain provisions thereof relating thereto Became a law June 5, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two hundred nine-q of the town law is hereby repealed, and a new section two hundred nine-q is hereby inserted therein, in lieu thereof, to read as follows:

*NOTE.-Section 209-q of the town law, proposed to be repealed by this act, is essentially identical to section 209-q being added herein with the technicaĺ correction of adding the word "drainage" throughout.

§ 209-q. Sewer, drainage or water improvements. 1. Definition® and application. (a) The terms "sewer improvement" and/or "drainage improvement", as used in this section, shall mean any facility, service, function, activity or physical public betterment which may be provided by the establishment of a sewer district and/or drainage district pursuant to article twelve or twelve-A of this chapter.

(b) The term "water improvement", as used in this section, shall mean any facility, service, function, activity or physical public betterment which may be provided by the establishment of a water district pursuant to article twelve or twelve-A of this chapter.

(c) The powers provided by this section shall be deemed to be in addition to those provided in article twelve or article twelve-A of this chapter and shall not be deemed to limit or supersede any powers provided in either of such articles; provided, however, that nothing in this section shall be deemed to authorize the providing of a sewer, drainage or water improvement in, or the charging of the costs thereof against any area of the town located in any village.

2. Plans, reports and maps. The town board may adopt a resolution appropriating a specific amount to pay the cost of preparing a general plan, report and map for providing a sewer, drainage or water improvement in the area of the town outside of any villages, or in any portion of such area. All such plans, reports and maps shall conform with the requirements of section two hundred nine-c of this chapter. The town board may determine that such plans, reports and maps shall be prepared by or under the supervision of town officers and employees to be designated by the town board, or by persons to be employed for the purpose, or the town board may contract for the preparation thereof within the limitations of the amount appropriated. Except as otherwise provided herein, the expense incurred for the preparation of such plans, reports and maps shall be a charge on the area of the town outside of any villages, and shall be assessed, levied and collected in the same manner as other town charges. If the town board shall thereafter make such sewer, drainage or water improvement, the expense incurred by the town for the preparation of the plans, reports and maps therefor shall be deemed to be part of the cost of such sewer, drainage or water improvement and the town shall be reimbursed for such portion of that amount, if any, which the town board, at the public hearing held pursuant to subdivision three of this section, shall allocate against such benefited area, if any.

3. Hearing. Subsequent to the date of filing of the plan, report and map in the office of the town clerk, as required by section two hundred nine-c of this chapter, the town board may adopt an order and enter the same in the minutes of its proceedings

* So in original.