Terms Used In New York Laws > Agriculture and Markets > Article 25-AA - Agricultural Districts

• Account: shall mean the hearing aid dispensing account. See N.Y. General Business Law 789
• Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. Education Law 501
• 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.
• Aftermarket rustproofing: means the application of rust-inhibiting material to various areas of a new motor vehicle after the vehicle has been assembled. See N.Y. General Business Law 730
• Agricultural assessment value: means the value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by section three hundred four-a of this article. See N.Y. Agriculture and Markets Law 301
• Agricultural data statement: means an identification of farm operations within an agricultural district located within five hundred feet of the boundary of property upon which an action requiring municipal review and approval by the planning board, zoning board of appeals, town board, or village board of trustees pursuant to Article 16 of the town law or Article 7 of the village law is proposed, as provided in section three hundred five-b of this article. See N.Y. Agriculture and Markets Law 301
• Agricultural tourism: means activities, including the production of maple sap and pure maple products made therefrom, conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. See N.Y. Agriculture and Markets Law 301
• 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.
• Animal: means a dog or a cat. See N.Y. General Business Law 752
• Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. Education Law 501
• 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.
• Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Apiary products operation: means an agricultural enterprise, consisting of land owned by the operation, upon which bee hives are located and maintained for the purpose of producing, harvesting and storing apiary products for sale. See N.Y. Agriculture and Markets Law 301
• 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.
• Appraisal: A determination of property value.
• 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
• 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.
• Audiologist: means an individual who is licensed under Article one hundred fifty-nine of the education law to evaluate hearing, and hearing and communication disorders and to engage in those practices defined in § 8203 of the education law. See N.Y. General Business Law 789
• Authority: shall mean the public benefit corporation created by section two thousand forty-nine-c of this title, known as the town of North Hempstead solid waste management authority. See N.Y. Public Authorities Law 2049-B
• Automobile broker business: means any person who, for a fee, commission or other valuable consideration, regardless of whether such fee, commission, or consideration is paid directly by a consumer, offers to provide, provides, or represents that he or she will provide a service of purchasing, arranging, assisting, facilitating or effecting the purchase or lease of an automobile as agent, broker, or intermediary for a consumer. See N.Y. General Business Law 736
• Bank: means a bank, trust company, savings bank, or state or federal savings and loan association which is located within this state. See N.Y. General Business Law 778
• 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.
• Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by this article. See N.Y. Education Law 501
• 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: shall mean the hearing aid dispensing advisory board. See N.Y. General Business Law 789
• Bonds: shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires. See N.Y. Public Authorities Law 2049-B
• Builder: means any person, corporation, partnership or other entity contracting with an owner for the construction of a one- or two-family residential dwelling having less than three stories. See N.Y. General Business Law 759
• Builder: means any person, corporation, partnership or other entity contracting with an owner for the construction or sale of a new home. See N.Y. General Business Law 777
• Building code: means the uniform fire prevention and building code promulgated under § 377 of the executive law, local building code standards approved by the uniform fire prevention and building code council under § 379 of the executive law, and the building code of the city of New York, as defined in title twenty-seven of the administrative code of the city of New York. See N.Y. General Business Law 777
• Business: means any individual, partnership, trust, association, organization or corporation. See N.Y. General Business Law 789
• Buyer: means a natural person who buys or receives aftermarket rustproofing on a new motor vehicle if such vehicle is bought for use primarily for personal, family or household purposes. See N.Y. General Business Law 730
• Buyer: means any person or persons who have contracted or who intend to contract with a builder for the construction of a one- or two-family residential dwelling having less than three stories. See N.Y. General Business Law 759
• Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
• Clinically ill: means an illness that is apparent to a veterinarian based on observation, examination, or testing of an animal or upon review of the medical records relating to the animal. See N.Y. General Business Law 752
• Commercial equine operation: means an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such production. See N.Y. Agriculture and Markets Law 301
• Commercial horse boarding operation: means an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. See N.Y. Agriculture and Markets Law 301
• Commissioner: shall mean the commissioner of agriculture and markets. See N.Y. General Business Law 752
• 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.
• Constructed in a skillful manner: means that workmanship and materials meet or exceed the specific standards of the applicable building code. See N.Y. General Business Law 777
• Construction: shall mean the acquisition, erection, building, alteration, improvement, increase, enlargement, extension, reconstruction, renovation or rehabilitation of a solid waste management-resource recovery facility; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions preliminary or incidental thereto. See N.Y. Public Authorities Law 2049-B
• Construction contract: means a written or oral agreement for the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or relating to the excavation of or other development or improvement to land, and where the aggregate cost of the construction project including all labor, services, materials and equipment to be furnished, equals or exceeds one hundred fifty thousand dollars. See N.Y. General Business Law 756
• Consumer: means a natural person who is solicited to purchase or who purchases the services of an automobile broker business. See N.Y. General Business Law 736
• Consumer: means any individual purchasing an animal from a pet dealer. See N.Y. General Business Law 752
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means a written agreement between a seller and buyer for the sale and purchase of a home. See N.Y. General Business Law 778
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person, firm, partnership, corporation, association, company, organization or other entity, including a construction manager, or any combination thereof, which enters into a construction contract with an owner. See N.Y. General Business Law 756
• Contributor: shall mean any member of the retirement system who has an account in the annuity savings fund as provided by this article. See N.Y. Education Law 501
• Conversion: means an outward or affirmative act changing the use of agricultural land and shall not mean the nonuse or idling of such land. See N.Y. Agriculture and Markets Law 301
• 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.
• Custom home: means a new single family residence to be constructed on premises owned of record by the purchaser at the time of contract, provided that such residence is intended for residential occupancy by such purchaser and the contract of sale is entered into on or after the first day of March, nineteen hundred ninety. See N.Y. General Business Law 770
• Damage: means an impact upon or removal of support from an underground facility consequent to excavation or demolition which, according to the operating practices of the operator, would necessitate repair of such facility, destruction of any underground facility or its protective coating, housing or other protective device, and impact with or severance of an underground facility. See N.Y. General Business Law 760
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Demand: means communication of an actual notice to the vendor of requests made therein. See N.Y. General Business Law 780
• Demolition: means the wrecking, razing, rending, moving or removing of any structure. See N.Y. General Business Law 760
• Department: means the department of state. See N.Y. General Business Law 789
• Dependent: A person dependent for support upon another.
• Deposit: means any moneys given as down payment by the vendee to the vendor as required by the vendor prior to the commencement of the work to be performed pursuant to an agreement between the vendor and vendee wherein vendor undertook to build or construct a home for the vendee. See N.Y. General Business Law 780
• 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.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispensing of hearing aids: means the act of fitting, selecting, selling, renting, adapting or servicing of hearing aids or any other instrument to compensate for impaired hearing; provided that such term shall include testing of hearing, solely for the purpose of fitting, selecting, selling, distribution, renting, adapting or servicing hearing aids or any instrument to compensate for impaired hearing, the making of impressions, castings and shells and appropriate counseling and instructions pertaining to the selection, adaptation and sale or rental of hearing aids and further provided that such term shall include any tasks, procedures, acts, or practices that are necessary (a) for the non-diagnostic testing of hearing solely for the purpose of fitting a hearing aid; (b) for training in the use of amplification including hearing aids; (c) for the making of ear molds for hearing aids; (d) for the fitting, dispensing, and sale of hearing aids; or (e) for otoscopic observation of solely the ear canal for the purposes of fitting, dispensing or sale of hearing aids; provided, however, that nothing contained in this subdivision shall be deemed to permit the performance of or reference to an otoscopic evaluation for medical diagnosis; and (f) for those other procedures necessary to determine proper amplification needs and the specific hearing aid which will be of maximum benefit to aid or to compensate for the impaired ear. See N.Y. General Business Law 789
• Donee: The recipient of a gift.
• Down payment: means a contract deposit or similar advance toward the purchase price of a home that a buyer gives to an escrow agent pursuant to the provisions of a contract. See N.Y. General Business Law 778
• Drug-related paraphernalia: consists of the following objects used for the following purposes:
  
  (i) Kits, used or designed for the purpose of planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
  
  (ii) Kits, used or designed for the purpose of manufacturing, compounding, converting, producing, or preparing controlled substances;
  
  (iii) Isomerization devices, used or designed for the purpose of increasing the potency of any species of plant which is a controlled substance;
  
  (iv) Scales and balances, used or designed for the purpose of weighing or measuring controlled substances;
  
  (v) Diluents and adulterants, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for the purpose of cutting controlled substances;
  
  (vi) and
  
  (vii) Objects, used or designed for the purpose of ingesting, inhaling, or otherwise introducing cocaine into the human body. See N.Y. General Business Law 850
• Employer: shall mean the state of New York, the city, the village, school district board or trustee, or other agency of and within the state by which a teacher is paid. See N.Y. Education Law 501
• 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.
• Entombment: means the placement of a pet in a grave or tomb. See N.Y. General Business Law 750-A
• 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.
• Escrow agent: means a person, other than a seller, who holds a buyer's down payment deposit pursuant to the provisions of a contract. See N.Y. General Business Law 778
• 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.
• Excavation: means an operation for the purpose of movement or removal of earth, rock or other materials in or on the ground by use of mechanized equipment or by blasting, and includes, but is not limited to, auguring, backfilling, drilling, grading, plowing in, pulling in, trenching and tunneling; provided, however, that the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purposes shall not be deemed excavation. See N.Y. General Business Law 760
• Excavator: means a person who is engaged in a trade or business which includes the carrying out of excavation or demolition; provided, however, that an individual employed by an excavator, and having no supervisory authority, other than the routine direction of employees, over an excavation or demolition, shall not be deemed an excavator for the purposes of this article. See N.Y. General Business Law 760
• Executor: A male person named in a will to carry out the decedent
• facility: shall mean any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for or is incidental to the collecting, receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom including, but not limited to, recycling centers, transfer stations, shredding or baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, leachate treatment facilities, plants and facilities for compacting, composting or pyrolization of solid wastes, secure land burial facilities, landspreading facilities, surface impoundments and waste oil storage, reprocessing and rerefining facilities, incinerators and other solid waste disposal, reduction or conversion facilities, and "resource recovery equipment" and "disposal equipment" as such terms are defined in subdivisions four and five of section 51-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2049-B
• Farm operation: means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivision seventeen of this section and "commercial equine operation" as defined in subdivision eighteen of this section. See N.Y. Agriculture and Markets Law 301
• Farm woodland: means land used for the production of woodland products intended for sale, including but not limited to logs, lumber, posts and firewood. See N.Y. Agriculture and Markets Law 301
• Fiduciary: A trustee, executor, or administrator.
• Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. Education Law 501
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: shall mean the members of the authority constituting and acting as the governing body of the authority. See N.Y. Public Authorities Law 2049-B
• Grantor: The person who establishes a trust and places property into it.
• Gross sales: means the proceeds from the sale of:
  
  a. See N.Y. Agriculture and Markets Law 301
• 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.
• Hearing aid: means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories but excluding batteries and cords or accessories thereto. See N.Y. General Business Law 789
• Hearing aid dispenser: means any person twenty-one years of age or older or an audiologist licensed under Article one hundred fifty-nine of the education law who is engaged in the dispensing of hearing aids who is registered and dispensing hearing aids in accordance with this article. See N.Y. General Business Law 789
• home: means any single family house or for-sale unit in a multi-unit residential structure of five stories or less in which title to the individual units is transferred to owners under a condominium or cooperative regime. See N.Y. General Business Law 777
• Home: means an existing, previously occupied one or two-family dwelling intended to be used primarily as a residence, or a residential unit in a multi-unit structure in which title or shares of stock are transferred to buyers under a condominium or cooperative regime. See N.Y. General Business Law 778
• Home: means a new one or two family dwelling intended to be used primarily as a residence. See N.Y. General Business Law 780
• Home improvement: means the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property and shall include, but not be limited to, the construction, erection, replacement, or improvement of driveways, swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping, fences, porches, garages, solar energy systems, flooring, basements, and other improvements of the residential property and all structures or land adjacent to it. See N.Y. General Business Law 770
• Home improvement contract: means an agreement for the performance of home improvement, between a home improvement contractor and an owner, and where the aggregate contract price specified in one or more home improvement contracts, including all labor, services and materials to be furnished by the home improvement contractor, exceeds five hundred dollars. See N.Y. General Business Law 770
• Home improvement contractor: means a person, firm or corporation which owns or operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement for a fee and for whom the total cash price of all of his home improvement contracts with all his customers exceeds one thousand five hundred dollars during any period of twelve consecutive months. See N.Y. General Business Law 770
• Home improvement goods or services: means goods and services which are bought in connection with home improvement. See N.Y. General Business Law 770
• 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}
• Individual burial: means the interment of a single pet's remains in a separate grave. See N.Y. General Business Law 750-A
• Individual cremation: means the cremation of a single pet's remains in a separate receptacle that allows the pet's cremains to remain separate from the cremains of other pets. See N.Y. General Business Law 750-A
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Inurnment: means the placement of pet cremains in a grave, urn or tomb. See N.Y. General Business Law 750-A
• 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.
• Land used in agricultural production: means not less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, not less than seven acres of land used in the preceding two years to support a commercial horse boarding operation or a commercial equine operation with annual gross receipts of ten thousand dollars or more. See N.Y. Agriculture and Markets Law 301
• Land used in agricultural production: means such lands as defined in subdivision four of § 301 of the agriculture and markets law. See N.Y. General Business Law 750-A
• 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 as herein defined licensed to engage in the business of operating a pet cemetery or pet crematorium under this article. See N.Y. General Business Law 750-A
• 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.
• Local government: means a county, town, city or village. See N.Y. General Business Law 760
• Majority leader: see Floor Leaders
• Mass burial: means the interment of pet remains communally in a grave containing more than one pet. See N.Y. General Business Law 750-A
• Mass cremation: means the cremation of pets communally in a receptacle containing more than one pet. See N.Y. General Business Law 750-A
• Material supplier: means any person, firm, partnership, corporation, company, association, or other organization or entity, or any combination thereof, which is party to a contract with an owner, contractor or subcontractor, for the provision of construction materials and/or equipment necessary to the completion of a construction contract. See N.Y. General Business Law 756
• 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: means any town, village or city. See N.Y. General Business Law 780
• Municipality: shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency or public corporation of the state, any such instrumentality created under the Nassau county civil divisions act, or any of the foregoing, or any combination thereof. See N.Y. Public Authorities Law 2049-B
• New entrant: shall mean any teacher who is a member of the retirement system except a present teacher. See N.Y. Education Law 501
• nucs: shall mean small honey bee colonies created from larger colonies including the nuc box, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony. See N.Y. Agriculture and Markets Law 301
• 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.
• One-call notification system: means an organization among whose purposes is establishing and carrying out procedures and programs to protect underground facilities from damage due to excavation and demolition including, but not limited to, receiving notices of intent to perform excavation and demolition, and transmitting the notices to one or more of its member operators of underground facilities in the specified area. See N.Y. General Business Law 760
• Operator: means a person who operates an underground facility or facilities to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or telegraph communications, cable television, sewage removal, traffic control systems, or water. See N.Y. General Business Law 760
• Otolaryngologist: means a physician licensed under Article one hundred thirty-one of the education law, who practices that branch of medicine which treats diseases of the ear, nose and throat. See N.Y. General Business Law 789
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the first person to whom the home is sold and, during the unexpired portion of the warranty period, each successor in title to the home and any mortgagee in possession. See N.Y. General Business Law 777
• Owner: means any person, firm, partnership, corporation, company, association or other organization or other entity, or a combination of any thereof, (with an ownership interest, whether the interest or estate is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee) that causes a building, structure or improvement, new or existing, to be constructed, altered, repaired, maintained, moved or demolished or that causes land to be excavated or otherwise developed or improved. See N.Y. General Business Law 756
• Owner: means any homeowner, co-operative shareholder owner, or residential tenant, or any person who purchases a custom home as defined in this section. See N.Y. General Business Law 770
• 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.
• Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. Education Law 501
• Pension reserve: shall mean the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
• Person: shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation. See N.Y. Public Authorities Law 2049-B
• Person: means an individual, partnership, corporation, association or any other legal entity. See N.Y. General Business Law 730
• Person: includes an individual, corporation, partnership, joint venture, or any other business entity. See N.Y. General Business Law 736
• Person: means an individual, corporation, company, partnership, municipality, not-for-profit corporation or any other entity whatsoever. See N.Y. General Business Law 750-A
• Person: means any individual, corporation, partnership, association, municipality, or other legal entity. See N.Y. General Business Law 752
• Person: means any individual, firm, corporation, association or partnership, cooperative association, joint venture, joint stock association, business trust, their lessees, trustees or receivers, governmental unit or public authority whether or not incorporated. See N.Y. General Business Law 760
• Person: means a natural person. See N.Y. General Business Law 770
• Personal property: All property that is not real property.
• Pet: means any domestic animal that has been adapted or tamed to live in intimate association with people but is not limited to, dogs, cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits. See N.Y. General Business Law 750-A
• Pet cemetery: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains. See N.Y. General Business Law 750-A
• Pet crematorium: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for the cremation of pets. See N.Y. General Business Law 750-A
• pet dealer: shall mean any person who, in the ordinary course of business, engages in the sale or offering for sale of more than nine animals per year for profit to the public. See N.Y. General Business Law 752
• Pet owner: means the person who is listed as the owner of the pet in veterinary records or pet cemetery or crematorium records or his or her agent or employee. See N.Y. General Business Law 750-A
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Present teacher: shall mean any teacher who was a teacher on or before the first day of August, nineteen hundred twenty-one, whose membership in the retirement system created by this article has been continuous and
  
  a. See N.Y. Education Law 501
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project: shall mean any solid waste management-resource recovery facility of which, or any portion of which, the planning, development, financing, construction, operation or maintenance is authorized to be undertaken in whole or in part by the authority pursuant to this title. See N.Y. Public Authorities Law 2049-B
• 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.
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail pet shop: means any for-profit place of business that sells or offers for sale animals to be kept as household pets, pet food or supplies, but shall not include breeders who sell or offer to sell directly to the consumer animals that are born and raised on the breeder's residential premises. See N.Y. General Business Law 752
• Retirement allowance: shall mean the pension plus the annuity. See N.Y. Education Law 501
• Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. Education Law 501
• Retirement fund: shall mean the state teachers' retirement fund for public school teachers of the state of New York as created by chapter one hundred forty of the laws of nineteen hundred ten, chapter four hundred forty-nine of the laws of nineteen hundred eleven, chapter forty-four of the laws of nineteen hundred fourteen, chapter one hundred three of the laws of nineteen hundred nineteen and chapter one hundred sixty-one of the laws of nineteen hundred twenty-three. See N.Y. Education Law 501
• Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. Education Law 501
• Revenues: shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. See N.Y. Public Authorities Law 2049-B
• Roofing contractor: means a person, firm or corporation, including but not limited to, a person that is a nonresident roofing contractor, independent contractor, day laborer or subcontractor engaged in the business of roofing, gutter, downspout or siding services for a fee or who offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration or waterproofing. See N.Y. General Business Law 770
• sale: means any transfer of title or of the right of use by sale, conditional sales contract, lease bailments, including rentals of hearing aids hire-purchase, or any other means; excluding wholesale transactions of dealers and distributors. See N.Y. General Business Law 789
• Secretary: means the secretary of state. See N.Y. General Business Law 789
• Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. Education Law 501
• 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.
• silvopasturing: shall mean the intentional combination of trees, forages and livestock managed as a single integrated practice for the collective benefit of each, including the planting of appropriate grasses and legume forages among trees for sound grazing and livestock husbandry. See N.Y. Agriculture and Markets Law 301
• Solid waste: shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2049-B
• State: shall mean the state of New York. See N.Y. Public Authorities Law 2049-B
• Statute: A law passed by a legislature.
• Subcontractor: means any person, firm, partnership, corporation, company, association, organization or other entity, or any combination thereof, which is a party to a contract with a contractor or another subcontractor to perform a portion of work pursuant to a construction contract. See N.Y. General Business Law 756
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Teacher: shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal, supervisor, supervisory principal, director, superintendent, city superintendent, assistant city superintendent, district superintendent and other member of the teaching or professional staff of any class, public school, vocational school, truant reformatory school or parental school, and of any or all classes of schools within the state of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York state education department or of a duly elected board of education, board of school directors or board of trustees of the state or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods. See N.Y. Education Law 501
• 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.
• Town: shall mean the town of North Hempstead. See N.Y. Public Authorities Law 2049-B
• Trainee: means a person twenty-one years of age or older, who upon receiving a temporary certificate of registration, is studying hearing aid dispensing full-time for the purpose of qualifying to sit for the registration examination. See N.Y. General Business Law 789
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Underground facilities: means pipelines, conduits, ducts, cables, wires, manholes, vaults or other such facilities or their attachments, which have been installed underground by an operator to provide services or materials. See N.Y. General Business Law 760
• 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}
• Vendee: means any individual or individuals who have contracted with a vendor for construction of a home on land not owned at the time of such agreement by such individual or individuals. See N.Y. General Business Law 780
• Vendor: means any person, firm, corporation, or association engaged in the business of erecting or constructing homes. See N.Y. General Business Law 780
• Venue: The geographical location in which a case is tried.
• Veterinarian: means a person licensed to practice the profession of veterinary medicine as defined by § 6701 of the education law. See N.Y. General Business Law 750-A
• 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.
• Viable agricultural land: means land highly suitable for a farm operation as defined in this section. See N.Y. Agriculture and Markets Law 301
• Warrantor: means any person who issues a written warranty pursuant to section seven hundred thirty-one of this article. See N.Y. General Business Law 730
• Warranty date: means the date of the passing of title to the first owner for occupancy by such owner or such owner's family as a residence, or the date of first occupancy of the home as a residence, whichever first occurs. See N.Y. General Business Law 777