Title A Short Title, Applicability and Definitions
Title B The Criminal Courts
Title C General Principles Relating to Requirements for and Exemptions From Criminal Prosecution
Title D Rules of Evidence, Standards of Proof and Related Matters

Terms Used In New York Laws > Criminal Procedure > Part 1

  • ABA: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See N.Y. Education Law 8801
  • Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. Education Law 651
  • accredited investor: shall mean (i) a natural person whose individual net worth (or joint net worth with his or her spouse) will exceed one million dollars at the time of purchase, or (ii) a natural person who has an individual income (exclusive of any income attributable to a spouse) of more than two hundred thousand dollars for

    the past two years or joint income with a spouse of more than three hundred thousand dollars in each of those years and has a reasonable expectation of reaching the same income level in the current year, or (iii) an entity in which each equity owner is an accredited investor under subparagraph (i) or (ii) of this paragraph, or (iv) either an organization described in section 501 (C)(3) of the Internal Revenue Code of 1986, as amended, a corporation, a Massachusetts or similar business trust, or a partnership, in each case not formed for the specific purpose of acquiring the securities being offered, and with total assets in excess of five million dollars, or (v) a trust, with total assets in excess of five million dollars, not formed for the specific purpose of acquiring the securities, whose purchase of the securities is directed by a person who has such knowledge and experience in business and financial matters that he or she is capable, as defined by the Securities Act of 1933, as amended, of evaluating the merits and risks of the prospective investment, or a bank, as defined in section 3(a)(2) of the Securities Act of 1933, as amended, (A) acting in its fiduciary capacity as trustee, or (B) subscribing for the purchase of securities being offered on its own behalf. See N.Y. Arts and Cultural Affairs Law 23.03

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adirondack park: shall include all lands located in the forest preserve counties of the Adirondacks within the following described boundaries, to wit: Beginning at the most southerly corner of lot 166 of the John Glen and 44 Others Patent in the line between such patent and the twenty-first allotment of the Kayaderosseras Patent; thence northeasterly along the said line and along the southerly bounds of John Glen and 44 Others Patent and of the Sanders Patent to the southeasterly corner of the Sanders Patent; thence continuing northeasterly along the division line between the twenty-second and twenty-fourth allotments of the Kayaderosseras Patent to the southeasterly corner of the twenty-fourth allotment of the Kayaderosseras Patent; thence northerly along the division line between the twenty-fourth and the twenty-fifth allotments of that patent to the northeasterly corner of the twenty-fourth allotment; thence easterly along the north line of the twenty-fifth allotment and the southerly lines of John Glen and 44 Others Patent, the Luzerne Tract and the Glen Patent to the southeasterly corner of the Glen Patent; thence northerly along the easterly lines of the Glen Patent and the Luzerne Tract to the northwesterly corner of the Queensbury Patent; thence easterly along the northerly bounds of the Queensbury Patent to the northeasterly corner thereof; thence southerly along the easterly bounds of the Queensbury Patent to the northwesterly corner of the Kingsbury Patent; thence easterly along the northerly bounds of the Kingsbury Patent to the southwesterly corner of the Artillery Patent; thence northerly along the westerly line of the Artillery Patent to the northwesterly corner of the Artillery Patent; thence easterly along the northerly bounds of the Artillery Patent to the southwesterly corner of the town of Whitehall; thence northerly along the westerly line of the town of Whitehall to the southern boundary of the town of Dresden; thence in a general northerly and easterly direction along the town line to the state boundary at the outlet of South Bay; thence in a northerly direction along the state boundary to the northeastern corner of the town of Peru in Clinton county; thence in a westerly direction to the low water line of Valcour Island; thence in a general northerly and westerly direction along the northern shore of Valcour Island to the northern boundary of the town of Peru; thence in a westerly direction along the northern boundary of the town of Peru to the eastern edge of the Delaware and Hudson railroad right-of-way; thence southerly along said eastern edge of the railroad right-of-way to the intersection of said right-of-way with the eastern edge of the right-of-way of U. See N.Y. Environmental Conservation Law 9-0101
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adoption: means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog or cat, seized or surrendered. See N.Y. Agriculture and Markets Law 350
  • advance ticket: shall mean a ticket of admission sold more than twelve hours in advance of the time of performance of the event for which the ticket is purchased. See N.Y. Arts and Cultural Affairs Law 23.03
  • 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.
  • Advisory committee: means the New York invasive species advisory committee established by section 9-1707 of this title. See N.Y. Environmental Conservation Law 9-1703
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural and farmland protection: means the preservation, conservation, management or improvement of lands which are part of viable farming operations, for the purpose of encouraging such lands to remain in agricultural production. See N.Y. Agriculture and Markets Law 322
  • 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 sixteen of the town law or article seven 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 use value: means the fair market value of a property that is restricted by an easement to its productive commercial agricultural use value rather than the highest and/or best potential use value for residential or other non-agricultural purposes. See N.Y. Agriculture and Markets Law 322
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Animal: as used in this article , includes every living creature except a human being;

    2. See N.Y. Agriculture and Markets Law 350

  • Animal: means a dog or a cat. See N.Y. Agriculture and Markets Law 400
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • 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.
  • 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.
  • Appearance bond: means a bail bond in which the only obligor is the principal. See N.Y. Criminal Procedure Law 500.10
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Application for recognizance or bail: means an application by a principal that the court, instead of committing him to or retaining him in the custody of the sheriff, either release him on his own recognizance or fix bail. See N.Y. Criminal Procedure Law 500.10
  • 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
  • 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.
  • 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.
  • 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: means cash bail or a bail bond. See N.Y. Criminal Procedure Law 500.10
  • Bail bond: means a written undertaking, executed by one or more obligors, that the principal designated in such instrument will, while at liberty as a result of an order fixing bail and of the posting of the bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise render himself amenable to the orders and processes of the court, and that in the event that he fails to do so the obligor or obligors will pay to the people of the state of New York a specified sum of money, in the amount designated in the order fixing bail. See N.Y. Criminal Procedure Law 500.10
  • Bank holding company: when used in this article, means any company which (a) directly or indirectly, or through a subsidiary or subsidiaries, owns, controls, or holds with power to vote (i) ten per centum or more of the voting stock of a company which is or becomes a bank holding company by virtue of this article, or (ii) ten per centum or more of the voting stock of a banking institution, or (b) controls in any manner the election of a majority of the directors of (i) a banking institution, or (ii) a company which is or becomes a bank holding company by virtue of this article, or (c) is a company, for the benefit of whose stockholders or members ten per centum or more of the voting stock of a banking institution or of a company which is or becomes a bank holding company by virtue of this article is held, directly or indirectly, by a trustee or trustees, or (d) through a combination of (i) ownership, control or holding, directly or indirectly, of voting stock and (ii) voting stock and held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company, if such voting stock is voting stock of one or more banking institutions or of one of more companies which are or become bank holding companies by virtue of this article, as the case may be, is a company which would be a bank holding company if the aggregate of such voting stock were either entirely owned, controlled or held, directly or indirectly, by such company or entirely held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company. See N.Y. Banking Law 141
  • Banking institution: when used in this article, means a bank, a trust company, a stock-form savings bank or a stock-form savings and loan association. See N.Y. Banking Law 141
  • banking institution: shall mean and include banks, trust companies, savings banks, savings and loan associations and foreign banking corporations licensed, pursuant to section twenty-six of this chapter, to maintain a branch in the state, as so defined. See N.Y. Banking Law 190
  • banking law: refer to laws of the state;

    4. See N.Y. New York City Administrative Code 11-601

  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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 board of trustees of the New York state higher education services corporation. See N.Y. Education Law 651
  • Cash bail: means a sum of money, in the amount designated in an order fixing bail, posted by a principal or by another person on his behalf with a court or other authorized public servant or agency, upon

    the condition that such money will become forfeit to the people of the state of New York if the principal does not comply with the directions of a court requiring his attendance at the criminal action or proceeding involved or does not otherwise render himself amenable to the orders and processes of the court. See N.Y. Criminal Procedure Law 500.10

  • Catskill park: shall include all lands located in the counties of Greene, Delaware, Ulster and Sullivan within the following described boundaries, to wit: Beginning in Ulster county at the intersection of the easterly line of the Hardenburgh Patent with the southerly bounds of the Rondout Reservoir; thence running southwesterly along the easterly line of Great Lot 4 of the Hardenburgh Patent to the southeasterly corner of lot one of the East Allotment, east division of Great Lot 4; thence northwesterly along the southerly bounds of lots one, 7, 8, 14, 17, 22, 26, 33, 37 and 46 of said East Allotment, east division of Great Lot 4 and along the southerly bounds of lots 67, 49, 48, 47, 46, 45, 44, 43, 42 and 41 of the Middle Allotment, east division of Great Lot 4 to the center of the Neversink creek; thence northerly along the center of the Neversink creek to the southeasterly corner of lot 37 of the West Allotment, east division of Great Lot 4; thence northwesterly along the southerly bounds of lots 37, 27, 22, 11 and 6 of said West Allotment, east division of Great Lot 4 to a point in the easterly line of the town of Rockland in Sullivan county; thence southerly along the easterly line of the town of Rockland in Sullivan county to the northeasterly corner of the town of Liberty; thence northwesterly along the northerly line of the town of Liberty in Sullivan county to the southwesterly corner of lot 120 of the East Allotment, middle division of Great Lot 4; thence northwesterly along the southerly bounds of lots 119 and 118 of the East Allotment, middle division of Great Lot 4 to a point in the center of the Willowemoc creek; thence westerly down the center of the Willowemoc creek to its confluence with the Beaver Kill; thence northwesterly down

    the center of said Beaver Kill to the southwesterly line of the town of Colchester in Delaware county; thence northwesterly along said southwesterly line of the town of Colchester in Delaware county to the westerly bank of the east branch of the Delaware river; thence along the westerly bank of the said east branch of the Delaware river and the westerly bounds of the Pepacton reservoir to its intersection with the mouth of the Bush Kill at or near the village of Arkville; thence up along the center of said Bush Kill to the New York Central Railroad; thence along the said New York Central Railroad easterly to the line between the counties of Delaware and Ulster; thence northeasterly along that line to the southerly line of Greene county; thence northwesterly along the southerly line of Greene county to the southwesterly corner of Great Lot No. See N.Y. Environmental Conservation Law 9-0101

  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • 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
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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
  • Clinical: shall mean activities directly relating to the treatment or diagnosis of human ailments. See N.Y. Education Law 8701
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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
  • Commission: shall mean the empire state plaza art commission created by this article. See N.Y. Arts and Cultural Affairs Law 4.03
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 258-BB
  • Commissioner of finance: means the commissioner of finance of the city. See N.Y. New York City Administrative Code 11-1901
  • Commissioner of finance: means the commissioner of finance of the city;

    6. See N.Y. New York City Administrative Code 11-601

  • committee: means the state committee for pathologists' assistants created by this article. See N.Y. Education Law 8850
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
  • Company: when used in this article, means any corporation, partnership, trust, unincorporated association, joint stock association or similar organization organized under the laws of the state of New York, or if not so organized, doing business in the state of New York, or any individual residing or doing business in the state of New York, or any combination of individuals which combination is residing or is doing business in the state of New York, any combination of the foregoing which combination is residing or is doing business in the state of New York, or any such individual and any of the foregoing acting in concert, but shall not include (a) any corporation the majority of the stock of which is owned by the United States or by any state unless the superintendent determines that it would be in the public interest to deem such a corporation to constitute a company, or (b) any corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and no substantial part of the activities of which is the carrying on of propaganda, or otherwise attempting to influence legislation unless the superintendent determines that it would be in the public interest to deem such a corporation, community chest, fund, or foundation to constitute a company, or (c) any corporation or partnership owning or controlling stock acquired in connection with an underwriting of securities and which is held only for such period of time as will permit the sale thereof upon a reasonable basis. See N.Y. Banking Law 141
  • concert: shall mean any live performance whether musical or spoken, dramatic or nondramatic, by one or more performers, which is presented to the public in a place of entertainment, as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
  • 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
  • Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See N.Y. Agriculture and Markets Law 253
  • Consumer: means any individual purchasing an animal from a pet dealer. See N.Y. Agriculture and Markets Law 400
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. Education Law 651
  • Council: means the New York invasive species council established by section 9-1705 of this title. See N.Y. Environmental Conservation Law 9-1703
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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
  • Court: includes , where appropriate, a judge authorized to act as described in a particular statute, though not as a court. See N.Y. Criminal Procedure Law 500.10
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • 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
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • 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
  • cruelty: includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. See N.Y. Agriculture and Markets Law 350
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department of finance: means the department of finance of the city;

    7. See N.Y. New York City Administrative Code 11-601

  • 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.
  • Direct marketing: means the sale of farm and food products directly from producers to consumers and food buyers. See N.Y. Agriculture and Markets Law 282
  • direction and supervision: means continuous direction and supervision, but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed. See N.Y. Education Law 8850
  • Director: means the director of the division of milk control. See N.Y. Agriculture and Markets Law 253
  • 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:
  • Division: means the division of milk control created by this article. See N.Y. Agriculture and Markets Law 253
  • Docket: A log containing brief entries of court proceedings.
  • Doing business: when used in this article, shall include the maintenance by a foreign company of a place of business in this state, or the conduct by a foreign company of operations in this state, or the acquisition, owning or holding by a foreign company of any stock or assets of any banking institution or any company which directly or indirectly owns, controls or holds with power to vote ten per centum or more of the voting stock of a banking institution. See N.Y. Banking Law 141
  • Domestic corporation: means a corporation organized under the laws of the state; and

    8. See N.Y. New York City Administrative Code 11-601

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Ecosystem: means the complex of a community of organisms and its environment. See N.Y. Environmental Conservation Law 9-1703
  • Electronic appearance: means an appearance in which various participants, including the defendant, are not present in the court, but in which, by means of an independent audio-visual system, (a) all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsel, defendant, police officer, and any other appropriate participant, and (b) counsel is present with the defendant, or if the defendant waives the presence of counsel on the record, the defendant and his or her counsel are able to see and hear each other and engage in private conversation. See N.Y. Criminal Procedure Law 182.10
  • Electronic arraignment: means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system. See N.Y. Criminal Procedure Law 185.10
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Entertainment: means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show. See N.Y. Arts and Cultural Affairs Law 25.03
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established price: means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission. See N.Y. Arts and Cultural Affairs Law 25.03
  • event: shall mean a theatrical production or sporting event, as those terms are defined in this subdivision, or any other public exhibition, game, show, contest or performance which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
  • Ex officio: Literally, by virtue of one's office.
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See N.Y. Criminal Procedure Law 570.04
  • Executor: A male person named in a will to carry out the decedent
  • Executrix: The female counterpart of an executor. See also
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Farm animal: as used in this article , means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in section 11-1907 of the environmental conservation law, which are raised for commercial or subsistence purposes. See N.Y. Agriculture and Markets Law 350
  • 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
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Final auction price: shall mean the price paid for a single ticket by a winning bidder. See N.Y. Arts and Cultural Affairs Law 25.03
  • 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
  • fire retired employee: shall mean any person who was retired for service on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred and sixty-three, or retired for disability on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred sixty-four and receives, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the fire department. See N.Y. New York City Administrative Code 13-671
  • 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
  • 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
  • forest fire: is a fire which is burning forest or wood lands, or which, if permitted to extend, would burn forest or upon forest lands. See N.Y. Environmental Conservation Law 9-0101
  • Forest land: includes not only lands which may be covered with tree growth but also lands which are best adapted to forests. See N.Y. Environmental Conservation Law 9-0101
  • forest preserve: shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except:

    a. See N.Y. Environmental Conservation Law 9-0101

  • 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.
  • 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.
  • GIS: means geographic information system. See N.Y. Environmental Conservation Law 9-1703
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See N.Y. Criminal Procedure Law 570.04
  • 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.
  • Gross sales value: means the proceeds from the sale of:

    a. See N.Y. Agriculture and Markets Law 301

  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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
  • Illicit alcoholic beverage: means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported on which any tax required to have been paid under any applicable federal law has not been paid. See N.Y. Alcoholic Beverage Control Law 150
  • 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
  • Independent audio-visual system: means an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. Criminal Procedure Law 182.10
  • Independent audio-visual system: shall mean an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. Criminal Procedure Law 185.10
  • 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.
  • Industrial hemp: means the plant Cannabis sativa L. See N.Y. Agriculture and Markets Law 505
  • 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
  • Insurance company bail bond: means a surety bond, executed in the form prescribed by the superintendent of financial services, in which the surety-obligor is a corporation licensed by the superintendent of financial services to engage in the business of executing bail bonds. See N.Y. Criminal Procedure Law 500.10
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Introduction: means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. See N.Y. Environmental Conservation Law 9-1703
  • Invasive species: means a species that is:

    (a) nonnative to the ecosystem under consideration; and

    (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. See N.Y. Environmental Conservation Law 9-1703

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juror: A person who is on the jury.
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a licensed milk dealer. See N.Y. Agriculture and Markets Law 253
  • 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
  • limited liability company: means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability company formed pursuant to section one hundred two-a of the banking law. See N.Y. New York City Administrative Code 11-1701
  • limited liability company: means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability trust company formed pursuant to section one hundred two-a of the banking law. See N.Y. New York City Administrative Code 11-1901
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • locker plant: shall mean any building, or portion thereof, under such chemical refrigeration, in which individual compartments or lockers, each of not more than one hundred cubic feet capacity, are rented for the purpose of freezer storage of articles of food. See N.Y. Agriculture and Markets Law 230
  • 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
  • Medical physics: shall mean the branch of physics limited to the field of radiological physics. See N.Y. Education Law 8701
  • Milk broker: means any person who buys and sells milk for licensees on a fee or commission basis or who arranges for or negotiates contracts to buy or sell milk among licensees. See N.Y. Agriculture and Markets Law 253
  • Milk dealer: means any person who purchases, handles or sells milk, or bargains for the purchase or sale of milk, including brokers and agents. See N.Y. Agriculture and Markets Law 253
  • Milk production area: as used in this article means those dairy farms maintained primarily as a source of fluid milk for a marketing area. See N.Y. Agriculture and Markets Law 258-L
  • 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.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Native species: means , with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem. See N.Y. Environmental Conservation Law 9-1703
  • Net earnings from self-employment: means the same as net earnings from self-employment as defined in subsection (a) of section fourteen hundred two of the internal revenue code, except that the deduction for wages and salaries paid or incurred for the taxable year which is not allowed pursuant to section two hundred eighty C of such code shall be allowed, and except that an estate or trust shall be deemed to have net earnings from self-employment determined in the same manner as if it were an individual subject to the tax on self-employment income imposed by section fourteen hundred one of the internal revenue code diminished by: (1) the amount of any deduction allowed by subsection (c) of section six hundred forty-two of the internal revenue code and (2) the deductions allowed by sections six hundred fifty-one and six hundred sixty-one of said code to the extent that they represent distributions or payments to a resident of the city. See N.Y. New York City Administrative Code 11-1901
  • Not-for-profit conservation organization: means an organization as defined in subdivision two of section 49-0303 of the environmental conservation law. See N.Y. Agriculture and Markets Law 322
  • Not-for-profit organization: means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the department of law, a religious corporation as defined in section sixty-six of the general construction law, a trustee as defined in section 8-1. See N.Y. Arts and Cultural Affairs Law 25.03
  • 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.
  • Obligor: means a person who executes a bail bond on behalf of a principal and thereby assumes the undertaking described therein. See N.Y. Criminal Procedure Law 500.10
  • 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
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See N.Y. Arts and Cultural Affairs Law 25.03
  • Operator: means the individual authorized by the court to operate the closed-circuit television equipment used in accordance with the provisions of this article. See N.Y. Criminal Procedure Law 65.00
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order of recognizance or bail: means a securing order releasing a principal on his own recognizance or fixing bail. See N.Y. Criminal Procedure Law 500.10
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • partnership: shall include , unless a different meaning is clearly required, a subchapter K limited liability company. See N.Y. New York City Administrative Code 11-1701
  • partnership: shall include , unless a different meaning is clearly required, a subchapter K limited liability company. See N.Y. New York City Administrative Code 11-1901
  • Performing group: means any vocal or instrumental group seeking to use, using, advertising the use of, or promoting the name of a recording group that has previously released a commercial sound recording under the name of such recording group. See N.Y. Arts and Cultural Affairs Law 34.03
  • person: shall mean an individual, firm, company, partnership, corporation, trust or association. See N.Y. Arts and Cultural Affairs Law 23.03
  • Person: means any individual, firm, co-partnership, association or corporation, other than the state or a public corporation, as the latter is defined in subdivision 1 of section 3 of the General Corporation Law. See N.Y. Environmental Conservation Law 9-0101
  • Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 253
  • Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 258-BB
  • Personal property: All property that is not real property.
  • pet: means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. See N.Y. Agriculture and Markets Law 350
  • Pet Dealer: means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. See N.Y. Agriculture and Markets Law 400
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Physical structure: means the place of entertainment, or in the case where a structure either partially or wholly surrounds the place of entertainment, such surrounding structure. See N.Y. Arts and Cultural Affairs Law 25.03
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this title. See N.Y. Education Law 8850
  • place of entertainment: shall mean a theatre, dinner theatre, hall, coliseum, convention center, arena, auditorium, stadium, concert hall, garden, outdoor space or other place of amusement operated as a for profit entity and located in this state in which theatrical productions, sporting events or other events are presented. See N.Y. Arts and Cultural Affairs Law 23.03
  • Place of entertainment: means any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged. See N.Y. Arts and Cultural Affairs Law 25.03
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the plan developed pursuant to section 9-1705 of this title. See N.Y. Environmental Conservation Law 9-1703
  • Plan: means the county and municipal agricultural and farmland protection plan as provided for in this article. See N.Y. Agriculture and Markets Law 322
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • police retired employee: shall mean any person who was retired for service on or after June fifth, nineteen hundred sixty and prior to May first, nineteen hundred sixty-three and receives, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the police department. See N.Y. New York City Administrative Code 13-662
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Pre-trial motion: as used in this article means any motion by a defendant which seeks an order of the court:

    (a) dismissing or reducing an indictment pursuant to article 210 or removing an action to the family court pursuant to article 722; or

    (b) dismissing an information, prosecutor's information, simplified information or misdemeanor complaint pursuant to article 170; or

    * (c) granting discovery pursuant to article 240; or

    * NB Effective until January 1, 2020

    * (c) granting discovery pursuant to article 245; or

    * NB Effective January 1, 2020

    (d) granting a bill of particulars pursuant to sections 100. See N.Y. Criminal Procedure Law 255.10

  • Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. Source: OCC
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President: shall mean the president of the corporation. See N.Y. Education Law 651
  • 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.
  • principal: shall mean and include every person or firm directly or indirectly controlling the business affairs or operations of a theatrical production company or of a ticket distributor, as defined herein. See N.Y. Arts and Cultural Affairs Law 23.03
  • Principal: means a defendant in a criminal action or proceeding, or a person adjudged a material witness therein, or any other person so involved therein that he may by law be compelled to appear before a court for the purpose of having such court exercise control over his person to secure his future attendance at the action or proceeding when required, and who in fact either is before the court for such purpose or has been before it and been subjected to such control. See N.Y. Criminal Procedure Law 500.10
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • 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.
  • Producer: means a person producing milk. See N.Y. Agriculture and Markets Law 253
  • Producer: means any person who grows, produces, or causes to be grown or produced any farm and food products in New York state. See N.Y. Agriculture and Markets Law 282
  • Program: means the state agricultural and farmland protection program created pursuant to the provisions of this article. See N.Y. Agriculture and Markets Law 322
  • Proofs: means multiples which are the same as, and which are produced from the same masters as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate. See N.Y. Arts and Cultural Affairs Law 11.01
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public or private agency: shall mean any agency of federal, state or local government, regional market authority, public benefit corporation, not-for-profit corporation, cooperative corporation or educational institution. See N.Y. Agriculture and Markets Law 260
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: shall mean all ionizing radiation above background levels or any non-ionizing radiation used in diagnostic imaging or in radiation oncology. See N.Y. Education Law 8701
  • Radiological physics: shall mean diagnostic radiological physics, therapeutic radiological physics or radiation oncology physics, medical nuclear physics and medical health physics. See N.Y. Education Law 8701
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recording group: means any vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which such member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See N.Y. Arts and Cultural Affairs Law 34.03
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • refrigerated warehouse: shall mean any establishment or structure, or portion thereof, where space is rented or hired for the storage of food at or below the temperature of forty-five degrees Fahrenheit for more than thirty days. See N.Y. Agriculture and Markets Law 230
  • refrigeration: shall mean the storage or keeping of articles of food in a refrigerated warehouse at or below a temperature above zero of forty-five degrees Fahrenheit. See N.Y. Agriculture and Markets Law 230
  • REIT: means a real estate investment trust as defined in section eight hundred fifty-six of the internal revenue code. See N.Y. New York City Administrative Code 11-601
  • 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).
  • 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
  • Resale: means any sale of a ticket for entrance to a place of entertainment located within the boundaries of the state of New York other than a sale by the operator or the operator's agent who is expressly authorized to make first sales of such tickets. See N.Y. Arts and Cultural Affairs Law 25.03
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RIC: means a regulated investment company as defined in section eight hundred fifty-one of the internal revenue code. See N.Y. New York City Administrative Code 11-601
  • 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
  • Secured bail bond: means a bail bond secured by either:

    (a) Personal property which is not exempt from execution and which, over and above all liabilities and encumbrances, has a value equal to or greater than the total amount of the undertaking; or

    (b) Real property having a value of at least twice the total amount of the undertaking. See N.Y. Criminal Procedure Law 500.10

  • Securing order: means an order of a court committing a principal to the custody of the sheriff, or fixing bail, or releasing him on his own recognizance. See N.Y. Criminal Procedure Law 500.10
  • 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.
  • 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
  • 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
  • Soil and water conservation district: means an entity as defined in subdivision one of section three of the soil and water conservation districts law. See N.Y. Agriculture and Markets Law 322
  • Species: means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. See N.Y. Environmental Conservation Law 9-1703
  • 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: shall mean a facility or equipment with a refrigerated, controlled atmosphere, or other enclosed unit used for the purpose of long-term storage of farm and food products in connection with a farmers' market. See N.Y. Agriculture and Markets Law 260
  • Store: means an individual business establishment at one location including a grocery store, hotel, restaurant, soda fountain, dairy products store, automatic milk vending machine, gasoline station or a similar mercantile establishment offering goods and/or services at retail to individual consumers. See N.Y. Agriculture and Markets Law 253
  • subpoena: includes a "subpoena duces tecum. See N.Y. Criminal Procedure Law 610.10
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subsidiary: when used in this article, means (a) any company ten per centum or more of whose voting stock is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled, or held with power to vote, by a bank holding company; or (b) any company the election of a majority of whose directors is controlled in any manner by a bank holding company; or (c) any company ten per centum or more of whose voting stock is directly or indirectly owned, controlled, or held with power to vote, by a trustee or trustees for the benefit of the stockholders or members of a bank holding company; or (d) any company at least ten per centum of the voting stock of which is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled or held with power to vote by a combination of a bank holding company and by a trustee or trustees for the benefit of the stockholders or members of such bank holding company. See N.Y. Banking Law 141
  • subsidiary: when used in this article, shall each have the same meaning specified in section one hundred forty-one of this chapter. See N.Y. Banking Law 150
  • Subsidiary trust company: when used in this article, means a trust company which is subject to the provisions of this article. See N.Y. Banking Law 150
  • 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
  • Surety: means an obligor who is not a principal. See N.Y. Criminal Procedure Law 500.10
  • Surety bond: means a bail bond in which the obligor or obligors consist of one or more sureties or of one or more sureties and the principal. See N.Y. Criminal Procedure Law 500.10
  • Syndication: shall mean all forms, methods and devices for pooling of investment funds for the chief purpose of participating in a theatrical production company, as defined herein. See N.Y. Arts and Cultural Affairs Law 23.03
  • Tax appeals tribunal: means the tax appeals tribunal established by section one hundred sixty-eight of the charter. See N.Y. New York City Administrative Code 11-601
  • Taxable year: means the taxpayer's taxable year for federal income tax purposes. See N.Y. New York City Administrative Code 11-1901
  • Taxpayer: means any corporation, association or other entity or individual subject to tax under this chapter;

    2. See N.Y. New York City Administrative Code 11-601

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • 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.
  • theatrical production: shall mean those live-staged dramatic productions, dramatic-musical productions and concerts, as defined in this subdivision, which hereafter are shown to the public for profit and which are financed wholly or in part by the offering or sale in or from this state, directly, or through agents or distributors, of investment agreements, evidences of interest, limited partnerships, producer shares, equity or debt securities, pre-organization subscriptions or any other syndication participation, when any persons are offered, solicited to purchase or sell, directly or indirectly, such syndication interests for moneys or services within or from the state of New York; provided, however, that for purposes of paragraphs (h) and (i) of this subdivision a "theatrical production" shall mean any live-staged dramatic production, dramatic-musical production or concert which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
  • theatrical production company: shall mean any entity formed to (i) develop, produce, invest in or otherwise exploit, or any combination thereof, one or more specified or nonspecified theatrical productions, and (ii) conduct all activities related thereto. See N.Y. Arts and Cultural Affairs Law 23.03
  • this city: as used in this chapter means the city of New York; "tax commission" as used in this chapter means the tax commission of the state of New York; and "state" or "this state" as used in this chapter means the state of New York. See N.Y. New York City Administrative Code 11-1707
  • This state: means the state of New York. See N.Y. New York City Administrative Code 11-1901
  • this state: means the state of New York;

    3. See N.Y. New York City Administrative Code 11-601

  • Ticket: means any evidence of the right of entry to any place of entertainment. See N.Y. Arts and Cultural Affairs Law 25.03
  • Ticket office: means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public. See N.Y. Arts and Cultural Affairs Law 25.03
  • 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.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust office: when used in this article with respect to a subsidiary trust company, means an office of the subsidiary trust company maintained for the purpose of conducting its business. See N.Y. Banking Law 150
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • 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
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Vulnerable child witness: means a child witness whom a court has declared to be vulnerable. See N.Y. Criminal Procedure Law 65.00
  • Wages: means wages as defined in subsection (a) of section thirty-four hundred one of the internal revenue code, except that (1) wages shall not include payments for active service as a member of the armed forces of the United States and shall not include, in the case of a nonresident individual or partner of a partnership doing an insurance business as a member of the New York insurance exchange described in section six thousand two hundred one of the insurance law, any item of income, gain, loss or deduction of such business which is such individual's distributive or pro rata share for federal income tax purposes or which such individual is required to take into account separately for federal income tax purposes, and (2) wages shall include (i) the amount of member or employee contributions to a retirement system or pension fund picked up by the employer pursuant to subdivision f of section five hundred seventeen or subdivision d of section six hundred thirteen of the retirement and social security law or section 13-225. See N.Y. New York City Administrative Code 11-1901
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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