Sections
Title 1 General Provisions 75 – 75-M
Title 2 Jurisdiction 76 – 76-I
Title 3 Enforcement 77 – 77-P
Title 4 Miscellaneous Provisions 78 – 78-A

Terms Used In New York Laws > Domestic Relations > Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affordable workforce housing: means housing for individuals and families at or below one hundred thirty percent of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. See N.Y. General Municipal Law 699-A
  • agency: shall include a corporate governmental agency established pursuant to article fifteen-A of this chapter. See N.Y. General Municipal Law 502
  • agency: shall mean a department of housing preservation and development. See N.Y. General Municipal Law 692
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: shall mean the county, city, town or village submitting an application in the manner authorized by local law for designation of an area as an empire zone. See N.Y. General Municipal Law 957
  • Applicant: means a district attorney, an assistant district attorney, and when empowered by law to conduct an investigation of or to prosecute or participate in the prosecution of a designated crime, the attorney general, an assistant attorney general, the deputy attorney general in charge of the statewide organized crime task force, or an assistant deputy attorney general of such task force. See N.Y. Criminal Procedure Law 705.00
  • 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
  • approved: as used in this title shall mean a provider who is approved by the department in accordance with department regulations and has entered into an agreement with the department for the provision of evaluations, service coordination or early intervention services. See N.Y. Public Health Law 2550
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorized organization: shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of one year immediately prior to applying for a license under this article. See N.Y. General Municipal Law 476
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Benchmark: shall mean an index of interest rates or dividend rates that is used, in whole or in part, as the basis of or as a reference for calculating or determining any valuation, payment or other measurement under or in respect of a contract, security or instrument. See N.Y. General Obligations Law 18-400
  • Benchmark replacement: shall mean a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR), to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a temporary, permanent or indefinite basis, under or in respect of a contract, security or instrument. See N.Y. General Obligations Law 18-400
  • Benchmark replacement conforming changes: shall mean , with respect to any type of contract, security or instrument, any technical, administrative or operational changes, alterations or modifications that are associated with and reasonably necessary to the use, adoption, calculation or implementation of a recommended benchmark replacement and that:

    a. See N.Y. General Obligations Law 18-400

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the board of examiners of nursing home administrators as provided for in this article. See N.Y. Public Health Law 2895-A
  • Calculating person: shall mean , with respect to any contract, security or instrument, any person (which may be the determining person) responsible for calculating or determining any valuation, payment or other measurement based on a benchmark. See N.Y. General Obligations Law 18-400
  • Case individual: means an individual with a confirmed or probable diagnosis of COVID-19. See N.Y. Public Health Law 2180
  • 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.
  • Chief fiscal officer: means a comptroller, commissioner of finance, director of finance or other officer possessing similar powers and duties, except that in a school district the term shall not mean a member of the board of education or a trustee thereof. See N.Y. General Municipal Law 800
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Children with physical disabilities: means any persons under twenty-one years of age who are disabled by reason of a defect or disability, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limiting the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumatic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphatic diseases, including, but not limited to: insufficiency of lymphatic circulatory function (to include all forms of lymphedema, both primary and secondary); lipedema; complex vascular diseases of the lymphatic

    vasculature,

    including

    lymphangiomatosis, lymphangioleio-myomatosis, lymphangiectasias, lymphangiomas, cystic hygromas,

    Gorham's

    disease,

    lymphangiosarcoma,

    and complex vascular/lymphatic malformations and syndromes, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of mental retardation. See N.Y. Public Health Law 2581

  • commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. General Municipal Law 476
  • 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 development projects: shall mean projects sponsored by not-for-profit organizations which have been approved by the zone board, which will advance the zone development plan. See N.Y. General Municipal Law 957
  • comprehensive community plan: shall mean and be interchangeable with "master plan" or "general plan. See N.Y. General Municipal Law 502
  • Contact individual: means an individual who has or may have come in contact with a case individual or who has or may have been exposed to and possibly infected with COVID-19. See N.Y. Public Health Law 2180
  • contact tracing entity: means an individual or entity employed by or under contract with the state, a local government, a state or local governmental entity, or an agent thereof, to conduct contact tracing, engage in contact tracing, or receive contact tracing information. See N.Y. Public Health Law 2180
  • Contact tracing information: means any information that includes or can reveal the identity of any case individual or contact individual, and any COVID-19-related information or test results, received or collected for the purpose or in the course of contact tracing. See N.Y. Public Health Law 2180
  • Contract: means any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. See N.Y. General Municipal Law 800
  • Coordinated standards and procedures: means standards and procedures developed by state early intervention service agencies pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541
  • Cost benefit analysis: shall mean , for purposes of paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article, a method of determining whether to certify a business enterprise based on the business enterprise's projected job creation and/or investment in the zone versus the total amount of empire zone tax benefits the business enterprise will potentially be allowed to use and

    have refunded to it and shall be a ratio of at least 10:1 for manufacturing enterprises and 20:1 for all other business enterprises, the numerator of which is the sum of (i) the estimated value of all wages and benefits paid for the first three years of certification to all existing and projected employees of the business enterprise in the zone and (ii) the estimated value of capital investments for the first three years of certification in the zone, and the denominator of which is the estimated amount of total empire zone tax benefits that may be used and may be refunded for the first three years of certification. See N.Y. General Municipal Law 957

  • Council: means the early intervention coordinating council established under section twenty-five hundred fifty-three of this title. See N.Y. Public Health Law 2541
  • county superintendent of highways: shall include county engineer or other officer performing similar duties to county superintendent in counties having no superintendent of highways. See N.Y. Highway Law 110
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • De-identified: means , in relation to contact tracing information, that the information cannot identify or be made to identify or be associated with a particular individual, directly or indirectly and is subject to technical safeguards and policies and procedures that prevent re-identification, whether intentionally or unintentionally, of any individual. See N.Y. Public Health Law 2180
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: means a person who has been charged by an accusatory instrument with the commission of an offense. See N.Y. Criminal Procedure Law 710.10
  • Density bonus: means a density increase of at least ten percent over the otherwise maximum allowable residential density or floor area ratio if part of a mixed-use development under the applicable zoning ordinance and comprehensive plan as of the date of the application by the applicant to the local government. See N.Y. General Municipal Law 699-A
  • 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.
  • Designated crime: means any crime included within the definition of a "designated offense" in subdivision eight of section 700. See N.Y. Criminal Procedure Law 705.00
  • Determining person: shall mean , with respect to any contract, security or instrument, in the following order of priority:

    a. See N.Y. General Obligations Law 18-400

  • Developmental delay: means that a child has not attained developmental milestones expected for the child's chronological age, as measured by qualified professionals using appropriate diagnostic instruments and/or procedures and informed clinical opinion, in one or more of the following areas of development: cognitive, physical, communication, social or emotional, or adaptive. See N.Y. Public Health Law 2541
  • Devise: To gift property by will.
  • Disability: means :

    (a) a developmental delay; or

    (b) a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome or other chromosomal abnormalities, sensory impairments, inborn errors of metabolism or fetal alcohol syndrome. See N.Y. Public Health Law 2541

  • 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:
  • Disposition: means the disposal of a record by destruction, sale, gift, transfer to the local government archives, or by other authorized means. See N.Y. Arts and Cultural Affairs Law 57.17
  • District: means a business improvement district established pursuant to this article. See N.Y. General Municipal Law 980
  • District charge: means a levy imposed on behalf of the district as provided in the district plan. See N.Y. General Municipal Law 980
  • Donor: The person who makes a gift.
  • Drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug user. See N.Y. General Obligations Law 12-102
  • Drug user: means the individual whose illegal drug use is the basis of an action brought pursuant to this article. See N.Y. General Obligations Law 12-102
  • Early intervention official: means an appropriate municipal official designated by the chief executive officer of a municipality and an appropriate designee of such official. See N.Y. Public Health Law 2541
  • Early intervention services: means developmental services that:

    (a) are provided under public supervision;

    (b) are selected in collaboration with the parents;

    (c) are designed to meet a child's developmental needs in any one or more of the following areas:

    (i) physical development, including vision and hearing,

    (ii) cognitive development,

    (iii) communication development,

    (iv) social or emotional development, or

    (v) adaptive development;

    (d) meet the coordinated standards and procedures;

    (e) are provided by qualified personnel;

    (f) are provided in conformity with an IFSP;

    (g) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;

    (h) include, as appropriate:

    (i) family training, counseling, home visits and parent support groups,

    (ii) special instruction,

    (iii) speech pathology and audiology,

    (iv) occupational therapy,

    (v) physical therapy,

    (vi) psychological services,

    (vii) case management services, hereafter referred to as service coordination services,

    (viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,

    (ix) early identification, screening, and assessment services,

    (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,

    (xi) nursing services,

    (xii) nutrition services,

    (xiii) social work services,

    (xiv) vision services,

    (xv) assistive technology devices and assistive technology services,

    (xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and

    (xvii) other appropriate services approved by the commissioner. See N.Y. Public Health Law 2541

  • Eavesdropping: means "wiretapping" "mechanical overhearing of a conversation" or "intercepting or accessing of an electronic communication" as those terms are defined in section 250. See N.Y. Criminal Procedure Law 710.10
  • Eligible child: means an infant or toddler from birth through age two who has a disability; provided, however, that any toddler with a disability who has been determined to be eligible for program services under § 4410 of the education law and:

    (i) who turns three years of age on or before the thirty-first day of August shall, if requested by the parent, be eligible to receive early intervention services contained in an IFSP until the first day of September of that calendar year; or

    (ii) who turns three years of age on or after the first day of September shall, if requested by the parent and if already receiving services pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year. See N.Y. Public Health Law 2541

  • Eligible youth: means a youth who is eligible to be found a youthful offender. See N.Y. Criminal Procedure Law 720.10
  • Empire zone: shall mean an area within the state that has been designated as an empire zone pursuant to this article and:

    (i) all empire zones designated under paragraph (i) of subdivision (a) and subdivision (d) of section nine hundred fifty-eight of this article shall be referred to as "investment zones" and shall be wholly contained within up to three distinct and separate contiguous areas; provided, however, that empire zones designated prior to the enactment of this paragraph shall identify up to three distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation by January first, two thousand six. See N.Y. General Municipal Law 957

  • 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
  • Evaluation: means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel and conducted pursuant to section twenty-five hundred forty-four of this title to determine a child's eligibility under this title. See N.Y. Public Health Law 2541
  • Evaluator: means a team of two or more professionals approved pursuant to section twenty-five hundred fifty-one of this title to conduct screenings and evaluations. See N.Y. Public Health Law 2541
  • Ex officio: Literally, by virtue of one's office.
  • Fallback provisions: shall mean terms in a contract, security or instrument that set forth a methodology or procedure for determining a benchmark replacement, including any terms relating to the date on which

    the benchmark replacement becomes effective, without regard to whether a benchmark replacement can be determined in accordance with such methodology or procedure. See N.Y. General Obligations Law 18-400

  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • game: shall mean and include a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. General Municipal Law 476
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the town board, village board of trustees, city council, county legislature or board of supervisors, board of education or board of trustees of a school district or board of cooperative educational services, board of fire commissioners or other body authorized by law to govern the affairs of a local government. See N.Y. Arts and Cultural Affairs Law 57.17
  • Grade three violation: means possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a specified illegal drug. See N.Y. General Obligations Law 12-102
  • Grade two violation: means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of an illegal drug. See N.Y. General Obligations Law 12-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • health officer: as used in this article shall mean a county health officer, a city health officer, a town health officer, a village health officer, the health officer of a consolidated health district or a state district health officer. See N.Y. Public Health Law 2304
  • 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.
  • Hemp: means the plant Cannabis sativa L. See N.Y. Agriculture and Markets Law 505
  • Human resource development: shall mean job preparation and placement, skills training and education for zone residents and employees of zone businesses, child and family care services and facilities, and activities to improve the health benefits and other benefits provided by zone businesses to their employees. See N.Y. General Municipal Law 957
  • IFSP: means the individualized family service plan adopted in accordance with section twenty-five hundred forty-five of this title. See N.Y. Public Health Law 2541
  • Illegal drug: means any controlled substance the possession of which is an offense under the public health law or the penal law. See N.Y. General Obligations Law 12-102
  • Immigration authority: means any entity, officer, employee, or government employee or agent thereof charged with or engaged in enforcement of the federal Immigration and Nationality Act, including the United States Immigration and Customs Enforcement, United States Department of Homeland Security, or United States Customs and Border Protection, or agent, contractor or employee thereof, or any successor legislation or entity. See N.Y. Public Health Law 2180
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means :

    (a) any of the colleges and universities described in subdivision three of § 352 of the education law;

    (b) a college established and operated pursuant to the provisions of article one hundred twenty-six of the education law, and providing two-year or four-year post-secondary programs in general and technical educational subjects and receiving financial assistance from the state;

    (c) the city university of New York, as defined in subdivision two of § 6202 of the education law; and

    (d) a not-for-profit two or four-year university or college given the power to confer associate, baccalaureate or higher degrees in this state by the legislature or by the regents under Article 5 of the education law. See N.Y. Agriculture and Markets Law 505

  • Interest: means a direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. See N.Y. General Municipal Law 800
  • 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
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Justice: means justice as defined in subdivision four of section 700. See N.Y. Criminal Procedure Law 705.00
  • Law enforcement agent or entity: means any governmental entity or public servant, or agent, contractor or employee thereof, authorized to investigate, prosecute, or make an arrest for a criminal or civil offense (except a designated civil offense), or engaged in any such activity, but shall not mean the department, the commissioner, a health district, a county department of health, a county health commissioner, a local board of health, a local health officer, the department of health and mental hygiene of the city of New York, or the commissioner of the department of health and mental hygiene of the city of New York. See N.Y. Public Health Law 2180
  • Lawful purposes: shall mean one or more of the following causes, deeds or activities:

    (a) Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress, or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments;

    (b) Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures;

    (c) Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, or those purposes which shall be authorized by a bona fide organization of veterans, provided however that such proceeds are disbursed in accordance with the rules and regulations of the state gaming commission. See N.Y. General Municipal Law 476

  • 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.
  • Lead agency: means the department of health, the public agency responsible for the administration of the early intervention system in collaboration with the state early intervention service agencies. See N.Y. Public Health Law 2541
  • 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.
  • Legislative body: means the local legislative body empowered to adopt and amend local laws or ordinances. See N.Y. General Municipal Law 980
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • LIBOR: shall mean , for purposes of the application of this article to any particular contract, security or instrument, U. See N.Y. General Obligations Law 18-400
  • LIBOR discontinuance event: shall mean the earliest to occur of any of the following:

    a. See N.Y. General Obligations Law 18-400

  • LIBOR replacement date: shall mean :

    a. See N.Y. General Obligations Law 18-400

  • License: means a license, permit or registration issued pursuant to this article. See N.Y. Agriculture and Markets Law 505
  • Local empire zone administrative board: shall mean the entity designated by the applicant that is responsible for recommending business enterprises for certification pursuant to paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article and for monitoring, evaluating and coordinating all empire zone benefits on behalf of the applicant. See N.Y. General Municipal Law 957
  • Local government: means any county, city, town, village, school district, board of cooperative educational services, district corporation, public benefit corporation, public corporation, or other government created under state law that is not a state department, division, board, bureau, commission or other agency, heretofore or hereafter established by law. See N.Y. Arts and Cultural Affairs Law 57.17
  • Local officer: shall mean and include a local officer as defined in § 2 of the public officers law and any officer of a public benefit corporation. See N.Y. Arts and Cultural Affairs Law 57.17
  • Medical service: means such diagnostic, therapeutic, and rehabilitative care by medical and paramedical personnel, including hospital and related care, and drugs, prostheses, appliances, equipment and devices as necessary. See N.Y. Public Health Law 2581
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal officer or employee: means an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. See N.Y. General Municipal Law 800
  • Municipal theme district: shall mean a geographic area designated by a county, city, town or village, pursuant to section nine hundred ninety-d of this article, to be a theme district for the purpose of promoting, advancing or coordinating an approved theme pursuant to section nine hundred ninety-c of this article. See N.Y. General Municipal Law 990-B
  • Municipality: shall mean any city, town or village within this state. See N.Y. General Municipal Law 476
  • Municipality: means a county, city, town, village, school district, consolidated health district, county vocational education and extension board, public library, board of cooperative educational services, urban renewal agency, a joint water works system established pursuant to chapter six hundred fifty-four of the laws of nineteen hundred twenty-seven, or a town or county improvement district, district corporation, or other district or a joint service established for the purpose of carrying on, performing or financing one or more improvements or services intended to benefit the health, welfare, safety or convenience of the inhabitants of such governmental units or to benefit the real property within such units, an industrial development agency but shall have no application to a city having a population of one million or more or to a county, school district, or other public agency or facility therein. See N.Y. General Municipal Law 800
  • Municipality: means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York. See N.Y. Public Health Law 2541
  • Municipality: means a city, town or village within the state of New York. See N.Y. General Municipal Law 980
  • Net proceeds: shall mean (a) in relation to the gross receipts from one or more occasions of bingo, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies if any, license fees, and the cost of bus transportation, if authorized by the control commission, and (b) in relation to the gross rent received by an organization licensed to conduct bingo for the use of its

    premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto if any. See N.Y. General Municipal Law 476

  • Nursing home: means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight of this chapter. See N.Y. Public Health Law 2895-A
  • Nursing home administrator: means an individual who is charged with and has responsibility for the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals. See N.Y. Public Health Law 2895-A
  • Oath: A promise to tell the truth.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means owner of record. See N.Y. General Municipal Law 980
  • Parent: means parent or person in parental relation to the child. See N.Y. Public Health Law 2541
  • Passenger: means a person in or on or being transported by a tramway. See N.Y. General Obligations Law 18-102
  • Passenger tramway: means a mechanical device intended to transport skiers for the purpose of providing access to ski slopes and trails as defined by the commissioner of labor pursuant to § 202 of the labor law. See N.Y. General Obligations Law 18-102
  • Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See N.Y. Criminal Procedure Law 705.00
  • Permitted purpose: means :

    (a) disclosure to appropriate health care providers or their personnel for the purpose of the clinical diagnosis, care or treatment of the case individual or contact individual who is the subject of the information, where an emergency exists and the individual is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the individual's life or health;

    (b) facilitating a legally-authorized public health-related action, where and only to the extent necessary to protect the public health in relation to COVID-19; or

    (c) use or disclosure of contact tracing information to pursue a legal action in relation to a violation of this title; provided that disclosure shall be subject to in camera review and approval by the court, and, if the use is initiated by a party other than the case individual or contact individual who is the subject of the contact tracing information, the information must be highly material and relevant for the purpose. See N.Y. Public Health Law 2180

  • Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
  • Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. Domestic Relations Law 77
  • plan: means a proposal as defined in section nine hundred eighty-a of this article. See N.Y. General Municipal Law 980
  • 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.
  • 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.
  • Potential testimony: means information or factual knowledge of a person who is or may be available as a witness. See N.Y. Criminal Procedure Law 710.10
  • 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 245; or

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

  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means the federal child care and adult food program. See N.Y. Public Health Law 2586
  • Qualified investment project: shall mean a project (i) located within an empire zone, (ii) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state, and (iii) which will consist of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars. See N.Y. General Municipal Law 957
  • Qualified personnel: means :

    (a) persons holding a state approved or recognized certificate, license or registration in one of the following fields:

    (i) special education teachers;

    (ii) speech and language pathologists and audiologists;

    (iii) occupational therapists;

    (iv) physical therapists;

    (v) social workers;

    (vi) nurses;

    (vii) dieticians or nutritionists;

    (viii) other persons designated by the commissioner who meet requirements that apply to the area in which the person is providing early intervention services, where not in conflict with existing professional licensing, certification and/or registration requirements. See N.Y. Public Health Law 2541

  • Quorum: The number of legislators that must be present to do business.
  • Recommended benchmark replacement: shall mean , with respect to any particular type of contract, security or instrument, a benchmark replacement based on SOFR, which shall include any recommended spread adjustment and any benchmark replacement conforming changes, that shall have been selected or recommended by a relevant recommending body with respect to such type of contract, security or instrument. See N.Y. General Obligations Law 18-400
  • Recommended spread adjustment: shall mean a spread adjustment, or method for calculating or determining such spread adjustment, (which may be a positive or negative value or zero) that shall have been selected or recommended by a relevant recommending body for a recommended benchmark replacement for a particular type of contract, security or instrument and for a particular term to account for the effects of the transition or change from LIBOR to a recommended benchmark replacement. See N.Y. General Obligations Law 18-400
  • Record: means any book, paper, map, photograph, or other information-recording device, regardless of physical form or characteristic, that is made, produced, executed, or received by any local government or officer thereof pursuant to law or in connection with the transaction of public business. See N.Y. Arts and Cultural Affairs Law 57.17
  • regionally significant project: shall mean : a manufacturer projecting the creation of fifty or more jobs; or an agri-business or high tech or biotech business making a capital investment of ten million dollars and creating twenty or more jobs; or a financial or insurance services or distribution center creating three hundred or more jobs; or a clean energy research and development enterprise shall be eligible as a regionally significant project as determined by the local zone administrative board and commissioner. See N.Y. General Municipal Law 957
  • 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.
  • Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. Domestic Relations Law 77
  • Retention period: means the minimum length of time that must elapse before a record is eligible for disposition. See N.Y. Arts and Cultural Affairs Law 57.17
  • Service coordinator: means a person who:

    (a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:

    (i) infants and toddlers who may be eligible for services under this title;

    (ii) principles of family-centered services;

    (iii) part H of the federal individuals with disabilities education act and its corresponding regulations;

    (iv) the nature and scope of services available under this title; and

    (v) the requirements for authorizing and paying for such services and other pertinent information;

    (b) is responsible for:

    (i) assisting eligible children and their families in gaining access to services listed on the IFSP;

    (ii) coordinating early intervention services with other services such as medical and health services provided to the child;

    (iii) coordinating the performance of evaluations and assessments;

    (iv) participating in the development, monitoring and evaluation of the IFSP;

    (v) assisting the parent in identifying available service providers;

    (vi) coordinating service delivery;

    (vii) informing the family of advocacy services;

    (viii) where appropriate, facilitating the transition of the child to other appropriate services; and

    (ix) assisting in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and

    (c) meets such other standards as are specified pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541

  • Service of process: The service of writs or summonses to the appropriate party.
  • Ski area: means all ski slopes, ski trails and passenger tramways administered as a single enterprise within this state. See N.Y. General Obligations Law 18-102
  • Ski area operator: means a person, firm or corporation, and its agents

    and employees, having operational and administrative responsibility for any ski area, including any agency of the state, any political subdivision thereof, and any other governmental agency or instrumentality. See N.Y. General Obligations Law 18-102

  • Skier: means any person wearing a ski or skis and any person actually on a ski slope or trail located at a ski area, for the purpose of skiing. See N.Y. General Obligations Law 18-102
  • SOFR: shall mean , with respect to any day, the secured overnight financing rate published for such day by the Federal Reserve Bank of New York, as the administrator of the benchmark (or a successor administrator), on the Federal Reserve Bank of New York's website. See N.Y. General Obligations Law 18-400
  • State early intervention service agencies: means the departments of health, education and social services and the offices of mental health and alcoholism and substance abuse services and the office for people with developmental disabilities. See N.Y. Public Health Law 2541
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Support: means resources or services provided to an individual to enable such individual to safely quarantine or isolate, including grocery, meal or pharmacy delivery, laundry services, child or elder care, pet walking, assistance with telephone, internet, or other communication services or devices, health and mental health services, legal services, provision of appropriate living space for individuals who cannot isolate or quarantine at home, and income replacement. See N.Y. Public Health Law 2180
  • Targeted employee: shall mean a New York resident who receives empire zone wages pursuant to subdivision nineteen of § 210 of the tax law and who is (i) an eligible individual under the provision of the targeted jobs tax credit (section fifty-one of the internal revenue code), (ii) eligible for benefits under the provisions of the job training partnership act (P. See N.Y. General Municipal Law 957
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See N.Y. Criminal Procedure Law 705.00
  • Treasurer: means a county treasurer, city treasurer, town supervisor, village treasurer, school district treasurer, fire district treasurer, improvement district treasurer, president of a board of health of a consolidated health district, county vocational educational and extension board treasurer, treasurer of a board of cooperative educational services, public general hospital treasurer, or other officer possessing similar powers and duties. See N.Y. General Municipal Law 800
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • Year: shall mean the twelve-month period commencing July first unless otherwise specified. See N.Y. Public Health Law 2541
  • Youth: means a person charged with a crime alleged to have been committed when he was at least sixteen years old and less than nineteen years old or a person charged with being a juvenile offender as defined in subdivision forty-two of section 1. See N.Y. Criminal Procedure Law 720.10
  • Youthful offender finding: means a finding, substituted for the conviction of an eligible youth, pursuant to a determination that the eligible youth is a youthful offender. See N.Y. Criminal Procedure Law 720.10
  • Youthful offender sentence: means the sentence imposed upon a youthful offender finding. See N.Y. Criminal Procedure Law 720.10
  • Zone equivalent area: shall mean an area designated as such pursuant to former subdivision (bb) of section nine hundred fifty-nine of this article. See N.Y. General Municipal Law 957