§ 3554 — General powers of the corporation

§ 3554. General powers of the corporation. Except as limited by this\ntitle, the public health law, the mental hygiene law, the social\nservices law, the education law, the civil practice law and rules or any\nother applicable law or regulation, the corporation shall have power:\n 1. to sue and be sued and to participate in actions and proceedings,\nwhether judicial, administrative, arbitrative or otherwise and, except\nas is otherwise provided in subdivision four of section thirty-five\nhundred sixty-one of this title, the court of claims shall have\nexclusive jurisdiction in all actions against the corporation for money\ndamages;\n 2. to have a corporate seal, and to alter such seal at pleasure, and\nto use it by causing it or a facsimile to be affixed or impressed or\nreproduced in any other manner;\n 3. to purchase, receive, take by grant, gift, devise, bequest or\notherwise, lease, or otherwise acquire, own, hold, improve, employ, use\nand otherwise deal in and with, real or personal property, or any\ninterest therein, wherever situated;\n 4. to purchase, take, receive, subscribe for, or otherwise acquire,\nown, hold, vote, employ, sell, lend, lease, exchange, transfer, or\notherwise dispose of, mortgage, pledge, use and otherwise deal in and\nwith, bonds and other obligations, shares, or other securities or\ninterests issued by others, whether engaged in similar or different\nbusiness, governmental, or other activities;\n 5. to accept subventions from other persons or any unit of government;\n 6. to sell, convey, lease, exchange, transfer or otherwise dispose of,\nor mortgage or pledge, or create a security interest in, all or any of\nits property, or any interest therein, wherever situated, upon such\nterms and conditions and in such manner as the corporation shall\ndetermine;\n 7. to make capital contributions to other not-for-profit corporations;\n 8. (a) to offer participation in the New York state and local\nemployees' retirement system for all its officers and employees, and to\nestablish and carry out other retirement plans authorized pursuant to\nthe retirement and social security law, which may be offered to all of\nits officers and employees not participating in the New York state and\nlocal employees' retirement systems, and to establish and carry out\nother incentive and benefit plans, trusts and provisions for any or all\nof its officers and employees, subject to the applicable provisions of\narticle fourteen of the civil service law; (b) provided, further, that\nemployees of the corporation established pursuant to section thirty-five\nhundred fifty-three of this article who are division and department\nchairpersons holding scientific degrees, scientific faculty members such\nas assistant members, associate members, members, distinguished members,\nor who have graduate faculty status at the level of assistant professor\nor above at the Roswell Park graduate division of the state university\nof New York at Buffalo and as certified by the dean of the division,\nfacility directors, and those employees who are in titles such as\npresident and chief executive officer, senior vice president, vice\npresident, assistant vice president, general counsel, and executive\ndirector, and who are eligible to participate in the New York state and\nlocal employees' retirement system may elect, within ninety days of the\neffective date of this paragraph or within ninety days of becoming\neligible to participate in such system, in lieu of participating in such\nsystem, to participate in the optional retirement program available to\nemployees of the state university of New York pursuant to article\neight-B of the education law, subject to the terms and conditions of\nthat article and to the provisions of the retirement and social security\nlaw;\n 9. to be a promoter, partner, member, associate or manager of other\nnot-for-profit activities or business enterprises or ventures, or to the\nextent permitted in any other jurisdiction to be an incorporator of\nother corporations of any type or kind;\n 10. except as limited by state law or regulation, to fix, compromise\nand collect rates, rentals, fees, lease payments and other charges for\nthe services rendered by it or for use of the facilities owned,\ncontrolled or administered by, or in the exercise of the powers of, the\ncorporation;\n 11. to make contracts, give guarantees and incur liabilities, borrow\nmoney at such rates of interest as the corporation may determine, issue\nnotes, bonds and other obligations, and secure any of its obligations by\nmortgage or pledge of all or any of its property or any interest\ntherein, wherever situated;\n 12. to issue bonds for any of its corporate purposes or its projects,\nor to refund the same, and to provide for the rights of the holders\nthereof;\n 13. to lend money, invest and reinvest its funds, and take and hold\nreal and personal property as security for the payment of funds so\nloaned or invested;\n 14. to conduct the activities of the corporation and have offices and\nexercise the powers granted by this title in any jurisdiction within or\nwithout the United States;\n 15. to appoint such officers, employees and agents as the corporation\nmay require for the performance of its duties and, subject to applicable\nprovisions of agreements negotiated pursuant to article fourteen of the\ncivil service law, to fix and determine their qualifications, duties,\nand compensation;\n 16. to retain or employ counsel, auditors, and engineers, subject to\napplicable provisions of agreements negotiated pursuant to article\nfourteen of the civil service law where appropriate and, private\nconsultants on a contract basis or otherwise for rendering professional,\nmanagement or technical services and advice;\n 17. to make, adopt, amend, enforce and repeal rules for its governance\nand internal management and personnel practices, subject to article\nfourteen of the civil service law, where applicable;\n 18. to make and alter by-laws for its organization and management,\nand, subject to agreements with its bondholders, to make and alter rules\nand regulations governing the exercise of its powers and the fulfillment\nof its purposes under this title;\n 19. to designate the depositories of its money;\n 20. to establish its fiscal year;\n 21. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and against such other risks as the\ncorporation may deem advisable; and\n 22. to do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n