Terms Used In New York Laws > Agriculture and Markets > Article 25-AAAA - Farmland Viability Program

• 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
• administrator: shall mean the corporation, partnership, firm, institution, sole proprietorship or other entity or person that is responsible for operating, facilitating or administering the means, digital or otherwise, by which a business platform facilitates a peer-to-peer car sharing program for financial consideration, but shall not include a person or entity engaged in the business of renting or leasing rental vehicles to be operated upon the public highways for carrying passengers or non-profit or charitable organizations that facilitate peer-to-peer car sharing in exchange for payment of a fee or for financial consideration. See N.Y. General Business Law 900
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agreement: shall mean the terms and conditions that govern the use of a shared vehicle through a peer-to-peer car sharing program. See N.Y. General Business Law 900
• Allegation: something that someone says happened.
• Amateur: means any participant in a combative sport authorized pursuant to this article who is not receiving or competing for, and who has never received or competed for, any purse, money, prize, pecuniary gain, or other thing of value exceeding seventy-five dollars or the allowable amount established by the authorized amateur sanctioning entity overseeing the competition. See N.Y. General Business Law 1000
• Amortization: Paying off a loan by regular installments.
• 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.
• 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.
• Authorized sanctioning entity: means an entity allowed to oversee and conduct combative sports pursuant to regulations promulgated by the commission. See N.Y. General Business Law 1000
• 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}
• Board: shall mean the New York secure choice savings program board established under this article. See N.Y. General Business Law 1300
• car sharing period: shall mean the period of time that shall commence with the peer-to-peer car sharing delivery period or, if there is no peer-to-peer car sharing delivery period, the period of time that shall commence with the peer-to-peer car sharing start time and, in either case, shall end at the peer-to-peer car sharing termination time. See N.Y. General Business Law 900
• Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
• Combative sport: means any unarmed bout, contest, competition, match, or exhibition undertaken to entertain an audience, wherein the participants primarily grapple or wrestle, or deliver blows of any kind to, or use force in any way to manipulate, the body of another participant, and wherein the outcome and score depend entirely on such activities. See N.Y. General Business Law 1000
• Commission: means the state athletic commission as provided for in section one thousand three of this article, or an agent or employee of the state athletic commission acting on its behalf. See N.Y. General Business Law 1000
• Commissioner: shall mean the commissioner of taxation and finance. See N.Y. General Business Law 1300
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comptroller: shall mean the comptroller of the state. See N.Y. General Business Law 1300
• Contemplation of death: The expectation of death that provides the primary motive to make a gift.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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.
• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• Employee: shall mean any individual who is eighteen years of age or older, who is employed by an employer, and who earned wages working for an employer in New York state during a calendar year. See N.Y. General Business Law 1300
• 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
• Employer: shall mean a person or entity engaged in a business, industry, profession, trade, or other enterprise in New York state, whether for profit or not for profit, that (i) has at all times during the previous calendar year employed at least ten employees in the state, (ii) has been in business at least two years, and (iii) has not offered a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Internal Revenue Code of 1986 in the preceding two years. See N.Y. General Business Law 1300
• Enrollee: shall mean any employee or individual who is enrolled in the program. See N.Y. General Business Law 1300
• 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.
• 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.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Group policy: means an insurance policy issued pursuant to § 3458 of the insurance law. See N.Y. General Business Law 900
• 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.
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Internal Revenue Code: shall mean the Internal Revenue Code of 1986, or any successor law, in effect for the calendar year. See N.Y. General Business Law 1300
• IRA: shall mean a Roth IRA (individual retirement account). See N.Y. General Business Law 1300
• 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.
• 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.
• 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.
• Minority leader: See Floor Leaders
• Mixed martial arts: means a combative sport wherein the rules of engagement do not limit the participants to a single, systematic, fighting discipline. See N.Y. General Business Law 1000
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating employer: shall mean an employer that facilitates access to the program's payroll deduction IRA as provided for by this article for its employees who are enrollees in the program. See N.Y. General Business Law 1300
• 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.
• Peer-to-peer car sharing: shall mean the authorized use of a shared vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See N.Y. General Business Law 900
• Peer-to-peer car sharing delivery period: shall mean the period of time during which a shared vehicle is being delivered to the location of the peer-to-peer car sharing start time, if applicable, as documented by the governing peer-to-peer car sharing program agreement. See N.Y. General Business Law 900
• Peer-to-peer car sharing start time: shall mean the time when the shared vehicle becomes subject to possession or the control of the shared vehicle driver at, or after, the time the peer-to-peer car sharing period is scheduled to begin as documented in the records of a peer-to-peer car sharing program administrator. See N.Y. General Business Law 900
• Peer-to-peer car sharing termination time: shall mean the earliest of the following events:
  
  (a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the peer-to-peer car sharing program agreement;
  
  (b) returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; or
  
  (c) when the shared vehicle owner or the shared vehicle owner's authorized designee takes possession or control of the shared vehicle. See N.Y. General Business Law 900
• Personal property: All property that is not real property.
• 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.
• 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.
• Professional: means any participant in a combative sport authorized pursuant to this article, other than an amateur, who is receiving or competing for, or who has ever received or competed for, any purse, money, prize, pecuniary gain, or other thing exceeding seventy-five dollars in value. See N.Y. General Business Law 1000
• program: means a program that facilitates the use or operation of a shared vehicle by a shared vehicle driver. See N.Y. General Business Law 900
• Program: shall mean the New York state secure choice savings program. See N.Y. General Business Law 1300
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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 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
• 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.
• Shared vehicle: means a motor vehicle that is available for sharing through a peer-to-peer car sharing program that is both:
  
  (a) used nonexclusively for peer-to-peer car sharing activity pursuant to a peer-to-peer car sharing program agreement; and
  
  (b) not otherwise made available by the shared vehicle owner for use as a rental vehicle as defined in § 137-a of the vehicle and traffic law. See N.Y. General Business Law 900
• Shared vehicle driver: shall mean a driver, as such term is defined by § 113 of the vehicle and traffic law, of a shared vehicle during the sharing period who has been authorized to use such shared vehicle pursuant to a peer-to-peer car sharing program agreement. See N.Y. General Business Law 900
• Shared vehicle owner: shall mean an owner, as defined in § 128 of the vehicle and traffic law, of a registered shared vehicle made available for use by shared vehicle drivers through a peer-to-peer car sharing program. See N.Y. General Business Law 900
• Subpoena: A command to a witness to appear and give testimony.
• Superintendent: shall mean the superintendent of the department of financial services. See N.Y. General Business Law 1300
• 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.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Wages: means any compensation within the meaning of section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year. See N.Y. General Business Law 1300
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.