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2002 NY Att'y Gen. Rep. & Op. [i] (2002)

handle is hein.nyattgen/nysag0117 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
ATTORNEY GENERAL
Opn. No. F 2002-1
NOT-FOR-PROFIT CORPORATION LAW §§202(a)(16), 204,508.
Charging dual rates will not jeopardize the not-for-profit status of
childcare centers located at New York State facilities under the New
York Not-For-Profit Corporation Law. Our conclusion is limited to the
application of the New York Not-For-Profit Corporation Law. This
opinion does not address the possible ramifications of charging dual
rates under other laws or regulations.
. You have requested an opinion on behalf of the Family
Benefits Labor-Management Committee (Committee) re-
garding whether childcare centers located at New York State
facilities may retain their not-for-profit status if they charge
the general public more than State employees and SUNY
students. The Governor's Office of Employee Relations (OER)
has a direct interest in this matter because the not-for-profit
childcare centers were established to control costs for State
employees. We conclude that charging dual rates will not
jeopardize the not-for-profit status of the childcare centers
under the New York Not-For-Profit Corporation Law.
Our conclusion is limited to the application of the New York

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