§ 370. Definitions. As used or referred to in this article, unless a different meaning clearly appears from the context:

Terms Used In N.Y. Education Law 370

  • 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.
  • 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
  • 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.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.

1. "Comptroller" shall mean the state comptroller.

2. "Director of the budget" shall mean the state director of the budget.

3. "Dormitory" shall mean a housing unit or any emergency temporary housing, with necessary and usual attendant and related facilities and equipment, for the use of students, faculty and staff, and their families, at a state-operated institution or statutory or contract college under the jurisdiction of the state university.

4. "Facility" shall mean a classroom, lecture hall, library, laboratory or other academic building, a dormitory, or any structure on or improvement to real property of any kind or description, including fixtures and equipment which are an integral part of any such building, structure or improvement, a walkway or roadway, and improvements and connections for water, sewer, gas, electrical, telephone, heating, air conditioning and other utility services, at a state-operated institution or statutory or contract college under the jurisdiction of the state university.

5. "Federal government" shall mean the United States of America, and any officer, department, board, commission, bureau, division, corporation, agency or instrumentality thereof.

6. "Fund" shall mean the state university construction fund created by subdivision one of section three hundred seventy-one of this chapter.

7. "Letting agency" shall mean (i) the dormitory authority or other state agency which by agreement with the fund is to award the contracts for a particular construction, acquisition, reconstruction, rehabilitation or improvement project, or (ii) the fund if it is to award such contracts.

8. "Real property" shall mean lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the same term and includes also any and all interests in such property less than full title, such as easements permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments in every estate, interest or right, legal or equitable.

9. "State" shall mean the state of New York.

10. "State agency" shall mean any officer, department, board, commission, bureau, division, public benefit corporation, agency or instrumentality of the state.

11. "State-operated institutions" shall mean institutions comprising the state university as provided for in subdivision three of section three hundred fifty-two of this chapter but not including statutory or contract colleges.

12. "State retirement systems" shall mean (i) the New York state teachers' retirement system provided for in section five hundred two of this chapter and (ii) the New York state employees' retirement system provided for in § 10 of the retirement and social security law.

13. "State university" shall mean the state university of New York as defined in section three hundred fifty of this chapter.

14. "Statutory or contract colleges" shall mean colleges furnishing higher education, operated by private institutions on behalf of the state pursuant to statute or contractual agreements; provided that an institution not otherwise a statutory or contract college shall not become a statutory or contract college because of its receipt of state funds or financial assistance pursuant to section three hundred fifty-eight of this chapter, or by entering into any contract pursuant to that section.

  Previous section
Next section  
 Article 8-A Contents