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					                               CHAPTER    /8' '1
       LAWS OF 19   !iK                        MIMORANDUlvI NO.



  SENATE BILL   lo42\B                           ASSEMBLY BILL




                                 6438

                          IN SENATE
                            March 12,   1998


Introduced by Sen. VELELLA -- read twice and ordered printed,              and when
  printed to be committed to the Committee on Cities

AN ACT authorizing the city of New York  to  reconvey its   interest  in
  certain  real  property acquired by    in  rem tax foreclosure in the
  borough of the Bronx to former owner Amelia Vigliotti, notwithstanding
  expiration of the two year period within which application may be made
  to the city to release its interest in property thus  acquired;  Block
  No. 5597, L~t NO.1_on tax m~p fo~ ~h~ b?rough of the Bronx




                                                 DATE RECEIVED BY GOVERNOR:




                                                ACTION MUST BE TAKEN BY:




                                                 DATE GOVERNOR'S ACfION TAKEN:

                                                                  ~JUL   7 - 1qge
                00000:1.
SENATE varE                                 HOME RULE MESSAGE          N


                                            BILL IS DISAPPROVED

ASSEMBLY VOTE   y    N                      DATE                   _


DATE                     ··"" . . -"l-002
       -----------   ~   _   <oJ
                                            COUNSEL TO THE GOVEi mOR
===============================================================================

Senate Vote     Bill: S6438             Date: 06/10/1998   Aye -   57 Nay - 0
Abs Abate            Aye Alesi          Aye Balboni          Aye   Breslin
Aye Bruno            Aye Connor         Aye Cook             Aye   DeFrancisco
Aye Dollinger        Aye Farley         Aye Fuschillo        Aye   Gentile
Aye Gold             Aye Gonzalez       Aye Goodman          Aye   Hannon
Aye Hoffmann         Aye Holland        Aye Johnson          Aye   Kruger
Aye Kuhl             Aye Lachman        Aye Lack             Aye   Larkin
Aye LaValle          Aye Leibell        Exc Leichter         Aye   Libous
Aye Maltese          Aye Marcellino     Aye Marchi           Aye   Markowitz
Aye Maziarz          Aye Meier          Aye Mendez           Aye   Montgomery
Aye Nanula           Aye Nozzolio       Aye Onorato          Aye   Oppenheimer
Aye Padavan          Aye Paterson       Aye Present          Aye   Rath
Aye Rosado           Aye Sal and        Exc Sampson          Aye   Santiago
Aye Seabrook         Aye Seward         Aye Skelos           Aye   Smith
Aye Spano            Aye Stachowski     Aye Stafford         Aye   Stavisky
Aye Trunzo           Aye Vel ella       Aye Volker           Exc   Waldon
Aye Wright
===============================================================================
 GUY    1. VELELLA                                                                                                             PLEASE RESPOND TO
 SENATOR. 34TH DISTRICT                                                                                                          SENATE OFFICE
                                                                                                                                  o ROOM915
SENIOR ASSISTANT                                                                                                            LEGISLATIVE OFFICE BLDG
MAJORITY LEADER                                                                                                              ALBANY. NEW YORK 12247
       CHAIRMAN                                                THE SENATE                                                       TEL 518-455-3264
  INSURANCE COMMITTEE                                                                                                           FAX 518-426-6951
 MEMBER COMMITTEES ON
                                                            STATE OF NEW YORK
                                                                                                                                DISTRICT OFFICE
                                                                                                                            02019 WILLlAMSBRIDGE RD
 CIVIL SERVICE & PENSIONS
                                                                                                                                BRONX. NY 10461
            CODES
                                                                                                                                TEL. 718-792-7180
         EDUCATION
                                                                                                                                FAX 718-792-3924
           FINANCE
          JUDICIARY                                                                                                                 E-MAIL
            LABOR                                                                                                         VELELLAOSENATE STATE NY US
            RULES
                                                                                        June 26, 1998



        The Honorable James M. McGuire
        Counsel to the Governor
        Executive Chamber
        State Capitol
        Albany, NY 12224

        Dear Mr. McGuire:

              Senate Bill S-6438, of which I am the sponsor, is now before the Governor for
        his consideration. I am writing to request approval of this legislation.

              The bill authorizes the City of New York to reconvey its interest in certain
        real property acquired by in rem tax foreclosure to the former owner, Amelia
        Vigliotti. Following the death of her husband, Mrs. Vigliotti inadvertently failed to
        pay the property taxes on this property. This legislation, which imposes all of the
        customary requirements for such a reconveyance, including the payment of all taxes,
        penalties and interest, will allow Mrs. Vigliotti to regain ownership of her home.

               Therefore, I urge approval of 8-6438. Thank you for your consideration of
        this request.




        GJV/js




        P.S. Please note my Albany office has moved. While the phone number remains the same, the room mnnber is now 612 and the fax number
        has changed to 518-426-6984.
                             NEW YORK STATE ASSEMBLY
                      MEMORANDUM IN SUPPORT OF LEGISLATION

        submitted in accordanc~ with Assembly Rule III, Section 1         (e)

                                          (X)    Memo on original draft of bill
                                          ()    Memo on amended bill


BILL NUMBER:      Assembly A.9312         Senate S . 6438

_SPONSORS:        Member(s) of Assembly:         KAUFMAN


                  Senators:                     VELELLA


TITLE OF BILL:

     AN ACT authorizing the city of New York to reconvey its int"erest in
certain real property acquired by in rem tax foreclosure in the boroughof the
Bronx to former owner Amelia Vigliotti, notwithstanding expiration of the two
ye~r period within which application may be made to the city to release its
interest in property thus acquired; Block No. 5597, Lot No.1 on tax map for
the borough of the Bronx.


PURPOSE OR GENERAL IDEA OF BILL:

     To reconvey property formerly owned by Amelia Vigliotti to its former
owner.


SUMMARY OF SPECIFIC PROVISIONS:

     Reconveys Bock No.       5597,   Lot No.   1 on tax map for the Bronx to its
former owner.


JUSTIFICATION:

     Amelia and Joseph Vigliotti spent their married life living at 227 Graff
Avenue, Bronx, New York. When Joseph Vigliotti passed away, Mrs. Vigliotti
inadvertently stopped paying her property taxes. The City of New York took
the property in an In Rem proceeding in 1987. Mrs. Vigliotti is willing to
pay all back taxes due and would like to reclaim her family home.


PRIOR LEGISLATIVE HISTORY:

     New bill

FISCAL IMPLICATIONS:

     None

EFFECTIVE DATE:

      Immediately                000005
                                                                                  t7_ /I·ge,
                                          IMPORTANT: READ INs'TRUCTtbNS ON REVERSE SIDE
                                                                      HOl\fE RULE REQUEST
                      (Request by a Local Governrnent for Enactment of a Special L ~AGE                                                                                                     J 2..-.
                                                                                                                                                                                     ...........................
To the Legislature:
          Pursuant to Article IX of the Constitution. the                                     .=.N..;.::E=-W~_Y.:...;O=RK..=.::_.;:C=ITY=_:=__                                               of
                                                                                                        (counIy, city, town    or vil1a&c)

______C=.;:O:::::;...;:UN~~C=IL=_                                 requests the enactment of        Senate bill          (No._--=S;;.;:64~3~8                             ---,). entitled
                                                                                                   " SS81R1lly
                                                                                                  (strike out one)


"AN ACT authorizing the city of New York                                     to   reconvey its interest in certain real property acquired by in rem
tax   foreclosure in the borough of the Bronx to fonner owner Amelia Vigliotti, notwithstanding                                                                          e~piration of       the
two year period within which application may be made to the city to release its interest in property thus acquired;
Block No. 5597, Lot No. 1 on tax map for the borough of the Bronx. "


     It is hereby declared that a necessity exists for the enactment of such legislation. and that the facts establishing such necessity are as
follows: (Check: appropriate box)
S         TIle local government does not have the power to enact such legislation by local law.
o         Other facts. as set forth in the following -Explanation· establish such necessity.

                                                                               EXPLANATION
                                                      (If space below is not sufficient, use separate sheet and attach here)




Such request is made by: (Check appropriate box)
o   The chief executive officer of such local govenunent. occurred in by a majority of the total membership of the local legislative body.
     (See paragraph A below)
~     The local legislative body of such local government. at least two-thirds of the total membership thereof having voted in favor of such
      request. (See paragraph B below)


                                                                      READ BEFORE SIGNING
     A.       If the request is made by the chief executive officer and concurred in by a majority of the total membership of the locaJ
              legislative body. both the chief executive officer and the clerk of the local legislative body must sign below. In such case use
              the word "majority" below even though the vote may have been greater.

     B.       If the request is made by the local legislative body. at least two-thirds of the total membership thereof having voted in favor of
              such request, only the clerk of the local legislative body must sign below. In such case use the words "two-thirds" below,

                                                      CHIEF EXECUTIVE OFFICER'S SIGNATURE

                                                                                                              (Signed)                             ~~--~ ~------
                                                                                                                                                   (chief executive officec)


                                                                                                                                             (Print or type name below sienawre)
Date:                                          ~    19_ _
                                                                                                                                                  (Title of chief executive officer)


                                                                      CLERK'S CERTIFICATION



                  (print or type name)                                                                                                           (local legislative body)

_ _ _ _ _ _ _ _ _~C:;.O.=_;UN:::..:....;..C=IL=_                                          of the                                                            -.,;C~IT~Y::...__                     _
of                                                                                                                         (county. city. town      OT   Village)


______N=-..;.;E=-W~_Y-=-O=..:RK=_=~                                   and that on the      13th                                     day of                    May                  , 1998_
                                                   two-thirds
such legislative body. at least a                     ..      of the total membership having voted in favor thereof, approved the foregoing request.
                                                    A1iYgFl~'

                                                   (strike out one)



                        [SEAL OF LOCAL
                         GOVERNMENT]



Date:            ...::.M=aJ..v.._1:..:3::'.-               , 1998_ _
B.:203                            BUDGET REPORT ON BILLS                            Session Year 1998

SENATE                              NO RECOMMENDATION                             ASSEMBLY
No. 6438                                  Velella                                 No.



Title: AN ACT authorizing the city of New York to reconvey its interest in certain real property
acquired by in rem tax foreclosure in the borough of the Bronx to former owner Amelia
Vigliotti. notwithstanding expiration of the two year period within which application may be
made to the city to release its interest in property thus acquired: Block No. 5597. Lot No.1 on
tax map for the borough of the Bronx

       The above bill has been referred to the Division of the Budget for comment. After careful
review, we find that the bill has no appreciable effect on State finances or programs, and/or this office
does not have the technical expertise to make a recommendation on the bill.

         We therefore make no recommendation.




Date:     June 16, 1998               Unit Head:   ~                                                   _




                                       000007
                                                 Fax:5184744290                              Jun 24 '98           17:05        P.Ol
                                                                         C-\8Q




                        OFFICE OF TIlE ATTORNEY GENERAL
                                                       DENNIS C. VACCO

                                                  LEGISLATIVE BUREAU

                                             - FAX # 518-474-4290
                                          CONFIRMATION # 518486-3000
                                                  June 24, 1998

                   TO:           Juanita Nabors

                  FROM:               Roberta Gilgore

                  NO.      0/   Pages (Including this Page)i-

                                                               COMMENTS:


            The Attorney General's Office takes no position on the following bills that
were sent to us for comments:

         A.8309..A                             S.3930-B                                 5.6123
         A.S7So-B                              S.5661-A                                 S.6152-A
         A.9125-B                              S.S962                                   S.6153-A
         A.I0379                               S.6001-B                                 S.6154-A
         A.I0755                               5.6041                                   S.6393-A


CONFIDENTlALlTY NOTICE.-                               This t1rJ:nIrnhsion   Will   intendetl solt!lJ for the intJividluzl or.ntity to whom it is
addrened tUUl mJ2Y cont/Jin infornuJlion which is corifiikntUil 0,. proucted by privilege_ If yotl.        tIT8   not the inunded ncipien:4 plsase
contact the SentUT to arrange lor tM return or other disposition a/the tTansmisrion. Pending tlUpomion, you llTK requested not to
review the trcf:nsmitted mateTio.1s; not to disclose or distribute them t() tmY()1I.e; and not to mal" or allow to be 'fIIQJ1«, t:ltlY copus thereof.
A lawyer may have a profeuioTUJl obligation to avoid examilling COllfidentU:rl materifJh that inadvertently come into hi9 or her
possession, and shouM promptly comact /he lawyer from whose of/ke the materials WBre sent to arrange lor thdr disposition (Amerkan
BID" As~ociation Formal Opinion 92-368).
                                                   ()()(jOU~
                                                                                     06/24/98       WED 17:03          [TX/RX NO 5896]
                                                        .
                                                       *
                                                               ,.~
                                                           :;IC?I;;,-       •



                                                           --
                                                           ~..  ~
                                                                        '




                                                STATE OF NEW YORK
                                         DEPARTMENT OF TAXATION AND FINANCE
                                                        Office of Counsel
                                                   W.A. HARRIMAN CAMPUS
                                                      ALBANY, NY 12227

    STEVEN U. TEITELBAUM
Deputy Commissioner and Counsel                     June 19, 1998



         The Honorable James M. McGuire
         Counsel to the Governor
         Executive Chamber
         State Capitol
         Albany, NY 12224

                             Re:   Senate Bill No. 6438
                                   Our File No. LBW-5411
         Dear Mr. McGuire:

                 Your office has requested the views of the Department of Taxation and Finance on the
         above referenced bill, which is presently before the Governor for executive action. Since the
         subject matter of this bill is not within the province of the Department of Taxation and Finance,
         the Department makes no recommendation with res ct to it.

                   Thank you for the opportunity to comme t on his legislation.




                                                       ~~    U. Teitelbaum
                                                       Deputy Commissioner and Counsel




                                        000009
                                             THE CITY OF NEW YORK
                                               OFFICE OF THE MAYOR

ROBERT M. HARDING                                                            52 Chambers Street
        DIRECTOR                                                            New York, NY 10007
INTERGOVERNMENTAL AFFAIRS                                                      (212) 788-2619

                                                                            111 Washington Avenue
                                                                           Albany, New York 12210
                                                                                (518) 447-5200


                                            MEMORANDUM




              TO:           Honorable James M. McGuire
                            Counsel to the Governor

              FROM:         Robert M. Harding

              DATE:         June 24, 1998

              RE:           8.6438 -



                            AN ACT authorizing the city of New York to reconvey
                                   its   interest  in   certain  real   property
                                   acquired by in rem foreclosure        in the
                                   borough of Bronx to former owner Amelia
                                   Vigliotti,   without   public   auction   and
                                   notwithstanding expiration of the two year
                                   period within which application may be made
                                   to the city to release its interest in
                                   property thus acquired; Block No. 5597, lot
                                   No. 1 on tax map for the borough of Bronx


                        You have requested the comments and recommendation
              of the Mayor concerning the above bill which is before the
              Governor for executive action.

                        Please be advised that the Mayor has no objection
              to this legislation.



              nfo

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