Terms Used In New York Laws > Domestic Relations > Article 7 - Adoption
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. See N.Y. Public Health Law 3302
- adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. Domestic Relations Law 109
- Advertisement: means the publication, dissemination, circulation, or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by radio or television or any other means. See N.Y. Public Health Law 3400
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See N.Y. Public Health Law 3302
- 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.
- 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.
- 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.
- Applicant: means a for-profit entity or not-for-profit corporation and includes: board members, officers, managers, owners, partners, principal stakeholders and members who submit an application to become a registered organization. See N.Y. Public Health Law 3360
- Appraisal: A determination of property value.
- Appropriate institution: means : (a) a hospital operated by the office of mental health or a developmental center operated by the office for people with developmental disabilities; or (b) a hospital licensed by the department of health which operates a psychiatric unit licensed by the office of mental health, as determined by the commissioner provided, however, that any such hospital that is not operated by the state shall qualify as an "appropriate institution" only pursuant to the terms of an agreement between the commissioner and the hospital. See N.Y. Criminal Procedure Law 730.10
- 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 project: shall mean a project approved as provided by this article. See N.Y. Highway Law 219
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. Domestic Relations Law 109
- Autographed: means bearing the actual signature of a sports personality, signed by such individual's own hand. See N.Y. Arts and Cultural Affairs Law 60.01
- 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.
- Bequest: Property gifted by will.
- Birth-related neurological injury: means an injury to the brain or spinal cord of a live infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation, or by other medical services provided or not provided during delivery admission, that rendered the infant with a permanent and substantial motor impairment or with a developmental disability as that term is defined by § 1. See N.Y. Public Health Law 2999-H
- board: means "board of directors". See N.Y. Banking Law 1001
- Board of supervisors: shall mean the elective governing body of a county, by whatever name designated. See N.Y. Highway Law 219
- Bridge: shall mean any structure whether of single or multiple span construction with a clear span in excess of five feet with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Highway Law 219
- Bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening. See N.Y. Highway Law 230
- Burial: includes transportation and/or cremation. See N.Y. Public Health Law 3400
- By means of the internet: means any sale, delivery, distribution, or dispensing of a controlled substance that uses the internet, is initiated by use of the internet or causes the internet to be used. See N.Y. Public Health Law 3302
- candidate: means an individual who seeks nomination for election, or election, to any public office or party position to be voted for at a primary, general or special or New York city community school district election or election for trustee of the Long Island Power Authority, whether or not the public office or party position has been specifically identified at such time and whether or not such individual is nominated or elected, and, for purposes of this subdivision, an individual shall be deemed to seek nomination for election, or election, to an office or position, if he has (1) taken the action necessary to qualify himself for nomination for election, or election, or (2) received contributions or made expenditures, given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to any office or position at any time whether in the year in which such contributions or expenditures are made or at any other time; and
8. See N.Y. Election Law 14-100
- Certified medical use: means the acquisition, possession, use, or, transportation of medical marihuana by a certified patient, or the acquisition, possession, delivery, transportation or administration of medical marihuana by a designated caregiver, for use as part of the treatment of the patient's serious condition, as authorized in a certification under this title including enabling the patient to tolerate treatment for the serious condition. See N.Y. Public Health Law 3360
- Certified patient: means a patient who is a resident of New York state or receiving care and treatment in New York state as determined by the commissioner in regulation, and is certified under section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
- Certified psychologist: means a person who is registered as a certified psychologist under article one hundred fifty-three of the education law. See N.Y. Criminal Procedure Law 730.10
- Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
- clearly identified candidate: means that:
(a) the name of the candidate involved appears;
(b) a photograph or drawing of the candidate appears; or
(c) the identity of the candidate is apparent by unambiguous reference. See N.Y. Election Law 14-100
- Collectible: means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more. See N.Y. Arts and Cultural Affairs Law 60.01
- Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
- Commissioner: means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. See N.Y. Criminal Procedure Law 730.10
- Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Highway Law 219
- Commissioner of finance: means the commissioner of finance of the city;
- 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.
- common operational control: means that (i) the same individual or individuals exercise actual and strategic control over the day-to-day affairs of both the political action committee and the independent expenditure committee, or (ii) employees of the political action committee and the independent expenditure committee engage in communications related to the strategic operations of either committee. See N.Y. Election Law 14-100
- Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug
substance to create a drug with respect to an outsourcing facility under section 503B of the federal Food, Drug and Cosmetic Act and further defined in this section. See N.Y. Public Health Law 3302
- constituted committee: means a state committee, a county committee or a duly constituted subcommittee of a county committee;
4. See N.Y. Election Law 14-100
- Consumer: means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes. See N.Y. Arts and Cultural Affairs Law 60.01
- Continuance: Putting off of a hearing ot trial until a later time.
- contribution: means :
(1) any gift, subscription, outstanding loan (to the extent provided for in section 14-114 of this chapter), advance, or deposit of money or any thing of value, made in connection with the nomination for election,
or election, of any candidate, or made to promote the success or defeat of a political party or principle, or of any ballot proposal,
(2) any funds received by a political committee from another political committee to the extent such funds do not constitute a transfer,
(3) any payment, by any person other than a candidate or a political committee authorized by the candidate, made in connection with the nomination for election or election of any candidate, including any payment or expenditure where coordination has occurred as defined in section 14-107 of this article, or any payment made to promote the success or defeat of a political party or principle, or of any ballot proposal including but not limited to compensation for the personal services of any individual which are rendered in connection with a candidate's election or nomination without charge; provided however, that none of the foregoing shall be deemed a contribution if it is made, taken or performed by a candidate or his spouse or by a person or a political committee independent of the candidate or his agents or authorized political committees. See N.Y. Election Law 14-100
- Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
- Corporation: means and includes all banks, trust companies, safe deposit companies, investment companies, mutual trust investment companies, and, to the extent not provided otherwise under any regulation of the superintendent of financial services promulgated pursuant to the provisions of section fourteen-e of this chapter, stock-form savings banks and stock-form savings and loan associations. See N.Y. Banking Law 1001
- County superintendent: shall mean the county superintendent of highways. See N.Y. Highway Law 219
- 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
- Culvert: shall mean any structure whether of single or multiple span construction with an interior width of five feet or less with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Highway Law 219
- Culvert: means a structure whether of single or multiple span construction within an interior width of twenty feet or less when measurement is made horizontally along the center line of roadway from face to face of abutments or sidewalls immediately below the copings or fillets; or, if there are no copings or fillets at points six inches below the bridge seats or immediately under the top slab in the case of frame structures. See N.Y. Highway Law 230
- dealer: includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 60.01
- delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
- Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
- Dependent: A person dependent for support upon another.
- Description: means any representation in writing, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. See N.Y. Arts and Cultural Affairs Law 60.01
- Designated caregiver: means the individual designated by a certified patient in a registry application. See N.Y. Public Health Law 3360
- Devise: To gift property by will.
- Direct supervision: means a physician must be present in the section of the facility where the procedure is being performed and is not concurrently encumbered by responsibilities that would preclude the physician from responding to a request for assistance within a timeframe that poses no risk to the patient. See N.Y. Public Health Law 3501
- Director: means (a) the director of a state hospital operated by the office of mental health or the director of a developmental center operated by the office for people with developmental disabilities, or (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner as having adequate facilities to examine a defendant to determine if he is an incapacitated person, or (c) the director of community mental health services. See N.Y. Criminal Procedure Law 730.10
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
- Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
- Distributor: means a person who distributes a controlled substance. See N.Y. Public Health Law 3302
- district: means the entire state or any part thereof, as the case may be;
7. See N.Y. Election Law 14-100
- Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
- Donor: The person who makes a gift.
- Drug: means
(a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and
(c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302
- duly constituted subcommittee of a county committee: means , outside the city of New York, a city, town or village committee, and, within the city of New York, an assembly district committee, which consists of all county committee members from the city, town, village or assembly district, as the case may be, and only such members;
5. See N.Y. Election Law 14-100
- election: means all general, special and primary elections, but shall not include elections provided for pursuant to the education law, special district elections, fire district elections or library district elections. See N.Y. Election Law 14-100
- Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Public Health Law 3302
- 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
- Electronic prescription: means a prescription issued with an electronic signature and transmitted by electronic means in accordance with regulations of the commissioner and the commissioner of education and consistent with federal requirements. See N.Y. Public Health Law 3302
- Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, in accordance with regulations of the commissioner and the commissioner of education. See N.Y. Public Health Law 3302
- Embalmer: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Embalming: means preparing, disinfecting and preserving, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
- Embalming fluid: means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Examination report: means a report made by a psychiatric examiner wherein he sets forth his opinion as to whether the defendant is or is not an incapacitated person, the nature and extent of his examination and, if he finds that the defendant is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the defendant lacks capacity to understand or to assist in his own defense. See N.Y. Criminal Procedure Law 730.10
- 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.
- Federal agency: means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. See N.Y. Public Health Law 3302
- Federal controlled substances act: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act or acts amendatory or supplemental thereto or regulations promulgated thereunder. See N.Y. Public Health Law 3302
- Federal registration number: means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. See N.Y. Public Health Law 3302
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Foreign corporation: means a corporation which is licensed by the superintendent under the provisions of article two of this chapter to do business in this state or is applying for such license and a corporation authorized to conduct business in this state pursuant to article five-C of this chapter or is applying for such authorization. See N.Y. Banking Law 1001
- foreign national: means foreign national as such term is defined by subsection (b) of section 30121 of title 52 of the United States code. See N.Y. Election Law 14-100
- Form of medical marihuana: means characteristics of the medical marihuana recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient. See N.Y. Public Health Law 3360
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the New York state medical indemnity fund. See N.Y. Public Health Law 2999-H
- Funeral directing: means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise. See N.Y. Public Health Law 3400
- Funeral director: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Funeral establishment: means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. See N.Y. Public Health Law 3400
- Funeral firm: means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing. See N.Y. Public Health Law 3400
- general public audience: means an audience composed of members of the public, including a targeted subgroup of members of the public; provided, however, it does not mean an audience solely comprised of members, retirees and staff of a labor organization or members of their households or an audience solely comprised of employees of a corporation, unincorporated business entity or members of a business, trade or professional association or organization. See N.Y. Election Law 14-100
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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.
- 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.
- Habitual user: means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. See N.Y. Public Health Law 3302
- Highway: shall include necessary sluices, drains, ditches, waterways, embankments, retaining walls, bridges on such highway and under the jurisdiction and control of the town and culverts, and the approaches of any such bridge or culvert beginning at the back of the abutments. See N.Y. Highway Law 219
- Incapacitated person: means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. See N.Y. Criminal Procedure Law 730.10
- 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 expenditure committee: means a political committee, that makes only independent expenditures as defined in this article, and does not coordinate with a candidate, candidate's authorized committees or an agent of the candidate as defined in paragraph (g) of subdivision one of section 14-107 of this article. See N.Y. Election Law 14-100
- 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.
- Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
- 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
- Internet: as used in this article , also includes other networks, whether private or public, used to transmit information by electronic means. See N.Y. Public Health Law 3302
- Intestate: Dying without leaving a will.
- Judge: shall mean a judge of the family court of any county in the state. See N.Y. Domestic Relations Law 109
- Jurisprudence: The study of law and the structure of the legal system.
- Juror: A person who is on the jury.
- labor organization: means any organization of any kind which exists for the purpose, in whole or in part, of representing employees employed within the state of New York in dealing with employers or
employer organizations or with a state government, or any political or civil subdivision or other agency thereof, concerning terms and conditions of employment, grievances, labor disputes, or other matters incidental to the employment relationship. See N.Y. Election Law 14-100
- Labor peace agreement: means an agreement between an entity and a labor organization that, at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the registered organization's business. See N.Y. Public Health Law 3360
- Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. Domestic Relations Law 109
- 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.
- lawyer: shall mean an attorney or counselor governed by Article 15 of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. Education Law 2050
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
- License: means a license granted and issued by the department under this article to practice radiography, radiation therapy technology or nuclear medicine technology. See N.Y. Public Health Law 3501
- Licensed practitioner: means a person licensed or otherwise authorized under the education law to practice medicine, dentistry, podiatry, or chiropractic. See N.Y. Public Health Law 3501
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:
(a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or
(c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302
- Medical marihuana: means marihuana as defined in subdivision twenty-one of section thirty-three hundred two of this article, intended for a certified medical use, as determined by the commissioner in his or her sole discretion. See N.Y. Public Health Law 3360
- 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.
- non-candidate expenditures: means expenditures made by a party committee or a constituted committee to maintain a permanent headquarters and staff and carry on ordinary party activities not promoting the candidacy of specific candidates;
6. See N.Y. Election Law 14-100
- Nuclear medicine technology: means the use of radiopharmaceuticals administered to human beings for diagnostic or therapeutic purposes under the supervision of a physician authorized by a radioactive materials license. See N.Y. Public Health Law 3501
- 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.
- Office: means in the case of a bank or trust company its principal office, in the case of a safe deposit company, investment company or mutual trust investment company, its principal place of business and in the case of a foreign corporation the place of business designated in its license or its authorization pursuant to article five-C of this chapter, as the case may be, for the oldest agency or branch in this state of such foreign corporation. See N.Y. Banking Law 1001
- Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See N.Y. Public Health Law 3302
- Opium poppy: means the plant of the species Papaver somniferum L. See N.Y. Public Health Law 3302
- Order of examination: means an order issued to an appropriate director by a criminal court wherein a criminal action is pending against a defendant or by a court evaluating the capacity of an alleged violator in a parole revocation proceeding pursuant to subparagraph (xii) of paragraph (f) of subdivision three of section two hundred fifty-nine-i of the executive law, or by a family court pursuant to section 322. See N.Y. Criminal Procedure Law 730.10
- Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See N.Y. Banking Law 1001
- Outsourcing facility: means a facility that:
(a) is engaged in the compounding of sterile drugs as defined in § 6802 of the education law;
(b) is currently registered as an outsourcing facility pursuant to Article one hundred thirty-seven of the education law; and
(c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. See N.Y. Public Health Law 3302
- Oversight: Committee review of the activities of a Federal agency or program.
- party committee: means any committee provided for in the rules of the political party in accordance with section two-one hundred of this chapter, other than a constituted committee. See N.Y. Election Law 14-100
- Person: means any natural person, partnership, corporation, company, trust, association or other entity, however organized. See N.Y. Arts and Cultural Affairs Law 60.01
- Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
- Personal property: All property that is not real property.
- Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
- Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
- Plan: shall mean a map and specifications showing (a) the location of a project, (b) the estimated cost of such project, (c) the proposed width, thickness and type of highway, (d) a statement of necessity for such project relied upon by the town, and (e) the projects to be completed in each year of the period of the duration of this article. See N.Y. Highway Law 219
- 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.
- political action committee: means a political committee which makes no expenditures to aid or take part in the election or defeat of a candidate, or to promote the success or defeat of a ballot proposal, other than in the form of contributions, including in-kind contributions, to candidates, candidate's authorized committees, party committees, constituted committees, or independent expenditure committees provided there is no common operational control between the political action committee and the independent expenditure committee; or in the form of communications that are not distributed to a general public audience as described in subdivision thirteen of this section. See N.Y. Election Law 14-100
- political committee: means any corporation aiding or promoting and any committee, political club or combination of one or more persons operating or co-operating to aid or to promote the success or defeat of a political party or principle, or of any ballot proposal; or to aid or take part in the election or defeat of a candidate for public office or to aid or take part in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any party position voted for at a primary election, or to aid or defeat the nomination by petition of an independent candidate for public office; but nothing in this article shall apply to any committee or organization for the discussion or advancement of political questions or principles without connection with any vote or to a national committee organized for the election of presidential or vice-presidential candidates; provided, however, that a person or corporation making a contribution or contributions to a candidate or a political committee which has filed pursuant to section 14-118 shall not, by that fact alone, be deemed to be a political committee as herein defined. See N.Y. Election Law 14-100
- Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See N.Y. Public Health Law 3302
- Practitioner: means a practitioner who (i) is a physician licensed by New York state and practicing within the state, (ii) who by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. See N.Y. Public Health Law 3360
- Practitioner: means :
A physician, dentist, podiatrist,
scientific investigator, or other person licensed, or otherwise permitted to
dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302
- 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.
- Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
- Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
- prescription monitoring program registry: means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article. See N.Y. Public Health Law 3302
- 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.
- Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. Domestic Relations Law 109
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Professional medical physicist: means a person licensed or otherwise authorized to practice medical physics in accordance with Article one hundred sixty-six of the education law. See N.Y. Public Health Law 3501
- Psychiatric examiner: means a qualified psychiatrist or a certified psychologist who has been designated by a director to examine a defendant pursuant to an order of examination. See N.Y. Criminal Procedure Law 730.10
- Public entity: means any department, board, bureau, commission or agency of the state or its political subdivisions, public benefit corporation or any public authority including the port authority of New York and New Jersey. See N.Y. Highway Law 230
- 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 place: means a public place as defined in regulation by the commissioner. See N.Y. Public Health Law 3360
- Qualified plaintiff: means every plaintiff or claimant who (i) has been found by a jury or court to have sustained a birth-related neurological injury as the result of medical malpractice, or (ii) has sustained a birth-related neurological injury as the result of alleged medical malpractice, and has settled his or her lawsuit or claim therefor; and (iii) has been ordered to be enrolled in the fund by a court in New York state. See N.Y. Public Health Law 2999-H
- Qualifying health care costs: means the future medical, hospital, surgical, nursing, dental, rehabilitation, habilitation, respite, custodial, durable medical equipment, home modifications, assistive technology, vehicle modifications, transportation for purposes of health care
appointments, prescription and non-prescription medications, and other health care costs actually incurred for services rendered to and supplies utilized by qualified plaintiffs, which are necessary to meet their health care needs, as determined by their treating physicians, physician assistants, or nurse practitioners and as otherwise defined by the commissioner in regulation. See N.Y. Public Health Law 2999-H
- Quorum: The number of legislators that must be present to do business.
- Radiation oncologist: means a physician duly licensed to practice medicine in the state of New York and who is certified by the American Board of Radiology or by the American Osteopathic Board of Radiology in radiation oncology. See N.Y. Public Health Law 3501
- Radiation therapy: means the use of external beam and remote afterloading brachytherapy equipment for the application of ionizing radiation to human beings for therapeutic purposes under the supervision of a radiation oncologist. See N.Y. Public Health Law 3501
- Radiography: means the use of x-rays or x-ray producing equipment on human beings for diagnostic purposes under the supervision of a licensed practitioner. See N.Y. Public Health Law 3501
- Radiologic technologist: means a person who is licensed under this article to practice radiography or radiation therapy or nuclear medicine. See N.Y. Public Health Law 3501
- Radiologic technology: means the practice of radiography, radiation therapy and nuclear medicine technology. See N.Y. Public Health Law 3501
- Railroad: means a private or public railroad operating in the state of New York carrying either freight, passengers or freight and passengers including, but not limited to, those operated by the metropolitan transportation authority and its subsidiaries, the Long Island Rail Road, the metro-north railroad, the Staten Island rapid transit operating authority, the New York city transit authority or any other public authority or local government and shall include tourist excursion operations and railrides on standard gauge tracks. See N.Y. Highway Law 230
- Railroad bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or tracks for carrying freight or passengers or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening whether privately or publicly owned. See N.Y. Highway Law 230
- Recess: A temporary interruption of the legislative business.
- Registered organization: means a registered organization under sections thirty-three hundred sixty-four and thirty-three hundred sixty-five of this title. See N.Y. Public Health Law 3360
- Registered resident: means a person who passed a funeral directing examination and who is duly registered as such with the department while in the employ of a registered funeral firm and who is engaged in the practice of funeral directing under the supervision of a licensed funeral director or undertaker and embalmer; provided, however, that a registered resident shall not have authority to sign any form or document required by law which requires the signature of a licensed funeral director or make funeral arrangements or own or manage a funeral firm. See N.Y. Public Health Law 3400
- Registry application: means an application properly completed and filed with the department by a certified patient under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
- Registry identification card: means a document that identifies a certified patient or designated caregiver, as provided under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
- 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.
- 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
- Roadbed: shall mean the portion of the highway, improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See N.Y. Highway Law 219
- Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302
- Serious condition: means :
(i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological
of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical marihuana is an alternative to opioid use, substance use disorder, or as added by the commissioner; and
(ii) any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner. See N.Y. Public Health Law 3360
- Special certification: means a special certification made under subdivision nine of section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Substantial structural alteration: means any work that modifies the load capacity, loan distribution or load paths or structural behavior of the bridge. See N.Y. Highway Law 230
- Supervision: means the oversight of a licensed radiologic technologist by a licensed practitioner acting within the limits specified in the law under which the practitioner is licensed. See N.Y. Public Health Law 3501
- Supplier: means any person who provides collectibles to a dealer specifically for the purposes of re-sale. See N.Y. Arts and Cultural Affairs Law 60.01
- Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. Domestic Relations Law 109
- 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
- Taxpayer: means any corporation, association or other entity or individual subject to tax under this chapter;
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
- this state: means the state of New York;
- Town superintendent: shall mean the town superintendent of highways. See N.Y. Highway Law 219
- Town highway: shall mean highways constructed, improved or maintained by the town with the aid of the state or county, under the provisions of the highway law, including all highways in towns, outside of incorporated villages constituting separate road districts, except state highways, county roads, parkways, state thruways and controlled access highways as defined by the highway law. See N.Y. Highway Law 219
- transfer: means any exchange of funds or any thing of value between political committees authorized by the same candidate and taking part solely in his campaign, or any exchange of funds between a party or constituted committee and a candidate or any of his authorized political committees. See N.Y. Election Law 14-100
- 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.
- Trustee: A person or institution holding and administering property in trust.
- Ultimate user: means a person who lawfully obtains and possesses a controlled substance for his own use or the use by a member of his household or for an animal owned by him or in his custody. See N.Y. Public Health Law 3302
- Undertaker: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Undertaking: means the care, disposal, transportation, burial or cremation by any means other than embalming of the body of a deceased person. See N.Y. Public Health Law 3400
- Venue: The geographical location in which a case is tried.