Terms Used In New York Laws > Education

• ABA: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See N.Y. Uniform Commercial Code 9-627
• abused child: means a child under eighteen years of age and who is defined as an abused child by the family court act;

  2. See N.Y. Social Services Law 412

• Abused child: means a child or youth who has been subjected to "physical abuse" "sexual abuse" and/or "psychological abuse" as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS. See N.Y. New York City Administrative Code 21-901
• Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. New York City Administrative Code 27-881
• Access: means to instruct, communicate with, store data in, retrieve from, or otherwise make use of any resources of a computer, physically, directly or by electronic means. See N.Y. Penal Law 156.00
• Account: means any account with a bank and includes a

  checking, time, interest or savings account;

  (b) "Afternoon" means the period of a day between noon and

  midnight;

  (c) "Banking day" means that part of any day on which a bank is

  open to the public for carrying on substantially all of its

  banking functions;

  (d) "Clearing house" means any association of banks or other

  payors regularly clearing items;

  (e) "Customer" means any person having an account with a bank or

  for whom a bank has agreed to collect items and includes a

  bank carrying an account with another bank;

  (f) "Documentary draft" means any negotiable or non-negotiable

  draft with accompanying documents, securities or other papers

  to be delivered against honor of the draft;

  (g) "Item" means any instrument for the payment of money even

  though it is not negotiable but does not include money;

  (h) "Midnight deadline" with respect to a bank is midnight on its

  next banking day following the banking day on which it

  receives the relevant item or notice or from which the time

  for taking action commences to run, whichever is later;

  (i) "Obligated bank" means the acceptor of a certified check, the

  issuer of a cashier's check, or the drawer of a teller's

  check;

  (j) "Properly payable" includes the availability of funds for

  payment at the time of decision to pay or dishonor;

  (k) "Remitter" means the buyer from the obligated bank of a

  cashier's check or a teller's check, and the drawer of a

  certified check;

  (l) "Settle" means to pay in cash, by clearing house settlement,

  in a charge or credit or by remittance, or otherwise as

  instructed. See N.Y. Uniform Commercial Code 4-104

• Account: means any of the two accounts created under section seven thousand seven hundred six of this article. See N.Y. Retirement & Social Security Law 19-A
• Account wagering licensee: means racing associations, and corporations; franchised corporations, off-track betting corporations, and commission approved multi-jurisdictional account wagering providers that have been authorized by the commission to offer account wagering. See N.Y. New York City Administrative Code 15-217
• Account owner: shall mean a taxpayer who enters into a first home savings agreement pursuant to the provisions of this article, including a person who enters into such an agreement as a fiduciary or agent on behalf of a trust, estate, partnership, association, company or corporation. See N.Y. Family Court Law 713
• Account owner: shall mean a person who enters into a tuition savings agreement pursuant to the provisions of this article, including a person who enters into such an agreement as a fiduciary or agent on behalf of a trust, estate, partnership, association, company or corporation. See N.Y. Penal Law 70.02
• Account wagering: means a form of pari-mutuel wagering in which a person establishes an account with an account wagering licensee and subsequently communicates via telephone or other electronic media to the account wagering licensee wagering instructions concerning the funds in such person's account and wagers to be placed on the account owner's behalf. See N.Y. New York City Administrative Code 15-217
• Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. New York City Administrative Code 27-2117
• Accused: shall mean a person accused of a violation who has not yet entered an institution's judicial or conduct process. See N.Y. Penal Law 415.00
• Acid deposition: means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions, or lower than 5. See N.Y. New York City Administrative Code 19-108
• ACO: means an organization of clinically integrated health care providers certified by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
• ACS: means the administration for children's services, or any successor agency charged with operating the city's child welfare system. See N.Y. New York City Administrative Code 21-901
• Act: means the Federal Clean Air Act, 42 U. See N.Y. New York City Administrative Code 17-704.1
• Additional state payments: shall mean payments made to aged, blind and disabled persons who are receiving, or who would but for their income be eligible to receive, federal supplemental security income benefits, whether made by the office of temporary and disability assistance in accordance with the provisions of this title and with title sixteen of the federal social security act, or by the commissioner of the United States social security administration, pursuant to and in accordance with the provisions of this title, title sixteen of the federal social security act, and provisions of any agreement entered into between the state and such commissioner by which the commissioner agrees to administer such additional state payments on behalf of the state. See N.Y. Social Services Law 208
• additional state payments: means payments by social services districts or by the secretary of the federal department of health, education and welfare on behalf of the state, to aged, blind and disabled persons who are receiving, or who would but for their income be eligible to receive, federal supplemental security income benefits, made pursuant to title sixteen of the federal social security act, public law 93-66, and the provisions of this chapter. See N.Y. Social Services Law 300
• Adirondack park: shall include all lands located in the forest preserve counties of the Adirondacks within the following described boundaries, to wit: Beginning at the most southerly corner of lot 166 of the John Glen and 44 Others Patent in the line between such patent and the twenty-first allotment of the Kayaderosseras Patent; thence northeasterly along the said line and along the southerly bounds of John Glen and 44 Others Patent and of the Sanders Patent to the southeasterly corner of the Sanders Patent; thence continuing northeasterly along the division line between the twenty-second and twenty-fourth allotments of the Kayaderosseras Patent to the southeasterly corner of the twenty-fourth allotment of the Kayaderosseras Patent; thence northerly along the division line between the twenty-fourth and the twenty-fifth allotments of that patent to the northeasterly corner of the twenty-fourth allotment; thence easterly along the north line of the twenty-fifth allotment and the southerly lines of John Glen and 44 Others Patent, the Luzerne Tract and the Glen Patent to the southeasterly corner of the Glen Patent; thence northerly along the easterly lines of the Glen Patent and the Luzerne Tract to the northwesterly corner of the Queensbury Patent; thence easterly along the northerly bounds of the Queensbury Patent to the northeasterly corner thereof; thence southerly along the easterly bounds of the Queensbury Patent to the northwesterly corner of the Kingsbury Patent; thence easterly along the northerly bounds of the Kingsbury Patent to the southwesterly corner of the Artillery Patent; thence northerly along the westerly line of the Artillery Patent to the northwesterly corner of the Artillery Patent; thence easterly along the northerly bounds of the Artillery Patent to the southwesterly corner of the town of Whitehall; thence northerly along the westerly line of the town of Whitehall to the southern boundary of the town of Dresden; thence in a general northerly and easterly direction along the town line to the state boundary at the outlet of South Bay; thence in a northerly direction along the state boundary to the northeastern corner of the town of Peru in Clinton county; thence in a westerly direction to the low water line of Valcour Island; thence in a general northerly and westerly direction along the northern shore of Valcour Island to the northern boundary of the town of Peru; thence in a westerly direction along the northern boundary of the town of Peru to the eastern edge of the Delaware and Hudson railroad right-of-way; thence southerly along said eastern edge of the railroad right-of-way to the intersection of said right-of-way with the eastern edge of the right-of-way of U. See N.Y. New York City Administrative Code 11-218
• Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement. See N.Y. Family Court Law 1036
• Administrator: means the administrator of the United States environmental protection agency. See N.Y. New York City Administrative Code 17-704.1
• Administrator: means any person designated by a provider to be responsible for administration of service contracts, including servicing, claims management and processing, recordkeeping, customer service and collection of fees. See N.Y. Retirement & Social Security Law 63-A
• Adopter: means any faculty member or academic department at institutions of higher learning responsible for considering and choosing textbooks and/or supplemental materials to be utilized in connection with the accredited courses taught at institutions of higher education. See N.Y. Penal Law 70.45
• Adoption: means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered, or any cat. See N.Y. Public Authorities Law 2422
• Adoption date: means the date the board of directors of the mutual life insurer adopts the plan of reorganization. See N.Y. Retirement & Social Security Law 73
• adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. New York City Administrative Code 27-943
• Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. New York City Administrative Code 7-501
• Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. New York City Administrative Code 7-606
• Adult: means any person who is eighteen years of age or older or has married. See N.Y. New York City Administrative Code 7-626
• Adult home: means an adult home as defined by subdivision twenty-five of section two of the social services law. See N.Y. Public Health Law 4651*2
• Advance fee: means any fee claimed, demanded, charged, received or collected from a customer before the customer has leased or rented a private dwelling, abode or place of residence through the information provided by an apartment information vendor. See N.Y. New York City Administrative Code 21-306
• advance ticket: shall mean a ticket of admission sold more than twelve hours in advance of the time of performance of the event for which the ticket is purchased. See N.Y. New York City Administrative Code 27-593
• Advanced life support first response service: means an organization which provides advanced life support care, but does not transport patients. See N.Y. New York City Administrative Code 8-205
• Advanced emergency medical technician: means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of this article. See N.Y. New York City Administrative Code 8-205
• Advanced life support care: means definitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system. See N.Y. New York City Administrative Code 8-205
• Advanced life support system: means an organized acute medical care system to provide advanced life support care on site or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
• 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
• advertising: means all representations, other than the required label statements made in any manner or by any means relating to seed within the scope of this act. See N.Y. Tax Law 1202-E
• Advisory committee: means the New York invasive species advisory committee established by section 9-1707 of this title. See N.Y. New York City Administrative Code 11-659
• Advisory committee: shall mean the committee established by section four hundred forty-three of this title. See N.Y. Social Services Law 441
• AEM: means agricultural environmental management. See N.Y. Tax Law 1204
• AEM plan: means a document prepared or approved by a certified AEM planner and accepted by a participating farmer which documents a course of action for the environmental management of a farm operation, including, but not limited to, measures to abate and control agricultural nonpoint source water pollution, air pollution and other adverse environmental impacts from farm operations through the implementation of best management practices, in a way which maintains the viability of the farm operation. See N.Y. Tax Law 1204
• Affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See N.Y. Tax Law 1262-A
• Affiliate: means a person which, directly or indirectly, owns at least ten percent but less than fifty percent of the financial guaranty insurance corporation or which is at least ten percent but less than fifty percent, directly or indirectly, owned by a financial guaranty insurance corporation. See N.Y. Real Property Tax Law 987
• After-care: shall mean any assistance provided by a caregiver to a patient under this article after the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See N.Y. New York City Administrative Code 8-116
• Agency: shall mean the office or agency of a municipality authorized to administer the expenditure of grants from the United States of America to assist community development activities and programs for the construction, rehabilitation or conservation of multiple dwellings and housing accommodations or for the conversion of under-utilized non-residential property into multiple dwellings or, in the absence of such an office or agency, the comptroller or chief fiscal officer of such municipality; except that in the city of New York it shall be the department of housing preservation and development or any successor thereto and shall include, except for purposes of section eight hundred four of this article, the New York city housing development corporation with respect to any participation in a loan by such corporation pursuant to section eight hundred five of this article. See N.Y. Family Court Law 580-105
• Agency: shall mean a not-for-profit corporation or group of not-for-profit corporations. See N.Y. Social Services Law 410-P
• Agency: shall mean a state department, state agency, or state public authority. See N.Y. Family Court Law 773
• agency: shall mean any officer, board, commission, department, or other agency of the municipality, or the authority or any other public authority, designated by the local legislative body to carry out the functions vested in the agency under this article or delegated to the agency by the local legislative body in order to carry out the purposes and provisions of this article. See N.Y. New York City Administrative Code 11-513
• Agency: means any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state or any one or more municipalities thereof, except the judiciary or the state legislature. See N.Y. New York City Administrative Code 11-1618
• agency: shall mean any officer, board, commission, department, or other agency of the municipality, or the authority or any other public authority, designated by the local legislative body to carry out the functions vested in the agency under this article or delegated to the agency by the local legislative body in order to carry out the purposes and provisions of this article. See N.Y. Family Court Law 427
• Agent: means any person, other than an attorney engaged in the practice of law, who represents or is authorized to represent a labor organization or employer organization, alone or with others in its dealings with employers, employees, members, employer organizations, labor organizations, or other persons, regardless of whether his relationship to the labor organization or employer organization is that of an independent contractor or employee. See N.Y. Tax Law 957
• Agent: means a person who is licensed as a real estate broker or a real estate salesperson pursuant to section four hundred forty-a of this chapter and is acting in a fiduciary capacity. See N.Y. New York City Administrative Code 21-318
• agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. New York City Administrative Code 7-606
• Aggravated circumstances: means where a child has been either severely or repeatedly abused, as defined in subdivision eight of section three hundred eighty-four-b of the social services law; or where a child has subsequently been found to be an abused child, as defined in paragraph (i) or (iii) of subdivision (e) of this section, within five years after return home following placement in foster care as a result of being found to be a neglected child, as defined in subdivision (f) of this section, provided that the respondent or respondents in each of the foregoing proceedings was the same; or where the court finds by clear and convincing evidence that the parent of a child in foster care has refused and has failed completely, over a period of at least six months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect if returned to the parent, and has failed to secure services on his or her own or otherwise adequately prepare for the return home and, after being informed by the court that such an admission could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services independently or otherwise prepare for the child's return home; provided, however, that if the court finds that adequate justification exists for the failure to engage in or secure such services, including but not limited to a lack of child care, a lack of transportation, and an inability to attend services that conflict with the parent's work schedule, such failure shall not constitute an aggravated circumstance; or where a court has determined a child five days old or younger was

  abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner. See N.Y. Family Court Law 1012

• Aggregate floor area: means the sum of the gross areas of the several floors of a building or structure, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings or structures. See N.Y. Real Property Tax Law 489-AAAAA
• Aggregate net liability: means the aggregate amount of insured unpaid principal, interest and other monetary payments, if any, of guarantied obligations insured or assumed, less reinsurance ceded and less collateral. See N.Y. Real Property Tax Law 987
• Aging in place: means , care and services at a facility which possesses an enhanced assisted living certificate which, to the extent practicable, within the scope of services set forth in the written residency agreement executed pursuant to section four thousand six hundred fifty-eight of this article, accommodates a resident's changing needs and preferences in order to allow such resident to be admitted to or remain in the residence as long as the residence is able and authorized to accommodate the resident's current and changing needs. See N.Y. Public Health Law 4651*2
• agreements: shall mean continuing care at home or continuing care retirement contracts as defined in this article. See N.Y. New York City Administrative Code 10-203
• agricultural producer: shall mean a person or entity which owns or operates land eligible for an agricultural assessment pursuant to section three hundred five or section three hundred six of the agriculture and markets law and which produces food by the tillage of the soil, or raises, sheers, feeds or manages animals or other dairying processes. See N.Y. Family Court Law 471
• Agricultural purpose: shall mean the practice of farming for crops, plants, vines and trees, and the keeping, grazing, or feeding of livestock for sale of livestock or livestock products, and the on-farm processing of crops, livestock and livestock products. See N.Y. New York City Administrative Code 13-325
• AIDS: means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service. See N.Y. New York City Administrative Code 3-406
• AIDS home care program: means a coordinated plan of care and services provided at home to persons who are medically eligible for placement in a hospital or residential health care facility and who (a) are diagnosed by a physician as having acquired immune deficiency syndrome (AIDS), or (b) are deemed by a physician, within his judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who has an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection. See N.Y. New York City Administrative Code 9-117
• Air contaminant: means a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof. See N.Y. New York City Administrative Code 17-704.1
• Air contamination: means the presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution. See N.Y. New York City Administrative Code 17-704.1
• Air contamination source: means any source at, from or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes. See N.Y. New York City Administrative Code 17-704.1
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the state or throughout such areas of the state as shall be affected thereby; excluding however all conditions subject to the requirements of the Labor Law and Industrial Code. See N.Y. New York City Administrative Code 17-704.1
• alcoholism counselor: means any person who has been issued a credential therefor by the office of alcoholism and substance abuse services, pursuant to paragraphs one and two of subdivision (d) of section 19. See N.Y. Social Services Law 412
• Ambulance service: means an individual, partnership, association, corporation, municipality or any legal or public entity or subdivision thereof engaged in providing emergency medical care and the transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
• Amount: shall include , but is not limited to, any dividend, profit or other distribution, whether in cash or securities, and any interest or other payment on or of principal, including the cash value of any security which has matured or has been called for full or partial redemption or is payable to security owners or former security owners

  entitled to payments as the result of a merger, consolidation, acquisition or conversion of any type. See N.Y. Penal Law 240.60

• Amount: shall mean that term as defined in subdivision seven of section five hundred of this chapter. See N.Y. Penal Law 240.70
• Animal: means cattle, swine, sheep, goats, horses and other large domesticated mammals. See N.Y. Public Authorities Law 1835-D
• Animal: means any animal, domestic or feral, or any domesticated bird. See N.Y. Public Authorities Law 1837-C
• Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. New York City Administrative Code 27-2117
• Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. New York City Administrative Code 27-2117
• Antique firearm: means :

  Any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade. See N.Y. Penal Law 265.00

• Apartment information vendor: means any person who engages in the business of claiming, demanding, charging, receiving, collecting, or contracting for the collection of, a fee from a customer for furnishing information concerning the location and availability of real property, including apartment housing, which may be leased, rented, shared or sublet as a private dwelling, abode, or place of residence. See N.Y. New York City Administrative Code 21-306
• Appearance bond: means a bail bond in which the only obligor is the principal. See N.Y. New York City Administrative Code 27-574
• Applicable board rate: shall mean an amount equal to the monthly payment that has been made by a social services official, in accordance with section three hundred ninety-eight-a of this article and other provisions of this chapter, for the care and maintenance of the child, while such child was boarded out in the approved or certified foster family boarding home with the prospective relative guardian. See N.Y. Social Services Law 458-A
• Applicant: means any association, corporation or business entity applying for a simulcast license in accordance with the provisions of this article;

  f. See N.Y. New York City Administrative Code 15-217

• Applicant: shall mean any entity eligible to receive grants or loans under the HOME program. See N.Y. Family Court Law 651
• Applicant: means that person making application to the department for a mining permit. See N.Y. New York City Administrative Code 20-234
• applicant: includes that person designated to act for him and perform his official function in and during his actual absence or disability. See N.Y. New York City Administrative Code 27-687
• Applicant: means any person or corporation obligated to pay real property taxes on the property for which an exemption is sought, or in the case of exempt property, the record owner thereof, provided, however, that such property is not commercial property located in an area designated as excluded pursuant to section four hundred eighty-nine-ccc of this title;

  2. See N.Y. Real Property Tax Law 489-AAA

• Applicant: means any person obligated to pay real property taxes on the property for which an exemption from or abatement or deferral of real property tax payments is sought, or in the case of exempt property, the record owner or lessee thereof. See N.Y. Real Property Tax Law 489-AAAA
• Applicant: means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this title is sought or in the case of exempt property, the record owner or lessee thereof. See N.Y. Real Property Tax Law 489-AAAAA
• Applicant: shall mean the entity which submits an assisted living licensure application with the department pursuant to title two or three of this article. See N.Y. Public Health Law 4651*2
• Applicant: shall mean (a) with respect to an eligible building held in the cooperative or condominium form of ownership, the board of managers of a condominium or the board of directors of a cooperative apartment corporation, or (b) with respect to any other eligible building, the owner of such building. See N.Y. Real Property Tax Law 499-AAA
• Applicant: shall mean (a) with respect to an eligible building held in the cooperative or condominium form of ownership, the board of managers of a condominium or the board of directors of a cooperative apartment corporation, or (b) with respect to any other eligible building, the owner of such building. See N.Y. Real Property Tax Law 499-AAAA
• Applicant: shall mean , if a business entity submitting an application for registration, the entity and all the principals thereof; if an individual submitting an application for a photo identification card, such individual. See N.Y. New York City Administrative Code 22-251
• Application for recognizance or bail: means an application by a principal that the court, instead of committing him to or retaining him in the custody of the sheriff, either release him on his own recognizance or fix bail. See N.Y. New York City Administrative Code 27-574
• Application for tax abatement: shall mean an application for a green roof tax abatement pursuant to section four hundred ninety-nine-ccc of this title. See N.Y. Real Property Tax Law 499-AAA
• Application for tax abatement: shall mean an application for a solar electric generating system tax abatement pursuant to section four hundred ninety-nine-cccc of this title. See N.Y. Real Property Tax Law 499-AAAA
• 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. New York City Administrative Code 27-740
• Approved asbestos safety program: means a program approved by the commissioner of health providing training in the handling and use of asbestos and asbestos material, education concerning safety and health risks inherent in such handling and use and training in techniques for minimizing exposure of the public to asbestos fibers. See N.Y. Tax Law 1827
• Approved assessing unit: shall mean an assessing unit certified by the commissioner, pursuant to section nineteen hundred two of this chapter, as having completed a revaluation which is in conformance with the commissioner's rules and regulations. See N.Y. Real Property Tax Law 701
• Approved plan: as used in this article means a plan of library service by a public library system approved by the commissioner subsequent to May first, nineteen hundred fifty-eight. See N.Y. New York City Administrative Code 27-866
• Approved plans: means plans submitted to and approved by the department of buildings in connection with the applicant's building permit, including any amendments to such plans approved by such department before final inspection of the work for which such permit was issued. See N.Y. Real Property Tax Law 489-AAAA
• Approved plans: means plans submitted to and approved by the department of buildings in connection with an applicant's building permit, including any amendments to such plans approved by such department before final inspection of the work for which such permit was issued. See N.Y. Real Property Tax Law 489-AAAAA
• approved program: means a program for the education of physician assistants which has been formally approved by the education department. See N.Y. New York City Administrative Code 9-150
• Architect: shall mean a person licensed and registered to practice the profession of architecture under the education law. See N.Y. Real Property Tax Law 499-AAA
• Architect: shall mean a person licensed and registered to practice the profession of architecture under the education law. See N.Y. Real Property Tax Law 499-AAAA
• Area of the state: means any county, city, town, village, or other geographical area of the state as may be designated by the department. See N.Y. New York City Administrative Code 17-704.1
• Areas under Nazi influence: shall mean the country of Nazi Germany, areas occupied by Nazi Germany, those European countries allied with Nazi Germany, areas occupied by those European countries allied with Nazi Germany, or any other neutral European country or area in Europe under the influence or threat of Nazi invasion. See N.Y. Real Property Tax Law 422
• Armor piercing ammunition: means any ammunition capable of being used in pistols or revolvers containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition, that is constructed entirely (excluding the presence of traces of other substances) from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or uranium. See N.Y. Penal Law 265.00
• art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See N.Y. New York City Administrative Code 27-523
• Article: means a prose composition, including commentaries, reviews, editorials, op-eds, letters to the editor, and reader comments on articles. See N.Y. Tax Law 1101
• article of procurement: shall mean a commodity, service, technology, public work, construction, revenue contract, the purchase, sale or lease of real property or an acquisition or granting of other interest in real property, that is the subject of a governmental procurement. See N.Y. Tax Law 3013
• Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See N.Y. New York City Administrative Code 27-523
• Asbestos: means any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine),

  amosite

  (cummingtonite-grunerite),

  crocidolite (riebeckite), tremolite, anthrophyllite and actinolite. See N.Y. Tax Law 1827

• Asbestos contract: means an oral or written agreement contained in one or more documents for the performance of work on an asbestos project and includes all labor, goods and services. See N.Y. Tax Law 1827
• Asbestos contractor: means the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation, limited liability corporation or professional limited liability corporation and any owner or operator thereof, which engages in any portion of an asbestos project or employs persons engaged in an asbestos project. See N.Y. Tax Law 1827
• Asbestos handling certificate: means a certificate issued by the commissioner pursuant to the provisions of this article to a person who has satisfactorily completed an approved asbestos safety program. See N.Y. Tax Law 1827
• Asbestos handling license: means a license issued by the commissioner pursuant to the provisions of this article to an asbestos contractor engaged in an asbestos project. See N.Y. Tax Law 1827
• Asbestos material: means any material containing more than one percent by weight of asbestos. See N.Y. Tax Law 1827
• Asbestos project: means work undertaken which involves the removal, encapsulation, enclosure, repair or disturbance of friable or non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fiber except for work in an owner-occupied single family dwelling performed by the owner of such dwelling and, for the purpose of compliance with regulations promulgated pursuant to subdivision one of section nine hundred six of this article, except for in-plant operations as defined in subdivision thirteen of this section. See N.Y. Tax Law 1827
• Assault weapon: means

  (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:

  (i) a folding or telescoping stock;

  (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

  (iii) a thumbhole stock;

  (iv) a second handgrip or a protruding grip that can be held by the non-trigger hand;

  (v) a bayonet mount;

  (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator;

  (vii) a grenade launcher; or

  (b) a semiautomatic shotgun that has at least one of the following characteristics:

  (i) a folding or telescoping stock;

  (ii) a thumbhole stock;

  (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;

  (iv) a fixed magazine capacity in excess of seven rounds;

  (v) an ability to accept a detachable magazine; or

  (c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:

  (i) a folding or telescoping stock;

  (ii) a thumbhole stock;

  (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;

  (iv) capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;

  (v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

  (vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

  (vii) a manufactured weight of fifty ounces or more when the pistol is unloaded; or

  (viii) a semiautomatic version of an automatic rifle, shotgun or firearm;

  (d) a revolving cylinder shotgun;

  (e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of subdivision twenty-two of section 265. See N.Y. Penal Law 265.00

• assessed value: means the determination made by assessors of the valuation of real property, including the valuation of exempt real property. See N.Y. Real Property Tax Law 522
• assessed value: means the determination made by assessors or the board of assessment review of the valuation of real property, including the valuation of exempt real property. See N.Y. Real Property Tax Law 701
• assessed value: means the determination made by assessors or the board of assessment review of the valuation of real property, including the valuation of exempt real property. See N.Y. Real Property Tax Law 729
• Assessing unit: means a city, town or village. See N.Y. Real Property Tax Law 489-B
• Assessing unit: means a city, town or village. See N.Y. Real Property Tax Law 489-BB
• Assessment roll: means the assessment roll as it exists from the time of its tentative completion to the time of the annexation of a warrant for the collection of taxes. See N.Y. Real Property Tax Law 550
• assisted living residence: means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. See N.Y. Public Health Law 4651*2
• Assisted project: shall mean any project in respect of which the authority has granted a loan or guaranteed a loan. See N.Y. Public Authorities Law 1801
• Associate real estate broker: means a licensed real estate broker who shall by choice elect to work under the name and supervision of another individual broker or another broker who is licensed under a partnership, trade name, limited liability company or corporation. See N.Y. New York City Administrative Code 21-114
• athletic trainer: means any person who is duly certified in accordance with this article to perform athletic training under the supervision of a physician and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord injuries, in a health care organization. See N.Y. Uniform Commercial Code 9-336
• Attending nurse practitioner: means the nurse practitioner selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-501
• Attending nurse practitioner: means a nurse practitioner, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
• Attending physician: means the physician selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-501
• Attending physician: means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-606
• Attending physician: means a physician, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
• Attest: means providing the following public accountancy services which all require the independence of licensees:

  a. See N.Y. Tax Law 1210-A

• ATV: means an all terrain vehicle or ATV as defined in section twenty-two hundred eighty-one of this chapter. See N.Y. Vehicle & Traffic Law 2401
• auction: means a public sale of cattle, swine or horses to the highest bidder. See N.Y. Public Authorities Law 1824
• auctioneer: means a person who sells, or makes a business of selling cattle, swine or horses, at auction. See N.Y. Public Authorities Law 1824
• Authority: shall mean the New York state energy research and development authority. See N.Y. Family Court Law 773
• Authority: shall mean the New York job development authority created by subdivision one of section eighteen hundred two of this title. See N.Y. Public Authorities Law 1801
• 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. New York City Administrative Code 27-943
• Authorized agency: means any agency defined by section three hundred seventy-one of the social services law and, for the purposes of this article, shall include such corporations incorporated or organized under the laws of the state as may be specifically authorized by their certificates of incorporation to receive children for the purposes of adoption or foster care. See N.Y. New York City Administrative Code 3-406
• Authorized emergency ATV: shall mean an ATV designated as such in writing by the chief executive officer of any duly organized volunteer ambulance company, fire department, or paid fire department, operated by a member thereof and equipped with emergency lights as provided in section twenty-four hundred six of this article. See N.Y. Vehicle & Traffic Law 2401
• Authorized expenditures: shall mean those expenditures determined by the commissioner to be reasonable and necessary for the adequate and proper enforcement of the provisions of this chapter, and for implementing an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or a boating noise level enforcement program. See N.Y. Vehicle & Traffic Law 391
• Authorized player: shall mean an individual located in New York state, who is not a prohibited player, that participates in an interactive fantasy sports contest offered by a registrant. See N.Y. New York City Administrative Code 16-111.1
• authorizing agent: shall mean the person with the right to control the disposition of the decedent pursuant to section forty-two hundred one of the public health law. See N.Y. Vehicle & Traffic Law 1130
• authorship: refers to the creator of a work of fine art or multiple or to the period, culture, source or origin, as the case may be, with which the creation of such work is identified in the description of the work. See N.Y. New York City Administrative Code 27-523
• Automatic knife: includes a stiletto, a switchblade knife, a gravity knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife. See N.Y. Penal Law 265.00
• Average annual debt service: means the amount of insured unpaid principal and interest on an obligation, multiplied by the number of such insured obligations (assuming each obligation represents one thousand dollars par value), divided by the amount equal to the aggregate life of all such obligations (assuming each obligation represents one thousand dollars par value). See N.Y. Real Property Tax Law 987
• baby chicks: as used in this article , means any domestic fowl under the age of six weeks. See N.Y. Uniform Commercial Code 9-320
• Bail: means cash bail or a bail bond. See N.Y. New York City Administrative Code 27-574
• Bail bond: means a written undertaking, executed by one or more obligors, that the principal designated in such instrument will, while at liberty as a result of an order fixing bail and of the posting of the bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise render himself amenable to the orders and processes of the court, and that in the event that he fails to do so the obligor or obligors will

  pay to the people of the state of New York a specified sum of money, in the amount designated in the order fixing bail. See N.Y. New York City Administrative Code 27-574

• Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See N.Y. Uniform Commercial Code 7-102
• balance sheet liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iv) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• Bank: means a bank, trust company, private banker, savings bank, savings and loan association, credit union, investment company organized under article twelve of this chapter and authorized to accept deposits, national bank, federal savings association, federal credit union, or out-of-state state bank, as such term is defined in subdivision two of section two hundred twenty-two of this chapter, having a principal, branch or trust office in this state. See N.Y. New York City Administrative Code 20-206
• Bank holding company: when used in this article, means any company which (a) directly or indirectly, or through a subsidiary or subsidiaries, owns, controls, or holds with power to vote (i) ten per centum or more of the voting stock of a company which is or becomes a bank holding company by virtue of this article, or (ii) ten per centum or more of the voting stock of a banking institution, or (b) controls in any manner the election of a majority of the directors of (i) a banking institution, or (ii) a company which is or becomes a bank holding company by virtue of this article, or (c) is a company, for the benefit of whose stockholders or members ten per centum or more of the voting stock of a banking institution or of a company which is or becomes a bank holding company by virtue of this article is held, directly or indirectly, by a trustee or trustees, or (d) through a combination of (i) ownership, control or holding, directly or indirectly, of voting stock and (ii) voting stock and held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company, if such voting stock is voting stock of one or more banking institutions or of one of more companies which are or become bank holding companies by virtue of this article, as the case may be, is a company which would be a bank holding company if the aggregate of such voting stock were either entirely owned, controlled or held, directly or indirectly, by such company or entirely held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company. See N.Y. New York City Administrative Code 13-339
• Banking institution: when used in this article, means a bank, a trust company, a stock-form savings bank or a stock-form savings and loan association. See N.Y. New York City Administrative Code 13-339
• banking institution: shall mean and include banks, trust companies, savings banks, savings and loan associations and foreign banking corporations licensed, pursuant to section twenty-six of this chapter, to maintain a branch in the state, as so defined. See N.Y. New York City Administrative Code 13-370.1
• banking law: refer to laws of the state;

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

• Banking subsidiary: when used in this article, means a subsidiary that is a banking institution, and a "non-banking subsidiary" means a subsidiary that is not a banking institution. See N.Y. New York City Administrative Code 13-339
• battery manufacturer: means every person, firm or corporation that: (i) produces rechargeable batteries sold or distributed in the state, or packages such batteries for sale in the state, except that if such production or packaging is for a distributor having the right to produce or otherwise package that same brand of battery in the state, then such distributor shall be deemed to be the battery manufacturer; or (ii) imports rechargeable batteries into the United States that are sold or distributed in the state;

  2. See N.Y. New York City Administrative Code 20-388

• Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by this article. See N.Y. New York City Administrative Code 27-2117
• Benefit period: means the period of time when a recipient is eligible to receive benefits pursuant to this title, including in the case of a recipient of a certificate of eligibility for commercial construction work in a deferral area, the period of time tax payments are to be deferred, the interim period when no tax payments are to be deferred and no deferred tax payments are required to be made, and the period of time when the deferred tax payments are to be made. See N.Y. Real Property Tax Law 489-AAAA
• Benefit period: means the period of time when a recipient is eligible to receive benefits pursuant to this title. See N.Y. Real Property Tax Law 489-AAAAA
• Best available control technology: means an emission limitation or equipment standard based on the maximum degree of reduction which the department determines is achievable on a case-by-case basis taking into account energy, economic, environmental and health impacts and other costs related to the source. See N.Y. New York City Administrative Code 19-108
• Best management practices: means methods, measures or practices determined to be the most practical and effective in preventing or reducing the impact of pollutants generated by nonpoint sources to a level compatible with water quality standards established pursuant to section 17-0301 of this article. See N.Y. New York City Administrative Code 17-335
• Beverage: means carbonated soft drinks, water, beer, other malt beverages and a wine product as defined in subdivision thirty-six-a of section three of the alcoholic beverage control law. See N.Y. New York City Administrative Code 20-320
• Beverage container: means the individual, separate, sealed glass, metal, aluminum, steel or plastic bottle, can or jar used for containing less than one gallon or 3. See N.Y. New York City Administrative Code 20-320
• Bidis: means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendra leaf (diospyros exculpra), or any other product offered to consumers as "beedies" or "bidis". See N.Y. Family Court Law 1024
• Binding contract of sale: means a real estate purchase contract or offer that would, upon signing by the seller and subject to satisfaction of any contingencies, require the buyer to accept a transfer of title. See N.Y. New York City Administrative Code 21-318
• Biological agent: means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of

  any such micro-organism, virus, infectious substance, or biological product, capable of causing:

  (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

  (b) deterioration of food, water, equipment, supplies, or material of any kind; or

  (c) deleterious alteration of the environment. See N.Y. Penal Law 490.05

• Biological weapon: means any biological agent, toxin, vector, or delivery system or combination thereof. See N.Y. Penal Law 490.05
• board: means the board of higher education of the city of New York. See N.Y. Penal Law 265.10
• board: means the public employment relations board created by section two hundred five of the civil service law, in carrying out its functions under this article. See N.Y. Tax Law 684
• Board: shall mean the New York state occupational safety and health hazard abatement board created pursuant to the provisions of section twenty-seven-a of this chapter. See N.Y. Tax Law 1821
• board: means "board of directors". See N.Y. New York City Administrative Code 27-728
• Board: shall mean the board of trustees of the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
• Board: shall mean the medical equipment service agency advisory board created by section thirty-six hundred fifty-five of this article. See N.Y. New York City Administrative Code 9-143
• Board: means a facility siting board constituted pursuant to the provisions of section 27-1105 of this title. See N.Y. New York City Administrative Code 20-331
• Board: means the industrial and commercial incentive board;

  3. See N.Y. Real Property Tax Law 489-AAA

• board: shall mean the board of directors of a land bank;

  (b) "land bank" shall mean a land bank established as a charitable not-for-profit corporation under this chapter and in accordance with the provisions of this article and pursuant to this article;

  (c) "foreclosing governmental unit" shall mean "tax district" as defined in subdivision six of section eleven hundred two of the real property tax law;

  (d) "municipality" shall mean a city, village, town or county other than a county located wholly within a city;

  (e) "school district" shall mean a school district as defined under the education law; and

  (f) "real property" shall mean lands, lands under water, structures and any and all easements, air rights, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise, and any and all fixtures and improvements located thereon. See N.Y. Vehicle & Traffic Law 1170

• Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of seven persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of the state energy office, one of whom shall be the commissioner of commerce and two of whom shall be public members appointed by the governor, one of whom shall be an ad hoc member who shall be a resident of the judicial district in which the facility as primarily proposed is to be located and one of whom shall be an ad hoc member who shall be a resident of the county in which the facility as primarily proposed is to be located. See N.Y. New York City Administrative Code 13-114
• Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. New York City Administrative Code 13-125.1
• Board: means the New York state board on electric generation siting and the environment, which shall be in the department and consist of seven persons: the chair of the department, who shall serve as chair of the board; the commissioner of environmental conservation; the commissioner of health; the chair of the New York state energy research and development authority; the commissioner of economic development and two ad hoc public members, both of whom shall reside within the municipality in which the facility is proposed to be located, except if such facility is proposed to be located within the city of New York, then all ad hoc members shall reside within the community district in which the facility is proposed to be located. See N.Y. New York City Administrative Code 13-140
• board of trustees: means the board of trustees of the city university of New York. See N.Y. Penal Law 260.05
• Board rate: shall mean an amount equal to the monthly payment which has been or would have been made by a social services official, in accordance with section three hundred ninety-eight-a and other provisions of this chapter, for the care and maintenance of the child, if such child had been boarded out in a foster family boarding home. See N.Y. Social Services Law 451
• Body piercing: shall mean the piercing of any part of the body, except the ear. See N.Y. Family Court Law 781
• Body piercing specialist: shall mean any person who performs body piercing on the body of any other person. See N.Y. Family Court Law 781
• Body piercing studio: shall mean any premises in which the body piercing specialist conducts such practice. See N.Y. Family Court Law 781
• bond: means (a) a bond, note or other obligation of any kind or nature, whether secured or unsecured, which is part of an issue held by more than one person, or (b) a certificate or other instrument which is part of an issue held by more than one person evidencing any interest in any bond, note or other obligation of any kind or nature, whether secured or unsecured. See N.Y. Vehicle & Traffic Law 2105
• Bondholder: shall mean and include any person, firm, association or corporation owning or holding a mortgage investment. See N.Y. New York City Administrative Code 17-1003
• bondholder: means the owner of a bond. See N.Y. Vehicle & Traffic Law 2105
• borrower: shall mean (i) a student who is a resident of New York state attending, or accepted for enrollment at, an eligible college, or (ii) the parent, legal guardian, or sponsor, as defined by the corporation in regulation, of a student attending, or accepted for enrollment at, an eligible college who is a resident of New York state, and who obtains an education loan from a lending institution to pay for or finance higher education expenses under this program. See N.Y. New York City Administrative Code 27-902
• Borrower: shall mean a student attending a covered institution in this state, or a parent or person in parental relation to such student, who also obtains an educational loan from a lending institution to pay for or finance higher education expenses. See N.Y. Penal Law 60.21
• Bottler: means a person, firm or corporation who:

  a. See N.Y. New York City Administrative Code 20-320

• Branch office: means an establishment maintained and operated by an off-track betting corporation, where off-track pari-mutuel betting on horse races may be placed in accordance with the terms and conditions of this chapter and rules and regulations issued pursuant thereto;

  j. See N.Y. New York City Administrative Code 15-217

• Brand: means each commercial feed identified by and differing from others either in name, trademark, descriptive designation or other method or marking, composition or guaranteed analysis. See N.Y. Tax Law 1202-AA*3
• brand: shall mean a term, name, design, or trademark used in connection with one or several grades of commercial fertilizer. See N.Y. Tax Law 1202-L*4
• Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See N.Y. Tax Law 1202-AA*3
• Broker: shall include any individual or corporation engaging in the purchase, sale or exchange of securities for or on behalf of any customer. See N.Y. Penal Law 240.70
• Buffer zone: means all that area outside and surrounding the underground gas storage reservoir which the department approves as appropriate to protect the integrity of the reservoir, no part of which shall be more than thirty-five hundred linear feet from the boundary thereof. See N.Y. New York City Administrative Code 19-186
• Building: means a multi-unit building or buildings, or a group of buildings whether or not attached to each other, comprising a part of the property. See N.Y. New York City Administrative Code 20-103
• Building: shall mean a building or structure that is owned by the state or by an agency. See N.Y. Family Court Law 773
• Building: means any building regularly occupied in whole or in part as a habitation for human beings, and any church, school house, railway station or other building or place where people are accustomed to live, work or assemble, but does not mean or include any of the buildings of a manufacturing plant where the business of manufacturing explosives is carried on. See N.Y. Tax Law 601
• Burial: includes transportation and/or cremation. See N.Y. Public Health Law 3400
• Business day: shall mean any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See N.Y. Vehicle & Traffic Law 2286
• Business income: when used in this chapter shall mean unincorporated business entire net income minus investment income. See N.Y. New York City Administrative Code 11-501
• Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
• Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. See N.Y. Penal Law 415.00
• Cable television company: shall mean any person owning, controlling, operating, managing or leasing one or more cable television systems within the state. See N.Y. New York City Administrative Code 13-154
• Cable television system: shall mean any system which operates for hire the service of receiving and amplifying programs broadcast by one or more television or radio stations or any other programs originated by a cable television company or by any other party, and distributing such programs by wire, cable, microwave or other means, whether such means are owned or leased, to persons in one or more municipalities who subscribe to such service. See N.Y. New York City Administrative Code 13-154
• Calendar year: shall mean a regular and consecutive twelve month period, as determined by an employer. See N.Y. New York City Administrative Code 20-912
• camelid: means the entire family of camelidae. See N.Y. Public Authorities Law 1824
• Cane Sword: means a cane or swagger stick having concealed within it a blade that may be used as a sword or stilletto. See N.Y. Penal Law 265.00
• Cap amount: means three hundred percent of the annualized average daily newsstand price of the three newspapers with the largest total paid national daily circulation. See N.Y. Tax Law 1101
• Capacity: means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. See N.Y. New York City Administrative Code 7-501
• Capacity to consent: means an individual's ability, determined without regard to the individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment, or procedure, or of a proposed disclosure of confidential HIV related information, as the case may be, and to make an informed decision concerning the service, treatment, procedure or disclosure. See N.Y. New York City Administrative Code 3-406
• Capacity to make health care decisions: means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-606
• Captive finance source: means any finance source that provides automotive-related loans, or purchases retail installment contracts or lease contracts for motor vehicles and is, directly or indirectly, owned, operated or controlled, in whole or in part, by a manufacturer, factory branch, distributor or distributor branch. See N.Y. Vehicle & Traffic Law 462
• Captive REIT: means a REIT (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a REIT. See N.Y. New York City Administrative Code 11-601
• Captive RIC: means a RIC (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a RIC. See N.Y. New York City Administrative Code 11-601
• Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-501
• Cardiopulmonary resuscitation: means measures, as specified in regulations promulgated by the commissioner, to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-626
• Caregiver: shall mean any individual duly identified as a caregiver by a patient under this article who provides after-care assistance to a patient living in his or her residence. See N.Y. New York City Administrative Code 8-116
• Caretaker: means a person appointed pursuant to the provisions of section twenty-eight hundred six-b of this article, to act as a fiduciary responsible to the court which appoints him for the conserving and preserving of the rights and property of the operator of a residential health care facility, while also preserving and providing for the rights of the patients in such facility to care appropriate to their needs in a clean and wholesome environment in accordance with applicable federal and state laws and regulations. See N.Y. New York City Administrative Code 3-710.5
• Carrier: means a person that issues a bill of lading. See N.Y. Uniform Commercial Code 7-102
• Cash bail: means a sum of money, in the amount designated in an order fixing bail, posted by a principal or by another person on his behalf with a court or other authorized public servant or agency, upon the condition that such money will become forfeit to the people of the state of New York if the principal does not comply with the directions of a court requiring his attendance at the criminal action or proceeding involved or does not otherwise render himself amenable to the orders and processes of the court. See N.Y. New York City Administrative Code 27-574
• casket: means a rigid container that is designed for the encasement of human remains and customarily ornamented and lined with fabric. See N.Y. Vehicle & Traffic Law 1130
• cattle: means the entire family of bovidae. See N.Y. Public Authorities Law 1824
• Cavity: means an open or partially open space left after a salt has been solution mined. See N.Y. New York City Administrative Code 19-186
• cemetery board: means the cemetery board in the division of cemeteries in the department of state. See N.Y. Vehicle & Traffic Law 1130
• cemetery corporation: means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation or a private cemetery corporation. See N.Y. Vehicle & Traffic Law 1130
• certificate: means a certificate of authority issued by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
• Certificate: means a certificate of environmental compatibility and public need authorizing the construction of a major steam electric generating facility issued by the board pursuant to this article. See N.Y. New York City Administrative Code 13-114
• Certificate: means a certificate of environmental compatibility and public need issued by the board pursuant to this article. See N.Y. New York City Administrative Code 13-125.1
• Certificate: means a certificate of environmental compatibility and public need authorizing the construction of a major electric generating facility issued by the board pursuant to this article. See N.Y. New York City Administrative Code 13-140
• certificate of approval: when used in this article, shall mean the certificate of approval as it may be amended from time to time. See N.Y. New York City Administrative Code 17-168.1
• Certificate of authenticity: means a written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person. See N.Y. New York City Administrative Code 27-523
• certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a continuing care retirement community and to enter into continuing care retirement contracts and continuing care at home contracts pertaining to such community. See N.Y. New York City Administrative Code 10-203
• certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a fee-for-service continuing care retirement community and to enter into fee-for-service continuing care contracts pertaining to such community. See N.Y. New York City Administrative Code 10-604
• Certificate of eligibility: means the document issued by the department of finance pursuant to section four hundred eighty-nine-ddddd of this title. See N.Y. Real Property Tax Law 489-AAAAA
• certificate of insurance: shall mean any evidence issued by or on behalf of an insurance company duly authorized to transact business in this state, stating in such form as the commissioner may prescribe or approve that such company has issued an owner's policy of liability insurance on the motor vehicle or vehicles designated therein. See N.Y. Vehicle & Traffic Law 311
• Certificate of limited partnership: means the certificate referred to in section 121-201 of this article, and the certificate as amended. See N.Y. Vehicle & Traffic Law 1274
• Certificate of publication: means a certificate presented on behalf of the applicable limited partnership to the department of state together with the affidavits of publication pursuant to section 121-201 or 121-902 of this article. See N.Y. Vehicle & Traffic Law 1274
• certified ESL school: shall mean a language school conducted for-profit which provides instruction in English as a second language and which accepts no public funds and is certified pursuant to paragraph f of subdivision four of this section; and

  c. See N.Y. Penal Law 240.65

• Certified first responder: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. See N.Y. New York City Administrative Code 8-205
• Certified home health agency: means a home care services agency which possesses a valid certificate of approval issued pursuant to the provisions of this article, or a residential health care facility or hospital possessing a valid operating certificate issued under article twenty-eight of this chapter which is authorized under section thirty-six hundred ten of this article to provide a long term home health care program. See N.Y. New York City Administrative Code 9-117
• Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
• chancellor: shall mean the chancellor of the city district. See N.Y. Penal Law 178.25
• Change in level of assessment: means the net percentage increase or decrease in the assessed valuation of all taxable real property in an assessing unit from one final assessment roll to the next, other than increases or decreases in the assessed valuation of special franchises, transportation properties of railroads subject to a ceiling assessment, wholly exempt properties, and other than increases or decreases in value attributable to physical or quantity changes in the property. See N.Y. Real Property Tax Law 1220
• Change in level of assessment factor: means a multiplication factor which represents the change in level of assessment. See N.Y. Real Property Tax Law 1220
• Charitable or nonprofit organization: means any organization which is exempt from federal or state income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. See N.Y. Public Authorities Law 1801
• charitable organization: shall mean entities established pursuant to the not-for-profit corporation law or otherwise established pursuant to law. See N.Y. Social Services Law 42
• Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community including any purpose that is charitable under the laws of the state of New York. See N.Y. Vehicle & Traffic Law 426
• CHAS: shall mean the New York state comprehensive housing affordability strategy prepared in accordance with the requirements of the national affordable housing act of 1990. See N.Y. Family Court Law 651
• Chemical weapon: means the following, together or separately:

  (a) a toxic chemical or its precursors;

  (b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;

  (c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or

  (d) any device that is designed to release radiation or radioactivity at a level dangerous to human life. See N.Y. Penal Law 490.05

• child: means a person under eighteen years of age, or a person under nineteen years of age who is a full-time student regularly attending a secondary school or in the equivalent level of vocational or technical training if, before such person attains age nineteen, such person may reasonably be expected to complete the program of such secondary school or training. See N.Y. Social Services Law 345
• Child: shall mean a person under the age of twenty-one years whose guardianship and custody have been committed to a social services official or a voluntary authorized agency, or whose guardianship and custody have been committed to a certified or approved foster parent pursuant to a court order prior to such person's eighteenth birthday, except as provided in paragraph (g) of subdivision three of section three hundred eighty-four-b of this article and section six hundred thirty-one of the family court act. See N.Y. Social Services Law 451
• Child: shall mean a person under the age of twenty-one years whose custody, care and custody, or custody and guardianship have been committed to a social services official prior to such person's eighteenth birthday pursuant to section three hundred fifty-eight-a, three hundred eighty-four, three hundred eighty-four-a or three hundred eighty-four-b of this chapter or article three, seven, ten or 10-C of the family court act. See N.Y. Social Services Law 458-A
• Child: shall mean a biological, adopted or foster child, a legal ward, or a child of an employee standing in loco parentis. See N.Y. New York City Administrative Code 20-912
• Child: means any protected individual actually or apparently under eighteen years of age. See N.Y. New York City Administrative Code 3-406
• child: refers to a child born out of wedlock. See N.Y. Family Court Law 512
• Child: means any person or persons alleged to have been abused or neglected, whichever the case may be;

  (c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;

  (d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;

  (e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care

  (i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or

  (ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or

  (iii) (A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law; (B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012

• Child: means "youth" as defined in this section. See N.Y. New York City Administrative Code 21-901
• child born out of wedlock: refers to a child who is begotten and born out of lawful matrimony. See N.Y. Family Court Law 512
• child born out of wedlock: when used in this article, refers to a child whose father is not its mother's husband. See N.Y. Public Health Law 4135
• Child care institution: shall mean any facility serving thirteen or more children licensed by the department of social services pursuant to title one of article seven of the social services law operated by an authorized agency, or a residential treatment facility for children and youth, whether or not such residential treatment facility is operated by an authorized agency, except that Blythedale Children's Hospital shall be a child care institution. See N.Y. Penal Law 220.06
• child care provider: shall mean :

  1. See N.Y. Tax Law 675

• Child protective agency: means the child protective service of the appropriate local department of social services or such other agencies with whom the local department has arranged for the provision of child protective services under the local plan for child protective services or an Indian tribe that has entered into an agreement with the state department of social services pursuant to section thirty-nine of the social services law to provide child protective services. See N.Y. Family Court Law 1012
• Child with a handicapping condition: shall mean a person between the ages of five and twenty-one who has been identified through appropriate evaluation and assessment as having a disability arising from cognitive, emotional or physical factors, or any combination thereof, which interferes with the child's ability to benefit from regular education. See N.Y. Penal Law 220.06
• Child witness: means a person fourteen years old or less who is or will be called to testify in a criminal proceeding, other than a grand jury proceeding, concerning an offense defined in article one hundred thirty of the penal law or section 255. See N.Y. New York City Administrative Code 27-272
• Chuka stick: means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by striking or choking. See N.Y. Penal Law 265.00
• cigarette: includes "roll-your-own" (i. See N.Y. Family Court Law 1036
• city: shall mean the city of New York. See N.Y. Penal Law 265.10
• City: means the city of New York. See N.Y. Real Property Tax Law 583
• city: shall mean a city (a) which is co-terminous with a city school district or (b) in which a city school district is wholly or partly located. See N.Y. New York City Administrative Code 25-424
• city: as used in this title , shall mean any such city. See N.Y. Real Property Tax Law 350
• city: shall mean the city of New York; and

  (2) "state" shall mean the state of New York. See N.Y. New York City Administrative Code 11-4001

• city board: shall mean the board of education of the city district. See N.Y. Penal Law 178.25
• city district: shall mean the city school district of the city of New York. See N.Y. Penal Law 178.25
• city school district: shall mean a school district to which article fifty-one of the education law is applicable. See N.Y. New York City Administrative Code 25-424
• city university: means the city university of New York under the jurisdiction of the board of higher education of the city of New York. See N.Y. Penal Law 265.10
• city university: shall mean the city university of New York, including each senior college and each community college. See N.Y. Penal Law 260.05
• Claimant: when used in this article, means a purchaser or holder of a New York instrument. See N.Y. New York City Administrative Code 20-331
• Class designation: shall mean :

  (a) in an assessing unit other than a special assessing unit, the determination, pursuant to section nineteen hundred three of this chapter, of whether real property is included in the homestead class; or

  (b) in a special assessing unit, the determination, pursuant to section eighteen hundred two of this chapter, of whether real property is included in class one, two, three or four. See N.Y. Real Property Tax Law 522

• Class designation: shall mean :

  (a) In an assessing unit other than a special assessing unit, the determination, pursuant to section nineteen hundred three of this chapter, of whether real property is included in the homestead class; or

  (b) In a special assessing unit, the determination, pursuant to section eighteen hundred two of this chapter, of whether real property is included in class one, two, three or four. See N.Y. Real Property Tax Law 701

• Clean alternative fuels: means fuels, for use in motor vehicles which meet the requirements of section 7511a(c)(4) of the Act. See N.Y. New York City Administrative Code 17-704.1
• Clean fuel vehicle: means a vehicle in a class or category of vehicles which has been certified to meet, for any model year, the clean fuel vehicle standards for clean fuel vehicles specified in this article pursuant to section 7583 of the Act. See N.Y. New York City Administrative Code 17-704.1
• Clerical and other worker: includes all employees not included in subdivisions four, five and six of this section, except any person employed in a bona fide executive, administrative or professional capacity whose earnings are in excess of nine hundred dollars a week. See N.Y. Social Services Law 409-F
• Clerical error: means :

  (a) an incorrect entry of assessed valuation on an assessment roll or on a tax roll which, because of a mistake in transcription, does not conform to the entry for the same parcel which appears on the property record card, field book or other final work product of the assessor, or the final verified statement of the board of assessment review; or

  (b) an entry which is a mathematical error present in the computation of a partial exemption; or

  (c) an incorrect entry of assessed valuation on an assessment roll or on a tax roll for a parcel which, except for a failure on the part of the assessor to act on a partial exemption, would be eligible for such partial exemption; or

  (d) an entry which is a mathematical error present in the computation or extension of the tax; or

  (e) an entry on a tax roll which is incorrect by reason of a mistake in the determination or transcription of a special assessment or other charge based on units of service provided by a special district; or

  (f) a duplicate entry on an assessment roll or on a tax roll of the description or assessed valuation, or both, of an entire single parcel; or

  (g) an entry on an assessment or tax roll which is incorrect by reason of an arithmetical mistake by the assessor appearing on the property record card, field book or other final work product of the assessor; or

  (h) an incorrect entry on a tax roll of a relevied school tax or relevied village tax which has been previously paid; or

  (i) an entry on a tax roll which is incorrect by reason of a mistake in the transcription of a relevied school tax or relevied village tax; or

  (j) an incorrect entry of assessed valuation on an assessment roll or a tax roll due to an assessor's failure to utilize the required assessment method pursuant to section five hundred eighty-one-a of this article in the valuation of qualifying real property. See N.Y. Real Property Tax Law 550

• Clerk: means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article. See N.Y. Public Authorities Law 2422
• Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Tax Law 1847
• Client: means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report about the condition of a residential building. See N.Y. New York City Administrative Code 21-134
• client: shall mean every person or organization who retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client. See N.Y. Tax Law 3013
• Clinic: shall mean a facility located either within or outside of a state university health care facility providing services related to the medical education mission of the university, but shall not include state university student health services. See N.Y. New York City Administrative Code 27-2007
• Clinical: shall mean activities directly relating to the treatment or diagnosis of human ailments. See N.Y. Uniform Commercial Code 9-617
• Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or relative of the patient (other than a spouse, adult child, parent, brother or sister) who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs and who presents a signed statement to that effect to the attending physician. See N.Y. New York City Administrative Code 7-501
• Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or a relative of the patient (other than a spouse, adult child, parent, brother or sister), who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs, and who presents a signed statement to that effect to the attending physician. See N.Y. New York City Administrative Code 7-626
• CMS: means the federal centers for Medicare and Medicaid services. See N.Y. New York City Administrative Code 8-122
• CMS regulations: means applicable federal laws and CMS regulations and policies. See N.Y. New York City Administrative Code 8-122
• Coal: means bituminous coal, anthracite coal or lignite. See N.Y. New York City Administrative Code 19-108
• Coastal communities: shall mean those areas on Long Island where the Magothy aquifer is either absent or contaminated with chlorides. See N.Y. New York City Administrative Code 13-325
• Code of conduct: shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution. See N.Y. Penal Law 415.00
• Collateral: means :

  (1) cash;

  (2) the cash flow from specific obligations which are not callable and scheduled to be received based on expected prepayment speed on or prior to the date of scheduled debt service (including scheduled redemptions or prepayments) on the insured obligation provided that (i) such specific obligations are directly payable by, guaranteed by or backed by the full faith and credit of the United States government, (ii) in the case of insured obligations denominated or payable in foreign currency as permitted under paragraph four of subsection (b) of section six thousand nine hundred four of this article, such specific obligations are directly payable by, guaranteed by or backed by the full faith and credit of such foreign government or the central bank thereof, or (iii) such specific obligations are insured by the same insurer that insures the obligations being collateralized, and the cash flows from such specific obligations are sufficient to cover the insured scheduled payments on the obligations being collateralized;

  (3) the market value of investment grade obligations, other than obligations evidencing an interest in the project or projects financed with the proceeds of the insured obligations;

  (4) the face amount of each letter of credit that:

  (A) is irrevocable;

  (B) provides for payment under the letter of credit in lieu of or as reimbursement to the insurer for payment required under a financial guaranty insurance policy;

  (C) is issued, presentable and payable either:

  (i) at an office of the letter of credit issuer in the United States; or

  (ii) at an office of the letter of credit issuer located in the jurisdiction in which the trustee or paying agent for the insured obligation is located;

  (D) contains a statement that either:

  (i) identifies the insurer and any successor by operation of law, including any liquidator, rehabilitator, receiver or conservator, as the beneficiary; or

  (ii) identifies the trustee or the paying agent for the insured obligation as the beneficiary;

  (E) contains a statement to the effect that the obligation of the letter of credit issuer under the letter of credit is an individual obligation of such issuer and is in no way contingent upon reimbursement with respect thereto;

  (F) contains an issue date and a date of expiration;

  (G) either:

  (i) has a term at least as long as the shorter of the term of the insured obligation or the term of the financial guaranty policy; or

  (ii) provides that the letter of credit shall not expire without thirty days prior written notice to the beneficiary and allows for drawing under the letter of credit in the event that, prior to expiration, the letter of credit is not renewed or extended or a substitute letter of credit or alternate collateral meeting the requirements of this subsection is not provided;

  (H) states that it is governed by the laws of the state of New York or by the 1983 or 1993 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication 400 or 500) or any successor Revision if approved by the superintendent, and contains a provision for an extension of time, of not less than thirty days after resumption of business, to draw against the letter of credit in the event that one or more of the occurrences described in Article 19 of Publication 400 or 500 occurs; and

  (I) is issued by a bank, trust company, or savings and loan association that:

  (i) is organized and existing under the laws of the United States or any state thereof or, in the case of a non-domestic financial institution, has a branch or agency office licensed under the laws of the United States or any state thereof and is domiciled in a member country of the Organisation for Economic Co-operation and Development having a sovereign rating in one of the top two generic lettered rating classifications by a securities rating agency acceptable to the superintendent;

  (ii) has (or is the principal operating subsidiary of a financial institution holding company that has) a long-term debt rating of at least investment grade; and

  (iii) is not a parent, subsidiary or affiliate of the trustee or paying agent, if any, with respect to the insured obligation if such trustee of paying agent is the named beneficiary of the letter of credit; or

  (5) the amount of credit protection available to the insurer (or its nominee) under each credit default swap that:

  (A) may not be amended without the consent of the insurer and may only be terminated: (i) at the option of the insurer; (ii) at the option of the counterparty to the insurer (or its nominee), if the credit default swap provides for the payment of a termination amount equal to the replacement cost of the terminated credit default swap determined with reference to standard documentation of the International Swap and Derivatives Association, Inc. See N.Y. Real Property Tax Law 987

• College: shall mean any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Penal Law 60.02
• Commercial: means any non-residential property used primarily for the buying, selling or otherwise providing of goods or services, provided that the use of such property has not been designated as a restricted commercial use pursuant to section four hundred eighty-nine-ccc of this title;

  4. See N.Y. Real Property Tax Law 489-AAA

• Commercial motor vehicle: shall mean a motor vehicle or combination of vehicles having a gross combination weight rating of more than ten thousand pounds used in commerce to transport property and it shall include a tow truck with a gross vehicle weight rating of at least eighty-six hundred pounds. See N.Y. Vehicle & Traffic Law 509-P
• Commercial construction work: means the construction of a new building or structure, or portion thereof, or the modernization, rehabilitation, expansion, or other improvement of an existing building or structure, or portion thereof, for use as commercial property. See N.Y. Real Property Tax Law 489-AAAA
• Commercial construction work: means the construction of a new building or structure or the modernization, rehabilitation, expansion or improvement of an existing building or structure for use as commercial property. See N.Y. Real Property Tax Law 489-AAAAAA
• Commercial driver: shall mean every person who is self-employed or employed by a commercial motor carrier and who drives a commercial motor vehicle for hire or profit. See N.Y. Vehicle & Traffic Law 509-P
• Commercial exclusion area: means an area as defined in subdivision four of section four hundred eighty-nine-gggggg of this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Commercial feed: means all materials except unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated within the meaning of subdivision one of section one hundred thirty-two of this article, which are distributed for use as feed or for mixing in feed, and includes pet food and specialty pet food. See N.Y. Tax Law 1202-AA*3
• commercial fertilizer: shall mean any substances containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner. See N.Y. Tax Law 1202-L*4
• Commercial goods transportation contractor: includes a general commercial goods transportation contractor or a commercial goods transportation subcontractor. See N.Y. Tax Law 1262-P
• Commercial goods transportation services: means the transportation of goods for compensation by a driver who possesses a state-issued driver's license, transports goods in the state of New York, and operates a commercial motor vehicle as defined in subdivision four-a of section two of the transportation law. See N.Y. Tax Law 1262-P
• Commercial motor carrier: shall mean any person, corporation, or entity, who directs one or more commercial motor vehicles and who operates a commercial motor vehicle wholly within or partly within and partly without this state in connection with the operation or administration of any business. See N.Y. Vehicle & Traffic Law 509-P
• Commercial property: means nonresidential property (a) on which will exist after completion of commercial construction work, a building or structure used for the buying, selling or otherwise providing of goods or services including hotel services, or for other lawful business, commercial or manufacturing activities; and (b) (i) where, except as provided in subparagraph (ii) of this paragraph and paragraph (c) of this subdivision, not more than fifteen per centum of the total net square footage of any building or structure on such property was used for manufacturing activities at any one or more times during the twenty-four months immediately preceding the date of application for a certificate of eligibility or (ii) where not more than fifteen per centum of the total net square footage of any building or structure on such property was used for manufacturing activities at any one or more times during the sixty months immediately preceding the date of application for a certificate of eligibility if such property is located, in whole or in part, in the area in the borough of Manhattan lying south of the center line of 96th Street; and (c) in the commercial revitalization area, and with respect to an application for a certificate of eligibility filed on or after July first, two thousand, "commercial property" means nonresidential property on which will exist after completion of commercial construction work, a building or structure used for the buying, selling or otherwise providing of goods or services including hotel services, or for other lawful business, commercial or manufacturing activities. See N.Y. Real Property Tax Law 489-AAAA
• Commercial property: means nonresidential property on which will exist after completion of commercial construction work a building or structure, or portion thereof, used for the buying, selling or otherwise providing of goods or services including hotel services, or for other lawful business, commercial or manufacturing activities; provided that property or portions of property dedicated to utility property shall not be considered commercial property for purposes of this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Commercial purpose or use: means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. See N.Y. Real Property Tax Law 489-AAAAA
• Commercial real estate: means income producing real property other than residential property consisting of less than five units. See N.Y. Real Property Tax Law 987
• Commercial revitalization area: means any area of a city having a population of one million or more, provided that in the city of New York a commercial revitalization area shall mean any district that is zoned C4, C5, C6, M1, M2, or M3 in accordance with the zoning resolution of such city in any area of such city except the area lying south of the center line of 96th Street in the borough of Manhattan. See N.Y. Real Property Tax Law 489-AAAA
• Commercial unit: means such a unit of goods as by commercial

  usage is a single whole for purposes of lease and division of

  which materially impairs its character or value on the market

  or in use. See N.Y. Uniform Commercial Code 2-A-103

• Commission: means the state gaming commission;

  i. See N.Y. New York City Administrative Code 15-217

• Commission: shall mean the New York state gaming commission. See N.Y. New York City Administrative Code 16-111.1
• Commission: shall mean the empire state plaza art commission created by this article. See N.Y. New York City Administrative Code 27-509
• commission: shall mean the commission on public integrity created by section ninety-four of the executive law. See N.Y. Tax Law 3013
• Commission: means the temporary commercial incentive area boundary commission. See N.Y. Real Property Tax Law 489-AAAA
• Commission: means the public service commission of the state of New York. See N.Y. New York City Administrative Code 12-316
• Commissioner: means the industrial commissioner. See N.Y. Tax Law 627-C
• Commissioner: means the commissioner of agriculture and markets. See N.Y. Public Authorities Law 1835-D
• Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-208
• Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-307
• Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-312
• Commissioner: means the state commissioner of agriculture and markets. See N.Y. Public Authorities Law 2422
• Commissioner: shall mean the commissioner of parks, recreation and historic preservation or, for projects in the sixth region, the commissioner of environmental conservation. See N.Y. Parks, recreation and historic preservation Law 17.01
• Commissioner: means the commissioner of labor. See N.Y. Tax Law 1262-K
• Commissioner: means the commissioner of labor. See N.Y. Tax Law 1262-P
• commissioner: means the commissioner of the state office of temporary and disability assistance; and

  b. See N.Y. Social Services Law 330

• Commissioner: means the commissioner of agriculture and markets. See N.Y. Tax Law 1202-AA*3
• Commissioner: shall mean the commissioner of taxation and finance. See N.Y. Family Court Law 713
• Commissioner: means the commissioner of labor. See N.Y. Tax Law 1827
• Commissioner: means the commissioner of general services. See N.Y. Family Court Law 766
• Commissioner: shall mean the commissioner of health. See N.Y. Family Court Law 781
• Commissioner: means the commissioner of education of the state of New York. See N.Y. New York City Administrative Code 27-998
• Commissioner: means the commissioner, director or superintendent of financial services in any other state. See N.Y. Real Property Tax Law 730
• Commissioner: means the state commissioner of mental health or the state commissioner of mental retardation and developmental disabilities. See N.Y. New York City Administrative Code 27-740
• Commissioner: means the commissioner of parks and recreation. See N.Y. New York City Administrative Code 18-101
• commissioner: means the head of the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
• commissioner: means the commissioner of agriculture and markets. See N.Y. Tax Law 1202-L*4
• Commissioner: means the commissioner of education of the State of New York. See N.Y. Penal Law 55.10
• Commissioner: shall mean the commissioner of health. See N.Y. New York City Administrative Code 10-203
• Commissioner: includes the office and a branch office of the commissioner and, when authorized to receive a document or fee as agent of the commissioner, the clerk of a county. See N.Y. Vehicle & Traffic Law 2101
• Commissioner: shall mean the head of such office or agency as the mayor shall designate pursuant to section 20-a of the charter. See N.Y. New York City Administrative Code 20-912
• Commissioner: means the commissioner of finance of a city that has enacted a local law pursuant to this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Commissioner: shall mean the commissioner of labor;

  (b) "Department" shall mean the department of labor; and

  (c) "Task force" shall mean the fair wages task force within the department. See N.Y. Social Services Law 461-R

• Commissioner: shall mean the commissioner of labor;

  (b) "Department" shall mean the department of labor;

  (c) "Apparel industry" shall mean the making, cutting, sewing, finishing, assembling, pressing or otherwise producing, by any of the foregoing apparel industry services, any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale, provided, however, that the apparel industry shall not include cleaning or tailoring after the apparel has been sold at retail;

  (d) "Manufacturer" shall mean any person who (i) in fulfillment or anticipation of a wholesale purchase contract, contracts with a contractor to perform in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which, pursuant to such contract, is to be sold or offered for sale to a retailer or other entity, or (ii) cuts, sews, finishes, assembles, presses or otherwise produces in New York state any men's, women's, children's or infants' apparel, or a section or component, designed or intended to be worn by any individual which is to be sold or offered for sale; provided, however, that "manufacturer" shall not mean a production employee employed for wages who does not employ others;

  (e) "Contractor" shall mean any person who, in fulfillment of a contract with a manufacturer, performs in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale. See N.Y. Social Services Law 462-B

• Commissioner: means the commissioner of ACS. See N.Y. New York City Administrative Code 21-901
• commissioner: means the commissioner of agriculture and markets of the state of New York. See N.Y. Penal Law 496.07
• Commissioner: shall mean the commissioner of the New York city department of small business services. See N.Y. New York City Administrative Code 22-251
• Commissioner of finance: means the commissioner of finance of the city;

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

• Commissioner of finance: means the commissioner of finance of the city. See N.Y. New York City Administrative Code 11-1901
• Commissioner of finance: when used in this chapter shall mean the commissioner of finance of the city. See N.Y. New York City Administrative Code 11-501
• committee: means the state committee for perfusion created by section sixty-six hundred thirty-four of this article. See N.Y. Public Authorities Law 1811
• committee: means the state committee for pathologists' assistants created by this article. See N.Y. Family Court Law 580-607
• Committee: shall mean and include a person or group of persons, however known or designated, appointed by agreement, assignment, proxy, consent, authorization, power of attorney, or other similar instrument to act as an agency to receive and hold mortgage investments deposited by bondholders and to administer or do any act in respect to the same for the bondholders. See N.Y. New York City Administrative Code 17-1003
• Common area: shall mean a portion of a multiple dwelling that is not within a dwelling unit and is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling. See N.Y. New York City Administrative Code 27-2056.2
• Common charges: means each unit's proportionate share of the common expenses in accordance with its common interest. See N.Y. New York City Administrative Code 20-103
• Common expenses: means and includes:

  (a) Expenses of operation of the property, and

  (b) All sums designated common expenses by or pursuant to the provisions of this article, the declaration or the by-laws. See N.Y. New York City Administrative Code 20-103

• Common interest: means the (i) proportionate, undivided interest in fee simple absolute, or (ii) proportionate undivided leasehold interest in the common elements appertaining to each unit, as expressed in the declaration. See N.Y. New York City Administrative Code 20-103
• Common profits: means the excess of all receipts of the rents, profits and revenues from the common elements remaining after the deduction of the common expenses. See N.Y. New York City Administrative Code 20-103
• communication: includes conversation and discussion. See N.Y. New York City Administrative Code 27-687
• community: shall mean a facility or facilities established to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life and which, pursuant to a contract, at a minimum:

  a. See N.Y. New York City Administrative Code 10-203

• Community: shall mean a fee-for-service continuing care retirement community established pursuant to this article. See N.Y. New York City Administrative Code 10-604
• community board: shall mean the board of education of a community district. See N.Y. Penal Law 178.25
• community college: shall mean an institution of higher education in the city of New York, which is governed and administered as such, by the board of trustees on July first, nineteen hundred seventy-nine, whose primary purpose is providing certificate and associate degree post secondary programs in general and technical educational subjects, and is receiving financial assistance from the state as a community college. See N.Y. Penal Law 260.05
• community council: shall mean the community district education council of a community district established pursuant to section twenty-five hundred ninety-c of this article. See N.Y. Penal Law 178.25
• community district: shall mean a community school district created or to be created within the city district under the provisions of this article. See N.Y. Penal Law 178.25
• Community garden: shall mean public or private lands upon which citizens of the state have the opportunity to garden on lands which they do not individually own. See N.Y. Penal Law 400.01
• Community rating: means a rating methodology in which the premium equivalent rate for all persons covered under a municipal cooperative health benefit plan is the same, based upon the experience of the entire pool of risks covered under the plan, without regard to age, sex, health status or occupation and such that refunds, rebates, credits or dividends based upon age, sex, health status or occupation are not permitted. See N.Y. Real Property Tax Law 511
• community superintendent: shall mean the superintendent of schools of a community district. See N.Y. Penal Law 178.25
• community-based program: means a program operated by a not-for-profit organization that provides services such as street outreach, voluntary drop-in services, peer counseling, individual counseling, family-therapy and referrals for services such as educational and vocational training and health care. See N.Y. Social Services Law 447-A
• Compact basin commission: shall mean an interstate commission having jurisdiction with respect to the regulation of water resources within a basin in the state, created by interstate compact or federal-interstate compact, including but not limited to, the Susquehanna river basin commission and the Delaware river basin commission. See N.Y. New York City Administrative Code 13-325
• Company: when used in this article, means any corporation, partnership, trust, unincorporated association, joint stock association or similar organization organized under the laws of the state of New York, or if not so organized, doing business in the state of New York, or any individual residing or doing business in the state of New York, or any combination of individuals which combination is residing or is doing business in the state of New York, any combination of the foregoing which combination is residing or is doing business in the state of New York, or any such individual and any of the foregoing acting in concert, but shall not include (a) any corporation the majority of the stock of which is owned by the United States or by any state unless the superintendent determines that it would be in the public interest to deem such a corporation to constitute a company, or (b) any corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and no substantial part of the activities of which is the carrying on of propaganda, or otherwise attempting to influence legislation unless the superintendent determines that it would be in the public interest to deem such a corporation, community chest, fund, or foundation to constitute a company, or (c) any corporation or partnership owning or controlling stock acquired in connection with an underwriting of securities and which is held only for such period of time as will permit the sale thereof upon a reasonable basis. See N.Y. New York City Administrative Code 13-339
• compensation: shall mean any salary, fee, gift, payment, benefit, loan, advance or any other thing of value paid, owed, given or promised to the lobbyist by the client for lobbying but shall not include contributions reportable pursuant to article fourteen of the election law. See N.Y. Tax Law 3013
• Compilation: means providing a service that presents, in the form of financial statements, information that is the representation of the management or owners of the client without undertaking to express any assurance of the accuracy of the information in the statements, to be performed in accordance with standards, developed by a federal governmental agency, commission or board or a recognized international or national professional accountancy organization, that are acceptable to the department in accordance with the commissioner's regulations. See N.Y. Tax Law 1210-A
• Compliance period: shall mean the tax year in which a tax abatement is taken. See N.Y. Real Property Tax Law 499-AAA
• Compliance period: shall mean the tax year in which a tax abatement commences and the three tax years immediately thereafter. See N.Y. Real Property Tax Law 499-AAAA
• comptroller: shall mean the comptroller of the city of New York. See N.Y. Penal Law 265.10
• Comptroller: shall mean the state comptroller. See N.Y. Family Court Law 713
• comptroller: means the comptroller of the state of New York with respect to the state university or the appropriate fiscal officer with respect to other employers. See N.Y. New York City Administrative Code 27-2046.2
• Comptroller: shall mean the comptroller of the state of New York. See N.Y. Penal Law 70.02
• Comptroller: shall mean the comptroller of the state. See N.Y. Public Authorities Law 1801
• Computer: means a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data. See N.Y. Penal Law 156.00
• Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers. See N.Y. Penal Law 156.00
• Computer service: means any and all services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer data or computer programs from one computer to another. See N.Y. Penal Law 156.00
• Computerized test: means any test form administered to test subjects by means of a computer. See N.Y. New York City Administrative Code 27-998
• concert: shall mean any live performance whether musical or spoken, dramatic or nondramatic, by one or more performers, which is presented to the public in a place of entertainment, as defined in this subdivision. See N.Y. New York City Administrative Code 27-593
• Concurring petition: means a document distributed by the secretary or clerk of the receiving house to the members thereof upon receipt from the clerk or secretary of the initiating house of a certified copy of a petition timely executed by two-thirds of the members of the initiating house duly requesting the convening of an extraordinary session. See N.Y. Uniform Commercial Code 2-209
• Concussion: means a mild traumatic injury to the brain that is characterized by immediate and transient alteration of mental status and level of consciousness, resulting from mechanical force or trauma. See N.Y. New York City Administrative Code 3-311
• Confidential HIV related information: means any information, in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV related information, concerning whether an individual has been the subject of an HIV related test, or has HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts. See N.Y. New York City Administrative Code 3-406
• conservatee: means a person who has suffered substantial impairment of his ability to care for his property or has become unable to provide for himself or others dependent upon him for support for whom a conservator of his property has been appointed, pursuant to section 77. See N.Y. New York City Administrative Code 24-902
• Conservation: means acts taken to correct deterioration and alteration and acts taken to prevent, stop or retard deterioration. See N.Y. New York City Administrative Code 27-523
• Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See N.Y. Uniform Commercial Code 7-102
• Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See N.Y. Uniform Commercial Code 7-102
• Consolidated corporation: means the new corporation in which two or more constituent corporations are consolidated. See N.Y. Vehicle & Traffic Law 509-R
• Consolidation: means a procedure of the character described in subparagraph (a) (2). See N.Y. Vehicle & Traffic Law 509-R
• Constituent corporation: means an existing corporation that is participating in the merger or consolidation with one or more other corporations. See N.Y. Vehicle & Traffic Law 509-R
• Construction: shall mean the construction of new multiple dwellings upon vacant land. See N.Y. Family Court Law 580-105
• Construction: means the addition or deletion of services offered; a change in the agency's geographic service area; the erection, building, or substantial acquisition or alteration of a physical structure or equipment; or a substantial change in the method of providing services. See N.Y. New York City Administrative Code 9-117
• Construction: means construction as defined in section thirty-six hundred two of this chapter. See N.Y. New York City Administrative Code 10-112
• Construction: means the building of new industrial or commercial structures on vacant or predominantly vacant land, or the modernization, rehabilitation or expansion or other improvement of an existing commercial structure where such modernization, rehabilitation, expansion or other improvement is not physically or functionally integrated with the existing structure or results in additional usable square footage fifty per centum greater than the square footage of the existing structure;

  5. See N.Y. Real Property Tax Law 489-AAA

• Construction: means the erection, building, or substantial acquisition, alteration, reconstruction, improvement, extension or modification of a hospital, including its equipment; the inspection and supervision thereof; and the studies, surveys, designs, plans, working drawings, specifications, procedures and other actions necessary thereto. See N.Y. New York City Administrative Code 3-710.5
• Construction: includes construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered or renovated buildings;

  b. See N.Y. Penal Law 120.55

• consumer: means any person who purchases one or more rechargeable batteries, or products containing such batteries at the time of sale, for personal use;

  3. See N.Y. New York City Administrative Code 20-388

• Consumer goods or services: shall mean goods or services purchased, leased, or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken. See N.Y. Vehicle & Traffic Law 2286
• Consumer lease: means a lease that a lessor regularly

  engaged in the business of leasing or selling makes to a

  lessee who is an individual and who takes under the lease

  primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103

• Contact: means an identified spouse or sex partner of the protected individual, a person identified as having shared hypodermic needles or syringes with the protected individual or a person who the protected individual may have exposed to HIV under circumstances that present a risk of transmission of HIV, as determined by the commissioner. See N.Y. New York City Administrative Code 3-406
• Contaminant: means emerging contaminants pursuant to section eleven hundred twelve of the public health law, and, for solid waste sites, shall include parameters identified in regulations required to be tested by landfills to ensure the protection of groundwater quality. See N.Y. New York City Administrative Code 20-345
• contents: when used with respect to a communication, includes any information concerning the identity of the parties to such communications, and the existence, substance, purport, or meaning of that communication. See N.Y. New York City Administrative Code 27-687
• contest: shall mean a game of skill wherein one or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of simulated players whose performance directly corresponds with the actual performance of human competitors on sports teams and in sports events. See N.Y. New York City Administrative Code 16-111.1
• Contingency reserve: means an additional liability reserve established to protect policyholders against the effects of adverse economic developments or cycles or other unforeseen circumstances. See N.Y. Real Property Tax Law 987
• continuing care at home contract: shall mean a single contract to provide a person the services provided by a continuing care retirement community. See N.Y. New York City Administrative Code 10-203
• contract: as used in this article also shall include reconstruction and repair of any such public work, and any public work performed under a lease, permit or other agreement pursuant to which the department of jurisdiction grants the responsibility of contracting for such public work to any third party proposing to perform such work to which the provisions of this article would apply had the department of jurisdiction contracted directly for its performance, or where there is no lease, permit or other agreement and ownership of a public work is

  intended to be assumed by such public entity at any time subsequent to completion of the public work. See N.Y. Social Services Law 456

• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See N.Y. Uniform Commercial Code 2-106
• contract holder: means a person who is the purchaser or holder of a service contract. See N.Y. Retirement & Social Security Law 63-A
• Contractor: includes a general contractor and a subcontractor. See N.Y. Tax Law 1262-K
• Contractor: means any employer who employs employees to perform building service work under a contract with a public agency and shall include any of the contractor's subcontractors. See N.Y. Social Services Law 461-A
• Contractor: shall include , but not be limited to, a subcontractor, jobber, or wholesaler, but shall not include a production employee who is employed for wages but does not employ others;

  (f) "Production employees" shall mean persons who are employed by a contractor or a manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale;

  (g) "Special task force" shall mean the special task force on the apparel industry within the department; and

  (h) "Labor law" shall mean the labor law of New York state. See N.Y. Social Services Law 462-B

• Contractual obligations: means any obligation under covered policies, but shall not include any obligation with respect to policyholder dividends unpaid or unapplied, retrospective rate credits or similar benefits or provisions. See N.Y. Retirement & Social Security Law 19-A
• Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to render services, which a partner contributes to a limited partnership in his capacity as a partner. See N.Y. Vehicle & Traffic Law 1274
• contributions for twenty-year amortization of nineteen hundred ninety senior college consolidated UAL and senior college remainder of BSL: shall mean all of the installments of contribution and contributions referred to in subdivisions 8-i to 8-n, inclusive, of this section which are required to be paid by the city and the state during the applicable twenty-year amortization period pursuant to section sixty-two hundred thirty-one of this article and the applicable provisions of subdivision bb of section 13-638. See N.Y. Penal Law 260.05
• Contributor: shall mean any member of the retirement system who has an account in the annuity savings fund as provided by this article. See N.Y. New York City Administrative Code 27-2117
• Controlling person: means any person who by reason of a direct or indirect ownership interest, whether of record or beneficial, has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of said corporation, partnership or other entity. See N.Y. Public Health Law 4651*2
• conveyance: as used in this article , includes every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. See N.Y. New York City Administrative Code 18-125
• conveyance: includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. See N.Y. New York City Administrative Code 19-303
• core documents: shall mean those public documents for which library users have the most significant and frequent need. See N.Y. Vehicle & Traffic Law 404-U*3
• Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 580-307
• Corporation: means the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 580-507
• Corporation: means and includes all mutual savings banks, mutual savings and loan associations, mutual holding companies and credit unions. See N.Y. New York City Administrative Code 20-362
• Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 656
• Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 661
• 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. New York City Administrative Code 27-728
• corporation: means an insurer licensed to transact the business of financial guaranty insurance in this state. See N.Y. Real Property Tax Law 987
• Corporation: shall mean the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
• Corporation: means the New York state environmental facilities corporation. See N.Y. New York City Administrative Code 20-331
• Corporation: shall mean the New York state higher education services corporation. See N.Y. Penal Law 70.02
• Corporation: shall mean any corporation (other than a public corporation as defined in paragraph (b) of this subdivision), joint stock company, association of two or more individuals, committee, partnership, investment company (as defined by, and which is registered under, an act of Congress of the United States entitled the "Investment Company Act of 1940" as amended), unit investment trust or business trust, whether or not for profit. See N.Y. Penal Law 240.60
• Corporation: shall include any joint stock company, corporation, association of two or more individuals, committee, public authority, or business trust. See N.Y. Penal Law 240.70
• costs of the improvement and rehabilitation program: when used in this article, shall include the interest and principal payments on any obligations incurred for such purpose;

  (C) The amount of working cash which such corporation is entitled to have as a minimum throughout its existence as a railroad redevelopment corporation; and an estimate of the amount of funds, if any, of such corporation which, upon its qualification as a railroad redevelopment corporation, and after provision for such amount of working cash and for the payment of such obligations of the debtor or of its trustee or trustees as shall be specified in the certificate, will be available to pay the costs of such improvement and rehabilitation program, or if there be a deficiency in such funds, an estimate of the amount thereof;

  (D) The amount of funds which will be made available to such corporation by its stockholders and the additional amount estimated to become available from other private investors in order to pay the costs of such improvement and rehabilitation program;

  (E) The amount of funds which such corporation will require from its operating revenues and other income in each year of its existence as a railroad redevelopment corporation in order to pay the costs of such improvement and rehabilitation program, which yearly amounts shall be prorated for any other period;

  (F) The limitations, during the period of its existence as a railroad redevelopment corporation, upon the payment of interest or principal on the bonds or other indebtedness of such corporation consented to by the bondholders or other creditors affected thereby and the limitations, during such period, upon the payment of dividends on the capital stock of such corporation, which are necessary and reasonable to carry out the policy and purposes of section three hundred;

  (G) The passenger fares and charges (and the classifications, regulations, and practices pertaining thereto) of such corporation reasonably required when it qualifies as a railroad redevelopment corporation in order to enable it to have sufficient operating revenues and other income to provide for items (1) through (9) enumerated in section three hundred six; and

  (H) Provisions that such corporation shall:

  (1) apply, as soon as practicable,

  (a) the amounts by which its operating revenues and other income during the period of its existence as a railroad redevelopment corporation shall exceed the sums required during such period to provide for items (1) through (8) enumerated in section three hundred six, plus or minus, as the case may be,

  (b) the amount of available funds, or of the deficiency therein, determined pursuant to paragraph (C) of subdivision two, plus

  (c) the amounts received by such corporation from the sources specified in paragraph (D) of subdivision two,

  only to maintain the amount of working cash determined pursuant to paragraph (C) of subdivision two and to the payment of the costs of such improvement and rehabilitation program; and if the aggregate of said items (a), (b) and (c) shall be more than sufficient for that purpose, to the payment of the costs of such further additions and betterments of such corporation's facilities as it may be permitted or directed to make by order of the commissioner of transportation;

  (2) upon the termination of its existence as a railroad redevelopment corporation, set aside any of the foregoing amounts not so applied during such period in a separate fund to be used only for such purposes; and

  (3) in the event it shall sell any of its capital assets, apply, subject to the provisions of any mortgage or deed of trust covering such property, the proceeds thereof received during the period of its existence as a railroad redevelopment corporation, at its option, either to the payment of the costs of such improvement and rehabilitation program or of other additions or betterments of its facilities. See N.Y. New York City Administrative Code 17-168.1

• Council: means the New York invasive species council established by section 9-1705 of this title. See N.Y. New York City Administrative Code 11-659
• Council: means the New York state council on graduate medical education. See N.Y. Family Court Law 834
• Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this article. See N.Y. New York City Administrative Code 10-203
• Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter. See N.Y. New York City Administrative Code 10-604
• Countable income: shall mean all of a person's income, in cash or in kind, both earned and unearned, which is not excluded by federal law or regulations or by regulations of the department in determining the need of an individual for supplemental security income benefits or additional state payments, including the income of an individual's eligible spouse, and, if the individual is a child, certain income of such individual's parent or parents with whom he resides. See N.Y. Social Services Law 208
• Countable resources: shall mean cash or other liquid assets or any real or personal property that an individual or couple owns and could convert to cash to be used for his or their support and maintenance, which is not excluded by federal law or regulations or by regulations of the department in the determination of the need of an individual for supplemental security income benefits or additional state payments. See N.Y. Social Services Law 208
• Counterfeit: means a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such manner that it appears or is claimed to have an authorship which it does not in fact possess. See N.Y. New York City Administrative Code 27-523
• county: shall mean any county in this state, except a county wholly within a city. See N.Y. Tax Law 1215
• Court: includes , where appropriate, a judge authorized to act as described in a particular statute, though not as a court. See N.Y. New York City Administrative Code 27-574
• Covered fleet: means ten or more motor vehicles which are owned or operated by a single person in an area designated as being a severe ozone non-attainment area by the administrator pursuant to Title I of the Act. See N.Y. New York City Administrative Code 17-704.1
• Covered institution employee: shall mean any employee, agent, contractor, director, officer or trustee of a covered institution. See N.Y. Penal Law 60.21
• Covered policy: means any of the kinds of insurance specified in paragraph one, two or three of subsection (a) of section one thousand one hundred thirteen of this chapter, any supplemental contract, or any funding agreement referred to in section three thousand two hundred twenty-two of this chapter, or any portion or part thereof, within the scope of this article under section seven thousand seven hundred three of this article, except that any certificate issued to an individual under any group policy or contract shall be considered to be a separate covered policy for purposes of section seven thousand seven hundred eight of this article. See N.Y. Retirement & Social Security Law 19-A
• CPA: means any person who has received a license from the department or any other state as a certified public accountant for the practice of public accountancy. See N.Y. Tax Law 1210-A
• Craft: means a functional or non-functional work individually designed, and crafted by hand, in any medium including but not limited to textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided, however, that if produced in multiples, craft shall not include works mass produced or produced in other than a limited edition. See N.Y. New York City Administrative Code 27-523
• Credit default swap: means an agreement referencing the credit derivative definitions published from time to time by the International Swap and Derivatives Association, Inc. See N.Y. Real Property Tax Law 987
• Creditors: means "creditor" as defined in subdivision twelve of section 1-201 of the uniform commerical code. See N.Y. New York City Administrative Code 27-523
• cremains: means ashes and other residue recovered after the completion of cremation, which may include residue of foreign matter that may have been cremated with the human remains. See N.Y. Vehicle & Traffic Law 1130
• cremation: means the technical process, using heat and flame, that reduces human remains to ashes and other residue. See N.Y. Vehicle & Traffic Law 1130
• cremation authorization: means the crematory form authorizing a cremation which is signed by the next of kin or authorizing agent. See N.Y. Vehicle & Traffic Law 1130
• cremation permit: means the burial and removal permit required pursuant to section forty-one hundred forty-five of the public health law that is annotated for disposition of the remains of a deceased human being by cremation. See N.Y. Vehicle & Traffic Law 1130
• crematory: means a facility or portion of a building in which the remains of deceased human beings are processed by cremation. See N.Y. Vehicle & Traffic Law 1130
• Criminal history information: shall mean a record of pending criminal charges, criminal convictions which have not been vacated or reversed, information from the federal bureau of investigation as a result of a national criminal history record check, and certificates filed pursuant to subdivision two of section seven hundred five of the correction law and which the division of criminal justice services is required to maintain pursuant to subdivision six of section eight hundred thirty-seven of the executive law. See N.Y. New York City Administrative Code 7-203
• Critical infrastructure: means systems, assets, places or things, whether physical or virtual, so vital to the state that the disruption, incapacitation or destruction of such systems, assets, places or things could jeopardize the health, safety, welfare or security of the state, its residents or its economy. See N.Y. New York City Administrative Code 11-1618
• Critically ill or injured: means at high risk of dying from illnesses or injuries. See N.Y. New York City Administrative Code 8-907
• crop seeds: include the seeds of grass, forage, cereal, field beans, and fiber crops, including "industrial hemp" as defined in section five hundred five of this chapter, or any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of such seeds. See N.Y. Tax Law 1202-E
• Custom slaughtered meat: means meat from animals which have been slaughtered by a custom slaughterer for the owner exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees. See N.Y. Public Authorities Law 1835-D
• Custom slaughterer: means a person, firm, corporation or association who or which operates a place or establishment where animals are delivered by the owner thereof for slaughter exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees, provided, that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat products of any animal. See N.Y. Public Authorities Law 1835-D
• Customer: shall include : every purchaser of tangible personal property or services; every patron paying or liable for the payment of any amusement charge; and every occupant of a room or rooms in a hotel. See N.Y. Tax Law 1131
• Customer: shall include any individual or corporation entering into a contract with a broker or dealer by which such broker or dealer agrees to effect the purchase, sale, or exchange, or to keep custody of any security for or on behalf of such individual or corporation. See N.Y. Penal Law 240.70
• Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, including feed mixed from components supplied by the purchaser. See N.Y. Tax Law 1202-AA*3
• dairy product: means all milk and milk products defined by the definitions and standards of identity promulgated pursuant to section forty-six-a of this chapter and such other food products derived from milk as the commissioner shall designate by regulation. See N.Y. Penal Law 496.07
• Dangerous dog: means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. See N.Y. Public Authorities Law 2422
• day services: shall mean care and treatment for part of the day of one or more children under eighteen years of age and their families in a program which provides to such children and families in accordance with their needs various services such as psychiatric, psychological, social casework, educational, vocational, health, transportation and such other services as may be appropriate. See N.Y. Social Services Law 430
• Dealer: means a person engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers, other than mobile homes or manufactured homes, at retail or wholesale; except, however, trailers with an unladen weight of less than one thousand pounds. See N.Y. Vehicle & Traffic Law 415
• Dealer: means every person, firm or corporation who engages in the sale of beverages in beverage containers to a consumer for off premises consumption in this state. See N.Y. New York City Administrative Code 20-320
• Dealer: when used in this chapter shall mean an individual or unincorporated entity that (A) holds or disposes of property that is stock in trade of the taxpayer, inventory or is otherwise held for sale to customers in the ordinary course of the taxpayer's trade or business, or (B) regularly offers to enter into, assume, offset, assign or otherwise terminate positions in property with customers in the ordinary course of the taxpayer's trade or business, provided, however, an individual or unincorporated entity shall not be treated as a dealer based solely on such individual's or entity's ownership of an interest in an entity that is a dealer, and provided, further, that an unincorporated entity shall not be treated as a dealer based solely on the ownership by a dealer of an interest in that unincorporated entity. See N.Y. New York City Administrative Code 11-501
• Dealer: means a person registered as a dealer under section four hundred fifteen or twenty-two hundred fifty-seven of this chapter. See N.Y. Vehicle & Traffic Law 2101
• Dealer: shall include any individual or corporation engaging in any state as a regular business in the purchase, sale or exchange of securities for his or its own account, through a broker or otherwise. See N.Y. Penal Law 240.70
• Dealer in firearms: means any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing

  of, any assault weapon, large capacity ammunition feeding device, pistol or revolver. See N.Y. Penal Law 265.00

• Decharacterization: means the uniform application of sufficient quantities of dye, charcoal, malodorous fish oil, acid, or any other agent approved by the commissioner upon and into the freely slashed flesh of meat or meat product not being rendered so as to unequivocally preclude its use for human food. See N.Y. Public Authorities Law 1837-C
• Decision-making capacity: means the ability to understand and appreciate the nature and consequences of proposed health care, including the benefits and risks of and alternatives to proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-626
• Decisions regarding hospice care: means the decision to enroll or disenroll in hospice, and consent to the hospice plan of care and modifications to that plan. See N.Y. New York City Administrative Code 7-626
• Declaration: means the instrument by which the property is submitted to the provisions of this article, as hereinafter provided, and such instrument as from time to time amended, consistent with the provisions of this article and of the by-laws. See N.Y. New York City Administrative Code 20-103
• deer: means any member of the family of cervidae. See N.Y. Public Authorities Law 1824
• default: means any non-compliance for thirty days or more by the obligor with any provision of a bond or of a trust indenture, whether or not under the terms of such bond or such trust indenture such non-compliance is regarded as a default, and whether or not any period of grace or other period prescribed in such bond or such trust indenture as a prerequisite for taking any action has expired. See N.Y. Vehicle & Traffic Law 2105
• Default: means an adjudication or other official determination of a court of competent jurisdiction or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed for an insured institution for the purpose of liquidation. See N.Y. New York City Administrative Code 19-112
• Deferral area: means an area in which deferral of payment of real property taxes in accordance with subdivision four of section four hundred eighty-nine-bbbb of this title shall be available to a recipient who has performed commercial construction work. See N.Y. Real Property Tax Law 489-AAAA
• delinquent tax: include any unpaid tax or other charge against lands owned by the state. See N.Y. Real Property Tax Law 1102
• Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See N.Y. Uniform Commercial Code 7-102
• Delivery system: means :

  (a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

  (b) any vector. See N.Y. Penal Law 490.05

• Department: means the labor department. See N.Y. Tax Law 627-C
• Department: means the department of agriculture and markets. See N.Y. Public Authorities Law 1835-D
• Department: means the department of labor. See N.Y. Tax Law 1262-K
• Department: means the department of labor. See N.Y. Tax Law 1262-P
• department: means the state office of temporary and disability assistance. See N.Y. Social Services Law 330
• Department: means the department of agriculture and markets. See N.Y. Tax Law 1202-AA*3
• Department: means the department of environmental conservation. See N.Y. New York City Administrative Code 19-186
• Department: means the department of state. See N.Y. New York City Administrative Code 21-134
• Department: shall mean the department of health. See N.Y. Family Court Law 781
• Department: means the department of environmental conservation. See N.Y. New York City Administrative Code 20-320
• Department: means the department of parks and recreation. See N.Y. New York City Administrative Code 18-101
• Department: shall mean such office or agency as the mayor shall designate pursuant to section 20-a of the charter. See N.Y. New York City Administrative Code 20-912
• Department: means the department of finance of a city that has enacted a local law pursuant to this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Department: means the state department of public service. See N.Y. New York City Administrative Code 13-114
• Department: shall mean the New York city department of small business services. See N.Y. New York City Administrative Code 22-251
• Department of finance: means the department of finance of the city;

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

• Department of finance: when used in this chapter shall mean the department of finance of the city. See N.Y. New York City Administrative Code 11-501
• Department of finance: shall mean the department of finance of a city having a population of one million or more persons. See N.Y. Real Property Tax Law 499-AAA
• Department of finance: shall mean the department of finance of a city having a population of one million or more persons. See N.Y. Real Property Tax Law 499-AAAA
• Deposit agreement: shall include any agreement, assignment, proxy, consent, authorization, power of attorney or other similar instrument whereby a mortgage investment is deposited with or assigned to a committee. See N.Y. New York City Administrative Code 17-1003
• Depositary: shall mean and include any person, firm, association or corporation designated in any trust indenture, deed of trust, or deposit agreement as the custodian or depositary of mortgage investments. See N.Y. New York City Administrative Code 17-1003
• Depositary bank: means the first bank to which an item is transferred for collection even though it is also the payor bank;

  (b) "Payor bank" means a bank by which an item is payable as drawn or accepted;

  (c) "Intermediary bank" means any bank to which an item is transferred in course of collection except the depositary or payor bank;

  (d) "Collecting bank" means any bank handling the item for collection except the payor bank;

  (e) "Presenting bank" means any bank presenting an item except a payor bank;

  (f) "Remitting bank" means any payor or intermediary bank remitting for an item. See N.Y. Uniform Commercial Code 4-105

• Designated agency: shall mean one or more agencies or departments of a city having a population of one million or more persons that are designated by the mayor of such city to exercise the functions, powers and duties of a designated agency pursuant to this title. See N.Y. Real Property Tax Law 499-AAA
• Designated agency: shall mean one or more agencies or departments of a city having a population of one million or more persons that are designated by the mayor of such city to exercise the functions, powers and duties of a designated agency pursuant to this title. See N.Y. Real Property Tax Law 499-AAAA
• Designated beneficiary: shall mean , with respect to an account or accounts, the designated individual or individuals whose first home purchase expenses are expected to be paid from the account or accounts. See N.Y. Family Court Law 713
• Designated beneficiary: shall mean , with respect to an account or accounts, the individual designated as the individual whose higher education expenses are expected to be paid from the account or accounts. See N.Y. Penal Law 70.02
• Designated class A felony act: means a designated felony act defined in paragraph (i) of subdivision eight. See N.Y. Family Court Law 301.2
• Designated crime: means any crime included within the definition of a "designated offense" in subdivision eight of section 700. See N.Y. New York City Administrative Code 27-701
• Designated educational official: shall mean (a) an employee or representative of a school district who is designated by the school district or (b) an employee or representative of a charter school or private elementary or secondary school who is designated by such school to receive records pursuant to this article and to coordinate the student's participation in programs which may exist in the school district or community, including: non-violent conflict resolution programs, peer mediation programs and youth courts, extended day programs and other school violence prevention and intervention programs

  which may exist in the school district or community. See N.Y. Family Court Law 301.2

• Designated felony act: means an act which, if done by an adult, would be a crime: (i) defined in sections 125. See N.Y. Family Court Law 301.2
• Designated offense: means any one or more of the following crimes:

  (a) A conspiracy to commit any offense enumerated in the following paragraphs of this subdivision, or an attempt to commit any felony enumerated in the following paragraphs of this subdivision which attempt would itself constitute a felony;

  (b) Any of the following felonies: assault in the second degree as defined in section 120. See N.Y. New York City Administrative Code 27-687

• Detection dog: means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. See N.Y. Public Authorities Law 2422
• Detention: means the temporary care and maintenance of children away from their own homes, as defined in section five hundred two of the executive law. See N.Y. Family Court Law 301.2
• Detention: means the temporary care and maintenance of youth held:

  1. See N.Y. New York City Administrative Code 21-901

• Detention facility: means a facility, certified by the New York state office of children and family services, for the care of youth detained in accordance with the provisions of the family court act, regulations of the New York state office of children and family services, and the criminal procedure law. See N.Y. New York City Administrative Code 21-901
• Deteriorated subsurface: shall mean an unstable or unsound painted subsurface, an indication of which can be observed through a visual inspection, including, but not limited to, rotted or decayed wood, or wood or plaster that has been subject to moisture or disturbance. See N.Y. New York City Administrative Code 27-2056.2
• Determination: shall mean the decision made by the department after reviewing criminal history information to approve or disapprove a prospective employee's eligibility for employment by a provider. See N.Y. New York City Administrative Code 7-203
• Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-501
• Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-626
• diesel motor fuel: means diesel motor fuel as defined in subdivision fourteen of section two hundred eighty-two of this chapter. See N.Y. Tax Law 1101
• Digital network: means any system or service offered or utilized by a transportation network company that enables TNC prearranged trips with transportation network company drivers. See N.Y. Vehicle & Traffic Law 1691
• Digitized paper document: means a digitized image of a paper document that accurately depicts the information on the paper document in a format that cannot be altered without detection. See N.Y. New York City Administrative Code 19-303
• 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
• direction and supervision: means continuous direction and supervision, but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed. See N.Y. Family Court Law 580-607
• director: as used in this article includes any of the persons having, by law, the direction or management of the affairs of a corporation, by whatever name described. See N.Y. New York City Administrative Code 20-355
• Director: means any member of the governing board of a corporation, whether designated as director, trustee, manager, governor or by any other title; the term "board" means "board of directors. See N.Y. New York City Administrative Code 20-362
• 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 of mental retardation and 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. New York City Administrative Code 27-740
• disabled: shall mean a person having a disability as so defined in section two hundred ninety-two of the executive law. See N.Y. Social Services Law 326-B
• disabled person: shall mean a person who is unable to engage in any substantial gainful activities by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months; or who, in the case of a child under the age of eighteen, suffers from any medically determinable physical or mental impairment of comparable severity. See N.Y. Social Services Law 208
• Disaster preparedness: means the state of readiness necessary to respond to natural or man-made disasters, including but not limited to biologic, nuclear, incendiary, chemical, and explosive disasters. See N.Y. New York City Administrative Code 8-907
• Discharge: shall mean a patient's exit or release from a hospital to the patient's residence following an inpatient admission. See N.Y. New York City Administrative Code 8-116
• Disclosure statement: means a written statement submitted initially and/or amended annually containing such information as the commissioner by regulation may require on forms to be prescribed by the commissioner. See N.Y. Family Court Law 1039-B
• Disguised gun: means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun. See N.Y. Penal Law 265.00
• Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-275
• Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-297.7
• Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-331
• Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-351
• Disposal plant: means the premises or place where bodies, carcasses or portions thereof of dead, dying, diseased, disabled or condemned animals or inedible meat are received and held for the purpose of burning, processing or rendering or otherwise obtaining the hides, skins, grease or meat therefrom in any manner whatsoever. See N.Y. Public Authorities Law 1837-C
• dispose of: means to sell, convey, exchange, mortgage, release or lease. See N.Y. New York City Administrative Code 24-902
• Dispose of: means to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of. See N.Y. Penal Law 265.00
• 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. New York City Administrative Code 27-685
• dispositional hearing: means a hearing to determine what order of disposition should be made in accordance with the best interests of the child. See N.Y. Family Court Law 623
• Dispositional hearing: means a hearing to determine whether the respondent requires supervision, treatment or confinement. See N.Y. Family Court Law 301.2
• dispositional hearing: means in the case of a petition under this article a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 833
• dispositional hearing: means a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 1045
• Distribute: means to offer for sale, sell, exchange, or barter commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder. See N.Y. Tax Law 1202-AA*3
• distribute: means to offer for sale, sell, barter, exchange or otherwise supply commercial fertilizers. See N.Y. Tax Law 1202-L*4
• Distribution: means the transfer of property by a limited partnership to one or more of its partners in his capacity as a partner. See N.Y. Vehicle & Traffic Law 1274
• Distributor: means any person who distributes. See N.Y. Tax Law 1202-AA*3
• Distributor: means any person, firm or corporation which engages in the sale or offer for sale of beverages in beverage containers to a dealer. See N.Y. New York City Administrative Code 20-320
• distributor: means any person who distributes and includes, but is not limited to, manufacturing plants, blending plants and bulk storage facilities. See N.Y. Tax Law 1202-L*4
• Distributor: means any person who primarily offers, sells or distributes new motor vehicles to franchised motor vehicle dealers or maintains distributor representatives within the state. See N.Y. Vehicle & Traffic Law 462
• Distributor branch: means a branch office maintained by a distributor which offers, sells or distributes new motor vehicles to franchised motor vehicle dealers in this state. See N.Y. Vehicle & Traffic Law 462
• District: means a county soil and water conservation district created pursuant to section five of the soil and water conservation districts law. See N.Y. New York City Administrative Code 17-335
• district superintendent: shall mean the chief administrative officer of a supervisory district as defined in article forty-five of this chapter. See N.Y. Penal Law 160.10
• Division: shall mean the state division of housing and community renewal. See N.Y. Family Court Law 580-208
• Division: shall mean the division of housing and community renewal. See N.Y. Family Court Law 580-307
• Division: shall mean the state division of housing and community renewal. See N.Y. Family Court Law 580-312
• Division: shall mean the division of housing and community renewal. See N.Y. Family Court Law 651
• Division urban initiatives program: shall mean the program heretofore administered by the division pursuant to appropriations and reappropriations for the purposes of urban initiatives programs. See N.Y. Family Court Law 580-307
• DNA: means deoxyribonucleic acid. See N.Y. New York City Administrative Code 9-101
• Dog: means any member of the species canis familiaris. See N.Y. Public Authorities Law 2422
• Dog control officer: means any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article. See N.Y. Public Authorities Law 2422
• Domestic animal: means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. See N.Y. Public Authorities Law 2422
• Domestic corporation: means a corporation organized under the laws of the state; and

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

• Domestic corporation: shall mean any corporation organized under the laws of this state or under the laws of this state and one or more other states or foreign countries, but shall not mean a banking organization as defined in this chapter. See N.Y. Penal Law 240.60
• Domestic partner: means a person who, with respect to another person:

  (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or

  (b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or

  (c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons. See N.Y. New York City Administrative Code 7-501

• Domestic partner: means a person who, with respect to another person:

  (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or

  (b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or

  (c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons. See N.Y. New York City Administrative Code 7-626

• Domestic worker: shall mean any "domestic worker" as defined in section 2(16) of the labor law who is employed for hire within the city of New York for more than eighty hours in a calendar year who performs work on a full-time or part-time basis. See N.Y. New York City Administrative Code 20-912
• Donor: means the person who grants or transfers property to an institution pursuant to a gift instrument, or a person designated in the applicable gift instrument to act in the place of the donor, but does not otherwise include the person's executors, heirs, successors, assigns, transferees, or distributees. See N.Y. Vehicle & Traffic Law 426
• Door-to-door sale: shall mean a sale, lease or rental of consumer goods or services in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. See N.Y. Vehicle & Traffic Law 2286
• Dormitory facilities revenue fund: means the fund established pursuant to section sixteen hundred eighty-q of the public authorities law. See N.Y. New York City Administrative Code 27-2007
• Dormitory facilities revenues: means all moneys, including rents, fees and charges, derived from the use or occupancy of dormitory facilities. See N.Y. New York City Administrative Code 27-2007
• Dormitory facility: means a dormitory, as such term is defined in paragraph (a) of subdivision two of section sixteen hundred seventy-six of the public authorities law. See N.Y. New York City Administrative Code 27-2007
• Downgrade: shall mean a change in service initiated by the subscriber to a less expensive service tier than the one currently subscribed to. See N.Y. New York City Administrative Code 13-154
• Drinking water contamination site: means any area or site that is causing or substantially contributing to the contamination of one or more public drinking water supplies. See N.Y. New York City Administrative Code 20-345
• Drinking water response account: means the account established pursuant to subdivision one of section ninety-seven-b of the state finance law. See N.Y. New York City Administrative Code 20-345
• Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. See N.Y. Tax Law 1202-AA*3
• dwelling: shall mean any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other; or is a garden-type maisonette dwelling project as defined in the multiple dwelling law or other similar dwellings which in their aggregate are arranged or designed to provide three or more apartments, have common facilities such as but not limited to a sewer line, water main, or heating plant and are operated as a unit under common ownership, notwithstanding that certificates of occupancy were issued for portions thereof as one or two family dwellings or that the dwellings are not a multiple dwelling as defined in the multiple dwelling law. See N.Y. New York City Administrative Code 22-265
• dwelling unit: has the meaning ascribed to such term in the housing maintenance code. See N.Y. New York City Administrative Code 26-1201
• e-cigarette: means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device. See N.Y. Family Court Law 1024
• ear tag: means a unique, tamper-resistant device which, when affixed to the ears of cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Public Authorities Law 1824
• Early childhood services: shall mean services which include, but are not limited to, registered, certified or licensed care in family day care homes, group family day care homes, school-age child care programs; head start programs, day care centers; child care which may be provided without a permit, certificate or registration in accordance with this statute;

  early childhood education programs approved by the state education department; and care provided in a children's camp as defined in section one thousand four hundred of the public health law;

  4. See N.Y. Social Services Law 410-P

• Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in section 250. See N.Y. New York City Administrative Code 27-687
• Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. New York City Administrative Code 27-687
• Ecosystem: means the complex of a community of organisms and its environment. See N.Y. New York City Administrative Code 11-659
• education department optional retirement program: means the retirement program established pursuant to part V of this article. See N.Y. New York City Administrative Code 27-765
• Education loan: shall mean any loan that is made under this program to finance or refinance higher education expenses at an eligible college. See N.Y. New York City Administrative Code 27-902
• educational facilities: shall mean land and the improvements thereon for use in connection with any educational activity to be undertaken or provided by the city board or any community council or any facility attendant thereto or any facility necessary, useful or desirable in connection with such activity. See N.Y. Penal Law 178.25
• Educational loan: shall mean any loan that is made, insured, or guaranteed under Part B of Title IV of the Federal Higher Education Act of nineteen hundred sixty-five, as amended, any high risk loan or any private loan issued by a lending institution for the purposes of paying for or financing higher education expenses. See N.Y. Penal Law 60.21
• Effective date: means , in the case of the reorganization of a mutual life insurer, the date upon which the reorganization of the mutual life insurer shall be effective in accordance with section eight thousand nine of this article as a result of reorganization proceedings pursuant to this article. See N.Y. Retirement & Social Security Law 73
• Efficient barricade: means natural features of the ground, a dense woods, an artificial mound or a properly revetted wall of earth not less than three feet thick at the top, spaced at least three feet at the bottom from any explosives factory or magazine, the height of which is such that any straight line drawn from the top of any side wall of the explosives factory or magazine to the top of a building or to a point twelve feet above the center of a railroad or highway to be protected will pass through such intervening barricade. See N.Y. Tax Law 601
• electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. Penal Law 265.10
• electing employee: means any eligible employee who exercises his election pursuant to this part V of this article to participate in the education department optional retirement program. See N.Y. New York City Administrative Code 27-765
• Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. New York City Administrative Code 19-303
• Electronic arraignment: means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system. See N.Y. New York City Administrative Code 27-354
• Electronic dart gun: means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile. See N.Y. Penal Law 265.00
• 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. See N.Y. New York City Administrative Code 19-303
• Electronic stun gun: means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person. See N.Y. Penal Law 265.00
• Eligible applicant: shall mean a not-for-profit corporation or charitable organization, organized for a period of one or more years, which is either incorporated under the not-for-profit corporation law (or such law together with any other applicable law) or, if unincorporated, is not organized for the private profit or benefit of its members and has been engaged primarily in community preservation activities. See N.Y. Family Court Law 580-307
• Eligible applicant: shall mean a not-for-profit corporation or charitable organization which operates single room occupancy units qualifying as an eligible project. See N.Y. Social Services Law 45
• Eligible applicant: shall mean a city, town, village or not-for-profit corporation in existence for a period of one or more years prior to application, which is, or will be at the time of award, incorporated under the not-for-profit corporation law and has substantial experience in adapting or retrofitting homes for persons with disabilities. See N.Y. Family Court Law 656
• Eligible applicant: shall mean a unit of local government or not-for-profit corporation in existence for a period of one or more years prior to application, which is, or will be at the time of award, incorporated under the not-for-profit corporation law and has been engaged primarily in community development activities. See N.Y. Family Court Law 661
• Eligible building: shall mean a class one, class two or class four real property, as defined in subdivision one of section eighteen hundred two of this chapter, located within a city having a population of one million or more persons. See N.Y. Real Property Tax Law 499-AAA
• Eligible building: shall mean a class one, class two or class four real property, as defined in subdivision one of section eighteen hundred two of this chapter, located within a city having a population of one million or more persons. See N.Y. Real Property Tax Law 499-AAAA
• Eligible business facility: shall mean any type of business facility to be used or occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state, and includes, but is not limited to, industrial or manufacturing plants, facilities for research and development purposes, facilities for conducting wholesale, receiving and distributing operations, facilities for conducting office operations, warehousing operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. See N.Y. Public Authorities Law 1801
• Eligible co-signer: shall mean a parent, legal guardian or otherwise credit worthy individual over twenty-one years of age who satisfies applicable credit criteria approved by the corporation and is a resident of New York state. See N.Y. New York City Administrative Code 27-902
• Eligible college: shall mean a post-secondary institution, located within New York state, eligible for funds under Title IV of the Higher Education Act of nineteen hundred sixty-five, as amended, or successor statute offering a two-year, four-year, graduate or professional degree granting or certificate program. See N.Y. New York City Administrative Code 27-902
• eligible couple: shall mean an eligible individual and his or her aged, blind or disabled spouse, who are living together or who are living apart but have been living apart for less than six months. See N.Y. Social Services Law 208
• Eligible customer: means any person who:

  (a) holds legal title to a one, two, three, or four family home constructed prior to January first, nineteen hundred eighty which receives electric or gas service from a utility other than a person who is the original contractor or builder of any such home unless he lives in such home, or

  (b) is in rightful possession under a lawful lease of a one, two, three, or four family home constructed prior to January first, nineteen hundred eighty who (i) receives at such home and pays for electric or gas services, from a utility, (ii) has the written permission of the holder of legal title to such home to enter into a financing contract and security agreement pursuant to this article, and has the consent of such holder for the financing utility to obtain a security interest in and lien upon the premises, (iii) if the financing utility so requests, provides security of a type and in an amount approved by the commission, and (iv) does not present an undue credit risk as determined in accordance with rules and regulations promulgated for this purpose by the commission. See N.Y. New York City Administrative Code 12-316

• Eligible educational institution: shall mean any institution of higher education defined as an eligible educational institution in section 529(e)(5) of the Internal Revenue Code of 1986, as amended. See N.Y. Penal Law 70.02
• eligible employee: means each employee of the education department who occupies a position which is designated by the commissioner as requiring the rendering of professional services within the field of supervision of higher education, and who, at the time of his initial employment with the department or within one year prior thereto, owns or owned a contract which may legally be continued pursuant to this part. See N.Y. New York City Administrative Code 27-765
• eligible employees: means members of the instructional staffs of the colleges administered by the board of higher education in the city of New York pursuant to the provisions of article one hundred twenty-five of the education law, who are employed in the following titles: president, dean, director, professor, associate professor, assistant professor, instructor, tutor, fellow, lecturer, librarian, associate librarian, assistant librarian, library assistant, registrar, assistant registrar, registrar's assistant, principal, first assistant, supervisor, assistant teacher, critic teacher, teacher, college science assistant, college science technician, college engineering technician, and any other members of the instructional staffs of such colleges as defined in section sixty-two hundred six, subdivision 1b of the education law, and such other titles as the board in its discretion may add thereto, by reason of their close relationship to the educational purposes required to carry on the functions of the city university. See N.Y. Penal Law 265.10
• Eligible governmental entity: shall mean the Lake George park commission or a county enforcing the provisions of this chapter and having an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or boating noise level enforcement program approved by the commissioner. See N.Y. Vehicle & Traffic Law 391
• eligible individual: shall mean a person who is eligible to receive additional state payments pursuant to section two hundred nine of this title. See N.Y. Social Services Law 208
• eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility. See N.Y. Family Court Law 1054
• Eligible project: means a housing project located in a rural area which is to be owned or operated by an eligible sponsor and which has received (or which the sponsor has demonstrated to the satisfaction of the commissioner will receive) federal assistance. See N.Y. Family Court Law 580-502
• Eligible project: shall mean those single room occupancy units occupied by eligible residents, within a building or portion thereof which is operated by an eligible applicant. See N.Y. Social Services Law 45
• Eligible resident: shall mean a person residing in a single room occupancy unit who is in need of services to live independently. See N.Y. Social Services Law 45
• Eligible solar electric generating system expenditures: shall mean reasonable expenditures for materials, labor costs properly allocable to on-site preparation, assembly and original installation, architectural and engineering services, and designs and plans directly related to the construction or installation of a solar electric generating system installed in connection with an eligible building. See N.Y. Real Property Tax Law 499-AAAA
• Eligible youth: means a youth who is eligible to be found a youthful offender. See N.Y. New York City Administrative Code 27-722
• Emancipated minor patient: means a minor patient who is the parent of a child, or who is sixteen years of age or older and living independently from his or her parents or guardian. See N.Y. New York City Administrative Code 7-626
• 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
• Emergency medical care: means the initial management, treatment, and transfer of suddenly ill or injured patients. See N.Y. New York City Administrative Code 8-907
• Emergency medical service: means initial emergency medical assistance including, but not limited to, the treatment of trauma, burns, respiratory, circulatory and obstetrical emergencies. See N.Y. New York City Administrative Code 8-205
• Emergency medical technician: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons. See N.Y. New York City Administrative Code 8-205
• emergency operation: shall include returning from emergency service. See N.Y. Vehicle & Traffic Law 501-A
• Emission: means the release of acid deposition precursors into the atmosphere from any facility or stationary source. See N.Y. New York City Administrative Code 19-108
• emission reduction credit: means the actual decrease in emissions of a regulated air contaminant in tons per year. See N.Y. New York City Administrative Code 17-704.1
• Empire state plaza: shall mean the Governor Nelson A. See N.Y. New York City Administrative Code 27-509
• Employee: includes any individual employed or permitted to work by an employer on a farm but shall not include: (a) domestic service in the home of the employer; (b) the parent, spouse, child or other member of the employer's immediate family; (c) a minor under seventeen years of age employed as a hand harvest worker on the same farm as his parent or guardian and who is paid on a piece-rate basis at the same piece rate as employees seventeen years of age or over; (d) an individual employed or permitted to work for a federal, state, or a municipal government or political subdivision thereof; or (e) an individual to whom the provisions of article nineteen of this chapter are applicable. See N.Y. Tax Law 635
• Employee: means an individual employed by an employer. See N.Y. Tax Law 977
• Employee: shall mean any "employee" as defined in section 190(2) of the labor law who is employed for hire within the city of New York for more than eighty hours in a calendar year who performs work on a full-time or part-time basis, including work performed in a transitional jobs program pursuant to section 336-f of the social services law, but not including work performed as a participant in a work experience program pursuant to section 336-c of the social services law, and not including those who are employed by (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city of New York or any local government, municipality or county or any entity governed by general municipal law section 92 or county law section 207. See N.Y. New York City Administrative Code 20-912
• Employee: means any person employed for hire by an employer in any employment. See N.Y. Social Services Law 409-F
• Employee: shall mean any person to be employed or used by a provider, including those persons employed by a temporary employment agency, to provide direct care or supervision to patients or residents. See N.Y. New York City Administrative Code 7-203
• employee: includes , but is not limited, to, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and to the transportation and delivery of fossil fuel but does not include clerical, sales, professional, technician and related occupations. See N.Y. Social Services Law 461-A
• Employee: includes any individual employed or permitted to work by an employer in any occupation, but shall not include any individual who is employed or permitted to work: (a) on a casual basis in service as a part time baby sitter in the home of the employer; (b) in labor on a farm; (c) in a bona fide executive, administrative, or professional capacity; (d) as an outside salesman; (e) as a driver engaged in operating a taxicab; (f) as a volunteer, learner or apprentice by a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (g) as a member of a religious order, or as a duly ordained, commissioned or licensed minister, priest or rabbi, or as a sexton, or as a christian science reader; (h) in or for such a religious or charitable institution, which work is incidental to or in return for charitable aid conferred upon such individual and not under any express contract of hire; (i) in or for such a religious, educational or charitable institution if such individual is a student; (j) in or for such a religious, educational or charitable institution if the earning capacity of such individual is impaired by age or by physical or mental deficiency or injury; (k) in or for a summer camp or conference of such a religious, educational or charitable institution for not more than three months annually; (l) as a staff counselor in a children's camp; (m) in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university, if such individual is a student; (n) by a federal, state or municipal government or political subdivision thereof; (o) as a volunteer at a recreational or amusement event run by a business that operates such events, provided that no single such event lasts longer than eight consecutive days and no more than one such event concerning substantially the same subject matter occurs in any calendar year, where (1) any such volunteer shall be at least eighteen years of age, (2) a business seeking coverage under this paragraph shall notify every volunteer in writing, in language acceptable to the commissioner, that by volunteering his or her services, such volunteer is waiving his or her right to receive the minimum wage pursuant to this article, and (3) such notice shall be signed and dated by a representative of the business and the volunteer and kept on file by the business for thirty-six months; or (p) in the delivery of newspapers or shopping news to the consumer by a person who is not performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article twenty-five-C of this chapter. See N.Y. Tax Law 627-C
• Employee: shall mean a person who works or who expects to work in a market on a full-time, part-time or seasonal basis for a wholesaler or market business, but shall not include persons hired to work on an occasional basis. See N.Y. New York City Administrative Code 22-251
• employees: includes but is not restricted to any individual employed by a labor organization; any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment; and shall not be limited to the employees of a particular employer, unless the article explicitly states otherwise, but shall not include any individual employed by his parent or spouse or in the domestic service of and directly employed, controlled and paid by any person in his home, any individual whose primary responsibility is the care of a minor child or children and/or someone who lives in the home of a person for the purpose of serving as a companion to a sick, convalescing or elderly person or any individuals employed only for the duration of a labor dispute, or any individuals employed as farm laborers or, any individual who participates in and receives rehabilitative or therapeutic services in a charitable non-profit rehabilitation facility or sheltered workshop or any individual employed in a charitable non-profit rehabilitation facility or sheltered workshop who has received rehabilitative or therapeutic services and whose capacity to perform the work for which he is engaged is substantially impaired by physical or mental deficiency or injury. See N.Y. Tax Law 684
• Employer: includes any individual, partnership, association, corporation, cooperative, business trust, legal representative, or any organized group of persons acting as an employer of an individual employed or permitted to work on a farm. See N.Y. Tax Law 635
• employer: includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his knowledge, and shall include any person who is the purchaser of services performed by a person described in paragraph (b) of subdivision three of this section, but a labor organization or any officer or agent thereof shall only be considered an employer with respect to individuals employed by such organization. See N.Y. Tax Law 684
• Employer: means any person conducting a business or employing another within the state of New York, but shall not include a state government or any political or civil subdivision or other agency thereof. See N.Y. Tax Law 957
• Employer: means any individual, person, corporation, department, board, bureau, agency, commission, division, office, council or committee of the state government, public benefit corporation, public authority or political subdivision of the state, or other business entity, which employs or seeks to employ an individual or individuals. See N.Y. Tax Law 977
• Employer: means any business enterprise that employs fifty or more employees, excluding part-time employees, or fifty or more employees that work in the aggregate at least two thousand hours per week. See N.Y. Tax Law 1262-A
• Employer: means any contractor that employs individuals deemed employees under this article. See N.Y. Tax Law 1262-K
• Employer: means any commercial goods transportation contractor which compensates a person classified as an employee under section eight hundred sixty-two-b of this article. See N.Y. Tax Law 1262-P
• Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. Tax Law 1812-E
• Employer: shall mean the state of New York, the city, the village, school district board or trustee, or other agency of and within the state by which a teacher is paid. See N.Y. New York City Administrative Code 27-2117
• Employer: shall mean any "employer" as defined in section 190(3) of the labor law, but not including (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; or (iii) the city of New York or any local government, municipality or county or any entity governed by general municipal law section 92 or county law section 207. See N.Y. New York City Administrative Code 20-912
• Employer: includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service. See N.Y. Social Services Law 409-F
• Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. New York City Administrative Code 11-122
• Employer: means any person who either directly or through an employee, agent, independent contractor, or any other person, delivers or causes to be delivered to another person, any materials to be manufactured in a home, and which are thereafter to be returned to him, not for the personal use of himself or of a member of his family, or to be delivered, mailed, or shipped to others. See N.Y. Social Services Law 472-N
• Employer: includes any individual, partnership, association, corporation, limited liability company, business trust, legal representative, or any organized group of persons acting as employer. See N.Y. Tax Law 627-C
• Employer organization: means any organization of any kind which exists for the purpose, in whole or in part, of representing employers in dealing with employees or labor organizations concerning terms and conditions of employment, grievances, labor disputes, or other matters incidental to the employment relationship at a place of business maintained in the state of New York. See N.Y. Tax Law 957
• Employment loss: means :

  (a) an employment termination, other than a discharge for cause, voluntary departure, or retirement;

  (b) a mass layoff exceeding six months;

  (c) a reduction in hours of work of more than fifty percent during each month of any consecutive six-month period. See N.Y. Tax Law 1262-A

• EMS program agency: means a not-for-profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical services system within a region as directed by the regional council under this article. See N.Y. New York City Administrative Code 8-205
• Endowment fund: means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See N.Y. Vehicle & Traffic Law 426
• Energy conservation measures: means :

  (a) caulking and weatherstripping of all exterior doors and windows;

  (b) furnace efficiency modifications including but not limited to:

  (i) replacement burners designed to reduce the firing rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency;

  (ii) devices for modifying flue openings which will increase the efficiency of the heating system, and

  (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;

  (c) furnace and boiler retrofits, including but not limited to burner and system derating;

  (d) furnace and boiler replacements regardless of the fuel used, provided that such replacement furnaces or boilers shall meet minimum efficiency standards established by the commission;

  (e) heat pumps provided that such heat pumps shall meet such minimum efficiency standards for heating and cooling purposes established by the commission in the absence of any provision establishing such standards in the energy law;

  (f) clock thermostats;

  (g) ceiling, attic, wall, foundation, air duct, heating pipe and floor insulation;

  (h) hot water heater insulation;

  (i) storm and thermal windows and doors;

  (j) solar and wind systems; and

  (k) load management devices and energy use meters, together with associated wiring; and

  (l) such other measures that the commission shall specify. See N.Y. New York City Administrative Code 12-316

• Energy-related public utility mass real property: means real property used in the transmission and distribution of electricity and gas located in counties with a population of more than nine hundred forty thousand and less than one million two hundred thousand inhabitants according to the last decennial census, including conduits, cables, lines, wires, poles, mains, pipes, substations, tanks, supports and enclosures for electrical conductors located on, above and below real property. See N.Y. Real Property Tax Law 499-TTTT
• Enforcement officer: shall mean any person authorized to enforce the provisions of this title or the building code in the municipality in which the water well drilling activities are taking place. See N.Y. New York City Administrative Code 13-325
• Enforcement officer: means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a population of more than one million it shall also mean an officer or employee or any agency of such city that is authorized to enforce any local law of such city related to the regulation of the sale of tobacco products to minors. See N.Y. Family Court Law 1024
• Enforcing officer: means any elected or appointed officer of any tax district empowered or charged by law to enforce the collection of tax liens on real property; provided, however, that (a) where no law provides otherwise, the enforcing officer shall be (i) in a county which is a tax district, the county treasurer or commissioner of finance, (ii) in a city which is a tax district, the official so empowered or charged by the city charter, (iii) in a village which is a tax district, the village treasurer, and (iv) in a town which is a tax district, the town supervisor; and (b) when the duties and powers of an "enforcing officer" are vested in two or more elected or appointed officials, the governing body of the tax district shall designate which of such officials shall act as enforcing officer for the purposes set forth in this article. See N.Y. Real Property Tax Law 1102
• Engaged in the performing arts: shall mean performing services in connection with production of or performance in any artistic endeavor which requires artistic or technical skill or expertise. See N.Y. Tax Law 684
• Engineer: shall mean a person licensed and registered to practice the profession of engineering under the education law. See N.Y. Real Property Tax Law 499-AAA
• Engineer: shall mean a person licensed and registered to practice the profession of engineering under the education law. See N.Y. Real Property Tax Law 499-AAAA
• Enhanced assisted living certificate: means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by either admitting or retaining residents who desire to age in place and who: (a) are chronically chairfast and unable to transfer, or chronically require the physical assistance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermittent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. See N.Y. Public Health Law 4651*2
• Enhanced services: shall mean additional or more intensive levels of services as listed in subdivision two of section four hundred ten-q of this title, which an agency agrees to provide in order to receive additional funding pursuant to this title;

  6. See N.Y. Social Services Law 410-P

• Enriched housing program: means an enriched housing program, as defined in subdivision twenty-eight of section two of the social services law. See N.Y. Public Health Law 4651*2
• Enrolled member: means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation. See N.Y. New York City Administrative Code 8-205
• Enterprise risk: means any activity, circumstance, event, or series of events involving one or more subsidiaries of a parent corporation that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the parent corporation, including anything that would cause the parent corporation's risk-based capital to fall into company action level as set forth in section one thousand three hundred twenty-two of this chapter, or that would cause further transaction of business to be hazardous to the insurer's policyholders or creditors or the public. See N.Y. Public Housing Law 565
• Entertainment: means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show. See N.Y. New York City Administrative Code 27-606
• Entertainment event: shall include concerts, athletic contests or exhibitions, other than amateur sports competition, and other similar forms of entertainment, irrespective of both the kind of facility or site where such event is held and whether such event has an admission charge subject to tax, where the person or persons performing at such event do not perform on a regular, systematic or recurring basis at the same location. See N.Y. Tax Law 1131
• Entertainment promoter: shall include any person who either directly or indirectly rents, leases or grants a license to use space to an entertainment vendor at the facility or site of an entertainment event, or who under any other arrangement authorizes such a vendor to sell tangible personal property at such facility or site, and any person who has any management responsibility with respect to such a vendor making such sales at such an event. See N.Y. Tax Law 1131
• Entertainment vendor: shall include any person who makes sales of tangible personal property subject to tax at an entertainment event. See N.Y. Tax Law 1131
• entire board: means the total number of directors which a corporation would have if there were no vacancies. See N.Y. New York City Administrative Code 27-790
• Entity: means a partnership, association, joint venture, company, sole proprietorship, corporation, limited liability corporation, professional limited liability corporation or any other form of doing business. See N.Y. Tax Law 1827
• Entity: shall mean a partnership, association, joint venture, company, sole proprietorship, corporation or any other form of doing business. See N.Y. Social Services Law 456
• Entity: shall mean a partnership, association, joint venture, company, sole proprietorship, corporation or any other form of doing business. See N.Y. Social Services Law 461-A
• Entrance fee: shall mean an initial or deferred transfer to an operator of a sum of money, made or promised to be made by a person or persons entering into a continuing care retirement contract or continuing care at home contract, for the purpose of ensuring services pursuant to such a contract. See N.Y. New York City Administrative Code 10-203
• Entrance fee: shall mean an initial or deferred transfer to an operator of a sum of money, made or promised to be made by a person or persons entering into a fee-for-service continuing care contract, for the purpose of ensuring services pursuant to such a contract. See N.Y. New York City Administrative Code 10-604
• Entry: shall mean a patient's admission into a hospital for the purposes of receiving inpatient care. See N.Y. New York City Administrative Code 8-116
• Entry fee: shall mean cash or cash equivalent that is paid by an authorized player to an operator or registrant to participate in an interactive fantasy sports contest offered by such operator or registrant. See N.Y. New York City Administrative Code 16-111.1
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-275
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-297.7
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-331
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-351
• Environmental threshold value: means a deposition rate, expressed in kilograms of sulfate per hectare per year, at which no significant damaging chemical or biological effects of acid deposition have been reported, and above which there is high probability that such effects would occur. See N.Y. New York City Administrative Code 19-108
• Environmentally sound and economically feasible water conservation measures: shall mean those measures, methods, technologies or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use or diversion that: (i) are environmentally sound; (ii) reflect best practices applicable to the water use sector; (iii) are technically feasible and available; (iv) are economically feasible and cost effective based on an analysis that considers direct and avoided economic and environmental costs; and (v) consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts and other appropriate factors. See N.Y. New York City Administrative Code 13-325
• Error in essential fact: means :

  (a) an incorrect entry on the taxable portion of the assessment roll, or the tax roll, or both, of the assessed valuation of an improvement to real property which was destroyed or removed prior to taxable status date for such assessment roll; or

  (b) an incorrect entry on the taxable portion of the assessment roll, or the tax roll, or both, of the assessed valuation of an improvement to real property which was not in existence or which was present on a different parcel; or

  (c) an incorrect entry of acreage on the taxable portion of the assessment roll, or the tax roll, or both, which acreage was considered by the assessor in the valuation of the parcel and which resulted in an incorrect assessed valuation, where such acreage is shown to be incorrect on a survey submitted by the applicant; or

  (d) the omission of the value of an improvement present on real property prior to taxable status date; or

  (e) an incorrect entry of a partial exemption on an assessment roll for a parcel which is not eligible for such partial exemption; provided that the exemption has not been renounced pursuant to section four hundred ninety-six of this chapter; or

  (f) an entry pursuant to article nineteen of this chapter on an assessment or tax roll which is incorrect by reason of a

  misclassification of property which is exclusively used for either residential or non-residential purposes. See N.Y. Real Property Tax Law 550

• Established price: means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission. See N.Y. New York City Administrative Code 27-606
• Ethics review committee: means the interdisciplinary committee established in accordance with the requirements of section twenty-nine hundred ninety-four-m of this article. See N.Y. New York City Administrative Code 7-626
• event: shall mean a theatrical production or sporting event, as those terms are defined in this subdivision, or any other public exhibition, game, show, contest or performance which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. New York City Administrative Code 27-593
• Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in section 121-402 of this article. See N.Y. Vehicle & Traffic Law 1274
• 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. New York City Administrative Code 27-740
• Excess spread: means , with respect to any insured issue of asset-backed securities, the excess of (A) the scheduled cash flow on the underlying assets that is reasonably projected to be available, over the term of the insured securities after payment of the expenses associated with the insured issue, to make debt service payments on the insured securities over (B) the scheduled debt service requirements on the insured securities, provided that such excess is held in the same manner as collateral is required to be held under subsection (g) of this section. See N.Y. Real Property Tax Law 987
• Excluded area: means each area specified in paragraphs (a), (b) and (c) of subdivision five of section four hundred eighty-nine-cccc of this title. See N.Y. Real Property Tax Law 489-AAAA
• Executive session: means that portion of a meeting not open to the general public. See N.Y. New York City Administrative Code 11-2117
• executor: means the executor or administrator of the estate of the decedent, or, if there is no executor or administrator appointed, qualified and acting, then any person or entity in actual or constructive possession of any property of the decedent. See N.Y. Tax Law 951-A
• exemption base: shall mean , with respect to property that is the subject of a certificate of eligibility with an effective date of June thirtieth, nineteen hundred ninety-two or before: (i) for the first, second and third taxable years following the effective date of a certificate of eligibility, the assessed value of improvements made since the effective date of such certificate which are attributable exclusively to commercial or industrial construction work described in approved plans; and (ii) for all other years, the assessed value of such improvements which have been made before the fourth taxable status date following the effective date of such certificate. See N.Y. Real Property Tax Law 489-AAAA
• exemption base: shall mean : (a) for the first through fifth taxable years following the effective date of a certificate of eligibility, the assessed value of improvements made since the effective date of such certificate which are attributable exclusively to residential construction work or a combination of residential construction work and commercial construction work described in approved plans; and (b) for all other years, the assessed value of such improvements which have been made before the sixth taxable status date following the effective date of such certificate. See N.Y. Real Property Tax Law 489-AAAAA
• Exigent circumstances: means conditions requiring the preservation of secrecy, and whereby there is a reasonable likelihood that a continuing investigation would be thwarted by alerting any of the

  persons subject to surveillance to the fact that such surveillance had occurred. See N.Y. New York City Administrative Code 27-687

• existing multiple dwelling: shall mean any multiple dwelling erected before April eighteenth, nineteen hundred twenty-nine and in existence on the date upon which this article takes effect. See N.Y. New York City Administrative Code 11-513
• existing multiple dwelling: shall mean any dwelling classified as a multiple dwelling pursuant to the multiple dwelling law including class A and class B multiple dwellings, and in existence on the date upon which an application for a loan pursuant to this article is received by the agency. See N.Y. Family Court Law 427
• expenses: shall mean any expenditures incurred by or reimbursed to the lobbyist for lobbying but shall not include contributions reportable pursuant to article fourteen of the election law. See N.Y. Tax Law 3013
• Explosives: means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators, pyrotechnics and other detonating agents, fireworks and dangerous fireworks as defined in section 270. See N.Y. Tax Law 601
• Explosives factory: means any building or other structure in which the manufacture of explosives or any part of the manufacture thereof is carried on. See N.Y. Tax Law 601
• External agent: means an independent investment advisor, investment counsel or manager, bank, or trust company. See N.Y. Vehicle & Traffic Law 426
• external wrappings: means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed wood, composite materials (with or without an outside covering), or pouches of canvas or other material. See N.Y. Vehicle & Traffic Law 1130
• Facilities: shall mean and include those facilities as defined in the provisions of the state building construction code relating to facilities for the physically handicapped. See N.Y. Family Court Law 761
• Facility: means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:

  a. See N.Y. New York City Administrative Code 17-324

• facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more which burns fossil fuel. See N.Y. New York City Administrative Code 19-108
• facility: shall mean any governmental or private agency, department, institution, clinic, laboratory, hospital, nursing care facility, health maintenance organization, association or other similar entity that provides medical care. See N.Y. Family Court Law 1055-B
• Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented, or otherwise contracted for by the operator. See N.Y. New York City Administrative Code 10-203
• Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a fee-for-service continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented or otherwise contracted for by the operator. See N.Y. New York City Administrative Code 10-604
• fact-finding hearing: means in the case of a petition for the commitment of the guardianship and custody of a child, a hearing to determine whether the allegations required by paragraphs (a), (b), (c), and (d) of subdivision one of section six hundred fourteen are supported by clear and convincing proof. See N.Y. Family Court Law 622
• Fact-finding hearing: means a hearing to determine whether the respondent or respondents committed the crime or crimes alleged in the petition or petitions. See N.Y. Family Court Law 301.2
• fact-finding hearing: means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence. See N.Y. Family Court Law 832
• fact-finding hearing: means a hearing to determine whether the child is an abused or neglected child as defined by this article. See N.Y. Family Court Law 1044
• Factory branch: means a branch office maintained for directing and supervising the representatives of the manufacturer or which office is maintained for the sale of motor vehicles. See N.Y. Vehicle & Traffic Law 462
• Family member: shall mean an employee's child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee's spouse or domestic partner. See N.Y. New York City Administrative Code 20-912
• Family offense matter: shall mean an act or threat of an act that may constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision 1 of section 130. See N.Y. New York City Administrative Code 20-912
• family tuition account: shall mean an individual savings account established in accordance with the provisions of this article. See N.Y. Penal Law 70.02
• Farm: includes stock, dairy, poultry, furbearing animal, fruit and truck farms, plantations, orchards, nurseries, greenhouses, or other similar structures, used primarily for the raising of agricultural or horticultural commodities. See N.Y. Tax Law 635
• Farm dressed meat: means meat from animals slaughtered by a bona fide farmer who, as an incident of such farm operation, slaughters his own domestic animals on his own premises exclusively for use, in his household, by him and members of his household and his non-paying guests and employees. See N.Y. Public Authorities Law 1835-D
• Farm products: means any agricultural, dairy or horticultural product or any product designed or intended for human consumption or prepared principally from an agricultural, dairy or horticultural product. See N.Y. Public Authorities Law 1801
• farming: includes agriculture, floriculture, horticulture, aquaculture and silviculture; stock, dairy, poultry, fruit, fur bearing animal, graping, truck and tree farming; ranching; operating nurseries, greenhouses, vineyard trellises or other similar structures used primarily for the raising of agricultural, horticultural,

  vinicultural,

  viticultural,

  floricultural

  or silvicultural commodities; operating orchards; raising, growing and harvesting crops, livestock and livestock products, as defined in subdivision two of section three hundred one of the agriculture and markets law; and raising, growing and harvesting woodland products, including, but not limited to, timber, logs, lumber, pulpwood, posts and firewood. See N.Y. Tax Law 1101

• father: refers to the father of a child born out-of-wedlock. See N.Y. Family Court Law 512
• Fault: means wrongful act, omission, breach, or default. See N.Y. Uniform Commercial Code 2-A-103
• Federal agency: shall mean the United States of America, and any officer, department, board, commissioner, bureau, division, corporation, agency or instrumentality thereof. See N.Y. Public Authorities Law 1801
• Federal assistance: means assistance from the Farmer's Home Administration pursuant to title five of the United States Housing Act of 1949. See N.Y. Family Court Law 580-502
• federal benefit rate: shall mean the maximum payment of supplemental security income payable to a person or couple with no countable income. See N.Y. Social Services Law 208
• Federal grant funds: shall mean any grants received from the United States of America for community development activities or for the construction, rehabilitation or conservation of multiple dwellings or for the conversion of under-utilized non-residential property into multiple dwellings. See N.Y. Family Court Law 580-105
• Federal inspection: means the meat inspection maintained by the United States department of agriculture. See N.Y. Public Authorities Law 1835-D
• Federal inspection: means the poultry and poultry products inspection maintained by the United States department of agriculture. See N.Y. Public Authorities Law 2406
• Federal student aid programs: shall mean the programs of the United States government making financial aid available to pay for the cost of attending post-secondary institutions and established under Title IV of the Higher Education Act of nineteen hundred sixty-five, as amended, or any successor statute. See N.Y. New York City Administrative Code 27-881
• Fee-for-service continuing care contract: shall mean a single continuing care retirement contract that provides long-term care and other services on a per diem, fee-for-service or other agreed upon rate. See N.Y. New York City Administrative Code 10-604
• Fee-for-service continuing care retirement community: shall mean a facility or facilities established pursuant to this article to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life, pursuant to the terms of the fee-for-service continuing care contract on a fee-for-service schedule. See N.Y. New York City Administrative Code 10-604
• Feed: means all edible materials which are consumed by animals and contribute energy or nutrients to the animal's diet. See N.Y. Tax Law 1202-AA*3
• Feed ingredient: means each of the constitutent materials making up a commercial feed. See N.Y. Tax Law 1202-AA*3
• fees: as used in this chapter , shall include all percentages, commissions, compensations, poundages, perquisites, and emoluments of any nature which the sheriff or any of the sheriff's subordinates may receive by virtue of their office. See N.Y. New York City Administrative Code 7-514
• Felony: as used in this article means any felony defined in the laws of this state or any offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in excess of one year is authorized in this state. See N.Y. Penal Law 156.00
• Fertilizer: means the same as "specialty fertilizer" as defined in section one hundred forty-three of the agriculture and markets law. See N.Y. New York City Administrative Code 17-701
• Fiduciary: shall mean any individual or any domestic or foreign corporation holding a security for a resident or receiving, as agent of a corporation or as holder of a security, any amount due or to become due a resident as the holder or owner of a security but shall not mean any individual or corporation so acting by direction of a court in any case where such court has not directed a distribution of such amount or security. See N.Y. Penal Law 240.60
• Field: means the general area underlaid by one or more pools. See N.Y. New York City Administrative Code 19-186
• Filer: means the person filing a notice of discovery, or his heirs, distributees, representatives or successors in interest. See N.Y. New York City Administrative Code 11-1010
• Final auction price: shall mean the price paid for a single ticket by a winning bidder. See N.Y. New York City Administrative Code 27-606
• Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. New York City Administrative Code 27-2117
• Final control target: means a limitation, expressed in terms of fuel sulfur content or equivalent emissions reductions, that will reduce the New York state share of total measured or estimated wet sulfate deposition in sensitive receptor areas by the percentage derived according to the following formula:

  (Total measured or estimated New York's contribution to

  wet sulfate deposition) minus total measured or esti-

  (Environmental threshold value) mated wet sulfate deposition,

  X

  _______________________________ expressed as a percentage

  Total measured or estimated

  wet sulfate deposition

  9. See N.Y. New York City Administrative Code 19-108

• Finance lease: means a lease with respect to which: (i) the

  lessor does not select, manufacture, or supply the goods;

  (ii) the lessor acquires the goods or the right to possession

  and use of the goods in connection with the lease; and (iii)

  one of the following occurs: (A) the lessee receives a copy

  of the contract by which the lessor acquired the goods or the

  right to possession and use of the goods before signing the

  lease contract; (B) the lessee's approval of the contract by

  which the lessor acquired the goods or the right to

  possession and use of the goods is a condition to

  effectiveness of the lease contract; (C) the lessee, before

  signing the lease contract, receives an accurate and complete

  statement designating the promises and warranties, and any

  disclaimers of warranties, limitations or modifications of

  remedies, or liquidated damages, including those of any third

  party, such as the manufacturer of the goods, provided to the

  lessor by the person supplying the goods in connection with

  or as part of the contract by which the lessor acquired the

  goods or the right to possession and use of the goods; or (D)

  if the lease is not a consumer lease, the lessor, before the

  lessee signs the lease contract, informs the lessee in

  writing (a) of the identity of the person supplying the goods

  to the lessor, unless the lessee has selected that person and

  directed the lessor to acquire the goods or the right to

  possession and use of the goods from that person, (b) that

  the lessee is entitled under this Article to the promises and

  warranties, including those of any third party, provided to

  the lessor by the person supplying the goods in connection

  with or as part of the contract by which the lessor acquired

  the goods or the right to possession and use of the goods,

  and (c) that the lessee may communicate with the person

  supplying the goods to the lessor and receive an accurate and

  complete statement of those promises and warranties,

  including any disclaimers and limitations of them or of

  remedies. See N.Y. Uniform Commercial Code 2-A-103

• Financial guaranty insurance: means a surety bond, an insurance policy or, when issued by an insurer or any person doing an insurance business as defined in paragraph one of subsection (b) of section one thousand one hundred one of this chapter, an indemnity contract, and any guaranty similar to the foregoing types, under which loss is payable, upon proof of occurrence of financial loss, to an insured claimant, obligee or indemnitee as a result of any of the following events:

  (A) failure of any obligor on or issuer of any debt instrument or other monetary obligation (including equity securities guarantied under a surety bond, insurance policy or indemnity contract) to pay when due to be paid by the obligor or scheduled at the time insured to be received by the holder of the obligation, principal, interest, premium, dividend or purchase price of or on, or other amounts due or payable with respect to, such instrument or obligation, when such failure is the result of a financial default or insolvency or, provided that such payment source is investment grade, any other failure to make payment, regardless of whether such obligation is incurred directly or as guarantor by or on behalf of another obligor that has also defaulted;

  (B) changes in the levels of interest rates, whether short or long term or the differential in interest rates between various markets or products;

  (C) changes in the rate of exchange of currency;

  (D) changes in the value of specific assets or commodities, financial or commodity indices, or price levels in general; or

  (E) other events which the superintendent determines are substantially similar to any of the foregoing. See N.Y. Real Property Tax Law 987

• Financial organization: shall mean an organization authorized to do business in the state, and (a) which is an authorized fiduciary to act as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, or an insurance company; and (b)(i) is licensed or chartered by the department of financial services, (ii) is chartered by an agency of the federal government, (iii) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, (iv) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, (v) or any banking organization as defined in subdivision eleven of section two of the banking law, national banking association, state chartered credit union, federal mutual savings bank, federal savings and loan association or federal credit union. See N.Y. Family Court Law 713
• Financial organization: shall mean an organization authorized to do business in the state of New York and (a) which is an authorized fiduciary to act as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, or an insurance company; and (b)(i) is licensed or chartered by the department of financial services, (ii) is chartered by an agency of the federal government, (iii) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, or (iv) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time. See N.Y. Penal Law 70.02
• financial security bond: shall mean for each motor vehicle a bond executed by the owner and by a surety company duly authorized to transact business in this state. See N.Y. Vehicle & Traffic Law 311
• financial security deposit: shall mean for each motor vehicle the deposit with the commissioner of twenty-five thousand dollars in cash, or securities, such as may legally be purchased by savings banks or trust funds, of a market value of twenty-five thousand dollars and an additional deposit in an amount determined by the commissioner to be sufficient to satisfy the requirements of article fifty-one of the insurance law. See N.Y. Vehicle & Traffic Law 311
• Financially impaired: means a risk retention group:

  (1) whose admitted assets are less than the sum of its aggregate liabilities and the amount of surplus to policyholders required to be maintained by a domestic risk retention group authorized to do the same kind or kinds of insurance; or

  (2) whose admitted assets are less than the sum of its aggregate liabilities and outstanding capital stock; or

  (3) which is insolvent. See N.Y. Real Property Tax Law 730

• finder: as used in this article means the person who first takes possession of lost property. See N.Y. Vehicle & Traffic Law 1809-C
• Fine art: means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples. See N.Y. New York City Administrative Code 27-523
• fire retired employee: shall mean any person who was retired for service on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred and sixty-three, or retired for disability on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred sixty-four and receives, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the fire department. See N.Y. New York City Administrative Code 13-671
• Firearm: means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. See N.Y. Penal Law 265.00
• Firearm silencer: means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms. See N.Y. Penal Law 265.00
• Firm: means a domestic or foreign entity organized as a sole proprietorship, a professional service corporation, a partnership, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign registered limited liability partnership, or any other form of organization that is established for the business purpose of lawfully engaging in the practice of public accountancy. See N.Y. Tax Law 1210-A
• first home savings account: shall mean an individual savings account established in accordance with the provisions of this article for the exclusive benefit of the account owner or designated beneficiary that is the first time buyer of a home, townhome, condominium or unit in a cooperative housing corporation. See N.Y. Family Court Law 713
• First home savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Family Court Law 713
• First time home buyer: shall mean an individual or individuals, neither of whom has or had an ownership interest in a principal residence at any time, including residences owned in the United States or abroad. See N.Y. Family Court Law 713
• Fiscal officer: means the industrial commissioner, except for building service work performed by or on behalf of a city, in which case

  "fiscal officer" means the comptroller or other analogous officer of such city. See N.Y. Social Services Law 461-A

• Fiscal year: means the fiscal year for the city of New York. See N.Y. New York City Administrative Code 21-901
• flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state. See N.Y. Tax Law 1202-E
• Food service establishment: means any area, including outdoor seating areas, in which the business is the sale of food for on-premises consumption. See N.Y. Family Court Law 1024
• Food service worker: means any employee primarily engaged in the serving of food or beverages to guests, patrons or customers in the hotel or restaurant industries, including, but not limited to, wait staff, bartenders, captains and bussing personnel; and who regularly receive tips from such guests, patrons or customers. See N.Y. Tax Law 627-C
• foreign banking corporation: when used in this article, shall mean any banking institution organized under the laws of any jurisdiction other than the United States, any state of the United States or Puerto Rico. See N.Y. New York City Administrative Code 13-607
• Foreign corporation: means a non-stock 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 non-stock 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. New York City Administrative Code 20-362
• 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. New York City Administrative Code 27-728
• Foreign corporation: shall mean any corporation organized under the laws of a state other than New York or under the laws of a foreign country and doing business in this state or authorized to do business in this state, but shall not mean a banking organization as defined in this chapter. See N.Y. Penal Law 240.60
• foreign dairy product: means any dairy product produced, processed or manufactured outside the United States. See N.Y. Penal Law 496.07
• Foreign limited partnership: means a partnership formed under the laws of any jurisdiction, including any foreign country, other than the laws of this state and having as partners one or more general partners and one or more limited partners. See N.Y. Vehicle & Traffic Law 1274
• Foreign professional service corporation: has the meaning given to it in subdivision (d) of section fifteen hundred twenty-five of the business corporation law. See N.Y. Uniform Commercial Code 7-201
• Foreign professional service corporation: has the meaning given to it in paragraph (d) of section fifteen hundred twenty-five of the business corporation law. See N.Y. Uniform Commercial Code 7-307
• Foreign professional service limited liability company: has the meaning given to it in subdivision (a) of section thirteen hundred one of this chapter. See N.Y. Uniform Commercial Code 7-201
• Foreign professional service limited liability company: means a professional service limited liability company, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a professional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and managers, if any, is a professional at least one of such members is authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. See N.Y. Uniform Commercial Code 7-307
• forest fire: is a fire which is burning forest or wood lands, or which, if permitted to extend, would burn forest or upon forest lands. See N.Y. New York City Administrative Code 11-218
• Forest land: includes not only lands which may be covered with tree growth but also lands which are best adapted to forests. See N.Y. New York City Administrative Code 11-218
• forest preserve: shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except:

  a. See N.Y. New York City Administrative Code 11-218

• Franchise: means a written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a franchised motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, by lease or otherwise and/or pursuant to which a franchised motor vehicle dealer purchases and resells or offers (as agent, principal, or otherwise) products associated with the name or mark or related components of the franchise. See N.Y. Vehicle & Traffic Law 462
• Franchise: shall mean and include any authorization granted by a municipality in terms of a franchise, privilege, permit, license or other municipal authorization to construct, operate, maintain, or manage a cable television system in any municipality. See N.Y. New York City Administrative Code 13-154
• Franchised motor vehicle dealer: means : (a) any person required to be registered pursuant to section four hundred fifteen of this title which has been granted a franchise as defined in subdivision six of this section, or (b) any person engaged in the business of selling snowmobiles, all terrain vehicles and/or personal watercraft at wholesale or retail who has been granted a franchise; provided, however, that any person primarily engaged in the sale of vessels and other marine items who meets the definition of "dealer" as provided in subdivision one of section eight hundred ten of the general business law shall not be a "franchised motor vehicle dealer" pursuant to this article. See N.Y. Vehicle & Traffic Law 462
• Franchisor: means any manufacturer, distributor, distributor branch or factory branch, importer or other person, partnership, corporation, association, or entity, whether resident or non-resident, which enters into or is presently a party to a franchise with a franchised motor vehicle dealer. See N.Y. Vehicle & Traffic Law 462
• Friable: means any material that when dry, can be crumbled, pulverized, crushed or reduced to powder by hand pressure or is capable of being released into the air by hand pressure. See N.Y. Tax Law 1827
• Fuel waste byproduct: shall mean waste or combination of wastes produced as a byproduct of generating electricity from a major electric generating facility in an amount which requires storage or disposal and, because of its quantity, concentration, or physical, chemical or other characteristics, may pose a substantial present or potential hazard to human health or the environment. See N.Y. New York City Administrative Code 13-140
• Fully-insured: means that all benefits payable pursuant to a municipal cooperative health benefit plan are guaranteed under a contract or policy of insurance delivered in this state and issued by an insurance company authorized to do accident and health insurance business in this state, an article forty-three corporation, or a health maintenance organization. See N.Y. Real Property Tax Law 511
• Fund: when used in this article, means the state transmitter of money insurance fund as provided for in this article. See N.Y. New York City Administrative Code 20-331
• fund: shall mean the training and education program on occupational safety and health fund created pursuant to the provisons of section ninety-seven-c of the state finance law. See N.Y. Tax Law 1821
• Fund: means the oil and gas fund as established in section eighty-three-a of the state finance law. See N.Y. New York City Administrative Code 19-186
• Fund: means the state savings and loan insurance fund created by section four hundred twenty-a of this article. See N.Y. New York City Administrative Code 19-112
• 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
• Game or wild game: means any deer or big game, or portions thereof, as defined in section 11-0103 of the environmental conservation law, taken by lawful hunting. See N.Y. Public Authorities Law 1801
• Gaming activity: shall mean the conduct of any form of legalized gaming, including, but not limited to, Class III gaming under the Indian Gaming Regulatory Act, 25 U. See N.Y. New York City Administrative Code 13-172
• Garden: shall mean a piece or parcel of land appropriate for the cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg production, maple syrup, ornamental or vegetable plants, nursery products, or vegetables. See N.Y. Penal Law 400.01
• Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. New York City Administrative Code 19-186
• General hospital: means a hospital engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. See N.Y. New York City Administrative Code 3-710.5
• General hospital: means a general hospital as defined in subdivision ten of section twenty-eight hundred one of this chapter excluding a ward, wing, unit or other part of a general hospital operated for the purpose of providing services for persons with mental illness pursuant to an operating certificate issued by the commissioner of mental health. See N.Y. New York City Administrative Code 7-626
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and, if required by the law of the jurisdiction under which the limited partnership or foreign limited partnership, as the case may be, is organized, is so named in the certificate of limited partnership or similar instrument. See N.Y. Vehicle & Traffic Law 1274
• gift: shall mean anything of more than nominal value given to a public official in any form including, but not limited to money, service, loan, travel, lodging, meals,

  refreshments, entertainment, discount, forbearance, or promise, having a monetary value. See N.Y. Tax Law 3013

• Gift: shall mean any discount, favor, gratuity, inducement, loan, stock, thing of value, or other item having more than nominal value. See N.Y. Penal Law 60.21
• Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See N.Y. Vehicle & Traffic Law 426
• gifted pupils: shall mean those pupils who show evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude and outstanding ability in visual and performing arts. See N.Y. Penal Law 230.33
• GIS: means geographic information system. See N.Y. New York City Administrative Code 11-659
• Gold mine: means a mineral deposit in which the total sales value of the gold is more than fifty per centum of the value of all other minerals associated or occurring with the gold in the mine. See N.Y. New York City Administrative Code 11-1010
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See N.Y. Uniform Commercial Code 7-102
• Good faith: means , in addition to any common law definitions of that term, honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade. See N.Y. Vehicle & Traffic Law 462
• Goods: means all things that are movable at the time of

  identification to the lease contract, or are fixtures

  (Section 2-A-309), but the term does not include money,

  documents, instruments, accounts, chattel paper, general

  intangibles, or minerals or the like, including oil and gas,

  before extraction. See N.Y. Uniform Commercial Code 2-A-103

• Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See N.Y. Uniform Commercial Code 7-102
• Governing board: means the group of persons, designated in the municipal cooperation agreement establishing the municipal cooperative health benefit plan, to be responsible for administering the plan. See N.Y. Real Property Tax Law 511
• 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. New York City Administrative Code 27-685
• Government agency: means a department, board, bureau, division, office, agency, public benefit or other corporation, or any other unit, however described, of the state or a political subdivision thereof. See N.Y. New York City Administrative Code 3-710.5
• Government funds: means funds provided under the provisions of title eleven of article five of the social services law. See N.Y. New York City Administrative Code 9-117
• Governmental agency: means any agency of the state of New York and all municipalities within the state. See N.Y. Vehicle & Traffic Law 2401
• governmental procurement: shall mean : (i) the public announcement, public notice, or public communication to any potential vendor of a determination of need for a procurement, which shall include, but not be limited to, the public notification of the specifications, bid documents, request for proposals, or evaluation criteria for a procurement contract, (ii) solicitation for a procurement contract, (iii) evaluation of a procurement contract, (iv) award, approval, denial or disapproval of a procurement contract, or (v) approval or denial of an assignment, amendment (other than amendments that are authorized and payable under the terms of the procurement

  contract as it was finally awarded or approved by the comptroller, as applicable), renewal or extension of a procurement contract, or any other material change in the procurement contract resulting in a financial benefit to the offerer. See N.Y. Tax Law 3013

• Governmental unit: means the United States of America, Canada, a member country of the Organisation for Economic Co-operation and Development having a sovereign rating in one of the top two generic lettered rating classifications by a securities rating agency acceptable to the superintendent, a state, territory or possession of the United States of America, the District of Columbia, a province of Canada, a municipality, or a political subdivision of any of the foregoing, or any public agency or instrumentality thereof. See N.Y. Real Property Tax Law 987
• grade: shall mean the percentages of total nitrogen, available phosphoric acid and soluble potash stated in the order and form required in the guaranteed analysis. See N.Y. Tax Law 1202-L*4
• Gravity knife: means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device. See N.Y. Penal Law 265.00
• Green roof: shall mean an addition to a roof of an eligible building that covers at least fifty percent of such building's eligible rooftop space and includes (a) a weatherproof and waterproof roofing membrane layer that complies with local construction and fire codes, (b) a root barrier layer, (c) an insulation layer that complies with the Energy Conservation Construction Code of New York state and local construction and fire codes, (d) a drainage layer that complies with local construction and fire codes and is designed so the drains can be inspected and cleaned, (e) a growth medium, including natural or simulated soil, with a depth of at least two inches, (f) if the depth of the growth medium is less than three inches, an independent water holding layer that is designed to prevent the rapid drying of the growth medium, such as a non-woven fabric, pad or foam mat or controlled flow roof drain, unless the green roof is certified not to need regular irrigation to maintain live plants, and (g) a vegetation layer, at least eighty percent of which must be covered by live plants such as (i) sedum or equally drought resistant and hardy plant species, (ii) native plant species, and/or (iii) agricultural plant species. See N.Y. Real Property Tax Law 499-AAA
• Gross annual receipts: shall mean any and all compensation received directly or indirectly by a cable television company from its operations within the state, including but not limited to sums received from subscribers or users in payment for programs received and/or transmitted, advertising and carrier service revenue and any other moneys that constitute income in accordance with the system of accounts approved by the commission. See N.Y. New York City Administrative Code 13-154
• Group policy: means an insurance policy issued pursuant to section three thousand four hundred fifty-five of the insurance law. See N.Y. Vehicle & Traffic Law 1691
• guaranteed analysis: shall mean a statement of the minimum percentage of plant nutrients claimed expressed in the order and form provided in section one hundred forty-four hereof. See N.Y. Tax Law 1202-L*4
• guardian: means a health care guardian or a legal guardian of the person of a minor. See N.Y. New York City Administrative Code 7-626
• Guide dog: means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Public Authorities Law 2422
• Gunsmith: means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun. See N.Y. Penal Law 265.00
• Gutka: means a product containing lime paste, spices, areca and tobacco. See N.Y. Family Court Law 1024
• Handicapped child: shall mean a child who possesses a specific physical, mental or emotional condition or disability of such severity or kind which, in accordance with regulations of the department, would constitute a significant obstacle to the child's adoption. See N.Y. Social Services Law 451
• Handicapped person: means any person who in the judgment of the department is under a physical or mental disability which constitutes a substantial handicap to employment but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in gainful employment, and also any person under a physical or mental disability which constitutes a substantial handicap to employment and for whom vocational rehabilitation services are necessary to ascertain his rehabilitation potential. See N.Y. Penal Law 120.55
• harassment: shall mean any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:

  a. See N.Y. New York City Administrative Code 27-2004

• Hard to place child: shall mean a child, other than a handicapped child, (a) who has not been placed for adoption within six months from the date his guardianship and custody were committed to the social services official or a voluntary authorized agency, or (b) who has not been placed for adoption within six months from the date a previous adoption placement terminated and the child was returned to the care of the social services official or a voluntary authorized agency, or (c) who possesses or presents any personal or familial attribute, condition, problem or characteristic which, in accordance with regulations of the department, would be an obstacle to the child's adoption, notwithstanding the child has been in the guardianship and custody of the social services official or a voluntary authorized agency for less than six months. See N.Y. Social Services Law 451
• Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired, is unlikely to be able:

  (1) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

  (2) to pay other obligations in the normal course of business. See N.Y. Real Property Tax Law 730

• Hazardous waste: means a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

  a. See N.Y. New York City Administrative Code 20-297.7

• Hazardous waste: means a waste which appears on the list or satisfies the characteristics promulgated by the commissioner pursuant to section 27-0903 of this article and any substance which appears on the list promulgated pursuant to section 37-0103 of this chapter; provided, however, that the term "hazardous waste" does not include:

  a. See N.Y. New York City Administrative Code 20-351

• Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. See N.Y. New York City Administrative Code 20-297.7
• Health care: means any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-626
• Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-606
• Health care agent: means a health care agent designated by an adult pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-626
• Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-501
• Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-626
• Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-606
• Health care guardian: means an individual appointed by a court, pursuant to subdivision four of section twenty-nine hundred ninety-four-r of this article, as the guardian of a minor patient solely for the purpose of deciding about life-sustaining treatment pursuant to this article. See N.Y. New York City Administrative Code 7-626
• Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-626
• Health care provider: includes but is not limited to an entity licensed or certified under article twenty-eight or thirty-six of this chapter; an entity licensed or certified under article sixteen, thirty-one or thirty-two of the mental hygiene law; or a health care practitioner licensed or certified under title eight of the education law or a lawful combination of such health care practitioners; and may also include, to the extent provided by regulation of the commissioner, other entities that provide technical assistance, information systems and services, care coordination and other services to health care providers and patients participating in an ACO. See N.Y. New York City Administrative Code 8-122
• Health care provider: means any physician, nurse, provider of services for the mentally disabled as defined in article one of the mental hygiene law, or other person involved in providing medical, nursing, counseling, or other health care or mental health service, including those associated with, or under contract to, a health maintenance organization or medical services plan. See N.Y. New York City Administrative Code 3-406
• Health care provider: shall mean any person licensed under federal or New York state law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel. See N.Y. New York City Administrative Code 20-912
• Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-606
• Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. New York City Administrative Code 7-606
• Health facility: means a hospital as defined in section two thousand eight hundred one of this chapter, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability as defined in article one of the mental hygiene law. See N.Y. New York City Administrative Code 3-406
• Health insurance: means the kinds of insurance specified under items (i) and (ii) of paragraph three of subsection (a) of section one thousand one hundred thirteen of this chapter. See N.Y. Retirement & Social Security Law 19-A
• Health or social service: means any public or private care, treatment, clinical laboratory test, counseling or educational service for adults or children, and acute, chronic, custodial, residential, outpatient, home or other health care provided pursuant to this chapter or the social services law; public assistance or care as defined in article one of the social services law; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services provided pursuant to the social services law; services for the mentally disabled as defined in article one of the mental hygiene law; probation services, provided pursuant to articles twelve and twelve-A of the executive law; parole services, provided pursuant to article eight of the correction law; corrections and community supervision, provided pursuant to the correction law; detention and rehabilitative services provided pursuant to article nineteen-G of the executive law; and the activities of the health care worker HIV/HBV advisory panel pursuant to article twenty-seven-DD of this chapter. See N.Y. New York City Administrative Code 3-406
• health professionals: means persons duly licensed or otherwise authorized to practice a health profession pursuant to applicable law, including, but not limited to, physicians, registered professional nurses, nurse practitioners, physicians assistants, optometrists, dentists, dental hygienists, dietitians and nutritionists, and audiologists. See N.Y. Penal Law 115.20
• Health-related service: means service in a facility or facilities which provide or offer lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service. See N.Y. New York City Administrative Code 3-710.5
• Hearing dog: means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Public Authorities Law 2422
• Herbal cigarette: means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filler. See N.Y. Family Court Law 1024
• High risk loans: shall mean any agreement between a lending institution and a covered institution that provides for the lending institution to provide loans to students with a poor or no credit history, who would otherwise not be eligible for educational loans. See N.Y. Penal Law 60.21
• Higher education expenses: shall mean the cost of attendance at an eligible college and shall include tuition and fees, books, room and board, and other educationally related expenses, as determined by the corporation. See N.Y. New York City Administrative Code 27-902
• Higher education expenses: shall include the following:

  a. See N.Y. Penal Law 60.21

• Highly distressed area: means : (a) a census tract or tracts or block numbering area or areas or such census tract or block numbering area contiguous thereto which, according to the most recent census data available, has:

  (i) a poverty rate of at least twenty percent for the year to which the data relates or at least twenty percent of the households receiving public assistance; and

  (ii) an unemployment rate of at least one and twenty-five one hundredths times the statewide unemployment rate for the year to which the data relates; or

  (b) a city, town, village or county within a city with a population of one million or more for which: (i) the ratio of the full value property wealth, as determined by the comptroller for the year nineteen hundred ninety, per resident to the statewide average full value property wealth per resident; and (ii) the ratio of the income per resident, as shown in the nineteen hundred ninety census to the statewide average income per resident; are each fifty-five percent or less of the statewide average. See N.Y. New York City Administrative Code 13-630

• Highly experienced player: shall mean an authorized player who has:

  (a) entered more than one thousand contests offered by a single operator or registrant; or

  (b) won more than three prizes valued at one thousand dollars each or more from a single operator or registrant. See N.Y. New York City Administrative Code 16-111.1

• Highway: means any public street, public highway, public alley or navigable waterway, which is open for traffic. See N.Y. Tax Law 601
• Historic site project: shall mean a project undertaken by a municipality or the department of environmental conservation pursuant to any applicable provision of law or by the office pursuant to the provisions of this chapter, in order to develop or acquire lands, structures thereon and appurtenant objects associated therewith to protect the scientific, historic, cultural and architectural interest thereof and to make such lands available for public recreation. See N.Y. Parks, recreation and historic preservation Law 17.01
• HIV infection: means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS. See N.Y. New York City Administrative Code 3-406
• HIV related illness: means any illness that may result from or may be associated with HIV infection. See N.Y. New York City Administrative Code 3-406
• Holder: when used in this article, means a person, other than a purchaser, who is either (i) in possession of a New York instrument and is the named payee thereon, or (ii) in possession of a New York instrument issued or endorsed to him or bearer or in blank; provided, however, that no person who is in possession of a lost, stolen or forged New York instrument or who is in possession of a New York instrument by virtue of the fact that he is the surety on a bond required by subdivision one of section six hundred forty-three of this chapter or is a receiver or trustee, whether in bankruptcy or otherwise, for an uninsured transmitter of money shall be deemed a "holder" thereof. See N.Y. New York City Administrative Code 20-331
• Holder: shall mean , with respect to an education loan: (i) a lender; (ii) a public benefit corporation authorized to finance the purchase or making of education loans pursuant to the public authorities law; or (iii) any assignee of such lender or public benefit corporation. See N.Y. New York City Administrative Code 27-902
• Holding company operating subsidiary: means a subsidiary (other than a separate account subsidiary) engaged or organized to engage in either or both of the following activities (1) the ownership and management of other subsidiaries, and (2) the raising of capital (debt or equity) that could be loaned to, or invested in, other subsidiaries or loaned to the parent corporation, provided that any such subsidiary may in addition engage in the ownership and management of assets authorized as investments for the parent corporation. See N.Y. Public Housing Law 565
• Home: shall include a hospice patient's home or a hospice residence. See N.Y. New York City Administrative Code 10-112
• Home: means a room or an apartment in any house. See N.Y. Social Services Law 472-N
• Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. New York City Administrative Code 9-117
• Home care services: means the services defined in subdivision one of section three thousand six hundred two of this chapter, as provided by a home care services agency which has been approved to operate pursuant to article thirty-six of this chapter. See N.Y. Public Health Law 4651*2
• Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. New York City Administrative Code 9-117
• Home conservation plan: means the general program administered and established by each utility pursuant to this article, which sets forth the framework for individual home energy conservation programs for eligible customers. See N.Y. New York City Administrative Code 12-316
• Home health aide services: means simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services. See N.Y. New York City Administrative Code 9-117
• Home inspection: means the process by which a home inspector observes and provides a written report of the systems and components of a residential building including but not limited to heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components or any other related residential building component as recommended or required by the department through regulation to provide a client with objective information about the condition of the residential building. See N.Y. New York City Administrative Code 21-134
• Home inspector: means a person licensed as a home inspector pursuant to the provisions of this article. See N.Y. New York City Administrative Code 21-134
• Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

  (a) Oxygen and oxygen delivery systems;

  (b) Ventilation and aspiration devices;

  (c) Respiratory disease management services;

  (d) Electronic and computer driven wheelchairs and seating systems;

  (e) Monitoring devices;

  (f) Transcutaneous electrical nerve simulator (tens) units;

  (g) Low air loss cutaneous pressure management devices;

  (h) Sequential compression devices;

  (i) Obstructive sleep apnea treatment devices; and

  (j) Feeding pumps. See N.Y. New York City Administrative Code 9-143

• Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. New York City Administrative Code 9-143
• HOME program: shall mean subtitle A of title II of the national affordable housing act. See N.Y. Family Court Law 651
• HOME regulations: shall mean HUD regulations created pursuant to the national affordable housing act of 1990 as amended. See N.Y. Family Court Law 651
• Home resident: shall mean a continuing care at home contract holder who resides in a private residence off of the continuing care retirement community campus. See N.Y. New York City Administrative Code 10-203
• Home service provider: shall mean a facilities-based carrier or reseller as defined in subparagraph (iv) of this paragraph, with which the mobile telecommunications customer contracts for the provision of mobile telecommunications service. See N.Y. Tax Law 1101
• Homeless project: shall mean a specific facility, including lands, buildings and improvements acquired, constructed, renovated or rehabilitated and operated by a not-for-profit corporation, charitable organization, wholly owned subsidiary of a not-for-profit corporation or of a charitable organization, public corporation or a municipality to increase the availability of housing for homeless persons, which may include other non-housing services such as but not limited to dining, recreational, sanitary, social, medical and mental health services as may be deemed by the commissioner to be essential to such a project. See N.Y. Social Services Law 42
• horse: means the entire family of equidae. See N.Y. Public Authorities Law 1824
• Hospice: means a hospice as defined in article forty of this chapter, without regard to where the hospice care is provided. See N.Y. New York City Administrative Code 7-626
• Hospice: means a coordinated program of home and in-patient care which treats the terminally ill patient and family as a unit, employing an interdisciplinary team acting under the direction of an autonomous hospice administration. See N.Y. New York City Administrative Code 10-112
• Hospice demonstration program participant: means a hospice which was approved to participate in the hospice demonstration program established pursuant to chapter seven hundred eighteen of the laws of nineteen hundred seventy-eight and is operating on the thirtieth day of June, nineteen hundred eighty-three. See N.Y. New York City Administrative Code 10-112
• Hospice residence: means a hospice operated home which is residential in character and physical structure and operated for the purpose of providing more than two hospice patients but not more than sixteen hospice patients with hospice care, which may include dually certified hospice in-patient beds up to twenty-five percent of the hospice residence's patient capacity, or up to fifty percent of the hospice residence's patient capacity with the commissioner's approval. See N.Y. New York City Administrative Code 10-112
• Hospital: means a general hospital, a residential health care facility, or hospice. See N.Y. New York City Administrative Code 7-626
• Hospital: shall mean any "general hospital" as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 8-116
• Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-105
• Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
• hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ physician assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-150
• hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ specialist assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-202
• Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. New York City Administrative Code 3-710.5
• hospital: shall include public health centers, diagnostic or treatment centers, rehabilitation facilities, nursing homes and chronic disease hospitals as defined in section six hundred thirty-one (i) of the federal public health service act, as amended, tuberculosis, mental, chronic disease, and other types of hospitals, including laboratories, out-patient departments, nurses' homes and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. See N.Y. New York City Administrative Code 7-301
• Hospital: means a hospital as defined in subdivision ten of section 1. See N.Y. New York City Administrative Code 7-501
• Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. New York City Administrative Code 7-606
• Hospital service: means the preadmission, out-patient, in-patient and post discharge care provided in or by a hospital, and such other items or services as are necessary for such care, which are provided by or under the supervision of a physician for the purpose of prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, including, but not limited to, nursing service, home-care nursing and other paramedical service, ambulance service, service provided by an intern or resident in training, laboratory service, medical social service, drugs, biologicals, supplies, appliances, equipment, bed and board. See N.Y. New York City Administrative Code 3-710.5
• Hospitalization: means the period during which a person is a patient in, or a resident of, a hospital. See N.Y. New York City Administrative Code 7-501
• hotel: includes an apartment hotel, a motel, boarding house or club, whether or not meals are served. See N.Y. Tax Law 1101
• Hours worked: means the time that a farm worker is permitted to work in the fields or at his assigned place of work, and shall include time spent on a single farm in going from one field to another, or in waiting for baskets, pick-up, or for similar purposes; provided, however, that time not worked because of weather conditions shall not be considered as hours worked. See N.Y. Tax Law 635
• House: means the senate or assembly of the state of New York. See N.Y. Uniform Commercial Code 2-209
• House: means any building in which one or more persons regularly sleep, and shall include outbuildings upon premises which include such building; but where only a person or persons or the family of a person or persons engaged in the service of the building, sleep in such building, the term "house" shall apply only to the separate room or rooms or to the apartment or apartments in which one or more of such persons sleep. See N.Y. Social Services Law 472-N
• house coach: shall mean any vehicle motivated by a power connected therewith or propelled by a power within itself, which is designed to provide temporary living quarters, and which is built onto, as an integral part of, or is permanently attached to a motor vehicle chassis, and contains at least four of the following independent life support systems if each is permanently installed and designed to be removed only for purposes of repair or replacement and meets the standards of the American National Standards Institute for recreation vehicles:

  (a) a cooking facility with an on-board fuel source;

  (b) a gas or electric refrigerator;

  (c) a toilet with exterior evacuation;

  (d) a heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine;

  (e) a potable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection; and

  (f) a 110-125 volt electric power supply. See N.Y. Vehicle & Traffic Law 462

• housing accommodation: as used in this article , shall mean any building or structure which is used or occupied, or is intended to be used or occupied, wholly or partly, as the home or residence of one or more human beings. See N.Y. Family Court Law 360.3
• Housing preservation and community renewal activities: include (a) the new construction or the acquisition, maintenance, preservation, repair, rehabilitation or other improvement of vacant or occupied housing accommodations; demolition or sealing of vacant structures where necessary or appropriate; disposition of housing accommodations to present or potential occupants or co-operative organizations; training or other forms of assistance to occupants of housing accommodations; and management of housing accommodations as agent for the owners, receivers, administrators or municipalities; (b) activities, similar to those specified in paragraph (a) of this subdivision, aimed at accomplishing similar purposes and meeting similar needs with respect to retail and service establishments within a region when carried out in connection with and incidental to a program of housing related activities. See N.Y. Family Court Law 580-312
• HUD: shall mean the federal department of housing and urban development. See N.Y. Family Court Law 651
• Hudson river valley: means the Hudson river and adjacent areas between the Adirondack Mountains and the tip of Manhattan Island in the city of New York. See N.Y. New York City Administrative Code 27-521.12
• Human trafficking: shall mean an act or threat of an act that may constitute sex trafficking, as defined in section 230. See N.Y. New York City Administrative Code 20-912
• hybrid: means the first generation of a cross produced under controlled pollination. See N.Y. Tax Law 1202-E
• Identification tag: means a tag issued by the licensing municipality which sets forth an identification number, together with the name of the municipality, the state of New York, contact information, including telephone number, for the municipality and such other information as the licensing municipality deems appropriate. See N.Y. Public Authorities Law 2422
• Identified dog: means any dog carrying an identification tag as provided in section one hundred eleven of this article. See N.Y. Public Authorities Law 2422
• Identifying number: means the numbers, and letters if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle. See N.Y. Vehicle & Traffic Law 2101
• Illicit alcoholic beverage: means and includes any alcohol or distilled spirits owned, manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, possessed or transported on which any tax required to have been paid under any applicable federal law has not been paid. See N.Y. New York City Administrative Code 11-1752
• Immediate family member: means a spouse, child, sibling, parent, grandparent, or grandchild. See N.Y. New York City Administrative Code 20-264*2
• impairment of mental or emotional condition: includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child. See N.Y. Family Court Law 1012
• Implement of husbandry: means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. See N.Y. Vehicle & Traffic Law 2101
• In bulk: means fifty or more recyclable containers;

  "Motor vehicle" means any vehicle operated or driven upon a street that is propelled by any power other than human or animal power;

  "Owner" means a person, other than a lienholder, having the property in or title to a motor vehicle, including any person entitled to the use and possession of a motor vehicle subject to a security interest by another person and also includes any lessee or bailee of a motor vehicle having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days;

  "Person" means any individual, firm, corporation or other legal entity;

  "Recyclable container" means any bottle, can, jar or other container constructed from glass, metal or plastic that has been designated as a recyclable material pursuant to subdivision b of section 16-305 of this title;

  "Street" means any public street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct, square or place, including marginal streets. See N.Y. New York City Administrative Code 16-470

• In-kind expenditures: shall mean the cash value of eligible costs that are not reimbursed under this title and may include but not be limited to materials, equipment, space or paid or volunteer staff. See N.Y. Social Services Law 45
• In-plant operations: means work within the premises of an employer other than the state, any political subdivision of the state, a public authority or other governmental agency or instrumentality thereof, in an area to which persons other than employees of that employer directly involved in the work will not have access during the course of the work and which is performed in a manner consistent with federal regulations promulgated under the federal occupational safety and health act pursuant to chapter 15 of title twenty-nine of the United

  States code, and is performed in a manner which will not expose the public or employees of that employer not directly involved with the asbestos project to asbestos fibers in excess of background levels or . See N.Y. Tax Law 1827

• Inactive hazardous waste disposal site: means any area or structure used for the long term storage or final placement of hazardous waste including, but not limited to, dumps, landfills, lagoons and artificial treatment ponds, as to which area or structure no permit or authorization issued by the department or a federal agency for the disposal of hazardous waste was in effect after the effective date of this title and any inactive area or structure on the National Priorities List established under the authority of 42 U. See N.Y. New York City Administrative Code 20-351
• Inactive hazardous waste disposal site remedial program: means activities undertaken to eliminate, remove, abate, control or monitor health and/or environmental hazards or potential hazards in connection with inactive hazardous waste disposal sites or to treat or dispose of wastes and waste contaminated materials from such sites including, but not limited to, grading, contouring, trenching, grouting, capping, excavation, transporting, incineration, chemical treatment, biological treatment or construction of leachate collection and treatment facilities. See N.Y. New York City Administrative Code 20-351
• 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. New York City Administrative Code 27-740
• Incapacitated person: means a respondent who, as a result of mental illness, or intellectual or developmental disability as defined in subdivisions twenty and twenty-two of section 1. See N.Y. Family Court Law 301.2
• Incapacity: shall mean a substantial inability to care for a child as a result of: (a) a physically debilitating illness, disease or injury; or (b) a mental impairment that results in a substantial inability to understand the nature and consequences of decisions concerning the care of a child. See N.Y. Social Services Law 458-A
• incompetent person: means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to section 78. See N.Y. New York City Administrative Code 24-902
• Independent audio-visual system: shall mean an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. New York City Administrative Code 27-354
• indicated report: means a report made pursuant to this title if an investigation determines that some credible evidence of the alleged abuse or maltreatment exists. See N.Y. Social Services Law 412
• Individual: means a natural person. See N.Y. New York City Administrative Code 20-264*2
• Individuals with severe disabilities: means persons for whom competitive employment has either not traditionally occurred or has been interrupted or intermittent as a result of having a permanent and substantially disabling physical, sensory, or mental condition. See N.Y. Penal Law 120.55
• Industrial: means property used primarily for the manufacturing or assembling of goods or the processing of raw materials;

  6. See N.Y. Real Property Tax Law 489-AAA

• Industrial construction work: means the construction of a new building or structure or the modernization, rehabilitation, expansion or improvement of an existing building or structure for use as industrial property. See N.Y. Real Property Tax Law 489-AAAA
• Industrial construction work: means the construction of a new building or structure or the modernization, rehabilitation, expansion or improvement of an existing building or structure for use as industrial property. See N.Y. Real Property Tax Law 489-AAAAAA
• Industrial hazardous waste: shall mean an industrial waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

  a. See N.Y. New York City Administrative Code 20-331

• Industrial homework: means the manufacturing in a home, in whole or in part, with or of material which has been furnished by an employer, of any article or articles to be returned to the said employer, or to be delivered, mailed, or shipped to others. See N.Y. Social Services Law 472-N
• Industrial homeworker: means any person who manufactures in a home, in whole or in part, with or out of material furnished by an employer for industrial homework, any article or articles to be returned to such employer directly or indirectly, or to be delivered, mailed or shipped to others. See N.Y. Social Services Law 472-N
• Industrial property: means nonresidential property on which will exist after completion of industrial construction work a building or structure wherein at least seventy-five per centum of the total net square footage is used or immediately available and held out for use for manufacturing activities involving the assembly of goods or the fabrication or processing of raw materials. See N.Y. Real Property Tax Law 489-AAAA
• Industrial property: means nonresidential property on which will exist after completion of industrial construction work a building or structure, or portion thereof, with at least seventy-five percent of the total net square footage of the property used or immediately available and held out for manufacturing activities involving assembling goods or the fabrication or processing of raw materials; provided that property or portions of property dedicated to utility property shall not be considered industrial property for purposes of this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Inedible meat: means meat and meat products derived from dead, dying, disabled, diseased or condemned animals, and meat or meat products, regardless of origin, which are adulterated within the meaning of section two hundred of this chapter. See N.Y. Public Authorities Law 1837-C
• Initial out-of-state thoroughbred track: means the track commencing full-card simulcasting to New York prior to any other out-of-state thoroughbred track after 1:00 PM on any calendar day. See N.Y. New York City Administrative Code 15-217
• initial appearance: means the proceeding on the date the respondent first appears before the court after a petition has been filed and any adjournments thereof, for the purposes specified in section 320. See N.Y. Family Court Law 320.1
• Initiating house: means the house wherein a request is filed with the secretary or clerk, as the case may be, under the provisions of subdivision a of section thirty-five of this article. See N.Y. Uniform Commercial Code 2-209
• Insolvent insurer: means a member insurer which after the effective date of this article becomes insolvent for the purposes of section one thousand three hundred nine of this chapter and is placed under a final order of liquidation, rehabilitation or conservation by a court of competent jurisdiction. See N.Y. Retirement & Social Security Law 19-A
• Inspection legend: means a mark or a statement authorized by the provisions of the federal law, on a carcass, meat, meat by-product, or meat food product indicating the product has been inspected and passed. See N.Y. Public Authorities Law 1835-D
• Installment lease contract: means a lease contract that

  authorizes or requires the delivery of goods in separate lots

  to be separately accepted, even though the lease contract

  contains a clause "each delivery is a separate lease" or its

  equivalent. See N.Y. Uniform Commercial Code 2-A-103

• Institute: means the Institute for the Hudson River Collection created by this article. See N.Y. New York City Administrative Code 27-521.12
• Institution: shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York. See N.Y. Penal Law 415.00
• Institution: means : (1) a person, other than an individual, organized and operated exclusively for charitable purposes; (2) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated; or (3) any corporation described in subparagraph five of paragraph (a) of section 102 (Definitions). See N.Y. Vehicle & Traffic Law 426
• Institution of higher education: means any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Penal Law 70.45
• Institutional fund: means a fund held by an institution. See N.Y. Vehicle & Traffic Law 426
• Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
• instrument: as used in this article means a check, draft, promissory note, bond, bill of lading, warehouse receipt, stock certificate or other paper or document, other than those payable, drawn or issued to bearer or to cash and other than money, evidencing, representing or embodying a chose in action or a right with respect to property or a share, participation or other interest in property or in an enterprise. See N.Y. Vehicle & Traffic Law 1809-C
• Insurance company bail bond: means a surety bond, executed in the form prescribed by the superintendent of financial services, in which the surety-obligor is a corporation licensed by the superintendent of financial services to engage in the business of executing bail bonds. See N.Y. New York City Administrative Code 27-574
• Insurance Identification Card: shall mean a card issued by or on behalf of an insurance company or bonding company duly authorized to transact business in this state, stating in such form as the commissioner may prescribe or approve that such company has issued an owner's policy of liability insurance or a financial security bond on the motor vehicle or vehicles designated therein. See N.Y. Vehicle & Traffic Law 311
• Insurance institution: means any corporation, association, partnership, reciprocal exchange, interinsurer, fraternal benefits society, agent, broker or other entity including, but not limited to, any health maintenance organization, medical service plan, or hospital plan which: (a) is engaged in the business of insurance; (b) provides health services coverage plans; or (c) provides benefits under, administers, or provides services for, an employee welfare benefit plan as defined in 29 U. See N.Y. New York City Administrative Code 3-406
• Insured: means a person who enters into a premium finance agreement with a premium finance agency or makes and delivers a premium finance agreement to, or to the order of, an insurance agent or broker, whether or not he is insured under an insurance contract, premiums for which are advanced or to be advanced under the premium finance agreement. See N.Y. New York City Administrative Code 20-206
• Insured account: means a savings account held by an insured member and which is insured under the provisions of this article. See N.Y. New York City Administrative Code 19-112
• insured member: means a savings and loan association whose application for membership in the fund has been accepted and approved; and which has made all payments required by this article; and whose membership has not been terminated. See N.Y. New York City Administrative Code 19-112
• Insured savings and loan association: means an association whose accounts are insured under this article. See N.Y. New York City Administrative Code 19-112
• insurer: shall mean a life insurance corporation, or other corporation subject to supervision by the department of financial services of the state of New York. See N.Y. Penal Law 265.10
• insurer: means a life insurance corporation, or other corporation, subject to department of financial services supervision. See N.Y. New York City Administrative Code 27-765
• insurer: means a life insurance corporation or other corporation subject to department of financial services supervision. See N.Y. New York City Administrative Code 27-2046.2
• Interactive fantasy sports gross revenue: shall mean the amount equal to the total of all entry fees not attributable to New York state prohibited sports events that a registrant collects from all players, less the total of all sums not attributable to New York state prohibited sports events paid out as winnings to all players, multiplied by the resident percentage for New York state; provided, however, that the total of all sums paid out as winnings to players shall not include the cash equivalent value of any merchandise or thing of value awarded as a prize. See N.Y. New York City Administrative Code 16-111.1
• Interbasin diversion: shall mean the transfer of water or wastewater from one New York major drainage basin to another drainage basin. See N.Y. New York City Administrative Code 13-325
• Intercepted communication: means (a) a telephonic or telegraphic communication which was intentionally overheard or recorded by a person other than the sender or receiver thereof, without the consent of the sender or receiver, by means of any instrument, device or equipment, or (b) a conversation or discussion which was intentionally overheard or recorded, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment; or (c) an electronic communication which was intentionally intercepted or accessed, as that term is defined in section 250. See N.Y. New York City Administrative Code 27-687
• interest in real estate: shall include the sale of a business wherein the value of the real estate transferred as part of the business is not merely incidental to the transaction, and shall not include the assignment of a lease, and further, the transaction itself is not otherwise subject to regulation under state or federal laws governing the sale of securities. See N.Y. New York City Administrative Code 21-114
• interest in real property: include every such estate and interest, freehold or chattel, legal or equitable, present or future, vested or contingent. See N.Y. New York City Administrative Code 18-125
• interest in real property: includes any term, estate or other interest in real property, vested or contingent, of an infant in being, an incompetent person, or a conservatee including an inchoate right of dower and a possibility of reverter, and also the contingent interest of an infant not in being. See N.Y. New York City Administrative Code 24-902
• Interfacility transfer: means emergency ambulance transport from, to, or between general hospitals or other health care facilities, conducted in accordance with article thirty of this chapter. See N.Y. New York City Administrative Code 8-907
• Interim control target: means a limitation, expressed in terms of fuel sulfur content, that achieves a level of sulfur deposition reduction that is approximately forty per centum of the final control target. See N.Y. New York City Administrative Code 19-108
• interment: means the permanent disposition of human remains by inurnment, entombment or ground burial. See N.Y. Vehicle & Traffic Law 1130
• Interoperability: means the capacity of all emergency medical, trauma care, and disaster preparedness response systems to collaborate and communicate during an emergency, trauma, or disaster response. See N.Y. New York City Administrative Code 8-907
• Introduction: means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. See N.Y. New York City Administrative Code 11-659
• Invasive species: means a species that is:

  (a) nonnative to the ecosystem under consideration; and

  (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. See N.Y. New York City Administrative Code 11-659

• Investment capital: when used in this chapter shall mean investments of the unincorporated business in stocks, bonds and other securities, corporate and governmental (excluding governmental stocks, bonds and other securities the interest or dividends from which are fully exempt from tax under this chapter, other than any such governmental stock, bond or other security which is sold or otherwise disposed of during the taxable year in a transaction which results in a gain or loss which is included in computing unincorporated business entire net income for the taxable year), not held for sale to customers in the regular course of business, provided, however, that in the discretion of the commissioner of finance, there shall be deducted from investment capital any liabilities of the unincorporated business which are directly or indirectly attributable to investment capital. See N.Y. New York City Administrative Code 11-501
• Investment grade: means that:

  (1) the obligation or parity obligation of the same issuer has been determined to be in one of the top four generic lettered rating classifications by a securities rating agency acceptable to the superintendent;

  (2) the obligation or parity obligation of the same issuer has been identified in writing by such rating agency to be of investment grade quality; or

  (3) if the obligation or parity obligation of the same issuer has not been submitted to any such rating agency, the obligation is determined to be investment grade (as indicated by a rating in category 1 or 2) by the Securities Valuation Office of the National Association of Insurance Commissioners. See N.Y. Real Property Tax Law 987

• Investment income: when used in this chapter shall mean income, gains and losses from investment capital, to the extent included in computing unincorporated business entire net income, less, in the discretion of the commissioner of finance, any deductions allowable in computing unincorporated business entire net income which are directly or indirectly attributable to investment capital or investment income, provided, however, that in no case shall investment income exceed unincorporated business entire net income. See N.Y. New York City Administrative Code 11-501
• Investment subsidiary: means a subsidiary (other than a separate account subsidiary) engaged or organized to engage exclusively in the ownership and management of assets (other than equity securities of subsidiaries) authorized as investments for the parent corporation and of other investment subsidiaries. See N.Y. Public Housing Law 565
• Issue: means the first delivery of an instrument to a holder

  or a remitter. See N.Y. Uniform Commercial Code 3-102

• Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See N.Y. Uniform Commercial Code 7-102
• Joint petition: means a document distributed jointly by the secretary and clerk to the members of both houses, transmitting the joint written request of at least one member of each house for the convening of an extraordinary session. See N.Y. Uniform Commercial Code 2-209
• Judge: shall mean a judge of the family court of any county in the state. See N.Y. New York City Administrative Code 27-943
• Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;

  (10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;

  (11) "Code" means article seven of this chapter;

  (12) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See N.Y. Military Law 130.1

• Justice: except as otherwise provided herein, means any justice of an appellate division of the judicial department in which the eavesdropping warrant is to be executed, or any justice of the supreme court of the judicial district in which the eavesdropping warrant is to be executed, or any county court judge of the county in which the eavesdropping warrant is to be executed. See N.Y. New York City Administrative Code 27-687
• Justice: means justice as defined in subdivision four of section 700. See N.Y. New York City Administrative Code 27-701
• Juvenile delinquent: means a person over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law. See N.Y. Family Court Law 301.2
• kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See N.Y. Tax Law 1202-E
• Knowledge: means only actual knowledge of a defect or condition on the part of the seller of residential real property. See N.Y. New York City Administrative Code 21-318
• Kung Fu star: means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown. See N.Y. Penal Law 265.00
• Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See N.Y. Tax Law 1202-AA*3
• label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See N.Y. Tax Law 1202-L*4
• Labeling: means any and all labels and other written, printed or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed. See N.Y. Tax Law 1202-AA*3
• labeling: refers to statements written or imprinted on the seed container itself or on a tag or label securely attached to it as specified in the label requirements of this law. See N.Y. Tax Law 1202-E
• labelling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers. See N.Y. Tax Law 1202-L*4
• labor dispute: includes , but is not restricted to, any controversy between employers and employees or their representatives as defined in this section concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to negotiate, fix, maintain or change terms or conditions of employment, or concerning the violation of any of the rights granted or affirmed by this article, regardless of whether the disputants stand in the proximate relation of employer and employee. See N.Y. Tax Law 684
• labor official: means any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund. See N.Y. Penal Law 180.10
• labor organization: means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection and which is not a company union as defined herein. See N.Y. Tax Law 684
• 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, and shall include the parent national or international organization of a local labor organization. See N.Y. Tax Law 957
• Land acquisition projects: means open space acquisition projects undertaken with willing sellers including, but not limited to, the purchase of conservation easements, undertaken by a municipality, a not-for-profit corporation, or purchase of conservation easements by a soil and water conservation district. See N.Y. New York City Administrative Code 16-307.1
• land affected by mining: means the sum of that surface area of land or land under water which: (i) has been disturbed by mining since April first, nineteen hundred seventy-five and not been reclaimed, and (ii) is to be disturbed by mining during the term of the permit to mine. See N.Y. New York City Administrative Code 20-234
• Landfill: means a disposal facility or part of a facility where solid waste, including hazardous waste, is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See N.Y. New York City Administrative Code 20-297.7
• Landlord: means any person (i) who is the owner or managing agent of a multifamily dwelling with five or more residential units or (ii) who is authorized to act for either the board of directors of a cooperative apartment building or board of managers of a multifamily dwelling which is owned as a condominium under article nine-B of the real property law, who receives at such building or dwelling and pays for electric or gas service. See N.Y. New York City Administrative Code 12-316
• Landowner: means the holder of any right, title, or interest in real property subject to a proposed site or right of way as identified from the most recent tax roll of the appropriate city or county. See N.Y. New York City Administrative Code 12-303
• Large capacity ammunition feeding device: means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or * (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition

  * NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch 57/2013 Pt. See N.Y. Penal Law 265.00

• Law enforcement agency: means any agency which is empowered by law to conduct an investigation or to make an arrest for a felony, and any agency which is authorized by law to prosecute or participate in the prosecution of a felony. See N.Y. New York City Administrative Code 27-701
• Law enforcement officer: means any public servant who is empowered by law to conduct an investigation of or to make an arrest for a designated offense, and any attorney authorized by law to prosecute or participate in the prosecution of a designated offense. See N.Y. New York City Administrative Code 27-687
• 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. New York City Administrative Code 27-943
• lawful rental and other lawful charges: means registered, reported or contracted for rent pursuant to chapter four hundred three of the laws of nineteen hundred eighty-three, article two of the private housing finance law or section eight of the federal housing act of nineteen hundred sixty-eight, or, rent contained in a court approved stipulation of settlement, even if such rent or charges are subsequently decreased by order of the department of housing and community renewal or a court of competent jurisdiction. See N.Y. Penal Law 180.54
• lawyer: shall mean an attorney or counselor governed by article fifteen 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. New York City Administrative Code 27-965
• Lead-based paint: shall mean paint or other similar surface coating material containing 1. See N.Y. New York City Administrative Code 27-2056.2
• Lead-based paint hazard: shall mean any condition in a dwelling or dwelling unit that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. See N.Y. New York City Administrative Code 27-2056.2
• Lead-contaminated dust: shall mean dust containing lead at a mass per area concentration of 40 or more micrograms per square foot on a floor, 250 or more micrograms per square foot on window sills, and 400 or more micrograms per square foot on window wells, or such more stringent standards as may be adopted by the department of health and mental hygiene. See N.Y. New York City Administrative Code 27-2056.2
• Lead-contaminated dust clearance test: shall mean a test for lead-contaminated dust on floors, window wells, and window sills in a dwelling, that is made in accordance with section 27-2056. See N.Y. New York City Administrative Code 27-2056.2
• leak: means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use. See N.Y. New York City Administrative Code 17-324
• Lease: means a transfer of the right to possession and use

  of goods for a term in return for consideration, but a sale,

  including a sale on approval or a sale or return, or

  retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103

• Lease: means to arrange for a person to enter into an agreement subject to the provisions of article nine-A of the personal property law, or to act as a lessor as defined in such article. See N.Y. Vehicle & Traffic Law 415
• Lease agreement: means the bargain, with respect to the

  lease, of the lessor and the lessee in fact as found in their

  language or by implication from other circumstances including

  course of dealing or usage of trade or course of performance

  as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103

• Lease contract: means the total legal obligation that

  results from the lease agreement as affected by this Article

  and any other applicable rules of law. See N.Y. Uniform Commercial Code 2-A-103

• Leasehold interest: means the interest of the lessor or the

  lessee under a lease contract. See N.Y. Uniform Commercial Code 2-A-103

• Least emissions dispatch: means the utilization of the cleanest facility or other stationary source on a priority basis so that less clean facilities or stationary sources are operated at full capacity only when need arises. See N.Y. New York City Administrative Code 19-108
• legal charges: means :

  (a) the cost of the mailing or service of notices required or authorized by this article;

  (b) the cost of publication of notices required or authorized by this title;

  (c) the amount of any interest and penalties imposed by law;

  (d) the cost of recording or filing legal documents required or authorized by this article; and

  (e) the reasonable and necessary cost of any search of the public record required or authorized to satisfy the notice requirements of this article, and the reasonable and necessary expenses for legal services of a tax district in connection with a proceeding to foreclose a tax lien; provided, that: (i) a charge of up to one hundred fifty dollars per parcel shall be deemed reasonable and necessary to cover the combined costs of such searches and legal expenses, and such an amount may be charged without substantiation, even if salaried employees of the tax district performed the search or legal services; and (ii) a tax district may charge a greater amount with respect to one or more parcels upon demonstration to the satisfaction of the court having jurisdiction that such greater amount was reasonable and necessary. See N.Y. Real Property Tax Law 1102

• Lend: shall include one or more of the following services: the origination, disbursement, servicing, and/or collection of any student or parent education loan made by or on behalf of a lending institution a government entity, or an institution of higher education for the purpose of paying for higher education expenses as well as serving as a secondary market for these loans. See N.Y. New York City Administrative Code 27-881
• lender: shall mean any entity that itself or through an affiliate originates education loans, other than an entity authorized to finance the purchase or making of education loans through the issuance of bonds pursuant to the public authorities law. See N.Y. New York City Administrative Code 27-902
• Lending institution: means a bank or a lender licensed pursuant to article nine of this chapter. See N.Y. New York City Administrative Code 20-206
• Lending institution: shall mean :

  a. See N.Y. Penal Law 60.21

• Lessee: means a person who acquires the right to possession

  and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103

• Lessor: means a person who transfers the right to possession

  and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103

• lessor: means a banking organization, foreign banking corporation or a national banking association authorized to engage in the safe deposit business. See N.Y. New York City Administrative Code 17-321
• lettuce: means iceberg type lettuce. See N.Y. Uniform Commercial Code 9-103
• Liability: means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of:

  (1) (A) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations; or

  (B) any activity of any state or local government, or any agency or political subdivision thereof; and

  (2) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U. See N.Y. Real Property Tax Law 730

• License: when used in this article means any license duly issued by the superintendent pursuant to the provisions of article nine, nine-A, eleven-B, twelve-B, twelve-C, twelve-D or thirteen-B of this chapter or any registration certificate issued by the superintendent pursuant to the provisions of article twelve-D of this chapter. See N.Y. New York City Administrative Code 20-311
• 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 casher of checks: means any individual, partnership, unincorporated association or corporation duly licensed by the superintendent of financial services to engage in business pursuant to the provisions of this article. See N.Y. New York City Administrative Code 17-350
• Licensed home care services agency: means a home care services agency, issued a license pursuant to section three thousand six hundred five of this chapter. See N.Y. New York City Administrative Code 9-117
• 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
• Licensee: when used in this article means any person issued a license. See N.Y. New York City Administrative Code 20-311
• Licensee: means any person who has licensed a commercial feed manufacturing facility pursuant to section one hundred twenty-eight-a of this article. See N.Y. Tax Law 1202-AA*3
• licensee: shall mean a person whose license, pursuant to section one hundred forty-six hereof, has been issued by the commissioner and is still in effect. See N.Y. Tax Law 1202-L*4
• licensee: means a licensed casher of checks, drafts and/or money orders. See N.Y. New York City Administrative Code 17-350
• Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Uniform Commercial Code 7-201
• Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Uniform Commercial Code 7-307
• Licensing officer: means in the city of New York the police commissioner of that city; in the county of Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of police of that county; for the purposes of section 400. See N.Y. Penal Law 265.00
• Lien: means a charge against or interest in goods to secure

  payment of a debt or performance of an obligation, but the

  term does not include a security interest. See N.Y. Uniform Commercial Code 2-A-103

• Lien date: means the date on which the tax or other legal charges represented thereby became a lien, as provided by section nine hundred two of this chapter or such other general, special or local law as may be applicable, provided, that when the taxes of a school district are enforced by a tax district without being relevied by the tax district, and the lien date of the school district taxes differs from the lien date of the taxes of the tax district which are levied upon the same assessment roll, the later of the two such dates shall be deemed to be the lien date for purposes of this article. See N.Y. Real Property Tax Law 1102
• Lienholder: means a person holding a security interest in a vehicle. See N.Y. Vehicle & Traffic Law 2101
• Life care contract: shall mean a single continuing care retirement contract or a continuing care at home contract to provide a person, for the duration of such person's life, the services provided by the continuing care retirement community, which services shall include unlimited services of the affiliated community's nursing facility or affiliated nursing home. See N.Y. New York City Administrative Code 10-203
• Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-626
• Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-606
• Limited secure placement facility: means a placement facility characterized by physically restricting construction, hardware and procedures which are less restrictive than the construction, hardware and procedures of a secure placement facility. See N.Y. New York City Administrative Code 21-901
• Limited edition: means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. See N.Y. New York City Administrative Code 27-523
• Limited home care services agency: means a certified operator of an adult home or an enriched housing program which directly provides: personal care services authorized and provided in accordance with rules and regulations of the department of social services; and the administration of medications and application of sterile dressings by a registered nurse, provided, however, that the services provided by such agency are not services that must be provided to residents of such facilities pursuant to article seven of the social services law and rules and regulations of the department of social services. See N.Y. New York City Administrative Code 9-117
• limited liability company: means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability company formed pursuant to section one hundred two-a of the banking law. See N.Y. New York City Administrative Code 11-1701
• limited liability company: means a domestic limited liability company or a foreign limited liability company, as defined in section one hundred two of the limited liability company law, a limited liability investment company formed pursuant to section five hundred seven of the banking law, or a limited liability trust company formed pursuant to section one hundred two-a of the banking law. See N.Y. Tax Law 601
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement or as otherwise provided by the law of the jurisdiction under which the limited partnership or foreign limited partnership, as the case may be, is organized. See N.Y. Vehicle & Traffic Law 1274
• limited partnership: means a limited partnership formed under the laws of this state; and the terms "general partner" "limited partner" and "majority in interest of the limited partners" shall have the meanings assigned to such terms in article eight-A of the partnership law; and the term "partnership" shall have the meaning assigned to such term in article two of the partnership law. See N.Y. Uniform Commercial Code 4-A-507
• Line make: means all models of a specific brand of motor vehicle manufactured by a manufacturer that may manufacture several brands, each of which are a separate line of make; except that, as such term applies to the sale of any new house coach, means that group or those groups of house coaches, as defined by the terms of the written franchise. See N.Y. Vehicle & Traffic Law 462
• Liquefied natural or petroleum gas facility: means any structure or facility which is used for the storage or confinement of liquefied natural or petroleum gas, or for the conversion of liquefied natural or petroleum gas into natural gas. See N.Y. New York City Administrative Code 20-206
• Living unit: shall mean an apartment, room, cottage, or other area within a community set aside for the exclusive use of one or more residents, or in the case of a continuing care at home contract, the contract holder's private residence. See N.Y. New York City Administrative Code 10-203
• Living unit: shall mean an apartment, room, cottage or other area within a community set aside for the exclusive use of one or more residents. See N.Y. New York City Administrative Code 10-604
• Lloyd Sands: shall mean that geological strata generally known to be the deepest and oldest water-bearing layer of the Long Island aquifer system and shall not include bedrock. See N.Y. New York City Administrative Code 13-325
• Loaded firearm: means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm. See N.Y. Penal Law 265.00
• Loan: shall mean (i) a mortgage loan evidenced by a bond, note or other obligation of a local development corporation secured by a mortgage on a project, defined in subdivision fourteen (i) and (ii) of this section, made by a local development corporation, a project occupant or other person, firm or corporation; (ii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a loan agreement, contract or such other instrument deemed necessary or

  convenient on a project defined in subdivision fourteen (iii) of this section; (iii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a security interest in machinery and equipment as provided in section eighteen hundred fourteen; and (iv) an employee ownership assistance loan made pursuant to paragraph (v) of subdivision fourteen of this section. See N.Y. Public Authorities Law 1801

• Loan guarantee: shall mean the guaranteeing by the authority of a loan made by a banking organization on a project as defined in subdivision fourteen of this section. See N.Y. Public Authorities Law 1801
• Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing, under this article, provided that such individual does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. See N.Y. New York City Administrative Code 20-264*2
• lobbying activities: shall mean and include any attempt to influence:

  (i) the passage or defeat of any legislation or resolution by either house of the state legislature including but not limited to the introduction or intended introduction of such legislation or resolution or approval or disapproval of any legislation by the governor;

  (ii) the adoption, issuance, rescission, modification or terms of a gubernatorial executive order;

  (iii) the adoption or rejection of any rule or regulation having the force and effect of law by a state agency;

  (iv) the outcome of any rate making proceeding by a state agency;

  (v) any determination: (A) by a public official, or by a person or entity working in cooperation with a public official related to a governmental procurement, or (B) by an officer or employee of the unified court system, or by a person or entity working in cooperation with an officer or employee of the unified court system related to a governmental procurement;

  (vi) the approval, disapproval, implementation or administration of tribal-state compacts, memoranda of understanding, or any other tribal-state agreements and any other state actions related to Class III gaming as provided in 25 U. See N.Y. Tax Law 3013

• lobbyist: shall mean every person or organization retained, employed or designated by any client to engage in lobbying. See N.Y. Tax Law 3013
• Local assessing jurisdiction: means the town, city, village or county assessing unit that establishes the assessment rolls for such town, city, village or county. See N.Y. Real Property Tax Law 499-HHHH
• Local assessing jurisdiction: means the town, city, village or county assessing unit that establishes the assessment rolls for such town, city, village or county with a population of more than nine hundred forty thousand and less than one million two hundred thousand inhabitants according to the last decennial census. See N.Y. Real Property Tax Law 499-TTTT
• Local development corporation: shall mean a non-profit corporation incorporated or reincorporated under the laws of this state, regardless of its particular name, which shall meet the additional requirements of section eighteen hundred twenty-five of this title. See N.Y. Public Authorities Law 1801
• Local district pension system: shall mean any teachers' retirement system or other arrangement for the payment of pensions or annuities to teachers exclusive of the retirement fund, created in any city or school district of this state prior to the first day of August, nineteen hundred twenty-one. See N.Y. New York City Administrative Code 27-2117
• Local energy-related public utility mass real property: means energy-related public utility mass real property that is located in counties with a population of more than nine hundred forty thousand and less than one million two hundred thousand inhabitants according to the last decennial census. See N.Y. Real Property Tax Law 499-TTTT
• Local government: shall mean , unless otherwise expressly stated or unless the context otherwise requires, a county, city or town with the power to assess real property for the purpose of taxation. See N.Y. Real Property Tax Law 522
• 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. New York City Administrative Code 27-685
• Local government: when used in this title, unless otherwise expressly stated or unless the context otherwise requires, means a county, city or town with the power to assess real property for the purpose of taxation. See N.Y. Real Property Tax Law 308
• Local income taxes: when used in this chapter shall mean an income tax imposed by a political subdivision of a state. See N.Y. New York City Administrative Code 11-501
• Local legislative body: shall mean the legislative body of a county; the council, common council or board of aldermen and the board of estimate, the board of estimate and apportionment or board of estimate and contract, if there be one, of a city; the town board of a town and the village board of a village. See N.Y. New York City Administrative Code 13-172
• local legislative body: shall mean the board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body of a municipality now or hereafter vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws, ordinances and budgets, whether or not such local laws, ordinances or budgets require approval of the elective chief executive officer or other official or body to become effective. See N.Y. Tax Law 3013
• Local officer: shall mean and include a local officer as defined in section two of the public officers law and any officer of a public benefit corporation. See N.Y. New York City Administrative Code 27-685
• Local parties: shall mean persons residing in a community who may be affected by the proposed major electric generating facility who individually or collectively seek intervenor funding pursuant to sections one hundred sixty-three and one hundred sixty-four of this article. See N.Y. New York City Administrative Code 13-140
• Local public utility mass real property: means public utility mass real property that is located in a particular town, village, city or county assessing unit and under the same ownership. See N.Y. Real Property Tax Law 499-HHHH
• Locality: means the state, a town, city, village or other civil division or area of the state as determined by the fiscal officer. See N.Y. Social Services Law 461-A
• Long term home health care program: means a coordinated plan of care and services provided at home to invalid, infirm, or disabled persons who are medically eligible for placement in a hospital or residential health care facility for an extended period of time if such program were unavailable. See N.Y. New York City Administrative Code 9-117
• lost property: as used in this article includes lost or mislaid property. See N.Y. Vehicle & Traffic Law 1809-C
• Lot: means a parcel or a single article that is the subject

  matter of a separate lease or delivery, whether or not it is

  sufficient to perform the lease contract. See N.Y. Uniform Commercial Code 2-A-103

• lot: means a definite quantity of seed which is identified by a lot number or other mark, and which has been so handled that each portion or container is representative of the whole quantity. See N.Y. Tax Law 1202-E
• Low-level radioactive waste: means radioactive material that:

  a. See N.Y. New York City Administrative Code 20-275

• Machine-gun: means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun. See N.Y. Penal Law 265.00
• Magazine: means any building or other structure, other than an explosives factory, used to store explosives. See N.Y. Tax Law 601
• mail: means to deposit in the United States mail properly addressed and with postage prepaid. See N.Y. Vehicle & Traffic Law 2101
• Maintenance: shall mean the amount charged for room and board, residential care and medical expenses, including those expenses reimbursable pursuant to title nineteen of the federal social security act, defined in accordance with the regulations of the commissioner of social services for a child care institution pursuant to section three hundred ninety-eight-a of the social services law. See N.Y. Penal Law 220.06
• Major electric generating facility: means an electric generating facility with a nameplate generating capacity of twenty-five thousand kilowatts or more, including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under article seven of this chapter. See N.Y. New York City Administrative Code 13-140
• Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. New York City Administrative Code 13-114
• Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. New York City Administrative Code 13-125.1
• Major utility transmission facility: means : (a) an electric transmission line of a design capacity of one hundred twenty-five kilovolts or more extending a distance of one mile or more, or of one hundred kilovolts or more and less than one hundred twenty-five kilovolts, extending a distance of ten miles or more, including associated equipment, but shall not include any such transmission line located wholly underground in a city with a population in excess of one hundred twenty-five thousand or a primary transmission line approved by the federal energy regulatory commission in connection with a hydro-electric facility; and (b) a fuel gas transmission line extending a distance of one thousand feet or more to be used to transport fuel gas at pressures of one hundred twenty-five pounds per square inch or more, excluding appurtenant facilities, but shall not include any such transmission line which is located wholly underground in a city or wholly within the right of way of a state, county or town highway or village street as those terms are defined in article one of the highway law and article six of the village law, or which replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile. See N.Y. New York City Administrative Code 12-303
• making: includes preparation, alteration, repair or finishing, in whole or in part, or handling in any way. See N.Y. Social Services Law 472-N
• maltreated child: includes a child under eighteen years of age:

  (a) defined as a neglected child by the family court act, or

  (b) who has had serious physical injury inflicted upon him or her by other than accidental means;

  3. See N.Y. Social Services Law 412

• Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Family Court Law 713
• Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Penal Law 70.02
• Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See N.Y. New York City Administrative Code 20-297.7
• Manual worker: means a mechanic, workingman or laborer. See N.Y. Social Services Law 409-F
• Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See N.Y. Tax Law 1202-AA*3
• manufactured home: means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined in subdivision five of this section, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development. See N.Y. New York City Administrative Code 22-267
• manufactured home park: means a contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living. See N.Y. New York City Administrative Code 22-267
• manufactured home resident: means one who rents space in a manufactured home park from a manufactured home park owner or operator for the purpose of locating his or her manufactured home or one who rents a manufactured home in a manufactured home park from a manufactured home park owner or operator. See N.Y. New York City Administrative Code 22-267
• Manufacturer: means any person, partnership, corporation, association, factory branch or other entity engaged in the business of manufacturing or assemblying new and unused motor vehicles for sale in this state. See N.Y. Vehicle & Traffic Law 462
• Manufacturing plant: shall include a plant used in connection with making, creating,

  working,

  preparing,

  processing,

  milling, manufacturing, finishing, fashioning, fabricating, or producing in any manner, goods, wares, merchandise, metals, fabrics, materials, products or substances of any kind or nature. See N.Y. Public Authorities Law 1801

• Marijuana: means marijuana as defined in section thirty-three hundred two of this chapter and shall also include tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol. See N.Y. New York City Administrative Code 9-105
• market: shall mean any building, structure or place owned by the city or located on property owned by the city or under lease to or in the possession of the city or any part of a street, avenue, parkway, plaza, square or other public place designated as a public market by resolution of the former board of estimate of the city or a local law enacted by the city council to be used or intended to be used for the wholesale buying, selling or keeping of food, flowers or ornamental plants and shall continue to be public property notwithstanding that such public wholesale market is operated pursuant to a lease or other agreement with a non-governmental entity; except that the term "public wholesale market" shall not, unless otherwise set forth in this chapter, include any building, structure or place within the fulton fish market distribution area or other seafood distribution area as defined in section 22-202 of this code. See N.Y. New York City Administrative Code 22-251
• Market: means a line, subline or classification (other than a classification delineated by geographic location) of property/casualty insurance not subject to subsection (b) of section two thousand three hundred five, section two thousand three hundred twenty-eight or section three thousand four hundred twenty-five of this chapter. See N.Y. Real Property Tax Law 589-A
• Market business: shall mean any business located or operating within a market that is engaged in providing goods or services to wholesalers or retail purchasers in such market that are related to the conduct of a wholesale business or the purchase of food or related agricultural products or horticultural products by retailers or others, or that receives such goods within a market for delivery, forwarding, transfer or further distribution outside such market. See N.Y. New York City Administrative Code 22-251
• Mass layoff: means a reduction in force which:

  (a) is not the result of a plant closing; and

  (b) results in an employment loss at a single site of employment during any thirty-day period for:

  (i) at least thirty-three percent of the employees (excluding part-time employees); and

  (ii) at least twenty-five employees (excluding part-time employees); or

  (iii) at least two hundred fifty employees (excluding part-time employees). See N.Y. Tax Law 1262-A

• Master: when used alone is used in lieu of and means the same as such things as printing plate, stone, block, screen, photographic negative or other like material which contains an image used to produce visual art objects in multiples, or in the case of sculptures, a mold, model, cast, form or other prototype, other than from glass, which additional multiples of sculpture are produced, fabricated or carved. See N.Y. New York City Administrative Code 27-523
• Master settlement agreement: means the settlement agreement (and related documents) entered into on November twenty-third, nineteen hundred ninety-eight by the state and leading United States tobacco product manufacturers. See N.Y. Family Court Law 1036
• Material change in level of assessment: means a change in level of assessment of two percent or more in any one year. See N.Y. Real Property Tax Law 1220
• mayor: shall mean the mayor of the city of New York. See N.Y. Penal Law 260.05
• Meat: means the edible part of the muscle of cattle, swine, sheep, goats, horses and other large domesticated animals which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See N.Y. Public Authorities Law 1835-D
• Meat: means the entire bodies, carcasses or portions thereof of animals or birds. See N.Y. Public Authorities Law 1837-C
• Meat by-product: means any edible part other than meat which has been derived from cattle, swine, sheep, goats, horses and other large domesticated animals. See N.Y. Public Authorities Law 1835-D
• Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any animal, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See N.Y. Public Authorities Law 1835-D
• Meat label: means a display of written, printed, or graphic matter authorized by the provisions of the federal law on a container indicating the meat, meat by-products, or meat food products contained therein have been inspected and passed. See N.Y. Public Authorities Law 1835-D
• Mechanical restraint: means the use of a mechanical device to restrict the movement or normal function of a portion of a child's body, including but not limited to, handcuffs, leg cuffs, daisy chains or waist restraint. See N.Y. New York City Administrative Code 21-901
• Medical control: means : (a) advice and direction provided by a physician or under the direction of a physician to certified first

  responders, emergency medical technicians or advanced emergency medical technicians who are providing medical care at the scene of an emergency or en route to a health care facility; and (b) indirect medical control including the written policies, procedures, and protocols for prehospital emergency medical care and transportation developed by the state emergency medical advisory committee, approved by the state emergency medical services council and the commissioner, and implemented by regional medical advisory committees. See N.Y. New York City Administrative Code 8-205

• Medical equipment service agency: means any person engaged in the business of providing home medical equipment services, whether directly or through a contractual arrangement, to an individual at their place of residence. See N.Y. New York City Administrative Code 9-143
• Medical home: means an organized system of medical care for an individual patient that embraces all of the patient's potential medical needs, including primary, secondary, and tertiary health care as well as emergency care. See N.Y. New York City Administrative Code 8-1008
• Medical physics: shall mean the branch of physics limited to the field of radiological physics. See N.Y. Uniform Commercial Code 9-617
• Medically futile: means that cardiopulmonary resuscitation will be unsuccessful in restoring cardiac and respiratory function or that the patient will experience repeated arrest in a short time period before death occurs. See N.Y. New York City Administrative Code 7-501
• Medicare-only ACO: means an ACO issued a certificate of authority under subdivision four of section twenty-nine hundred ninety-nine-p of this article. See N.Y. New York City Administrative Code 8-122
• Meeting: means the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. See N.Y. New York City Administrative Code 11-2117
• member: means a member of such mutual holding company as provided in subsection (c) of section eight thousand seventeen of this article. See N.Y. Retirement & Social Security Law 73
• Member insurer: means any life insurance company licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article; provided, however, that the term "member insurer" also means any life insurance company formerly licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article. See N.Y. Retirement & Social Security Law 19-A
• Member of a holding company system: shall include a holding company, a controlled insurer, a controlled person, and any person who alone or in concert with any other persons directly or indirectly controls a holding company or controls a person who controls a holding company. See N.Y. Real Property Tax Law 422
• member of the armed forces: shall include active duty military personnel; members of the reserve components of the armed forces; members of the national guard on active duty, including personnel on full time active guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. See N.Y. Vehicle & Traffic Law 501-A
• Membership interests: means , with reference to an institution that is a mutual life insurer or a mutual holding company, the rights as members arising under the charter of such institution or this chapter or otherwise by law including the rights to vote and to participate in any distribution of the surplus of such institution, whether or not incident to a liquidation thereof. See N.Y. Retirement & Social Security Law 73
• Mental hygiene facility: means a facility operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities as defined in subdivision six of section 1. See N.Y. New York City Administrative Code 7-626
• Mental hygiene facility: means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities. See N.Y. New York City Administrative Code 7-606
• Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-626
• Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-501
• Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-606
• Merchant lessee: means a lessee that is a merchant with

  respect to goods of the kind subject to the lease. See N.Y. Uniform Commercial Code 2-A-103

• Merged company: shall mean a neighborhood preservation company maintaining a contract pursuant to section nine hundred three of this article that has undergone a merger with one or more other neighborhood preservation companies, which is also maintaining a contract pursuant to section nine hundred three of this article, that has led the merged companies to reduce the number of contracts being maintained with the division pursuant to section nine hundred three of this article to a total of one. See N.Y. Family Court Law 580-208
• Merged corporation: shall mean a not-for-profit corporation maintaining a contract pursuant to section one thousand three of this article that has undergone a merger with one or more other not-for-profit corporation, which is also maintaining a contract pursuant to section one thousand three of this article, that has led the merged corporations to reduce the number of contracts being maintained with the division pursuant to section one thousand three of this article to a total of one. See N.Y. Family Court Law 580-312
• merger: means a procedure in which two or more limited liability companies or other business entities merge into a single limited liability company or other business entity that shall be one of the constituent limited liability companies or other business entities, and "consolidation" means a procedure in which two or more limited liability companies or other business entities consolidate into a single limited liability company or other business entity that shall be a new limited liability company or other business entity to be formed pursuant to the consolidation. See N.Y. Uniform Commercial Code 4-A-502
• Merger: means a procedure of the character described in subparagraph (a) (1). See N.Y. Vehicle & Traffic Law 509-R
• merger: shall mean a procedure in which two or more limited partnerships merge into a single limited partnership which shall be one of the constituent limited partnerships and "consolidation" shall mean a procedure in which two or more limited partnerships consolidate into a single limited partnership which shall be a new limited partnership to be formed pursuant to the consolidation. See N.Y. Vehicle & Traffic Law 1662
• Metal knuckle knife: means a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife. See N.Y. Penal Law 265.00
• military court: as used in this article , means a court-martial, a court of inquiry or a provost court. See N.Y. Vehicle & Traffic Law 111
• military service: means duty by a person, male or female, in the active military service of the United States as defined in section one of this chapter and active duty in the military service of the state pursuant to an order of the governor issued pursuant to section six or seven of this chapter. See N.Y. Vehicle & Traffic Law 127
• Mine: means any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the department. See N.Y. New York City Administrative Code 20-234
• Mined land-use plan: means a document, consisting of a mining plan and a reclamation plan, which describes proposals for conduct of the applicant's mining operation and reclamation of the land to be mined to achieve the purposes of this title. See N.Y. New York City Administrative Code 20-234
• Mineral: means any naturally formed, usually inorganic, solid material located on or below the surface of the earth. See N.Y. New York City Administrative Code 20-234
• Minerals: means all minerals and rocks, more particularly any inorganic substance which can be extracted from the earth, excepting gas, oil and water. See N.Y. New York City Administrative Code 11-1010
• Minimum required expenditure: means expenditure for commercial, renovation or industrial construction work in an amount equal to twenty per centum of the initial assessed value; provided, however, that with respect to a recipient who filed an application on or after July first, nineteen hundred ninety-five for a certificate of eligibility for industrial construction work or for commercial construction work in a special exemption area or a regular exemption area, minimum required expenditure means expenditure for such work in an amount equal to ten per centum of the initial assessed value; provided, however, that with respect to a recipient who filed an application on or after July first,

  nineteen hundred ninety-five for a certificate of eligibility for industrial construction work and for the purpose of receiving an abatement of real property taxes in accordance with paragraph (c) of subdivision one of section four hundred eighty-nine-bbbb of this title, minimum required expenditure means expenditure for such work in an amount equal to twenty-five per centum of the initial assessed value; and provided further that if the department of finance, after consultation with the deputy mayor for finance and economic development, determines that a greater expenditure is required to encourage significant industrial and commercial development it may establish by rule a higher percentage of initial assessed value, not to exceed fifty per centum thereof, as the minimum required expenditure. See N.Y. Real Property Tax Law 489-AAAA

• Minimum required expenditure: means expenditure for residential construction work or a combination of residential construction work and commercial construction work in an amount equal to twenty per centum of the initial assessed value; provided, however, that if the department of finance, after consultation with the deputy mayor for finance and economic development, determines that a greater expenditure is required to encourage significant development of mixed-use property, it may establish by rule a higher percentage of initial assessed value, not to exceed fifty per centum thereof, as the minimum required expenditure. See N.Y. Real Property Tax Law 489-AAAAA
• Minimum required expenditure: means the amount that an applicant must expend on construction work for a project in order to qualify for benefits as provided in this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Mining: means the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. See N.Y. New York City Administrative Code 20-234
• Mining plan: means a description of the applicant's mining operation which shall include maps, plans, written materials and other documents as required by the department. See N.Y. New York City Administrative Code 20-234
• Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-626
• Minor: shall mean any person under the age of eighteen years. See N.Y. New York City Administrative Code 16-111.1
• Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-501
• Mitigation: means the investigation, sampling, management, or treatment of a solid waste site or drinking water contamination site required to ensure the availability of safe drinking water, including public water systems and individual onsite water supply systems necessary to meet standards, criteria, and guidance values established by the department or drinking water standards, including maximum contaminant levels, notification levels, maximum residual disinfectant levels, or action levels established by the department of health that can be successfully carried out with available, implementable and cost-effective technology. See N.Y. New York City Administrative Code 20-345
• Mixed meeting: means a race meeting which has a combination of thoroughbred, quarter horse, Appaloosa, paint, and/or Arabian racing on the same race program. See N.Y. New York City Administrative Code 15-217
• Mixed-use construction exemption area: means any area of a city having a population of one million or more persons, in which, subject to the applicable law governing zoning in such city, mixed-use property is permitted, provided, however, that in the city of New York, subject to the applicable law governing zoning in such city, mixed-use construction exemption area shall mean: the area in the borough of Manhattan bounded by Murray Street on the north starting at the intersection of West Street and Murray Street; running easterly along the center line of Murray Street; connecting through City Hall Park with the center line of Frankfort Street and running easterly along the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza to the center line of State Street and running northwesterly along the center line of State Street to the intersection of State Street and Battery Place; running westerly along the center line of Battery Place to the intersection of Battery Place and West Street; and running northerly along the center line of West Street to the intersection of West Street and Murray Street. See N.Y. Real Property Tax Law 489-AAAAA
• Mixed-use property: means property on which exists, or will exist upon completion of construction work, a building or structure used for both residential and nonresidential purposes. See N.Y. Real Property Tax Law 489-AAAA
• Mixed-use property: means property on which will exist, after completion of residential construction work or a combination of residential construction work and commercial construction work, a building or structure used for both residential and commercial purposes, provided that after completion of such construction work, more than twenty-five per centum of the aggregate floor area of such building or

  structure is used or held out for use as commercial, community facility or accessory use space. See N.Y. Real Property Tax Law 489-AAAAA

• Mixed-use property: means property on which exists, or will exist upon completion of construction work, a building or structure used for both residential and nonresidential purposes. See N.Y. Real Property Tax Law 489-AAAAAA
• Mobile telecommunications customer: shall mean either (A) a person or entity that contracts with a home service provider for mobile telecommunications services; or (B) if the end user of mobile telecommunications services is not the contracting party, the end user of the mobile telecommunications service, but this clause (B) applies only for the purpose of determining the place of primary use. See N.Y. Tax Law 1101
• Mobile telecommunications service: shall mean commercial mobile radio service. See N.Y. Tax Law 1101
• mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See N.Y. New York City Administrative Code 17-350
• Month: means a calendar month or a regularly established fiscal month. See N.Y. Social Services Law 409-F
• Monthly care fee: shall mean the monthly cost to a resident for prepayment of any services, including rent, rendered pursuant to a contract, exclusive of entrance fees or other prepayments, and any other regular periodic charges to the resident, determined on a monthly basis, pursuant to the provisions of a contract. See N.Y. New York City Administrative Code 10-203
• Monthly care fee: shall mean the monthly cost to a resident for prepayment of any services, including rent, rendered pursuant to a contract, exclusive of entrance fees or other prepayments, and any other

  regular periodic charges to the resident, determined on a monthly basis, pursuant to the provisions of a contract. See N.Y. New York City Administrative Code 10-604

• monuments: means a memorial erected in a cemetery on a lot, plot or part thereof, except private mausoleums. See N.Y. Vehicle & Traffic Law 1130
• mortgage: shall include housing loans as defined below. See N.Y. Public Authorities Law 2402
• mortgage banker: shall mean a person or entity who or which is licensed pursuant to section five hundred ninety-one of this chapter to engage in the business of making mortgage loans in this state;

  (g) "Registrant" or "mortgage broker" shall mean a person or entity registered pursuant to section five hundred ninety-one-a of this chapter to engage in the business of soliciting, processing, placing or negotiating mortgage loans for others, or offering to solicit, process, place or negotiate mortgage loans for others;

  (h) "Mortgage loan servicer" or "servicer" shall mean a person or entity registered pursuant to subdivision two of this section to engage in the business of servicing mortgage loans for property located in this state;

  (i) "Servicing mortgage loans" shall mean receiving any scheduled periodic payments from a borrower pursuant to the terms of any mortgage loan, including amounts for escrow accounts under section six-k of this chapter, title three-A of article nine of the real property tax law or section ten of 12 U. See N.Y. New York City Administrative Code 20-244

• Mortgage investing institution: means any bank, trust company, national bank, savings bank, savings and loan association, federal savings bank, federal savings and loan association, private banker, credit union, federal credit union, investment company, pension fund, licensed mortgage banker or any other entity which maintains a real property tax escrow account for real property located in this state. See N.Y. Real Property Tax Law 952
• Mortgage investments: shall mean and include any and all shares and interests, heretofore or hereafter acquired, in an issue of bonds, notes or other evidence of indebtedness of individuals, partnerships, associations or corporations, held by more than one person and secured by a mortgage or mortgages upon real property, or by a deed or deeds of trust, trust indenture or indentures or other evidence of interest in real property, the payment of which is not guaranteed by any title and mortgage guaranty corporation or investment company and shall include certificates of deposit issued by or on behalf of a bondholders' protective committee or similar group and also any bonds, notes or other evidences of indebtedness taken in lieu of such real property by foreclosure or otherwise, provided, however, that it shall not include industrial securities. See N.Y. New York City Administrative Code 17-1003
• Mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage or deed of trust on residential real property, any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property or, if determined by the superintendent by regulation, shall include such a loan secured by a security interest on a manufactured home;

  (b) "Residential real property" shall mean real property located in this state improved by a one-to-four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed;

  (c) "Making a mortgage loan" shall mean for compensation or gain, either directly or indirectly, advancing funds, offering to advance funds, or making a commitment to advance funds to an applicant for a mortgage loan or a mortgagor as a mortgage loan;

  (d) "Soliciting, processing, placing or negotiating a mortgage loan" shall mean for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party;

  (e) "Exempt organization" shall mean any insurance company, banking organization, foreign banking corporation licensed by the superintendent or the comptroller of the currency to transact business in this state, national bank, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any instrumentality created by the United States or any state with the power to make mortgage loans. See N.Y. New York City Administrative Code 20-244

• Mortgage Loan Originator: means an individual who for compensation or gain or in the expectation of compensation or gain:

  (i) takes a residential mortgage loan application; or

  (ii) offers or negotiates terms of a residential mortgage loan. See N.Y. New York City Administrative Code 20-264*2

• Mortgagor: means a person having title to and occupying a one to six family residence which is located in this state and is subject to a mortgage. See N.Y. Real Property Tax Law 952
• Motel or hotel: shall mean establishments distinguished as hotels, motels, bungalow colonies, or any other establishment comparable or equivalent to any of those previously mentioned. See N.Y. Family Court Law 924
• mother: refers to the mother of a child born out of wedlock. See N.Y. Family Court Law 512
• motor fuel: means motor fuel as defined in subdivision two of section two hundred eighty-two of this chapter. See N.Y. Tax Law 1101
• motor vehicle: shall include trailers and all vehicles included in the definition of the term "motor vehicle" contained in section one hundred twenty-five of this chapter except the following:

  1. See N.Y. Vehicle & Traffic Law 308

• motor vehicle: shall mean motor vehicles as defined by section one hundred twenty-five and trailers as defined by section one hundred fifty-six of this chapter. See N.Y. Vehicle & Traffic Law 398-B
• motor vehicle: means a motor vehicle commonly classified as a passenger automobile, sport utility vehicle, light truck, pick up truck, van, minivan, or suburban, with a gross vehicle weight rating of ten thousand pounds or less. See N.Y. Vehicle & Traffic Law 415
• Motor vehicle: includes every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven invalid chairs being operated or driven by an invalid, (b) vehicles which run only upon rails or tracks, and (c) snowmobiles as defined in article forty-seven of the vehicle and traffic law. See N.Y. Penal Law 150.00
• Motor vehicle: means : (a) any motor vehicle as defined in section one hundred twenty-five of this chapter, (b) any snowmobile as defined in article forty-seven of this chapter, (c) any all terrain vehicle as defined in article forty-eight-B of this chapter and (d) any personal watercraft as defined in section two of the navigation law, provided the commissioner shall have authority to except by regulation vehicles other than passenger automobiles, trucks and motorcycles from such definition. See N.Y. Vehicle & Traffic Law 462
• motor vehicle repair shop: means any person who, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damaged by accident or otherwise, except that such term does not include:

  (a) an employee of a motor vehicle repair shop who engages in the business of repairing motor vehicles solely by reason of his employment;

  (b) any person who is solely engaged in the business of repairing the motor vehicles of a single commercial or industrial establishment, or of the federal, state or a local government or any agency thereof; or

  (c) any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, or such other minor repair and servicing functions as the commissioner shall by rule prescribe; or

  (d) any person solely engaged in the business of repairing farm or road building machines, or such other utility vehicles as the commissioner may by regulation designate. See N.Y. Vehicle & Traffic Law 398-B

• Multi-jurisdictional account wagering provider: means a business entity domiciled in a jurisdiction, other than the state of New York, that does not operate either a simulcast facility that is open to the public within the state of New York or a licensed or franchised racetrack within the state, but which is licensed by such other jurisdiction to offer pari-mutuel account wagering on races such provider simulcasts and other races it offers in its wagering menu to persons located in or out of the jurisdiction issuing such license. See N.Y. New York City Administrative Code 15-217
• multiples: means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. See N.Y. New York City Administrative Code 27-523
• Municipal: means a city, town, county, village, school district or special district as defined by section one hundred two of the real property tax law. See N.Y. Family Court Law 761
• municipal agency: shall mean : (i) any department, board, bureau, commission, division, office, council, committee or officer of a municipality, whether permanent or temporary; or (ii) an industrial development agency, located in a jurisdictional subdivision of the state with a population of more than fifty thousand, or local public benefit corporation, as that term is defined in section sixty-six of the general construction law. See N.Y. Tax Law 3013
• Municipal bonds: means municipal obligation bonds and special revenue bonds. See N.Y. Real Property Tax Law 987
• Municipal cooperation agreement: means an appropriate cooperative agreement authorized by article five-G of the general municipal law. See N.Y. Real Property Tax Law 511
• Municipal corporation: means a county, city, town or village or an entity designated to act on behalf of such. See N.Y. New York City Administrative Code 17-335
• Municipal corporation: means within the state of New York, a city with a population of less than one million or a county outside the city of New York, town, village, board of cooperative educational services, school district, a public library, as defined in section two hundred fifty-three of the education law, or district, as defined in section one hundred nineteen-n of the general municipal law. See N.Y. Real Property Tax Law 511
• Municipality: shall mean any city, town or village within the state. See N.Y. Family Court Law 580-208
• Municipality: shall mean any unit of local government within the state with a population of more than twenty thousand persons. See N.Y. Family Court Law 580-307
• Municipality: means the same as such term as defined in section 56-0101 of this chapter. See N.Y. New York City Administrative Code 16-307.1
• Municipality: means any county, town, city and village. See N.Y. Public Authorities Law 2422
• municipality: shall mean any jurisdictional subdivision of the state, including but not limited to counties, cities, towns, villages, improvement districts and special districts, with a population

  of more than five thousand, and industrial development agencies in jurisdictional subdivisions with a population of more than five thousand; and public authorities, and public corporations. See N.Y. Tax Law 3013

• Municipality: means any town, city, county or village. See N.Y. New York City Administrative Code 20-331
• Municipality: means a county, city, town or village in the state. See N.Y. New York City Administrative Code 12-303
• Municipality: shall mean any county, town, village, city, school district, board of cooperative educational services, other special district, or any office or agency thereof. See N.Y. Penal Law 400.01
• Municipality: means a county, city, town or village in the state. See N.Y. New York City Administrative Code 13-114
• Municipality: means a county, city, town or village in the state. See N.Y. New York City Administrative Code 13-125.1
• Municipality: means a county, city, town or village located in this state. See N.Y. New York City Administrative Code 13-140
• Municipality: shall mean any county, city, town or village in the state. See N.Y. Public Authorities Law 1801
• Municipality: shall mean the city, town or village in which a community development corporation conducts or proposes to conduct its activities. See N.Y. Family Court Law 353.4
• Municipality: shall mean any village, town, city or county not wholly contained within a city in the state. See N.Y. New York City Administrative Code 13-154
• mutual: when applied to a redevelopment company shall mean a redevelopment company which is a corporation operated exclusively for the benefit of the persons or families who are entitled to occupancy in a project of such redevelopment company by reason of ownership of shares in such redevelopment company. See N.Y. Family Court Law 320.2
• Mutual aid agreement: means a written agreement, entered into by two or more ambulance services or advanced life support first response services possessing valid ambulance service or advanced life support first response service certificates or statements of registration, for the organized, coordinated, and cooperative reciprocal mobilization of personnel, equipment, services, or facilities for back-up or support upon request as required pursuant to a written mutual aid plan. See N.Y. New York City Administrative Code 8-205
• Mutual holding company: means a corporation organized under section eight thousand seventeen of this article. See N.Y. Retirement & Social Security Law 73
• Mutual life insurer: means a domestic mutual life insurer. See N.Y. Retirement & Social Security Law 73
• NAHA: shall mean the national affordable housing act, 42 U. See N.Y. Family Court Law 651
• narcotics indictment: means an indictment charging a crime that is prosecutable in any county wholly contained in a city within cities having a population of one million or more involving the sale or possession of a narcotic drug and any other offense properly joined therewith. See N.Y. Social Services Law 49
• National Register: means the national register of historic places authorized by the National Historic Preservation Act of 1966. See N.Y. Family Court Law 766
• Native species: means , with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem. See N.Y. New York City Administrative Code 11-659
• Natural gas: means natural or petroleum gas in a non-liquid or gaseous state, whether under pressure or otherwise, and whether or not the product of conversion from liquefied natural gas or liquefied petroleum gas. See N.Y. New York City Administrative Code 20-206
• Neglected child: means a child less than eighteen years of age

  (i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care

  (A) in supplying the child with adequate food, clothing, shelter or education in accordance with the provisions of part one of article sixty-five of the education law, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or

  (B) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the

  respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as set forth in paragraph (i) of this subdivision; or

  (ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by his parents or other person legally responsible for his care. See N.Y. Family Court Law 1012

• Neighborhood preservation activities: shall mean activities engaged in by a neighborhood preservation company within a geographically defined neighborhood of a municipality, provided, however, that the division may fund a neighborhood preservation company to engage in such activities in unserved and underserved areas of the municipality lying outside of its initially designated neighborhood area, that are designed (a) to construct, maintain, preserve, repair, renovate, upgrade, improve, modernize, rehabilitate or otherwise prolong the useful life and to manage and coordinate the rehabilitation of residential dwelling accommodations within such neighborhood, to restore abandoned and vacant as well as occupied housing accommodations to habitable condition; to demolish structurally unsound or unsafe or otherwise unsightly or unhealthy structures which no longer serve or can economically be made to serve a useful purpose consistent with stabilizing or improving a neighborhood; to seal and maintain vacant but structurally sound structures which are capable of being rehabilitated at a future time and used for housing purposes; to acquire, where appropriate, buildings which contain housing accommodations; to facilitate

  the

  disposition of buildings containing housing accommodations to individual occupants thereof or to cooperative groups whose members shall be occupants thereof; to assist owners, occupants and tenants of housing accommodations to obtain improvements in the physical conditions thereof and in the maintenance and management thereof; and to manage housing accommodations as agents for the owners thereof or administrators or receivers appointed or designated pursuant to any law of the state; and (b) to accomplish similar purposes and meet similar needs with respect to retail and service establishments within such neighborhoods when carried out in connection with and incidental to a program of housing related activities. See N.Y. Family Court Law 580-208

• Neighborhood preservation company: shall mean a corporation organized under the provisions of the not-for-profit corporation law which has been engaged primarily in one or more of the neighborhood preservation activities specified in subdivision five of this section. See N.Y. Family Court Law 580-208
• Net earnings from self-employment: means the same as net earnings from self-employment as defined in subsection (a) of section fourteen hundred two of the internal revenue code, except that the deduction for wages and salaries paid or incurred for the taxable year which is not allowed pursuant to section two hundred eighty C of such code shall be allowed, and except that an estate or trust shall be deemed to have net earnings from self-employment determined in the same manner as if it were an individual subject to the tax on self-employment income imposed by section fourteen hundred one of the internal revenue code diminished by: (1) the amount of any deduction allowed by subsection (c) of section six hundred forty-two of the internal revenue code and (2) the deductions allowed by sections six hundred fifty-one and six hundred sixty-one of said code to the extent that they represent distributions or payments to a resident of the city. See N.Y. New York City Administrative Code 11-1901
• Net loss of cash income: shall mean the amount by which a family's gross income less any necessary work-related expenses is less than the cash assistance the individual was receiving at the time of receiving an offer of employment. See N.Y. Social Services Law 330
• Network: shall mean a group of programs distributed, packaged, promoted or sold to subscribers as the offering of a single entity, including but not limited to, a channel or station. See N.Y. New York City Administrative Code 13-154
• Network change: shall mean the removal of a network from a service tier whether or not added to another tier or a substantial alteration of the character of a network by a cable television company

  or an affiliate it controls. See N.Y. New York City Administrative Code 13-154

• New construction exemption areas: means the areas specified in subdivision six of section four hundred eighty-nine-cccc of this title in which an exemption from real property taxes in accordance with subdivision five-a of section four hundred eighty-nine-bbbb of this title shall be available to a recipient who constructs a new building or structure that meets the requirements set forth in subdivision nine of section four hundred eighty-nine-dddd of this title. See N.Y. Real Property Tax Law 489-AAAA
• New entrant: shall mean any teacher who is a member of the retirement system except a present teacher. See N.Y. New York City Administrative Code 27-2117
• new motor vehicle: means a motor vehicle commonly classified as a passenger automobile, sport utility vehicle, light truck, pick up truck, van, minivan or suburban which meets any one or more of the following criteria:

  (i) a motor vehicle which has not been placed in consumer use; or

  (ii) a motor vehicle which has not been transferred to someone other than a distributor, new motor vehicle dealer, or qualified dealer; or

  (iii) a motor vehicle which has less than one thousand miles on the odometer. See N.Y. Vehicle & Traffic Law 415

• New motor vehicle: means a vehicle sold or transferred by a manufacturer, distributor or dealer, which has not been placed in consumer use or used as a demonstrator. See N.Y. Vehicle & Traffic Law 462
• New motor vehicle dealer: means a dealer who engages in the activities described in paragraph a of this subdivision if such activities relate to new motor vehicles and if such dealer is party to a franchise, as the terms "new motor vehicle" and "franchise" are defined in section four hundred sixty-two of this title; provided, however, for purposes of this definition, a new motor vehicle shall include only those motor vehicles commonly classified as a passenger automobile, sport utility vehicle, light truck, pickup truck, van, minivan, or suburban, with a gross vehicle weight rating of ten thousand pounds or less, and shall not include (i) any such vehicle which has been converted for use as a tow truck, or (ii) a motor vehicle for which the current ownership document is a statement of acquisition issued pursuant to section four hundred twenty-nine of this title, a salvage certificate, salvage certificate of title, nonrepairable certificate, or similar document issued by any state or jurisdiction; or (iii) any motor vehicle commonly classified as a bus, school bus, garbage truck, marine trailer, tow truck, motorcycle, recreational vehicle, snowmobile, trailer, mobile home or construction equipment; and provided further that: (i) a dealer is a new motor vehicle dealer only with respect to those vehicles which are of the same make as those which that dealer is authorized to sell at that location pursuant to a valid franchise agreement; and (ii) a dealer is not acting as a new motor vehicle dealer when displaying, advertising, storing and/or demonstrating a new mobility vehicle. See N.Y. Vehicle & Traffic Law 415
• New motor vehicle product: means any motor vehicle which is of the same line make of motor vehicle as those which the franchisor has authorized its existing franchised motor vehicle dealers to sell under the existing franchises between franchised motor vehicle dealers and the franchisor. See N.Y. Vehicle & Traffic Law 462
• New York instrument: means a money order, check, draft or other instrument or document for the transmission or payment of money, or which evidences an obligation for the transmission or payment of money, or which evidences the purchase or deposit of funds for the purchase of any such instrument or document, sold in New York, but shall not include a New York traveler's check. See N.Y. New York City Administrative Code 20-331
• New York State Energy Code: means the New York State Energy Conservation Construction Code (the "New York State Energy Code"), constituting part 1240 of title 19 of the New York codes, rules and regulations (19 NYCRR Part 1240), and the publications incorporated by reference in such part, promulgated on September 21, 2016, by the State Fire Prevention and Building Code Council pursuant to Article 11 of the New York State Energy Law. See N.Y. New York City Administrative Code 28-1001.1.1
• nineteen hundred eighty unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of items (i), (ii), (iii), (iv) and (v) of subparagraph (c) of paragraph (3) of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be paid as a charge or applied as a credit, as the case may be, pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• nineteen hundred eighty-two unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of item (vi) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• non-agricultural turf: means any non-crop land area that is covered by any grass species. See N.Y. New York City Administrative Code 17-701
• Non-conforming facility: means a liquefied natural or petroleum gas facility in actual use and operation on September first, nineteen hundred seventy-six which is exempted from the requirements of section 23-1707 but is subject to the requirements of section 23-1719. See N.Y. New York City Administrative Code 20-206
• Non-mortgagor: means a person having title to and occupying a one to six family residence which is located in this state and is not subject to a mortgage. See N.Y. Real Property Tax Law 952
• non-profitmaking hospital or residential care center: means an organized residential facility for the medical diagnosis, treatment and care of illness, disease, injury, infirmity or deformity, or a residential facility providing nursing care or care of the aged or dependent children, or a facility for the prevention of cruelty to children or animals, which is located anywhere in the state and which is maintained and operated by an association or corporation, no part of the net earnings of which inures to the benefit of any private shareholder or individual. See N.Y. Tax Law 684
• Non-profitmaking organization: means a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual. See N.Y. Social Services Law 409-F
• Non-residential property: shall mean any property which is not a multiple dwelling, and which is intended to be converted into a multiple dwelling, and which is under-utilized for commercial, industrial or other non-residential purposes. See N.Y. Family Court Law 580-105
• Non-transplant organ: means an organ procured for education or research purposes. See N.Y. New York City Administrative Code 10-133
• Nonpoint source: means any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to title seven or eight of this article. See N.Y. New York City Administrative Code 17-335
• Nonprofit organizations: means organizations described in paragraph (3) of subsection (c), and exempt from taxation under subsection (a), of section 501 of the Internal Revenue Code, including, if qualified thereunder, type B or D organizations formed pursuant to paragraph (b) of section two hundred one of the not-for-profit corporation law, and organizations described in section two hundred sixteen-a of the education law. See N.Y. Real Property Tax Law 968
• Nonpublic school: means any nonprofit elementary or secondary school in the State of New York, other than a public school, which (i) is providing instruction in accordance with article seventeen and section thirty-two hundred four of this chapter, (ii) has not been found to be in violation of Title VI Civil Rights Act of 1964, 78 Stat. See N.Y. Penal Law 55.10
• Nonqualified withdrawal: shall mean a withdrawal from an account but shall not include:

  (a) a qualified withdrawal;

  (b) a withdrawal made as the result of death;

  (c) an unforeseeable emergency; or

  (d) need based upon qualifying for military service in the armed forces of the United States as determined by rules an regulations promulgated by the comptroller. See N.Y. Family Court Law 713

• Nonqualified withdrawal: shall mean a withdrawal from an account but shall not mean:

  a. See N.Y. Penal Law 70.02

• nonsectarian burial society: means a corporation or unincorporated association or society having among its activities or its former activities the provision of burial benefits for its members and not supervised or controlled by a religious corporation. See N.Y. Vehicle & Traffic Law 1130
• Nontraditional mortgage product: means , for purposes of this article, any mortgage product other than a thirty-year fixed rate mortgage. See N.Y. New York City Administrative Code 20-264*2
• Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. New York City Administrative Code 16-307.1
• Not-for-profit organization: means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the department of law, a religious corporation as defined in section sixty-six of the general construction law, a trustee as defined in section 8-1. See N.Y. New York City Administrative Code 27-606
• Notice: means information given by an institution as required by this article. See N.Y. Vehicle & Traffic Law 426
• Notice of violation: means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-a of this chapter, or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, twenty-one, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter. See N.Y. Vehicle & Traffic Law 239
• noxious weed seeds: includes seeds of bindweed (Convolvulus arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium arvense), bedstraw (Galium spp. See N.Y. Tax Law 1202-E
• noxious weeds: means any living stage (including but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in this state, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation. See N.Y. Uniform Commercial Code 9-110
• Nuclear medicine technologist: means a person who is licensed under this article to practice nuclear medicine technology. See N.Y. Public Health Law 3501
• 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
• Nurse practitioner: means a nurse practitioner certified pursuant to section sixty-nine hundred ten of the education law who is practicing in accordance with subdivision three of section sixty-nine hundred two of the education law. See N.Y. New York City Administrative Code 7-626
• Nurse practitioner: means a nurse practitioner certified pursuant to section sixty-nine hundred ten of the education law who is practicing in accordance with subdivision three of section sixty-nine hundred two of the education law. See N.Y. New York City Administrative Code 7-501
• nursery: means the grounds and premises, private or public, on or in which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business and shall include grounds or premises owned, leased or managed by the state or any agency of the state government, and the owner or operator of such business shall be a "nursery grower"; provided, however, that the term "nursery grower" shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business. See N.Y. Uniform Commercial Code 9-110
• Nursing home: means a facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. See N.Y. New York City Administrative Code 3-710.5
• NYCERS nineteen hundred eighty-five unfunded accrued liability adjustment attributable to the senior colleges: shall mean the total amount which is determined pursuant to the provisions of sub-items (H), (I), (J) and (J-1) of item (vii) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit in favor of the city of New York and the state of New York with respect to their required contributions to the contingent reserve fund of the New York city employees' retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• NYCTRS nineteen hundred eighty-five unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph ten of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-1 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• NYCTRS nineteen hundred eighty-six unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph eleven of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-2 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
• NYSBIC: means the New York small business investment company which shall be organized and operated in conformity with Section 301(c) and applicable regulations. See N.Y. New York City Administrative Code 13-630
• NYSSBIC: means the New York specialized small business investment company which shall be organized and operated in conformity with Section 301(d) and applicable regulations. See N.Y. New York City Administrative Code 13-630
• obligor: includes the obligor of a bond as defined in clause (a) of paragraph one of this section; the obligor of an obligation, interests in which are evidenced by a bond as defined in clause (b) of paragraph one of this section; and the owner of any property securing any bond or any such obligation. See N.Y. Vehicle & Traffic Law 2105
• Obligor: means a person who executes a bail bond on behalf of a principal and thereby assumes the undertaking described therein. See N.Y. New York City Administrative Code 27-574
• Obscene sexual performance: means any performance which, for purposes of section 263. See N.Y. Penal Law 263.00
• occupancy date: shall mean the date defined in the contract for a loan pursuant to this article between the owner of an existing multiple dwelling and a municipality as the date upon which such multiple dwelling is to be deemed ready for occupancy, or if such term is not defined in such contract, the date of issuance of the temporary certificate of occupancy. See N.Y. New York City Administrative Code 11-513
• occupancy date: shall mean the date defined in the contract for a loan pursuant to this article between the owner of an existing multiple dwelling and a municipality as the date upon which such multiple dwelling is to be deemed ready for occupancy, or if such term is not defined in such contract, the date of issuance of the temporary certificate of occupancy. See N.Y. Family Court Law 427
• Occupation: means an industry, trade, business or class of work in which employees are gainfully employed. See N.Y. Tax Law 627-C
• Off-track betting region: means those regions as defined in section five hundred nineteen of this chapter;

  l. See N.Y. New York City Administrative Code 15-217

• Offer: includes every offer to buy or acquire, solicitation of an offer to sell, tender offer for, or request or invitation for tenders of a security or interest in a security for value. See N.Y. Retirement & Social Security Law 73
• offerer: shall mean the individual or entity, or any employee, agent or consultant of such individual or entity, that contacts a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body about a governmental procurement provided, however, that a governmental agency or its employees that communicate with the procuring agency regarding a governmental procurement in the exercise of its oversight duties shall not be considered an offerer. See N.Y. Tax Law 3013
• 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. New York City Administrative Code 27-728
• Office: shall mean the office of general services. See N.Y. Family Court Law 773
• Office: shall mean the office of community gardens. See N.Y. Penal Law 400.01
• Office manager: means a licensed associate real estate broker who shall by choice elect to work as an office manager under the name and supervision of another individual broker or another broker who is licensed under a partnership, trade name, limited liability company or corporation. See N.Y. New York City Administrative Code 21-114
• Officer: means any person holding or in fact performing or authorized to perform the functions of an office named or described in the constitution, charter, articles of incorporation, articles of association or by-laws of a labor organization or employer organization. See N.Y. Tax Law 957
• Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Family Court Law 911
• Officer: shall mean the health commissioner of a city of fifty thousand population and over or of a county or part-county health district, or the state district health officer, in whose jurisdiction a hotel or motel is located or any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter. See N.Y. Family Court Law 924
• officer: as used in this article , means a commissioned officer, a commissioned warrant officer or a warrant officer. See N.Y. Vehicle & Traffic Law 111
• Officer: shall mean any person holding an elected position or any other position involving participation in the management or control of a wholesale trade association or of a labor union or labor organization required to register pursuant to section 22-264 or section 22-265 of this chapter. See N.Y. New York City Administrative Code 22-251
• official backtag: means a unique device which, when affixed to cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Public Authorities Law 1824
• Official sample: means a sample of feed taken by the commissioner or his authorized agent in accordance with the provisions of section one hundred thirty-five-a of this article. See N.Y. Tax Law 1202-AA*3
• official sample: means any sample of commercial fertilizer taken by the commissioner or his agent in accordance with section one hundred forty-six-a hereof and designated as "official" by the commissioner. See N.Y. Tax Law 1202-L*4
• Officially recognized: means recognized and designated by the laws or regulations of any state, the United States, any province of Canada, or the government of any foreign country wherein said seeds were produced, except that if said seeds are produced in New York state, section one hundred forty-one shall govern. See N.Y. Tax Law 1202-E
• offset: means emission reductions or emission reduction credits which are required to be obtained by an air contamination source in order to obtain approval for a permit to construct a new air contamination source, or modify an existing air contamination source, in a non-attainment area pursuant to Title I of the Act. See N.Y. New York City Administrative Code 17-704.1
• Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas. See N.Y. New York City Administrative Code 19-186
• On consignment: means that no title to, estate in, or right to possession of, the work of fine art or multiple that is superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer or convey all the right, title and interest of the consignor, in and to such work, to a third person. See N.Y. New York City Administrative Code 27-523
• On-site: shall mean that, unless the context clearly requires otherwise, the services specified in paragraph a of this subdivision be provided at the facility. See N.Y. New York City Administrative Code 10-604
• online education marketplace: shall mean a website or other internet-based online technology tool with which a licensed private career school or certified ESL school contracts for marketing or advertising services, or services in connection with the collection of tuition and/or fees, to the extent authorized in subdivision three of section five thousand four of this article. See N.Y. Penal Law 240.65
• Operate: means to ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way. See N.Y. Vehicle & Traffic Law 2401
• Operating permit: means a permit issued pursuant to section 19-0311 of this article. See N.Y. New York City Administrative Code 17-704.1
• Operation as emergency vehicle: shall mean the operation or parking of an authorized emergency ATV, police or civil defense ATV, including attendant equipment, displaying emergency lights as provided in section twenty-four hundred six of this article and which ATV is engaged in transporting a sick or injured person to the nearest medical facility or appropriate site for transfer to an ambulance as defined in article thirty of the public health law, transporting emergency medical services, personnel and equipment to sick or injured persons, pursuing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or other emergency but shall not include returning from such service. See N.Y. Vehicle & Traffic Law 2401
• Operation of the property: means and includes the administration and operation of the property and the maintenance, repair and replacement of, and the making of any additions and improvements to, the common elements. See N.Y. New York City Administrative Code 20-103
• Operator: means any association, corporation or business entity operating a simulcast facility in accordance with the provisions of this article;

  g. See N.Y. New York City Administrative Code 15-217

• Operator: means any person who leases, operates, controls or supervises a facility. See N.Y. New York City Administrative Code 17-324
• operator: shall mean any person or entity that offers any interactive fantasy sports contest to any authorized player through any interactive fantasy sports platform. See N.Y. New York City Administrative Code 16-111.1
• Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See N.Y. New York City Administrative Code 27-606
• Operator: means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service. See N.Y. New York City Administrative Code 8-205
• Operator: means the individual authorized by the court to operate the closed-circuit television equipment used in accordance with the provisions of this article. See N.Y. New York City Administrative Code 27-272
• Operator: means any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle with or without the permission of the owner, and an owner who operates his own vehicle. See N.Y. Vehicle & Traffic Law 239
• Operator: shall mean a legal entity operating a continuing care retirement community pursuant to a certificate of authority. See N.Y. New York City Administrative Code 10-203
• operator: means any person, corporation, firm, agency, association or organization that uses or operates a motor vehicle with or without the permission of the owner, and an owner who operates his or her own motor vehicle. See N.Y. New York City Administrative Code 19-205
• Operator: means every person who operates or is in actual physical control of an ATV. See N.Y. Vehicle & Traffic Law 2401
• Operator: shall mean a legal entity operating a fee-for-service continuing care retirement community pursuant to a certificate of authority, as granted pursuant to section forty-six hundred fifty-six of this article. See N.Y. New York City Administrative Code 10-604
• operator: means a person, persons or an entity which has obtained the written approval of the department to operate an assisted living residence in accordance with this article. See N.Y. Public Health Law 4651*2
• optional retirement program: means the retirement program established pursuant to this article. See N.Y. Penal Law 265.10
• order: is a direction to pay and must be more than an

  authorization or request. See N.Y. Uniform Commercial Code 3-102

• Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-626
• Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-501
• 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. New York City Administrative Code 27-740
• Order of recognizance or bail: means a securing order releasing a principal on his own recognizance or fixing bail. See N.Y. New York City Administrative Code 27-574
• Organ: means a human kidney, heart, heart valve, lung, pancreas, liver or any other organ designated by the commissioner in regulation in consultation with the transplant council. See N.Y. New York City Administrative Code 10-133
• organization: shall mean any corporation, company, foundation, association, college as defined by section two of the education law, labor organization, firm, partnership, society, joint stock company, state agency or public corporation. See N.Y. Tax Law 3013
• 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. New York City Administrative Code 20-362
• 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. New York City Administrative Code 27-728
• organization certificate: shall include an amended organization certificate. See N.Y. New York City Administrative Code 17-307
• Originating entity: means a person or entity licensed or registered pursuant to article twelve-D of this chapter or such other employer of mortgage loan originators as the superintendent may approve. See N.Y. New York City Administrative Code 20-264*2
• Other business entity: means any person other than a natural person, general partnership (including any registered limited liability partnership or registered foreign limited liability partnership) or domestic limited partnership. See N.Y. Vehicle & Traffic Law 1274
• Other persons named in the report: shall mean and be limited to the following persons who are named in a report of child abuse or maltreatment other than the subject of the report: the child who is reported to the statewide central register of child abuse and maltreatment; and such child's parent, guardian, or other person legally responsible for the child who has not been named in the report as allegedly responsible for causing injury, abuse or maltreatment to the child or as allegedly allowing such injury, abuse or maltreatment to be inflicted on such child;

  6. See N.Y. Social Services Law 412

• Overburden: means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. See N.Y. New York City Administrative Code 20-234
• owner: shall mean a person having record title in fee simple to real property or the lessee thereof under a lease having an unexpired term of at least thirty years. See N.Y. Family Court Law 427
• Owner: shall mean an individual, partnership, corporation or other entity, including a non-profit company, a mutual company, or a housing development fund company, which holds record title in fee simple to the existing multiple dwelling to be rehabilitated or the non-residential property to be converted into a multiple dwelling and the real property upon which it is situate or to vacant land upon which the new multiple dwelling is to be constructed. See N.Y. Family Court Law 580-105
• Owner: means any person who has legal or equitable title to a facility. See N.Y. New York City Administrative Code 17-324
• Owner: means any person who harbors or keeps any dog. See N.Y. Public Authorities Law 2422
• Owner: means any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time of the issuance of a notice of violation in any city in which a vehicle is operated:

  (1) is the beneficial or equitable owner of such vehicle; or

  (2) has title to such vehicle; or

  (3) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or

  (4) uses such vehicle in its vehicle renting and/or leasing business; or

  (5) is an owner of such vehicle as defined by section one hundred twenty-eight of this chapter or subdivision (a) of section twenty-one hundred one of this chapter. See N.Y. Vehicle & Traffic Law 239

• Owner: means the person who has the right to drill into and produce from a pool or a salt deposit and to appropriate the oil, gas or salt he produces either for himself or others, or for himself and others. See N.Y. New York City Administrative Code 19-186
• owner: shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to section three hundred nine of the multiple dwelling law. See N.Y. New York City Administrative Code 22-264
• Owner: means a person, partnership or corporation which operates a self-service storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive storage fees from an occupant under an occupancy agreement. See N.Y. Uniform Commercial Code 3-205
• Owner: shall mean an owner, lessor, sublessor, assignee, net lessee, or a proprietary lessee of a housing accommodation in a structure or premises owned by a cooperative corporation or association, or an owner of a condominium unit or the sponsor of such cooperative corporation or association or condominium development, or any other person or entity receiving or entitled to receive rent for the use or occupation of any housing accommodation, or an agent of or any person acting on behalf of any of the foregoing. See N.Y. Penal Law 241.00
• Owner: means a person, other than a lienholder, having the property in or title to a vehicle. See N.Y. Vehicle & Traffic Law 2101
• owner: shall include : (A) the registered owner of a motor vehicle used or operated in the city of New York, and (B) any person, corporation, firm, agency, association or organization that is the renter or lessor of a motor vehicle used or operated in the city of New York. See N.Y. New York City Administrative Code 19-205
• Owner: means any person having a title to an ATV. See N.Y. Vehicle & Traffic Law 2401
• owner: as used in this article means any person entitled to possession of the lost property as against the finder and against any other person who has made a claim. See N.Y. Vehicle & Traffic Law 1809-C
• owner of a lot: means any person having a lawful title to the use of a niche, crypt, lot, plot or part thereof, in a cemetery, mausoleum or columbarium. See N.Y. Vehicle & Traffic Law 1130
• Owner of record: means the person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. See N.Y. Public Authorities Law 2422
• Owning bank holding company: when used in this article with respect to a subsidiary trust company, means the bank holding company which owns all of the outstanding voting stock of such subsidiary trust company. See N.Y. New York City Administrative Code 13-348
• packaged foreign dairy product: means a foreign dairy product which is enclosed in a container or wrapper (including a shipping container or wrapping used for the transportation of such product in bulk or quantity to manufacturers, packers, processors, or to wholesale or retail distributors) or which although not so enclosed has written, printed, or graphic matter pertaining to such foreign dairy product affixed or attached. See N.Y. Penal Law 496.07
• Paid sick time: shall mean time that is provided by an employer to an employee that can be used for the purposes described in section 20-914 of this chapter and is compensated at the same rate as the employee earns from his or her employment at the time the employee uses such time, except that an employee who volunteers or agrees to work hours in addition to his or her normal schedule will not receive more in paid sick time compensation than his or her regular hourly wage if such employee is not able to work the hours for which he or she has volunteered or agreed even if the reason for such inability to work is one of the reasons in section 20-914 of this chapter. See N.Y. New York City Administrative Code 20-912
• Paper document: means a document in a form that is not electronic. See N.Y. New York City Administrative Code 19-303
• Parent: means a legal resident of the state of New York with a New York taxable income of under five thousand dollars who is a parent, stepparent, adoptive parent and the spouse of an adoptive parent of a pupil enrolled in a nonpublic school, or a resident with such taxable income standing in loco parentis to such pupil. See N.Y. Penal Law 55.10
• Parent: means the birth or adoptive parent, the guardian, or person otherwise authorized to make a contract of enrollment for a child. See N.Y. Family Court Law 1039-B
• parent: shall mean a person in parental relation to a child, as that phrase is defined in subdivision ten of section two of this chapter. See N.Y. Penal Law 178.25
• Parent: means a person who is recognized under the laws of the state of New York to be the child's legal parent. See N.Y. Family Court Law 1012
• Parent: means a parent who has custody of the minor. See N.Y. New York City Administrative Code 7-501
• Parent corporation: means a parent corporation of a type described in subsection (a), (b) or (c) of section one thousand seven hundred one of this article. See N.Y. Public Housing Law 565
• Parents: shall mean and include biological and adoptive parents, guardians or other persons in parental relationship to a child. See N.Y. Social Services Law 410-P
• Pari-mutuel horse race: means any horse race upon which betting is conducted under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940. See N.Y. Penal Law 180.35
• Part: means each portion of a test for which a score is calculated. See N.Y. New York City Administrative Code 27-998
• Partially secured bail bond: means a bail bond secured only by a deposit of a sum of money not exceeding ten percent of the total amount of the undertaking. See N.Y. New York City Administrative Code 27-574
• participant: means a health care provider that is one of the health care providers that comprise the ACO. See N.Y. New York City Administrative Code 8-122
• Participant: shall mean an applicant for or recipient of public assistance who volunteers for or is required to participate in work activities as provided in this title. See N.Y. Social Services Law 330
• Participating jurisdiction: shall mean a unit of general local government designated by HUD to receive HOME funds through a formula allocation. See N.Y. Family Court Law 651
• Particular eligible premises: means the portion of such particular premises that meets the requirements for eligible premises specified in subdivision (e) of this section. See N.Y. New York City Administrative Code 22-621
• Particular premises: means all premises occupied by an eligible business within a single building. See N.Y. New York City Administrative Code 22-621
• Partner: means a limited or general partner. See N.Y. Vehicle & Traffic Law 1274
• partnership: shall include , unless a different meaning is clearly required, a subchapter K limited liability company. See N.Y. New York City Administrative Code 11-1701
• partnership: shall include , unless a different meaning is clearly required, a subchapter K limited liability company. See N.Y. New York City Administrative Code 11-1901
• partnership: shall include , unless a different meaning is clearly required, a subchapter K limited liability company. See N.Y. Tax Law 601
• Partnership agreement: means any written agreement of the partners as to the affairs of a limited partnership and the conduct of its business. See N.Y. Vehicle & Traffic Law 1274
• Partnership interest: means : (i) a partner's share of the profits and losses of a limited partnership; and (ii) a partner's right to receive distributions. See N.Y. Vehicle & Traffic Law 1274
• Party officer: shall mean the following members or officers of any political party:

  (a) a member of a national committee;

  (b) a chairman, vice-chairman, secretary, treasurer or counsel of a state committee, or member of the executive committee of a state committee;

  (c) a county leader, chairman, vice-chairman, counsel, secretary or treasurer of a county committee. See N.Y. New York City Administrative Code 13-172

• passenger: means a person or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides TNC prearranged trips to the passenger in the TNC vehicle between points chosen by the passenger. See N.Y. Vehicle & Traffic Law 1691
• Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-626
• Patient: shall mean a patient eighteen years of age or older. See N.Y. New York City Administrative Code 8-116
• Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-501
• peaking unit: shall mean a generating unit that: (a) is determined by the New York independent system operator or a federal or New York state energy regulatory commission to constitute a peaking unit as set forth in section 5. See N.Y. Real Property Tax Law 489-AAAAAA
• Pediatric care: means medical care provided to neonates, infants, toddlers, preschoolers, school agers, and adolescents. See N.Y. New York City Administrative Code 8-1008
• Peeling: shall mean that the paint or other surface-coating material is curling, cracking, scaling, flaking, blistering, chipping, chalking or loose in any manner, such that a space or pocket of air is behind a portion thereof or such that the paint is not completely adhered to the underlying surface. See N.Y. New York City Administrative Code 27-2056.2
• Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. New York City Administrative Code 27-2117
• Pension reserve: shall mean the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. New York City Administrative Code 27-2117
• percentage: means the percentage by weight. See N.Y. Tax Law 1202-L*4
• percentage of germination: means the percentage of seeds, other than hard seeds, which are capable of producing normal seedlings under favorable conditions. See N.Y. Tax Law 1202-E
• percentage of hard seed: means the percentage of seeds which are incapable of sprouting promptly because their outer structures are impermeable to water. See N.Y. Tax Law 1202-E
• Perfected concurring petition: means a concurring petition timely executed by two-thirds of the members of the receiving house. See N.Y. Uniform Commercial Code 2-209
• Perfected joint petition: means a joint petition timely executed by two-thirds of the members of each house. See N.Y. Uniform Commercial Code 2-209
• Performance: means any play, motion picture, photograph or dance. See N.Y. Penal Law 263.00
• Performing group: means any vocal or instrumental group seeking to use, using, advertising the use of, or promoting the name of a recording group that has previously released a commercial sound recording under the name of such recording group. See N.Y. New York City Administrative Code 27-636
• perfusion: means the provision of extracorporeal or intracorporeal patient care services to support or replace the circulatory or respiratory function of a patient, including the administration of pharmacological and therapeutic agents, and blood products, and the management, treatment and monitoring of the physiological status of a patient during the operation of extracorporeal circulation equipment or intracorporeal equipment that replaces or support circulatory or respiratory functions. See N.Y. Public Authorities Law 1811
• perfusionist: means a person who is licensed to practice perfusion pursuant to this article. See N.Y. Public Authorities Law 1811
• Permanency hearing: means an initial hearing or subsequent hearing held in accordance with the provisions of this article for the purpose of reviewing the foster care status of the respondent and the appropriateness of the permanency plan developed by the commissioner of social services or the office of children and family services. See N.Y. Family Court Law 301.2
• Permanency hearing: means a hearing held in accordance with section one thousand eighty-nine of this act for the purpose of reviewing the foster care status of the child and the appropriateness of the permanency plan developed by the social services district or agency. See N.Y. Family Court Law 1012
• Permanent record: shall mean a permanent, written record of a determination and the criminal history information maintained by the department. See N.Y. New York City Administrative Code 7-203
• Permit: means an environmental safety permit issued by the department pursuant to this title. See N.Y. New York City Administrative Code 20-206
• Permittee: means any person who holds a valid mining permit from the department for the boundaries of the land identified in the mined land-use plan. See N.Y. New York City Administrative Code 20-234
• Person: means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See N.Y. New York City Administrative Code 20-206
• Person: means any person, firm, corporation, or association. See N.Y. Public Authorities Law 1835-D
• Person: means an individual or any corporation, company, limited liability company, partnership, association or other entity. See N.Y. New York City Administrative Code 20-264*2
• Person: shall mean any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. New York City Administrative Code 13-325
• person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See N.Y. Tax Law 684
• Person: means any person, firm, corporation, or association. See N.Y. Public Authorities Law 2406
• person: shall mean an individual, firm, company, partnership, corporation, trust or association. See N.Y. New York City Administrative Code 27-593
• Person: means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. See N.Y. Public Authorities Law 2422
• Person: means any individual, firm, co-partnership, association or corporation, other than the state or a public corporation, as the latter is defined in subdivision 1 of section 3 of the General Corporation Law. See N.Y. New York City Administrative Code 11-218
• Person: means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See N.Y. New York City Administrative Code 17-704.1
• Person: means any person, firm, partnership, corporation or association. See N.Y. Tax Law 1202-AA*3
• Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. New York City Administrative Code 20-234
• Person: means any natural person, partnership, corporation, company, trust, association or other entity, however organized. See N.Y. New York City Administrative Code 27-715
• Person: means a natural person, corporation, partnership, association, trustee or other legal entity. See N.Y. New York City Administrative Code 20-103
• Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state or federal government, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity. See N.Y. New York City Administrative Code 20-275
• Person: means any natural person. See N.Y. Tax Law 1827
• Person: means an individual, an association, a company, a firm, a partnership, a corporation, or any other form of legally recognized entity. See N.Y. Tax Law 1847
• Person: means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any department, agency or instrumentality of the state or any of its governmental subdivisions. See N.Y. New York City Administrative Code 19-186
• Person: means an individual, firm, company, partnership, limited liability company, or corporation. See N.Y. New York City Administrative Code 21-134
• Person: means any individual, corporation, partnership, or legal entity of any kind, or a governmental agency, board or body. See N.Y. New York City Administrative Code 9-101
• Person: means any natural person, corporation, limited liability company, partnership, firm, or association. See N.Y. New York City Administrative Code 21-306
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. See N.Y. New York City Administrative Code 20-297.7
• Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-110
• Person: means any natural person, firm, corporation, partnership, limited liability company, entity, joint venture, association or organization. See N.Y. Vehicle & Traffic Law 415
• person: shall include any individual, partnership, corporation, company, society, or association. See N.Y. Tax Law 1202-E
• person: includes individual, partnership, association, firm or corporation. See N.Y. Tax Law 1202-L*4
• Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Family Court Law 1024
• Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-143
• Person: means any individual, public or private corporation, political subdivision, government agency, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. New York City Administrative Code 20-331
• person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Family Court Law 1036
• Person: means any individual or entity. See N.Y. Penal Law 187.00
• Person: means any individual or legal entity, including a corporation, partnership, association, limited liability company, trust, or voluntary organization. See N.Y. Retirement & Social Security Law 19-A
• Person: means an individual, trust, firm, joint stock company, limited liability company, corporation, joint venture, partnership, association, state, municipality, commission, political subdivision of a state, public benefit corporation or any interstate body. See N.Y. New York City Administrative Code 20-351
• person: when used herein with reference to the holder of any right alleged to exist against a person in military service, or against a person secondarily liable under such right, shall include individuals, partnerships, corporations, and any other forms of business association. See N.Y. Vehicle & Traffic Law 127
• Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or state or local government agency. See N.Y. New York City Administrative Code 3-406
• Person: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle & Traffic Law 2101
• Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, limited liability partnership, trust, government or governmental agency, state

  or political subdivision thereof, public or private corporation, board, association, estate, trustee or fiduciary, any similar entity or any combination of the foregoing acting in concert. See N.Y. Retirement & Social Security Law 73

• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity. See N.Y. Vehicle & Traffic Law 426
• Person: shall mean a human being and shall also include an "entity" as defined in this article, including, but not limited to, a contractor or subcontractor. See N.Y. Social Services Law 456
• Person: means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. See N.Y. Real Property Tax Law 489-AAAAA
• Person: means a natural person, partnership, limited partnership (domestic or foreign), limited liability company (domestic or foreign), trust, estate, custodian, nominee, association, corporation or any other individual or entity in its own or any representative capacity. See N.Y. Vehicle & Traffic Law 1274
• Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. New York City Administrative Code 12-303
• Person: means an individual, a corporation (including a foreign corporation and a municipal corporation), a joint stock association, a

  partnership, the state, and any other organization, state, government or county which may lawfully own property in the state. See N.Y. Real Property Tax Law 1102

• Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. New York City Administrative Code 13-114
• Person: includes a corporation, a copartnership or a joint stock association. See N.Y. Social Services Law 472-N
• Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. New York City Administrative Code 13-125.1
• Person: includes any natural person, partnership, association or corporation. See N.Y. Tax Law 601
• person: includes an individual, a trustee, a corporation, an association, a joint-stock company, a partnership, a limited liability company and a bank. See N.Y. Tax Law 951-A
• person: includes an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing. See N.Y. Tax Law 1101
• Person: shall mean any individual, trustee, partnership, association, corporation or other legal entity. See N.Y. New York City Administrative Code 13-154
• Person connected with the case: means the patient, any person on the surrogate list, a parent or guardian of a minor patient, the hospital administrator, an attending physician, any other health or social services practitioner who is or has been directly involved in the patient's care, and any duly authorized state agency, including the facility director or regional director for a patient transferred from a mental hygiene facility and the facility director for a patient transferred from a correctional facility. See N.Y. New York City Administrative Code 7-626
• Person engaged in mining: means a person who is subject to this title but who is mining without a mining permit issued by the department. See N.Y. New York City Administrative Code 20-234
• Person legally responsible: includes the child's custodian, guardian, any other person responsible for the child's care at the relevant time. See N.Y. Family Court Law 1012
• person required to collect any tax imposed by this article: shall include : every vendor of tangible personal property or services; every recipient of amusement charges; and every operator of a hotel. See N.Y. Tax Law 1131
• person who is patronized: means the person with whom the defendant engaged in sexual conduct or was to have engaged in sexual conduct pursuant to the understanding, or the person who was solicited or requested by the defendant to engage in sexual conduct. See N.Y. Penal Law 230.02
• Person with a disability: means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. See N.Y. Public Authorities Law 2422
• Personal care services: means services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health. See N.Y. New York City Administrative Code 9-117
• Personal emergency response service: shall mean (i) the provision and maintenance of electronic communication equipment in the home of an individual which signals a monitoring agency for help when activated by the individual, or after a period of time if a timer mechanism has not been reset; (ii) the continuous monitoring of such signals by a trained operator and, in case of receipt of such signal,

  the immediate notification of such emergency response organizations or persons, if necessary, as the individual has previously specified. See N.Y. Vehicle & Traffic Law 2286

• Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See N.Y. Uniform Commercial Code 3-205
• Persons: shall include a single person eligible to adopt a child as well as a couple eligible therefor. See N.Y. Social Services Law 451
• persons interested in the estate: shall include all persons who may be entitled to receive or who have received any property or interest which is required to be included in the gross estate of a decedent, or any benefit whatsoever with respect to any such property or interest, whether under a will, or intestacy, or by reason of any of the transfers,

  trusts,

  estates,

  interests, rights, powers and relinquishments of powers which are required to be included in the gross estate. See N.Y. Tax Law 951-A

• Persons of low income: shall mean those persons and families whose incomes do not exceed eighty percent of the median income for the metropolitan statistical area in which a project is located. See N.Y. Family Court Law 580-307
• Persons of low income: shall mean individuals and families whose annual incomes do not exceed ninety per cent of the median annual income for all residents of the region within which they reside or a larger area encompassing such region for which median annual income can be determined. See N.Y. Family Court Law 580-312
• Persons of low income: shall mean those persons and families whose incomes do not exceed ninety percent of the area median income for the county in which a project is located as calculated by the United States department of housing and urban development. See N.Y. Family Court Law 661
• persons or families of low income: shall mean "persons of low income" or "families of low income" as defined in section three of this chapter, whose probable aggregate annual income during the period of occupancy does not exceed six times the rental (including the value or cost to them of heat, light, water and cooking fuel) of dwelling units occupied by such persons or families in existing multiple dwellings aided by a loan pursuant to this article, except that in the case of persons or families with three or more dependents, such ratio shall not exceed seven to one, and except further that the income limitations prescribed by this paragraph shall be subject to the provisions of subdivision two of section two hundred thirteen of this chapter. See N.Y. New York City Administrative Code 11-513
• persons or families of low income: shall mean "persons of low income" or "families of low income" as defined in section two of this chapter, whose probable aggregate annual income during the period of occupancy does not exceed six times the rental (including the value or cost to them of heat, light, water and cooking fuel) of dwelling units occupied by such persons or families in existing multiple dwellings aided by a loan pursuant to this article, except that in the case of persons or families with three or more dependents, such ratio shall not exceed seven to one, and except further that the income limitations prescribed by this paragraph shall be subject to the provisions of subdivision two of section four hundred three of this article. See N.Y. Family Court Law 427
• pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect, rodent, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or animals. See N.Y. Family Court Law 1048
• Pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See N.Y. Tax Law 1202-AA*3
• pet cremated remains: means ashes and/or other residue recovered after the completion of cremation of any domestic animal that has been adapted or tamed to live in intimate association with people

  where such cremation has occurred at a pet crematorium as defined in section seven hundred fifty-a of the general business law. See N.Y. Vehicle & Traffic Law 1130

• Pet food: means any commercial feed prepared and distributed for consumption by pets. See N.Y. Tax Law 1202-AA*3
• Petition: means a document distributed by the secretary or clerk of the initiating house to the members thereof transmitting the request of a member or members of such house for the convening of an extraordinary session. See N.Y. Uniform Commercial Code 2-209
• 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. New York City Administrative Code 27-925
• Petroleum: means :

  a. See N.Y. New York City Administrative Code 17-324

• Petroleum products: means diesel motor fuel as defined in subdivision fourteen of section two hundred eighty-two of this chapter, other than kerosene or propane used for residential purposes, or motor fuel as defined in subdivision two of section two hundred eighty-two of this chapter. See N.Y. Tax Law 1101
• Phosphorus fertilizer: means fertilizer in which the available phosphate (P205) content is greater than 0. See N.Y. New York City Administrative Code 17-701
• Physical injury: means impairment of physical condition or substantial pain. See N.Y. Public Authorities Law 2422
• Physical restraint: means the use of bodily force to limit a child's freedom of movement during a physical confrontation or to prevent a confrontation. See N.Y. New York City Administrative Code 21-901
• Physical structure: means the place of entertainment, or in the case where a structure either partially or wholly surrounds the place of entertainment, such surrounding structure. See N.Y. New York City Administrative Code 27-606
• Physically handicapped: means

  (a) impairment requiring confinement to a wheel chair; or

  (b) impairment causing difficulty or insecurity in walking or climbing stairs or requiring the use of braces, crutches or other artificial supports; or impairment caused by amputation, arthritis, spastic condition or pulmonary, cardiac or other ills rendering the individual semi-ambulatory; or

  (c) total or partial impairment of hearing or sight causing insecurity or likelihood of exposure to danger in public places; or

  (d) impairment due to conditions of aging and incoordination. See N.Y. Family Court Law 761

• physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this title. See N.Y. Family Court Law 580-607
• Physician: means a person licensed to practice medicine in the state of New York including a person authorized to practice medicine in a federal medical facility in the state. See N.Y. New York City Administrative Code 9-105
• physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the education law. See N.Y. New York City Administrative Code 9-150
• physician assistant: means a person who is licensed as a physician assistant pursuant to section sixty-five hundred forty-one of the education law. See N.Y. New York City Administrative Code 9-150
• Pilum ballistic knife: means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife. See N.Y. Penal Law 265.00
• Place of business: means a designated location at which the business of the dealer is conducted, and, in relation to a retail dealer, facilities for displaying new or used motor vehicles. See N.Y. Vehicle & Traffic Law 415
• Place of business: means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers. See N.Y. New York City Administrative Code 20-320
• place of business: means the location at which a retailer sells or offers for sale to consumers, rechargeable batteries, or products containing such batteries at the time of sale;

  4. See N.Y. New York City Administrative Code 20-388

• Place of business: shall mean the main or permanent branch office or local address of the seller. See N.Y. Vehicle & Traffic Law 2286
• place of business of a wholesale business or market business: shall mean any building, structure, stall or other area, or any part thereof, within a public wholesale market that is leased, operated, managed or used exclusively by such wholesale business or market business. See N.Y. New York City Administrative Code 22-251
• place of entertainment: shall mean a theatre, dinner theatre, hall, coliseum, convention center, arena, auditorium, stadium, concert hall, garden, outdoor space or other place of amusement operated as a for profit entity and located in this state in which theatrical productions, sporting events or other events are presented. See N.Y. New York City Administrative Code 27-593
• Place of entertainment: means any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged. See N.Y. New York City Administrative Code 27-606
• Placement: means the temporary care and maintenance of adjudicated youth held away from their homes pursuant to article three of the family court act. See N.Y. New York City Administrative Code 21-901
• Placement facility: means a facility, certified by the New York state office of children and family services, for the care of youth placed in accordance with the provisions of the family court act and the regulations of the New York state office of children and family services. See N.Y. New York City Administrative Code 21-901
• Plan: means the plan developed pursuant to section 9-1705 of this title. See N.Y. New York City Administrative Code 11-659
• plan: means any plan established or maintained by two or more municipal corporations pursuant to a municipal cooperation agreement for the purpose of providing medical, surgical or hospital services to employees or retirees of such municipal corporations and to the dependents of such employees or retirees. See N.Y. Real Property Tax Law 511
• plan: means a plan adopted by a mutual life insurer in compliance with this article. See N.Y. Retirement & Social Security Law 73
• plan: shall mean agency, urban renewal area and urban renewal plan, respectively, as defined in article fifteen of the general municipal law. See N.Y. Family Court Law 353.4
• Plan document: means the group contract issued by the municipal cooperative health benefit plan to participating municipal corporations describing the terms and conditions of coverage. See N.Y. Real Property Tax Law 511
• Plan of operation or feasibility study: means an analysis which presents the expected activities and results of a risk retention group making application to become chartered and licensed as a domestic property/casualty insurer in this state, including at least the following:

  (1) information sufficient to verify that its members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises or operations;

  (2) for each state in which it intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each kind of insurance the group intends to offer;

  (3) historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;

  (4) pro forma financial statements and projections;

  (5) appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent the development of a hazardous financial condition;

  (6) identification of management, underwriting and claims procedures, marketing methods, managerial oversight methods, investment policies and reinsurance agreements;

  (7) identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and

  (8) such other matters as may be prescribed by the commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of the state. See N.Y. Real Property Tax Law 730

• Plant: shall mean real property, the buildings, improvements and structures thereon and the fixtures thereon other than machinery or equipment used by a project occupant in its operations. See N.Y. Public Authorities Law 1801
• Plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any thirty-day period for twenty-five or more employees (other than part-time employees). See N.Y. Tax Law 1262-A
• platform: shall mean the combination of hardware, software, and data networks used to manage, administer, or control contests and any associated entry fees. See N.Y. New York City Administrative Code 16-111.1
• Pole trailer: means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. See N.Y. Vehicle & Traffic Law 2101
• police retired employee: shall mean any person who was retired for service on or after June fifth, nineteen hundred sixty and prior to May first, nineteen hundred sixty-three and receives, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the police department. See N.Y. New York City Administrative Code 13-662
• Police work dog: means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. See N.Y. Public Authorities Law 2422
• policies of this article: means the policies set forth in section seven hundred. See N.Y. Tax Law 684
• Policyholder: means a person, as determined by the records of the reorganizing insurer or reorganized insurer, who is deemed to be the "policyholder" of a policy or annuity contract which is of a type described in paragraph one, two or three of subsection (a) of section one thousand one hundred thirteen of this chapter for purposes of paragraph three of subsection (a) of section four thousand two hundred ten of this chapter. See N.Y. Retirement & Social Security Law 73
• political subdivision: as used in this Article , shall mean and include, in addition to its usual meaning, water districts, water supply districts, and any other public authorities, public corporations, commissions or bodies having power to own, acquire, or contract for a public water supply. See N.Y. New York City Administrative Code 19-182.1
• Pollution control facilities: shall mean real or personal property having to do with, or the end purpose of which, is the control, abatement or prevention of land, sewer, water, air, thermal, radiational, noise or general environmental pollution resulting from the operation of an industrial, manufacturing or research plant. See N.Y. Public Authorities Law 1801
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool. See N.Y. New York City Administrative Code 19-186
• population: shall mean the number of people in the particular taxing jurisdiction as shown by the latest federal census. See N.Y. Tax Law 1215
• possibility of reverter: means the possibility that upon breach of a condition or termination of an estate by limitation the right of re-entry will vest in, or real property will revert to, an infant, incompetent person or conservatee or his heirs solely or in common with others. See N.Y. New York City Administrative Code 24-902
• Potable water: shall mean water intended for human consumption that meets the requirements for a public water system as set forth in the state sanitary code. See N.Y. New York City Administrative Code 13-325
• Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. New York City Administrative Code 17-704.1
• Poultry: means any domesticated bird, whether live or dead. See N.Y. Public Authorities Law 2406
• poultry: means a domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. See N.Y. Public Authorities Law 1824
• poultry dealer: means any person who buys or sells poultry as a business enterprise. See N.Y. Public Authorities Law 1824
• Poultry product: means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relative small portion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the commissioner from definition as a poultry product under such conditions as the commissioner may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See N.Y. Public Authorities Law 2406
• poultry transporter: means any person who transports poultry as a business enterprise. See N.Y. Public Authorities Law 1824
• 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 section 210. See N.Y. New York City Administrative Code 27-440

• Preferred hazardous waste management practices hierarchy: shall mean that policy established in section 27-0105 of this article. See N.Y. New York City Administrative Code 20-331
• Preferred lender list: shall mean a list of one or more recommended or suggested lending institutions that a covered institution makes available for use, in print or any other medium or form, by borrowers, potential borrowers or others. See N.Y. Penal Law 60.21
• Premium: means the consideration paid to an insurer for a service contract reimbursement insurance policy. See N.Y. Retirement & Social Security Law 63-A
• Premium finance agency: means :

  (a) a person engaged, in whole or in part, in the business of entering into premium finance agreements with insureds, including a bank if so engaged; or

  (b) a person engaged, in whole or in part, in the business of acquiring premium finance agreements from insurance agents or brokers or other premium finance agencies, including a bank if so engaged and an insurance agent or broker who is licensed as a premium finance agency and who holds premium finance agreements made and delivered by insureds to him or his order. See N.Y. New York City Administrative Code 20-206

• Premium finance agreement: means a promissory note or other written agreement by which an insured promises or agrees to pay to, or to the order of, either a premium finance agency or an insurance agent or broker the amount advanced or to be advanced under the agreement to an authorized insurer or to an insurance agent or broker in payment of premiums on an insurance contract, together with a service charge as authorized and limited by law. See N.Y. New York City Administrative Code 20-206
• Premiums: means direct gross insurance premiums and annuity and funding agreement considerations received on covered policies, less return premiums and considerations thereon and dividends paid or credited to policyholders on such direct business, subject to such modifications as the superintendent may establish by regulation or order as necessary to facilitate the equitable administration of this article. See N.Y. Retirement & Social Security Law 19-A
• Prepaid telephone calling service: means the right to exclusively purchase telecommunication services, that must be paid for in advance and enable the origination of one or more intrastate, interstate or international telephone calls using an access number (such as a toll free network access number) and/or authorization code, whether manually or electronically dialed, for which payment to a vendor must be made in advance, whether or not that right is represented by the transfer by the vendor to the purchaser of an item of tangible personal property. See N.Y. Tax Law 1101
• present sale: means a sale which is accomplished by the making of the contract. See N.Y. Uniform Commercial Code 2-106
• Present teacher: shall mean any teacher who was a teacher on or before the first day of August, nineteen hundred twenty-one, whose membership in the retirement system created by this article has been continuous and

  a. See N.Y. New York City Administrative Code 27-2117

• Present value: means the amount as of a date certain of one

  or more sums payable in the future, discounted to the date

  certain. See N.Y. Uniform Commercial Code 2-A-103

• Presentment agency: means the agency or authority which pursuant to section two hundred fifty-four or two hundred fifty-four-a is responsible for presenting a juvenile delinquency petition. See N.Y. Family Court Law 301.2
• President: means the president of the New York state higher education services corporation. See N.Y. Family Court Law 834
• President: shall mean the president of the corporation. See N.Y. New York City Administrative Code 27-881
• President: shall mean the president of the New York state higher education services corporation. See N.Y. Penal Law 60.02
• Prevailing wage: means the wage determined by the fiscal officer to be prevailing for the various classes of building service employees in the locality. See N.Y. Social Services Law 461-A
• preventive services: shall mean supportive and rehabilitative services provided, in accordance with the provisions of this title and regulations of the department, to children and their families for the purpose of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care. See N.Y. Social Services Law 409
• Primary care: means the health care fields of family practice, general pediatrics, primary care internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification, provided by a health care provider acting within his, her, or its lawful scope of practice. See N.Y. New York City Administrative Code 8-122
• Primary care medical training program: means a graduate medical education training program in New York state defined by the commissioner, in consultation with the council, pursuant to regulations, as providing appropriate training in primary care medicine. See N.Y. Family Court Law 834
• Primary care physician: means a physician specialist in the field of family practice, general pediatrics, primary care internal medicine or primary care obstetrics and gynecology; who provides coordinated primary care services. See N.Y. Family Court Law 834
• Primary care practitioner: means a midwife, nurse practitioner, or physician assistant who is licensed or certified to practice in New York state and who provides or arranges for coordinated primary care services. See N.Y. Family Court Law 834
• Primary care practitioner program: means a full or part-time graduate, undergraduate or certificate course of study, approved or registered by the regents or a program registered by the department of education or determined by the department of education to be the equivalent required to practice as a licensed or certified primary care practitioner. See N.Y. Family Court Law 834
• Primary territory: means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport. See N.Y. New York City Administrative Code 8-205
• Principal: shall mean , of a sole proprietorship, the proprietor; of a corporation, every officer, director and stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent or more; and with respect to all business

  entities, all other persons participating directly or indirectly in the control of such business entity. See N.Y. New York City Administrative Code 22-251

• principal: shall mean and include every person or firm directly or indirectly controlling the business affairs or operations of a theatrical production company or of a ticket distributor, as defined herein. See N.Y. New York City Administrative Code 27-593
• Principal: means a defendant in a criminal action or proceeding, or a person adjudged a material witness therein, or any other person so involved therein that he may by law be compelled to appear before a court for the purpose of having such court exercise control over his person to secure his future attendance at the action or proceeding when required, and who in fact either is before the court for such purpose or has been before it and been subjected to such control. See N.Y. New York City Administrative Code 27-574
• Principal: means a person who has executed a health care proxy. See N.Y. New York City Administrative Code 7-606
• Principal place of business: means the office location designated by the licensee from which the person directs, controls, and coordinates his or her professional services. See N.Y. Tax Law 1210-A
• Priority reservation agreement: shall mean a cancelable agreement between a prospective continuing care retirement community applicant, an applicant for a certificate of authority or an operator and a prospective resident, for the purpose of evaluating market demand for a proposed continuing care retirement community and for the purpose of

  guaranteeing to prospective residents an opportunity for priority placement in a continuing care retirement community, under which the prospective resident will pay a refundable priority reservation fee. See N.Y. New York City Administrative Code 10-203

• Priority reservation agreement: shall mean a cancelable agreement between a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator and a prospective resident, for the purpose of evaluating market demand for a proposed fee-for-service continuing care retirement community and for the purpose of guaranteeing to prospective residents an opportunity for priority placement in a fee-for-service continuing care retirement community, under which the prospective resident will pay a refundable priority reservation fee. See N.Y. New York City Administrative Code 10-604
• Priority reservation fee: shall mean the refundable sum of money paid by a prospective resident for deposit with the escrow agent for a prospective continuing care retirement community applicant, an applicant for a certificate of authority or an operator pursuant to a priority reservation agreement. See N.Y. New York City Administrative Code 10-203
• Priority reservation fee: shall mean the refundable sum of money paid by a prospective resident for deposit with the escrow agent for a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator pursuant to a priority reservation agreement. See N.Y. New York City Administrative Code 10-604
• Private club: means an organization with no more than an insignificant portion of its membership comprised of people under the age of eighteen years that regularly receives dues and/or payments from its members for the use of space, facilities and services. See N.Y. Family Court Law 1024
• Private investor: shall mean one or more banking organizations, foundations, labor unions, credit unions, employers' associations, veterans'

  organizations,

  colleges,

  universities,

  educational institutions, child care institutions, hospitals, medical research institutes, insurance companies, trustees or fiduciaries, trustees of pension and retirement funds and systems, corporations, partnerships, individuals or other entities or any combination of the foregoing, and shall include the United States of America and any of its agencies acting as a lender under the loan program pursuant to section three hundred twelve of the housing act of nineteen hundred sixty-four and any amendments thereto or any similar program. See N.Y. Family Court Law 580-105

• 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. New York City Administrative Code 27-943
• probable aggregate annual income: means the annual income of the chief wage earner of the family, plus all other income of other members of the family over the age of twenty-one years, plus a proportion of income of gainfully employed members under the age of twenty-one years, the proportion to be determined by the agency. See N.Y. New York City Administrative Code 11-513
• probable aggregate annual income: means the annual income of the chief wage earner of the family, plus all other income of other members of the family over the age of twenty-one years, plus a proportion of income of gainfully employed members under the age of twenty-one years, the proportion to be determined by the agency. See N.Y. Family Court Law 427
• Proceeds: shall mean the face or other pay-out value of an insurance policy or annuity plus reasonable interest to date of payment as shall be prescribed by regulations promulgated by the superintendent. See N.Y. Real Property Tax Law 422
• Process: means judicial process and all orders, demands, notices or other papers required or permitted by law to be personally served on a limited partnership (domestic or foreign), for the purpose of acquiring jurisdiction of such limited partnership in any action or proceeding, civil or criminal, whether judicial, administrative, arbitrative or otherwise, in this state or in the federal courts sitting in or for this state. See N.Y. Vehicle & Traffic Law 1274
• Processing: means any method whereby meat or meat products derived from animals are cut, boned, mixed, blended, canned, cured or otherwise prepared for purposes other than for human consumption. See N.Y. Public Authorities Law 1837-C
• procurement activity: means any activity which is necessary for the procurement of organs or tissue for transplantation, research, education, therapy, fertilization, or autologous purposes including solicitation, retrieval, donor selection and testing, clinical laboratory testing, including typing, preservation, transportation, allocation, distribution, storage, and payment activities. See N.Y. New York City Administrative Code 10-133
• procurement contract: shall mean any contract or other agreement, including an amendment, extension, renewal, or change order to an existing contract (other than amendments, extensions, renewals, or change orders that are authorized and payable under the terms of the contract as it was finally awarded or approved by the comptroller, as applicable), for an article of procurement involving an estimated annualized expenditure in excess of fifteen thousand dollars. See N.Y. Tax Law 3013
• procurement organization: means a person, facility, or institution engaged in procuring organs for transplantation or therapy purposes, but does not include (a) facilities or institutions which permit procurement activities to be conducted on their premises by employees or agents of an approved organ procurement organization, or (b) facilities or consortia of facilities which conduct transplantation activities in accordance with article twenty-eight of this chapter when the organ is procured through an approved organ procurement organization, licensed bank or storage facility, or a living donor. See N.Y. New York City Administrative Code 10-133
• Producer: means the owner of a well or wells capable of producing oil, gas, or salt; or any salt or hydrocarbon mixture. See N.Y. New York City Administrative Code 19-186
• Product: means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See N.Y. New York City Administrative Code 19-186
• Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of such a person when the incident giving rise to the claim occurred. See N.Y. Real Property Tax Law 730
• Product name: means the name of the commmercial feed which identifies it as to kind, class, or specific use. See N.Y. Tax Law 1202-AA*3
• Production employees: shall mean persons who are employed by a contractor or a manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale;

  (g) "Special task force" shall mean the special task force on the apparel industry within the department; and

  (h) "Labor law" shall mean the labor law of New York state. See N.Y. Social Services Law 462-B

• Professional: means an individual duly authorized to practice a profession, a professional service corporation, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign limited liability partnership, a foreign professional service corporation or a professional partnership. See N.Y. Uniform Commercial Code 7-201
• Professional: means an individual duly authorized to practice a profession, a professional service corporation, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign limited liability partnership, a foreign professional service corporation or a professional partnership. See N.Y. Uniform Commercial Code 7-307
• Professional employer agreement: means a written contract whereby:

  (a) A professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client;

  (b) The contract is intended to be on-going rather than temporary in nature;

  (c) Employer responsibilities for worksite employees, including those of hiring, firing and disciplining, are expressly allocated by and between the professional employer organization and the client in the agreement; and

  (d) The professional employer organization expressly assumes the rights and responsibilities as required in section nine hundred twenty-two of this article. See N.Y. Tax Law 1847

• Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Tax Law 1847
• Professional partnership: means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership without limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a professional service within this state. See N.Y. Uniform Commercial Code 7-201
• Professional partnership: means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership without limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a professional service within this state; except that all partners of a professional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying,

  geologic, architectural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. See N.Y. Uniform Commercial Code 7-307

• Professional service: means any type of service to the public that may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Uniform Commercial Code 7-201
• Professional service: means any type of service to the public that may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Uniform Commercial Code 7-307
• Professional service corporation: means (i) a corporation organized under article fifteen of the business corporation law and (ii) any other corporation organized under the business corporation law or under any other predecessor statute, which is authorized by, or holds a license, certificate, registration or permit issued by, the licensing authority pursuant to the education law to render professional services within this state. See N.Y. Uniform Commercial Code 7-201
• Professional service corporation: means (i) a corporation organized under article fifteen of the business corporation law and (ii) any other corporation organized under the business corporation law or any predecessor statute, which is authorized by, or holds a license, certificate, registration or permit issued by, the licensing authority pursuant to the education law to render professional services within this state. See N.Y. Uniform Commercial Code 7-307
• Professional service limited liability company: means a limited liability company organized under this article. See N.Y. Uniform Commercial Code 7-201
• Professional service limited liability company: means a limited liability company organized under article twelve of this chapter. See N.Y. Uniform Commercial Code 7-307
• Program: shall mean the New York Higher Education Loan Program established by this article. See N.Y. New York City Administrative Code 27-902
• program: shall mean a proposal by an eligible applicant for a specific work or series of works for the revitalization and improvement of an eligible area through the creation, preservation or improvement of residential housing units; local commercial facilities; public facilities or other aspects of the area environment. See N.Y. Family Court Law 661
• Program: shall mean the New York first home savings program established pursuant to this article. See N.Y. Family Court Law 713
• program: shall mean the training and education program on occupational safety and health created pursuant to the provisions of section eight hundred eighty-six of this article. See N.Y. Tax Law 1821
• Program: shall mean the New York state college choice tuition savings program established pursuant to this article. See N.Y. Penal Law 70.02
• Program: shall mean any broadcast type program, signal, message, graphics, data, or communication content service. See N.Y. New York City Administrative Code 13-154
• Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Family Court Law 713
• Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Penal Law 70.02
• Program year: shall mean the calendar year. See N.Y. Vehicle & Traffic Law 391
• programs: shall mean a series of activities by an eligible applicant to administer funds to provide either loans or grants to homeowners and renters and to oversee the adaptation or retrofitting of eligible properties. See N.Y. Family Court Law 656
• Prohibited sports event: shall mean any collegiate sport or athletic event, any high school sport or athletic event or any horse racing event. See N.Y. New York City Administrative Code 16-111.1
• project: shall mean , with respect to an educational facilities capital plan, (a) the performance, at a specified educational facility, of one or more program elements, as defined in paragraph a, b, c or d of subdivision two of section twenty-five hundred ninety-p of this article; or (b) the performance of the program elements defined in paragraphs f and g of such subdivision or any system replacement identified in paragraph e of such subdivision. See N.Y. Penal Law 178.25
• Project: shall mean a non-profit capital development project invested with a public interest, including facilities incidental or appurtenant thereto and all lands, buildings and improvements acquired, owned, constructed, maintained or operated pursuant to this article, or any combination thereof. See N.Y. Family Court Law 353.4
• Project: shall mean (i) the construction of a new industrial or manufacturing plant, a new research and development building or other new eligible business facility, (ii) the acquisition, rehabilitation or improvement of a former or existing industrial or manufacturing plant, of a former or existing building to be used for research and development, of a former or existing other eligible business facility, (iii) the construction, acquisition, rehabilitation or improvement of pollution control facilities, (iv) the purchase of machinery and equipment, for which financial assistance from the authority is sought, or (v) assistance to employees under an employee ownership assistance loan agreement made pursuant to subtitle six of this title; provided, however, that any such plant, building, facility or machinery and equipment therefore shall not be primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain such goods or services, or used primarily as a hotel, apartment house or other place of business which furnishes dwelling space or accommodations to either residents or transients. See N.Y. Public Authorities Law 1801
• Project occupant: shall mean the business enterprise which proposes to use a project after construction, acquisition, rehabilitation or improvement. See N.Y. Public Authorities Law 1801
• projects: shall mean a specific work or series of works for the revitalization and improvement of a neighborhood through creation, preservation or improvement of residential housing units; preservation or improvement of local commercial facilities and public facilities or other aspects of the area environment which include as part of its project the creation, preservation or improvement of residential housing units. See N.Y. Family Court Law 580-307
• promise: is a n undertaking to pay and must be more than an

  acknowledgment of an obligation. See N.Y. Uniform Commercial Code 3-102

• proof of financial security: shall mean proof of ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle as evidenced by an owner's policy of liability insurance, a financial security bond, a financial security deposit, or qualifications as a self-insurer under section three hundred sixteen of this chapter or, in the case of a non-resident, under self-insurance provisions of the laws of the jurisdiction of such non-resident. See N.Y. Vehicle & Traffic Law 311
• Proofs: means multiples which are the same as, and which are produced from the same masters as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate. See N.Y. New York City Administrative Code 27-523
• Properly payable: includes the availability of funds for

  payment at the time of decision to pay or dishonor;

  (k) "Remitter" means the buyer from the obligated bank of a

  cashier's check or a teller's check, and the drawer of a

  certified check;

  (l) "Settle" means to pay in cash, by clearing house settlement,

  in a charge or credit or by remittance, or otherwise as

  instructed. See N.Y. Uniform Commercial Code 4-104

• Property: shall mean and include all of the real property or any incidental personal property constituting the underlying security for mortgage investments. See N.Y. New York City Administrative Code 17-1003
• Property: means and includes the land, the building and all other improvements thereon, (i) owned in fee simple absolute, or (ii) in the case of a condominium devoted exclusively to non-residential purposes, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than thirty years, or (iii) in the case of a qualified leasehold condominium, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than fifty years, and all easements, rights and appurtenances belonging thereto, and all other property, personal or mixed, intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this article. See N.Y. New York City Administrative Code 20-103
• Property: includes , but is not limited to, money, rights to claim refunds or rebates, postal savings deposits, bonds, notes, certificates, policies of insurance, other instruments of value, choses in action, obligations whether written or unwritten, and any thing of value of any nature whatsoever. See N.Y. Penal Law 250.65
• property: as used in this article means money, instruments payable, drawn or issued to bearer or to cash, goods, chattels and tangible personal property other than (a) "instruments" as defined in subdivision two of this section, (b) animals, (c) wrecks governed by the provisions of the navigation law, (d) logs and other property governed by section three hundred twenty-three of the town law and (e) vehicles governed by the vehicle and traffic law. See N.Y. Vehicle & Traffic Law 1809-C
• Prospective employee: means an individual seeking or being sought for employment with an employer. See N.Y. Tax Law 977
• Prospective employee: shall mean any individual, not currently an employee, who files an application for employment as an employee with a provider and the provider has a reasonable expectation to hire such individual as an employee. See N.Y. New York City Administrative Code 7-203
• Prospective relative guardian: shall mean a person or persons who is related to the child through blood, marriage, or adoption who has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying for kinship guardianship assistance payments. See N.Y. Social Services Law 458-A
• Prospective successor guardian: shall mean a person or persons whom a prospective relative guardian or a relative guardian seeks to name or names in the original kinship guardianship assistance agreement, or any amendment thereto, as set forth in section four hundred fifty-eight-b of this title, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a relative guardian, who has not been approved in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred fifty-eight-b of this title. See N.Y. Social Services Law 458-A
• Protected individual: means a person who is the subject of an HIV related test or who has been diagnosed as having HIV infection, AIDS or HIV related illness. See N.Y. New York City Administrative Code 3-406
• Provider: means a person who markets, sells, offers for sale, issues, makes or proposes to make or administers a service contract, and who is contractually obligated to provide service under a service contract. See N.Y. Retirement & Social Security Law 63-A
• Provider: shall mean any residential health care facility licensed under article twenty-eight of this chapter; or any certified home health agency, licensed home care services agency or long term home health care program certified under article thirty-six of this chapter; or any adult home, enriched housing program or residence for adults licensed under article seven of the social services law. See N.Y. New York City Administrative Code 7-203
• Provider fee: means the total purchase price or consideration paid for a service contract. See N.Y. Retirement & Social Security Law 63-A
• 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. New York City Administrative Code 27-740
• Psychological stress evaluator: means any mechanical device or instrument which purports to determine the truth or falsity of statements made by an employee or prospective employee on the basis of vocal fluctuations or vocal stress. See N.Y. Tax Law 977
• Psychological stress evaluator examination: means :

  (a) the questioning or interviewing of an employee or prospective employee for the purpose of subjecting the statements of such employee or prospective employee to analysis by a psychological stress evaluator;

  (b) the recording of statements made by an employee or prospective employee for the purpose of subjecting such statements to analysis by a psychological stress evaluator; or

  (c) analyzing, with a psychological stress evaluator, statements made by an employee or prospective employee for the purpose of determining the truth or falsity of such statements. See N.Y. Tax Law 977

• Public agency: means the state, any of its political subdivisions, a public benefit corporation, a public authority or commission or special purpose district board appointed pursuant to law, and a board of education. See N.Y. Social Services Law 461-A
• Public agency: shall mean the family court, the division for youth or the local social services district. See N.Y. Penal Law 220.06
• Public body: means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public body. See N.Y. New York City Administrative Code 11-2117
• Public building: means any building or portion thereof, other than a privately owned residential structure, public housing structure, police, fire or correction structure, constructed wholly or partially with state or municipal funds, whether tax funds, funds obtained through bond issues or grants or loans under any state law, which is likely to be used by physically handicapped persons, including, but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, transportation terminals and stations, factories, office buildings and business establishments. See N.Y. Family Court Law 761
• public corporation: shall mean a municipal corporation, a district corporation, or a public benefit corporation as defined in section sixty-six of the general construction law. See N.Y. Tax Law 3013
• Public corporation: shall mean any state and a public corporation as defined in section sixty-six of the general construction law, but shall not mean an agency or political subdivision of the United States or of a foreign nation. See N.Y. Penal Law 240.60
• Public corporation: shall mean a municipal corporation, a district corporation, or a public benefit corporation. See N.Y. Social Services Law 42
• Public disaster: shall mean an event such as fire, explosion, terrorist attack, severe weather conditions or other catastrophe that is declared a public emergency or disaster by the president of the United States, the governor of the state of New York or the mayor of the city of New York. See N.Y. New York City Administrative Code 20-912
• public document: shall mean any final annual, biennial, regular, statutorily mandated or other report, study or multi-year plan issued by a state agency in multiple copies, which has been distributed to the public, except items issued strictly for administrative or operational purposes, inter-agency and intra-agency memoranda, drafts of reports, public service announcements, written opinions rendered in cases determined in the court of appeals, appellate divisions of the supreme court or any other court of record and any public documents or portions thereof that are compiled for law enforcement purposes and which, if disclosed, would interfere with law enforcement investigations or judicial proceedings, deprive a person of the right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures, other than routine techniques and procedures. See N.Y. Vehicle & Traffic Law 404-U*3
• Public employee: shall mean every person employed by the state or any municipality or other political subdivision thereof or by a local legislative body, other than a public officer defined in subdivision one of this section, who is required to devote all or substantially all of his or her time to the duties of his or her employment for which he or she receives compensation, or if employed on a part-time basis receives compensation in excess of twelve thousand dollars per annum, or an employee of the state legislature or an employee of the state gaming commission. See N.Y. New York City Administrative Code 13-172
• Public health emergency: shall mean a declaration made by the commissioner of health and mental hygiene pursuant to section 3. See N.Y. New York City Administrative Code 20-912
• Public information coordinator: means an office created within the department which shall assist and advise interested parties and members of the public in participating in the siting and certification of major electric generating facilities. See N.Y. New York City Administrative Code 13-140
• public library system: as used in this article means:

  (1) A library established by one or more counties. See N.Y. New York City Administrative Code 27-866

• Public offering: means a stock offering required to be registered pursuant to the Securities Act of 1933, United States Code, Title 15, Section 77e. See N.Y. Retirement & Social Security Law 73
• Public officer: shall mean every elected state and local officer and every other state and local officer, as defined in section two of the public officers law, whose duties relate to pari-mutuel racing activities or the taxation thereof, who is required to devote all or substantially all of his or her time to the duties of his or her office for which he or she receives compensation or if employed on a part-time or other basis receives compensation in excess of twelve thousand dollars per annum, a member or officer of the state legislature, a member, director or officer of the state gaming commission, or any regional off-track betting corporation, or a member of a local legislative body. See N.Y. New York City Administrative Code 13-172
• public official: shall mean :

  (i) the governor, lieutenant governor, comptroller or attorney general;

  (ii) members of the state legislature;

  (iii) state officers and employees including:

  (A) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis,

  (B) officers and employees of statewide elected officials,

  (C) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies,

  (D) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, and employees of such authorities, corporations and commissions;

  (iv) officers and employees of the legislature; and

  (v) municipal officers and employees including 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. Tax Law 3013

• Public service commission: shall mean the public service commission established by section 4 of the public service law. See N.Y. New York City Administrative Code 20-912
• Public utility mass real property: means real property, including conduits, cables, lines, wires, poles, supports and enclosures for electrical conductors located on, above and below real property, which is used in the transmission and distribution of telephone or telegraph service, and electromagnetic voice, video and data signals. See N.Y. Real Property Tax Law 499-HHHH
• Public water supply system: shall mean a permanently installed water withdrawal system including its source, collection, pumping,

  treatment, transmission, storage and distribution facilities used in connection with such system, which provides piped potable water to the public for potable purposes, if such system has at least five service connections used by year-round residents. See N.Y. New York City Administrative Code 13-325

• publicly-funded emergency shelter for families with children: means any facility with overnight sleeping accommodations and that is used to house recipients of temporary housing assistance and which houses or may house children and families with children. See N.Y. Social Services Law 412
• Publisher: means any publishing house, publishing firm, or publishing company that publishes textbooks and supplemental materials. See N.Y. Penal Law 70.45
• Pupil: means a child for whom transportation aid is paid and who lives more than one and one-half miles from the school which he or she attends, measured by the nearest available road to such school, or a child who lives more than one mile from an approved route, measured by the nearest available road to such route, and also lives more than one and one-half miles from the school which he or she attends. See N.Y. New York City Administrative Code 27-2056
• Pupil: means a resident of the state of New York who has been enrolled full-time in a nonpublic school and whose parents' combined taxable income is less than five thousand dollars. See N.Y. Penal Law 55.10
• Purchase: includes taking by sale, lease, mortgage, security

  interest, pledge, gift, or any other voluntary transaction

  creating an interest in goods. See N.Y. Uniform Commercial Code 2-A-103

• Purchase price: shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See N.Y. Vehicle & Traffic Law 2286
• Purchaser: means a person who buys or has bought a New York instrument from an uninsured transmitter of money or agent thereof. See N.Y. New York City Administrative Code 20-331
• purchaser: includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. See N.Y. New York City Administrative Code 19-303
• Purchasing group: means any group formed pursuant to the federal liability risk retention act of 1986 which:

  (1) has as one of its purposes the purchase of liability insurance on a group basis;

  (2) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in paragraph three of this subsection;

  (3) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

  (4) is domiciled in any state. See N.Y. Real Property Tax Law 730

• pure honey: as used in this article , shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. See N.Y. Uniform Commercial Code 9-619
• Pure seed: means agricultural, vegetable, flower, tree, or shrub seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kinds, or kinds and varieties being considered. See N.Y. Tax Law 1202-E
• Pyrotechnics: means any combustible or explosive compositions of manufactured articles designed and prepared for the purpose of producing audible or visible effects that are commonly referred to as fireworks. See N.Y. Tax Law 601
• Qualified actuary: means an actuary who is a member in good standing of the American Academy of Actuaries or Society of Actuaries, with experience in establishing rates for self-insured trusts providing health benefits or other similar experience. See N.Y. Real Property Tax Law 511
• qualified applicant: means a not-for-profit corporation under contract pursuant to article seventeen of this chapter or any other locally based organization which is either incorporated under the not-for-profit corporation law (or such law together with any other applicable law) or, if unincorporated, is not organized for the private profit or benefit of its members. See N.Y. Family Court Law 580-507
• qualified bondholder: means any bondholder who (a) has acquired a bond by purchase before the default or the institution of proceedings which is the basis of an application under section two hundred eighty-six and in any event at least one year before the making of such application, unless such bondholder shall have been an original purchaser or (b) who has acquired a bond by gift or inheritance from a bondholder who acquired the same by purchase before the default or the institution of proceedings which is the basis of an application under section two hundred eighty-six and in any event at least six months before the making of such application; provided, however (a) that such bond was not purchased for the purpose of making such an application; (b) that the list of bondholders shall not be for the purpose of communicating with bondholders in the interests of an object other than the particular indenture securing the issue of bonds; and (c) that such petitioner has not within five years sold or offered for sale any list of stockholders of any corporation, or aided or abetted any person in procuring any stock list for any such purpose or sold or offered for sale any list of bondholders of any obligor or aided or abetted any person in procuring such a list for any such purpose. See N.Y. Vehicle & Traffic Law 2105
• Qualified escrow fund: means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with paragraph (b) of subdivision two of section thirteen hundred ninety-nine-pp of this article. See N.Y. Family Court Law 1036
• Qualified first home purchase expenses: shall mean monies applied for the purchase or construction of a house, townhouse, condominium or unit in a cooperative housing corporation within the state to be used as a primary residence of the account owner or designated beneficiary for a period of not less than two years after purchase. See N.Y. Family Court Law 713
• Qualified higher education expenses: shall mean any qualified higher education expense included in section 529 of the Internal Revenue Code of 1986, as amended. See N.Y. Penal Law 70.02
• Qualified leasehold condominium: means any leasehold interest in real property intended to be used for either residential purposes, commercial purposes, industrial purposes or any combination of such purposes, together with any fee simple absolute or leasehold interest in the buildings and all other improvements which have been or at any time hereafter may be erected upon such real property, which has been or is intended to be submitted to the provisions of this article, provided that, on the date of the recording of the declaration: (i) the battery park city authority or the Roosevelt Island operating corporation is the holder of the tenant's interest in such leasehold interest or (ii) the Queens West development corporation is the holder of the landlord's interest in such leasehold interest or (iii) the Brooklyn bridge park development corporation is the holder of the landlord's interest in such leasehold interest, or (iv) the New York city educational construction fund is the holder of the landlord's interest in such leasehold interest for property located in the borough of Manhattan, in the city of New York, bounded on the east by Second Ave, on the west by Third Avenue, to the north by East Fifty-seventh Street, and to the south by East Fifty-sixth Street. See N.Y. New York City Administrative Code 20-103
• Qualified medical and health personnel: means physicians, registered professional nurses and advanced emergency medical technicians competent in the management of patients requiring advanced life support care. See N.Y. New York City Administrative Code 8-205
• Qualified psychiatrist: means , for the purposes of this article, a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or (b) is certified by the

  American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board. See N.Y. New York City Administrative Code 7-606

• Qualified residential housing: shall mean a house, townhouse, condominium or unit in a cooperative housing corporation within the state. See N.Y. Family Court Law 713
• Qualified retired New York or federal law enforcement officer: means an individual who is a retired police officer as police officer is defined in subdivision thirty-four of section 1. See N.Y. Penal Law 265.00
• Qualified United States financial institution: has the meaning set forth in the regulations as promulgated from time to time by the superintendent. See N.Y. Retirement & Social Security Law 63-A
• Qualified withdrawal: shall mean a withdrawal from an account to pay the qualified first home purchase expense of the account owner or designated beneficiary of the account. See N.Y. Family Court Law 713
• Qualified withdrawal: shall mean a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account at an eligible educational institution. See N.Y. Penal Law 70.02
• Qualifying World Trade Center condition: shall mean a qualifying condition or impairment of health resulting in disability to a member who participated in World Trade Center rescue, recovery or cleanup operations for a qualifying period, as those terms are defined below, provided the following conditions have been met: (i) such member, or eligible beneficiary in the case of the member's death, must have filed a written and sworn statement with the member's retirement system on a form provided by such system indicating the underlying dates and locations of employment not later than September eleventh, two thousand eighteen, and (ii) such member has either successfully passed a physical examination for entry into public service, or authorized release of all relevant medical records, if the member did not undergo a physical examination for entry into public service; and (iii) there is no evidence of the qualifying condition or impairment of health that formed the basis for the disability in such physical examination for entry into public service or in the relevant medical records, prior to September eleventh, two thousand one except for such member, or eligible beneficiary in the case of the member's death, of a local retirement system of a city with a population of one million or more that is covered by section 13-551 of the administrative code of the city of New York, or by section twenty-five hundred seventy-five of the education law and for such member who separated from service with vested rights, or eligible beneficiary of such member who separated from service with vested rights in the case of the member's death, of a local retirement system of a city with a population of one million or more who are covered by sections 13-168, 13-252. See N.Y. Retirement & Social Security Law 2
• quarter horse racing: as used in this article , shall be construed to mean only horse racing in which the horses participating are mounted by a jockey and are registered by the American Quarter Horse Association. See N.Y. New York City Administrative Code 14-125
• racing: as used in this article , shall be construed to mean only horse racing in which the horses participating are harnessed to a sulky, carriage, or similar vehicle, and shall not include any form of horse racing in which the horses participating are mounted by a jockey. See N.Y. New York City Administrative Code 13-552.2
• Radiation: shall mean all ionizing radiation above background levels or any non-ionizing radiation used in diagnostic imaging or in radiation oncology. See N.Y. Uniform Commercial Code 9-617
• Radiation therapist: means a person, other than a licensed physician, who is licensed under this article to practice radiation therapy. 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
• Radiographer: means a person, other than a licensed practitioner, who is licensed under this article to practice radiography. 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
• Radiological physics: shall mean diagnostic radiological physics, therapeutic radiological physics or radiation oncology physics, medical nuclear physics and medical health physics. See N.Y. Uniform Commercial Code 9-617
• Radiological procedure: shall mean any test, measurement, calculation or radiation exposure for the purpose of diagnosis or treatment of any medical condition of a human, including therapeutic radiation, diagnostic imaging and measurements, and nuclear medicine procedures. See N.Y. Uniform Commercial Code 9-617
• Railroad company: means a corporation, joint stock company, association, partnership, individual or other person operating a railroad system wholly within the state of New York as a common carrier by rail, including but not limited to a street, surface, underground or elevated railroad, whether as owner, lessee, mortgagee, trustee, receiver or assignee of railroad real property. See N.Y. Real Property Tax Law 489-B
• Railroad company: means a corporation , joint stock company, association, partnership, individual or other person operating a railroad system both within and without the State of New York as a common carrier by rail, including but not limited to a street, surface, underground or elevated railroad and any corporation created under or in compliance with the rail passenger service act of nineteen hundred seventy or the regional rail reorganization act of nineteen hundred seventy-three as those acts were amended to April first, nineteen hundred seventy-six, whether as owner, lessee, mortgagee, trustee, receiver or assignee of railroad real property. See N.Y. Real Property Tax Law 489-BB
• Railroad real property: means the land, real estate and real property (as defined in subdivision twelve of section one hundred two of this chapter) of a railroad company, which is used by such railroad company for transportation purposes and which is subject to real property taxation except as provided in this title, and includes (a) such property leased to such railroad company, (b) such property used for transportation purposes by such railroad company under a trackage right or other operating agreement, title to which is in other than a railroad company, as defined in subdivision two of this section and subdivision two of section four hundred eighty-nine-bb of this chapter, (c) such property used or occupied by such railroad company, title to which is in the state or in any municipal corporation thereof under any of the grade crossing elimination acts, and (d) such tangible property of such railroad company situated in, upon, under or above any street, highway, public place or public waters; but does not include the value of any franchise, right or permission to construct, maintain or operate, in, under, above, on or through, streets, highways or public places. See N.Y. Real Property Tax Law 489-B
• Railroad real property: means the land, real estate and real property (as defined in subdivision twelve of section one hundred two of this chapter) of a railroad company, which is used by such railroad company for transportation purposes and which is subject to real property taxation except as provided in this title, and includes (a) such property leased to such railroad company, (b) such property used for transportation purposes by such railroad company under a trackage right or other operating agreement, title to which is in other than a railroad company as defined in subdivision two of this section and subdivision two of section four hundred eighty-nine-b of this chapter, (c) such property used or occupied by such railroad company, title to which is in the state or in any municipal corporation thereof under any of the grade crossing elimination acts, and (d) the tangible property of such railroad company situated in, upon, under or above any street, highway, public place or public waters; but does not include the value of any franchise, right or permission to construct, maintain or operate, in, under, above, on or through, streets, highways or public places. See N.Y. Real Property Tax Law 489-BB
• Railroad worker: means any person employed by an employer who operates a steam, electric or diesel surface railroad or is engaged in the sleeping car business. See N.Y. Social Services Law 409-F
• real estate broker: means any person, firm, limited liability company or corporation, who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates or offers or attempts to negotiate, a loan secured or to be secured by a mortgage, other than a residential mortgage loan, as defined in section five hundred ninety of the banking law, or other incumbrance upon or transfer of real estate, or is engaged in the business of a tenant relocator, or who, notwithstanding any other provision of law, performs any of the above stated functions with respect to the resale of condominium property originally sold pursuant to the provisions of the general business law governing real estate syndication offerings. See N.Y. New York City Administrative Code 21-114
• Real estate purchase contract: means any of the following:

  (a) a contract which provides for the purchase and sale or exchange of residential real property;

  (b) a lease with an option to purchase residential real property;

  (c) a lease-with-obligation-to-purchase agreement for residential real property; or

  (d) an installment land sale contract for residential real property. See N.Y. New York City Administrative Code 21-318

• Real estate salesman: means a person associated with a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate other than a mortgage loan as defined in section five hundred ninety of the banking law, or to lease or rent or offer to lease, rent or place for rent any real estate, or collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker, or who, notwithstanding any other provision of law, performs any of the above stated functions with respect to the resale of a

  condominium property originally sold pursuant to the provisions of the general business law governing real estate syndication offerings. See N.Y. New York City Administrative Code 21-114

• real property: as used in this article , includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. See N.Y. New York City Administrative Code 19-303
• real property: as used in this title , shall exclude the executive mansion. See N.Y. New York City Administrative Code 27-656
• Real property: shall mean lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term and includes also any and all interests in such property less than full title, such as easements permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments in every estate, interest or right, legal or equitable. See N.Y. Public Authorities Law 1801
• Real property tax escrow account: means an account established by contract between a mortgagor of real property improved by a one to six family residence and the mortgage investing institution having a mortgage thereon, into which the mortgage investing institution shall deposit money collected from the mortgagor for the purpose of paying taxes. See N.Y. Real Property Tax Law 952
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of an attending physician, or the hospital. See N.Y. New York City Administrative Code 7-626
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician or another person acting on behalf of the attending physician or the hospital. See N.Y. New York City Administrative Code 7-501
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician or another person acting on behalf of the attending physician or the hospital. See N.Y. New York City Administrative Code 7-606
• rebate: shall mean a refund of a certain portion of the wholesale price of a drug based on a negotiated agreement between a drug manufacturer and any administrator of the prescription drug discount card program created pursuant to this chapter. See N.Y. New York City Administrative Code 17-1002
• Receiving house: means the house to which is transmitted a certified copy of a petition timely executed by two-thirds of the members of the initiating house. See N.Y. Uniform Commercial Code 2-209
• Receiving track: means any track where simulcasts originated from another track are displayed;

  e. See N.Y. New York City Administrative Code 15-217

• rechargeable battery: means any rechargeable nickel-cadmium, sealed lead, lithium ion, nickel metal hydride battery, or any other such dry cell battery capable of being recharged weighing less than twenty-five pounds, or battery packs containing such batteries; but shall not include a battery used as the principal electric power source for a vehicle, such as, but not limited to, an automobile, boat, truck, tractor, golf cart or wheelchair; for storage of electricity generated by an alternative power source, such as solar or wind-driven generators; or for memory backup that is an integral component of an electronic device;

  5. See N.Y. New York City Administrative Code 20-388

• Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of this title. See N.Y. New York City Administrative Code 20-234
• Reclamation plan: means a description of operations to be performed by the applicant to reclaim the land to be mined over the life of the mine. See N.Y. New York City Administrative Code 20-234
• Recombinant DNA: means DNA molecules which;

  (a) have been formed by joining together DNA segments in a cell-free system and which have the capacity to enter a cell and to replicate in such cell either autonomously or after they have become an integrated part of such cell's genome; or

  (b) are the result of a replication of the DNA molecules described in paragraph (a) of this subdivision. See N.Y. New York City Administrative Code 9-101

• Recombinant DNA activity: means the possession of recombinant DNA by any person and any activity undertaken by any person for the production of recombinant DNA. See N.Y. New York City Administrative Code 9-101
• Reconstruction: means the modernization, rehabilitation, expansion or other improvement of an existing commercial or industrial structure where the total proposed project cost is in an amount equal to at least twenty percentum of the assessed value of the property at the time an application for a certificate of eligibility pursuant to this title is made, and where such modernization, rehabilitation, expansion or other improvement is physically and functionally integrated with the existing structure and does not create additional usable square footage greater than fifty per centum of the usable square footage of the existing structure except in a case where the existing structure has been substantially destroyed by fire or other casualty;

  8. See N.Y. Real Property Tax Law 489-AAA

• 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. New York City Administrative Code 27-685
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Vehicle & Traffic Law 426
• Record: means any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes. See N.Y. New York City Administrative Code 11-1618
• recorded: means the entry, at length, upon the pages of the proper record books in a plain and legible hand writing, or in print or in symbols of drawing or by photographic process or partly in writing, partly in printing, partly in symbols of drawing or partly by photographic process or by any combination of writing, printing, drawing or photography or either or any two of them, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. New York City Administrative Code 19-303
• Recording group: means any vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which such member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See N.Y. New York City Administrative Code 27-636
• recording officer: means the county clerk of the county, except in a county having a register, where it means the register of the county. See N.Y. New York City Administrative Code 19-303
• Records retention and disposition schedule: means a list or other instrument describing records and their retention periods which is issued by the commissioner of education. See N.Y. New York City Administrative Code 27-685
• Redeemer: means every person who demands the refund value provided for herein in exchange for the empty beverage container, but shall not include a dealer as defined in subdivision four of this section. See N.Y. New York City Administrative Code 20-320
• Redemption center: means any person offering to pay the refund value of an empty beverage container to a redeemer, or any person who contracts with one or more dealers or distributors to collect, sort and obtain the refund value and handling fee of empty beverage containers for, or on behalf of, such dealer or distributor under the provisions of section 27-1013 of this title. See N.Y. New York City Administrative Code 20-320
• reference and research library resources system: as used in this article means a duly chartered educational institution resulting from the association of a group of institutions of higher education, libraries, non-profit educational institutions, hospitals, and other institutions organized to improve reference and research library resources service. See N.Y. New York City Administrative Code 27-866
• Region: shall mean those portions of the rural area of the state, as specified in the contract entered into pursuant to this article, within which housing and community renewal activities funded in part pursuant to this article are to be carried out. See N.Y. Family Court Law 580-312
• Regional council: means a regional emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
• Regional medical advisory committee: means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, basic life support providers, advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils. See N.Y. New York City Administrative Code 8-205
• Regional or joint transportation system: means a transportation system in which a school district participates pursuant to a contract executed in accordance with paragraph h of subdivision twenty-five of section seventeen hundred nine of this chapter. See N.Y. New York City Administrative Code 27-2056
• Regional track or tracks: means any or all tracks located within a region defined as an off-track betting region, except that for the purposes of section one thousand eight of this article any track located in New York city, or Nassau, Suffolk and Westchester counties, shall be deemed a regional track for all regions located in district one, as defined in this section;

  h. See N.Y. New York City Administrative Code 15-217

• Regional trauma advisory committee: means a regional trauma advisory committee continued or established by this article. See N.Y. New York City Administrative Code 8-907
• Registered mortgage loan originator: means any individual who:

  (a) Meets the definition of mortgage loan originator and is an employee of:

  (i) a depository institution;

  (ii) a subsidiary that is owned and controlled by a depository institution and regulated by a federal banking agency; or

  (iii) an institution regulated by the Farm Credit Administration; and

  (b) Is registered with, and maintains a unique identifier through, the NMLSR. See N.Y. New York City Administrative Code 20-264*2

• 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
• registered voter: shall mean an elector of the city of New York under the election law. See N.Y. Penal Law 178.25
• registrant: shall mean an operator that is registered by the commission. See N.Y. New York City Administrative Code 16-111.1
• Registrant: means any person who has registered a commercial feed manufacturing facility or brand of pet food or specialty pet food pursuant to the provisions of section one hundred twenty-nine of this article. See N.Y. Tax Law 1202-AA*3
• registration number: means the number assigned to and that identifies a particular domestic animal, which number and the identifying characteristics of such domestic animal are set forth in a registry maintained by a breed association recognized by the department. See N.Y. Public Authorities Law 1824
• Regular exemption area: means an area in which a regular exemption from taxes in accordance with subdivision three of section four hundred eighty-nine-bbbb of this title shall be available to a recipient who performs commercial construction work. See N.Y. Real Property Tax Law 489-AAAA
• Regular school year: means all of the months of the calendar year exclusive of July and August. See N.Y. Penal Law 55.10
• Regulated waste: means any one of the following types of waste: raw sewage, septage, sludge from a sewage or water supply treatment plant, industrial-commercial waste, low-level radioactive waste as defined in subdivision nine of this section, waste tires or waste oil. See N.Y. New York City Administrative Code 20-275
• Rehabilitation: shall mean the installation, replacement or repair of heating, plumbing, electrical and related systems, or elimination of conditions dangerous to human life or detrimental to health, including nuisances as defined in section three hundred nine of the multiple dwelling law, or other rehabilitation or improvement of existing multiple dwellings. See N.Y. Family Court Law 580-105
• Reinsurance: means cessions qualifying for credit under section six thousand nine hundred six of this article. See N.Y. Real Property Tax Law 987
• 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
• related income or earnings tax statute: means any law, ordinance or resolution imposed pursuant to the authority of article thirty, thirty-a or thirty-b of this chapter or article two-E of the general city law, while such article two-E shall remain in full force and effect. See N.Y. Tax Law 1800
• related statute: means any tax imposed by any law, ordinance or resolution enacted pursuant to the authority of this chapter or article two-E of the general city law, while such article two-E shall remain in full force and effect, and administered by the tax commission. See N.Y. Tax Law 1800
• Relative: means any person who is related to the child by blood, marriage or adoption and who is not a parent, putative parent or relative of a putative parent of the child. See N.Y. Family Court Law 1012
• Relative guardian: shall mean a person or persons who was appointed, as a guardian or permanent guardian for a child after entering into an agreement with a social services official for the receipt of payments and services in accordance with this title. See N.Y. Social Services Law 458-A
• Release of confidential HIV related information: means a written authorization for disclosure of confidential HIV related information which is signed by the protected individual, or if the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual. See N.Y. New York City Administrative Code 3-406
• Relevant market area: means :

  (a) if the proposed additional or relocated motor vehicle dealer is to be located in a county having a population in excess of one hundred thousand, the area within the radius of six miles of the intended site of the proposed or relocated dealer. See N.Y. Vehicle & Traffic Law 462

• religious burial society: means a corporation or unincorporated association or society having among its activities or its former activities the provision of burial benefits for its members and supervised or controlled by a religious corporation. See N.Y. Vehicle & Traffic Law 1130
• Relocation: means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location fifty miles or more away. See N.Y. Tax Law 1262-A
• Remediate: shall mean the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the commissioner of health and mental hygiene. See N.Y. New York City Administrative Code 27-2056.2
• Renovation exemption area: means the area specified in paragraph (d) of subdivision five of section four hundred eighty-nine-cccc of this title in which a renovation exemption from taxes in accordance with subdivision five of section four hundred eighty-nine-bbbb of this title shall be available to a recipient who performs renovation construction work. See N.Y. Real Property Tax Law 489-AAAA
• Rent regulated tenant: shall mean a person occupying a housing accommodation which is subject to the regulations and control of residential rents and evictions pursuant to the emergency housing rent control law, the local emergency housing rent control act, the emergency tenant protection act of nineteen seventy-four, the New York city rent and rehabilitation law or the New York city rent stabilization law of nineteen hundred sixty-nine, and such person is either a party to a lease or rental agreement for such housing accommodation, a statutory tenant or a person who lawfully occupies such housing accommodation with such party to a lease or rental agreement or with such statutory tenant. See N.Y. Penal Law 241.00
• Reorganized insurer: means the stock life insurer into which a mutual life insurer has been reorganized in accordance with the provisions of this article. See N.Y. Retirement & Social Security Law 73
• Reorganizing insurer: means , in the case of a plan of reorganization of a mutual life insurer under this article, the mutual life insurer that is reorganizing pursuant to such plan. See N.Y. Retirement & Social Security Law 73
• Representative: means an exclusive representative within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U. See N.Y. Tax Law 1262-A
• representative: shall mean any person or entity engaging in any activity in this state for or on behalf of a foreign banking corporation, provided that such activity is not otherwise permitted by law. See N.Y. New York City Administrative Code 13-607
• representatives: includes a labor organization or an individual whether or not employed by the employer of those whom he represents. See N.Y. Tax Law 684
• Reproduction: means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist. See N.Y. New York City Administrative Code 27-523
• Reproduction right: means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art. See N.Y. New York City Administrative Code 27-523
• Resale: means any sale of a ticket for entrance to a place of entertainment located within the boundaries of the state of New York other than a sale by the operator or the operator's agent who is expressly authorized to make first sales of such tickets. See N.Y. New York City Administrative Code 27-606
• Reserves: means the aggregate total of capital, advance premiums, assessments and retained earnings of the fund. See N.Y. New York City Administrative Code 19-112
• Reservoir: means any underground reservoir, natural or artificial cavern or geologic dome, sand or stratigraphic trap, whether or not previously occupied by or containing oil or gas. See N.Y. New York City Administrative Code 19-186
• Residence: shall mean a dwelling that the patient considers to be his or her home. See N.Y. New York City Administrative Code 8-116
• Resident: means a person to whom a contractual obligation is owed and who either: (1) resides in this state on the date of entry of a court order of liquidation or rehabilitation with respect to a member insurer that is an impaired or insolvent insurer; or (2) resided in this state at the time a member insurer issued a covered policy to such person. See N.Y. Retirement & Social Security Law 19-A
• Resident: shall mean any person who, pursuant to a continuing care retirement contract or continuing care at home contract, is entitled to reside in and/or receive services from a continuing care retirement community. See N.Y. New York City Administrative Code 10-203
• Resident: shall mean any person who, pursuant to a contract, is entitled to reside in and receive services from a fee-for-service continuing care retirement community. See N.Y. New York City Administrative Code 10-604
• Resident: shall mean :

  (a) An individual domiciled in this state;

  (b) A domestic corporation;

  (c) A banking organization, as defined in section one hundred three of this chapter; and

  (d) This state and any public corporation organized under its laws. See N.Y. Penal Law 240.60

• Resident: means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living or enhanced assisted living residence, as applicable. See N.Y. Public Health Law 4651*2
• Residential building: means a structure consisting of one to four dwelling units and their garages and carport but shall not include any such structure newly constructed or not previously occupied as a dwelling unit. See N.Y. New York City Administrative Code 21-134
• Residential construction work: means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. See N.Y. Real Property Tax Law 489-AAAAA
• Residential health care demonstration facility: shall mean a residential health care facility containing up to sixty beds, within the defined geographical boundary of each health systems agency established under the provisions of subdivision (c) of section twenty-nine hundred four of this chapter, provided that such residential health care facility is an integrated part of a comprehensive system of residential and support services for the elderly, providing either directly or through one or more affiliated entities, prior to the effective date of this subdivision, on or adjacent to the site of the proposed residential health care facility, independent living units, an adult care facility as defined in section two of the social services law and a range of health care and social services, which may include home health care, counselling, case management and information and referral. See N.Y. New York City Administrative Code 10-203
• Residential health care facility: means a residential health care facility as defined in subdivision three of section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 7-626
• Residential health care facility: means a residential health care facility as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
• Residential health care facility: means a nursing home or a facility providing health-related service. See N.Y. New York City Administrative Code 3-710.5
• Residential mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage, deed of trust or other equivalent consensual security interest on a dwelling (as defined in section 1203(v) of the Truth in Lending Act) or residential real property or any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property and shall include any refinance or modification of any such existing loan. See N.Y. New York City Administrative Code 20-264*2
• Residential mortgage loan: means a loan or agreement to extend credit, including the renewal, refinancing or modification of any such loan, made to a person, which loan is primarily secured by either a mortgage, deed of trust, or other lien upon any interest in residential real property or any certificate of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property. See N.Y. Penal Law 187.00
• Residential property: means property, other than property used for hotel purposes, on which exists or will exist, upon completion of construction work, a building or structure used for residential purposes. See N.Y. Real Property Tax Law 489-AAAA
• Residential real property: shall mean real property located in this state improved by a one-to-four family residence or residential unit in a building used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such residence is to be constructed. See N.Y. New York City Administrative Code 20-264*2
• Residential real property: means real property improved by a one to four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to (a) unimproved real property upon which such dwellings are to be constructed, or (b) condominium units or cooperative apartments, or (c) property in a homeowners' association that is not owned in fee simple by the seller. See N.Y. New York City Administrative Code 21-318
• Resource and referral program: shall mean an agency funded pursuant to this title to provide services specified in section four hundred ten-r of this title within a defined geographic area;

  3. See N.Y. Social Services Law 410-P

• Resource recovery: means the separation, extraction and recovery of useable materials, energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities. See N.Y. New York City Administrative Code 20-285
• Resource recovery: means any method, technique, or process utilized to separate, process, modify, convert, treat or otherwise prepare hazardous waste so that the component materials or substances thereof may be beneficially used or reused as raw materials, exclusive of useable energy. See N.Y. New York City Administrative Code 20-297.7
• Respondent: shall mean a person accused of a violation who has entered an institution's judicial or conduct process. See N.Y. Penal Law 415.00
• Respondent: means the person against whom a juvenile delinquency petition is filed pursuant to section 310. See N.Y. Family Court Law 301.2
• 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. New York City Administrative Code 27-925
• Restricted activity: means any entertainment activity which the department of finance has identified in regulations promulgated pursuant to a local law enacted pursuant to this title as an activity which, in the public interest, should not be encouraged through the benefits of this title. See N.Y. Real Property Tax Law 489-AAAA
• Restricted activity: means any entertainment activity which the department of finance has identified in rules as an activity which, in the public interest, should not be encouraged through the benefits of this title. See N.Y. Real Property Tax Law 489-AAAAA
• Restricted activity: means any entertainment activity that the department has identified in rules promulgated pursuant to a local law

  enacted pursuant to this title as an activity which, in the public interest, should not be encouraged through the benefits of this title. See N.Y. Real Property Tax Law 489-AAAAAA

• restricted period: shall mean the period of time commencing with the earliest written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract with a state agency, either house of the state legislature, the unified court system, or a municipal agency, as that term is defined by paragraph (ii) of subdivision (s) of this section, and ending with the final contract award and approval by the state agency, either house of the state legislature, the unified court system, or a municipal agency, as that term is defined by paragraph (ii) of subdivision (s) of this section, and, where applicable, the state comptroller. See N.Y. Tax Law 3013
• Restrictive placement: means a placement pursuant to section 353. See N.Y. Family Court Law 301.2
• Retail dealer: means a dealer whose business consists in whole or in part of buying, selling or dealing in motor vehicles, motorcycles or trailers at retail. See N.Y. Vehicle & Traffic Law 415
• Retail purposes: means any activity that consists predominately of (a) the final sale of tangible personal property or services by a vendor as defined in section eleven hundred one of the tax law, (b) the sale of services that generally involve the physical, mental, and/or spiritual care of individuals or the physical care of the personal property of individuals, (c) retail banking services, or (d) the final sale of food and/or beverage by a vendor as defined in section eleven hundred one of the tax law, including the assembly, processing or packaging of goods, provided that sales of such tangible personal property or services are predominantly to purchasers who personally visit the facilities at which such sales are made or such property and services are provided. See N.Y. Real Property Tax Law 489-AAAAAA
• retailer: means a person, firm or corporation that engages in the sale of rechargeable batteries, or products containing such batteries, to a consumer in the state, including, but not limited to, transactions conducted through sales outlets, catalogs, by mail, telephone or the internet. See N.Y. New York City Administrative Code 20-388
• Retailer: shall mean any mercantile enterprise which sells to consumers or offers to sell to consumers any men's, women's, children's or infants' apparel, or a section or component of apparel, designed or intended to be worn by any individual consumer. See N.Y. Social Services Law 462-B
• Retaliation: shall mean any threat, discipline, discharge, demotion, suspension, reduction in employee hours, or any other adverse employment action against any employee for exercising or attempting to exercise any right guaranteed under this chapter. See N.Y. New York City Administrative Code 20-912
• Retention period: means the minimum length of time that must elapse before a record is eligible for disposition. See N.Y. New York City Administrative Code 27-685
• Retirement allowance: shall mean the pension plus the annuity. See N.Y. New York City Administrative Code 27-2117
• Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. New York City Administrative Code 27-2117
• Retirement fund: shall mean the state teachers' retirement fund for public school teachers of the state of New York as created by chapter one hundred forty of the laws of nineteen hundred ten, chapter four hundred forty-nine of the laws of nineteen hundred eleven, chapter forty-four of the laws of nineteen hundred fourteen, chapter one hundred three of the laws of nineteen hundred nineteen and chapter one hundred sixty-one of the laws of nineteen hundred twenty-three. See N.Y. New York City Administrative Code 27-2117
• Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. New York City Administrative Code 27-2117
• Revenue sharing: shall mean any arrangement whereby a lending institution pays a covered institution or an affiliated entity or organization of such covered institution a percentage of the principal of each loan directed towards the lending institution from a borrower at the covered institution. See N.Y. Penal Law 60.21
• Reverse vending machine: means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recognize the universal product code (UPC) on containers to determine if the container is redeemable and accumulates information regarding containers redeemed, including the number of such containers redeemed, thereby enabling the reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for their refund value. See N.Y. New York City Administrative Code 20-320
• 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
• Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. See N.Y. Penal Law 265.00
• Risk retention group: means any corporation or other limited liability association formed pursuant to the federal liability risk retention act of 1986:

  (1) whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;

  (2) which is organized for the primary purpose of conducting the activity described under paragraph one of this subsection;

  (3) which:

  (A) is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or

  (B) before January first, nineteen hundred eighty-five, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of such state, except that any such group shall be considered to be a risk retention group only if it has been engaged in business continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability;

  (4) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person;

  (5) which:

  (A) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or

  (B) has as its sole owner an organization which has as its members only persons who comprise the membership of the risk retention group and which organization has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by the risk retention group;

  (6) whose members are engaged in businesses or activities similar or related with respect to the liability of which such members are exposed by virtue of any related, similar, or common business trade, product, services, premises or operations;

  (7) whose activities do not include the provision of insurance other than:

  (A) liability insurance for assuming and spreading all or any portion of the liability of its group members; and

  (B) reinsurance with respect to the liability of any other risk retention group (or any member of such other risk retention group) which is engaged in businesses or activities which meet the requirement described in paragraph six of this subsection for membership in the risk retention group which provides such reinsurance; and

  (8) the name of which includes the phrase "risk retention group". See N.Y. Real Property Tax Law 730

• Route: means a highway or highways over and upon which a school bus regularly travels in accordance with a schedule maintained for the transportation of pupils from their homes to school. See N.Y. New York City Administrative Code 27-2056
• rules: shall mean a rule or rules promulgated pursuant to section 1043 of the New York city charter. See N.Y. New York City Administrative Code 27-2056.2
• Rural area of the state: shall mean cities, towns and villages having a population of less than twenty-five thousand. See N.Y. Family Court Law 580-312
• safe deposit box: means a vault, safe deposit box or other receptacle. See N.Y. New York City Administrative Code 17-321
• safe house: means a residential facility operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of this article including a residential facility operating as part of an approved runaway program as defined in subdivision four of section five hundred thirty-two-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides shelter for sexually exploited children. See N.Y. Social Services Law 447-A
• Safe time: shall mean time that is provided by an employer to an employee that can be used for the purposes described in subdivision b of section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter. See N.Y. New York City Administrative Code 20-912
• salary: means all amounts paid by or for the city of New York as compensation for services rendered by an eligible employee. See N.Y. Penal Law 265.10
• salary: shall mean the amount of compensation that is to be paid to a teacher for services rendered during the full ten months period that the public schools of the district are required by law to be in session during any school year. See N.Y. Penal Law 205.17
• Salt: means sodium chloride, evaporite or other water soluble minerals, either in solution or as a solid or crystalline material in a pure state or as a mixture. See N.Y. New York City Administrative Code 19-186
• School bus: means any vehicle or other means of conveyance used for the purpose of transporting pupils. See N.Y. New York City Administrative Code 27-2056
• School district: means common school districts, to the extent that they provide transportation of students in grades seven through twelve to a school outside the district, consolidated school districts, central school districts, central high school districts, union free school districts, except special act school districts as defined in section four thousand one of this chapter, and city school districts. See N.Y. New York City Administrative Code 27-2056
• school district: shall mean any common, union free, central, central high or city school district, or a board of cooperative educational services. See N.Y. Penal Law 160.10
• School district of origin: shall mean the public school district of which a child was or is a resident at the time of such child's placement in the care and custody of a public agency. See N.Y. Penal Law 220.06
• School district of residence: shall mean the public school district in which the child was or is living at the time a public agency is considering placement of the child in a child care institution, or at the time a child is placed with the division for youth. See N.Y. Penal Law 220.06
• Sculpture: means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars. See N.Y. New York City Administrative Code 27-523
• secondary materials: shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies as defined in rules and regulations promulgated by the commissioner of economic development in consultation with the commissioner but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. See N.Y. New York City Administrative Code 20-277
• Secondary party: means a drawer or endorser. See N.Y. Uniform Commercial Code 3-102
• secretary: shall mean the secretary of the federal department of health, education and welfare. See N.Y. Social Services Law 208
• Secretary: means the secretary of the department of state. See N.Y. New York City Administrative Code 21-134
• Secure detention facility: means a facility characterized by physically restricting construction, hardware and procedures. See N.Y. Family Court Law 301.2
• Secure facility: means a residential facility in which the respondent may be placed under this article, which is characterized by physically restricting construction, hardware and procedures, and is designated as a secure facility by the division for youth. See N.Y. Family Court Law 301.2
• Secured bail bond: means a bail bond secured by either:

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

  (b) Real property having a value of at least twice the total amount of the undertaking. See N.Y. New York City Administrative Code 27-574

• Securing order: means an order of a court committing a principal to the custody of the sheriff, or fixing bail, or releasing him on his own recognizance. See N.Y. New York City Administrative Code 27-574
• Security: shall mean :

  (a) Any instrument issued by a corporation or public corporation or any entry on the books and records of such corporation or public corporation evidencing an obligation to make any payment of the principal amount of a debt or of any increment due or to become due thereon; or

  (b) Any instrument issued by a corporation to evidence a proprietary interest therein or any intangible interest in a corporation as evidenced by the books and records of the corporation except:

  (i) A policy of insurance issued by a mutual insurance corporation, or

  (ii) A share issued by a savings and loan association, a building and loan association, or a credit union. See N.Y. Penal Law 240.60

• Security: shall include :

  (a) Any instrument issued by a corporation or public issuer to evidence an obligation to make any payment of the principal amount of a debt or of any increment due or to become due thereon, or

  (b) Any instrument issued by a corporation to evidence a proprietary interest therein except:

  (i) A policy of insurance issued by a mutual insurance corporation, or

  (ii) A share issued by a savings and loan association, a building and loan association, or a credit union. See N.Y. Penal Law 240.70

• Security agreement: means a written agreement which reserves or creates a security interest. See N.Y. Vehicle & Traffic Law 2101
• Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See N.Y. Vehicle & Traffic Law 2101
• seed: means botanical structures used for planting purposes and commonly referred to as "seed" within this state. See N.Y. Tax Law 1202-E
• Select biological agent: shall mean a biological weapon which has been identified in regulations promulgated pursuant to subdivision twenty-one of section two hundred six of the public health law. See N.Y. Penal Law 490.05
• Select chemical agent: shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of section two hundred six of the public health law. See N.Y. Penal Law 490.05
• self-insurer: shall mean a person who shall have been determined by the commissioner in accordance with section three hundred sixteen to be financially responsible. See N.Y. Vehicle & Traffic Law 311
• Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
• Seller: shall mean any person, partnership, corporation or association engaged in the the door-to-door sale of consumer goods or services. See N.Y. Vehicle & Traffic Law 2286
• Sending track: means any track from which simulcasts originate;

  d. See N.Y. New York City Administrative Code 15-217

• senior college: shall mean an institution of higher education in the city of New York, which is governed and administered by the board of trustees, including, but not limited to, a professional or graduate institution, an institution for research, an administrative institution, and, except as otherwise provided, Medgar Evers college, New York city college of technology (formerly known as "New York city technical college" and "New York city community college"), and the college of Staten Island, but not including a community college. See N.Y. Penal Law 260.05
• Separate account subsidiary: means a subsidiary acquired or held under section four thousand two hundred forty of this chapter. See N.Y. Public Housing Law 565
• Serious offense: means (a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law. See N.Y. Penal Law 265.00
• Serious physical injury: means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. See N.Y. Public Authorities Law 2422
• Service: shall mean the child care review service created by this title. See N.Y. Social Services Law 441
• Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. New York City Administrative Code 27-2117
• Service area: means the geographic area of service approved by the secretary of health and human services, or, in the absence of such approval, by the department. See N.Y. New York City Administrative Code 10-133
• Service contract: means a contract or agreement, for a separate or additional consideration, for a specific duration to perform the repair, replacement or maintenance of property, or indemnification for repair, replacement or maintenance, due to a defect in materials or workmanship or wear and tear, with or without additional provision for indemnity payments for incidental damages, provided any such indemnity payment per incident shall not exceed the purchase price of the property serviced. See N.Y. Retirement & Social Security Law 63-A
• Service contract reimbursement insurance policy: means a policy of service contract reimbursement insurance. See N.Y. Retirement & Social Security Law 63-A
• Service dog: means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability. See N.Y. Public Authorities Law 2422
• Service tier: shall mean a category of cable television services or other services provided by a cable television company and for which a rate or fee is charged by the cable television company, including, but not limited to, basic services, premium networks or services, recurring pay-per-view services and other categories of cable services for which there are additional charges. See N.Y. New York City Administrative Code 13-154
• service work: means work performed by a building service employee, but does not include work performed for a contractor under a contract for the furnishing of services by radio, telephone, telegraph or cable companies; and any contract for public utility services, including electric light and power, water, steam and gas. See N.Y. Social Services Law 461-A
• sewer rents: when used in this chapter shall mean any rents or charges imposed pursuant to section 24-514 of the code or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of article five of the public authorities law. See N.Y. New York City Administrative Code 11-301
• sewer surcharges: when used in this chapter shall mean the charges imposed pursuant to section 24-523 of the code or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of article five of the public authorities law. See N.Y. New York City Administrative Code 11-301
• Sexual conduct: means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals. See N.Y. Penal Law 263.00
• Sexual offense: shall mean an act or threat of an act that may constitute a violation of article 130 of the penal law. See N.Y. New York City Administrative Code 20-912
• Sexual performance: means any performance or part thereof which, for purposes of section 263. See N.Y. Penal Law 263.00
• sheep: means any member of the genus ovis. See N.Y. Public Authorities Law 1824
• Shipper: means a person that enters into a contract of transportation with a carrier. See N.Y. Uniform Commercial Code 7-102
• Shisha: means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe. See N.Y. Family Court Law 1024
• short form: means an abbreviated version of the disclosure statement containing such information from the disclosure statement as the commissioner may require. See N.Y. Family Court Law 1039-B
• short-term safe house: means a residential facility operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of this article including a residential facility operating as part of a runaway and homeless youth crisis services program as defined in subdivision four of section five hundred thirty-two-a of the executive law or a not-for-profit agency with experience in providing services to sexually exploited youth and approved in accordance with the regulations of the office of children and family services that provides emergency shelter, services and care to sexually exploited children including food, shelter, clothing, medical care, counseling and appropriate crisis intervention services at the time they are taken into custody by law enforcement and for the duration of any legal proceeding or proceedings in which they are either the complaining witness or the subject child. See N.Y. Social Services Law 447-A
• Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. See N.Y. Penal Law 265.00
• Show: shall include a flea market, craft show, antique show, coin show, stamp show, comic book show, fair and any similar show, whether held regularly or of a temporary nature, at which more than one vendor displays for sale or sells tangible personal property or services subject to tax. See N.Y. Tax Law 1131
• Show promoter: shall include any person who, either directly or indirectly, rents, leases or grants a license to use space to any person for the display for sale or for the sale of tangible personal property or services subject to tax, at more than three shows during the calendar year, or who operates more than three shows during the calendar year. See N.Y. Tax Law 1131
• Show vendor: shall include any person who displays for sale or sells, at a show, tangible personal property or services subject to tax. See N.Y. Tax Law 1131
• Sick time: shall mean time that is provided by an employer to an employee that can be used for the purposes described in section 20-914 of this chapter, whether or not compensation for that time is required pursuant to this chapter. See N.Y. New York City Administrative Code 20-912
• Signed: means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned. See N.Y. New York City Administrative Code 27-523
• Significant programming change: shall mean the removal or alteration of recurring programming which materially changes the quality or level of programming on a network, provided however, such term shall not include deletions of programs mandated by the regulations of the federal communications commission, nor shall it include deletions of programs that are distributed by the cable television company in lieu of such programs deleted pursuant to such regulations of the federal communications commission. See N.Y. New York City Administrative Code 13-154
• Silver mine: means a mineral deposit in which the total sales value of the silver is more than fifty per centum of the value of all other minerals associated or occurring with the silver in the mine. See N.Y. New York City Administrative Code 11-1010
• Simulcast: means the telecast of live audio and visual signals of running, harness or quarter horse races for the purposes of pari-mutuel wagering;

  b. See N.Y. New York City Administrative Code 15-217

• Simulcast facility: means those facilities within the state that are authorized pursuant to the provisions of this article to display simulcasts for pari-mutuel wagering purposes;

  k. See N.Y. New York City Administrative Code 15-217

• Simulcast theater: means a simulcast facility which is also a public entertainment and wagering facility, and which may include any or all of the following: a large screen television projection and display unit, a display system for odds, pools, and payout prices, areas for viewing and seating, a food and beverage facility, and any other convenience currently provided at racetracks and not inconsistent with local zoning ordinances;

  m. See N.Y. New York City Administrative Code 15-217

• Small business: means a business which is independently owned and operated, and which is not dominant in the field of operation. See N.Y. Public Authorities Law 1695
• Social services: shall mean those services which may include, but not be limited to counseling, case management, and information and referral. See N.Y. New York City Administrative Code 10-203
• Social services: shall mean those services which may include, but are not limited to counseling, case management, and information and referral. See N.Y. New York City Administrative Code 10-604
• Social services official: shall mean a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the department has entered into an agreement to provide adoption services in accordance with subdivision two of section thirty-nine of this chapter. See N.Y. Social Services Law 451
• Social services official: shall mean a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the office of children and family services has entered into an agreement to provide foster care services in accordance with subdivision two of section thirty-nine of this chapter. See N.Y. Social Services Law 458-A
• soil: means the commonly accepted medium or other medium in which plants are grown and which is or may be capable of harboring or transmitting insect pests and plant diseases. See N.Y. Uniform Commercial Code 9-110
• Solar electric generating system: shall mean a system that uses solar energy to generate electricity. See N.Y. Real Property Tax Law 499-AAAA
• Solid waste: means all putrescible and non-putrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, except including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. See N.Y. New York City Administrative Code 20-285
• Solid waste management: means the purposeful and systematic transportation, storage, processing, recovery and disposal of solid waste. See N.Y. New York City Administrative Code 20-285
• Solid waste management facility: means any facility employed beyond the initial solid waste collection process including, but not limited to, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities. See N.Y. New York City Administrative Code 20-285
• Solid waste mitigation account: means the account established pursuant to subdivision one of section ninety-seven-b of the state finance law. See N.Y. New York City Administrative Code 20-345
• Solid waste site: means a site where (a) the department has a reasonable basis to suspect that the illegal disposal of solid waste occurred or, (b) a court of competent jurisdiction has determined that an illegal disposal of solid waste occurred, or (c) the department knows or has a reasonable basis to suspect that an inactive solid waste management facility which does not have a current monitoring program is impacting or contaminating one or more drinking water supplies. See N.Y. New York City Administrative Code 20-345
• Solution mining: means the dissolving of an underground salt by water to produce a brine for transport to another underground or surface location for sale, processing or storage. See N.Y. New York City Administrative Code 19-186
• Special act school district: shall mean those school districts enumerated in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven as amended. See N.Y. Penal Law 220.06
• Special assessing unit: shall mean an assessing unit with a population of one million or more. See N.Y. Real Property Tax Law 701
• Special event: shall mean an organized rally, race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested. See N.Y. Vehicle & Traffic Law 2401
• Special exemption area: means an area in which the commission has determined that a special exemption from real property taxes in accordance with subdivision two of section four hundred eighty-nine-bbbb of this title shall be available to a recipient who performs commercial construction work and, in addition, means the area specified in paragraph (d) of subdivision four of section four hundred eighty-nine-cccc of this title. See N.Y. Real Property Tax Law 489-AAAA
• Special limitation: means a special fuel use limitation for a specific facility, stationary source, or specified area of the state promulgated by the department in rules and regulations that permits the sale, offering for sale, purchase and use of oil or coal with a sulfur content in excess of established sulfur limits, when acceptable diffusion analyses have demonstrated to the department's satisfaction that such use would not contribute to the contravention of any applicable federal ambient air quality standard nor significantly increase acid deposition at sensitive receptor areas. See N.Y. New York City Administrative Code 19-108
• Special mobile equipment: means a vehicle not designed for the transportation of persons or property upon a highway and only incidentally operated or moved over a highway, which if registered would be registered pursuant to schedule F of subdivision seven of section four hundred one of this chapter. See N.Y. Vehicle & Traffic Law 2101
• specialist assistant: means a person who is registered pursuant to section sixty-five hundred forty-eight of the education law as a specialist assistant for a particular medical speciality as defined by regulations promulgated by the commissioner pursuant to section thirty-seven hundred eleven of this article. See N.Y. New York City Administrative Code 9-202
• specialty fertilizer: shall mean a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries, and such other use as the commissioner may define by regulation. See N.Y. Tax Law 1202-L*4
• Specialty pet: means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See N.Y. Tax Law 1202-AA*3
• Specialty pet food: means any commercial feed prepared and distributed for consumption by specialty pets. See N.Y. Tax Law 1202-AA*3
• Species: means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. See N.Y. New York City Administrative Code 11-659
• spiritual officers: as used in this article , include the pastor or pastors, the ruling elders, and the deacons, of any church to which this article is applicable. See N.Y. New York City Administrative Code 26-515
• Spoil: means any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals. See N.Y. New York City Administrative Code 20-234
• Sports contest: means any professional or amateur sport or athletic game or contest viewed by the public. See N.Y. Penal Law 180.35
• Sports event: shall mean any amateur or professional sport or athletic event, except a prohibited sports event. See N.Y. New York City Administrative Code 16-111.1
• Sports official: means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest. See N.Y. Penal Law 180.35
• Sports participant: means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team. See N.Y. Penal Law 180.35
• Stalking: shall mean an act or threat of an act that may constitute a violation of section 120. See N.Y. New York City Administrative Code 20-912
• State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See N.Y. Tax Law 1210-A
• State: shall mean the state of New York and any state board, bureau, commission, department, authority, division, officer or public benefit corporation. See N.Y. Family Court Law 761
• state: when used in this article shall unless the context clearly indicates otherwise, mean any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada. See N.Y. Vehicle & Traffic Law 311
• State: means any state of the United States or the District of Columbia. See N.Y. Real Property Tax Law 730
• state: when used in this chapter shall mean the state of New York. See N.Y. New York City Administrative Code 11-501
• State: means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. See N.Y. Vehicle & Traffic Law 2101
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See N.Y. Vehicle & Traffic Law 1274
• State: shall mean the state of New York. See N.Y. Public Authorities Law 1801
• State agency: shall mean any state board, body, bureau, commission, council, department, public authority, public corporation, division, office, or other governmental entity performing a governmental or proprietary function for the state, but shall not include the legislature. See N.Y. New York City Administrative Code 27-509
• State agency: means any state board, body, bureau, commission, council, department, public authority, public corporation, division, office or other governmental entity performing a governmental or proprietary function for the state. See N.Y. New York City Administrative Code 27-521.12
• State agency: means any state department, officer, board, commission, agency, or a public authority or public benefit corporation at least one of whose members is appointed by the governor. See N.Y. Family Court Law 766
• state agency: shall mean any department, board, bureau, commission, division, office, council, committee or officer of the state, whether permanent or temporary, or a public benefit corporation or public authority at least one of whose members is appointed by the governor, authorized by law to make rules or to make final decisions in adjudicatory proceedings but shall not include the judicial branch or agencies created by interstate compact or international agreement. See N.Y. Tax Law 3013
• state agency: shall mean any state office, department, division, board, bureau, commission or corporation, provided, however, it shall not include the New York state legislature or any of its standing, special, select and joint committees, subcommittees and legislative commissions. See N.Y. Vehicle & Traffic Law 404-U*3
• State agency: shall mean any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation of which any member of whose board is appointed by the governor. See N.Y. Penal Law 400.01
• State agency: shall mean any office, department, board, commission,

  bureau, division, public corporation, agency or instrumentality of the state. See N.Y. New York City Administrative Code 13-154

• State agency: shall mean any officer, department, board, commission,

  bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Public Authorities Law 1801

• State aid: shall mean payments by the state to an eligible governmental entity in accordance with the provisions of this article. See N.Y. Vehicle & Traffic Law 391
• State council: means the New York state emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
• State emergency medical advisory committee: means the state emergency medical advisory committee established by section three thousand two-a of this chapter. See N.Y. New York City Administrative Code 8-907
• State emergency medical advisory committee: means the state emergency medical advisory committee established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
• State emergency medical services council: means the state emergency medical services council established by section three thousand two of this chapter. See N.Y. New York City Administrative Code 8-907
• State emergency medical services council: means the state emergency medical services council established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
• State emergency medical services for children advisory committee: means the state emergency medical services for children advisory committee continued under this article. See N.Y. New York City Administrative Code 8-1008
• state gaming commission: shall mean the New York state gaming commission created pursuant to section one hundred two of this article. See N.Y. New York City Administrative Code 13-172
• State grant funds: shall mean any grants received from the state or any public benefit corporation for community development activities for the construction, rehabilitation or conservation of multiple dwellings. See N.Y. Family Court Law 580-105
• State hospital review and planning council: means the state hospital review and planning council established by section twenty-nine hundred four of this chapter. See N.Y. New York City Administrative Code 8-907
• state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 9-117
• state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 10-112
• State lands: means all lands now or hereafter owned by the state of New York except lands in the forest preserve as defined by section sixty-three of the conservation law. See N.Y. New York City Administrative Code 11-1010
• State legislature: means the legislature of the state of New York, including any committee, subcommittee, joint committee, select committee, or commission thereof. See N.Y. New York City Administrative Code 11-1618
• State register: means the state register of historic places established pursuant to section 14. See N.Y. Family Court Law 766
• state salary: means all amounts paid by or for the state as compensation for services rendered by an eligible employee. See N.Y. New York City Administrative Code 27-765
• State trauma advisory committee: means the state trauma advisory committee continued by this article. See N.Y. New York City Administrative Code 8-907
• State trauma advisory committee: means the state trauma advisory committee continued under article thirty-B of this chapter. See N.Y. New York City Administrative Code 8-1008
• State university health care facility: shall mean a hospital, as defined in section twenty-eight hundred one of the public health law, operated by the state university, or a clinic, as defined in subdivision six of this section, of a state university health sciences center at Brooklyn, Buffalo, Stony Brook and Syracuse, or the College of Optometry. See N.Y. New York City Administrative Code 27-2007
• Statewide spacing: means spacing units for gas or oil wells that are within ten percent of the following sizes, as applicable, unless another percentage is specifically stated:

  (i) For Medina gas pools at any depth, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary;

  (ii) For Onondaga reef or Oriskany gas pools at any depth, 160 acres with the wellbore within the target formation no less than 660 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 660 feet from any unit boundary;

  (iii) For fault-bounded Trenton and/or Black River hydrothermal dolomite gas pools where the majority of the pool is between 4,000 and 8,000 feet deep, 320 acres with the proposed productive section of the wellbore within the target formation no less than one-half mile from any other well in another unit in the same pool and no less than 1,000 feet from any unit boundary that is not defined by a field-bounding fault but in no event less than 660 feet from any unit boundary;

  (iv) For fault-bounded Trenton and/or Black River hydrothermal dolomite gas pools where the majority of the pool is below 8,000 feet, within five percent of 640 acres with the proposed productive section of the wellbore within the target formation no less than one mile from any other well in another unit in the same pool and no less than 1,500 feet from any unit boundary that is not defined by a field-bounding fault but in no event less than 660 feet from any unit boundary;

  (v) For shale gas pools at any depth, for a vertical well outside any existing spacing unit for the same formation, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary;

  (vi) For shale gas pools at any depth, for a horizontal well outside any existing spacing unit for the same formation and with a written commitment from the well operator to drill infill wells pursuant to subdivision 4 of section 23-0503 of this title, with all horizontal infill wells in the unit to be drilled from a common well pad within three years of the date the first well in the unit commences drilling, notwithstanding the ten percent tolerance specified in this subparagraph, up to 640 acres with the initial horizontal wellbore or wellbores within the target formation approximately centered in the spacing unit and no wellbore in the target formation less than 330 feet from any unit boundary;

  (vii) For shale gas pools at any depth, for a horizontal well outside any existing spacing unit for the same formation and in the absence of a written commitment from the well operator to drill infill wells pursuant to subdivision 4 of section 23-0503 of this title, 40 acres with the wellbore within the target formation no less than 330 feet from any unit boundary plus the number of additional acres necessary and sufficient to

  ensure that the wellbore within the target formation is not less than 330 feet from any unit boundary;

  (viii) For all other gas pools where the majority of the pool is above the depth of 4,000 feet, 80 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary;

  (ix) For all other gas pools where the majority of the pool is 4,000 to 6,000 feet deep, 160 acres with the wellbore within the target formation no less than 660 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 660 feet from any unit boundary;

  (x) For all other gas pools where the majority of the pool is 6,000 to 8,000 feet deep, 320 acres with the wellbore within the target formation no less than 1,000 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 1,000 feet from any unit boundary;

  (xi) For all other gas pools where the majority of the pool is below 8,000 feet, within five percent of 640 acres with the wellbore within the target formation no less than 1,500 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 1,500 feet from any unit boundary;

  (xii) For oil pools in the Bass Island, Trenton, Black River, Onondaga reef or other oil-bearing reefs at any depth, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary; and

  (xiii) For all other oil pools at any depth, the wellbore within the target formation shall be no less than 165 feet from any lease boundary. See N.Y. New York City Administrative Code 19-194

• Stationary source: means any source other than major steam electric generating facilities that emits acid deposition precursors in excess of one hundred tons per year. See N.Y. New York City Administrative Code 19-108
• Stationary source: means any building, structure, facility or installation that emits or may emit any regulated air contaminant. See N.Y. New York City Administrative Code 17-704.1
• Stock holding company: means a corporation incorporated under the laws of any jurisdiction in the United States, at least fifty-one percent of the voting stock of which is owned, directly or through another stock holding company, by a mutual holding company and which holds, directly or indirectly, voting stock in at least one reorganized insurer. See N.Y. Retirement & Social Security Law 73
• stop-sale: means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed. See N.Y. Tax Law 1202-E
• Storage: means any school bus garage facilities or sites which may be approved by the commissioner. See N.Y. New York City Administrative Code 27-2056
• Storage: means the holding of waste for a temporary period, at the end of which the waste is processed, recovered, disposed of, or stored elsewhere. See N.Y. New York City Administrative Code 20-275
• Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. New York City Administrative Code 20-297.7
• Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. New York City Administrative Code 20-331
• storage facility: means any person or facility, which procures, stores or arranges for the storage of (a) non-transplant organs, or (b) tissue for transplantation, therapy, education, research, or fertilization purposes, including autologous procedures. See N.Y. New York City Administrative Code 10-133
• Student: shall mean any individual who is enrolled at least half-time, as defined by the commissioner, in a two year, four year, graduate or professional degree granting or certificate program at an eligible college. See N.Y. New York City Administrative Code 27-902
• Student: shall mean any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a district school or pre-kindergarten program in a district school within the city school district. See N.Y. New York City Administrative Code 21-965
• subchapter K limited liability company: shall mean a limited liability company

   classified as a partnership for federal income tax purposes. See N.Y. Tax Law 601

• subdivider: shall include every person, partnership, corporation, company or association who or which engages directly or through an agent in the business of selling, leasing or offering for sale or lease subdivided lands and subdivisions to the public in this state. See N.Y. New York City Administrative Code 19-706
• Subject of the report: means any parent of, guardian of, or other person eighteen years of age or older legally responsible for, as defined in subdivision (g) of section one thousand twelve of the family court act, a child reported to the statewide central register of child abuse and maltreatment who is allegedly responsible for causing injury, abuse or maltreatment to such child or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child; or a director or an operator of, or employee or volunteer in, a home operated or supervised by an authorized agency, the office of children and family services, or in a family day-care home, a day-care center, a group family day care home, a school-age child care program or a day-services program who is allegedly responsible for causing injury, abuse or maltreatment to a child who is reported to the statewide central register of child abuse or maltreatment or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child;

  5. See N.Y. Social Services Law 412

• Sublease: means a lease of goods the right to possession and

  use of which was acquired by the lessor as a lessee under an

  existing lease. See N.Y. Uniform Commercial Code 2-A-103

• subpoena: includes a "subpoena duces tecum. See N.Y. New York City Administrative Code 27-640
• Subsidiary: means subsidiaries of the types described in subsection (b) of section one thousand seven hundred four of this article and subsidiaries acquired or held under this article, section one thousand four hundred five or section four thousand two hundred forty of this chapter, but shall not include a subsidiary acquired or held under section one thousand four hundred four of this chapter or a subsidiary acquired or held by an insurer authorized to make investments by subsection (c) of section one thousand four hundred three of this chapter. See N.Y. Public Housing Law 565
• Subsidiary: shall mean an entity that is controlled directly, or indirectly through one or more intermediaries, by a contractor or subcontractor or by the contractor's parent company. See N.Y. Social Services Law 456
• Subsidiary: when used in this article, means (a) any company ten per centum or more of whose voting stock is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled, or held with power to vote, by a bank holding company; or (b) any company the election of a majority of whose directors is controlled in any manner by a bank holding company; or (c) any company ten per centum or more of whose voting stock is directly or indirectly owned, controlled, or held with power to vote, by a trustee or trustees for the benefit of the stockholders or members of a bank holding company; or (d) any company at least ten per centum of the voting stock of which is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled or held with power to vote by a combination of a bank holding company and by a trustee or trustees for the benefit of the stockholders or members of such bank holding company. See N.Y. New York City Administrative Code 13-339
• Subsidiary: shall mean an entity that is controlled directly, or indirectly through one or more intermediaries, by a contractor or subcontractor or the contractor's parent company. See N.Y. Social Services Law 461-A
• subsidiary: when used in this article, shall each have the same meaning specified in section one hundred forty-one of this chapter. See N.Y. New York City Administrative Code 13-348
• Subsidiary trust company: when used in this article, means a trust company which is subject to the provisions of this article. See N.Y. New York City Administrative Code 13-348
• Substantial renovation: shall mean a substantial modification of an existing building and shall include but not be limited to additions, alterations, and reconstruction as determined pursuant to regulations promulgated by the office pursuant to this article. See N.Y. Family Court Law 773
• Substantially owned-affiliated entity: means , in relation to any asbestos contractor, any (a) parent company of the asbestos contractor, (b) subsidiary of the asbestos contractor, (c) successor of the asbestos contractor, (d) entity in which the parent company of the asbestos contractor owns more than fifty percent of the voting stock, (e) entity in which one or more of the top five shareholders of the asbestos contractor individually or collectively also owns a controlling share of the voting stock, or (f) entity which exhibits any other indicia of control over the asbestos contractor or over which the asbestos contractor exhibits control, regardless of whether the controlling party or parties have any identifiable or documented ownership interest. See N.Y. Tax Law 1827
• Substantially owned-affiliated entity: shall mean the parent company of the contractor or subcontractor, any subsidiary of the contractor or subcontractor, or any entity in which the parent of the contractor or subcontractor owns more than fifty percent of the voting stock, or an entity in which one or more of the top five shareholders of the contractor or subcontractor individually or collectively also owns a controlling share of the voting stock, or an entity which exhibits any other indicia of control over the contractor or subcontractor or over which the contractor or subcontractor exhibits control, regardless of whether or not the controlling party or parties have any identifiable or documented ownership interest. See N.Y. Social Services Law 456
• Substantially-owned affiliated entity: shall mean the parent company of the contractor or subcontractor, any subsidiary of the contractor or subcontractor, or any entity in which the parent of the contractor or subcontractor owns more than fifty percent of the voting stock, or an entity in which one or more of the top five shareholders of the contractor or subcontractor individually or collectively also owns a controlling share of the voting stock, or an entity which exhibits any other indicia of control over the contractor or subcontractor or over which the contractor or subcontractor exhibits control, regardless of whether or not the controlling party or parties have any identifiable or documented ownership interest. See N.Y. Social Services Law 461-A
• Successor: shall mean an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Social Services Law 456
• Successor: shall mean an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Social Services Law 461-A
• Successor guardian: shall mean a person or persons that is approved by a local social services district to receive payments pursuant to this title in accordance with subparagraph (ii) of paragraph (b) of subdivision five of section four hundred fifty-eight-b of this title and that has been named in the agreement in effect between the relative guardian and social services official for kinship guardianship assistance payments pursuant to this title who shall provide care and guardianship for a child in the event of death or incapacity of the relative guardian, as set forth in section four hundred fifty-eight-b of this title, who has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or permanent guardian of such child by the court following, or due to, the death or incapacity of the relative guardian. See N.Y. Social Services Law 458-A
• Successor in interest: shall mean a "personal representative" "testamentary beneficiary" trustee or beneficiary of a "lifetime trust" or an "heir" (including heirs who acquire the work of fine art, craft or print from the artist or craftsperson or from another heir or beneficiary of the artist or craftsperson), which terms shall have the same meanings as set forth in the estates, powers and trusts law. See N.Y. New York City Administrative Code 27-523
• Suitable person: means any person who plays or has played a significant positive role in the child's life or in the life of the child's family. See N.Y. Family Court Law 1012
• Summary plan description: means the certificate of coverage or booklet delivered to employees or retirees enrolled in the plan, summarizing the essential terms and conditions of coverage for employees or retirees and their dependents. See N.Y. Real Property Tax Law 511
• Summer day camp: shall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June first and September fifteenth in any year by children under sixteen years of age under general supervision, for the purpose of indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations, for a period of less than twenty-four hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. See N.Y. Family Court Law 911
• Superintendent: means the superintendent of financial services. See N.Y. New York City Administrative Code 20-206
• superintendent: shall mean the superintendent of financial services of this state. See N.Y. Vehicle & Traffic Law 311
• Superintendent: means the superintendent of financial services of this state. See N.Y. Real Property Tax Law 730
• Superintendent: shall mean the superintendent of financial services. See N.Y. New York City Administrative Code 10-203
• 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
• Supplemental materials: means materials that supplement the primary textbook or textbooks that come in the form of another book, online technologies, a workbook, CD-ROM, or any other format, and that can be used by a faculty member or a student during the teaching of a course. See N.Y. Penal Law 70.45
• Supplemental security income benefits: shall mean payments made by the secretary of the federal department of health, education and welfare to aged, blind and disabled persons pursuant to title sixteen of the federal social security act. See N.Y. Social Services Law 208
• supplemental security income benefits: means payments made by the secretary of the federal department of health, education and welfare to aged, blind and disabled persons pursuant to title sixteen of the social security act. See N.Y. Social Services Law 300
• supplements: means fringe benefits including medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by federal, state or local law to be provided by the contractor or subcontractor. See N.Y. Social Services Law 461-A
• Supplier: means a person from whom a lessor buys or leases

  goods to be leased under a finance lease. See N.Y. Uniform Commercial Code 2-A-103

• Supply contract: means a contract under which a lessor buys

  or leases goods to be leased. See N.Y. Uniform Commercial Code 2-A-103

• Supported employment: means paid competitive work performed by individuals with severe disabilities who require intensive support services to obtain such employment and extended support to sustain such employment, and which is performed in an integrated setting which

  provides regular interactions with individuals who do not have disabilities, other than paid caregivers. See N.Y. Penal Law 120.55

• Supported employment services: means support services needed by individuals with severe disabilities to obtain and sustain supported employment. See N.Y. Penal Law 120.55
• Surety: means an obligor who is not a principal. See N.Y. New York City Administrative Code 27-574
• Surety bond: means a bail bond in which the obligor or obligors consist of one or more sureties or of one or more sureties and the principal. See N.Y. New York City Administrative Code 27-574
• Surrogate: means the person selected to make a health care decision on behalf of a patient pursuant to section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
• 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. New York City Administrative Code 27-943
• Surrogate: means the person selected to make a decision regarding resuscitation on behalf of another person pursuant to section twenty-nine hundred sixty-five of this article. See N.Y. New York City Administrative Code 7-501
• Surrogate list: means the list set forth in subdivision one of section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
• Surrogate list: means the list set forth in subdivision two of section twenty-nine hundred sixty-five of this article. See N.Y. New York City Administrative Code 7-501
• Surviving corporation: means the constituent corporation into which one or more other constituent corporations are merged. See N.Y. Vehicle & Traffic Law 509-R
• swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Public Authorities Law 1824
• Switchblade knife: means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. See N.Y. Penal Law 265.00
• Syndication: shall mean all forms, methods and devices for pooling of investment funds for the chief purpose of participating in a theatrical production company, as defined herein. See N.Y. New York City Administrative Code 27-593
• Tailings: means material of inferior quality or value resulting from the removal, preparation or processing of minerals. See N.Y. New York City Administrative Code 20-234
• tangible personal property: means corporeal personal property, including money held for numismatic purposes, and does not include deposits in banks, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt, or choses in action generally. See N.Y. Tax Law 951-A
• tank: includes all associated pipes, lines, fixtures and other ancillary equipment. See N.Y. New York City Administrative Code 17-324
• Tanning facility: shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, but shall not include any facility where any such device is used by a qualified health care professional for treatment of medical conditions. See N.Y. New York City Administrative Code 9-110
• Tattoo: shall mean a mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin. See N.Y. Family Court Law 781
• Tattoo studio: shall mean any premises in which the tattooist conducts such practice. See N.Y. Family Court Law 781
• Tattooist: shall mean any person who applies a tattoo to the body of any other person. See N.Y. Family Court Law 781
• Tax: shall include any tax imposed by sections eleven hundred five, or eleven hundred ten, and any amount payable to the tax commission by a person required to file a return, as provided in section eleven hundred thirty-seven. See N.Y. Tax Law 1131
• 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
• Tax appeals tribunal: when used in this chapter shall mean the tax appeals tribunal established by section one hundred sixty-eight of the charter. See N.Y. New York City Administrative Code 11-501
• Tax district: means a county, city, town, village, school district or special district by or on behalf of which a tax or special ad valorem levy is imposed. See N.Y. Real Property Tax Law 729
• tax district: as used in this title means (a) a county, city, town, village, school district or special district, having the power to levy, assess and enforce the collection of taxes, special ad valorem levies, special assessments or other charges imposed upon real property by or on behalf of a municipal corporation or special district or (b) a city school district governed by article fifty-one of the education law. See N.Y. Real Property Tax Law 910
• Tax district: means : (a) a county, other than (i) a county for which the cities and towns enforce delinquent taxes pursuant to the county administrative code, or (ii) a county wholly contained within a city;

  (b) a city, other than a city for which the county enforces delinquent taxes pursuant to the city charter;

  (c) a village, other than a village for which the county enforces delinquent taxes pursuant to section fourteen hundred forty-two of this chapter; or

  (d) a town in a county in which towns enforce delinquent taxes pursuant to the county administrative code. See N.Y. Real Property Tax Law 1102

• tax fraud act: means willfully engaging in an act or acts or willfully causing another to engage in an act or acts pursuant to which a person:

  (1) fails to make, render, sign, certify, or file any return or report required under this chapter or any regulation promulgated under this chapter within the time required by or under the provisions of this chapter or such regulation;

  (2) knowing that a return, report, statement or other document under this chapter contains any materially false or fraudulent information, or omits any material information, files or submits that return, report, statement or document with the state or any political subdivision of the state, or with any public office or public officer of the state or any political subdivision of the state;

  (3) knowingly supplies or submits materially false or fraudulent information in connection with any return, audit, investigation, or proceeding or fails to supply information within the time required by or under the provisions of this chapter or any regulation promulgated under this chapter;

  (4) engages in any scheme to defraud the state or a political subdivision of the state or a government instrumentality within the state by false or fraudulent pretenses, representations or promises as to any material matter, in connection with any tax imposed under this chapter or any matter under this chapter;

  (5) fails to remit any tax collected in the name of the state or on behalf of the state or any political subdivision of the state when such collection is required under this chapter;

  (6) fails to collect any tax required to be collected under articles twelve-A, eighteen, twenty, twenty-two, twenty-eight or twenty-eight-A of this chapter, or pursuant to the authority of article twenty-nine of this chapter;

  (7) with intent to evade any tax fails to pay that tax; or

  (8) issues an exemption certificate, interdistributor sales certificate, resale certificate, or any other document capable of evidencing a claim that taxes do not apply to a transaction, which he or she does not believe to be true and correct as to any material matter, which omits any material information, or which is false, fraudulent, or counterfeit. See N.Y. Tax Law 1801

• Tax levying body: means the governing board of a municipal corporation which annexes a warrant for the collection of taxes to a final assessment roll. See N.Y. Real Property Tax Law 550
• tax lien: when used in this chapter shall mean the lien arising pursuant to the provisions of this chapter or pursuant to the New York city municipal water finance authority act, which is set forth in title two-A of article five of the public authorities law, as a result of the nonpayment of taxes, assessments, sewer rents, sewer surcharges, water rents, any other charges that are made a lien subject to the provisions of this chapter, the costs of any advertisements and notices given pursuant to this chapter, any other charges that are due and payable, a surcharge pursuant to section 11-332 of this chapter if the tax lien is sold, interest and penalties thereon and the right of the city to receive such amounts. See N.Y. New York City Administrative Code 11-301
• tax lien certificate: when used in this chapter shall mean the instrument evidencing a tax lien and executed by the commissioner of finance or his

  or her designee at such time as such lien is transferred to a purchaser upon sale of such lien by the city. See N.Y. New York City Administrative Code 11-301

• Tax roll: means a final assessment roll upon which taxes have been extended and to which a warrant has been annexed. See N.Y. Real Property Tax Law 550
• taxable assessed value: means the assessed valuation of real property less partial exemptions. See N.Y. Real Property Tax Law 522
• taxable assessed value: means the assessed valuation of real property less partial exemptions. See N.Y. Real Property Tax Law 701
• taxable assessed value: means the assessed valuation of real property less partial exemptions. See N.Y. Real Property Tax Law 729
• Taxable income: means the amount of combined net taxable income, if any, of both parents computed in accordance with the provisions of section six hundred eleven of the tax law computed without the benefit of the modification of federal adjusted gross income for nonpublic school tuition pursuant to paragraph (14) of subsection (c) of section six hundred twelve of the tax law, for the year for which a tuition reimbursement payment is sought. See N.Y. Penal Law 55.10
• Taxable year: means the taxpayer's taxable year for federal income tax purposes. See N.Y. New York City Administrative Code 11-1901
• Taxation: means an ad valorem levy or special assessment for which public utility mass real property is otherwise liable pursuant to this chapter. See N.Y. Real Property Tax Law 499-HHHH
• Taxation: means an ad valorem levy or special assessment for which energy-related public utility mass real property is otherwise liable pursuant to this chapter. See N.Y. Real Property Tax Law 499-TTTT
• taxation: shall be construed to include special assessments. See N.Y. Real Property Tax Law 530
• taxation: means an ad valorem charge or special ad valorem levy imposed upon real property by or on behalf of a county, city, town, village, school district or special district. See N.Y. Real Property Tax Law 489-B
• taxation: means an ad valorem charge or special ad valorem levy imposed upon real property by or on behalf of a county, city, town, village, school district or special district. See N.Y. Real Property Tax Law 489-BB
• taxes: means a charge imposed upon real property by or on behalf of a county, city, town, village or school district for municipal or school district purposes, including a special ad valorem levy, special assessment or any similar charge. See N.Y. Real Property Tax Law 952
• taxes: as used in this title shall include special assessments which are levied by the county legislative body at the time and in the manner provided by law for the levy of county and town taxes. See N.Y. Real Property Tax Law 972
• Taxing jurisdiction: shall mean any of the several states, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee. See N.Y. Tax Law 1101
• Taxpayer: means any corporation, association or other entity or individual subject to tax under this chapter;

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

• taxpayer: means the estate of the decedent and any other person subject to or liable for any tax imposed by this article. See N.Y. Tax Law 951-A
• Teacher: shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal,

  supervisor,

  supervisory

  principal,

  director, superintendent, city superintendent, assistant city superintendent, district superintendent and other member of the teaching or professional staff of any class, public school, vocational school, truant reformatory school or parental school, and of any or all classes of schools within the state of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York state education department or of a duly elected board of education, board of school directors or board of trustees of the state or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods. See N.Y. New York City Administrative Code 27-2117

• Teachers: shall mean all full-time members of the teaching and supervisory staff of each school district of the state, including, if employed in such district, the superintendent of schools, associate, district or other superintendents, members of the board of examiners, directors,

  inspectors,

  supervisors, principals, administrative assistants, first assistants, teachers, school psychologists, social workers in a city having a population of over one million, lecturers and special instructors, except employees holding the positions enumerated in subdivisions one and two of section thirty-one hundred six of this article. See N.Y. Penal Law 205.17

• Telehealth: means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation,

  treatment,

  education,

  care

  management and/or self-management of a patient. See N.Y. New York City Administrative Code 8-128

• Temporary commercial incentive area boundary commission: means a commission as defined in section four hundred eighty-nine-gggggg of this title. See N.Y. Real Property Tax Law 489-AAAAAA
• Temporary employee: shall mean any employee who has been temporarily approved for employment pending a determination by the department. See N.Y. New York City Administrative Code 7-203
• temporary storage facility: means an area that (i) is designated for the retention of human remains prior to cremation; (ii) complies with all applicable public health laws, (iii) preserves the health and safety of the crematory personnel; and (iv) is secure from access by anyone other than authorized persons. See N.Y. Vehicle & Traffic Law 1130
• Temporary vendor: shall include any person who makes sales of tangible personal property or services subject to tax (other than at a show or entertainment event) in not more than two consecutive quarterly periods in any twelve month period, as such quarterly periods are described in subdivision (b) of section eleven hundred thirty-six of this article. See N.Y. Tax Law 1131
• tenant: includes "expansion tenant" "new tenant" and "renewal tenant. See N.Y. Real Property Tax Law 499-A
• tenant: includes "expansion tenant" "new tenant" and "renewal tenant. See N.Y. Real Property Tax Law 499-AA
• terminable permit: as used in this article shall mean and embrace every grant from a city, town or village of power, right or privilege to occupy or use any of the streets, roads, highways, avenues, parks or public places of such city, town or village for the construction and operation of a street surface railroad, until such time as the city, town or village shall exercise its right to purchase the property, plant and equipment of such street surface railroad in accordance with the provisions of sections one hundred and seventy-three-a to one hundred and seventy-three-h, both inclusive, of this article, or until it shall be otherwise terminated according to law. See N.Y. New York City Administrative Code 17-101
• Terminal condition: means an illness or injury from which there is no recovery, and which reasonably can be expected to cause death within one year. See N.Y. New York City Administrative Code 7-501
• test: means any test that is given in New York at the expense of the test subject and designed for use and used in the process of selection for post-secondary or professional school admissions. See N.Y. New York City Administrative Code 27-998
• Test agency: means any organization, association, corporation, partnership, or individual or person that develops, sponsors or administers a test. See N.Y. New York City Administrative Code 27-998
• Test form: means the test booklet or instrument used for each part of each test. See N.Y. New York City Administrative Code 27-998
• Test subject: means an individual to whom a test is administered. See N.Y. New York City Administrative Code 27-998
• Test year: means the twelve-month period commencing September first during which the test agency administers a particular test. See N.Y. New York City Administrative Code 27-998
• Testimonial room: means any room, separate and apart from the courtroom, which is furnished comfortably and less formally than a courtroom and from which the testimony of a vulnerable child witness can be transmitted to the courtroom by means of live, two-way closed-circuit television. See N.Y. New York City Administrative Code 27-272
• Textbook: means any textbook that is adopted for a course, as determined by the faculty member or members or entity charged with choosing that textbook. See N.Y. Penal Law 70.45
• theatrical production: shall mean those live-staged dramatic productions, dramatic-musical productions and concerts, as defined in this subdivision, which hereafter are shown to the public for profit and which are financed wholly or in part by the offering or sale in or from this state, directly, or through agents or distributors, of investment agreements, evidences of interest, limited partnerships, producer shares, equity or debt securities, pre-organization subscriptions or any other syndication participation, when any persons are offered, solicited to purchase or sell, directly or indirectly, such syndication interests for moneys or services within or from the state of New York; provided, however, that for purposes of paragraphs (h) and (i) of this subdivision a "theatrical production" shall mean any live-staged dramatic production, dramatic-musical production or concert which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. New York City Administrative Code 27-593
• theatrical production company: shall mean any entity formed to (i) develop, produce, invest in or otherwise exploit, or any combination thereof, one or more specified or nonspecified theatrical productions, and (ii) conduct all activities related thereto. See N.Y. New York City Administrative Code 27-593
• Therapy dog: means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose, and does not qualify under federal or state law or regulations as a service dog. See N.Y. Public Authorities Law 2422
• this Act: means that chapter of the laws of 1997 which repealed former Article 8 of this code, added this article to this code, and made conforming amendments to provisions of other articles of this code. See N.Y. Uniform Commercial Code 8-601
• this chapter: includes any "related statute" or any "related income or earnings tax statute" as defined in section eighteen hundred of this article. See N.Y. Tax Law 1801
• this city: as used in this chapter means the city of New York; "tax commission" as used in this chapter means the tax commission of the state of New York; and "state" or "this state" as used in this chapter means the state of New York. See N.Y. New York City Administrative Code 11-1707
• this state: means the state of New York;

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

• This state: means the state of New York. See N.Y. New York City Administrative Code 11-1901
• Threshold volume: shall mean the withdrawal of water of a volume of one hundred thousand gallons or more per day, determined by the limiting maximum capacity of the water withdrawal, treatment, or conveyance system; provided that for agricultural purposes the threshold volume shall mean a withdrawal of water of a volume in excess of an average of one hundred thousand gallons per day in any consecutive thirty-day period. See N.Y. New York City Administrative Code 13-325
• Ticket: means any evidence of the right of entry to any place of entertainment. See N.Y. New York City Administrative Code 27-606
• Ticket office: means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public. See N.Y. New York City Administrative Code 27-606
• Tissue: means a human eye, skin, bone, bone marrow, heart valve, spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a fluid other than blood or a blood derivative. See N.Y. New York City Administrative Code 10-133
• Title III: means Title III of the Small Business Investment Act of 1958, United States Pub. See N.Y. New York City Administrative Code 13-630
• Title IX Coordinator: shall mean the Title IX Coordinator and/or his or her designee or designees. See N.Y. Penal Law 415.00
• TNC: means a person, corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and is operating in New York state exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide TNC prearranged trips. See N.Y. Vehicle & Traffic Law 1691
• TNC driver: means an individual who:

  (a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

  (b) Uses a TNC vehicle to offer or provide a TNC prearranged trip to transportation network company passengers upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee. See N.Y. Vehicle & Traffic Law 1691

• TNC vehicle: means a vehicle that is:

  (a) used by a transportation network company driver to provide a TNC prearranged trip originating within the state of New York; and

  (b) owned, leased or otherwise authorized for use by the transportation network company driver;

  (c) such term shall not include:

  (i) a taxicab, as defined in section one hundred forty-eight-a of this chapter and section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;

  (ii) a livery vehicle, as defined in section one hundred twenty-one-e of this chapter, or as otherwise defined in local law;

  (iii) a black car, limousine, or luxury limousine, as defined in section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;

  (iv) a for-hire vehicle, as defined in section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;

  (v) a bus, as defined in section one hundred four of this chapter;

  (vi) any motor vehicle weighing more than six thousand five hundred pounds unloaded;

  (vii) any motor vehicle having a seating capacity of more than seven passengers; and

  (viii) any motor vehicle subject to section three hundred seventy of this chapter. See N.Y. Vehicle & Traffic Law 1691

• Tobacco business: means a sole proprietorship, corporation, limited liability company, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products and accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. See N.Y. Family Court Law 1024
• Tobacco product manufacturer: means an entity that after the effective date of this article directly (and not exclusively through any affiliate):

  (a) manufacturers cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is

  defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

  (b) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

  (c) becomes a successor of an entity described in paragraph (a) or (b) of this subdivision. See N.Y. Family Court Law 1036

• Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Family Court Law 1024
• ton: means a net weight of two thousand pounds avoirdupois. See N.Y. Tax Law 1202-L*4
• Toxic substance: means any substance which is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. Tax Law 1812-E
• Toxic substance: means any substance which is listed in the latest printed edition of the National Institute for Occupational Safety and Health Registry of Toxic Effects of Chemical Substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. New York City Administrative Code 11-122
• Track: means the grounds or enclosures within which horse races are conducted by any person, association or corporation lawfully authorized to conduct such races in accordance with the terms and conditions of this chapter or the laws of another jurisdiction;

  c. See N.Y. New York City Administrative Code 15-217

• transfer: includes sale, assignment, conveyance, deed and gift, and the term "agreement" includes promise and undertaking. See N.Y. Vehicle & Traffic Law 1684
• Transfer of title: means delivery of a properly executed instrument conveying title to residential real property and shall include delivery of a real estate purchase contract that is a lease or installment land sale contract. See N.Y. New York City Administrative Code 21-318
• Transmitter of money: means a licensee, as such term is defined in subdivision two of section six hundred forty of this chapter, a bank, trust company, private banker, savings bank and savings and loan association, a credit union, foreign banking corporation licensed pursuant to article two of this chapter and any investment company which either directly or through agents transacts the business in this state of selling or issuing New York instruments. See N.Y. New York City Administrative Code 20-331
• Transport: means the movement of hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal. See N.Y. New York City Administrative Code 20-297.7
• Transport system: means an organized health care and transportation system to provide prehospital transport and interfacility transfer to critically ill or injured patients. See N.Y. New York City Administrative Code 8-907
• Transportation company: as used in this article means the person carrying on a business of operating a transportation facility. See N.Y. Vehicle & Traffic Law 1809-C
• Transportation facility: as used in this article means a railroad car or coach, Pullman car, street surface railroad car, subway car, motor bus, motor coach, taxicab, aircraft or steamship, and any other vehicle or conveyance used for carriage of persons whether or not such use is in the course of a business of transporting persons. See N.Y. Vehicle & Traffic Law 1809-C
• Transportation service: means the operation within the state of a vehicle or vehicles by a person not otherwise licensed to operate a disposal plant, for the purpose of transporting for hire unprocessed animal bodies, carcasses or portions thereof, and meat or meat products which are not intended for eventual use for human consumption. See N.Y. Public Authorities Law 1837-C
• Trauma care: means health care provided to patients at high risk of death or disability from multiple and severe injuries. See N.Y. New York City Administrative Code 8-907
• Trauma system: means an organized health care system to provide trauma care in, or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-907
• Traumatic brain injury: means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. See N.Y. New York City Administrative Code 3-311
• Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Family Court Law 911
• Treasury shares: means shares which have been issued, have been subsequently acquired, and are retained uncancelled by the corporation. See N.Y. New York City Administrative Code 27-728
• treated: means that the seed has received an effective application of an approved substance or method designed to control or repel plant disease organisms, insects, or other pests; or has received some other treatment to improve its planting value. See N.Y. Tax Law 1202-E
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. New York City Administrative Code 20-297.7
• Treatment: means any method, technique, or process including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. New York City Administrative Code 20-331
• tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree or shrub seeds in this state. See N.Y. Tax Law 1202-E
• trip: means the provision of transportation by a transportation network company driver to a passenger provided through the use of a TNC's digital network:

  (i) beginning when a transportation network company driver accepts a passenger's request for a trip through a digital network controlled by a transportation network company;

  (ii) continuing while the transportation network company driver transports the requesting passenger in a TNC vehicle; and

  (iii) ending when the last requesting passenger departs from the TNC vehicle. See N.Y. Vehicle & Traffic Law 1691

• Trust: shall mean the trust created by section 54. See N.Y. New York City Administrative Code 27-656
• trust indenture: means any agreement, conveyance, transfer, mortgage or other instrument, pursuant to which bonds are issued, or which affect the rights of bondholders. See N.Y. Vehicle & Traffic Law 2105
• Trust office: when used in this article with respect to a subsidiary trust company, means an office of the subsidiary trust company maintained for the purpose of conducting its business. See N.Y. New York City Administrative Code 13-348
• Trustee: shall mean and include any person, firm, association or corporation named, appointed or designated as such in any deed of trust, trust indenture or other similar instrument or any successor of such trustee. See N.Y. New York City Administrative Code 17-1003
• trustee: includes any person to whom any property has been transferred as security for an issue; any person who is the obligee or holder of an obligation, interests in which are evidenced by a bond as defined in clause (b) of paragraph one of this section; and any person who, under the terms of a trust indenture, is granted rights or remedies which may be exercised for the benefit of bondholders. See N.Y. Vehicle & Traffic Law 2105
• Tuition: means the amount actually paid by a parent for the enrollment of a pupil at a nonpublic school for the calendar year for which a tuition reimbursement payment is sought. See N.Y. Penal Law 55.10
• Tuition: shall mean the per pupil cost of all instructional services, supplies and equipment, and the operation of instructional facilities as determined by the commissioner. See N.Y. Penal Law 220.06
• tuition: as used in this article and in the provisions of chapter ten hundred sixty of the laws of nineteen hundred seventy-four shall mean the per pupil cost of all instructional services, supplies, equipment and the operation of instructional facilities as determined by the commissioner. See N.Y. Penal Law 221.40
• Tuition savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Penal Law 70.02
• Turnover: shall mean the occupancy of a dwelling unit subsequent to the termination of a tenancy and the vacatur by a prior tenant of such dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
• Ultraviolet radiation device: shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See N.Y. New York City Administrative Code 9-110
• under this part: shall be deemed references to petitions and proceedings initiated under section three hundred eighty-four-b of the social services law upon the ground that the child is a permanently neglected child. See N.Y. Family Court Law 611
• Underlying defect: shall mean a physical condition in a dwelling or dwelling unit that is causing or has caused paint to peel or a painted surface to deteriorate or fail, such as a structural or plumbing failure that allows water to intrude into a dwelling or dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
• Underserved area: means an area or medically underserved population designated by the commissioner pursuant to regulation, and in consultation with the respective health systems agency, as having a shortage of primary care physicians or primary care practitioners. See N.Y. Family Court Law 834
• 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
• Unearned income: shall mean all other income, in accordance with the regulations of the department. See N.Y. Social Services Law 208
• unencumbered: as used in this article , shall have the same meaning as in paragraph six of subsection (a) of section one thousand four hundred four of the insurance law. See N.Y. Family Court Law 360.3
• unfair labor practice: means only those unfair labor practices listed in section seven hundred four. See N.Y. Tax Law 684
• unfounded report: means any report made pursuant to this title unless an investigation determines that some credible evidence of the alleged abuse or maltreatment exists;

  7. See N.Y. Social Services Law 412

• Unincorporated business entire net income: when used in this chapter shall mean the excess of the unincorporated business gross income of an unincorporated business over its unincorporated business deductions. See N.Y. New York City Administrative Code 11-501
• Unincorporated entity: when used in this chapter shall include an entity classified as a partnership for federal income tax purposes regardless of whether the entity is formed as a corporation, joint-stock company, joint-stock association, body corporate or body politic or whether the entity is organized under a federal or state statute, or under a statute of a federally recognized Indian tribe, or under a statute of a country other than the United States that describes or refers to the entity as incorporated. See N.Y. New York City Administrative Code 11-501
• Uninsured transmitter of money: means a transmitter of money other than a banking organization, whose New York instruments are uninsured by a federal insuring agency. See N.Y. New York City Administrative Code 20-331
• Unique identifier: means a number or other identifier assigned by protocols established by the NMLSR. See N.Y. New York City Administrative Code 20-264*2
• Unit: means a part of the property intended for any type of use or uses, and with an exit to a public street or highway or to a common element or elements leading to a public street or highway, and may include such appurtenances as garage and other parking space, storage room, balcony, terrace and patio, but in no event may utility facilities such as those for water or sewerage treatment or power generation appear as single units. See N.Y. New York City Administrative Code 20-103
• Unit designation: means the number, letter or combination thereof or other official designations conforming to the tax lot number, if any, designating the unit in the declaration and on the floor plans. See N.Y. New York City Administrative Code 20-103
• Unit owner: means the person or persons owning a unit in fee simple absolute or, in the case either (i) of a condominium devoted exclusively to non-residential purposes, or (ii) a qualified leasehold condominium, owning a unit held under a lease or sublease. See N.Y. New York City Administrative Code 20-103
• United States: means any officer, agency, department or instrumentality of the United States of America, other than a court, and any corporation organized under its laws. See N.Y. Penal Law 250.65
• Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on "roll-your-own" tobacco containers. See N.Y. Family Court Law 1036
• University centers: shall mean the university centers at Albany, Binghamton, Buffalo and Stony Brook. See N.Y. New York City Administrative Code 27-2007
• Unlawful entry: means :

  (a) an entry on the taxable portion of the assessment roll or the tax roll, or both, of the assessed valuation of real property which, except for the provisions of section four hundred ninety of this chapter, is wholly exempt from taxation; or

  (b) an entry on an assessment roll or a tax roll, or both, of the assessed valuation of real property which is entirely outside the boundaries of the assessing unit, the school district or the special district in which the real property is designated as being located, but not an entry on an assessment roll or a tax roll, or both, of the assessed valuation of real property assessed pursuant to subdivisions two through five of section five hundred of this article; or

  (c) an entry of assessed valuation on an assessment roll or on a tax roll, or both, which has been made by a person or body without the authority to make such entry; or

  (d) an entry of assessed valuation of state land subject to taxation on an assessment roll or on a tax roll, or both, which exceeds the assessment of such land approved by the commissioner; or

  (e) an entry of assessed valuation of a special franchise on an assessment roll or on a tax roll, or both, which exceeds the final assessment thereof as determined by the commissioner pursuant to subdivision one of section six hundred six of this chapter, or the full value of that special franchise as determined by the commissioner pursuant to subdivision two of section six hundred six of this chapter adjusted by the final state equalization rate established by the commissioner for the assessment roll upon which that value appears. See N.Y. Real Property Tax Law 550

• unlawful practice of the law: as used in this article shall include, but is not limited to,

  (a) any act prohibited by penal law sections two hundred seventy, two hundred seventy-a, two hundred seventy-e, two hundred seventy-one, two hundred seventy-five, two hundred seventy-five-a, two hundred seventy-six, two hundred eighty or fourteen hundred fifty-two, or

  (b) any other act forbidden by law to be done by any person not regularly licensed and admitted to practice law in this state, or

  (c) any act punishable by the supreme court as a criminal contempt of court under section seven hundred fifty-B of this chapter. See N.Y. Social Services Law 339

• Unmerged company: shall mean a neighborhood preservation company that is not a merged company. See N.Y. Family Court Law 580-208
• Unmerged corporation: shall mean a not-for-profit corporation that is not a merged corporation. See N.Y. Family Court Law 580-312
• Unsecured bail bond: means a bail bond, other than an insurance company bail bond, not secured by any deposit of or lien upon property. See N.Y. New York City Administrative Code 27-574
• Use: shall mean to avail oneself of or to employ without conveyance of title gardens on vacant public lands by any individual or organization. See N.Y. Penal Law 400.01
• Utility: means an investor-owned gas or electrical corporation regulated by the commission whose gross revenues for the preceding calendar year exceeded three hundred fifty million dollars. See N.Y. New York City Administrative Code 12-316
• Utility property: means property and equipment as described in paragraphs (c), (d), (e), (f) and (i) of subdivision twelve of section one hundred two of this chapter that is used in the ordinary course of business by its owner or any other entity or property as described in paragraphs (a) and (b) of subdivision twelve of section one hundred two of this chapter that is owned by any entity that uses in the ordinary course of business property and equipment as described in paragraphs (c), (d), (e), (f) and (i) of subdivision twelve of section one hundred two of this chapter, without regard to the classification of such property and equipment for real property tax purposes pursuant to section eighteen hundred two of this chapter, except that any such property and equipment used solely to serve the building to which they are attached shall not be deemed utility property. See N.Y. Real Property Tax Law 489-AAAAAA
• Vacant public land: shall mean any land owned by the state or a public corporation including a municipality that is not in use for a public purpose, is otherwise unoccupied, idle or not being actively utilized for a period of at least six months and is suitable for garden use. See N.Y. Penal Law 400.01
• Value: shall mean the "as is" value of the existing multiple dwelling, or in the case of non-residential property to be converted into a multiple dwelling, the "as is" value of such non-residential property, and the land upon which it is situate prior to rehabilitation or conversion or, in the case of the construction of a new multiple dwelling, the "as is" value of the vacant land prior to such construction plus the total of all costs of such rehabilitation, conversion or construction, including, but not limited to, the costs of any or all undertakings necessary for the planning, financing, tenant relocation, acquisition, satisfaction of tax liens and other municipal liens and encumbrances, construction, equipment and development in connection therewith. See N.Y. Family Court Law 580-105
• variety: means a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it may be differentiated under certain conditions from other plants of the same kind. See N.Y. Tax Law 1202-E
• vegetable seeds: includes seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state. See N.Y. Tax Law 1202-E
• Vehicle: means a conveyance or any piece of equipment whatsoever used in transportation service. See N.Y. Public Authorities Law 1837-C
• Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter. See N.Y. Vehicle & Traffic Law 239
• Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter except that it shall not include a device for which a registration is denied pursuant to section four hundred-a of this chapter and, except with respect to section twenty-one hundred two of this article, shall also mean a vessel as defined in section twenty-two hundred fifty of this chapter. See N.Y. Vehicle & Traffic Law 2101
• vendor: includes :

  (A) A person making sales of tangible personal property or services, the receipts from which are taxed by this article;

  (B) A person maintaining a place of business in the state and making sales, whether at such place of business or elsewhere, to persons within the state of tangible personal property or services, the use of which is taxed by this article;

  (C) A person who solicits business either:

  (I) by employees, independent contractors, agents or other representatives; or

  (II) by distribution of catalogs or other advertising matter, without regard to whether such distribution is the result of regular or systematic solicitation, if such person has some additional connection with the state which satisfies the nexus requirement of the United States constitution; and by reason thereof makes sales to persons within the state of tangible personal property or services, the use of which is taxed by this article;

  (D) A person who makes sales of tangible personal property or services, the use of which is taxed by this article, and who regularly or systematically delivers such property or services in this state by means other than the United States mail or common carrier;

  (E) A person who regularly or systematically solicits business in this state by the distribution, without regard to the location from which such distribution originated, of catalogs, advertising flyers or letters, or by any other means of solicitation of business, to persons in this state and by reason thereof makes sales to persons within the state of tangible personal property, the use of which is taxed by this article, if such solicitation satisfies the nexus requirement of the United States constitution;

  (F) A person making sales of tangible personal property, the use of which is taxed by this article, where such person retains an ownership interest in such property and where such property is brought into this state by the person to whom such property is sold and the person to whom such property is sold becomes or is a resident or uses such property in any manner in carrying on in this state any employment, trade, business or profession;

  (G) Any other person making sales to persons within the state of tangible personal property or services, the use of which is taxed by this article, who may be authorized by the commissioner of taxation and finance to collect such tax by part IV of this article;

  (H) The state of New York, any of its agencies, instrumentalities, public corporations (including a public corporation created pursuant to agreement or compact with another state or Canada) or political subdivisions when such entity sells services or property of a kind ordinarily sold by private persons; and

  (I) A seller of tangible personal property or services, the use of which is taxed by this article if either (I) an affiliated person that

  is a vendor as otherwise defined in this paragraph uses in the state trademarks, service marks, or trade names that are the same as those the seller uses; or (II) an affiliated person engages in activities in the state that inure to the benefit of the seller, in its development or maintenance of a market for its goods or services in the state, to the extent that those activities of the affiliate are sufficient to satisfy the nexus requirement of the United States constitution. See N.Y. Tax Law 1101

• Video surveillance: means the intentional visual observation by law enforcement of a person by means of a television camera or other electronic device that is part of a television transmitting apparatus, whether or not such observation is recorded on film or video tape, without the consent of that person or another person thereat and under circumstances in which such observation in the absence of a video surveillance warrant infringes upon such person's reasonable expectation of privacy under the constitution of this state or of the United States. See N.Y. New York City Administrative Code 27-687
• Video surveillance warrant: means an order of a justice authorizing or approving video surveillance. See N.Y. New York City Administrative Code 27-687
• Visitor: shall mean a person who is neither engaged in nor an employee of a wholesale business or market business in the market who wishes to enter or enters a public wholesale market. See N.Y. New York City Administrative Code 22-251
• Vocational rehabilitation services: means :

  a. See N.Y. Penal Law 120.55

• Voluntary advanced life support first response service: means advanced life support first response service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
• Voluntary ambulance service: means an ambulance service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
• Voluntary authorized agency: shall mean an authorized agency as defined in paragraphs (a) and (c) of subdivision ten of section three hundred seventy-one of this article. See N.Y. Social Services Law 451
• Voting shareholders: means those shareholders of the NYSBIC or the NYSSBIC that contribute to the capitalization and ongoing funding of the investment companies. See N.Y. New York City Administrative Code 13-630
• Voting stock: means capital stock that constitutes voting securities as defined in paragraph forty-five of subsection (a) of section one hundred seven of this chapter. See N.Y. Retirement & Social Security Law 73
• Vulnerable child witness: means a child witness whom a court has declared to be vulnerable. See N.Y. New York City Administrative Code 27-272
• Wage: includes allowances in the amount determined in accordance with the provisions of this article for meals, lodging, and other items, service and facilities when furnished by the employer to his employees. See N.Y. Tax Law 635
• Wage: includes : (a) basic hourly cash rate of pay; and (b) supplements. See N.Y. Social Services Law 461-A
• Wage: includes allowances, in the amount determined in accordance with the provisions of this article, for gratuities and, when furnished by the employer to employees, for meals, lodging, apparel, and other such items, services and facilities. See N.Y. Tax Law 627-C
• wage board: means a board created as provided in this article. See N.Y. Tax Law 627-C
• Wages: means wages as defined in subsection (a) of section thirty-four hundred one of the internal revenue code, except that (1) wages shall not include payments for active service as a member of the armed forces of the United States and shall not include, in the case of a nonresident individual or partner of a partnership doing an insurance business as a member of the New York insurance exchange described in section six thousand two hundred one of the insurance law, any item of income, gain, loss or deduction of such business which is such individual's distributive or pro rata share for federal income tax purposes or which such individual is required to take into account separately for federal income tax purposes, and (2) wages shall include (i) the amount of member or employee contributions to a retirement system or pension fund picked up by the employer pursuant to subdivision f of section five hundred seventeen or subdivision d of section six hundred thirteen of the retirement and social security law or section 13-225. See N.Y. New York City Administrative Code 11-1901
• Wages: means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. See N.Y. Social Services Law 409-F
• Wages: shall include moneys payable, under contract or otherwise, for services rendered to a domestic or foreign corporation or fiduciary, including but not limited to payment of salaries, commissions, royalties, expenses, employee benefits, and insurance benefits payable by a corporation pursuant to a self-insurance plan, less lawful deductions. See N.Y. Penal Law 240.60
• Wages: shall include moneys payable, under contract or otherwise, for services rendered to a broker or dealer, less lawful deductions. See N.Y. Penal Law 240.70
• War dog: means any dog which has been honorably discharged from the United States armed services. See N.Y. Public Authorities Law 2422
• Warehouse: means a person engaged in the business of storing goods for hire. See N.Y. Uniform Commercial Code 7-102
• Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under article 17 of this chapter, or source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended (68 Stat. See N.Y. New York City Administrative Code 20-275
• Waste: means

  a. See N.Y. New York City Administrative Code 19-186

• Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section four hundred two of the federal Water Pollution Control Act, as amended (86 Stat. See N.Y. New York City Administrative Code 20-297.7
• Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, whether or not such material may eventually be used for some other purpose, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations or from community activities, and source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended, except as may be provided by existing agreements between the state of New York and the

  government of the United States, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under article seventeen of this chapter. See N.Y. New York City Administrative Code 20-351

• Water well: shall mean any groundwater excavation for the purpose of obtaining water. See N.Y. New York City Administrative Code 13-325
• Water well driller: shall mean a person who, for compensation or as part of property development and sale, engages in water well drilling activities; provided, however, that, for the purposes of this subdivision, the term "person" shall not include a public corporation, political subdivision, government agency, department, or bureau of the state or a municipality. See N.Y. New York City Administrative Code 13-325
• water well drilling activities: shall mean the construction and reconstruction of water wells, the establishment or repair of a connection through the well casing and the repair of water wells including repairs which require the opening of the well casing. See N.Y. New York City Administrative Code 13-325
• Watershed agricultural easement: means a watershed conservation easement which allows the land subject to such easement to be utilized in agricultural production. See N.Y. Real Property Tax Law 583
• Watershed conservation easement: means an easement, covenant, restriction or other interest in real property purchased by or on behalf of the city of New York that is located in those areas of the counties of Delaware, Dutchess, Greene, Putnam, Schoharie, Sullivan, Ulster and Westchester located in the watershed of the New York city water supply, created under and subject to the provisions of article forty-nine of the environmental conservation law which, for the purpose of maintaining the open space, natural condition, or character of the real property in a manner consistent with the protection of water quality generally and the New York city water supply specifically, limits or restricts development, management or use of such real property. See N.Y. Real Property Tax Law 583
• Week: means a calendar week or a regularly established payroll week. See N.Y. Social Services Law 409-F
• Well operator: means the applicant for a permit to drill, deepen, plug back or convert a well subject to this title and titles 7 and 9 of this article, or the actual operator of the well if the well is not operated by the original applicant. See N.Y. New York City Administrative Code 19-194
• well permit: means a permit to drill, deepen, plug back or convert a well for production of oil or gas. See N.Y. New York City Administrative Code 19-194
• Wet signature: means a signature affixed in ink or pencil or other material to a paper document. See N.Y. New York City Administrative Code 19-303
• wholesale business: shall mean any business engaged in selling food or related agricultural products or horticultural products at wholesale prices for resale by a wholesaler or retailer or for use by an institution or other similar establishment, whether or not such business also sells directly to the public, except that such terms as used in this chapter shall not include a "wholesaler" or "wholesale seafood business" as defined in section 22-202 of this

  code; provided, however, that a wholesale business to which customers do not regularly come to pick up purchases and that does not deal from such location primarily in perishable products shall not be subject, unless otherwise provided by rule of the commissioner, to the provisions of sections 22-252, 22-254 and 22-255 of this chapter. See N.Y. New York City Administrative Code 22-251

• Wholesale trade association: shall mean an entity, the majority of whose members are wholesale businesses and/or market businesses, having as a primary purpose the promotion, management or self-regulation of a market or such wholesale businesses or market businesses within such market or the facilities utilized by such businesses, including, but not limited to a corporation, cooperative, unincorporated association, partnership, trust or limited liability partnership or company, whether or not such entity is organized for profit, not-for-profit, business or non-business purposes. See N.Y. New York City Administrative Code 22-251
• Window: shall mean the non-glass parts of a window, including but not limited to any window sash, window well, window jamb, window sill, or window molding. See N.Y. New York City Administrative Code 27-2056.2
• withdrawal of water: shall mean the removal or taking of water for any purpose from the waters of the state. See N.Y. New York City Administrative Code 13-325
• Without authorization: means to use or to access a computer, computer service or computer network without the permission of the owner

  or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. See N.Y. Penal Law 156.00

• Work agreement: means a job service recruitment or placement order; a farm labor contract or migrant labor registration; an agricultural employment contract executed by the employer or its representative with the Commonwealth of Puerto Rico or with the representatives of a foreign government; an agreement voluntarily entered into by the employer and the worker; or any comparable agreement. See N.Y. Tax Law 635
• Working search dog: means any dog that is trained to aid in the search for missing persons and is actually used for such purpose. See N.Y. Public Authorities Law 2422
• Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. Tax Law 1812-E
• Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. New York City Administrative Code 11-122
• Workplace literacy and basic skills education: means those common branch skills and English-as-a-second-language skills that are directly related to the ability to perform occupational tasks. See N.Y. Penal Law 242.00
• Workshop: means a place where any manufacture or handiwork is carried on and which is operated for the principle purpose of providing gainful employment to severely handicapped persons (a) as an interim step in the rehabilitation process for those who cannot be absorbed in the competitive labor market; or (b) during such time as employment opportunities for them in the competitive labor market do not exist. See N.Y. Penal Law 120.55
• Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Tax Law 1847
• Written instrument: means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant. See N.Y. New York City Administrative Code 27-523
• X-ray or imaging procedure: means and includes conventional diagnostic x-ray or radiology, computer tomography, angiography, magnetic resonance imaging and ultrasound. See N.Y. Public Health Law 3501
• Year of service: shall mean the number of years which a teacher has served in the school district in which he is employed including the year for which a determination for salary purposes is made. See N.Y. Penal Law 205.17
• 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. New York City Administrative Code 27-722
• Youth: means a person who resides in a juvenile detention or placement facility in the custody of ACS. See N.Y. New York City Administrative Code 21-901
• 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. New York City Administrative Code 27-722
• Zone: means one of no fewer than 13 divisions of ACS child protective services headed by a deputy director who exercises oversight over the work of child protective managers, supervisors and child protective specialists in a specific geographic area, or the Office of Confidential Investigations. See N.Y. New York City Administrative Code 21-901