open air question

Hi, still a newbie here. Have a 2000 saab 9-5 lpt 4 sped auto and still running the original ecu tune. The original turbo was replaced with a td04 and I am considering an ecu tune. Already have a bigger magnaflow exhaust on it.

Anyways, I am considering an open air intake and was curious about something. All the three inch filters say on the box something like: not emissions legal in applicable states unless a direct replacement of original filter. Here in NY we have the stricter emissions. Does the deleting of the airbox and clamping the filter right onto the intake make it technically illegal?

thanks