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Citation: 1950 979 1950

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3011 ]LAWS Or NiEw YoRc, 1950

CHAPTER 300
AN ACT to aniind the penal law, in relation to second and third felony
offenders
Became a law March :10, 1050, witi the apiw'oval of the Governor. Passed,
by a majority vote, three-fifths heing present.
The People of the State of New York, represented in Senate and Assembly,
do enant as follows:
Sclion 1. Section nineteen hundred forty-one of the penal law, Penal
as last amended by chapter seven hundred -of the laws of nine- jit.
teen hundred forty-two, is hereby amended to read as follows: amld.
§ 1941. Punishment for second or third offense of felony. A
person, who, after having been once or twice convicted within
this state, of a felony, of an attempt to commit a felony, or, under
the laws of any other state, government, or country, of a crime
which, if committed within this state, would be a felony, commits
any felony, within this state, is punishahle upon conviction of
such second or third offense, as follows:
If the second or third felony is such that, upon a first convic-
tion, the offender would be punishable by imprisonment for any
term less than his natural life, lhen such person must be sentenced
to imprisonment for an indeterminate term, the minimum of
which shall be not less than one-half of the longest term pre-
scribed upon a first conviction, and the maximum of which shall
be not longer than twice such longest term.'
For purposes of this section, conviction of two or more crimes
charged in separate counts of one indictment or information, or
in two or more indictments or informations consolidated for trial,
shall he deemed to be only one conviction.
§ 2. This act shall take effect immediately and shall apply only
to crimes committed on or after the effvctiv, date of this aet.

CHAPTER 301
AN ACT agreeing with the state of New Jersey with respect to suits against
the Port of New York Authority
Became a lpw' March 30, 1050, with the approval of the Governor. Passed,
hy a majority vote, three-fifths being present
The People of the State of New York, represented in Senate and Assembly,
do canct as follows:
Section 1. Upon the concurrence of the state of New Jersey in Portof
Newv York
accordance with section twelve hereof, the states of New York and Authority.
New Jersey consent to suits, actions or proceedings of any form mot,,id

IWorls "; provided, however, ttni thl nihiiinionn svt i-te inmposid here.
under upon suo.h sevond or third felony offender shall in no vase 1t less itnt
five y,a r; exeept that where the nitxlimunt ptuiinlent, foir nnnieotnd or third
fnilny offendn itereuingler i; tivi, yelars or leaN, ine Inninniutltn senttellep lltlnt
be Inot less I haIn two yeris" oMoit t ll.

HeinOnline -- 1950 979 1950

 LAWS OF NEW YORK, 1950 ICIIAP.

or nature at law, in equity or otherwise (including proceedings to

enforce arbitration agreements) against the Port of New York
Authority (hereinafter referred to as the "port authority"),
and to appeals therefrom and reviews thereof, except as herein-
after provided in sections two through five, inclusive, hereof.
§ 2. The foregoing consent does not extend to suits, actions or
proceedings upon any causes of action whatsoever accruing before
the effective date of this act, other than causes of actions upon, in
connection with, or arising out of notes, bonds or other obligations
or securities secured by a pledge of the general reserve fund of
the port authority.
§ 3. The foregoing consent does not extend to suits, actions or
proceedings upon any causes of action whatsoever, upon, in con-
nection with, or arising out of any contract, express or implied,
entered into or assumed by or assigned to the port authority before
the effective date of this act (including any supplement to, or
amendment, extension or renewal of any such contract, even if such
supplement, amendment, extension or renewal is made on or after
the effective date of this act), regardless of whether such cause of
action accrued before or after that date, other than causes of
action upon, in connection with or arising out of notes, bonds or
other obligations or securities secured by a pledge of the general
reserve fund of the port authority.
§ 4. The foregoing consent does not extend to civil suits, actions
or proceedings for the recovery of statutory penalties.
§ 5. The foregoing consent does not extend to suits, actions or
proceedings for judgments, orders or decrees restraining, enjoin.
ing or preventing the port authority from committing or con-
tinuing to commit any act or acts, other than suits, actions or
proceedings by the lttorney general of New York or by the
attorney general of New Jersey-each of whom is hereby authorized
to bring such suits, actions or proceedings in his discretion on
behalf of any person or persons whatsoever who requests him so
to do except in the cases excluded by sections two, three and four
of this act; provided, that in anY such suit. action or proveedin.
no judgment, order or decree shall be entered except upon at least
two days' prior written notice to the port authority of the pro.
posed entry thereof.
§ 6. The foregoing consent is granted upon the condition that
venue in any suit, action or proceeding against the port authority
shall be laid within a county or a judicial district, established by
one of said states or by the United States, and situated wholly or
partially within the port of New York district. The port authority
shall be deemed to be a resident of each such county or judicial
district for the purpose of such suits, actions or proceedings.
Although the port authority is engaged in the performance of
governmental funetions, the said two states consent to liability on
the part of the port authority in such suits, actions or proceedings
for tortious acts committed by it and its agents to the same extent
as though it were a private corporation.

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301] LAws Op NEW YORK, 1950

§ 7. The foregoing consent is granted upon the condition that

any suit, action or proceeding prosecuted or maintained under this
act shall be commenced within one year after the cause of action
therefor shall have accrued, and upon the further condition that
in the ease of any suit, action or proceeding for the recovery or
payment of money, prosecuted or maintained under this act, a
notice of claim shall have been served upon the port authority by
or on behalf of the plaintiff or plaintiffs at least sixty days before
such suit, action or proceeding is commenced. The provisions of
this section shall not apply to claims arising out of provisions of
any workmen's compensation law of either state.
§ 8. The notice of claim required by section seven hereof shall
be in writing, sworn to by or on behalf of the claimant or claim-
ants, and shall set forth (1) the name and post office address of
each claimant and of his attorney, if any, (2) the nature of the
claim, (3) the time when, the place where and the manner in which
the claim arose, and (4) the items of damage or injuries claimed
to have been sustained so far as then practicable. Such notice may
be served in the manner in which process may be served, or in lieu
thereof, may be sent by registered mail to the port authority at
its principal office. Where the claimant is an infant or is mentally
or physically incapaeitated and by reason of such disability no
notice of claim is filed or suit, action or proceeding commenced
within the time specified in section seven hereof, or where a person
entitled to make a claim dies and by reason of his death no notice
of claim is filed or suit, action or proceeding commenced within
the time specified in section seven hereof then any court in which
such suit, action or proceeding may be brought may in its discre-
tion grant leave to serve the notice of claim and to commence the
suit, action or proceeding within a reasonable time but in any
event within three years after the cause of action accrued. Appli-
cation for such leave must be made upon an affidavit showing the
particular facts which caused the delay and shall be accompanied
by a copy of the proposed notice of claim if such notice has not
been served, and such application shall be made only upon notice
to the port authority.
§ 9. The commissioners, officers or employees of the port authority
shall not be subject to suits, actions or proceedings for judgments,
orders or decrees restraining, preventing or enjoining them in
their official or personal capacities from committing or continuing
to commit any act or acts on behalf of the port authority other
than suits, actions and proceedings brought by the attorney gen-
eral of New York or by the attorney general of New Jersey or by
the port authority itself--ea.h of' said attorneys general being
hereby authorized to bring sitch suits, actions or proceedings in
his discretion on behalf of any person or persons whatsoever who
requests him so to do except in tihe eases excluded by sections two,
three and four of this act; provided, that in any such suit, action
or proeeding brought by either attorney general, no judgment
order or decree shall be entered except upon at least two days
notice to the defendant of the proposed entry thereof.

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 LAws or NEw YoRK, 1950 [CH AP.
§ 10. Nothing herein contained shall be deemed to revoke, rescind
or affect any consents to suits, actions or proceedings against the
port authority heretofore given by the two said states in chapter
eight hundred two of the laws of New York of nineteen hundred
forty-seven, as amended, and chapter forty-three of the laws of
New Jersey of nineteen hundred forty-seven, as amended; chapter
six hundred thirty-one of the laws of New York of nineteen hun-
dred forty-seven, as amended; chapter forty-four of the laws of
New Jersey of nineteen huhndrd forty-seven, 11 amehded, and
chapter five hundred thirty-foi'r of the laws (of New York of nine-
teen hundred forty-eight and (.lapter ninety-seven of the laws of
Now Jersey of nineteen hundred forty-eight.
§ 11. This act together with the act of the state of New Jersey
concurring herein in accordance with section twelve hereof, shall
constitute an agreement between the states of New York and New
Jersey supplementary to and amendatory of the compact between
the two said states dated April thirtieth, nineteen hundred
twenty-one.
§ 12. This act shall take effect upon the enactment into law by
the state of New Jersey of legislation having an identical effect
with the provisions of this act; but if the state of New Jersey shall
have already enacted such legislation, then this act shall take
effeet immediately.

CHAPTER 302
AN ACT to amend the mintai hygiene law, In relation to the creation of a
council in the department of mental hygiene to consider matters pertaining
to the state mental hygiene progrnam and to advise tie commissioner of
mental hygiene
Became a law March 30, 1960, with the approval of the Governor. Passed,
by a majority vote, three-fifths being present
7'he People of the State of New York, rcprcseuted in Senate and Assembly,
do enact as follows:
Men Section 1. The mental hygiene
thereto a new section, to be sectionlaw is hereby amended by adding
l,. three-h, to read as follows:
nlew
I -b. § 3-h. Mental hygiene council. 1. There is hereby created and
dded. established a council in the department of mental hygiene, to be
known as the mental hygiene council, to consist of the commissioner
of mental hygiene and ten members hereinafter called the appointive
members, to be appointed by the governor, of whom at least six shall
be physicians with a minimum of five years experience after medical
internship. Of the physicians so appointed, two shall be skilled in
the practice of psychiatry, one in the practice of hospital adminis-
tration, one in the practice of pedliatries, one in the practice of
internal medicine and one in the field of public health education.
The governor shall designate one of the members of the council as
chairman anl one as vice-chairmnn.
2. The terni of office of each appointive member of the council
shall be for six years provided, however, that of the members first

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