Terms Used In New York Laws > Agriculture and Markets > Article 21 - Milk Control

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• adverse information: means information that is likely to have a negative effect upon the ability or eligibility of a consumer to obtain credit, insurance, employment, or other benefits, goods or services or information that is either wholly or partially responsible for increases in charges for credit or insurance. See N.Y. General Business Law 380-A
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• 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.
• Amortization: Paying off a loan by regular installments.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Appearance enhancement business: means the business of providing any or all of the services licensed pursuant to this article at a fixed location. See N.Y. General Business Law 400
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• applicant: means a coin processor who has filed an application with the department for a license. See N.Y. General Business Law 419
• Apprentice: means a person pursuing in good faith a course of study in the practice of barbering under the tutelage, supervision and direction of a licensee and who assists such licensee in such practice. See N.Y. General Business Law 431
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Article of wearing apparel: means any costume or article of clothing worn or intended to be worn by individuals. See N.Y. General Business Law 500
• 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.
• bank: shall mean and include a state or national bank, trust company or savings institution incorporated under the laws and subject to the examination, supervision and control of any state or of the United States or of any insular possession thereof. See N.Y. General Business Law 359-E
• 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.
• Barber: means a person who engages in the practice of barbering. See N.Y. General Business Law 431
• Barber shop: means any store, establishment, place or premises or part thereof where the practice of barbering is engaged in. See N.Y. General Business Law 431
• barbering: means and includes the performance of the following practices upon the head of a human being for any purpose whatsoever except for the treatment of disease or of physical or mental ailments:
  
  (a) Shaving or trimming the beard or cutting the hair of humans;
  
  (b) Giving facial or scalp massage with oils, creams, lotions or other preparations, either by hand or mechanical appliances;
  
  (c) Singeing, shampooing, arranging, dressing or dyeing the hair or applying hair tonic;
  
  (d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face or neck. See N.Y. General Business Law 431
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Blaster: means a person who performs the act of preparation for detonation and the detonation of an explosive. See N.Y. General Business Law 481
• broker: shall mean and include any person, firm, association or corporation, other than a dealer, engaged in the business of effecting transactions in securities for the account of others within or from this state, but does not include a bank unless such bank is considered a broker under the federal securities exchange act of 1934. See N.Y. General Business Law 359-E
• Build-ready site: shall mean a site for which the authority has secured permits, property interests, agreements and/or other authorizations necessary to offer such site for further development, construction and operation of a renewable energy facility in accordance with the other provisions of this title. See N.Y. Public Authorities Law 1901
• Catalogue sale: shall mean any sale by means of printed material received by the consumer, including advertisements in newspapers, magazines or similar publications which contains the terms of sale, retail price, and instructions for ordering from which a consumer can order such unit. See N.Y. General Business Law 350-G
• Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• coin processing services: means the taking in, holding and counting of coins received by other businesses and exchanging such coins for an equivalent amount of money, currency, coins or negotiable instruments for a negotiated service fee. See N.Y. General Business Law 419
• coin processor: means any individual, partnership, association or corporation engaged in the business of providing coin processing services. See N.Y. General Business Law 419
• Commission: shall mean the public service commission. See N.Y. Public Authorities Law 1901
• Commissioner: means the commissioner of labor of the state of New York, except that any reference to the commissioner with respect to radioactive material, as defined in this article, or radiation equipment, as defined in this article, shall be a reference to the commissioner of health of the state of New York. See N.Y. General Business Law 481
• Commissioner: means the "industrial commissioner" of the state of New York. See N.Y. General Business Law 500
• Commodity: means , except as otherwise specified by the attorney general by rule, regulation or order, any agricultural, grain, animal, chemical, metal or mineral product or byproduct, any gem or gemstone (whether characterized as precious, semi-precious or otherwise), any fuel (whether liquid, gaseous or otherwise), any foreign currency, and any other good, article, or material. See N.Y. General Business Law 359-E
• Commodity: means any subject of commerce. See N.Y. General Business Law 369-C
• Commodity broker-dealer: means any person engaged in the business of selling or offering to sell commodities through commodity contracts to the public within or from the state of New York. See N.Y. General Business Law 359-E
• Commodity contract: means any account, agreement or contract for the purchase or sale of, or any option or right to purchase or sell, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, one or more commodities, whether for immediate or subsequent delivery or for storage and whether or not delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise. See N.Y. General Business Law 359-E
• Commodity investment advisor: means any person who, for compensation, within or from the state of New York, engages in the business of advising members of the public, either directly or through publications or writings, as to the advisability of investing in, purchasing, selling or holding commodity contracts. See N.Y. General Business Law 359-E
• Commodity salesperson: means any person employed by or representing a commodity broker-dealer in selling or offering for sale commodities through commodity contracts to the public within or from the state of New York. See N.Y. General Business Law 359-E
• 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.
• consumer: means an individual. See N.Y. General Business Law 380-A
• Consumer: means any natural person who is solicited to purchase or who purchases the services of a credit services business. See N.Y. General Business Law 458-B
• Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See N.Y. Agriculture and Markets Law 253
• consumer credit report: means a consumer report assembled, evaluated or maintained by a consumer credit reporting agency, bearing on a consumer's credit worthiness, credit standing, or credit capacity. See N.Y. General Business Law 380-A
• consumer credit reporting agency: means a consumer reporting agency that regularly engages in the practice of assembling or evaluating and maintaining, for the purpose of furnishing consumer credit reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, public record information and credit account information from persons who furnish that information regularly and in the ordinary course of business. See N.Y. General Business Law 380-A
• consumer report: means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or part for the purpose of serving as a factor in establishing the consumer's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, (ii) employment purposes, or (iii) other purposes authorized under section three hundred eighty-b of this article. See N.Y. General Business Law 380-A
• consumer reporting agency: means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to third parties. See N.Y. General Business Law 380-A
• Contaminant: shall mean only those physical, chemical, microbiological, or radiological substances in water for which a federal maximum contaminant level exists pursuant to the federal Safe Drinking Water Act or a state maximum contaminant level exists pursuant to the public health law or a guideline exists which has been established by the commissioner of health. See N.Y. General Business Law 350-G
• Contemplation of death: The expectation of death that provides the primary motive to make a gift.
• 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: 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.
• cosmetology: means providing the services described in subdivisions four, five and six of this section, providing service to the hair, head, face, neck or scalp of a human being, including but not limited to shaving, trimming, and cutting the hair or beard either by hand or mechanical appliances and the application of antiseptics, powders, oil, clays, lotions or applying tonics to the hair, head, or scalp, and in addition includes providing, for a fee or any consideration or exchange, whether direct or indirect, services for the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair of a human being. See N.Y. General Business Law 400
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Crane: includes but is not limited to cranes and equipment of the following types: a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier, tower cranes, hydraulic cranes and power-operated derricks; provided, however, that "crane" shall not include public utility company line trucks used by a public utility company in the construction and maintenance of its generation, transmission and distribution facilities. See N.Y. General Business Law 481
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Credit services business: means any person who sells, provides, or performs, or represents that he can or will sell, provide or perform, a service for the express or implied purpose of improving a consumer's credit record, history, or rating or providing advice or assistance to a consumer with regard to the consumer's credit record history or rating in return for the payment of a fee. See N.Y. General Business Law 458-B
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dealer: shall mean and include any person, firm, association or corporation engaged in the business of buying and selling securities from or to the public within or from this state for his or its own account, through a broker or otherwise, except a bank unless such bank is considered a dealer under the federal securities exchange act of 1934, but does not include any person, firm, association or corporation in so far as he or it buys or sells securities for his or its bona fide investment account, either individually or in some fiduciary capacity. See N.Y. General Business Law 359-E
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of state. See N.Y. General Business Law 400
• department: means the department of state. See N.Y. General Business Law 419
• Department: means the department of state. See N.Y. General Business Law 431
• Department: means the department of labor. See N.Y. General Business Law 500
• Departments: shall mean the department of environmental conservation, the department of agriculture and markets, the department of economic development and the department of public service. See N.Y. Public Authorities Law 1901
• Departments: shall mean the department of environmental conservation, the department of agriculture and markets, the department of economic development, and the department of public service. See N.Y. Public Authorities Law 1911
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the director of the division of milk control. See N.Y. Agriculture and Markets Law 253
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• division: means the division of criminal justice services. See N.Y. General Business Law 419
• Division: means the division of milk control created by this article. See N.Y. Agriculture and Markets Law 253
• Docket: A log containing brief entries of court proceedings.
• eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility. See N.Y. General Business Law 491
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• employment purposes: when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. See N.Y. General Business Law 380-A
• 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 justice area: shall mean a minority or low-income community that may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. See N.Y. Public Authorities Law 1901
• Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• esthetics: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology. See N.Y. General Business Law 400
• 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.
• Executor: A male person named in a will to carry out the decedent
• Fabric: means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• 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 Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• file: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See N.Y. General Business Law 380-A
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• freeze: means a notice placed in the consumer credit report of or relating to a consumer, at the request of such consumer and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer credit report, the contents of such report or the credit score of such consumer. See N.Y. General Business Law 380-A
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Host community: shall mean any municipality within which a major renewable energy facility, or any portion thereof, has been proposed for development. See N.Y. Public Authorities Law 1901
• 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.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• Interior furnishing: means any type of furnishing made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used in homes, offices, or other places of assembly or accommodation. See N.Y. General Business Law 500
• investigative consumer report: means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. See N.Y. General Business Law 380-A
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• Label: shall mean the written, printed or graphic matter (i) affixed or attached to or printed on the water treatment unit, or (ii) placed on or otherwise made a part of the containers or wrappers of such units. See N.Y. General Business Law 350-G
• Laser: means light amplification by simulated emission of radiation. See N.Y. General Business Law 481
• 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.
• Licensee: means a person licensed pursuant to this article to engage in the practice of natural hair styling, esthetics, nail specialty or cosmetology, or to operate an appearance enhancement business in which such practice, as herein defined, is provided to the public. See N.Y. General Business Law 400
• licensee: means a coin processor that has been issued a license in accordance with the provisions of this article. See N.Y. General Business Law 419
• Licensee: means a person permitted to engage in the practice of barbering pursuant to this article. See N.Y. General Business Law 431
• Licensee: means a licensed milk dealer. See N.Y. Agriculture and Markets Law 253
• 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.
• Manufacture: means "making" or "made" and includes converting, processing, altering, repairing, finishing, or preparing for sale any product, fabric or related material. See N.Y. General Business Law 500
• medical debt: means any obligation or alleged obligation of a consumer to pay any amount whatsoever related to the receipt of health care services, products, or devices provided by a hospital licensed under Article 28 of the public health law, a health care professional authorized under title eight of the education law, or an ambulance service certified under Article 30 of the public health law. See N.Y. General Business Law 380-A
• medical information: means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities. See N.Y. General Business Law 380-A
• Milk broker: means any person who buys and sells milk for licensees on a fee or commission basis or who arranges for or negotiates contracts to buy or sell milk among licensees. See N.Y. Agriculture and Markets Law 253
• Milk dealer: means any person who purchases, handles or sells milk, or bargains for the purchase or sale of milk, including brokers and agents. See N.Y. Agriculture and Markets Law 253
• Milk production area: as used in this article means those dairy farms maintained primarily as a source of fluid milk for a marketing area. See N.Y. Agriculture and Markets Law 258-L
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: shall mean a county, city, town or village or political subdivision. See N.Y. Public Authorities Law 1901
• nail specialty: means providing services for a fee or any consideration or exchange to cut, shape or to enhance the appearance of the nails of the hands or feet. See N.Y. General Business Law 400
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• natural hair styling: means providing for a fee, or any consideration or exchange, whether direct or indirect, any of the following services to the hair of a human being: shampooing, arranging, dressing, twisting, wrapping, weaving, extending, locking or braiding the hair or beard by either hand or mechanical appliances. See N.Y. General Business Law 400
• 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.
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• 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.
• Performance data sheet: shall mean a booklet, document, label or other printed material containing, at a minimum, the information required pursuant to section three hundred fifty-i of this article. See N.Y. General Business Law 350-G
• Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. General Business Law 350-G
• person: means any individual, partnership, corporation, trust, estate, co-operative, association, government or governmental subdivision, agency or other entity. See N.Y. General Business Law 380-A
• Person: means an individual, firm, limited liability company, partnership or corporation. See N.Y. General Business Law 400
• Person: means an individual, firm, company, partnership or corporation. See N.Y. General Business Law 431
• Person: includes an individual, corporation, partnership, joint venture, or any business entity. See N.Y. General Business Law 458-B
• Person: means an individual, partnership, corporation, association, or any other form of business enterprise. See N.Y. General Business Law 500
• Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 253
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Portable temporary shelter: shall include but shall not be limited to, any type of tent, fold-out or pop-up camping or tent trailer, recreational vehicle awning or add-on room or shelter, or screen house made in whole, or in part of fabric or related material. See N.Y. General Business Law 500
• 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.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• principal: shall mean and include every person or firm directly or indirectly controlling any broker or dealer. See N.Y. General Business Law 359-E
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means grower, baker, maker, manufacturer or publisher. See N.Y. General Business Law 369-C
• Producer: means a person producing milk. See N.Y. Agriculture and Markets Law 253
• Product: means any article of wearing apparel, interior furnishing, sleeping bag, or portable temporary shelter. See N.Y. General Business Law 500
• proper identification: means information generally deemed sufficient to identify a person. See N.Y. General Business Law 380-A
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• protected consumer: means an individual who is under the age of sixteen years at the time a request for the placement of a security freeze is made. See N.Y. General Business Law 380-A
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pupil: means a child for whom transportation aid is paid and who lives more than one and one-half miles from the school which he or she attends, measured by the nearest available road to such school, or a child who lives more than one mile from an approved route, measured by the nearest available road to such route, and also lives more than one and one-half miles from the school which he or she attends. See N.Y. Education Law 3621
• Pyrotechnician: means a person who performs the preparation for and the firing of pyrotechnics, as defined in Article 16 of the labor law. See N.Y. General Business Law 481
• Qualified laboratory: shall mean :
  
  a. See N.Y. General Business Law 350-G
• Quorum: The number of legislators that must be present to do business.
• Radiation equipment: means any equipment or device which can emit ionizing or non-ionizing radiation. See N.Y. General Business Law 481
• Radioactive material: means any material in any form that emits ionizing radiation spontaneously. See N.Y. General Business Law 481
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• record: means a compilation of information that (1) identifies a protected consumer; (2) is created by a consumer credit reporting agency solely for the purpose of complying with section three hundred eighty-u of this article; and (3) may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purpose listed in this article. See N.Y. General Business Law 380-A
• Regional or joint transportation system: means a transportation system in which a school district participates pursuant to a contract executed in accordance with paragraph h of subdivision twenty-five of section seventeen hundred nine of this chapter. See N.Y. Education Law 3621
• Related material: means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
• 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.
• Renewable energy technology: shall mean all methods used to generate, distribute, store, and support the use of renewable energy systems. See N.Y. Public Authorities Law 1911
• representative: means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer. See N.Y. General Business Law 380-A
• 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.
• Route: means a highway or highways over and upon which a school bus regularly travels in accordance with a schedule maintained for the transportation of pupils from their homes to school. See N.Y. Education Law 3621
• salesman: shall mean and include every person employed by a broker or dealer as said terms are defined in this section, for the purpose of representing such broker or dealer in the sale or purchase of securities to or from the public within or from this state. See N.Y. General Business Law 359-E
• Satisfactory: means satisfactory to the secretary of state. See N.Y. General Business Law 431
• School bus: means any vehicle or other means of conveyance used for the purpose of transporting pupils. See N.Y. Education Law 3621
• School district: means common school districts, to the extent that they provide transportation of students in grades seven through twelve to a school outside the district, consolidated school districts, central school districts, central high school districts, union free school districts, except special act school districts as defined in section four thousand one of this chapter, and city school districts. See N.Y. Education Law 3621
• Secretary: means the secretary of state. See N.Y. General Business Law 400
• secretary: means the secretary of state. See N.Y. General Business Law 419
• security freeze for a protected consumer: means (1) if a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that: (i) is placed on the protected consumer's record in accordance with section three hundred eighty-u of this article; and (ii) prohibits the consumer credit reporting agency from releasing the protected consumer's record except as provided in this section; or
  
  (2) if a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction that (i) is placed on the protected consumer's consumer credit report in accordance with this section; and (ii) prohibits the consumer credit reporting agency from releasing the protected consumer's consumer credit report or any information derived from the protected consumer's consumer credit report except as provided in this section. See N.Y. General Business Law 380-A
• 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.
• Small business: means a business which is independently owned and operated, and which is not dominant in the field of operation. See N.Y. Public Authorities Law 1695
• Small business set-aside: means a purchase request for which bids are to be invited and accepted only from small businesses by the chairman. See N.Y. Public Authorities Law 1695
• Small business set-asides: means a purchase request for which bids are to be invited and accepted only from small businesses by the chairman. See N.Y. Public Authorities Law 1695*2
• sold: includes offering or exposing for sale or exchange or hire or lease, or consigning or delivering in consignment for sale, exchange, hire or lease or holding in possession with like intent. See N.Y. General Business Law 500
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Storage: means any school bus garage facilities or sites which may be approved by the commissioner. See N.Y. Education Law 3621
• Store: means an individual business establishment at one location including a grocery store, hotel, restaurant, soda fountain, dairy products store, automatic milk vending machine, gasoline station or a similar mercantile establishment offering goods and/or services at retail to individual consumers. See N.Y. Agriculture and Markets Law 253
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• sufficient proof of authority: means documentation that shows a representative has authority to act on behalf of a protected consumer. See N.Y. General Business Law 380-A
• sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative of a protected consumer. See N.Y. General Business Law 380-A
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trainee: means a person pursuing in good faith a course of study in the practice of nail specialty under the tutelage, supervision and direction of a licensed nail practitioner. See N.Y. General Business Law 400
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Water treatment unit: shall mean a product, device or system designed for personal, family or household use and for which a claim or claims are made that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical or biological processes or combinations thereof. See N.Y. General Business Law 350-G
• waxing: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, or shoulders of a human being by the removal of hair by the use of depilatories, waxes or tweezing but shall not include the practice of electrology. See N.Y. General Business Law 400
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.