§ 75. Certain county, city, town and village employees entitled to membership in the state employees' retirement system.-On and after June thirtieth, nineteen hundred and twenty-two, any officer or employee of any county or city of the state of New York, and on and after June thirtieth, nineteen hundred and twenty-three, any officer or employee of any town or village of the state of New York, except such employees as are now eligible to participate in a retirement system wholly or partly maintained at the expense of a county, city, town or village of the state of New York, shall be entitled to membership in the New York state employees' retirement system as provided by article four of this chapter and subsequent amendments thereto. Provided that the officers and employees of any county shall not be included in the state employees' retirement system without the approval of the board of supervisors of any such county, and that the officers and employees of any city shall not be included in the state employees' retirement system without the approval of the local legislative body and the board of estimate and apportionment, or other body having like functions or powers, if there is no board of estimate and apportionment, and that the officers and employees of any town be included in the state employees' retirement system without the approval of the town board, and that the officers and employees of any village shall not be included in the state employees' retirement system without the approval of the board of trustees. (Added by L. 1922, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

shall not

§ 76. Membership in state system.-Membership in the system shall be optional with all county and city employees in service on June thirtieth, nineteen hundred and twenty-two, and any such employees who elect to join the retirement system on or before June thirtieth, nineteen hundred and twenty-three, shall be entitled to a prior service certificate covering service prior to June thirtieth, nineteen hundred and twenty-two, and membership in the system shall be optional with all town and village employees in service on June thirtieth, nineteen hundred and twenty-three, and any such employees who elect to join the retirement system on or before June thirtieth, nineteen hundred and twenty-four, shall be entitled to a prior service certificate covering service prior to June thirtieth, nineteen hundred and twenty-three, all in the same manner as provided under the provisions of paragraph five of section fifty-three of this chapter. Any member of the New York state employees' retirement system shall be entitled to credit in a prior service certificate for all services as now provided by paragraph five of section fifty-three of this chapter and in addi

$$ 77, 78.

Retirement in municipal service.

L. 1923, ch. 708.

tion he shall be credited in his prior service certificate with any service rendered in the past, which if rendered after this article takes effect, would have entitled him to membership in the New York state employees' retirement system. Membership shall be complusory on all employees entering the service of such counties, cities, towns or villages if membership would have been compulsory had they entered the state service in similar positions. For the purposes of this article, laborers in the counties, cities, towns and villages shall be considered to be in the exempt class of the classified service. (Added by L. 1922, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

§ 77. Duties of certain fiscal officers.-The chief fiscal officer of such county, city, town or village shall submit to the comptroller of the state of New York such information and shall cause to be performed in respect to each of the employees of said county, city, town or village such duties as would be performed in the state service by the head of a department of the state employing members of the retirement system. (Added by L. 1922, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

§ 78. Duties of actuary.-Contributions to funds. The actuary of the state retirement system shall compute the rates of contribution payable by members who are county, city, town or village employees in the same manner as if they were state employees and shall compute the contributions which would be payable annually by the state on behalf of such members as though they were state employees. The contributions so computed shall be certified by the state comptroller to the chief fiscal officer of each county, city, town or village. The amounts which would be payable by the state on account of such county, city, town or village employees. if they were state employees, including a pro-rata share of the cost of the administration of the retirement system, based upon the payroll of the employees of the county, city, town or village shall be a charge against the county, city, town or village. An item of the amount certified by the comptroller shall be included in the next budget subsequent to the certification by the comptroller and levied and collected in the same manner as any other taxes are levied and collected. The county treasurer or corresponding officer of any city, town or village shall pay to the state comptroller the amount of such county, city, town or village charges so certified, and the amount of the deductions from the compensation of members who are employees of the county, city, town or village and the state comptroller shall credit such amounts to the appropriate fund, funds, account or accounts of the New York state employees' retirement system. (Added by L. 1922, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

§ 79. Retirement benefits.-Employees of the counties, cities, towns or villages on behalf of whom contributions are so paid shall be entitled to

Cross references.

benefits under the New York state employees' retirement system as though they were state employees. (Added by L. 1923, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

§ 80.

Creation of new retirement systems forbidden.-No county, city, town or village shall hereafter create any officers' or employees' retirement system. (Added by L. 1922, ch. 591, and amended by L. 1923, ch. 708, in effect May 25, 1923.)

Article 5, §§ 100, 101, renumbered art. 6 by L. 1922, ch. 591.

CLAIMS AGAINST STATE.

See Court of Claims.

COAL.

See Fuel Administrator. Sale; Farms and Markets L., §§ 222–228.

COAL JIMMIES.

Regulations; Railroad L., § 78.

COCAINE.

Sale, Penal L., § 1746.

COKE.

See Fuel Administrator. Sale; Farms and Markets L., §§ 222, 223, 225–228.

COLD STORAGE.

Regulations; Farms and Markets L., §§ 230-243.

COLLEGES.

See Education Law.

COMFORT ROOMS.

In towns; Town L., § 136-c.

COMMERCIAL FEEDING STUFFS.

Sale and analysis; Farms and Markets L., §§ 128-135.

COMMERCIAL FERTILIZERS.

Sale and analysis; Farms and Markets L., §§ 143-147.

COMMISSIONERS OF DEEDS.

See Notaries Public.

CONDEMNATION LAW.

(L. 1920, ch. 923.).

Renumbered chapter seventy-three of the consolidated laws (formerly ch. 71.), by L. 1921, ch. 150.

§§ 3-13.

Service of petition and notice.

L. 1923, ch. 245.

§ 3. Application of this chapter.

The rule that a public body may not institute proceedings under the Condemnation Law to condemn property which it claims to own, is not operative as against the state in its appropriation of lands for canal terminal uses. Miller v. Walsh (1921), 114 Misc. 430, 186 N. Y. Supp. 636.

§ 5. Notice to be annexed to petition: service.

Service and notice of presentation of petition sufficient. Matter of Board of Education v. Robinson (1922), 119 Misc. 496, 196 N. Y. Supp. 554.

§ 6. Service of petition and notice.-Service of the petition and notice must be made in the same manner as the service of a summons in an action in the supreme court is required to be made, and all the provisions of article twenty-five of the civil practice act which relate to the service of a summons, either personally or in any other way, and the mode of proving service, shall apply to the service of the petition and notice, except that in a proceeding in which publication is made in newspapers there may be attached to the notice in lieu of the petition, a statement of the object of the proceeding and a brief description of the real property sought to be acquired. If the defendant has an agent or attorney residing in this state, authorized to contract for the sale of the real property described in the petition, service upon such agent or attorney will be sufficient service upon such defendant. In case the defendant is an infant of the age of fourteen years or upwards, a copy of the petition and notice shall also be served upon his general guardian, if he has one; if not, upon the person with whom he resides. (Amended by L. 1923, ch. 245, in effect April 19, 1923.)

Service without state.-Section 235 of the Civil Practice Act, which provides that where a complaint demands judgment that the defendant "be excluded from a vested and contingent interest in" specific real property "or otherwise affecting the title to such property" the summons and complaint may be served without an order of publication upon the defendant without the state, applies to a petition in condemnation proceedings. In a condemnation proceeding to acquire, for school purposes, the title of real property owned by non-residents, an order that service of the petition and notice of the presentation thereof be made upon the defendants "personally without the state" is unnecessary and may be treated as surplusage. Matter of Board of Education v. Robinson (1922), 119 Misc. 496, 196 N. Y. Supp. 554.

§ 9. Answer: what to contain.

Defect of failure to file map required by Transportation Corporations Law, section 83, was properly raised by general denial under this section of the Condemnation Law. Old Homestead Water Co. v. Treyz (1922), 202 App. Div. 98, 195 N. Y. Supp. 723.

§ 13. Judgment; costs when to defendent; commissioners.

The words "disinterested" and "competent freeholders" as used in the Highway Law (§ 151) and in the General Condemnation Law (Code Civ. Pro. § 3369),

L. 1922 ch. 221.

Duties and powers of commissioners.

§§ 14, 16, 24.

in their provisions for the appointment of commissioners of appraisal in condemnation proceedings, mean a disinterestedness and a competency like that of a juror or a judge, and, therefore, in such a proceeding, brought by a county, an owner of realty and a taxpayer therein is a disinterested person and qualified to act as such commissioner. County of Orange v. Storm King Stone Co. (1920), 229 N. Y. 460, 128 N. E. 677, revg. 191 App. Div. 329, 181 N. Y. Supp. 660.

§ 14. Duties and powers of commissioners.-The commissioners shall take and subscribe the constitutional oath of office. Any of them may issue subpoenas and administer oaths to witnesses; a majority of them may adjourn the proceeding before them, from time to time, in their discretion. Whenever they meet, except by appointment of the court or pursuant to adjournment, they shall cause at least eight days' notice of such meeting to be given to the defendants who have appeared, or their agents or attorneys. They shall view the premises described in the petition, and hear the proof and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony in each case is closed, they, or a majority of them, all being present, shall, without unnecessary delay, ascertain and determine the compensation which ought justly to be made by the plaintiff to the owners of the property appraised by them; and, in fixing the amount of such compensation, they shall not make any allowance or deduction on account of any real or supposed benefits which the owners may derive from the public use for which the property is to be taken, or the construction of any proposed improvement connected with such public use. But in case the plaintiff is a railroad corporation and such real property shall belong to any other railroad corporation, the commissioners on fixing the amount of such compensation, shall fix the same at its fair value for railroad purposes. They shall make a report of their proceedings to the supreme court with the minutes of the testimony taken by them, if any; and they shall each be entitled to compensation not exceeding twenty-five dollars for services for every day they are actually engaged in the performance of their duties, and their necessary expenses to be paid by the plaintiff as may be awarded by the court. (Amended by L. 1922, ch. 221, in effect March 24, 1922.)

§ 16. Offer to purchase; costs; additional allowance.

Trial fee.

-Under section 3372 of the Code of Civil Procedure the attorneys for

the different owners whose property is taken in the condemnation proceedings are entitled to a trial fee of thirty dollars as for a trial of an issue of fact and an additional ten dollars where the trial occupied more than two days. Matter of Williams (1920), 112 Misc. 153, 182 N. Y. Supp. 267.

§ 24. Temporary possession pending proceedings. When it appears to the satisfaction of the court at any stage of proceedings that the public interests will be prejudiced by delay, it may direct that the plaintiff be permitted to enter immediately upon the real property to be taken, and devote it temporarily to the public use specified in the petition, upon the deposit with the court of a sum to be fixed by the court upon a notice