Terms Used In New York Laws > Agriculture and Markets > Article 14 - Prevention and Control of Disease In Trees and Plants; Insect Pests; Sale of Fruit-bearing Trees

• Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. Education Law 651
• adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. Domestic Relations Law 109
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency preservation officer: means the commissioner, director or chairperson of any state department, agency, board, commission, public benefit corporation or public authority, or his representative identified in accordance with the provisions of subdivision two of section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• 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.
• 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.
• art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 11.01
• Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See N.Y. Arts and Cultural Affairs Law 11.01
• 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.
• Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. Domestic Relations Law 109
• authorship: refers to the creator of a work of fine art or multiple or to the period, culture, source or origin, as the case may be, with which the creation of such work is identified in the description of the work. See N.Y. Arts and Cultural Affairs Law 11.01
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• Board: means the state board for historic preservation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• Board: shall mean the board of trustees of the New York state higher education services corporation. See N.Y. Education Law 651
• Certificate of authenticity: means a written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person. See N.Y. Arts and Cultural Affairs Law 11.01
• Chairman: means the chairman of the state board for historic preservation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• Child witness: means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in Article one hundred thirty of the penal law or section 255. See N.Y. Criminal Procedure Law 65.00
• Claimant: means a person who asserts ownership or some other legal right to undocumented property held by the office. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• Commercial purposes: means use of lands, including structures thereon for any purpose from which a profit may be derived, other than a lease or rental of residential property for single, private family residential purposes. See N.Y. Environmental Conservation Law 43-0103
• Commission: means the Lake George park commission. See N.Y. Environmental Conservation Law 43-0103
• commission: shall mean the Albany Pine Bush preserve commission created pursuant to section 46-0105 of this article. See N.Y. Environmental Conservation Law 46-0103
• Commission: shall mean the empire state plaza art commission created by this article. See N.Y. Arts and Cultural Affairs Law 4.03
• Commissioner: shall mean the commissioner of parks, recreation and historic preservation or, for projects in the sixth region, the commissioner of environmental conservation. See N.Y. Parks, Recreation and Historic Preservation Law 17.01
• 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.
• Conservation: means acts taken to correct deterioration and alteration and acts taken to prevent, stop or retard deterioration. See N.Y. Arts and Cultural Affairs Law 11.01
• Conservation measures: means any actions taken to preserve or stabilize a property including, but not limited to, proper storage support, cleaning, proper lighting, and restoration. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• 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: shall mean the New York state higher education services corporation. See N.Y. Education Law 651
• 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.
• Council: shall mean the Hudson river valley greenway communities council reenacted pursuant to section 44-0105 of this article. See N.Y. Environmental Conservation Law 44-0103
• Counterfeit: means a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such manner that it appears or is claimed to have an authorship which it does not in fact possess. See N.Y. Arts and Cultural Affairs Law 11.01
• Countryside: shall mean the cities, towns and villages within the greenway which do not border the Hudson river. See N.Y. Environmental Conservation Law 44-0103
• Craft: means a functional or non-functional work individually designed, and crafted by hand, in any medium including but not limited to textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided, however, that if produced in multiples, craft shall not include works mass produced or produced in other than a limited edition. See N.Y. Arts and Cultural Affairs Law 11.01
• Creditors: means "creditor" as defined in paragraph thirteen of subsection (b) of section 1--201 of the uniform commercial code. See N.Y. Arts and Cultural Affairs Law 11.01
• criteria: shall mean natural and cultural resource protection, regional planning, economic development, public access and heritage environmental education identified as the basis for attaining the goal of a Hudson river valley greenway. See N.Y. Environmental Conservation Law 44-0103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: shall mean a person engaged in the business of selling snowmobiles at wholesale or retail. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• 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.
• 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.
• 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:
• districts: shall mean areas made of neighboring communities within the greenway and designated by the council for the purpose of regional planning. See N.Y. Environmental Conservation Law 44-0103
• Donor: The person who makes a gift.
• 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}
• Empire state plaza: shall mean the Governor Nelson A. See N.Y. Arts and Cultural Affairs Law 4.03
• 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.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive officer: shall mean :
  
  (a) In the case of a county, the county executive unless there is none, in which case it shall mean the county manager if there is one, or the chairman of the county legislative body if there is neither a county executive nor county manager. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Executor: A male person named in a will to carry out the decedent
• Executrix: The female counterpart of an executor. See also
• 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 student aid programs: shall mean the programs of the United States government making financial aid available to pay for the cost of attending post-secondary institutions and established under Title IV of the Higher Education Act of nineteen hundred sixty-five, as amended, or any successor statute. See N.Y. Education Law 651
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fine art: means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples. See N.Y. Arts and Cultural Affairs Law 11.01
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Forbearance: A means of handling a delinquent loan. A
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Fund: shall mean the Hudson river valley greenway fund established in § 97-n of the state finance law. See N.Y. Environmental Conservation Law 44-0103
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• 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.
• Greenway: shall mean the area designated as the Hudson river valley greenway pursuant to section 44-0109 of this article. See N.Y. Environmental Conservation Law 44-0103
• greenway compact: shall mean the overall greenway plan adopted by the council pursuant to section 44-0119 of this article. See N.Y. Environmental Conservation Law 44-0103
• greenway heritage conservancy: shall mean the greenway heritage conservancy for the Hudson river valley, a public benefit corporation, reestablished pursuant to section 44-0111 of this article. See N.Y. Environmental Conservation Law 44-0103
• 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.
• Highway: shall mean the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Historic preservation: means for the purposes of this article and notwithstanding any other provision of law, the study, designation, protection, restoration, rehabilitation and use of buildings, structures, historic districts, areas, and sites significant in the history, architecture, archeology or culture of this state, its communities or the nation. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• Historic site project: shall mean a project undertaken by a municipality or the department of environmental conservation pursuant to any applicable provision of law or by the office pursuant to the provisions of this chapter, in order to develop or acquire lands, structures thereon and appurtenant objects associated therewith to protect the scientific, historic, cultural and architectural interest thereof and to make such lands available for public recreation. See N.Y. Parks, Recreation and Historic Preservation Law 17.01
• Hudson river valley: shall mean the areas of Bronx and New York counties designated pursuant to section 44-0109 of this article, the counties of Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, Columbia, Greene, Albany, Rensselaer, Saratoga and Washington, excluding any area of Greene county within the Catskill park, as defined in subdivision two of section 9-0101 of this chapter. See N.Y. Environmental Conservation Law 44-0103
• Hudson river valley: means the Hudson river and adjacent areas between the Adirondack Mountains and the tip of Manhattan Island in the city of New York. See N.Y. Arts and Cultural Affairs Law 10.03
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• 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.
• Institute: means the Institute for the Hudson River Collection created by this article. See N.Y. Arts and Cultural Affairs Law 10.03
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Judge: shall mean a judge of the family court of any county in the state. See N.Y. Domestic Relations Law 109
• 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.
• Lake George park: means the bed, waters, islands, and shore of Lake George and all land in the counties of Essex, Warren and Washington surrounding said lake and situate within the following described boundaries:
  
  Beginning at the southwesterly corner of lot 18 of the Crane Brush Patent in the northerly bounds of the Ogilvie Patent, running from thence northerly along the westerly bounds of the said lot 18 and the easterly bounds of lot 11 of the said Crane Brush Patent, to the northwesterly corner of the said lot 18 and the northeasterly corner of the said lot 11; thence westerly along the northerly bounds of the said lot 11 to the southeasterly corner of lot 12, Crane Brush Patent; thence northerly along the easterly bounds of the said lot 12 to the northeasterly corner thereof in the southerly bounds of lot 13, Crane Brush Patent; thence easterly along the southerly bounds of a portion of the southerly bounds of the said lot 13 to the southeasterly corner thereof and the southwesterly corner of lot 16, Crane Brush Patent; thence northerly along the westerly bounds of the said lot 16 to the northwesterly corner thereof in the southerly bounds of lot 3, Garland Patent; thence easterly along the southerly bounds of lot 3, Garland Patent to the southeasterly corner thereof; thence northerly along the easterly bounds of the said lot 3 to the northeasterly corner thereof in the southerly bounds of the Norman Patent; thence northerly, crossing the said Norman Patent in a straight line, to the southeasterly corner of lot 10, McDonald Patent; thence northerly along the easterly bounds of the said lot 10 to the northeasterly corner thereof in the southerly bounds of Porter's Patent; thence westerly along the southerly bounds of lots 7 and 6, Porter's Patent to the southwesterly corner of the said lot 6; thence northerly along the westerly bounds of the said lot 6, Porter's Patent, to the northwesterly corner thereof; thence running in a straight line northerly, crossing the remaining portion of Porter's Patent and also crossing Robert's Patent, to the southwesterly corner of lot 86, Northwest Bay Tract; thence northwesterly along the westerly bounds of lots 86, 91 and 99, Northwest Bay Tract, to the northwesterly corner of the said lot 99; thence easterly along the northerly bounds of the said lot 99 to the southwesterly corner of lot 116, Brant Lake Tract; thence northerly along the westerly bounds of lots 116, 117, and 118, Brant Lake Tract, to the northwesterly corner of the said lot 118; thence easterly along the northerly bounds of lots 118, and 113, Brant Lake Tract to the northeasterly corner of the said lot 113; thence northerly along the westerly bounds of lots 87 and 88, Brant Lake Tract, to the northwesterly corner of the said lot 88; thence easterly along the northerly bounds of lots 88, 79, 56, 47, 24 and 15, Brant Lake Tract, to the northeasterly corner of the said lot 15 and to a point in the westerly bounds of the Hague Tract; thence northerly along the westerly bounds of the Hague Tract to the northwesterly corner of lot 38, Hague Tract; thence easterly along the northerly bounds of the said lot 38 to the northeasterly corner thereof; thence northerly along the westerly bounds of a portion of the westerly bounds of lot 37 and the westerly bounds of lot 36, Hague Tract, to the northwesterly corner of the said lot 36; thence easterly along a portion of the northerly bounds of the said lot 36 to the southwesterly corner of lot 33, Hague Tract; thence northerly along the westerly bounds of lots 33, 30 and a portion of lot 29, Hague Tract, to the Warren-Essex County line; thence running northeasterly along the said county line to the center of Trout Brook; thence northerly, downstream, along Trout Brook as it winds and turns, to the intersection of Trout Brook with State Highway Route 9N; thence southwesterly along said State Highway to the intersection of the said State Highway with Alexandria Avenue south of Ticonderoga Village; thence easterly along Alexandria Avenue, crossing the outlet of Lake George, and continuing along said Alexandria Avenue and said line extended, to the American Telephone and Telegraph Company's telephone cable line; thence southerly along said telephone cable line to the north bounds of lot 77 of the Alexander Turner Patent; thence westerly along the north bounds of lot 77 and lot 79 of said Patent to the northwest corner of lot 79; thence southerly along the west bounds of lots 79, 80, 81, 82, 83, and 84 to the southwest corner of said lot 84; thence westerly along the division line between lots 85 and 67 of said Turner Patent to the northwest corner of lot 67; thence southerly along the west bounds of lots 67, 16, 17, 18, 19 and 20 of said Turner Patent to the division line between the Town of Putnam and the Town of Dresden; thence westerly along said town line to the northwest corner of lot 52 of the aforesaid Turner Patent; thence southerly along the west bounds of lots 52, 51, and 50 of said Turner Patent, to the division line between the Turner Patent and the South Bay Tract; thence southwesterly along said division line to the northwest corner of lot 148, South Bay Tract; thence southerly along the west bounds of lots 148 and 149 of the South Bay Tract to the north line of lot 162 of said tract; thence westerly along the north line of said lot 162 to the northwest corner thereof; thence southerly along the west bounds of lots 162, 161, 160, 159, 158 and 44 to the southwest corner of said lot 44; thence westerly along the southerly bounds of lots 39 and 22, South Bay Tract, to the southwesterly corner of the said lot 22; thence southerly along the westerly bounds of lot 23, South Bay Tract to the southwesterly corner thereof; thence westerly along the southerly bounds of lot 12, South Bay Tract, to the southwesterly corner thereof; thence southerly along the westerly bounds of lot 11 of South Bay Tract to the southwest corner of lot 11; thence westerly along the south bounds of lot 77 to the southwest corner thereof; thence southerly along the west bounds of lots 76, 75, and 74 of the South Bay Tract to the southwest corner of lot 74; thence westerly along the south bounds of lots 89, 99, 105, and 118 of the South Bay Tract to the southwest corner of lot 118; thence southerly along the west bounds of lots 117, 116, and 115 to the division line between the South Bay Tract and the Westfield Tract; thence westerly along said division line to the northwest corner of lot 56 of the Westfield Tract; thence southerly along the westerly bounds of lots 56 and 49 of the Westfield Tract to the southwesterly corner of the said lot 49; thence westerly along the southerly bounds of lot 50, Westfield Tract to the southwesterly corner of the said lot 50; thence southerly along the westerly bounds of lots 43 and 42, of the Westfield Tract to the southwesterly corner of the said lot 42; thence running in a straight line crossing lots 37 and 31 of the Westfield Tract to the northwesterly corner of lot 25 of the Westfield Tract; thence westerly along the southerly bounds of an unnumbered lot, and the southerly bounds of lot 28, Westfield Tract and the southerly bounds of lot 47, Lake George Tract, to the southwesterly corner of the said lot 47, and the northwesterly corner of lot 46, and the northeasterly corner of lot 45, Lake George Tract; thence southerly along the easterly bounds of lots 45, 39, 37 and 27, Lake George Tract; to the southeasterly corner of the said lot 27; thence westerly along the southerly bounds of the said lot 27 to the easterly bounds of lot 28, Lake George Tract; thence southerly along a portion of the easterly bounds of the said lot 28 and the easterly bounds of lot 29, Lake George Tract to the southeasterly corner of the said lot 29; thence westerly along the southerly bounds of the said lot 29 and a portion of the southerly bounds of lot 30, being also along a portion of the northerly bounds of lot 23, and the northerly bounds of lot 24, all in Lake George Tract, to the northwesterly corner of the said lot 24; thence southerly along the westerly bounds of the said lot 24 to the southwesterly corner thereof; thence westerly along a portion of the northerly bounds of lot 18, Lake George Tract, to the northwesterly corner thereof; thence southerly along the easterly bounds of lots 17, 15, 16, 14, 12, 9 and a portion of lot 5, Lake George Tract and continuing the same course southerly to the center of the Farm to Market Road; thence westerly in the center of the said road to the Warren-Washington County Line; thence southerly along the said county line to the northeasterly corner of the Queensbury Patent; thence westerly along the northerly bounds of the Queensbury Patent to the southeasterly corner of the Hasborne Patent; thence northerly along the easterly bounds of the Hasborne Patent to the northeasterly corner thereof; thence westerly along the northerly bounds of the Hasborne Patent and the northerly bounds of the Fairlie Patent to the northwesterly corner of the said Fairlie Patent; thence southerly along a portion of the westerly bounds of the Fairlie Patent to the northeasterly corner of lot 18, French Mountain Tract; thence westerly along the northerly bounds of lots 18, 20, 21, and 25 of the French Mountain Tract to the northwesterly corner of the said lot 25; thence running in a straight line westerly crossing the southerly portion of the Houghton Patent to the northwesterly corner of lot 60, Luzerne Tract; thence southerly along the westerly bounds of the said lot 60 to the southwesterly corner thereof; thence westerly along the southerly bounds of lots 59, 58 and 57, Luzerne Tract to the southwesterly corner of the said lot 57; thence northerly along a portion of the westerly bounds of the said lot 57 to the southeasterly corner of lot 66, Luzerne Tract; thence westerly along the southerly bounds of the said lot 66 to the southwesterly corner thereof; thence northerly along a portion of the westerly bounds of the said lot 66 to the northeasterly corner of lot 67, Luzerne Tract and being in the southerly bounds of the Randall Location; thence westerly along the southerly bounds of the said Randall Location to the southwesterly corner thereof; thence northerly along the westerly bounds of the said Randall Location and the westerly bounds of lots 75, 78, 83, 93, 98 and 107, Luzerne Tract, to a point in the southerly bounds of lot 113, Luzerne Tract; thence westerly along a portion of the southerly bounds of the said lot 113 to the southwesterly corner thereof; thence northerly along the westerly bounds of the said lot 113 to the northwesterly corner thereof in the southerly bounds of the J. See N.Y. Environmental Conservation Law 43-0103
• Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. Domestic Relations Law 109
• 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}
• Legacy: A gift of property made by will.
• Lend: shall include one or more of the following services: the origination, disbursement, servicing, and/or collection of any student or parent education loan made by or on behalf of a lending institution a government entity, or an institution of higher education for the purpose of paying for higher education expenses as well as serving as a secondary market for these loans. See N.Y. Education Law 651
• Lender: means a person whose name appears on the records of the office as the person legally entitled to, or claiming to be legally entitled to, property held by the office or, if deceased, the legal heirs of such person. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• 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.
• Limited edition: means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. See N.Y. Arts and Cultural Affairs Law 11.01
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means a deposit of property with the office not accompanied by a transfer to the office of title to the property. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• Master: when used alone is used in lieu of and means the same as such things as printing plate, stone, block, screen, photographic negative or other like material which contains an image used to produce visual art objects in multiples, or in the case of sculptures, a mold, model, cast, form or other prototype, other than from glass, which additional multiples of sculpture are produced, fabricated or carved. See N.Y. Arts and Cultural Affairs Law 11.01
• Minority leader: See Floor Leaders
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• multiples: means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01
• Municipal official: means the chief executive officer of any municipality or his or her designated representative. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• National register: means the national register of historic places authorized by the National Historic Preservation Act of 1966. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• noxious weeds: means any living stage (including but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in this state, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation. See N.Y. Agriculture and Markets Law 161
• nursery: means the grounds and premises, private or public, on or in which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business and shall include grounds or premises owned, leased or managed by the state or any agency of the state government, and the owner or operator of such business shall be a "nursery grower"; provided, however, that the term "nursery grower" shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business. See N.Y. Agriculture and Markets Law 161
• 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 state office of parks, recreation and historic preservation and those facilities including historic sites as defined in section 1. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• On consignment: means that no title to, estate in, or right to possession of, the work of fine art or multiple that is superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer or convey all the right, title and interest of the consignor, in and to such work, to a third person. See N.Y. Arts and Cultural Affairs Law 11.01
• Operate: shall mean to ride in or on, other than as a passenger, or use or control the operation of a snowmobile in any manner, whether or not said snowmobile is under way. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall mean any person having title to a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Participating community: shall mean a county, city, town or village which has adopted the regional plan for its district pursuant to section 44-0119 of this article. See N.Y. Environmental Conservation Law 44-0103
• 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.
• Permanent loan: means a loan of property to the office for an unspecified period. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• Person: means an individual, partnership, corporation, association or other group, however organized. See N.Y. Arts and Cultural Affairs Law 11.01
• 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}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• 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.
• preserve: shall mean lands in the city of Albany and towns of Guilderland and Colonie in the county of Albany characterized by the growth of pitch pine and scrub oak, pine barrens, vernal ponds and/or the presence of sand dunes which are dedicated for protection and beneficial public use pursuant to section 46-0107 of this article. See N.Y. Environmental Conservation Law 46-0103
• President: shall mean the president of the corporation. See N.Y. Education Law 651
• Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
• Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. Domestic Relations Law 109
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Property: means any inanimate object, document or tangible object under the office's care which has intrinsic historic, artistic, scientific, or cultural value. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Register: shall mean the act of assigning a registration number to a snowmobile. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Registered property: means any historic place or property within the boundaries of the state nominated by the commissioner for listing on the national register of historic places or listed on the New York state register of historic places established pursuant to section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• 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.
• Reproduction: means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist. See N.Y. Arts and Cultural Affairs Law 11.01
• Reproduction right: means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art. See N.Y. Arts and Cultural Affairs Law 11.01
• Riverside: shall mean the cities, towns and villages within the greenway which border the Hudson river and shall include the city of New York, with respect to areas of Bronx and New York counties designated pursuant to section 44-0109 of this article. See N.Y. Environmental Conservation Law 44-0103
• Roadway: shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Sculpture: means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01
• 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.
• Shoulder: shall mean that portion of a highway which lies outside the paved or unpaved roadway immediately adjacent to the portion of the roadway which may be used by motor vehicles. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• Signed: means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned. See N.Y. Arts and Cultural Affairs Law 11.01
• Snowmobile: shall mean a self-propelled vehicle equipped with a motor, originally manufactured and designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or tracked cleats. See N.Y. Parks, Recreation and Historic Preservation Law 21.05
• soil: means the commonly accepted medium or other medium in which plants are grown and which is or may be capable of harboring or transmitting insect pests and plant diseases. See N.Y. Agriculture and Markets Law 161
• state agency: shall mean the Palisades interstate park commission or the department of environmental conservation. See N.Y. Parks, Recreation and Historic Preservation Law 13.03
• State agency: means any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• State agency: shall mean any state board, body, bureau, commission, council, department, public authority, public corporation, division, office, or other governmental entity performing a governmental or proprietary function for the state, but shall not include the legislature. See N.Y. Arts and Cultural Affairs Law 4.03
• State agency: means any state board, body, bureau, commission, council, department, public authority, public corporation, division, office or other governmental entity performing a governmental or proprietary function for the state. See N.Y. Arts and Cultural Affairs Law 10.03
• State register: means the state register of historic places established pursuant to section 14. See N.Y. Parks, Recreation and Historic Preservation Law 14.03
• Statute: A law passed by a legislature.
• Stormwater runoff: means any surface water runoff or runoff in channels which results directly either from a rain storm or from the melting of snowpack. See N.Y. Environmental Conservation Law 43-0103
• Subpoena: A command to a witness to appear and give testimony.
• Successor in interest: shall mean a "personal representative" "testamentary beneficiary" trustee or beneficiary of a "lifetime trust" or an "heir" (including heirs who acquire the work of fine art, craft or print from the artist or craftsperson or from another heir or beneficiary of the artist or craftsperson), which terms shall have the same meanings as set forth in the estates, powers and trusts law. See N.Y. Arts and Cultural Affairs Law 11.01
• Summons: Another word for subpoena used by the criminal justice system.
• Surface water runoff: means water which flows over the land and does not percolate into the soil. See N.Y. Environmental Conservation Law 43-0103
• Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. Domestic Relations Law 109
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimonial room: means any room, separate and apart from the courtroom, which is furnished comfortably and less formally than a courtroom and from which the testimony of a vulnerable child witness can be transmitted to the courtroom by means of live, two-way closed-circuit television. See N.Y. Criminal Procedure Law 65.00
• 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.
• trail: means the trail established pursuant to section 44-0121 of this article. See N.Y. Environmental Conservation Law 44-0103
• 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.
• Undocumented property: means property in the possession of the office for which the office cannot determine the owner by reference to its records. See N.Y. Parks, Recreation and Historic Preservation Law 19.13
• 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}
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vulnerable child witness: means a child witness whom a court has declared to be vulnerable. See N.Y. Criminal Procedure Law 65.00
• Written instrument: means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant. See N.Y. Arts and Cultural Affairs Law 11.01
• Zone: means any area of land within the Lake George park in which the use of land for commercial purposes is prohibited, restricted, or controlled pursuant to the provisions of this article, local law or ordinance, agreement, restrictive covenant, or otherwise. See N.Y. Environmental Conservation Law 43-0103