action or proceeding pending in such court, the fees allowed to a sheriff for similar services. In the absence, disability or disqualification of the marshall, the judge may designate an acting marshall to discharge such duties. A patrolman of the city police department may be so designated but the fees received by him shall be remitted by the judge to the city chamberlain. The city judge may appoint, and at pleasure remove, such probation officers as he may deem necessary or expedient. Such officers, however, shall act without compensation except when specifically authorized by the common council.

8. Vacancies; how filled. Whenever a vacancy shall occur in the office of city judge except by the expiration of the term of office, it shall be filled by the mayor, which appointment shall be confirmed by the common council, until the first day of January next succeeding the first general election at which the vacancy can be filled for the balance of the unexpired term, if any.

9. Employees; other duties. In addition to the duties herein prescribed, the officers and employees of the court shall perform such other duties as they are directed to perform by the city judge.

10. Expenses. The common council shall provide suitable rooms, light, heat, furnishings, necessary books and supplies for the use of the court and shall provide for the payment of salaries and compensation of the city judge, acting city judge and employees of the court and for whatever may be necessary for the transaction of its business.

11. Pending actions and proceedings. No civil or criminal action or other proceeding which is pending before such court or the judge thereof, at the time of reorganization of such court, shall abate or be anywise affected by the passage of this act, and all such actions and proceedings so pending are continued before the city court of the city of Ithaca.

12. Saving clause; separability. Nothing contained in this act shall be construed to repeal any statute of the state, ordinance or local law of the city or rules of the court, not inconsistent with the provisions of this act, and the same shall remain in full force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the provisions. If any provision of this act shall be held invalid or ineffective in whole or in part, it is the purpose and intent of this act that all other provisions thereof shall nevertheless be separably and fully effective.

§ 2. Chapter four hundred fifteen of the laws of nineteen hundred thirty-one, entitled, "An Act in relation to the city court of the city of Ithaca, its judges and officers", and all acts amendatory thereto, are hereby repealed.

3. This act shall take effect immediately.

CHAPTER 575

AN ACT to amend the public authorities law, in relation to and for the purpose of enabling the dormitory authority to construct and finance dormitories, including all necessary and usual attendant related facilities and equipment, for Benedictine Hospital, a non-profit corporation authorized to carry out the programs of such hospital

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. Subdivision two of section sixteen hundred seventysix of the public authorities law, as last separately amended by chapters two hundred eighty-six, three hundred thirty-seven, three hundred sixty-nine, four hundred forty-five, four hundred sixtyeight, five hundred twenty, five hundred thirty-nine, five hundred forty-one, five hundred fifty, seven hundred twenty-four, seven hundred eighty-five and eight hundred nine of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

2. The term "dormitory" shall mean: (a) a housing unit, including an emergency temporary dormitory constructed pursuant to section sixteen hundred seventy-nine of this title, or any other emergency temporary housing operated by the authority, including all necessary and usual attendant and related facilities and equipment, acquired, designed, constructed, reconstructed, rehabilitated and improved, or otherwise provided under the jurisdiction of the dormitory authority for the use of students at a state-operated institution or statutory or contract college under the jurisdiction of the State University of New York, as defined in section three hundred fifty of the education law; (b) a housing unit for the use of students, married students, faculty, staff and the families of such married students, faculty and staff, an academic building, administration building, library, laboratory, classroom, health facility or other building or structure essential, necessary or useful in the academic, cultural, health or research program, including all necessary and usual attendant and related facilities and equipment, acquired, designed, constructed, reconstructed, rehabilitated and improved, or otherwise provided under the jurisdiction of the dormitory authority, at any institution for higher education located in this state and authorized to confer degrees by law or by the board of regents, other than a state-operated institution or statutory or contract college under the jurisdiction of the State University of New York, as defined in section three hundred fifty of the education law, or at any non-profit institution or hospital at which the training of nurses is provided by a program approved by the department of education of the state of New York, or for the New York Academy of Sciences, or for the Lincoln Center for the Performing Arts, Incorporated, or for the Center for the

Arts at Ithaca, Incorporated, a non-profit corporation authorized to provide facilities for and programs of the performing and fine arts, or for the Affiliated Colleges and Universities, Inc., a non-profit corporation, authorized to develop a program of teaching and research in the field of the ocean sciences, or for the Brookdale Hospital Center, or for Albany Medical Center Hospital, or for St. Vincent's Hospital and Medical Center of New York, or for Mount Vernon Hospital, or for Highland Hospital of Rochester, Incorporated, or for the Onondaga County Historical Museum, or for Columbia Memorial Hospital, or for St. Peter's Hospital of the city of Albany, or for the department of health of the state of New York, or for Geneva General Hospital, or for Optometric Center of New York, or for the Brookhaven Memorial Association, Incorporated, doing business as the Brookhaven Memorial Hospital, or for Calvary Hospital, Inc., or for the improvement and modernization of the Dazian and Silver buildings of the Beth Israel Medical Center and the vertical expansion above the said Silver Building located between East sixteenth and East. seventeenth streets and between First Avenue and Nathan D. Perlman Place in New York City; nothing in the foregoing shall be deemed to authorize the said Beth Israel Medical Center to apply any funds or credit obtained pursuant to this act toward the development of any other property or properties it presently owns or controls or may own or control in the future, Our Lady of Lourdes Memorial Hospital, Inc., or for St. Francis Hospital, Poughkeepsie, or for The Staten Island Hospital, Carthage Area Hospital, Inc., or for the Mount Sinai Hospital, or for the Hospital for Joint Diseases and Medical Center[], or the Catholic Medical Center of Brooklyn and Queens, Incorporated, or for the Clifton Springs Sanitarium Company, or for Benedictine Hospital; (c) a laboratory, which may include academic facilities, together with all necessary and usual attendant and related facilities and equipment, erected for rental to the state of New York or the government of the United States of America for research, laboratory or other related operations at any institution for higher education. located in this state, and authorized to confer degrees by law or by the board of regents, other than a state-operated institution. or statutory or contract college under the jurisdiction of the State University of New York, as defined in section three hundred fifty of the education law; (d) a board of cooperative educational services school facility, any building, library, laboratory, classroom or other building or structure essential, necessary or useful for instruction in a program of any board of cooperative educational services and located in the state of New York; and (e) a facility for the department of correctional services;

2. Subdivision one of section sixteen hundred eighty of such law, as last separately amended by chapters two hundred eightysix, three hundred thirty-seven, three hundred sixty-nine, four hundred forty-five, four hundred sixty-five, four hundred sixtyeight, five hundred twenty, five hundred thirty-nine, five hundred forty-one, five hundred fifty, seven hundred twenty-four, seven

hundred eighty-five and eight hundred nine of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

1. For all purposes of this section sixteen hundred eighty, the term "educational institution" shall mean any of the following: any institution for higher education, other than a state-operated institution or statutory or contract college under the jurisdiction of State University of New York, as defined in section three hundred fifty of the education law, located in this state, and authorized to confer degrees by law or by the board of regents; any non-profit institution or hospital at which the training of nurses is provided by a program approved by the department of education of the state of New York; the New York Academy of Sciences; the Lincoln Center for the Performing Arts, Incorporated; the Center for the Arts at Ithaca, Incorporated, a non-profit corporation authorized to provide facilities for and programs of the performing and fine arts; the Affiliated Colleges and Universities, Inc., a non-profit corporation authorized to develop a program of teaching and research in the field of ocean sciences; the Brookdale Hospital Center to provide facilities for and programs of such hospital center; Albany Medical Center Hospital to provide facilities for and programs of such medical center hospital; St. Vincent's Hospital and Medical Center of New York to provide facilities for and programs of such hospital and medical center; Mount Vernon Hospital to provide facilities for and programs of such hospital; the Onondaga County Historical Museum; the department of health of the state of New York to provide facilities for and programs of such department; Columbia Memorial Hospital; Highland Hospital of Rochester, Incorporated, to provide facilities for and programs of such hospital; St. Peter's Hospital of the city of Albany to provide facilities for and programs of such hospital; Geneva General Hospital to provide facilities for and programs of such hospital; Optometric Center of New York to provide facilities for and programs of such center and related health programs; the health and mental hygiene facilities improvement corporation to provide facilities for the department of correctional services of the state of New York; the Brookhaven Memorial Association, Incorporated, doing business as Brookhaven Memorial Hospital to provide facilities for and programs of such hospital; and Calvary Hospital, Inc., to provide facilities for and programs of such hospital; a local sponsor as defined by subdivision three of section sixty-three hundred one of the education law, or with respect to community colleges in the city of New York, the board of higher education or the board of education, as the case may be; Beth Israel Medical Center to provide facilities for and programs of such medical center; Our Lady of Lourdes Memorial Hospital, Inc., to provide facilities for and programs of such hospital and health center; and St. Francis Hospital, Poughkeepsie to provide facilities for and programs of such hospital; The Staten Island Hospital to provide

facilities for and programs of such hospital; Carthage Area Hospital, Inc., to provide facilities for and programs of such hospital; the Mount Sinai Hospital to provide facilities for and programs of such hospital; the Hospital for Joint Diseases and Medical Center to provide facilities for and programs of such hospital; the Catholic Medical Center of Brooklyn and Queens, Incorporated to provide facilities for and programs of such center and affiliated hospitals [and]; The Clifton Springs Sanitarium Company; and Benedictine Hospital to provide facilities for and programs of such hospital.

§3. Paragraph a of subdivision two of section sixteen hundred eighty of such law, as last separately amended by chapters two hundred eighty-six, three hundred thirty-seven, three hundred sixty-nine, four hundred forty-five, four hundred sixty-eight, five hundred twenty, five hundred thirty-nine, five hundred forty-one, five hundred fifty, seven hundred twenty-four, seven hundred eighty-five and eight hundred nine of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

a. The dormitory authority is hereby authorized and empowered upon application of the institution concerned to acquire, design, construct, reconstruct, rehabilitate and improve, or otherwise provide and furnish and equip dormitories and attendant facilities for any of the following: educational institutions within the state of New York, other than state-operated institutions and statutory or contract colleges under the jurisdiction of the State University of New York; any non-profit institution or hospital at which the training of nurses is provided by a program approved by the department of education of the state of New York; the New York Academy of Sciences; the Lincoln Center for the Performing Arts, Incorporated; the Center for the Arts at Ithaca, Incorporated, a non-profit corporation authorized to provide facilities for and programs of the performing and fine arts; the Affiliated Colleges and Universities, Incorporated, a non-profit corporation authorized to develop a program of teaching and research in the field of ocean sciences; rental to the state of New York or the government of the United States of America for research, laboratory or other related operations; the Brookdale Hospital Center to provide facilities for and programs of such hospital center; Albany Medical Center Hospital to provide facilities for and programs of such medical center hospital; St. Vincent's Hospital and Medical Center of New York to provide facilities for and programs of such hospital and medical center; Mount Vernon Hospital to provide facilities for and programs of such hospital; the Onondaga County Historical Museum; the department of health of the state of New York to provide facilities for and programs of such department including the construction, reconstruction, improvement or rehabilitation of the New York State Rehabilitation Hospital at West Haverstraw; Columbia Memorial Hospital to provide facilities for and programs of such hospital; Highland Hospital of Rochester, Incorporated, to provide facilities for and