New York Consolidated Laws

N.Y. Second Class Cities Law § 22 (2026)

Officers, trustees of public property

✓ current as of May 2026
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§ 22. Officers, trustees of public property. The common council and
the several members thereof, and all officers and employees of the city
are hereby declared trustees of the property, funds and effects of said
city respectively, so far as such property, funds and effects are or may
be committed to their management or control, and every taxpayer residing
in said city is hereby declared to be a cestui que trust in respect to
the said property, funds and effects respectively; and any co-trustee or
any cestui que trust shall be entitled as against said trustees and in
regard to said property, funds and effects to all the rules, remedies
and privileges provided by law for any co-trustee or cestui que trust;
to prosecute and maintain an action to prevent waste and injury to any
property, funds and estate held in trust; and such trustees are hereby
made subject to all the duties and responsibilities imposed by law on
trustees, and such duties and responsibilities may be enforced by the
city or by any co-trustee or cestui que trust aforesaid. The remedies
herein provided shall be in addition to those now provided by law.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1987–2023 · leading case: Town of Coeymans v. City of Albany, 284 A.D.2d 830 (N.Y. App. Div. 2001).
Town of Coeymans v. City of Albany, 284 A.D.2d 830 (N.Y. App. Div. 2001). · cites it 4× “2) against the City respondents and the landowner respondents, alleging that their actions violated SEQRA, General Municipal Law § 51 and Second Class Cities Law § 22. Supreme Court agreed that the Common Council had violated SEQRA, rejected the City respondents’ two principal…”
Montecalvo v. City of Utica, 170 Misc. 2d 107 (N.Y. Sup. Ct. 1996). · cites it 3× “Defendants have moved to dismiss the amended verified complaint of plaintiffs in this action for declaratory and injunctive relief based upon causes of action arising under Second Class Cities Law § 22, General Municipal Law § 51, article IX (§ 1 [h]) of the New York…”
Hampton Heights Dev. Corp. v. Bd. of Water Supply, 136 Misc. 2d 906 (N.Y. Sup. Ct. 1987). “Under section 11 of the Second Class Cities Law, the Comptroller is an elective officer of the city and is designated, under Second Class Cities Law § 22, as a trustee of the "property, funds and effects of said city”.”
Belardo v. City of Schenectady, 28 A.D.3d 986 (N.Y. App. Div. 2006). “Initially, we are unpersuaded by petitioner’s contentions that *988 respondents violated various statutory provisions by not conveying the subject properties to the highest bidder in the first instance.”
Matter of Columbus Monument Corp. v. City of Syracuse, 2023 NY Slip Op 04000 (N.Y. App. Div. 2023). “v Bartlett , 40 NY2d 571, 574 [1976]; see generally Second Class Cities Law § 22; Montecalvo v City of Utica , 170 Misc 2d 107, 110-112 [Sup Ct, Oneida County 1996], affd 233 AD2d 960 [4th Dept 1996], appeal dismissed 89 NY2d 938 [1997]).”
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