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). · cites it 3× “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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