§ 72 Control and suppression of disease
§ 72-A Feeding of garbage, offal or carcasses to cattle, swine or poultry prohibited
§ 73 Report of disease
§ 73-A Unlawful sale of tuberculous cattle
§ 73-B The New York state veterinary diagnostic laboratory
§ 74 Regulations relating to importation
§ 75 Sanitary regulations
§ 76 Quarantine on animals or premises
§ 77 Examination by veterinarian prerequisite to destruction of animal
§ 78 Examination of domestic animals
§ 79 Examination at request of owner; segregation; grading of herds
§ 80 Certificate to healthy herds
§ 81 Sale, removal or slaughter of animals affected with tuberculosis
§ 82 Appraisers
§ 83 Appraisal of diseased animals
§ 85 Destruction of animals; disposition of carcasses
§ 86 Post-mortem examination of animals
§ 87 Payments for animals killed
§ 87-A Domestic fowl and fertile eggs thereof
§ 88 Indemnity
§ 89 Control of vaccines, serums and other preparations
§ 90 Examination of cattle for Bang’s disease
§ 90-A Declaration of policy and purposes
§ 90-B Definitions
§ 90-C Prohibitions
§ 90-D Application and permit fees
§ 90-E Refusing and revoking permits
§ 90-F Proceedings to review
§ 90-G Records
§ 90-H Violations; remedies
§ 91 Hog cholera and pseudorabies control; indemnity
§ 95 Protecting the breeding of pure bred stock
§ 95-A Animal ear tags or other identification
§ 95-B False pedigree of animals
§ 95-C Examination of horses for equine infectious anemia
§ 96 Certificates of registry of domestic animals

Terms Used In New York Laws > Agriculture and Markets > Article 5 - Diseases of Domestic Animals; Calves and Veal; Pure Bred Stock; Certificates of Registry

  • Adirondack landfill project: means a project undertaken by the state and a municipality or municipalities, where such project has the effect of eliminating the potential for the disposal of waste originating outside the Adirondack park at a municipal solid waste landfill located within the Adirondack park. See N.Y. Environmental Conservation Law 56-0403
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agency shop fee deduction: means the obligation or practice of a government to deduct from the salary of a public employee who is not a member of the certified or recognized employee organization which represents such employee for the purpose of collective negotiations conducted pursuant to this article, an amount equivalent to the amount of dues payable by a member. See N.Y. Civil Service Law 201
  • agreement: means the result of the exchange of mutual promises between the chief executive officer of a public employer and an employee organization which becomes a binding contract, for the period set forth therein, except as to any provisions therein which require approval by a legislative body, and as to those provisions, shall become binding when the appropriate legislative body gives its approval. See N.Y. Civil Service Law 201
  • Allegation: something that someone says happened.
  • Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • auction: means a public sale of cattle, swine or horses to the highest bidder. See N.Y. Agriculture and Markets Law 90-B
  • auctioneer: means a person who sells, or makes a business of selling cattle, swine or horses, at auction. See N.Y. Agriculture and Markets Law 90-B
  • Authorized internet entity: means any business, organization or other entity providing or offering a service over the internet which permits persons under eighteen years of age to access, meet, congregate or communicate with other users for the purpose of social networking. See N.Y. Correction Law 168-A
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • board: means the public employment relations board created by section two hundred five of this article. See N.Y. Civil Service Law 201
  • Board: means the correction medical review board. See N.Y. Correction Law 40
  • Board: means the "board of examiners of sex offenders" established pursuant to section one hundred sixty-eight-l of this article. See N.Y. Correction Law 168-A
  • board: means "board of directors". See N.Y. Banking Law 1001
  • camelid: means the entire family of camelidae. See N.Y. Agriculture and Markets Law 90-B
  • Cathode ray tube: means a vacuum tube or picture tube used to convert an electronic signal into a visual image. See N.Y. Environmental Conservation Law 27-2601
  • cattle: means the entire family of bovidae. See N.Y. Agriculture and Markets Law 90-B
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See N.Y. Environmental Conservation Law 37-0901
  • chief legal officer: means (a) in the case of the state of New York or a state public authority, the attorney general of the state of New York, (b) in the case of a county, city, town, village or school district, the county attorney, corporation counsel, town attorney, village attorney or school district attorney, as the case may be, and (c) in the case of any such government not having its own attorney, or any other government or public employer, the corporation counsel of the city in which such government or public employer has its principal office, and if such principal office is not located in a city, the county attorney of the county in which such government or public employer has its principal office. See N.Y. Civil Service Law 201
  • child care product: means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups. See N.Y. Environmental Conservation Law 37-0503
  • Child care product: means a consumer product intended for use by children under three years of age, such as baby products, toys, car seats, nursing pillows, crib mattresses, and strollers. See N.Y. Environmental Conservation Law 37-0703
  • Children: means a person or persons aged twelve and under. See N.Y. Environmental Conservation Law 37-0901
  • City: means the City of New York. See N.Y. Correction Law 150
  • coastal rehabilitation project: shall mean those projects which serve a public purpose for beach nourishment necessary to maintain the natural functions of beach areas, maintenance of the natural passage of sand along coastal areas, emergency breach closures and similar activities undertaken by the state, a municipality, or a not-for-profit corporation which demonstrates to the commissioner's satisfaction that it is financially and otherwise capable of operating and maintaining the project, for the restoration and rehabilitation of coastal areas diminished, damaged or destroyed by natural forces. See N.Y. Environmental Conservation Law 54-1103
  • Commission: means the state commission of correction. See N.Y. Correction Law 40
  • Commission: means the local conditional release commission. See N.Y. Correction Law 270
  • Commissioner: means the commissioner of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "commissioner" shall mean the correctional administrator of the City. See N.Y. Correction Law 150
  • Commissioner: shall mean the commissioner of environmental conservation except that within and for the purposes of title eleven of this article, the commissioner of parks and recreation. See N.Y. Environmental Conservation Law 51-0101
  • Commissioner: means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
  • Commissioner: means the commissioner of environmental conservation; except that within and for the purposes of the projects undertaken by the office pursuant to title nine of this article, the term shall mean the commissioner of the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
  • Commissioners: shall mean the state commissioner of environmental conservation and the state commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 49-0201
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means an electronic, magnetic, optical, electrochemical or other high-speed data processing device performing a logical, arithmetic or storage function, including a laptop computer and desktop computer, and includes any cable, cord, or wiring permanently affixed to or incorporated into such product, and may include both a computer central processing unit and a monitor; but such term shall not include an automated typewriter or typesetter, a portable hand-held calculator, a portable digital assistant, server, or other similar device. See N.Y. Environmental Conservation Law 27-2601
  • Computer peripheral: means a monitor; electronic keyboard; electronic mouse or similar pointing device; facsimile machine, document scanner, or printer intended for use with a computer; and includes any cable, cord, or wiring permanently affixed to or incorporated into any such product. See N.Y. Environmental Conservation Law 27-2601
  • Conservation easement: means an easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in section 49-0301 of this title, provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution. See N.Y. Environmental Conservation Law 49-0303
  • Construction agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
  • Consumer: means any person who purchases a mercury-added consumer product for use other than resale. See N.Y. Environmental Conservation Law 27-2101
  • Consumer: means a person located in the state who owns or uses covered electronic equipment, including but not limited to an individual, a business, corporation, limited partnership, not-for-profit corporation, the state, a public corporation, public school, school district, private or parochial school or board of cooperative educational services or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. See N.Y. Environmental Conservation Law 27-2601
  • Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-0901
  • Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-1001
  • Container: shall mean any portable device in which a material is stored, transported, treated, disposed of or otherwise handled. See N.Y. Environmental Conservation Law 27-2301
  • Contingency plan: means a document describing organized, planned and technically coordinated and financially feasible courses of action to be followed in case of emergency or other special conditions. See N.Y. Environmental Conservation Law 27-2301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means and includes all banks, trust companies, safe deposit companies, investment companies, mutual trust investment companies, and, to the extent not provided otherwise under any regulation of the superintendent of financial services promulgated pursuant to the provisions of section fourteen-e of this chapter, stock-form savings banks and stock-form savings and loan associations. See N.Y. Banking Law 1001
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correctional facility: means any institution operated by the state department of corrections and community supervision, any local correctional facility, or any place used, pursuant to a contract with the state or a municipality, for the detention of persons charged with or convicted of a crime, or, for the purpose of this article only, a secure facility operated by the office of children and family services. See N.Y. Correction Law 40
  • Cost: means the capital cost of a municipal landfill closure project or a municipal landfill gas management project, including engineering and architectural services, plans and specifications, consultant and legal services, and other direct capital expenses incident to such project, less any federal or other assistance for such project received or to be received. See N.Y. Environmental Conservation Law 54-0501
  • Cost: means the capital cost of a municipal recycling project including engineering and architectural services, surveys, plans and specifications; consultant and legal services; lands acquired pursuant to the conditions set forth in section 54-0709 of this title, and other direct capital expenses incident to such a project, less any federal assistance or other assistance received or to be received. See N.Y. Environmental Conservation Law 54-0701
  • Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from responsible parties or otherwise. See N.Y. Environmental Conservation Law 52-0101
  • Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from other parties. See N.Y. Environmental Conservation Law 54-0101
  • Cost: means the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any federal or state funds, other than those provided pursuant to this article, for such project received or to be received. See N.Y. Environmental Conservation Law 56-0101
  • Council: means the citizen's policy and complaint review council. See N.Y. Correction Law 40
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means each county in the state, except a county within the city of New York. See N.Y. Correction Law 270
  • County executive: means the county commissioner, county manager, county director or county president. See N.Y. Correction Law 270
  • Covered electronic equipment: means : a computer; computer peripheral; small electronic equipment; small-scale server; cathode ray tube; or television, as defined in this section. See N.Y. Environmental Conservation Law 27-2601
  • Covered flame retardant chemical: means any chemical that meets both of the following criteria: (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and (b) The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical. See N.Y. Environmental Conservation Law 37-1001
  • creosote: means a substance obtained from the high temperature treatment of coal and coal tar and that is used primarily as a wood preservative. See N.Y. Environmental Conservation Law 27-2501
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • deer: means any member of the family of cervidae. See N.Y. Agriculture and Markets Law 90-B
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the department of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "department" shall mean such administration. See N.Y. Correction Law 150
  • Department: shall mean the department of environmental conservation. See N.Y. Environmental Conservation Law 51-0101
  • Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 52-0101
  • Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 54-0101
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means any member of the governing board of a corporation, whether designated as director, trustee, manager, governor, or by any other title. See N.Y. Banking Law 1001
  • Discharge: shall mean the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of any solid waste, or solid waste constituent, including leachate, into or on any air, land or water. See N.Y. Environmental Conservation Law 27-2301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. Environmental Conservation Law 27-2101
  • Distributor: means a person who sells children's products to retail establishments on a wholesale basis. See N.Y. Environmental Conservation Law 37-0901
  • Division: means the division of criminal justice services as defined by section eight hundred thirty-seven of the executive law. See N.Y. Correction Law 168-A
  • Division: means the division of criminal justice services. See N.Y. Correction Law 270
  • drug: means any drug, as defined in subdivision seven of section sixty-eight hundred two of the education law. See N.Y. Environmental Conservation Law 27-2701
  • ear tag: means a unique, tamper-resistant device which, when affixed to the ears of cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Agriculture and Markets Law 90-B
  • Electronic display: means a consumer product with a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space. See N.Y. Environmental Conservation Law 37-1001
  • Electronic waste: means covered electronic equipment that has been discarded or is no longer wanted by its owner, or for any other reason enters the waste collection, recovery, treatment, processing, or recycling system. See N.Y. Environmental Conservation Law 27-2601
  • Electronic waste collection site: means a facility at a fixed or temporary site at which electronic waste is accepted from consumers and temporarily stored for more than five days in a calendar year before such waste is transported to an electronic waste consolidation facility or electronic waste recycling facility. See N.Y. Environmental Conservation Law 27-2601
  • Electronic waste consolidation facility: means a facility that receives and stores electronic waste for the purpose of organizing, categorizing or consolidating items of electronic waste before such waste is transported to an electronic waste recycling facility. See N.Y. Environmental Conservation Law 27-2601
  • Electronic waste recycling facility: means a facility at which electronic waste is recycled. See N.Y. Environmental Conservation Law 27-2601
  • Eligible incarcerated individuals: shall mean incarcerated individuals of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. See N.Y. Correction Law 87
  • employee organization: means an organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization (a) membership in which is prohibited by section one hundred five of this chapter, (b) which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin, or (c) which, in the case of public employees who hold positions by appointment or employment in the service of the board and who are excluded from the application of this article by rules and regulations of the board, admits to membership or is affiliated directly or indirectly with an organization which admits to membership persons not in the service of the board, for purposes of any provision of this article other than sections two hundred ten and two hundred eleven of this article. See N.Y. Civil Service Law 201
  • End of life vehicle: shall mean any motor vehicle sold, given, or otherwise disposed of as junk or salvage. See N.Y. Environmental Conservation Law 27-2301
  • entire board: means the total number of directors which a corporation would have if there were no vacancies. See N.Y. Banking Law 7002
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental restoration project: means a project to investigate or to remediate contamination pursuant to title five of this article. See N.Y. Environmental Conservation Law 56-0101
  • Environmentally sensitive lands project: means a state project to preserve aquifer recharge areas, areas of exceptional scenic beauty or exceptional forest character, open space, pine barrens, public access, trailways, unique character, wetlands, and wildlife habitat, as defined below:
    (a) "Aquifer recharge area" means the location at which water can enter an aquifer directly or indirectly. See N.Y. Environmental Conservation Law 52-0101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exceptional forest character: means forest possessed of such attributes as maturity of growth, scientific harvesting potential, aesthetic appeal or recreational opportunity. See N.Y. Environmental Conservation Law 52-0101
  • Exceptional scenic beauty: means land forms, water bodies, geologic formations and vegetation which possess significant scenic qualities or significantly contribute to scenic values. See N.Y. Environmental Conservation Law 52-0101
  • Exempt bag: means a bag:
    (a) used solely to contain or wrap uncooked meat, fish, or poultry;
    (b) bags used by a customer solely to package bulk items such as fruits, vegetables, grains, or candy;
    (c) bags used solely to contain food sliced or prepared to order;
    (d) bags used solely to contain a newspaper for delivery to a subscriber;
    (e) bags sold in bulk to a consumer at the point of sale;
    (f) trash bags;
    (g) food storage bags;
    (h) garment bags;
    (i) bags prepackaged for sale to a customer;
    (j) plastic carryout bags provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code, to carryout or deliver food; or
    (k) bags provided by a pharmacy to carry prescription drugs. See N.Y. Environmental Conservation Law 27-2801
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means all buildings, equipment, structures, and other stationary items located on a single site or adjacent sites and owned or operated by the same person (or by any person who controls, is controlled by, or is under common control with, such person). See N.Y. Environmental Conservation Law 37-0301
  • Facility: means any structure or site improvement including paths, trails, roads, bridges, ramps and buildings. See N.Y. Environmental Conservation Law 54-0101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal assistance: shall mean funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 52-0101
  • Federal assistance: means funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 54-0101
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Film plastic: means uncontaminated non-rigid film plastic packaging products composed of plastic resins, which include, but are not limited to, newspaper bags, dry cleaning bags and shrink-wrap. See N.Y. Environmental Conservation Law 27-2701
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gel foam mattress: means a mattress in which interior foam layers are composed of polyurethane foam or latex foam which has a polyurethane-based gel material either mixed with the foam or applied to the outer surface of polyurethane or latex foam, or a mattress in which the core or padding layers are composed solely of gel material. See N.Y. Environmental Conservation Law 37-1001
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good condition: shall mean no severe rusting, apparent structural defects or deteriorations and not leaking. See N.Y. Environmental Conservation Law 27-2301
  • Governing body: shall mean
    N.Y. Environmental Conservation Law 51-0101
  • Governing body: means
    (a) in the case of a town, a town board;
    (b) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;
    (c) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;
    (d) in the case of a public benefit corporation, the board of directors, members or trustees thereof;
    (e) in the case of a school district, the board of education thereof;
    (f) in the case of a supervisory district, the board of cooperative educational services thereof. See N.Y. Environmental Conservation Law 52-0101
  • Governing body: means :
    N.Y. Environmental Conservation Law 54-0101
  • Governing body: means :
    (a) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;
    (b) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;
    (c) in the case of a town, the town board;
    (d) in the case of a school district, the board of education thereof;
    (e) in the case of a supervisory district, the board of cooperative educational services thereof;
    (f) in the case of a public benefit corporation, the board of directors, members or trustees thereof;
    (g) in the case of a public authority, the governing board of directors, members, or trustees thereof;
    (h) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and
    (i) in the case of an Indian tribe, any governing body recognized by the United States or the state of New York. See N.Y. Environmental Conservation Law 56-0101
  • Grantor: The person who establishes a trust and places property into it.
  • Groundwater: shall mean water below the land surface in a saturated zone of soil or rock. See N.Y. Environmental Conservation Law 27-2301
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Heritage area project: means a project undertaken by or through a municipality, public benefit corporation or a not-for-profit corporation identified in a management plan prepared and approved by the commissioner of the office of parks, recreation and historic preservation in accordance with the provisions of section 35. See N.Y. Environmental Conservation Law 56-0101
  • High-priority chemical: means
    (a)

    a chemical designated pursuant to paragraph (a) of subdivision two of section 37-0905 of this title; and

    (b) a chemical adopted by the department pursuant to paragraph (b) of subdivision two of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901
  • Historic preservation project: means a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the state or national registers of historic places to protect the historic, cultural or architectural significance thereof or a project for planning or structural assessments for such properties. See N.Y. Environmental Conservation Law 54-0901
  • Historic preservation project: means :
    (a) State historic preservation projects. See N.Y. Environmental Conservation Law 52-0101
  • Historic preservation project: means a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the state or national registers of historic places, including, but not limited to, projects at zoos, botanical gardens, and aquaria, to protect the historic, cultural, archeological, or architectural significance thereof, or undertaken by the office of parks, recreation and historic preservation to improve, restore or rehabilitate state historic properties listed on the state or national registers of historic places to protect the historical, cultural or architectural significance thereof. See N.Y. Environmental Conservation Law 56-0101
  • horse: means the entire family of equidae. See N.Y. Agriculture and Markets Law 90-B
  • Hospital: means : (a) a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter; or (b) a secure treatment facility as defined in section 10. See N.Y. Correction Law 168-A
  • Hospitality personal care product: means a product provided by a hotel and intended to be applied to or used on the human body or any part thereof for cleansing, conditioning, or moisturizing. See N.Y. Environmental Conservation Law 27-3201
  • Hotel: means a building or portion of a building which is regularly used and kept open as such for the lodging of guests. See N.Y. Environmental Conservation Law 27-3201
  • Household hazardous waste: shall mean solid waste emanating from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas) which but for their point of generation, would be a hazardous waste under title 9 of article 27 of this chapter or a "pesticide" as defined in article 33 of this chapter. See N.Y. Environmental Conservation Law 54-0701
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means an institution in the state providing higher education as such term is defined in subdivision eight of section two of the education law. See N.Y. Correction Law 168-A
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internet identifiers: means electronic mail addresses and designations used for the purposes of chat, instant messaging, social networking or other similar internet communication. See N.Y. Correction Law 168-A
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Label: means a marker on the surface of covered electronic equipment conveying information; for the purposes of this title, labels must be permanent and can be attached, printed, engraved or incorporated in any other permanent way that is obvious and visible to users of the product. See N.Y. Environmental Conservation Law 27-2601
  • Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 54-0501
  • Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 56-0403
  • Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, at which solid waste will remain after closure, and which is not a landspreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 52-0101
  • Landfill gas management system: means an active system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 54-0501
  • Landfill gas management system: means a system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 56-0403
  • Lands: shall mean lands, improvements and structures thereon or rights, franchises, and interests therein, lands under water and riparian rights, and shall also mean any and all interests in lands less than full title, including without limitations, easements, permanent or temporary, rights of way, uses, leases, licenses, and any other estate, interests or right in lands, legal or equitable. See N.Y. Environmental Conservation Law 51-0101
  • Law enforcement agency having jurisdiction: means : (a)(i) the chief law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state or local conditional release; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or (iii) if there be no chief enforcement officer in such village, town, city or county, the division of state police and (b) in the case of a sex offender who is or expects to be employed by, enrolled in, attending or employed, whether for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town or city in which such institution is located; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in such village, town, city or county, the division of state police; and (iv) if such institution operates or employs a campus law enforcement or security agency, the chief of such agency and (c) in the case of a sex offender who expects to reside within a state park or on other land under the jurisdiction of the office of parks, recreation and historic preservation, the state regional park police. See N.Y. Correction Law 168-A
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • live poultry market: means any premises where poultry are assembled and held for sale and slaughter. See N.Y. Agriculture and Markets Law 90-B
  • Local correctional facility: means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth. See N.Y. Correction Law 40
  • Local correctional facility: means a local correctional facility as that term is defined in subdivision sixteen of section two of this chapter. See N.Y. Correction Law 168-A
  • Majority leader: see Floor Leaders
  • manufacture: means to produce, prepare, import, or compound a toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • Manufacturer: means a person who: (a) assembles or substantially assembles covered electronic equipment for sale in the state; (b) manufactures covered electronic equipment under its own brand name or under any other brand name for sale in the state; (c) sells, under its own brand name, covered electronic equipment sold in the state; (d) owns a brand name that it licenses to another person for use on covered electronic equipment sold in the state; (e) imports covered electronic equipment for sale in the state; or (f) manufactures covered electronic equipment for sale in the state without affixing a brand name. See N.Y. Environmental Conservation Law 27-2601
  • Manufacturer: means the producer of a plastic carryout bag or film plastic sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag or film plastic to the store. See N.Y. Environmental Conservation Law 27-2701
  • manufacturer: includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States. See N.Y. Environmental Conservation Law 37-0901
  • Manufacturer: means any person who manufactures mercury-added consumer products. See N.Y. Environmental Conservation Law 27-2101
  • Marine holding tank: means any container aboard any vessel, as defined in section two of the navigation law, that is designed and used for the purpose of collecting and storing treated or untreated sewage from marine toilets. See N.Y. Environmental Conservation Law 56-0101
  • Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
  • membership dues deduction: means the obligation or practice of a government to deduct from the salary of a public employee with his consent an amount for the payment of his membership dues in an employee organization. See N.Y. Civil Service Law 201
  • Mental abnormality: means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See N.Y. Correction Law 168-A
  • Mercury containing devices: shall mean any device or material into which elemental mercury or mercury compounds are intentionally added during the manufacture of such devices and which the continued presence of mercury is required to provide a specific characteristic, appearance or quality or to perform a specific function. See N.Y. Environmental Conservation Law 27-2301
  • Mercury-added component: means a motor vehicle component that contains greater than fifteen milligrams of mercury, which was intentionally added to such vehicle in order to provide a specific characteristic, appearance or quality, to perform a specific function, or for any other purpose. See N.Y. Environmental Conservation Law 27-2101
  • Minority leader: See Floor Leaders
  • Monitor: means a separate visual display component of a computer, whether sold separately or together with a computer central processing unit, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology, greater than four inches when measured diagonally, and its case, interior wires and circuitry, and any cable cord or wiring permanently affixed thereto or incorporated into such product. See N.Y. Environmental Conservation Law 27-2601
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal landfill closure project: means activities undertaken to close, including by reclamation, a landfill owned or operated by a municipality to achieve compliance with regulations promulgated by the department, or activities undertaken to implement a landfill gas management system. See N.Y. Environmental Conservation Law 54-0501
  • Municipal landfill closure project: means activities undertaken to close, including by reclamation, a landfill owned or operated by a municipality to achieve compliance with regulations promulgated by the department, or activities undertaken to implement a landfill gas management system project. See N.Y. Environmental Conservation Law 56-0403
  • Municipal landfill gas management project: means activities undertaken to implement a landfill gas management system at an active landfill which is owned or operated by a municipality. See N.Y. Environmental Conservation Law 54-0501
  • Municipal park project: means a project undertaken by a municipality or a not-for-profit corporation for the planning, structural assessment, acquisition, development or improvement of recreational facilities including construction of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 54-0901
  • Municipal park project: means a project including an urban cultural park undertaken by a municipality for the acquisition, development or improvement of outdoor or indoor recreation facilities, including, but not limited to site acquisition, improvement, construction, reconstruction and improvement of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 52-0101
  • Municipality: except as otherwise defined within this article, shall mean a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or any combination thereof. See N.Y. Environmental Conservation Law 51-0101
  • Municipality: except as otherwise defined within this article, means a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 52-0101
  • Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
  • Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 56-0101
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonresident student: means a person required to register as a sex offender in another jurisdiction who is enrolled on a full-time or part-time basis in any public or private educational institution in this state including any secondary school, trade or professional institution or institution of higher education. See N.Y. Correction Law 168-A
  • Nonresident worker: means any person required to register as a sex offender in another jurisdiction who is employed or carries on a vocation in this state, on either a full-time or a part-time basis, with or without compensation, for more than fourteen consecutive days, or for an aggregate period exceeding thirty days in a calendar year. See N.Y. Correction Law 168-A
  • Not-for-profit conservation organization: means a not-for-profit corporation organized inter alia for the conservation or preservation of real property and which has the power to acquire interests in real property. See N.Y. Environmental Conservation Law 49-0303
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under section 501(c)(3) of the federal internal revenue code. See N.Y. Environmental Conservation Law 52-0101
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 54-0101
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 56-0101
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: shall mean the state office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 49-0201
  • Office: means in the case of a bank or trust company its principal office, in the case of a safe deposit company, investment company or mutual trust investment company, its principal place of business and in the case of a foreign corporation the place of business designated in its license or its authorization pursuant to article five-C of this chapter, as the case may be, for the oldest agency or branch in this state of such foreign corporation. See N.Y. Banking Law 1001
  • Office: shall mean the office of parks and recreation. See N.Y. Environmental Conservation Law 51-0101
  • Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
  • Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
  • Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 56-0101
  • official backtag: means a unique device which, when affixed to cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Agriculture and Markets Law 90-B
  • Open space: means open or natural land in or near urban or suburban areas necessary to serve the scenic or recreation needs thereof. See N.Y. Environmental Conservation Law 52-0101
  • Open space land conservation project: means acquisition projects undertaken with willing sellers including, but not limited to, the purchase of conservation easements, undertaken by the commissioner, the commissioner of the office of parks, recreation and historic preservation or by municipalities pursuant to article twenty-five-AAA of the agriculture and markets law. See N.Y. Environmental Conservation Law 56-0101
  • Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible incarcerated individuals; availability and frequency of transportation of incarcerated individuals and visitors of incarcerated individuals to such facility; availability, content and frequency of programming for incarcerated individuals; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both incarcerated individuals and employees of such facilities. See N.Y. Correction Law 87
  • Operator: means a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. See N.Y. Environmental Conservation Law 27-2701
  • Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See N.Y. Banking Law 1001
  • Organohalogen flame retardant chemical: means a chemical that meets both of the following criteria:
    (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
    (b) The chemical contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine, bonded to carbon. See N.Y. Environmental Conservation Law 37-1001
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: shall mean any person or persons who owns a dwelling unit or commercial space located on real property. See N.Y. Environmental Conservation Law 27-2401
  • Panel: shall mean the alternate correctional facility review panel established pursuant to section eighty-nine-e of this article. See N.Y. Correction Law 87
  • Paper carryout bag: means a paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. See N.Y. Environmental Conservation Law 27-2801
  • Park project: means a project undertaken by a municipality, state agency, public benefit corporation, public authority, or not-for-profit corporation for the acquisition, development or improvement of parks, preserves, beaches, shorefronts, recreational sites and facilities including construction of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 56-0101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • patronage: means the amount of work performed as a member of a worker cooperative, measured in accordance with the certificate of incorporation and by-laws. See N.Y. Cooperative Corporations Law 90
  • Person: means any individual, business entity, partnership, company, corporation, not-for-profit corporation, association, governmental entity, public benefit corporation, public authority, firm, organization, or any other group of individuals, or any officer or employee or agent thereof. See N.Y. Environmental Conservation Law 27-2601
  • Person required to collect tax: means any vendor of tangible personal property subject to the tax imposed by subdivision (a) of section eleven hundred five of the tax law. See N.Y. Environmental Conservation Law 27-2801
  • Personal property: All property that is not real property.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • PFAS: shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. See N.Y. Environmental Conservation Law 37-0101
  • Pine barrens: means a natural community of such biota as pitch pine, jack pine, and scrub oak which may be found associated with a variety of natural resources. See N.Y. Environmental Conservation Law 52-0101
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plastic carryout bag: means a plastic carryout bag provided by a store to a customer at the point of sale. See N.Y. Environmental Conservation Law 27-2701
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • poultry: means a domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. See N.Y. Agriculture and Markets Law 90-B
  • poultry dealer: means any person who buys or sells poultry as a business enterprise. See N.Y. Agriculture and Markets Law 90-B
  • poultry transporter: means any person who transports poultry as a business enterprise. See N.Y. Agriculture and Markets Law 90-B
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See N.Y. Correction Law 168-A
  • Predicate sex offender: means a sex offender who has been convicted of an offense set forth in subdivision two or three of this section when the offender has been previously convicted of an offense set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public access: means access to lands for public use, including stream rights and waterways. See N.Y. Environmental Conservation Law 52-0101
  • Public body: means the state or a municipal corporation as that term is defined in section two of the general municipal law or the United States of America acting by and through the department of the interior. See N.Y. Environmental Conservation Law 49-0303
  • public employee: means any person holding a position by appointment or employment in the service of a public employer, except that such term shall not include for the purposes of any provision of this article other than sections two hundred ten and two hundred eleven of this article, judges and justices of the unified court system, persons holding positions by appointment or employment in the organized militia of the state and persons who may reasonably be designated from time to time as managerial or confidential upon application of the public employer to the appropriate board in accordance with procedures established pursuant to section two hundred five or two hundred twelve of this article, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to subdivision two of section two hundred eight of this chapter shall only become effective upon the termination of such period of unchallenged representation. See N.Y. Civil Service Law 201
  • public employer: means (i) the state of New York, (ii) a county, city, town, village or any other political subdivision or civil division of the state, (iii) a school district or any governmental entity operating a public school, college or university, (iv) a public improvement or special district, (v) a public authority, commission, or public benefit corporation, (vi) any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the state, or (vii) in the case of a county sheriff's office in those counties where the office of sheriff is an elected position, both the county and the sheriff, shall be designated as a joint public employer for all purposes of this article. See N.Y. Civil Service Law 201
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: shall mean lands, tenements and hereditaments. See N.Y. Environmental Conservation Law 27-2401
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recyclables recovery equipment: means structures, machinery or devices, singly or in combination, designed, constructed and required primarily to separate, process, modify, convert, treat, or prepare collected solid waste, which is included as part of a recyclables recovery program so that component materials or substances or recoverable resources may be used as a raw material for new products or for useful purposes other than for energy recovery, and for the collection and preparation for disposal of household hazardous waste. See N.Y. Environmental Conservation Law 54-0701
  • Recyclables recovery program: means a program undertaken by a municipality consistent with requirements of section one hundred twenty-aa of the general municipal law to provide for the environmentally sound recovery of recyclables, primarily involving the collection, aggregation and processing of recyclable materials for their use as raw materials for new products or for other useful purposes other than for energy recovery, through facilities planned, designed and constructed to ensure environmental protection and to maximize the potential for recyclables recovery. See N.Y. Environmental Conservation Law 54-0701
  • Recycle: means to separate, dismantle or process the materials, components or commodities contained in electronic waste for the purpose of preparing the materials, components or commodities for use or reuse in new products or components thereof, but not for energy recovery or energy generation by means of combustion, gasification, pyrolysis or other means. See N.Y. Environmental Conservation Law 27-2601
  • Recycling project: means recyclables recovery equipment, source separation equipment, a recyclables recovery program or any combination thereof required by a recyclables recovery program and the reimbursement to municipalities and not-for-profit corporations, as such terms are defined in section 54-0101 of this article, for the cost of a redemption center as defined in section 27-1003 of this chapter. See N.Y. Environmental Conservation Law 54-0701
  • registration number: means the number assigned to and that identifies a particular domestic animal, which number and the identifying characteristics of such domestic animal are set forth in a registry maintained by a breed association recognized by the department. See N.Y. Agriculture and Markets Law 90-B
  • release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means a person who sells covered electronic equipment to a person in the state through any means, including, but not limited to, transactions conducted through retail sales outlets, mail, catalogs, the telephone or the internet, or any electronic means. See N.Y. Environmental Conservation Law 27-2601
  • Reupholstered furniture: means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
  • Reuse: means the use of electronic waste that is tested and certified to be in good working order and which was removed from the waste stream for use for the same purpose for which it was manufactured, including the continued use of whole systems or components. See N.Y. Environmental Conservation Law 27-2601
  • sale: means any transfer for consideration of title or the right to use, from a manufacturer or retailer to a person, including, but not limited to, transactions conducted through retail sales outlets, catalogs, mail, the telephone, the internet, or any electronic means; this includes transfer of new products or used products that may have been refurbished by their manufacturer or manufacturer-approved party and that are offered for sale by a manufacturer or retailer, but does not include consumer-to-consumer second-hand transfer. See N.Y. Environmental Conservation Law 27-2601
  • Secretary: means the secretary of state. See N.Y. Environmental Conservation Law 54-0101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex offender: includes any person who is convicted of any of the offenses set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • Sex offense: means :
    (a)
    (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120. See N.Y. Correction Law 168-A
  • Sexual predator: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses. See N.Y. Correction Law 168-A
  • Sexually violent offender: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section. See N.Y. Correction Law 168-A
  • Sexually violent offense: means :
    (a)
    (i)a conviction of or a conviction for an attempt to commit any of the provisions of sections 130. See N.Y. Correction Law 168-A
  • sheep: means any member of the genus ovis. See N.Y. Agriculture and Markets Law 90-B
  • Small electronic equipment: means any portable digital music player that has memory capability and is battery-powered, video cassette recorder, a digital video disc player, digital video recorder, digital converter box, cable or satellite receiver, or electronic or video game console, and includes any cable, cord, or wiring permanently affixed to or incorporated into any such product. See N.Y. Environmental Conservation Law 27-2601
  • Small plastic bottle: means a plastic container with less than a twelve ounce capacity that is intended to be non-reusable by the end user. See N.Y. Environmental Conservation Law 27-3201
  • Small-scale server: means a computer that typically uses desktop components in a desktop form factor, but is designed primarily to be a storage host for other computers. See N.Y. Environmental Conservation Law 27-2601
  • Source separation equipment: shall mean :
    (a) Add-ons or trailers designed to modify collection vehicles to allow sorting and separation of collected wastes held for the purpose of recycling or collection vehicles whose function and design are exclusively for such purpose;
    (b) Containers for the source separation and temporary storage of recyclable wastes by residents or business prior to collection;
    (c) Bins, sheds or other facilities for the temporary storage of materials prior to transport for the purposes of recycling. See N.Y. Environmental Conservation Law 51-0903
  • Source separation equipment: means municipally-owned:
    N.Y. Environmental Conservation Law 54-0701
  • State agency: means :
    (a) each state department;
    (b) division of military and naval affairs, division of state police, division of housing and community renewal, division for youth, office of general services, office of parks, recreation and historic preservation, and state university of New York;
    (c) any division, board, commission, office, or bureau of any state department which is required to obtain a permit issued by the department or which undertakes an activity for which it must register with the department; and
    (d) dormitory authority of the state of New York, facilities development corporation, metropolitan transportation authority (including the operations of all of its operating units), New York state energy research and development authority, New York state environmental facilities corporation, New York state olympic regional development authority, New York state thruway authority, New York state urban development corporation, port authority of New York and New Jersey, and power authority of the state of New York. See N.Y. Environmental Conservation Law 37-0301
  • State assistance payment: means the payment of monies by the state for projects authorized by the environmental protection fund, to preserve, enhance, restore and improve the quality of the state's environment. See N.Y. Environmental Conservation Law 54-0101
  • State assistance payment: means payment of the state share of the cost of projects authorized by this act to preserve, enhance, restore and improve the quality of the state's environment. See N.Y. Environmental Conservation Law 56-0101
  • state public authority: means a public benefit corporation or public corporation, a majority of the members of which are (i) appointed by the governor or by another state officer or body, (ii) designated as members by virtue of their state office, or (iii) appointed or designated by any combination of the foregoing. See N.Y. Civil Service Law 201
  • Statute: A law passed by a legislature.
  • Store: means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and (a) has over ten thousand square feet of retail space, or (b) such retail establishment is part of a chain engaged in the same general field of business which operates five or more units of over five thousand square feet of retail space in this state under common ownership and management. See N.Y. Environmental Conservation Law 27-2701
  • strike: means any strike or other concerted stoppage of work or slowdown by public employees. See N.Y. Civil Service Law 201
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface water: shall mean lakes, bays, sounds, ponds, impounding reservoirs, perennial streams and springs, rivers, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of New York state, and all other perennial bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private, pursuant to article 15 of this chapter. See N.Y. Environmental Conservation Law 27-2301
  • swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Agriculture and Markets Law 90-B
  • Television: means a display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, cable or satellite transmission, having a viewable area greater than four inches when measured diagonally. See N.Y. Environmental Conservation Law 27-2601
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • terms and conditions of employment: means :
    (a) salaries, wages, hours and other terms and conditions of employment provided, however, that such term shall not include any benefits provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees, or payment to retirees or their beneficiaries. See N.Y. Civil Service Law 201
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party enforcement right: means a right which may be granted in a conservation easement which empowers a public body or a not-for-profit conservation organization which is not a holder of the easement to enforce any of the terms of the easement. See N.Y. Environmental Conservation Law 49-0303
  • Ticking: means the outermost layer of fabric or related material that encloses the core and upholstery materials of a mattress or mattress pad. See N.Y. Environmental Conservation Law 37-1001
  • toxic chemical: means a substance on the list described in 42 U. See N.Y. Environmental Conservation Law 37-0301
  • Toy: means a product designed or intended by the manufacturer to be used by children at play. See N.Y. Environmental Conservation Law 37-0901
  • Trace contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product. See N.Y. Environmental Conservation Law 37-0901
  • Trailways: means recreational trails developed under guidelines established for the development of a statewide trails system. See N.Y. Environmental Conservation Law 52-0101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasury shares: means shares which have been issued, have been subsequently acquired, and are retained uncancelled by the corporation. See N.Y. Banking Law 1001
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • TRIS: shall include TCEP (TRIS (2-chloroethyl) phosphate) and TDCPP (TRIS (1,3-dichloro-2-propyl) phosphate). See N.Y. Environmental Conservation Law 37-0703
  • Trustee: A person or institution holding and administering property in trust.
  • Unique character: means lands of special natural beauty, wilderness character, geological, ecological or historical significance suitable for the state nature and historic preserve and similar lands within a forest preserve county outside the Adirondack and Catskill parks. See N.Y. Environmental Conservation Law 52-0101
  • Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001
  • Urban areas: means cities, villages or towns with a population density of greater than one thousand persons per square mile. See N.Y. Environmental Conservation Law 53-0303
  • Urban forestry: means the planning, establishment, protection and other management of trees and other vegetation in urban areas for present and potential contribution to the physiological, sociological, and economic well-being of urban society. See N.Y. Environmental Conservation Law 53-0303
  • Vector: shall mean a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds and vermin. See N.Y. Environmental Conservation Law 27-2301
  • Verdict: The decision of a petit jury or a judge.
  • Very bioaccumulative: means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5. See N.Y. Environmental Conservation Law 37-0901
  • Very persistent: means having a half-life greater than or equal to one of the following:
    (a) a half-life in soil or sediment of greater than one hundred eighty days;
    (b) a half-life greater than or equal to sixty days in water or evidence of long-range transport. See N.Y. Environmental Conservation Law 37-0901
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Waste reduction projects: means projects undertaken to reduce the volume or toxicity of material entering the municipal solid waste stream, by reducing the volume or toxicity of such material at the point of generation. See N.Y. Environmental Conservation Law 54-0701
  • Wetlands: means freshwater wetlands as defined in article twenty-four of this chapter and tidal wetlands as defined in article twenty-five of this chapter. See N.Y. Environmental Conservation Law 52-0101
  • Wildlife habitat: means specific areas essential for the conservation of threatened and endangered species which require special management considerations or protection for maintenance of such species. See N.Y. Environmental Conservation Law 52-0101
  • Work release program: means a program in which the limits of place of confinement are extended for the purpose of seeking or engaging in employment or self-employment, attending an educational institution, participating in a training program, or obtaining medical treatment not otherwise available, caring for the prisoner's household and family or for some other compelling reason consistent with the public interest. See N.Y. Correction Law 150