New York Consolidated Laws
N.Y. Public Authorities Law § 354 (2026)
Powers of the authority
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 354. Powers of the authority. Except as otherwise limited by this title, the authority shall have power 1. To sue and be sued; 2. To have a seal and to alter the same at pleasure; 3. To acquire, hold and dispose of personal property for its corporate purposes; 4. To acquire and hold in the name of the state by purchase or appropriation real property or rights or easements therein and to sell, exchange, or otherwise dispose of any real property not necessary for its corporate purposes or whenever the board shall determine that it is in the interest of the authority; and upon such terms and conditions and uses as the board shall determine, to lease or to grant permits to occupy real property not presently required for thruway purposes but held for future use in carrying out its corporate purposes; 5. To make by-laws for its organization and internal management and, subject to agreements with noteholders or bondholders, rules and regulations governing the use of the thruways and all other properties and facilities under its jurisdiction, which shall be filed with the department of state in the manner provided by section one hundred two of the executive law; 6. To appoint officers, agents and employees and fix their compensation, provided, however, that the appointment of the executive director shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; subject however to the provisions of the civil service law, which shall apply to the authority as a municipal corporation other than a city; 7. To make contracts, and to execute all instruments necessary or convenient; 8. Subject to agreements with noteholders or bondholders, to fix and collect such fees, rentals and charges for the use of the thruway or any part thereof necessary or convenient, with an adequate margin of safety, to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of its notes or bonds, and to establish the rights and privileges granted upon payment thereof. 9. To retain and employ private consultants on a contract basis for rendering professional and technical assistance and advice; 10. To construct, reconstruct or improve on or along the thruway in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facilities; such facilities shall be publicly offered for leasing for operation, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine; 11. To construct and maintain over, under, along or across a thruway under its jurisdiction telephone, telegraph, television, electric power and other wires or cables, pipe lines, water mains and other conduits and mechanical equipment, not inconsistent with the appropriate use of the thruways, or to contract for such construction; and upon such terms and conditions as the board shall determine, to lease all or any part of such property and facilities or the right to use the same, whether such facilities are constructed by the authority or under a contract for such construction, or to lease the right to construct and use such facilities or to grant permits or easements for such purposes to any governmental agency of the state of New York or to any public corporation, or to the United States of America or any governmental agency thereof for any public purposes or to individuals, partnerships and corporations, provided, however, that no lease or renewal thereof shall be granted for a period of more than thirty years from the date when such lease is made; 12. To borrow money and issue negotiable notes, bonds or other obligations and to provide for the rights of the holders thereof; 13. To enter on any lands, waters, or premises for the purpose of making borings, soundings, and surveys; 14. To accept any gifts or any grant of funds or property from the federal government or from the state of New York or any other federal or state public body or political subdivision or any other person and to comply with the terms and conditions thereof; 15. To do all things necessary or convenient to carry out its purposes and exercise the powers expressly given in this title.
Notes of Decisions
Cited in 8
cases, 1985–2007 · leading case: Martin v. Hennessy, 147 A.D.2d 800 (N.Y. App. Div. 3d Dep't 1989).
Martin v. Hennessy, 147 A.D.2d 800 (N.Y. App. Div. 3d Dep't 1989). “Thus, there is no question that respondent, in appointing employees, must abide by the Civil Service Law (see, Public Authorities Law § 354 [6]). It is empowered "[t]o appoint officers, agents and employees and fix their compensation; subject however to the provisions of the…”
New York Pub. Interest Rsch. Grp., Inc. v. New York State Thruway Auth., 565 N.E.2d 1259 (N.Y. 1990). “” Indeed, among the many powers Public Authorities Law § 354 gives the Authority are the power to sue and be sued, to acquire, hold and dispose of personal property, to make contracts, to borrow money and issue bonds and to fix and collect fees, rentals and charges for the use…”
Pishotti v. New York State Thruway Auth., 38 A.D.3d 1122 (N.Y. App. Div. 3d Dep't 2007). “These bylaws relate only to the organization and internal management of respondent (see NY Const, art IV § 8; Executive Law § 102 [2]; Public Authorities Law § 354 [5]). Lastly, we disagree with petitioner that the refusal to allow him to withdraw his letter of resignation…”
Loyal Tire & Auto Ctr., Inc. v. New York State Thruway Auth., 227 A.D.2d 82 (N.Y. App. Div. 3d Dep't 1997). “Respondent has complete discretion as to how it will function and may decide what regulations to promulgate in overseeing the Thruway (Public Authorities Law §§ 354, 359). We thus conclude that State Administrative Procedure Act article 3 is not applicable.”
Bonaventure v. New York State Thruway Auth., 108 A.D.2d 1002 (N.Y. App. Div. 3d Dep't 1985). “, 5 NY2d 420 )” (Cantor v State of New York, 43 AD2d 872, 873 ), and with the power to sue and be sued (Public Authorities Law § 354 [1]). While the Attorney-General may represent the Authority in legal matters (Public Authorities Law § 362), he has never been designated, by…”
State v. Liberty Mut. Ins., 23 A.D.3d 1084 (N.Y. App. Div. 4th Dep't 2005). “, 108 AD2d 1002, 1003 [1985]), including entering into contracts separate *1086 and apart from the State (see Public Authorities Law § 354 [7]; Plumbing, Heating, Piping & A.”
New York Pub. Interest Rsch. Grp., Inc. v. New York State Thruway Auth., 155 A.D.2d 861 (N.Y. App. Div. 3d Dep't 1989). “Respondent New York State Thruway Authority (hereinafter the Authority), in accordance with its statutory grant, determined that an increase in the amount of the tolls on the Thruway was warranted (see, Public Authorities Law § 354 [8]). Pursuant to Public Authorities Law § 2804…”
AT/COMM, Inc. v. Tufo, 200 A.D.2d 319 (N.Y. App. Div. 3d Dep't 1994). “Rather, we found that such contract more appropriately fell within the Thruway Authority’s "otherwise unrestricted discretion 'to make contracts, and to execute all instruments necessary or convenient’ to carry out its purposes” (supra, at 861, quoting Public Authorities Law §…”
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