Terms Used In New York Laws > Civil Practice Law and Rules > Article 12
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Cost: means the cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any federal or state funds, other than those provided pursuant to this article, for such project received or to be received. See N.Y. Environmental Conservation Law 56-0101
- Environmental restoration project: means a project to investigate or to remediate contamination pursuant to title five of this article. See N.Y. Environmental Conservation Law 56-0101
- 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
- Federal assistance: means funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 56-0101
- 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.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Governing body: means :
(a) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;
(b) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;
(c) in the case of a town, the town board;
(d) in the case of a school district, the board of education thereof;
(e) in the case of a supervisory district, the board of cooperative educational services thereof;
(f) in the case of a public benefit corporation, the board of directors, members or trustees thereof;
(g) in the case of a public authority, the governing board of directors, members, or trustees thereof;
(h) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and
(i) in the case of an Indian tribe, any governing body recognized by the United States or the state of New York. See N.Y. Environmental Conservation Law 56-0101
- Grantor: The person who establishes a trust and places property into it.
- 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.
- Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 56-0403
- Landfill gas management system: means a system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 56-0403
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 56-0101
- Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 56-0101
- 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.
- Responsible party: means a party responsible under applicable principles of statutory or common law liability to remediate the contamination located at, or emanating from, real property subject to an environmental restoration project. See N.Y. Environmental Conservation Law 56-0101
- 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.
- Testator: A male person who leaves a will at death.