Terms Used In New York Laws > Abandoned Property > Article 2
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Agency: means an authorized agency as defined in paragraphs (a) and (b) of subdivision ten of section three hundred seventy-one of the social services law, to which the care and custody or custody and guardianship of a child has been transferred or committed. See N.Y. Family Court Law 1087
- Appraisal: A determination of property value.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- caretaker: shall mean a person or persons, other than a parent of a child alleged or adjudicated to be a destitute child pursuant to this article, who possesses a valid, current court order providing him or her with temporary or permanent guardianship or temporary or permanent custody of said child. See N.Y. Family Court Law 1092
- Child: shall mean a person under the age of eighteen who is placed in foster care pursuant to section three hundred fifty-eight-a, three hundred eighty-four or three hundred eighty-four-a of the social services law or pursuant to section one thousand twenty-two, one thousand twenty-seven, one thousand fifty-two, one thousand eighty-nine, one thousand ninety-one, one thousand ninety-four or one thousand ninety-five of this act; or directly placed with a relative pursuant to section one thousand seventeen or one thousand fifty-five of this act; or who has been freed for adoption or a person between the ages of eighteen and twenty-one who has consented to continuation in foster care or trial discharge status; or a former foster care youth under the age of twenty-one for whom a court has granted a motion to permit the former foster care youth to return to the custody of the local commissioner of social services or other officer, board or department authorized to receive children as public charges. See N.Y. Family Court Law 1087
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- commissioner of social services: shall mean the commissioner of the local department of social services or, in a city having a population of one million or more, the administration for children's services. See N.Y. Family Court Law 1092
- destitute child: shall mean a child under the age of eighteen who is in a state of want or suffering due to lack of sufficient food, clothing, shelter, or medical or surgical care and:
(1) does not fit within the definition of an "abused child" or a "neglected child" as such terms are defined in section one thousand twelve of this act; and
(2) is without any parent or caretaker available to sufficiently care for him or her, due to:
(i) the death of a parent or caretaker; or
(ii) the incapacity or debilitation of a parent or caretaker, where such incapacity or debilitation would prevent such parent or caretaker from being able to knowingly and voluntarily enter into a written agreement to transfer the care and custody of said child pursuant to section three hundred fifty-eight-a or three hundred eighty-four-a of the social services law; or
(iii) the inability of the commissioner of social services to locate any parent or caretaker, after making reasonable efforts to do so; or
(iv) a parent or caretaker being physically located outside of the state of New York and the commissioner of social services is or has been unable to return the child to such parent or caretaker while or after making reasonable efforts to do so, unless the lack of such efforts is or was appropriate under the circumstances. See N.Y. Family Court Law 1092
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Foster care: shall mean care provided by an authorized agency to a child in a foster family, free or boarding home; agency boarding home; group home; child care institution, health care facility or any combination thereof. See N.Y. Family Court Law 1087
- 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
- Interested adult: shall mean a person or persons over the age of eighteen, other than a parent or caretaker, who, at the relevant time resided with and had responsibility for the day-to-day care of a child alleged or adjudicated to be destitute. See N.Y. Family Court Law 1092
- Minority leader: See Floor Leaders
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- ownership or control interest: means : with respect to a school that is organized as or owned by a corporation, a position as an officer or director of such corporation; or, with respect to a school that is organized as or owned by a partnership, a position as a partner; or any other interest totaling ten percent or more, whether direct or indirect, in the total equity or assets of such school. See N.Y. Education Law 5001
- parent: shall mean any living biological or adoptive parent of the child whose rights have not been terminated or surrendered. See N.Y. Family Court Law 1092
- permanency hearing: shall mean a hearing in accordance with article ten-A of this act, as defined in subdivision (k) of section one thousand twelve of this act. See N.Y. Family Court Law 1092
- Permanency hearing report: shall mean a sworn report submitted by the social services district to the court and the parties prior to each permanency hearing regarding the health and well-being of the child, the reasonable efforts that have been made since the last hearing to promote permanency for the child, and the recommended permanency plan for the child. See N.Y. Family Court Law 1087
- 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
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Trustee: A person or institution holding and administering property in trust.
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Venue: The geographical location in which a case is tried.