Section 3554. General powers of the corporation  


Latest version.
  • Except as limited by this
      title, the public  health  law,  the  mental  hygiene  law,  the  social
      services law, the education law, the civil practice law and rules or any
      other applicable law or regulation, the corporation shall have power:
        1.  to  sue and be sued and to participate in actions and proceedings,
      whether judicial, administrative, arbitrative or otherwise  and,  except
      as  is  otherwise  provided  in  subdivision four of section thirty-five
      hundred sixty-one  of  this  title,  the  court  of  claims  shall  have
      exclusive  jurisdiction in all actions against the corporation for money
      damages;
        2. to have a corporate seal, and to alter such seal at  pleasure,  and
      to  use  it  by  causing it or a facsimile to be affixed or impressed or
      reproduced in any other manner;
        3. to purchase, receive, take  by  grant,  gift,  devise,  bequest  or
      otherwise,  lease, or otherwise acquire, own, hold, improve, employ, use
      and otherwise deal in and  with,  real  or  personal  property,  or  any
      interest therein, wherever situated;
        4.  to  purchase,  take, receive, subscribe for, or otherwise acquire,
      own, hold, vote, employ,  sell,  lend,  lease,  exchange,  transfer,  or
      otherwise  dispose  of,  mortgage, pledge, use and otherwise deal in and
      with, bonds and  other  obligations,  shares,  or  other  securities  or
      interests  issued  by  others,  whether  engaged in similar or different
      business, governmental, or other activities;
        5. to accept subventions from other persons or any unit of government;
        6. to sell, convey, lease, exchange, transfer or otherwise dispose of,
      or mortgage or pledge, or create a security interest in, all or  any  of
      its  property,  or  any  interest  therein, wherever situated, upon such
      terms and conditions  and  in  such  manner  as  the  corporation  shall
      determine;
        7. to make capital contributions to other not-for-profit corporations;
        8.  (a)  to  offer  participation  in  the  New  York  state and local
      employees' retirement system for all its officers and employees, and  to
      establish  and  carry  out other retirement plans authorized pursuant to
      the retirement and social security law, which may be offered to  all  of
      its  officers  and employees not participating in the New York state and
      local employees' retirement systems, and  to  establish  and  carry  out
      other  incentive and benefit plans, trusts and provisions for any or all
      of its officers and employees, subject to the applicable  provisions  of
      article  fourteen  of the civil service law; (b) provided, further, that
      employees of the corporation established pursuant to section thirty-five
      hundred fifty-three of this article  who  are  division  and  department
      chairpersons holding scientific degrees, scientific faculty members such
      as assistant members, associate members, members, distinguished members,
      or  who have graduate faculty status at the level of assistant professor
      or above at the Roswell Park graduate division of the  state  university
      of  New  York  at  Buffalo and as certified by the dean of the division,
      facility directors, and those  employees  who  are  in  titles  such  as
      president  and  chief  executive  officer,  senior  vice president, vice
      president, assistant vice  president,  general  counsel,  and  executive
      director,  and who are eligible to participate in the New York state and
      local employees' retirement system may elect, within ninety days of  the
      effective  date  of  this  paragraph  or  within ninety days of becoming
      eligible to participate in such system, in lieu of participating in such
      system, to participate in the optional retirement program  available  to
      employees  of  the  state  university  of  New  York pursuant to article
      eight-B of the education law, subject to the  terms  and  conditions  of
      that article and to the provisions of the retirement and social security
      law;
    
        9.  to  be  a promoter, partner, member, associate or manager of other
      not-for-profit activities or business enterprises or ventures, or to the
      extent permitted in any other jurisdiction  to  be  an  incorporator  of
      other corporations of any type or kind;
        10.  except  as limited by state law or regulation, to fix, compromise
      and collect rates, rentals, fees, lease payments and other  charges  for
      the  services  rendered  by  it  or  for  use  of  the facilities owned,
      controlled or administered by, or in the exercise of the powers of,  the
      corporation;
        11.  to  make contracts, give guarantees and incur liabilities, borrow
      money at such rates of interest as the corporation may determine,  issue
      notes, bonds and other obligations, and secure any of its obligations by
      mortgage  or  pledge  of  all  or  any  of  its property or any interest
      therein, wherever situated;
        12. to issue bonds for any of its corporate purposes or its  projects,
      or  to  refund  the  same,  and to provide for the rights of the holders
      thereof;
        13. to lend money, invest and reinvest its funds, and  take  and  hold
      real  and  personal  property  as  security  for the payment of funds so
      loaned or invested;
        14. to conduct the activities of the corporation and have offices  and
      exercise  the powers granted by this title in any jurisdiction within or
      without the United States;
        15. to appoint such officers, employees and agents as the  corporation
      may require for the performance of its duties and, subject to applicable
      provisions  of agreements negotiated pursuant to article fourteen of the
      civil service law, to fix and determine  their  qualifications,  duties,
      and compensation;
        16.  to  retain or employ counsel, auditors, and engineers, subject to
      applicable provisions  of  agreements  negotiated  pursuant  to  article
      fourteen  of  the  civil  service  law  where  appropriate  and, private
      consultants on a contract basis or otherwise for rendering professional,
      management or technical services and advice;
        17. to make, adopt, amend, enforce and repeal rules for its governance
      and internal management and  personnel  practices,  subject  to  article
      fourteen of the civil service law, where applicable;
        18.  to  make  and  alter by-laws for its organization and management,
      and, subject to agreements with its bondholders, to make and alter rules
      and regulations governing the exercise of its powers and the fulfillment
      of its purposes under this title;
        19. to designate the depositories of its money;
        20. to establish its fiscal year;
        21. to insure or  otherwise  to  provide  for  the  insurance  of  the
      corporation's property or operations and against such other risks as the
      corporation may deem advisable; and
        22.  to  do  all  things necessary, convenient or desirable, including
      ancillary and incidental activities, to carry out its purposes  and  for
      the exercise of the powers granted in this title.