§ 1355. Orders, service thereof and penalties. The authority may make, and cause to be served upon any corporation or individual, within the port district, excepting the city of Oswego and the town of Scriba, any reasonable order which it may determine to be necessary for the proper development, maintenance and use of the port, relating to the construction, equipment, repair, maintenance, use and rental of any dock, wharf, slip, terminal, warehouse or industrial project owned or leased by any such corporation or individual within the district. There shall be served with a copy of the order a notice specifying a day, not less than ten days after such service, when such corporation or individual may appear before the authority, present written objections to the making of the order and be heard on such objections. If no such objections are filed within the time stated, or if the order be sustained as the result of such hearing, either in its original or modified form, such order shall be final, subject only to review by a court of competent jurisdiction. When an order of the authority shall become final, including the termination of any court proceeding sustaining the order, or of the time for beginning such a proceeding if none be brought, if the corporation or individual shall fail to obey it, or if any corporation or individual shall violate a lawful rule of the authority, the authority may commence and maintain an action or proceeding in an appropriate court having jurisdiction, for the purpose of having such disobedience to an order or violation of a rule prevented or obedience enforced, either by mandamus or injunction.

Terms Used In N.Y. Public Authorities Law 1355

  • authority: shall mean the corporation created by section thirteen hundred fifty-three of this title. See N.Y. Public Authorities Law 1351
  • city: shall mean the city of Oswego. See N.Y. Public Authorities Law 1351
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • district: shall mean the Oswego port authority district created by section eighteen hundred twenty-seven of this title. See N.Y. Public Authorities Law 1351
  • industrial project: shall mean a project designed and intended for the purpose of providing facilities for manufacturing, warehousing, recreational opportunities, docking, historical appreciation, research, business or other industrial purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof (excluding raw materials, work in process or stock in trade), on land acquired or to be acquired by the authority in the city of Oswego and the two parcels previously acquired by the authority in the town of Scriba. See N.Y. Public Authorities Law 1351
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • town: shall mean the town of Scriba, Oswego county. See N.Y. Public Authorities Law 1351
  Previous section
Next section  
 Title 2 Contents