Changes to Regulations Governing Wages of Workers in the Restaurant and Hotel Industries

Wage Board Members: Linda Donahue, Chair

Neil Kwatra

Daniel C Murphy

Rick J Sampson

James W Versocki, Esq

Peter Ward

Pursuant to Labor Law Sections 653(2) and 655(4) and the Open Meeting Law, the New York State Department of Labor hereby gives public notice that on Wednesday, May 6, 2009, the Wage Board will hold a public hearing to receive testimony regarding changes to the Wage Orders governing wages payable to restaurant industry and hotel industry workers, which are Parts 137 and 138 of Title 12 of the NY Codes, Rules and Regulations.

The hearing will be held at the following location at the designated time:

New York City – 11:00 AM to 4:00 PM -- Wednesday, May 20, 2009

Center for Worker Education

18th Floor, classrooms 18B & 18C

Joseph S. Murphy Institute

CUNY

25 West 43rd St.

New York, NY 10036

Persons planning to attend the hearing are requested to pre-register by Friday, May 1, 2009 using mail, phone, fax or e-mail to the following:

NYS Department of Labor, Attn: Jean Lindholm, Building 12, Room 185B, Harriman State office Campus, Albany, New York 12240, phone (518) 485-7531, fax (518) 457-8452, or [email protected]

Pre-registrants will be given the opportunity to speak first, after which persons who have not pre-registered may speak. the Commissioner's Charge to the Wage Board is available on the Wage Board page of the NYS Department of Labor's website, or a copy can be requested using the contact information above.

Speakers are requested (but not required) to prepare their testimony in writing and to make 10 copies available at the hearing. Oral presentations will be limited to 10 minutes each. Written testimony will be accepted until June 3, 2009.

All attendees must bring photo ID with them to present to Building Security prior to entering the hearing.

The hearing facilities meet the accessibility needs of individuals with disabilities. Persons planning to attend the hearing who are in need of reasonable accommodations such as interpreters, assistive listening devices, large-print or Braille materials should so inform the Department when pre-registering, as far in advance of the hearing as possible.

If translation services are needed, please indicate what language when pre-registering, as far in advance of the hearing as possible.

Within 5 working days after the hearing, a video of the hearing will be available on the Department of Labor website www.labor.state.ny.us

For further information, contact: NYS Department of Labor as instructed above.

PURSUANT to the Open Meetings Law, the New York State Civil Service Commission hereby gives public notice of the following:

Please take notice that the regular monthly meeting of the State Civil Service Commission for May 2009 will be conducted on May 12 commencing at 9:30 a.m. and May 13 at 9:30 a.m. This meeting will be conducted at New York Network, Suite 146, South Concourse, Empire State Plaza, Albany, NY. Directions and parking information available at (www.nyn.suny.edu).

For further information, contact: Office of Commission Operations, Department of Civil Service, Alfred E. Smith State Office Building, Albany, NY 12239, (518) 473-6598

Pursuant to Public Officers Law Section 104, the Division of Criminal Justice Services gives notice of a meeting of the Subcommittee on Forensic DNA Laboratories and Forensic DNA Testing:

For further information or if you need a reasonable accommodation to attend this meeting contact: Cathryn Levine, Division of Criminal Justice Services, Office of Forensic Services, Four Tower Place, Albany, NY 12203-3764, (518) 457-1901

On June 17, 2009 the New York State Energy Research and Development Authority (“NYSERDA”) will be participating in a regional auction for the sale of carbon dioxide allowances under the Regional Greenhouse Gas Initiative (“RGGI”) in accordance with the CO2 Allowance Auction Program (Title 21 NYCRR Part 507). The auction will be conducted on June 17, from 9 a.m. until 12 p.m. ET. In this auction, NYSERDA will be making available for sale 11,861,849 allowances from the 2009 Allocation Year, and 776,385 allowances from the 2012 Allocation Year. All parties are eligible to participate in this auction provided they become qualified and meet all other participation requirements. Applications for participation are due May 1, 2009. Complete details on the June 17, 2009 auction, including the auction schedule, participation requirements, and auction documents can be found at: www.rggi.org The NYSERDA contact person regarding the New York CO2 Allowance Auction Program is Kevin Hale, who can be contacted at [email protected]

The New York State Department of Health hereby gives notice of its intent to award funding in the amount of $480,000 per year for 5 consecutive years to Montefiore Medical Center STD Center for Excellence. The Bureau of Sexually Transmitted Disease (STD) Control intends to fund a state-of-the-art, hands on clinical training program for the diagnosis, management, and treatment of sexually transmitted diseases in Bronx, NY. This includes an STD clinic providing STD screening and treatment to individuals in a high-risk community.

For further information, contact: Margaret Carroll, Director of Administration, Department of Health, Bureau of STD Control, Corning Tower Bldg., Rm. 1168, Albany, NY 12237, (518) 474-3598 phone, (518) 474-3491 fax, [email protected]

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for hospital services to comply with recently enacted statutory provisions. The following significant changes are proposed:

Indigent Care

• Effective for the period May 1, 2009 through December 31, 2009, distributions to hospitals for indigent care pool disproportionate share (DSH) payments will be made as follows:

– 90% of $27 million in funds available for the 2009 calendar year will be reserved and distributed to each eligible facility in an amount related to such facility’s reduced distribution from the non-supplemental portion of the professional education pool, in the same proportional amounts received by such facilities in 2008.

– $307 million will be distributed to hospitals designated as teaching hospitals by the Department as of December 31, 2008, to compensate such facilities for Medicaid and self pay losses. Such distributions will be made according to a schedule of payments to be provided in regulations promulgated by the Commissioner of Health.

– $16 million will be proportionately distributed to non-teaching hospitals based on each eligible facility’s uninsured losses to such losses for all non-teaching hospitals statewide.

– $25 million will be distributed to hospitals, excluding major public hospitals, having Medicaid discharges of 40% or greater as determined from data reported in the 2007 Institutional Cost Report (ICR), to compensate such facilities for projected Medicaid net losses as determined by the Commissioner. Such distributions will be made according to a schedule of payments to be provided in regulations promulgated by the Commissioner.

• Effective for annual periods beginning January 1, 2010, distributions to hospitals for indigent care pool DSH payments will be made as follows:

– $269.5 million will be distributed to hospitals, excluding major public hospitals, on a regional basis and within the amounts available for each region, to compensate each eligible hospital’s proportional regional share of unmet need for calendar year 2007.

– $25 million will be distributed to hospitals, excluding major public hospitals, having Medicaid discharges of 40% or greater as determined from date reported in the 2007 ICR. The distributions will be proportionately distributed based on each eligible facility’s uninsured losses to such losses of all the eligible facilities.

– $16 million will be proportionately distributed to non-teaching hospitals based on each eligible facility’s uninsured losses to such losses for all non-teaching hospitals statewide.

An additional $25 million will be distributed to hospitals, excluding major public hospitals, having Medicaid discharges of 40% or greater as determined from data reported in the 2007 ICR, to compensate such facilities for Medicaid net losses as determined by the Commissioner. Such distributions will be made according to a schedule of payments provided in regulations promulgated by the Commissioner.

• Effective for the periods May 1, 2009 and thereafter, for determining distributions to general hospitals for uninsured losses, each facility’s uncompensated care need amount will be determined as follows:

– Inpatient units of services for all uninsured patients, excluding referred ambulatory as reported for the calendar year two years prior to the distribution year will be multiplied by the applicable Medicaid inpatient rate for such year (excluding prospective rate adjustments and add-ons). However, for distributions on and after January 1, 2010, the uncompensated care need amount will be determined using the Medicaid inpatient rate in effect for July 1 of the prior year.

Outpatient units of services, including emergency departments and ambulatory surgery services but excluding referred ambulatory, for all uninsured patients as reported for the calendar year two years prior to the distribution year, will be multiplied by the Medicaid outpatient rates as determined using the ambulatory patient group (APG) methodology, or the applicable Medicaid outpatient rate effective two years prior to the distribution year for services not paid for through the APG.

– Distributions made based on uninsured losses will be from the following funds:

o $16 million to non-teaching hospitals for May 1, 2009 and annual periods thereafter;

o $269.5 million to hospitals, excluding major public hospitals, for January 1, 2010 and annual periods thereafter; and

o $25 million to hospitals, excluding major public hospitals, for January 1, 2010 and annual periods thereafter.

• Effective for the periods on and after January 1, 2010, each facility’s uncompensated care need amount will be reduced by all payments collected from uninsured patients.

• The total uncompensated care need for all hospitals for all periods will be adjusted by application of the ongoing nominal need scale.

The increase in gross Medicaid expenditures attributable to these proposed initiatives for state fiscal year 2009/2010 is $307 million.

Copies of the proposed state plan amendments will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Philip N. Mossman, Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), [email protected]

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for hospital services to comply with recently enacted statutory provisions. The following is proposed:

Indigent Care

Effective for the periods May 1, 2009 and thereafter, if the Commissioner of Health determines that federal financial participation will not be available for the uninsured uncompensated care need funding newly enacted for the same period, distributions to hospitals for indigent care pool disproportionate share (DSH) payments will be made on a regional basis and within the amounts available for each region, to compensate each eligible hospital’s proportional regional share of unmet need for calendar year 2007.

The increase in gross Medicaid expenditures attributable to these proposed initiatives for state fiscal year 2009/2010 is $307 million.

Copies of the proposed state plan amendments will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Philip N. Mossman, Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), [email protected]

Pursuant to 42 CFR 447.205, the Department of Health (Department) hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan with respect to the provision of targeted case management services in accordance with the Deficit Reduction Act of 2005 and regulations promulgated by the Centers for Medicaid and Medicare Services (CMS). The following changes are proposed:

Non-Institutional Services

• Case management services include assessment, development of a plan of care, referral to needed services, and monitoring. The proposed amendment will ensure that targeted case management services are provided in accordance with the statutory definition of case management adopted in the Deficit Reduction Act of 2005.

• The proposed amendment addresses targeted case management services provided through the Nurse Family Partnership (NFP) program in New York City and Monroe County. The NFP program is an evidence-based home visiting program which focuses on a target group of low-income, high risk, pregnant women who will be first-time mothers and their newborn up to the child’s second birthday.

The estimated annual net aggregate increase in gross Medicaid expenditures attributable to this proposed initiative for State fiscal year 2009/2010 is cost of this program is $6 million.

Copies of the proposed state plan amendment will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New York 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Philip N. Mossman, Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), [email protected]

Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for long term care services to comply with recently enacted statutory provisions. The following significant changes are proposed:

Long Term Care Services:

• Effective for periods May 1, 2009 through March 31, 2010, regarding inpatient rates of payment for RHCFs which reflect the benefit of the rebase to 2002 costs, if it is determined by the Commissioners of Health and the Division of the Budget that such adjustment results in an aggregate increase in the rates for such period that is less than or more than $210 million, proportional adjustments to the rates will be made as necessary to result in an increase in aggregate expenditures of $210 million. The operating component of such rates will not be subject to case mix adjustments as otherwise scheduled for January of 2010.

• For the period April 1, 2010 through March 31, 2011, upon determination by the Commissioner and the Director of the Budget, rate adjustments to inpatient rates of payments for RHCFs, prior to the adjustment for inflation, will result in an aggregate increase in total Medicaid rates of payments for such services, make such proportional adjustments to such rates as necessary to reduce such total aggregate rate adjustments such that the aggregate total reflects no such increase. Adjustments made shall not be subject to subsequent correction or reconciliation.

The estimated annual net aggregate increase in gross Medicaid expenditures attributable to this proposed initiative for state fiscal year 2009/2010 is $210 million.

Copies of the proposed state plan amendment will be on file in each local (county) social services district and available for public review.

For the New York City district, copies will be available at the following places:

New York County

250 Church Street

New York, New York 10018

Queens County, Queens Center

3220 Northern Boulevard

Long Island City, New York 11101

Kings County, Fulton Center

114 Willoughby Street

Brooklyn, New York 11201

Bronx County, Tremont Center

1916 Monterey Avenue

Bronx, New York 10457

Richmond County, Richmond Center

95 Central Avenue, St. George

Staten Island, New york 10301

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Philip N. Mossman, Department of Health, Bureau of HCRA Operations & Financial Analysis, Corning Tower Bldg., Rm. 984, Empire State Plaza, Albany, NY 12237, (518) 474-1673, (518) 473-8825 (FAX), [email protected]

Madison County has issued a Final Request For Proposals (RFP) dated April 2, 2009 to solicit proposals from companies that are interested in developing a facility in the County's Agriculture and Renewable Energy (ARE) Park that could utilize up to 438,000 therms per year of excess heat generated by a landfill gas to energy facility located in the Town of Lincoln at the county's landfill site on Buyea Road. Interested companies should request a copy of the Final RFP from Kipp Hicks, Director, Madison County IDA, 3215 Seneca Turnpike, Canastota, New York 13032 (Phone 315-697-9817; FAX: 315-697-8169; e-mail: [email protected]). Written proposals must be submitted no later than 3:00 p.m. on May 4, 2009 to Ms. Cindy Urtz, Madison County Purchasing Officer, P.O. Box 635, County Office Bldg., N. Court St., Wampsville, NY 13163.

WHEREAS, Article 8-B of the Partnership Law, requires registered limited liability partnerships and New York registered foreign limited liability partnerships to furnish the Department of State with a statement every five years updating specified information, and

WHEREAS, the following registered limited liability partnerships and New York registered foreign limited liability partnerships have not furnished the department with the required statement, and

WHEREAS, such registered limited liability partnerships and New York registered foreign limited liability partnerships have been provided with 60 days notice of this action;

NOW, THEREFORE, I, Lorraine A. Cortés-Vázquez, Secretary of State of the State of New York, do declare and proclaim that the registrations of the following registered limited liability partnerships are hereby revoked and the status of the following New York foreign limited liability partnerships are hereby revoked pursuant to the provisions of Article 8-B of the Partnership Law, as amended:

DOMESTIC REGISTERED LIMITED

LIABILITY PARTNERSHIPS

A

ADVANCED CENTER FOR PHYSICAL THERAPY LLP (03)

B

BAGG, ROSKE LLP (03)

BECKER HARROW LLP (03)

BIANCULLI & ROGAN, LLP (98)

BUDD, TRIBBLE & VON AHN, CPAS, LLP (03)

C

CAMPBELL GOLDEN LLP (03)

CINCOTTA & DONOFRIO, LLP (98)

CODISPOTI & MANCINELLI, LLP (98)

COHEN & FRANKEL LLP (03)

D

DANA L. JENKINS & ASSOCIATES, LLP (03)

DECOLATOR, COHEN & DIPRISCO, LLP (98)

DEPIETTO, BLUM, FALZARANO & CO, LLP (03)

E

ECONOMOU, PATRUNO & ECONOMOU, LLP (03)

ENDOCRINOLOGY DIABETES & OSTEOPOROSIS CONSULTANTS LLP (03)

EXCELDENT DENTAL OF MEDFORD LLP (03)

F

FLICKER, GARELICK & ASSOCIATES, LLP (03)

FOLEY & FOLEY, LLP (98)

FRANK E. DEESSO & PARTNERS, LLP (03)

FUOCO GROUP LLP (03)

G

GASTWIRTH, MIRSKY & STEIN LLP (98)

GOODMAN PEDIATRICS LLP (98)

GREENBERG & WILNER, LLP (03)

GREENER & BLANK, LLP (03)

GREENSTEIN & MILBAUER, LLP (03)

H

HART & HART, LLP (98)

HART, HART, RUDERMAN & GROSS, L.L.P. (98)

HEALING PATH CHIROPRACTIC, LLP (03)

HEM ONC PHYSICIANS LLP (98)

HESTERBERG & KELLER, LLP (98)

HOLLIS & EVANGELISTA, LLP (03)

I

INEEDITTODAY, L.L.P. (03)

J

JAFFE, ROSS & LIGHT LLP (03)

JBD ENGINEERING, LLP (98)

K

KAMMERMAN, GLASSMAN & GADALETA, LLP (03)

KASSEL & STEIER, LLP (98)

KELLEHER & DUNNE LLP (03)

KOPLOW & FLOOD, LLP (03)

KOPPELL, LEAVITT, KERSON & DUANE LLP (03)

KOSNIK & TRACZ, LLP (98)

KUCZINSKI VILA TARALLO PILLINGER & MILLER, LLP (03)

L

LASIK SPECIALISTS OF NEW YORK LLP (03)

LEVITIN & KAHAN LLP (03)

LONG ISLAND DIABETES & ENDOCRINOLOGY ASSOCIATES, LLP (03)

M

MERDINGER, FRUCHTER, ROSEN & COMPANY, LLP (03)

METROPOLITAN FAMILY DENTAL LLP (98)

MOUNTAIN PHYSICAL THERAPY, LLP (98)

N

NAPACH ROTHENBERG ARCHITECTS, LLP (03)

NAPOLI, BERN, KRENTSEL & GUZMAN, LLP (03)

NEW CITY MEDICAL ASSOCIATES, LLP (03)

O

O'CONNOR & GOLDER, LLP (03)

P

PAX ENGINEERING CONSULTANT, LLP (03)

PEGG & PEGG LLP (03)

PERL, GROSSMAN AND ASSSOCIATES, LLP (03)

PERLMAN & PERLMAN, LLP (03)

PKF DAPOLITO LLP (03)

PODLOFSKY ORANGE & KOLENOVSKY, LLP (03)

R

RAWLINS & GIBBS, LLP (03)

REITANO, SPATA & YALCIN, LLP (03)

REITMAN & REITMAN, LLP (98)

RONAI & RONAI, LLP (98)

S

SALANDRA & SERLUCA, CPAS LLP (98)

SHUPACK & HARDY, LLP (03)

SILER & INGBER, LLP (03)

SMILE BY DESIGN OF LONG ISLAND, LLP (03)

SOLEIL COMPANY PARTNERS, L.L.P. (03)

SPINE MEDICINE CENTER OF N.Y. LLP (03)

STATEMENT DESIGN COLLABORATIVE, LLP (03)

T

THORNTON ENGINEERING LLP (98)

TOFEL & PARTNERS, LLP (03)

TPG ARCHITECTURE, LLP (98)

TREACY, SCHAFFEL, MOORE & MUELLER LLP (03)

TROIDLE & DELEHANTY, L.L.P. (98)

TUAN & CHO, LLP (03)

W

WALDMAN, HIRSCH & COMPANY, LLP (98)

WALKER & WHITE LLP (03)

WESTCHESTER CARDIOTHORACIC SURGERY, LLP (03)

WILTON & PARTNERS, LLP (03)

WOLFF & GODIN, LLP (98)

Z

ZWIEBEL, BRODY, GOLD & FAIRBANKS, L.L.P. (98)

FOREIGN REGISTERED LIMITED

LIABILITY PARTNERSHIPS

C

CITARELLA SPICACCI MOGIL LLP (03) (SC)

G

GINARTE, O'DWYER, GONZALEZ & WINOGRAD, L.L.P. (03)(NJ)

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

In F-2009-0211, the Westchester County Department of Public Works is seeking approval from the U.S. Army Corps of Engineers, New York District, as well as funding from the Federal Emergency Management Agency (FEMA), for the restoration of the Rye Playland Park Beach to predisaster design, capacity, and function by utilizing contract labor to regrade the beach to original cross sectional grades with 23,447 tons of beach sand to be supplied by the County over the 120' wide x 1600' long bathing beach area located along the Long Island Sound, City of Rye, County of Westchester.

The stated purpose of the proposal is to restore the Playland Beach to pre-April 14-18, 2007 Nor'easter conditions, to a more functional beach that provides better accessibility to the waterfront.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, May 29, 2009.

Comments should be addressed to the Division of Coastal Resources and Waterfront Revitalization, New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

Chapter 57 of the Laws of 2009, changed the calculation of the underpayment interest rates effective April 7, 2009. This notice reflects the new calculation.

Pursuant to the provisions of subsection (j) of section 697 of the Tax Law, the Commissioner of Taxation and Finance hereby sets the underpayment rate of interest for the purposes of said subsection for the period of April 1, 2009, until April 6, 2009 at 6 percent per annum; and for the period of April 7, 2009, until June 30, 2009 at 7 and one-half percent per annum. These rates are applicable to the New York State personal income tax (Article 22 of the Tax Law - except for rates of interest payable by or to an employer with respect to income taxes required to be withheld and paid over by the employer pursuant to Part V of such Article 22), unincorporated business income tax (Article 23 of the Tax Law), estate tax (Article 26 of the Tax Law), generation-skipping transfer tax (Article 26-B of the Tax Law), the New York City resident income tax (Article 30 of the Tax Law, Chapter 17 of the New York City Administrative Code), the New York City nonresident earnings tax (Article 2-E of the General City Law, Chapter 19 of the New York City Administrative Code), the City of Yonkers resident income tax surcharge (Article 30-A of the Tax Law, Article IX of the Codes and Ordinances of the City of Yonkers) and the City of Yonkers nonresident earnings tax (Article 30-B of the Tax Law, Article X of the Codes and Ordinances of the City of Yonkers).

Pursuant to the provisions of subsection (e) of section 1096 of the Tax Law, the Commissioner of Taxation and Finance hereby sets the underpayment rate of interest for the purposes of said subsection for the period of April 1, 2009, until April 6, 2009 at 6 percent per annum; and for the period of April 7, 2009, until June 30, 2009 at 8 percent per annum. These rates are applicable to the New York State corporation tax (Article 9 of the Tax Law), franchise tax on business corporations (Article 9-A of the Tax Law), franchise tax on state banks, trust companies, financial corporations and tax on savings and loan associations (Article 9-B of the Tax Law), tax on national banking associations and production credit associations (Article 9-C of the Tax Law), motor fuel and diesel motor fuel taxes (Article 12-A of the Tax Law), unrelated business income tax (Article 13 of the Tax Law), petroleum businesses tax (Article 13-A of the Tax Law), taxes on alcoholic beverages (Article 18 of the Tax Law), taxes on boxing and wrestling exhibitions (Article 19 of the Tax Law), tax on cigarettes and tobacco products (Article 20 of the Tax Law), highway use tax (Article 21 of the Tax Law), interest payable by an employer with respect to income taxes required to be withheld and paid over by the employer pursuant to Part V of Article 22 of the Tax Law, State and local sales and use taxes administered by the Commissioner of Taxation and Finance (Articles 28 and 29 of the Tax Law), special tax on passenger car rentals (Article 28-A of the Tax Law), real estate transfer tax (Article 31 of the Tax Law), franchise tax on banking corporations (Article 32 of the Tax Law), franchise taxes on insurance corporations (Article 33 of the Tax Law), tax on independently procured insurance (Article 33-A of the Tax Law), the special assessments on hazardous waste (section 27-0923 of the Environmental Conservation Law), waste tire management and recycling fee (section 27-1913 of the Environmental Conservation Law), and underpayments or overpayments of the mortgage recording tax (Article 11 of the Tax Law) in cities having a population of one million or more.

No underpayment rate set hereby for the period of April 1, 2009, until April 6, 2009 shall be less than 6 percent per annum. For the period of April 7, 2009, until June 30, 2009 no underpayment rate shall be less than 7 and one-half percent per annum. The underpayment rate for State and local sales and use taxes administered by the Commissioner of Taxation and Finance for the period of April 1, 2009, until April 6, 2009 shall not be less than 14 percent per annum. The underpayment rate for State and local sales and use taxes administered by the Commissioner of Taxation and Finance for the period of April 7, 2009, until June 30, 2009 shall not be less than 14 and one-half percent per annum. The underpayment rate for the special assessments on hazardous waste imposed by section 27-0923 of the Environmental Conservation Law shall be 15 percent.

For further information, including rates for previous periods, contact: John W. Bartlett, Taxpayer Guidance Division, Department of Taxation & Finance, W.A. Harriman Campus, Albany, NY 12227, (518) 457-2773

Town of Thompson 4052 State Route 42 Monticello, NY is soliciting proposals from administrative service agencies relating to trust service, administration and/or funding of a Deferred Compensation Plan for the employees of the Town of Thompson, NY. They must meet the requirements of section 457 of the Internal Revenue Code and Section 5 of the State Finance Law, including all rules and regulations issued pursuant thereto.

A copy of the proposal questionnaire may be obtained from: Town of Thompson, Attn: Gary Lasher, Comptroller, 4052 Rte. 42, Monticello, NY, (845) 794-2500 ext. 307

All proposals must be received no later than 30 days from the date of publication in the New York State Register.

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2009-0107 Matter of Ridge Road Group, LLC., 295 Main Street, Suite 210, Buffalo, NY 14203 for a variance concerning the requirements for fire rated protection for window openings above adjoining roofs.

Involved is the addition and installation of a covered non-combustible walkway attached to an existing 6 story building of transient multiple dwelling occupancy, located at 162 Slade Avenue, Town of West Seneca, County of Erie, State of New York.

2009-0157 Matter of Olivia Warburton, 280 Pine Ridge Road, Cheetowaga, NY 14225 for a variance concerning the requirements for occupant load calculations, sprinkler system and plumbing fixtures.

Involved is the alterations to an existing one story building, heavy timber construction, for assembly occupancy, located at 280 Pine Ridge Road, Town of Cheektowaga, County of Erie, State of New York.

2009-0162 Matter of David Wiebolt, Architect, 41 Dolson Avenue, Middletown, NY 10940 concerning fire safety requirements including, but not limited to, fire separation requirements between occupancies.

Involved is the conversion of a space within an existing building to be used as an Educational Occupancy known as "Inspire Kids, Monroe". The building is located at 45 Gilbert Street, Village of Monroe, County of Orange, State of New York.

2009-0164 Matter of Abiding Grace Community Church c/o Donald Gilbert, 530 Kenmore Ave, Buffalo, NY 14216 for a variance concerning the requirements for electrical wiring and handicap accessibility.

Involved is the change of occupancy of an existing one story building to an religious assembly occupancy, located at 524 Kenmore Avenue, City of Buffalo, County of Erie, State of New York.

2009-0165 Matter of Community Services for the Developmentally Disabled, Inc., 180 Oak Street, Buffalo, NY 14203 for a variance concerning the requirements for emergency egress openings in bedrooms.

Involved is the alterations to an existing one story, wood frame, one family dwelling located at 4799 Harlem Road, Town of Amherst, County of Erie, State of New York.

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for 158 MBF more or less of softwood sawtimber and 89 cords more or less of softwood and hardwood roundwood located on Albany Reforestation Area No. 3, Stand C-7, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, May 14, 2009.

For further information, contact: Mike Mulligan, Forester, Department of Environmental Conservation, Division of Lands and Forests, 1130 N. Westcott Rd., Schenectady, NY 12306, (518) 357-2159

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for white ash sawtimber, 103 trees, 23.1 MBF more or less; hard maple sawtimber, 46 trees, 9.3 MBF more or less; red oak sawtimber, 45 trees, 9.5 MBF more or less; red maple sawtimber, 28 trees, 4.7 MBF more or less; basswood sawtimber, 15 trees, 3.5 MBF more or less; black cherry sawtimber, 1 tree, .4 MBF more or less; misc. sawtimber, 7 trees, .6 MBF more or less; hardwood pulp and scrag logs, 1125 trees, 693 tons more or less, located on Chemung Reforestation Area No. 1, Catlin State Forest, Stands 6, 14 and 20 will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, May 14, 2009.

For further information, contact: Mark Keister, Senior Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 8, 7291 Coon Rd., Bath, NY 14810-9728, (607) 776-2165

Pursuant to Section 9-0505 of the Environmental Conservation Law, the NYS Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 18 cords more or less of spruce pulp, 130.2 MBF more or less of Norway spruce, 1,109 tons more or less of red pine, 2.7 MBF more or less of larch, 2.3 MBF more or less of black cherry, 0.4 MBF more or less of white ash, 0.2 MBF more or less of aspen, 0.1 MBF more or less of hard maple, 0.1 MBF more or less of red oak, 23 cords more or less of firewood located on Chenango Reforestation Area No. 19; Stands A-38, C-54 and C-57, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m. on Thursday, May 14, 2009.

For further information, contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Highway 80, Sherburne, NY 13460-4507, (607) 674-4036

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 36.9 +/- MBF of hard maple, 25.6 +/- MBF of white ash, 23.8 +/- MBF of black cherry, 2.3 +/- MBF of red maple, 1.7 +/- MBF of larch, 0.8+/- MBF of basswood, 0.5 +/- MBF of aspen, 0.1 +/- MBF of yellow birch, 116 +/- cords misc. hardwoods located on Madison Reforestation Area No. 1; Stands A-46, 47, 50 and 59 will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m. on Thursday, May 14, 2009.

For further information, contact: Robert Slavicek, Supervising Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 7, 2715 State Hwy. 80, Sherburne, NY 13460-4507, (607) 674-4036