Costs. Proceed ings to be informal. the party at whose instance the summons or subpoenas are issued, L. 1909, ch. 47, $472, subd. 4, added. CHAPTER 450 AN ACT to amend the correction law, in relation to payment of death or disability benefits to a person under both the retirement system of the department of correction and the workmen's compensation law Became a law April 24, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section four hundred and seventy-two of chapter forty-seven of the laws of nineteen hundred nine, re-entitled by chapter two hundred and forty-three of the laws of nineteen hundred twenty-nine "An act in relation to the correction and deten tion of persons in the state correctional institutions, constituting chapter forty-three of the consolidated laws," such section having been thus renumbered by such chapter two hundred and fortythree of the laws of nineteen hundred twenty-nine and last amended by chapter four hundred and sixty of the laws of nineteen hundred thirty-one, is hereby amended by adding thereto at the end thereof a new subdivision, to be subdivision four, to read as follows: industrial cases. 4. Before a benefit shall be awarded under this section on account State of the disability or death of a person who also is covered by the pro- board to visions of the workmen's compensation law, there shall be an review all adjudication of his case under the provisions of such law by the state industrial board, except that if the maximum payment under the workmen's compensation law would, in any event, be less than the full benefit under this section, the comptroller may authorize payment of all or part of such excess pending such adjudication. by the state industrial board. Any amounts paid or payable under the provisions of the workmen's compensation law to such person or to the dependents of such person on account of any disability or death shall be offset against and payable in lieu of any benefits payable under the provisions of this article on account of such person because of such disability or death, except that the cost of medical treatment and care of injured employees provided under section thirteen of the workmen's compensation law shall not be deducted from any benefits under the provisions of this article. § 2. This act shall take effect immediately. CHAPTER 451 AN ACT to amend the civil service law, in relation to payment of both pension and compensation benefits to members of the New York state employees' retirement system Became a law April 24, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 15, Section 1. Section sixty-seven of chapter fifteen of the laws L. 1909, of nineteen hundred nine, entitled "An act in relation to the § 67, civil service of the state of New York and the civil divisions and amended. cities thereof, constituting chapter seven of the consolidated laws," as added by chapter seven hundred forty-one of the laws of nineteen hundred twenty and last amended by chapter six of the laws of nineteen hundred thirty-two, is hereby amended to read as follows: § 67. Payment of both pensions and other benefits prohibited. AdjudicaAny person claiming a benefit under the retirement law on account of an accidental death or an accidental disability occurring in the required performance of duty relative to a member covered by the work- payment. tion of cases before men's compensation law, must obtain an adjudication of his case by the state industrial board under the workmen's compensation law, before he can be awarded the full benefit under the retirement system, except that if the maximum payment under the workmen's compensation law would, in any event, be less than the full benefit under the retirement law, the comptroller may authorize payment of all or part of such excess pending such adjudication by the state industrial board. Any amounts paid or payable under the provisions of the workmen's compensation law to any member of the retirement system, or to the dependents of such a member, on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds wholly provided by the state of New York under the provisions of this article on account of such member because of such disability or death, except that the cost of medical treatment and care of injured employees provided under section thirteen of the workmen's compensation law shall not be Deductions. deducted from retirement allowances or other benefits under the provisions of this act. Any such deductions heretofore made shall be refunded or adjusted. In case the present value of the total commuted benefits under the workmen's compensation law is less ible from than the pension reserve on the benefits otherwise payable from funds wholly provided by the state of New York under this article, than the present value of the commuted payments under the workmen's compensation law shall be deducted from said pension reserve, and such benefits as may be provided by the pension reserve so reduced shall be payable under the provisions of this article. Payment under com law deduct pension payments. § 2. This act shall take effect immediately. L. 1909, ch. 32, 174-8. inserted. CHAPTER 452 AN ACT to amend the mental hygiene law, in relation to payment of benefits from the state hospital system retirement fund and under the workmen's compensation law Became a law April 24, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter thirty-two of the laws of nineteen hundred nine, re-entitled by chapter four hundred and twenty-six of the laws of nineteen hundred twenty-seven "An act relating to the insane, mental defectives and epileptics, constituting chapter twenty-seven of the consolidated laws," is hereby amended by inserting therein a new section, to be section one hundred and seventy-four-a, to read as follows: So in original [evidently should be "then"]. § 174-a. Payment of both pensions and other benefits prohibited. Any person claiming a benefit from the retirement fund provided for by this article on account of an accidental death or an accidental disability occurring in the performance of duty relative to an employee in the state hospital system covered by the workmen's compensation law, must obtain an adjudication of his case by the state industrial board under the workmen's compensation law, before he can be awarded the full benefit under such retirement fund, except that if the maximum payment under the workmen's compensation law would, in any event, be less than the full benefit under such retirement fund, the comptroller may authorize payment of all or part of such excess pending such adjudication by the state industrial board. Any amounts paid or Deductions. payable under the provisions of the workmen's compensation law to any person contributing to or entitled to the benefits of such retirement fund, or to the dependents of such a person, on account of any disability or death, shall be offset against and payable in lieu of any benefits payable out of funds wholly provided by the state of New York under the provisions of this article on account of such person because of such disability or death, except that the cost of medical treatment and care of injured employees provided under section thirteen of the workmen's compensation law shall not be deducted from retirement allowances or other benefits under the provisions of this article. Any such deductions heretofore made shall be refunded or adjusted. In case the present value of the total commuted benefits under the workmen's compensation law is less than the pension reserve on the benefits otherwise payable from funds wholly provided by the state of New York under this article, then the present value of the commuted payments under the workmen's compensation law shall be deducted from said pension reserve, and such benefits as may be provided by the pension reserve so reduced shall be payable under the provisions of this article. § 2. This act shall take effect immediately. CHAPTER 453 AN ACT to amend the county law, in relation to the destruction of obsolete documents and records in the office of the register of the county of Bronx Became a law April 24, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 259-g, Section 1. Section two hundred fifty-nine-g of chapter sixteen L. 1909, of the laws of nineteen hundred nine, entitled "An act in relation ch.16 to counties, constituting chapter eleven of the consolidated laws," amended. as added by chapter six hundred of the laws of nineteen hundred twenty-five, is hereby amended to read as follows: Bronx county register authorized to destroy obsolete documents after six years. § 259-g. Destroying obsolete documents and records. The register is authorized in his discretion to destroy any or all chattel mortgages, chattel mortgage indices, chattel mortgage and conditional sale block indices, bills of sales, conditional bills of sale affecting real or personal property, or other filed instruments affecting chattels on file in his office after the expiration of six years from the date of filing, and any daily index or tickler more than two years old and which has been replaced by permanent block and alphabetical indices, as provided for in sections two hundred fifty-eight-k and two hundred fifty-eight-p of this article. § 2. This act shall take effect immediately. L. 1909, "Adoption" defined. Who may adopt whom. CHAPTER 454 AN ACT to amend the domestic relations law, in relation to adoption Became a law April 24, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and ten of chapter fourteen of the laws of nineteen hundred nine, entitled "An act relating to the domestic relations statute, chapter fourteen of the consolidated laws," as last amended by chapter three hundred and fourteen of the laws of nineteen hundred twenty-nine, is hereby amended to read as follows: § 110. Definitions; effect of article. Adoption is the legal act whereby an adult person takes another adult person or a minor into the relation of child and thereby acquires the rights and incurs the responsibilities of parent in respect to such adult or minor. Hereafter, in this article, the person adopting is designated the "foster parent." A voluntary adoption is any other than that of a destitute or/and dependent child, or one who is a public charge from an "authorized agency,' " orphan asylum or charitable institution. "Lawful custody" in this article shall mean "custody" pursuant to and in compliance with expressed provisions of statute law. An adult unmarried person, or an adult husband and his adult wife, together, may adopt a person of the age of twenty-one years and upwards or a minor in pursuance of this article; and an adult husband or an adult wife also may adopt the natural child of the other spouse, of the age of twenty-one years and upwards or a minor, in pursuance of this article; and a grandparent may adopt a grandchild of the age of twenty-one years and upwards or a minor in pursuance of this article; and no child shall hereafter be adopted except in pursuance thereof. Proof of the lawful adoption of a person of the age of twenty-one years |