Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE A. GOVERNOR'S OFFICE
CHAPTER I. EXECUTIVE ORDERS
PART 5. EXECUTIVE ORDERS (GEORGE E. PATAKI)
Date:
08/31/2009
Document:
§ 5.113.13 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;
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, for the period from the date of this Executive Order until further notice, the following laws:
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
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