Terms Used In New York Laws > Education > Title 1 > Article 3 - Education Department

• Adulterated: means the same as set forth in section two hundred of this chapter. See N.Y. Agriculture and Markets Law 96-Z-21
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means cattle, swine, sheep, goats, horses and other large domesticated mammals. See N.Y. Agriculture and Markets Law 96-G
• Animal: means any animal, domestic or feral, or any domesticated bird. See N.Y. Agriculture and Markets Law 96-Y
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriate institution: means : (a) a hospital operated by the office of mental health or a developmental center operated by the office for people with developmental disabilities; or (b) a hospital licensed by the department of health which operates a psychiatric unit licensed by the office of mental health, as determined by the commissioner provided, however, that any such hospital that is not operated by the state shall qualify as an "appropriate institution" only pursuant to the terms of an agreement between the commissioner and the hospital. See N.Y. Criminal Procedure Law 730.10
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• camelid: means the entire family of camelidae. See N.Y. Agriculture and Markets Law 90-B
• Carcass: means all parts, including viscera of a slaughtered animal, that are capable of being used for human food. See N.Y. Agriculture and Markets Law 96-G
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• cattle: means the entire family of bovidae. See N.Y. Agriculture and Markets Law 90-B
• Certified psychologist: means a person who is registered as a certified psychologist under Article one hundred fifty-three of the education law. See N.Y. Criminal Procedure Law 730.10
• Clerk: means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article. See N.Y. Agriculture and Markets Law 108
• Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 96-G
• Commissioner: means the state commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 108
• Commissioner: means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. See N.Y. Criminal Procedure Law 730.10
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cross examine: Questioning of a witness by the attorney for the other side.
• 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. Agriculture and Markets Law 96-G
• 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. Agriculture and Markets Law 96-G
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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. Agriculture and Markets Law 96-Y
• deer: means any member of the family of cervidae. See N.Y. Agriculture and Markets Law 90-B
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defendant: means a person who has been charged by an accusatory instrument with the commission of an offense. See N.Y. Criminal Procedure Law 710.10
• Department: means the department of agriculture and markets. See N.Y. Agriculture and Markets Law 96-G
• Dependent: A person dependent for support upon another.
• 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. Agriculture and Markets Law 108
• Devise: To gift property by will.
• Director: means (a) the director of a state hospital operated by the office of mental health or the director of a developmental center operated by the office for people with developmental disabilities, or (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner as having adequate facilities to examine a defendant to determine if he is an incapacitated person, or (c) the director of community mental health services. See N.Y. Criminal Procedure Law 730.10
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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. Agriculture and Markets Law 96-Y
• Dog: means any member of the species canis familiaris. See N.Y. Agriculture and Markets Law 108
• 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. Agriculture and Markets Law 108
• 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. Agriculture and Markets Law 108
• domestic animals: as used in this article shall mean domesticated sheep, horses, cattle, swine and goats. See N.Y. Agriculture and Markets Law 105-D
• Donor: The person who makes a gift.
• 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. Agriculture and Markets Law 90-B
• Eavesdropping: means "wiretapping" "mechanical overhearing of a conversation" or "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 710.10
• education department optional retirement program: means the retirement program established pursuant to part V of this article. See N.Y. Education Law 180
• 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. Education Law 180
• 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. Education Law 180
• Eligible youth: means a youth who is eligible to be found a youthful offender. See N.Y. Criminal Procedure Law 720.10
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Examination report: means a report made by a psychiatric examiner wherein he sets forth his opinion as to whether the defendant is or is not an incapacitated person, the nature and extent of his examination and, if he finds that the defendant is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the defendant lacks capacity to understand or to assist in his own defense. See N.Y. Criminal Procedure Law 730.10
• 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. Agriculture and Markets Law 96-G
• Federal inspection: means the meat inspection maintained by the United States department of agriculture. See N.Y. Agriculture and Markets Law 96-G
• Federal inspection: means the poultry and poultry products inspection maintained by the United States department of agriculture. See N.Y. Agriculture and Markets Law 96-Z-21
• Federal law: means the federal meat inspection act and all acts amendatory thereof and supplementary thereto. See N.Y. Agriculture and Markets Law 96-G
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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. Agriculture and Markets Law 108
• Hearing dog: means any dog that is trained to aid a person who is deaf or hard of hearing 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. Agriculture and Markets Law 108
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• horse: means the entire family of equidae. See N.Y. Agriculture and Markets Law 90-B
• 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. Agriculture and Markets Law 108
• Incapacitated person: means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. See N.Y. Criminal Procedure Law 730.10
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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. Agriculture and Markets Law 96-Y
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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. Agriculture and Markets Law 96-G
• insurer: means a life insurance corporation, or other corporation, subject to department of financial services supervision. See N.Y. Education Law 180
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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. Agriculture and Markets Law 96-G
• Meat: means the entire bodies, carcasses or portions thereof of animals or birds. See N.Y. Agriculture and Markets Law 96-Y
• 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. Agriculture and Markets Law 96-G
• 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. Agriculture and Markets Law 96-G
• 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. Agriculture and Markets Law 96-G
• Meat product: means any product which is made or derived wholly or in part from the body, carcass or portions thereof of animals or birds. See N.Y. Agriculture and Markets Law 96-Y
• Minority leader: See Floor Leaders
• Municipality: means any county, town, city and village. See N.Y. Agriculture and Markets Law 108
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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 § 259-i of the executive law, or by a family court pursuant to section 322. See N.Y. Criminal Procedure Law 730.10
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who harbors or keeps any dog. See N.Y. Agriculture and Markets Law 108
• 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. Agriculture and Markets Law 108
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any person, firm, corporation, or association. See N.Y. Agriculture and Markets Law 96-G
• Person: means any person, firm, corporation, or association. See N.Y. Agriculture and Markets Law 96-Z-21
• Person: means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. See N.Y. Agriculture and Markets Law 108
• Person with a disability: means any person with a disability as that term is defined in subdivision twenty-one of § 292 of the executive law. See N.Y. Agriculture and Markets Law 108
• Personal property: All property that is not real property.
• Physical injury: means impairment of physical condition or substantial pain. See N.Y. Agriculture and Markets Law 108
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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. Agriculture and Markets Law 108
• Potential testimony: means information or factual knowledge of a person who is or may be available as a witness. See N.Y. Criminal Procedure Law 710.10
• Poultry: means any domesticated bird, whether live or dead. See N.Y. Agriculture and Markets Law 96-Z-21
• 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. Agriculture and Markets Law 96-Z-21
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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. Agriculture and Markets Law 96-Y
• Psychiatric examiner: means a qualified psychiatrist or a certified psychologist who has been designated by a director to examine a defendant pursuant to an order of examination. See N.Y. Criminal Procedure Law 730.10
• Qualified psychiatrist: means a physician 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. Criminal Procedure Law 730.10
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rendering: means the method by which animal bodies, carcasses or portions thereof, and meat or meat product are melted down and the fat or grease extracted therefrom. See N.Y. Agriculture and Markets Law 96-Y
• 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. Agriculture and Markets Law 108
• 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. Agriculture and Markets Law 108
• sheep: means any member of the genus ovis. See N.Y. Agriculture and Markets Law 90-B
• state salary: means all amounts paid by or for the state as compensation for services rendered by an eligible employee. See N.Y. Education Law 180
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Agriculture and Markets Law 90-B
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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. Agriculture and Markets Law 108
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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. Agriculture and Markets Law 96-Y
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Vehicle: means a conveyance or any piece of equipment whatsoever used in transportation service. See N.Y. Agriculture and Markets Law 96-Y
• Verdict: The decision of a petit jury or a judge.
• Video surveillance: has the meaning given to that term by section 700. See N.Y. Criminal Procedure Law 710.10
• War dog: means any dog which has been honorably discharged from the United States armed services. See N.Y. Agriculture and Markets Law 108
• 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. Agriculture and Markets Law 108
• Youth: means a person charged with a crime alleged to have been committed when he was at least sixteen years old and less than nineteen years old or a person charged with being a juvenile offender as defined in subdivision forty-two of section 1. See N.Y. Criminal Procedure Law 720.10
• Youthful offender finding: means a finding, substituted for the conviction of an eligible youth, pursuant to a determination that the eligible youth is a youthful offender. See N.Y. Criminal Procedure Law 720.10
• Youthful offender sentence: means the sentence imposed upon a youthful offender finding. See N.Y. Criminal Procedure Law 720.10