Terms Used In New York Laws > Mental Hygiene > Title B > Article 9 - Hospitalization of Persons With a Mental Illness

• 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.
• Affiliate: means :
  
  (1) a person that directly or indirectly owns, controls or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
  
  (i) as a fiduciary or agent without sole discretionary power to vote the securities; or
  
  (ii) solely to secure a debt, if the person has not in fact exercised the power to vote;
  
  (2) a corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote, by the debtor or a person that directly or indirectly owns, controls or holds, with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
  
  (i) as a fiduciary or agent without sole discretionary power to vote the securities; or
  
  (ii) solely to secure a debt, if the person has not in fact exercised the power to vote;
  
  (3) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
  
  (4) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See N.Y. Debtor and Creditor Law 270
• Allegation: something that someone says happened.
• 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.
• Asset: means property of a debtor, but the term does not include:
  
  (1) property to the extent it is encumbered by a valid lien;
  
  (2) property to the extent it is generally exempt under non-bankruptcy law; or
  
  (3) an interest in property held in tenancy by the entirety to the extent it is not subject to process by a creditor holding a claim against only one tenant. See N.Y. Debtor and Creditor Law 270
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Commissioner: means the head of the office of mental health. See N.Y. Mental Hygiene Law 7.03
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Creditor: means a person that has a claim. See N.Y. Debtor and Creditor Law 270
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: means liability on a claim. See N.Y. Debtor and Creditor Law 270
• Debtor: means a person that is liable on a claim. See N.Y. Debtor and Creditor Law 270
• Dependent: A person dependent for support upon another.
• director of community services: means the director of community services for the mentally disabled appointed pursuant to article forty-one of this chapter. See N.Y. Mental Hygiene Law 9.01
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Debtor and Creditor Law 270
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• in need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. See N.Y. Mental Hygiene Law 9.01
• in need of involuntary care and treatment: means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. See N.Y. Mental Hygiene Law 9.01
• Insider: includes :
  
  (1) if the debtor is an individual:
  
  (i) a relative of the debtor or of a general partner of the debtor;
  
  (ii) a partnership in which the debtor is a general partner;
  
  (iii) a general partner in a partnership described in subparagraph (ii) of this paragraph; or
  
  (iv) a corporation of which the debtor is a director, officer, or person in control;
  
  (2) if the debtor is a corporation:
  
  (i) a director of the debtor;
  
  (ii) an officer of the debtor;
  
  (iii) a person in control of the debtor;
  
  (iv) a partnership in which the debtor is a general partner;
  
  (v) a general partner in a partnership described in subparagraph (iv) of this paragraph; or
  
  (vi) a relative of a general partner, director, officer or person in control of the debtor;
  
  (3) if the debtor is a partnership:
  
  (i) a general partner in the debtor;
  
  (ii) a relative of a general partner in, a general partner of or a person in control of the debtor;
  
  (iii) another partnership in which the debtor is a general partner;
  
  (iv) a general partner in a partnership described in subparagraph (iii) of this paragraph; or
  
  (v) a person in control of the debtor;
  
  (4) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
  
  (5) a managing agent of the debtor. See N.Y. Debtor and Creditor Law 270
• 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.
• 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.
• Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See N.Y. Debtor and Creditor Law 270
• likely to result in serious harm: means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. See N.Y. Mental Hygiene Law 9.01
• need for retention: means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period. See N.Y. Mental Hygiene Law 9.01
• 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: means the office of mental health. See N.Y. Mental Hygiene Law 7.03
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal or commercial entity. See N.Y. Debtor and Creditor Law 270
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means anything that may be the subject of ownership. See N.Y. Debtor and Creditor Law 270
• qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 9.01
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Debtor and Creditor Law 270
• Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See N.Y. Debtor and Creditor Law 270
• 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.
• Statute: A law passed by a legislature.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.