§ 10. Disposal of buildings and improvements on state lands, or on
lands under lease to the state. 1. Except as provided in subdivision two
of this section, whenever the head of any agency, board, division or
commission, with the approval of the director of the budget, (a) shall
certify to the commissioner of general services that any property on
state land or on land under lease to the state and consisting of
buildings with or without fixtures attached thereto, and any other
improvements upon such lands, are unfit, not adapted or not needed for
use by such agency, board, division or commission and (b) shall
recommend for reasons to be stated, that the said property should be
disposed of, the commissioner of general services shall, after causing
an investigation to be made, dispose of said property by sale or
demolition as will best promote the public interest. Public notice of a
proposed sale where the value of the property to be sold exceeds five
thousand dollars shall be given by advertising at least once in a
newspaper published and having a general circulation in the county in
which such lands are located and in such other newspaper or newspapers
as the commissioner of general services may deem to be necessary. Such
advertisement shall give a general description and location of the
property and the terms of the sale and the date on which proposals for
the same will be received by the commissioner of general services.
Should any or all of the offers so received be deemed by the
commissioner of general services to be too low, he or she may dispose of
such property so advertised at private sale within ninety days of the
opening of the bids, provided that no such private sale shall be
consummated at a price lower than that submitted as a result of public
advertising. The commissioner of general services shall also have the
power to demolish such property either by contract or, if such property
is located on lands which are under the jurisdiction of the department
of corrections and community supervision, the work of such demolition
may be done by the incarcerated individuals of the institution where
such property is located, provided however that the commissioner of
corrections and community supervision shall consent to the employment of
the incarcerated individuals for the work of demolition. The provisions
of this subdivision shall be effective notwithstanding the provisions of
any other general or special law relating to the disposal of buildings
with the fixtures attached thereto or of any improvements upon lands
belonging to or under lease to the state, and any such statute or parts
thereof relating to such disposal of buildings, fixtures and
improvements insofar as they are inconsistent with the provisions of
this section are hereby superseded. A record of any such sale shall be
filed with the state agency head above referred to and the proceeds of
such sale or disposal shall be paid into the treasury of the state to
the credit of the capital projects fund.

2. The provisions of subdivision one of this section shall not apply
to any buildings or parts thereof or to any other improvements upon
lands that have been or that shall hereafter be acquired by the
commissioner of transportation for purposes connected with the
construction, reconstruction, improvement or maintenance of a state
highway or other duly authorized project or to any buildings or parts
thereof or to any other improvements upon lands that have been or that
shall hereafter be acquired by the trustees of the state university of
New York for purposes connected with the construction, reconstruction,
rehabilitation, improvement or maintenance of the facilities or
installations of the state university or other duly authorized project.
In any such project, the commissioner of transportation or in the case
of a duly authorized project of the state university, the trustees of
the state university may (a) provide in any agreement of adjustment with
the claimant who owned such buildings or improvements for the disposal
of such buildings or improvements by removal, (b) provide for the
demolition of such buildings or improvements, (c) permit, on such terms
as he or she or such trustees, as the case may be, may deem beneficial
to the state, the temporary use and occupancy of such buildings or
improvements pending prosecution of actual construction work on the
project, or (d) dispose of such buildings or improvements by such other
arrangement as the commissioner of transportation or the trustees of the
state university, as the case may be, may deem advisable. The use or
occupancy of any such property pursuant to any license, lease or permit
under the provisions of this section and the right of the commissioner
of transportation or the trustees of the state university, as the case
may be, as agent for the state, to recover possession of any such
building or improvement or of the property upon which it is located
shall not be subject to the emergency housing rent control law. Where it
is necessary to cause the removal of an occupant of any such property,
the commissioner of transportation or the trustees of the state
university, as the case may be, as agent for the state, may cause such
occupant to be removed therefrom and the immediate possession thereof to
be delivered to him or her or to them, as the case may be, as agent of
the state in the same manner and by the same proceedings in the same
court or before the same judge or justice as is now or hereafter may be
provided by law for the removal of a tenant holding over after the
expiration of his or her term without the permission of the landlord.
The proceedings shall be brought in the name of the commissioner of
transportation or the trustees of the state university, as the case may
be, as agent of the state, and include as part of the relief a judgment
for any amounts which may be due for said occupancy. All monies received
by the trustees of the state university pursuant to this section shall
be paid into the state university income fund as established pursuant to
subdivision four of section three hundred fifty-five of the education
law.