Sections
Article 31 School Districts 1501 – 1527-C
Article 32 Filing of Expenditure Statements by Candidates for Membership On Board of Education 1528 – 1531
Article 33 Common School Districts 1601 – 1619
Article 35 Union Free School Districts 1701 – 1726
Article 37 Central School Districts 1801 – 1809
Article 39 Central High School Districts 1901 – 1917-A
Article 40 Boards of Cooperative Educational Services 1950 – 1952
Article 40-A Shared Personnel 1980 – 1981
Article 41 District Meetings 2001 – 2054
Article 43 School District Officers–Town and County Officials 2101 – 2143
Article 45 Supervisory Districts 2201 – 2218
Article 51 City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2501 – 2530
Article 52 City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2550 – 2588
Article 52-A New York City Community School District System 2590 – 2590-V
Article 53 School Elections in City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2601 – 2613
Article 55 Regulation by Boards of Education of Conduct On School District Property 2801 – 2814
Article 56 Charter Schools 2850 – 2857

Terms Used In New York Laws > Education > Title 2 - School District Organization

  • Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. Education Law 651
  • 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
  • Accessibility lift: means elevators or conveyances that are intended for transportation of persons with disabilities, such as platform lifts and stairway chairlifts, including equipment covered by the provisions of ASME (American Society of Mechanical Engineers) A18. See N.Y. Labor Law 951
  • Accessibility lift work: means elevator and conveyance work that is restricted to accessibility lifts. See N.Y. Labor Law 951
  • 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 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. Education Law 695-B
  • 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. Education Law 501
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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. Education Law 720
  • adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. Domestic Relations Law 109
  • 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.
  • 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. Labor Law 860-A
  • Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See N.Y. Public Health Law 1399-OO
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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. Private Housing Finance Law 401
  • 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. Private Housing Finance Law 801
  • Agency: shall mean a state department, state agency, or state public authority. See N.Y. Public Buildings Law 81
  • 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. Labor Law 721
  • agricultural employer: shall mean any employer engaged in cultivating the soil or in raising or harvesting any agricultural or horticultural commodity including custom harvesting operators, and employers engaged in the business of crops, livestock and livestock products as defined in § 301 of the agriculture and markets law, or other similar agricultural enterprises. See N.Y. Labor Law 701
  • 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. Private Housing Finance Law 572
  • 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. Public Health Law 2780
  • Allocable share: means allocable share as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
  • Alteration: means any change to any conveyance or component other than maintenance, repair, or replacement, but shall not include the professional services of engineering or architecture as defined in sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. Education Law 501
  • 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. Education Law 501
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicable standard rate: shall mean a combination of (a) the standard wage rate; and (b) the standard benefits supplemental rate. See N.Y. Labor Law 696-A
  • 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. Criminal Procedure Law 700.05
  • Applicant: means a district attorney, an assistant district attorney, and when empowered by law to conduct an investigation of or to prosecute or participate in the prosecution of a designated crime, the attorney general, an assistant attorney general, the deputy attorney general in charge of the statewide organized crime task force, or an assistant deputy attorney general of such task force. See N.Y. Criminal Procedure Law 705.00
  • Applicant: shall mean any entity eligible to receive grants or loans under the HOME program. See N.Y. Private Housing Finance Law 1171
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved 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. Labor Law 901
  • 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.
  • art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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. Legislative Law 1-C
  • Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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. Labor Law 901

  • 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. Labor Law 901
  • 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. Labor Law 901
  • 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. Labor Law 901
  • 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. Labor Law 901
  • Asbestos material: means any material containing more than one percent by weight of asbestos. See N.Y. Labor Law 901
  • 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. Labor Law 901
  • Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:

    1. See N.Y. Family Court Law 581-102

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • ATV: means an all terrain vehicle or ATV as defined in section twenty-two hundred eighty-one of this chapter. See N.Y. Vehicle and Traffic Law 2401
  • Authority: shall mean the New York state energy research and development authority. See N.Y. Public Buildings Law 81
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. Domestic Relations Law 109
  • Authorized agency: means any agency defined by § 371 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. Public Health Law 2780
  • 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. Navigation Law 79-A
  • authorizing agent: shall mean the person with the right to control the disposition of the decedent pursuant to § 4201 of the public health law. See N.Y. Not-For-Profit Corporation Law 1502
  • authorship: refers to the creator of a work of fine art or multiple or to the period, culture, source or origin, as the case may be, with which the creation of such work is identified in the description of the work. See N.Y. Arts and Cultural Affairs Law 11.01
  • Bail: 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.
  • 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
  • Bank holding company: when used in this article, means any company which (a) directly or indirectly, or through a subsidiary or subsidiaries, owns, controls, or holds with power to vote (i) ten per centum or more of the voting stock of a company which is or becomes a bank holding company by virtue of this article, or (ii) ten per centum or more of the voting stock of a banking institution, or (b) controls in any manner the election of a majority of the directors of (i) a banking institution, or (ii) a company which is or becomes a bank holding company by virtue of this article, or (c) is a company, for the benefit of whose stockholders or members ten per centum or more of the voting stock of a banking institution or of a company which is or becomes a bank holding company by virtue of this article is held, directly or indirectly, by a trustee or trustees, or (d) through a combination of (i) ownership, control or holding, directly or indirectly, of voting stock and (ii) voting stock and held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company, if such voting stock is voting stock of one or more banking institutions or of one of more companies which are or become bank holding companies by virtue of this article, as the case may be, is a company which would be a bank holding company if the aggregate of such voting stock were either entirely owned, controlled or held, directly or indirectly, by such company or entirely held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company. See N.Y. Banking Law 141
  • Banking institution: when used in this article, means a bank, a trust company, a stock-form savings bank or a stock-form savings and loan association. See N.Y. Banking Law 141
  • banking institution: shall mean and include banks, trust companies, savings banks, savings and loan associations and foreign banking corporations licensed, pursuant to section twenty-six of this chapter, to maintain a branch in the state, as so defined. See N.Y. Banking Law 190
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by this article. See N.Y. Education Law 501
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • 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. Public Health Law 1399-AA
  • Board: means the New York state elevator safety and standards advisory board established by section nine hundred fifty-six of this article. See N.Y. Labor Law 951
  • 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. Not-For-Profit Corporation Law 1602

  • 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. Labor Law 701
  • Board: shall mean the board of trustees of the New York state higher education services corporation. See N.Y. Education Law 651
  • 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. Labor Law 885
  • Body piercing: shall mean the piercing of any part of the body, except the ear. See N.Y. Public Health Law 460
  • Body piercing specialist: shall mean any person who performs body piercing on the body of any other person. See N.Y. Public Health Law 460
  • Body piercing studio: shall mean any premises in which the body piercing specialist conducts such practice. See N.Y. Public Health Law 460
  • 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. Personal Property Law 285
  • bondholder: means the owner of a bond. See N.Y. Personal Property Law 285
  • 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. Education Law 620
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • 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. Labor Law 451
  • Building: shall mean a building or structure that is owned by the state or by an agency. See N.Y. Public Buildings Law 81
  • Business: means any corporation, or instrumentality of a corporation, self-employed person, company, unincorporated association, firm, partnership, limited liability company, corporation, or any other entity, or any owner or operator of any of the foregoing entities. See N.Y. Labor Law 951
  • 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. Personal Property Law 426
  • Business license: means a license that authorizes the holder to engage in the business of elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
  • Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
  • Byproduct: shall mean any element or compound in the finished vapor product, or in the vapor produced during consumption of a vapor product, which: (a) was created or formed during the manufacturing process as an intentional or unintentional consequence of such manufacturing process at any point in such product's supply chain, or at any point in the supply chain of any raw material or ingredient used to manufacture such product; or (b) is created or formed as an intentional or unintentional consequence of the use of an e-cigarette or consumption of a vapor product. See N.Y. Public Health Law 1700
  • call center: means a facility or other operation whereby employees receive phone calls or other electronic communication for the purpose of providing customer assistance. See N.Y. Labor Law 770
  • call center employer: means any business entity that employs fifty or more employees, excluding part-time employees; or fifty or more employees that in the aggregate work at least fifteen hundred hours per week, excluding overtime hours, for the purpose of staffing a call center. See N.Y. Labor Law 770
  • 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. Public Health Law 2780
  • 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. Public Health Law 2801
  • Carrier: means a person that issues a bill of lading. See N.Y. Uniform Commercial Code 7-102
  • casket: means a rigid container that is designed for the encasement of human remains and customarily ornamented and lined with fabric. See N.Y. Not-For-Profit Corporation Law 1502
  • cemetery board: means the cemetery board in the division of cemeteries in the department of state. See N.Y. Not-For-Profit Corporation Law 1502
  • 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. Not-For-Profit Corporation Law 1502
  • Central business district: means the area described in section seventeen hundred four of this article for which tolls shall be charged for a vehicle's entry into or remaining in such district. See N.Y. Vehicle and Traffic Law 1703
  • Central business district toll: means a toll charged for entry into or remaining in the central business district as described in section seventeen hundred four of this article. See N.Y. Vehicle and Traffic Law 1703
  • Central business district tolling customer service center: means the customer contact and back-office system and operation services for the collection of central business district tolls and enforcement of central business district toll violations that the Triborough bridge and tunnel authority will plan, design, implement and operate as part of the central business district tolling program. See N.Y. Vehicle and Traffic Law 1703
  • Central business district tolling infrastructure: means the devices and structures including but not limited to gantries, clear signage delineating entry into the central business district and toll amounts, and power and communication lines that the Triborough bridge and tunnel authority will plan, design, construct, and use as part of the central business district tolling program. See N.Y. Vehicle and Traffic Law 1703
  • Central business district tolling program: means the program for charging tolls for vehicles that enter or remain in the central business district and includes the central business district tolling infrastructure, the central business district tolling collection system and the central business district tolling customer service center. See N.Y. Vehicle and Traffic Law 1703
  • Certificate of authenticity: means a written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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 and 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. Partnership Law 121-101
  • 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. Partnership Law 121-101
  • Chambers: A judge's office.
  • chancellor: shall mean the chancellor of the city district. See N.Y. Education Law 2590-A
  • 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. Not-For-Profit Corporation Law 551
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • 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. Private Housing Finance Law 1171
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: 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 § 3306 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 any protected individual actually or apparently under eighteen years of age. See N.Y. Public Health Law 2780
  • child: refers to a child born out of wedlock. See N.Y. Family Court Law 512
  • Child: means a born individual of any age whose parentage may be determined under this act or other law. See N.Y. Family Court Law 581-102
  • 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 care provider: shall mean :

    1. See N.Y. Labor Law 695-B

  • 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
  • cigarette: includes "roll-your-own" (i. See N.Y. Public Health Law 1399-OO
  • City: means the city of New York. See N.Y. Vehicle and Traffic Law 1703
  • city board: shall mean the board of education of the city district. See N.Y. Education Law 2590-A
  • city district: shall mean the city school district of the city of New York. See N.Y. Education Law 2590-A
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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. Legislative Law 1-C
  • Client: means any person seeking or receiving the services of a rape crisis counselor for the purpose of securing counseling or assistance concerning any sex offense, sexual abuse, incest, or attempt to commit a sex offense, sexual abuse, or incest. See N.Y. Public Health Law 695-A
  • Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Labor Law 916
  • Coal: shall include bituminous coal, anthracite coal and lignite. See N.Y. Labor Law 230
  • Coastal communities: shall mean those areas on Long Island where the Magothy aquifer is either absent or contaminated with chlorides. See N.Y. Environmental Conservation Law 15-1502
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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. Education Law 601
  • 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 and Traffic Law 509-P
  • Commercial goods transportation contractor: includes a general commercial goods transportation contractor or a commercial goods transportation subcontractor. See N.Y. Labor Law 862-A
  • 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 and Traffic Law 509-P
  • 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: shall mean the commission on public integrity created by § 94 of the executive law. See N.Y. Legislative Law 1-C
  • commission salesperson: shall mean any person the primary purpose of whose employment is to cause or promote the sale of, or to influence or induce another to make a purchase of an article of procurement, whether such person is an employee (as that term is defined for tax purposes) of or an independent contractor for a vendor, provided that an independent contractor shall have a written contract for a term of not less than six months or for an indefinite term, and which person shall be compensated, in whole or in part, by the payment of a percentage amount of all or a substantial part of the sales which such person has caused, promoted, influenced or induced, provided, however, that no person shall be considered a commission salesperson with respect to any sale to or purchase by a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body if the percentage amount of any commission payable with respect to such sale or purchase is substantially in excess of any commission payable with respect to any comparable sale to a purchaser that is not a state agency, either house of the state legislature, the

    unified court system, a municipal agency or local legislative body; further, provided, however, that any person that is required to file a statement or report pursuant to this article by virtue of engaging in lobbying activities as defined in paragraphs (i) through (iv) and (vi) through (x) of subdivision (c) of this section shall not be deemed to be a "commission salesperson" for purposes of this article. See N.Y. Legislative Law 1-C

  • Commissioner: shall mean the commissioner of health. See N.Y. Public Health Law 460
  • 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. Labor Law 330

  • 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. Labor Law 340

  • Commissioner: means the industrial commissioner. See N.Y. Labor Law 651
  • Commissioner: means the commissioner of education of the State of New York. See N.Y. Education Law 561
  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Private Housing Finance Law 902
  • 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 and Traffic Law 2101
  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Private Housing Finance Law 921
  • Commissioner: means the commissioner of labor. See N.Y. Labor Law 861-B
  • Commissioner: means the commissioner of labor. See N.Y. Labor Law 862-A
  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Private Housing Finance Law 1002
  • Commissioner: means the commissioner of labor. See N.Y. Labor Law 901
  • Commissioner: means the commissioner of general services. See N.Y. Public Buildings Law 61
  • Commissioner of finance: means the commissioner of finance of the city;

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

  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • communication: includes conversation and discussion. See N.Y. Criminal Procedure Law 700.05
  • 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. Education Law 2590-A
  • 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. Education Law 2590-A
  • Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
  • community superintendent: shall mean the superintendent of schools of a community district. See N.Y. Education Law 2590-A
  • Community support system: means a system of service providers in a community designed to meet the needs of a victim of a sex offense, sexual abuse or incest. See N.Y. Public Health Law 695-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. Environmental Conservation Law 15-1502
  • Company: when used in this article, means any corporation, partnership, trust, unincorporated association, joint stock association or similar organization organized under the laws of the state of New York, or if not so organized, doing business in the state of New York, or any individual residing or doing business in the state of New York, or any combination of individuals which combination is residing or is doing business in the state of New York, any combination of the foregoing which combination is residing or is doing business in the state of New York, or any such individual and any of the foregoing acting in concert, but shall not include (a) any corporation the majority of the stock of which is owned by the United States or by any state unless the superintendent determines that it would be in the public interest to deem such a corporation to constitute a company, or (b) any corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and no substantial part of the activities of which is the carrying on of propaganda, or otherwise attempting to influence legislation unless the superintendent determines that it would be in the public interest to deem such a corporation, community chest, fund, or foundation to constitute a company, or (c) any corporation or partnership owning or controlling stock acquired in connection with an underwriting of securities and which is held only for such period of time as will permit the sale thereof upon a reasonable basis. See N.Y. Banking Law 141
  • 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 14 of the election law. See N.Y. Legislative Law 1-C
  • Compensation: means payment of any valuable consideration in excess of reasonable medical and ancillary costs. See N.Y. Family Court Law 581-102
  • Comptroller: shall mean the comptroller of the state of New York. See N.Y. Education Law 695-B
  • 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
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • 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. Legislative Law 34
  • 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. Public Health Law 2741
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • 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. Public Health Law 2780
  • Conservation: means acts taken to correct deterioration and alteration and acts taken to prevent, stop or retard deterioration. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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. Not-For-Profit Corporation Law 901
  • Consolidation: means a procedure of the character described in subparagraph (a) (2). See N.Y. Not-For-Profit Corporation Law 901
  • Constituent corporation: means an existing corporation that is participating in the merger or consolidation with one or more other corporations. See N.Y. Not-For-Profit Corporation Law 901
  • 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. Public Health Law 2801
  • Construction: shall mean the construction of new multiple dwellings upon vacant land. See N.Y. Private Housing Finance Law 801
  • Construction: means the act or process of constructing any conveyance, and includes vertically constructing or connecting any conveyance or part or system thereof. See N.Y. Labor Law 951
  • 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. Personal Property Law 426
  • 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. Public Health Law 2780
  • Contaminant: shall mean any element or compound made present in a vapor product as an unintentional consequence of manufacturing. See N.Y. Public Health Law 1700
  • 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. Criminal Procedure Law 700.05
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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. Labor Law 220

  • 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
  • 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. Labor Law 230
  • 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. Labor Law 340

  • Contractor: includes a general contractor and a subcontractor. See N.Y. Labor Law 861-B
  • 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. Partnership Law 121-101
  • 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. Education Law 501
  • core documents: shall mean those public documents for which library users have the most significant and frequent need. See N.Y. New York State Printing and Public Documents Law 10
  • corporation: shall mean every public authority and public benefit corporation a majority of the governing board members of which are either appointed by the governor or serve as members by virtue of their service as an officer of a state department, division, agency, board or bureau, or combination thereof. See N.Y. New York State Printing and Public Documents Law 10
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. Education Law 695-B
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. Education Law 651
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 921
  • Corporation: means the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 1052
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 1201
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 1221
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 1261
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Private Housing Finance Law 1271
  • Council: means the New York state council on graduate medical education. See N.Y. Public Health Law 901
  • Counseling: means individual communication and interaction which helps the client make choices and act upon those choices, provided to a client concerning any sex offense, sexual abuse, incest, or attempt to commit a sex offense, sexual abuse, or incest. See N.Y. Public Health Law 695-A
  • Counterfeit: means a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such manner that it appears or is claimed to have an authorship which it does not in fact possess. See N.Y. Arts and Cultural Affairs Law 11.01
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Covered airport location: means John F. See N.Y. Labor Law 696-A
  • Covered airport worker: means any person employed to perform work at a covered airport location provided at least one-half of the employee's time during any workweek is performed at a covered airport location and who works in one of the following covered categories:

    (i) Cleaning and related services, which shall mean:

    (1) building cleaning, including warehouse, kitchen, and terminal cleaning, including common areas, gateways, gates, lounges, clubs, concession areas, terminal entryways from ramp and where planes park at the gate, and other nearby facilities used for the preparation, packaging, and storage of inflight meals and supplies; and

    (2) aircraft and cabin cleaning, including lavatory and water disposal and replenishment, lift truck driving and helping, dispatching, cleaning crew driving, and sorting and packing of inflight materials, such as blankets, pillows, and magazines;

    (ii) Security related services, including catering security, escorting, escort security, passenger aircraft security, fire guarding, terminal security, baggage security, traffic security, cargo screening, including guarding, warehouse security, concessions and airport lounge security, security dispatch, and security at nearby facilities used for the preparation, packaging, and storage of inflight meals; or

    (iii) In terminal and passenger handling services, including baggage handling, sky cap services, wheelchair attending, wheelchair dispatching, customer and passenger services, line queue, identification checking, porter services for baggage, and passenger and employee shuttle driving. See N.Y. Labor Law 696-A

  • Covered drug: means any substance recognized as a drug under 21 USC § 321(g)(1), as amended, and any regulations promulgated thereunder that is sold, offered for sale or dispensed in the state, whether directly or through a wholesaler, in any form including prescription and nonprescription drugs, drugs in medical devices and combination products, brand and generic drugs and drugs for veterinary use; provided however, covered drug shall not include: (a) vitamins or supplements; (b) herbal-based remedies and homeopathic drugs, products or remedies; (c) cosmetics, soap (with or without germicidal agents), laundry detergent, bleach, household cleaning products, shampoos, sunscreens, toothpaste, lip balm, antiperspirants or other personal care products that are regulated as both cosmetics and nonprescription drugs under the Federal Food, Drug, and Cosmetic Act; (d) pet pesticide products contained in pet collars, powders, shampoos, topical applications, or other forms; (e) drugs that are biological products as defined in subdivision twenty-seven of § 6802 of the education law if the manufacturer already provides a take back program; (f) drugs for which a manufacturer provides a take back program as part of a Federal Food and Drug Administration managed risk evaluation and mitigation strategy; (g) emptied injector products or emptied medical devices and their component parts or accessories; and (h) drugs that are used solely in a clinical setting. See N.Y. Public Health Law 290
  • Covered institution employee: shall mean any employee, agent, contractor, director, officer or trustee of a covered institution. See N.Y. Education Law 620
  • Craft: means a functional or non-functional work individually designed, and crafted by hand, in any medium including but not limited to textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided, however, that if produced in multiples, craft shall not include works mass produced or produced in other than a limited edition. See N.Y. Arts and Cultural Affairs Law 11.01
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Creditors: means "creditor" as defined in paragraph thirteen of subsection (b) of section 1--201 of the uniform commercial code. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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. Not-For-Profit Corporation Law 1502
  • cremation: means the technical process, using heat and flame, that reduces human remains to ashes and other residue. See N.Y. Not-For-Profit Corporation Law 1502
  • cremation authorization: means the crematory form authorizing a cremation which is signed by the next of kin or authorizing agent. See N.Y. Not-For-Profit Corporation Law 1502
  • cremation permit: means the burial and removal permit required pursuant to § 4145 of the public health law that is annotated for disposition of the remains of a deceased human being by cremation. See N.Y. Not-For-Profit Corporation Law 1502
  • crematory: means a facility or portion of a building in which the remains of deceased human beings are processed by cremation. See N.Y. Not-For-Profit Corporation Law 1502
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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 and Traffic Law 415
  • 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 and Traffic Law 2101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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. Personal Property Law 285
  • 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
  • Defense attorney: Represent defendants in criminal matters.
  • 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
  • Department: shall mean the department of health. See N.Y. Public Health Law 460
  • Department: means the labor department. See N.Y. Labor Law 651
  • Department: means the department of labor. See N.Y. Labor Law 861-B
  • Department: means the department of labor. See N.Y. Labor Law 862-A
  • Department: means the department of labor. See N.Y. Labor Law 901
  • Dependent: A person dependent for support upon another.
  • 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

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Design: means the act or process of planning the repair, alteration, or construction of any conveyance, but shall not include the professional services of engineering or architecture as defined in

    sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951

  • 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. Education Law 695-B
  • Designated crime: means any crime included within the definition of a "designated offense" in subdivision eight of section 700. See N.Y. Criminal Procedure Law 705.00
  • 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 § 120. See N.Y. Criminal Procedure Law 700.05

  • Detention: means the temporary care and maintenance of children away from their own homes, as defined in § 502 of the executive law. See N.Y. Family Court Law 301.2
  • Devise: To gift property by will.
  • 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 and Traffic Law 1691
  • Disabled veteran: shall mean a veteran who is certified by the United States department of veterans affairs or the department of defense as entitled to receive disability payments upon the certification of such department for a disability incurred by him or her in time of war. See N.Y. Private Housing Finance Law 1201
  • Disabled veteran: shall mean a veteran with, including but not limited to, a permanent physical or medical impairment resulting from an anatomical or physiological condition which prevents the exercise of a normal bodily function, substantially limits a major life activity or which is demonstrable by medically accepted clinical or laboratory diagnostic techniques. See N.Y. Private Housing Finance Law 1271
  • 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. Public Health Law 1400
  • Disposition: means the disposal of a record by destruction, sale, gift, transfer to the local government archives, or by other authorized means. See N.Y. Arts and Cultural Affairs Law 57.17
  • dispositional hearing: means a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 1045
  • 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
  • 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. Partnership Law 121-101
  • 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 and 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 and Traffic Law 462
  • Division: shall mean the state division of housing and community renewal. See N.Y. Private Housing Finance Law 902
  • Division: shall mean the division of housing and community renewal. See N.Y. Private Housing Finance Law 921
  • Division: shall mean the state division of housing and community renewal. See N.Y. Private Housing Finance Law 1002
  • Division: shall mean the division of housing and community renewal. See N.Y. Private Housing Finance Law 1171
  • 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. Private Housing Finance Law 921
  • Docket: A log containing brief entries of court proceedings.
  • Doing business: when used in this article, shall include the maintenance by a foreign company of a place of business in this state, or the conduct by a foreign company of operations in this state, or the acquisition, owning or holding by a foreign company of any stock or assets of any banking institution or any company which directly or indirectly owns, controls or holds with power to vote ten per centum or more of the voting stock of a banking institution. See N.Y. Banking Law 141
  • 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. Not-For-Profit Corporation Law 551
  • Donor: means an individual who does not intend to be a parent who produces gametes and provides them to another person, other than the individual's spouse, for use in assisted reproduction. See N.Y. Family Court Law 581-102
  • 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. Personal Property Law 426
  • Dower: A widow
  • Drug take back organization: means an organization designated by a manufacturer or a group of manufacturers to act as an agent on behalf of the manufacturer or group of manufacturers to operate and implement a drug take back program as authorized by this article. See N.Y. Public Health Law 290
  • Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 700.05
  • Eavesdropping: means "wiretapping" "mechanical overhearing of a conversation" or "intercepting or accessing of an electronic communication" as those terms are defined in section 250. See N.Y. Criminal Procedure Law 710.10
  • Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. Criminal Procedure Law 700.05
  • 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. Education Law 2590-A
  • 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. Education Law 620
  • 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. Labor Law 451
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic mail: shall mean an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. See N.Y. Lien Law 182
  • Elevator: means a hoisting and lowering mechanism, equipped with a car, that moves within guides and serves two or more landings. See N.Y. Labor Law 951
  • Elevator and conveyance work: means performing activities that include the design, construction, installation, testing, maintenance, alteration, service, and repair of any elevator or conveyance. See N.Y. Labor Law 951
  • Elevator contractor: means any business that engages in elevator and conveyance work. See N.Y. Labor Law 951
  • Elevator inspection contractor: means any business that performs elevator and conveyance inspections. See N.Y. Labor Law 951
  • Elevator inspector: means any person who performs elevator and conveyance inspections, whether individually or through an elevator inspection contractor or public employer. See N.Y. Labor Law 951
  • Elevator mechanic: means any person who performs elevator and conveyance work. See N.Y. Labor Law 951
  • Elevator or conveyance: means any equipment identified in paragraphs (a) through (d) of subdivision one of section nine hundred fifty of this article, including any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, non-residential stairway chairlifts and automated people movers. See N.Y. Labor Law 951
  • 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. Private Housing Finance Law 1201
  • 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. Private Housing Finance Law 1221
  • 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 housing and community development activities. See N.Y. Private Housing Finance Law 1261
  • 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. Private Housing Finance Law 1271
  • Eligible area: shall mean an area: (i) that has experienced sustained physical deterioration, decay, neglect, or disinvestment; (ii) has a number of substandard buildings or vacant residential or commercial units; and (iii) in which more than fifty percent of the residents are persons of low income, or which is designated by a state or federal agency to be eligible for a community or economic development program. See N.Y. Private Housing Finance Law 1221
  • 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. Education Law 695-B
  • 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. Navigation Law 79-A
  • 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. Private Housing Finance Law 1021
  • Eligible property: shall mean a housing unit that is the primary residence of a person that is sixty years of age or older and have a household income that does not exceed one hundred percent of the area median income. See N.Y. Private Housing Finance Law 1261
  • Eligible property: shall mean a housing unit that is the primary residence of a disabled veteran and a total household income that does not exceed one hundred and twenty percent of area median income. See N.Y. Private Housing Finance Law 1271
  • Eligible sponsor: means either a corporation organized pursuant to the not-for-profit corporation law, a public housing authority as defined pursuant to subdivision two of § 3 of the public housing law, or an eligible borrower as defined in Title V of the United States Housing Act of 1949. See N.Y. Private Housing Finance Law 1021
  • Eligible youth: means a youth who is eligible to be found a youthful offender. See N.Y. Criminal Procedure Law 720.10
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Embryo: means a cell or group of cells containing a diploid complement of chromosomes or group of such cells, not a gamete or gametes, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur. See N.Y. Family Court Law 581-102
  • Embryo transfer: means all medical and laboratory procedures that are necessary to effectuate the transfer of an embryo into the uterine cavity. See N.Y. Family Court Law 581-102
  • emergency operation: shall include returning from emergency service. See N.Y. Vehicle and Traffic Law 501-A
  • 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. Labor Law 230
  • 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 a bona fide executive, administrative, or professional capacity; (c) as an outside salesman; (d) as a driver engaged in operating a taxicab; (e) 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; (f) 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; (g) 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; (h) in or for such a religious, educational or charitable institution if such individual is a student; (i) 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; (j) in or for a summer camp or conference of such a religious, educational or charitable institution for not more than three months annually; (k) as a staff counselor in a children's camp; (l) 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; (m) by a federal, state or municipal government or political subdivision thereof; (n) 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 (o) 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. Labor Law 651
  • 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; or (d) an individual employed or permitted to work for a federal, state, or a municipal government or political subdivision thereof. See N.Y. Labor Law 671
  • Employee: means an individual employed by an employer. See N.Y. Labor Law 733
  • 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 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. Labor Law 701
  • 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. Labor Law 350
  • 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. Labor Law 651
  • 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. Education Law 501
  • 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. Labor Law 671
  • Employer: means any person, corporation, limited liability company, or association employing any individual in an occupation, industry, trade, business or service. See N.Y. Labor Law 696-A
  • 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. Labor Law 701
  • 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. Labor Law 721
  • 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. Labor Law 733
  • 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. Labor Law 860-A
  • Employer: means any contractor that employs individuals deemed employees under this article. See N.Y. Labor Law 861-B
  • 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. Labor Law 862-A
  • 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. Labor Law 875
  • 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. Labor Law 721
  • 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. Labor Law 860-A

  • 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. Not-For-Profit Corporation Law 551
  • 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. Public Health Law 1399-AA
  • 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. Environmental Conservation Law 15-1502
  • 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. Labor Law 701
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: shall mean a partnership, association, joint venture, company, sole proprietorship, corporation or any other form of doing business. See N.Y. Labor Law 220
  • Entity: shall mean a partnership, association, joint venture, company, sole proprietorship, corporation or any other form of doing business. See N.Y. Labor Law 230
  • 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. Labor Law 901
  • Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See N.Y. Labor Law 951
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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. Partnership Law 121-101
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • 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. Criminal Procedure Law 700.05

  • 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. Private Housing Finance Law 401
  • 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. Legislative Law 1-C
  • 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. Labor Law 451
  • 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. Labor Law 451
  • External agent: means an independent investment advisor, investment counsel or manager, bank, or trust company. See N.Y. Not-For-Profit Corporation Law 551
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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. Public Buildings Law 50
  • 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. Public Health Law 2000
  • 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
  • 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
  • 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 and Traffic Law 462
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • family tuition account: shall mean an individual savings account established in accordance with the provisions of this article. See N.Y. Education Law 695-B
  • 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. Labor Law 671
  • Farm labor contractor: includes : a. See N.Y. Labor Law 671
  • Farm laborers: shall mean any individual engaged or permitted by an employer to work on a farm. See N.Y. Labor Law 701
  • 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 assistance: means assistance from the Farmer's Home Administration pursuant to title five of the United States Housing Act of 1949. See N.Y. Private Housing Finance Law 1021
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal 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. Private Housing Finance Law 801
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee: includes any money or other valuable consideration paid or promised to be paid to a farm labor contractor for the performance of any of the services enumerated in this definition. See N.Y. Labor Law 671
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • fiduciaries: shall include any fiduciary or fiduciaries holding funds for investment, and the term "banking organizations" shall have the same meaning as in subdivision eleven of § 2 of the banking law. See N.Y. Private Housing Finance Law 801
  • 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. Education Law 501
  • 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 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. Education Law 695-B
  • 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 and 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 51 of the insurance law. See N.Y. Vehicle and Traffic Law 311
  • finder: as used in this article means the person who first takes possession of lost property. See N.Y. Personal Property Law 251
  • Fine art: means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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. Labor Law 230

  • Fiscal year: means a period of one year commencing on the first day of July and terminating on the thirtieth day of June. See N.Y. Vehicle and Traffic Law 239
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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. Labor Law 651
  • Forbearance: A means of handling a delinquent loan. A
  • 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. Banking Law 221-B
  • 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. Partnership Law 121-101
  • 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. Limited Liability Company Law 1201
  • 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. Limited Liability Company Law 1301
  • 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. Limited Liability Company Law 1301
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fossil fuel: shall mean coal, petroleum products and fuel gases. See N.Y. Labor Law 230
  • 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 and Traffic Law 462
  • 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 § 810 of the general business law shall not be a "franchised motor vehicle dealer" pursuant to this article. See N.Y. Vehicle and 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 and Traffic Law 462
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • 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. Labor Law 901
  • Fuel gases: shall include but not be limited to methane, natural gas, liquefied natural gas and manufactured fuel gases. See N.Y. Labor Law 230
  • fund: shall mean the training and education program on occupational safety and health fund created pursuant to the provisons of § 97-c of the state finance law. See N.Y. Labor Law 885
  • Gamete: means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. See N.Y. Family Court Law 581-102
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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. Public Health Law 2801
  • 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. Partnership Law 121-101
  • 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. Legislative Law 1-C

  • Gift: shall mean any discount, favor, gratuity, inducement, loan, stock, thing of value, or other item having more than nominal value. See N.Y. Education Law 620
  • 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. Not-For-Profit Corporation Law 551
  • 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 and 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 body: means the town board, village board of trustees, city council, county legislature or board of supervisors, board of education or board of trustees of a school district or board of cooperative educational services, board of fire commissioners or other body authorized by law to govern the affairs of a local government. See N.Y. Arts and Cultural Affairs Law 57.17
  • 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. Public Health Law 2801
  • Governmental agency: means any agency of the state of New York and all municipalities within the state. See N.Y. Vehicle and 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. Legislative Law 1-C

  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Group policy: means an insurance policy issued pursuant to § 3455 of the insurance law. See N.Y. Vehicle and Traffic Law 1691
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Gutka: means a product containing lime paste, spices, areca and tobacco. See N.Y. Public Health Law 1399-AA
  • GVWR: shall mean the weight of a vehicle consisting of the unladen weight and the maximum carrying capacity recommended by the manufacturer of such vehicle. See N.Y. Vehicle and Traffic Law 509-P
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health care practitioner: means an individual licensed or certified under title eight of the education law, or a similar law of another state or country, acting within his or her scope of practice. See N.Y. Family Court Law 581-102
  • 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. Public Health Law 2780
  • 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. Public Health Law 2780
  • 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. Public Health Law 2801
  • 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. Public Health Law 1399-AA
  • Higher education expenses: shall include the following:

    a. See N.Y. Education Law 620

  • Highway: means any public street, public highway, public alley or navigable waterway, which is open for traffic. See N.Y. Labor Law 451
  • 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. Public Health Law 2780
  • HIV related illness: means any illness that may result from or may be associated with HIV infection. See N.Y. Public Health Law 2780
  • Home: means a room or an apartment in any house. See N.Y. Labor Law 350
  • HOME program: shall mean subtitle A of title II of the national affordable housing act. See N.Y. Private Housing Finance Law 1171
  • HOME regulations: shall mean HUD regulations created pursuant to the national affordable housing act of 1990 as amended. See N.Y. Private Housing Finance Law 1171
  • 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. Public Health Law 2801
  • 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. Public Health Law 2801
  • Hotline: means twenty-four-hour access to rape crisis intervention and prevention services including telephone hotline and telephone counseling capabilities. See N.Y. Public Health Law 695-A
  • 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. Labor Law 671
  • House: means the senate or assembly of the state of New York. See N.Y. Legislative Law 34
  • 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. Labor Law 350
  • 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 and 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. Private Housing Finance Law 302
  • 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; administration of landlord training classes; 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. Private Housing Finance Law 1002
  • HUD: shall mean the federal department of housing and urban development. See N.Y. Private Housing Finance Law 1171
  • 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 and Traffic Law 2101
  • 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 and Traffic Law 2101
  • In vitro fertilization: means the formation of a human embryo outside the human body. See N.Y. Family Court Law 581-102
  • 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. Labor Law 901

  • 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 § 1. See N.Y. Family Court Law 301.2
  • Independent escrow agent: means someone other than the parties to a surrogacy agreement and their attorneys. See N.Y. Family Court Law 581-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial 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. Labor Law 350
  • 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. Labor Law 350
  • Ingredient: shall mean all of the following:

    (a) any intentional additive present in any quantity in a vapor product;

    (b) a byproduct or contaminant, present in a vapor product in any quantity equal to or greater than one-half of one percent of the content of such product by weight, or other amount determined by the commissioner;

    (c) a byproduct present in a vapor product in any quantity less than one-half of one percent of the content of such product by weight, provided such element or compound has been published as a chemical of concern on one or more lists identified by the commissioner; and

    (d) a contaminant present in a vapor product in a quantity determined by the commissioner and less than one-half of one percent of the content of such product by weight, provided such element or compound has been published as a chemical of concern on one or more lists identified by the commissioner. See N.Y. Public Health Law 1700

  • 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. Legislative Law 34
  • Inspection: means a critical examination, observation, or evaluation of quality and code compliance of any conveyance. See N.Y. Labor Law 951
  • Installation: means to place or fix any conveyance or component in position for operation. See N.Y. Labor Law 951
  • 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. Arts and Cultural Affairs Law 10.03
  • 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. Not-For-Profit Corporation Law 551
  • Institutional fund: means a fund held by an institution. See N.Y. Not-For-Profit Corporation Law 551
  • 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. Personal Property Law 251
  • 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 and 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. Public Health Law 2780
  • Intended parent: is a n individual who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a surrogacy agreement provided he or she meets the requirements of this article. See N.Y. Family Court Law 581-102
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interbasin diversion: shall mean the transfer of water or wastewater from one New York major drainage basin to another drainage basin. See N.Y. Environmental Conservation Law 15-1502
  • 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. Criminal Procedure Law 700.05
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • interment: means the permanent disposition of human remains by inurnment, entombment or ground burial. See N.Y. Not-For-Profit Corporation Law 1502
  • Intestate: Dying without leaving a will.
  • 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 committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • 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. Legislative Law 34
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge: shall mean a judge of the family court of any county in the state. See N.Y. Domestic Relations Law 109
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • 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. Criminal Procedure Law 700.05
  • Justice: means justice as defined in subdivision four of section 700. See N.Y. Criminal Procedure Law 705.00
  • Juvenile delinquent: means a person over seven and less than seventeen years of age, and commencing October first, two thousand nineteen, a person over seven and less than eighteen years of age, who, having committed an act that would constitute a crime if committed by an adult, or (with respect to a person over sixteen and less than seventeen years of age or, a person over sixteen and less than eighteen years of age commencing October first, two thousand nineteen) a violation as defined by subdivision three of section 10. See N.Y. Family Court Law 301.2
  • 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. Labor Law 701
  • 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. Labor Law 701
  • 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. Labor Law 721
  • Last known address: shall mean the street address, post office box address or electronic mail address provided by the occupant in the occupancy agreement, or a subsequent address provided by the occupant pursuant to the occupancy agreement. See N.Y. Lien Law 182
  • 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. Criminal Procedure Law 700.05
  • Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. Domestic Relations Law 109
  • lawyer: shall mean an attorney or counselor governed by Article 15 of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. Education Law 2050
  • Lease: 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 9-A of the personal property law, or to act as a lessor as defined in such article. See N.Y. Vehicle and 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

  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lending institution: shall mean :

    a. See N.Y. Education Law 620

  • 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

  • Lessee: means any person, corporation, firm, partnership, agency, association or organization that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time. See N.Y. Vehicle and Traffic Law 239
  • 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 any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time. See N.Y. Vehicle and Traffic Law 239
  • License: means a credential duly issued by the commissioner authorizing the holder to engage a business or an occupation whose scope

    includes accessibility lift work, or elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951

  • 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. Limited Liability Company Law 1201
  • 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. Limited Liability Company Law 1301
  • 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

  • Lienholder: means a person holding a security interest in a vehicle. See N.Y. Vehicle and Traffic Law 2101
  • Limited edition: means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. See N.Y. Arts and Cultural Affairs Law 11.01
  • Limited 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. Partnership Law 121-101
  • 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 2 of the partnership law. See N.Y. Limited Liability Company Law 1006
  • 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 and Traffic Law 462
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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. Environmental Conservation Law 15-1502
  • 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. Legislative Law 1-C

  • lobbyist: shall mean every person or organization retained, employed or designated by any client to engage in lobbying. See N.Y. Legislative Law 1-C
  • Local government: means any county, city, town, village, school district, board of cooperative educational services, district corporation, public benefit corporation, public corporation, or other government created under state law that is not a state department, division, board, bureau, commission or other agency, heretofore or hereafter established by law. See N.Y. Arts and Cultural Affairs Law 57.17
  • local 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. Legislative Law 1-C
  • Local officer: shall mean and include a local officer as defined in § 2 of the public officers law and any officer of a public benefit corporation. See N.Y. Arts and Cultural Affairs Law 57.17
  • Locality: means such areas of the state described and defined for a trade or occupation in the current collective bargaining agreements between bona fide labor organizations and employers of the private sector, performing public and private work. See N.Y. Labor Law 220
  • 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. Labor Law 230
  • lost property: as used in this article includes lost or mislaid property. See N.Y. Personal Property Law 251
  • 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

  • Magazine: means any building or other structure, other than an explosives factory, used to store explosives. See N.Y. Labor Law 451
  • mail: means to deposit in the United States mail properly addressed and with postage prepaid. See N.Y. Vehicle and Traffic Law 2101
  • Maintenance: means a process of routine examination, lubrication, cleaning, and adjustment of any conveyance or components for the purpose of ensuring performance in accordance with any applicable code requirements. See N.Y. Labor Law 951
  • Majority leader: see Floor Leaders
  • Majority whip: See Whips.
  • making: includes preparation, alteration, repair or finishing, in whole or in part, or handling in any way. See N.Y. Labor Law 350
  • 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. Education Law 695-B
  • manufactured home: means a mobile home or manufactured home as defined in section one hundred twenty-two-c of this chapter. See N.Y. Vehicle and Traffic Law 311
  • Manufacturer: shall mean any person, firm, association, partnership, limited liability company, or corporation which produces, prepares, formulates, or compounds a vapor product or e-cigarette, or whose brand name is affixed to such product. See N.Y. Public Health Law 1700
  • 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 and Traffic Law 462
  • Manufacturer: means a person, company, corporation or other entity engaged in the manufacture of covered drugs sold in the state. See N.Y. Public Health Law 290
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • 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. Labor Law 860-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. Arts and Cultural Affairs Law 11.01
  • 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. Public Health Law 1399-OO
  • 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 and Traffic Law 501-A
  • 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. Private Housing Finance Law 902
  • 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. Private Housing Finance Law 1002
  • 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. Limited Liability Company Law 1001
  • Merger: means a procedure of the character described in subparagraph (a) (1). See N.Y. Not-For-Profit Corporation Law 901
  • 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. Partnership Law 121-1101
  • Midwifery birth center: means a hospital engaged principally in providing prenatal and obstetric care, where such services are provided principally by midwives. See N.Y. Public Health Law 2801
  • military court: as used in this article , means a court-martial, a court of inquiry or a provost court. See N.Y. Military Law 223
  • 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. Military Law 301
  • Minority leader: See Floor Leaders
  • Minority whip: See Whips.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobility vehicle: means a motor vehicle that is specially converted and equipped to transport a person with a disability and is altered or modified for such use by an alterer or final stage manufacturer pursuant to parts 567 and 568 of title 49 of the code of federal regulations or a modifier pursuant to part 595 of title 49 of the code of federal regulations and that:

    (i) has a chassis that contains: (A) a permanently lowered floor or permanently lowered frame; or (B) a permanently raised roof and raised door; and

    (ii) contains at least one of the following: (A) an electronic or mechanical wheelchair, scooter, or platform lift that enables a person to enter or exit the vehicle while occupying a wheelchair or scooter; (B) an electronic or mechanical wheelchair ramp that is installed as an integral part or permanent attachment to the motor vehicle. See N.Y. Vehicle and Traffic Law 415

  • modifier: shall mean any motor vehicle repair business that modifies a motor vehicle to enable a person with a disability to operate, or ride as a passenger in, the motor vehicle. See N.Y. Vehicle and Traffic Law 415
  • monuments: means a memorial erected in a cemetery on a lot, plot or part thereof, except private mausoleums. See N.Y. Not-For-Profit Corporation Law 1502
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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. Public Health Law 1399-J
  • mother: refers to the mother of a child born out of wedlock. See N.Y. Family Court Law 512
  • 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 and 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 and 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 and Traffic Law 415
  • 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 § 2 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 and Traffic Law 462
  • 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 47 of the vehicle and traffic law. See N.Y. Penal Law 150.00
  • 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 and Traffic Law 398-B

  • multiples: means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01
  • Municipal: means a city, town, county, village, school district or special district as defined by § 102 of the real property tax law. See N.Y. Public Buildings Law 50
  • 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 § 66 of the general construction law. See N.Y. Legislative Law 1-C
  • 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. Legislative Law 1-C

  • Municipality: shall mean the city, town or village in which a community development corporation conducts or proposes to conduct its activities. See N.Y. Private Housing Finance Law 252
  • Municipality: shall mean any city, town or village within the state. See N.Y. Private Housing Finance Law 902
  • Municipality: shall mean any unit of local government within the state with a population of more than twenty thousand persons. See N.Y. Private Housing Finance Law 921
  • 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. Private Housing Finance Law 102
  • NAHA: shall mean the national affordable housing act, 42 U. See N.Y. Private Housing Finance Law 1171
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Register: means the national register of historic places authorized by the National Historic Preservation Act of 1966. See N.Y. Public Buildings Law 61
  • 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, in the case of an alleged failure of the respondent to provide education to the child, notwithstanding the efforts of the school district or local educational agency and child protective agency to ameliorate such alleged failure prior to the filing of the petition; 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 § 384-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; to administer landlord training classes; 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. Private Housing Finance Law 902

  • 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. Private Housing Finance Law 902
  • net worth: shall mean the amount by which total assets including income exceed total liabilities including fixed financial obligations. See N.Y. Family Court Law 424-A
  • New entrant: shall mean any teacher who is a member of the retirement system except a present teacher. See N.Y. Education Law 501
  • 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 and 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 and 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 and Traffic Law 415
  • Nicotine water: means bottled water that is laced with nicotine. See N.Y. Public Health Law 1399-AA
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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. Labor Law 701
  • 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. Private Housing Finance Law 801
  • 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. Education Law 561
  • Nonqualified withdrawal: shall mean a withdrawal from an account but shall not mean:

    a. See N.Y. Education Law 695-B

  • 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. Not-For-Profit Corporation Law 1502
  • Notice: means information given by an institution as required by this article. See N.Y. Not-For-Profit Corporation Law 551
  • 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 articles ten, twenty-four, twenty-nine and thirty of this chapter, 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 to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of 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; or to stop for a school bus displaying a red visual

    signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter. See N.Y. Vehicle and Traffic Law 239

  • 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. Public Health Law 2801
  • 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. Personal Property Law 285
  • Occupancy agreement: means any written agreement, electronic or printed, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-storage facility and any one or more individual storage spaces therein. See N.Y. Lien Law 182
  • 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. Private Housing Finance Law 401
  • Occupant: means a person, entitled to the use of the storage space at a self-storage facility under a written occupancy agreement or his successor or assignee, to the exclusion of others including the owner except as provided in this section or the occupancy agreement. See N.Y. Lien Law 182
  • Occupation: means an industry, trade, business or class of work in which employees are gainfully employed. See N.Y. Labor Law 651
  • Occupational license: means a license that authorizes the holder to engage in accessibility lift work, or elevator and conveyance work or elevator and conveyance inspections. See N.Y. Labor Law 951
  • 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. Legislative Law 1-C
  • Office: shall mean the office of general services. See N.Y. Public Buildings Law 81
  • 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. Public Health Law 1392
  • 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. Public Health Law 1399-J
  • officer: as used in this article , means a commissioned officer, a commissioned warrant officer or a warrant officer. See N.Y. Military Law 223
  • 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. Labor Law 721
  • On consignment: means that no title to, estate in, or right to possession of, the work of fine art or multiple that is superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer or convey all the right, title and interest of the consignor, in and to such work, to a third person. See N.Y. Arts and Cultural Affairs Law 11.01
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • 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 and Traffic Law 2401
  • 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 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 and Traffic Law 2401
  • Operation date: means the date determined by the Triborough bridge and tunnel authority, which shall not be earlier than December thirty-first, two thousand twenty, for the beginning of the operation and enforcement of the central business district tolling program. See N.Y. Vehicle and Traffic Law 1703
  • 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 and Traffic Law 239
  • Operator: means every person who operates or is in actual physical control of an ATV. See N.Y. Vehicle and Traffic Law 2401
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • order: is a direction to pay and must be more than an

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

  • organization: shall mean any corporation, company, foundation, association, college as defined by § 2 of the education law, labor organization, firm, partnership, society, joint stock company, state agency or public corporation. See N.Y. Legislative Law 1-C
  • 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. Partnership Law 121-101
  • Out-patient lodge: means a facility affiliated with an institution providing hospital service, which provides therein food and overnight lodging to the chronically ill undergoing out-patient treatment for cancer at such institution. See N.Y. Public Health Law 2801
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such owner be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in § 107 of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation. See N.Y. New York City Administrative Code 27-2004
  • Owner: means a person, partnership or corporation which operates a self-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. Lien Law 182
  • 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 and Traffic Law 239

  • 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. Personal Property Law 251
  • 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. Private Housing Finance Law 401
  • 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. Private Housing Finance Law 801
  • Owner: means a person, other than a lienholder, having the property in or title to a vehicle. See N.Y. Vehicle and Traffic Law 2101
  • Owner: means any person having a title to an ATV. See N.Y. Vehicle and Traffic Law 2401
  • 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. Not-For-Profit Corporation Law 1502
  • 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 the birth or adoptive parent, the guardian, or person otherwise authorized to make a contract of enrollment for a child. See N.Y. Public Health Law 1400
  • 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. Education Law 561
  • 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. Education Law 2590-A
  • Parent: as used in this article means an individual with a parent-child relationship created or recognized under this act or other law. See N.Y. Family Court Law 581-102
  • Parent company: shall mean an entity that directly controls the contractor or subcontractor. See N.Y. Labor Law 230
  • Parent company: means an entity that directly, or indirectly through one or more intermediaries, controls the asbestos contractor. See N.Y. Labor Law 901
  • 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
  • Participant: is a n individual who either: provides a gamete that is used in assisted reproduction, is an intended parent, is a person acting as surrogate, or is the spouse of an intended parent or person acting as surrogate. See N.Y. Family Court Law 581-102
  • Partner: means a limited or general partner. See N.Y. Partnership Law 121-101
  • 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. Partnership Law 121-101
  • 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. Partnership Law 121-101
  • 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 and Traffic Law 1691
  • Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See N.Y. Criminal Procedure Law 705.00
  • Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. Education Law 501
  • 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. Education Law 501
  • 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
  • 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
  • permanently neglected child: shall mean permanently neglected child as defined in subdivision seven of § 384-b of the social services law, and unless the context requires otherwise, the provisions of such section three hundred eighty-four-b shall be deemed applicable requirements in addition to the procedures contained in this part. See N.Y. Family Court Law 611
  • person: shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten percent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such person be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in § 107 of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation. See N.Y. New York City Administrative Code 27-2004
  • Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Public Health Law 1399-AA
  • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Public Health Law 1399-OO
  • 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. Labor Law 220
  • 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. Military Law 301
  • Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or state or local government agency. See N.Y. Public Health Law 2780
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity. See N.Y. Not-For-Profit Corporation Law 551
  • Person: includes a corporation, a copartnership or a joint stock association. See N.Y. Labor Law 350
  • Person: includes any natural person, partnership, association or corporation. See N.Y. Labor Law 451
  • 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. Partnership Law 121-101
  • Person: means any natural person, firm, corporation, partnership, limited liability company, entity, joint venture, association or organization. See N.Y. Vehicle and Traffic Law 415
  • person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See N.Y. Labor Law 701
  • 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. Environmental Conservation Law 15-1502
  • Person: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle and Traffic Law 2101
  • Person: means any individual or entity. See N.Y. Penal Law 187.00
  • Person: means any natural person. See N.Y. Labor Law 901
  • 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. Labor Law 916
  • Person: means any natural person. See N.Y. Labor Law 951
  • Person acting as surrogate: means an adult person, not an intended parent, who enters into a surrogacy agreement to bear a child who will be the legal child of the intended parent or parents so long as the person acting as surrogate has not provided the egg used to conceive the resulting child. See N.Y. Family Court Law 581-102
  • 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
  • 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. Personal Property Law 426

  • Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See N.Y. Lien Law 182
  • Personnel and material hoists: means rack and pinion hoists, alimaks, and machines of a similar nature used for the hoisting of construction material, equipment and personnel, or the removal of debris, all during the construction, renovation, and/or demolition phase of any construction project whether an inside or outside hoist. See N.Y. Labor Law 951
  • 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. Private Housing Finance Law 1002
  • 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. Private Housing Finance Law 1221
  • 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. Private Housing Finance Law 401
  • 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. Public Health Law 1602
  • 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 § 750-a of the general business law. See N.Y. Not-For-Profit Corporation Law 1502

  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • 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. Legislative Law 34
  • Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. Domestic Relations Law 77
  • Petroleum products: shall include all products refined or rerefined from synthetic or crude oil or oil extracted from other sources, including natural gas liquids. See N.Y. Labor Law 230
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • 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. Public Buildings Law 50

  • 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 and Traffic Law 415
  • Place of business: shall mean the main or permanent branch office or local address of the seller. See N.Y. Personal Property Law 426
  • plan: shall mean agency, urban renewal area and urban renewal plan, respectively, as defined in Article 15 of the general municipal law. See N.Y. Private Housing Finance Law 252
  • 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. Labor Law 860-A
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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 and Traffic Law 2101
  • policies of this article: means the policies set forth in section seven hundred. See N.Y. Labor Law 701
  • 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. Environmental Conservation Law 15-1502
  • 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
  • Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. Source: OCC
  • 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. Education Law 620
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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. Education Law 501

  • 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. Public Health Law 901
  • President: shall mean the president of the New York state higher education services corporation. See N.Y. Education Law 601
  • President: shall mean the president of the corporation. See N.Y. Education Law 651
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Price reduction instrument: means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price. See N.Y. Public Health Law 1399-AA
  • 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. Public Health Law 901
  • 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. Public Health Law 901
  • 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. Public Health Law 901
  • 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. Public Health Law 901
  • Primary filing: means the initial filing of registration plate numbers by a lessor prior to the commencement of each fiscal year. See N.Y. Vehicle and Traffic Law 239
  • Private club: means an organization with no more than an insignificant portion of its membership comprised of people under the age of twenty-one years that regularly receives dues and/or payments from its members for the use of space, facilities and services. See N.Y. Public Health Law 1399-AA
  • 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. Private Housing Finance Law 801

  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Private residence: means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single family unit. See N.Y. Labor Law 951
  • Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. Domestic Relations Law 109
  • 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. Private Housing Finance Law 401
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • 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. Partnership Law 121-101
  • 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. Legislative Law 1-C
  • 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. Labor Law 340

  • 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. Limited Liability Company Law 1201
  • 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. Limited Liability Company Law 1301
  • 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. Labor Law 916

  • Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Labor Law 916
  • 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. Limited Liability Company Law 1201
  • 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. Limited Liability Company Law 1301

  • 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. Limited Liability Company Law 1201
  • 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. Limited Liability Company Law 1301
  • Professional service corporation: means (i) a corporation organized under Article 15 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. Limited Liability Company Law 1201
  • Professional service corporation: means (i) a corporation organized under Article 15 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. Limited Liability Company Law 1301
  • Professional service limited liability company: means a limited liability company organized under this article. See N.Y. Limited Liability Company Law 1201
  • Professional service limited liability company: means a limited liability company organized under article twelve of this chapter. See N.Y. Limited Liability Company Law 1301
  • Program: shall mean the New York state college choice tuition savings program established pursuant to this article. See N.Y. Education Law 695-B
  • 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. Labor Law 885
  • 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. Private Housing Finance Law 1221
  • Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Education Law 695-B
  • Program year: shall mean the calendar year. See N.Y. Navigation Law 79-A
  • 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. Private Housing Finance Law 1201
  • programs: shall mean a series of activities by an eligible applicant to administer funds to provide grants to homeowners and renters and to oversee the adaptation or retrofitting of eligible properties. See N.Y. Private Housing Finance Law 1271
  • 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. Private Housing Finance Law 252
  • 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. Education Law 2590-A
  • 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. Private Housing Finance Law 921
  • 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 and 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. Arts and Cultural Affairs Law 11.01
  • 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: 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. Personal Property Law 251
  • Prospective employee: means an individual seeking or being sought for employment with an employer. See N.Y. Labor Law 733
  • 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. Public Health Law 2780
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • 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. Labor Law 733
  • 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. Labor Law 230
  • 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. Public Buildings Law 50
  • public corporation: shall mean a municipal corporation, a district corporation, or a public benefit corporation as defined in § 66 of the general construction law. See N.Y. Legislative Law 1-C
  • 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. New York State Printing and Public Documents Law 10
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public 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. Legislative Law 1-C

  • 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. Environmental Conservation Law 15-1502

  • Publisher: means any publishing house, publishing firm, or publishing company that publishes textbooks and supplemental materials. See N.Y. Education Law 720
  • 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. Education Law 561
  • 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. Personal Property Law 426
  • 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. Labor Law 451
  • 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. Private Housing Finance Law 1052
  • Qualified dealer: means a dealer, other than a new motor vehicle dealer or a dealer owned in whole or in part, directly or indirectly, by a manufacturer, who:

    (i) acting through a single person, but operating at one or more locations of such single person, has displayed new motor vehicles for sale and/or lease, and has sold and/or leased (excluding sales or leases of any affiliates) a minimum of four thousand new and/or used motor vehicles annually (of which at least forty percent annually were new motor vehicles) at retail regardless of make or model from any one or more locations of such single person within the state, in each year from nineteen hundred ninety-five through and including nineteen hundred ninety-eight, exclusively; or

    (ii) has displayed new motor vehicles for sale and/or lease, and has sold and/or leased (excluding sales or leases of any affiliates) a minimum of two hundred twenty-five new and/or used motor vehicles (of which at least thirty-three and one-third percent were new motor vehicles) at retail, regardless of make or model, from any one or more locations within the state, in the twelve-month period preceding August thirty-first, nineteen hundred ninety-nine; or

    (iii) was issued an original certificate of registration as a dealer with a validation date of May, nineteen hundred ninety-nine, has displayed new motor vehicles for sale and/or lease, and has sold and/or leased (excluding sales or leases of any affiliates) a minimum of one hundred fifty new and/or used motor vehicles (of which at least fifty were new motor vehicles), regardless of make or model, from any one or more locations within the state, in the period between July first, nineteen hundred ninety-nine and the effective date of chapter seven of the laws of two thousand. See N.Y. Vehicle and Traffic Law 415

  • 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. Education Law 695-B
  • 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. Education Law 695-B
  • Quorum: The number of legislators that must be present to do business.
  • railway: means any railroad that carries passengers or freight for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant. See N.Y. Labor Law 451
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • 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. Legislative Law 34
  • Recess: A temporary interruption of the legislative business.
  • Record: means any book, paper, map, photograph, or other information-recording device, regardless of physical form or characteristic, that is made, produced, executed, or received by any local government or officer thereof pursuant to law or in connection with the transaction of public business. See N.Y. Arts and Cultural Affairs Law 57.17
  • 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. Not-For-Profit Corporation Law 551
  • Record: means information inscribed in a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form. See N.Y. Family Court Law 581-102
  • Recording group: means any vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which such member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See N.Y. Arts and Cultural Affairs Law 34.03
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recruitment and training programs: means programs designed to recruit and train staff or volunteers in a rape crisis intervention and prevention program as well as training or education to other agencies participating in a community support system. See N.Y. Public Health Law 695-A
  • Referral: means referral to and assistance with medical services and services of criminal justice agencies, mental health agencies, or other entities providing related services. See N.Y. Public Health Law 695-A
  • 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. Private Housing Finance Law 1002
  • registered voter: shall mean an elector of the city of New York under the election law. See N.Y. Education Law 2590-A
  • Regular school year: means all of the months of the calendar year exclusive of July and August. See N.Y. Education Law 561
  • 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 § 309 of the multiple dwelling law, or other rehabilitation or improvement of existing multiple dwellings. See N.Y. Private Housing Finance Law 801
  • 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
  • Released claims: means released claims as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
  • Releasing parties: means releasing parties as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
  • 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 and 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. Not-For-Profit Corporation Law 1502
  • 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. Labor Law 860-A
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Repackager: means an entity that owns or operates an establishment that repacks and relabels a product or package containing a covered drug for further sale or for distribution without further transaction. See N.Y. Public Health Law 290
  • Repair: means reconditioning or renewal of any elevator or conveyance or component necessary to keep such equipment in compliance with applicable code requirements. See N.Y. Labor Law 951
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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. Labor Law 860-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. Banking Law 221-B
  • representatives: includes a labor organization or an individual whether or not employed by the employer of those whom he represents. See N.Y. Labor Law 701
  • Reproduction: means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist. See N.Y. Arts and Cultural Affairs Law 11.01
  • Reproduction right: means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art. See N.Y. Arts and Cultural Affairs Law 11.01
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential health care facility: means a nursing home or a facility providing health-related service. See N.Y. Public Health Law 2801
  • Residential real property: means real property improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, 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. See N.Y. Penal Law 187.00
  • Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. Domestic Relations Law 77
  • Respondent: means the person against whom a juvenile delinquency petition is filed pursuant to section 310. See N.Y. Family Court Law 301.2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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. Legislative Law 1-C
  • Restrictive placement: means a placement pursuant to section 353. See N.Y. Family Court Law 301.2
  • Retail dealer: means a person licensed by the commissioner of taxation and finance to sell cigarettes, tobacco products, or vapor products in this state. See N.Y. Public Health Law 1399-AA
  • 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. Labor Law 340
  • Retention period: means the minimum length of time that must elapse before a record is eligible for disposition. See N.Y. Arts and Cultural Affairs Law 57.17
  • Retirement allowance: shall mean the pension plus the annuity. See N.Y. Education Law 501
  • Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. Education Law 501
  • 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. Education Law 501
  • Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. Education Law 501
  • Retrieval: means the procurement of eggs or sperm from a gamete provider. See N.Y. Family Court Law 581-102
  • revenue contract: shall mean any written agreement between a state or municipal agency or a local legislative body and an offerer whereby the state or municipal agency or local legislative body gives or grants a concession or a franchise. See N.Y. Legislative Law 1-C
  • 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. Education Law 620
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Rural area of the state: shall mean cities, towns and villages having a population of less than twenty-five thousand. See N.Y. Private Housing Finance Law 1002
  • 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. Education Law 1980
  • Sculpture: means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01
  • Secondary party: means a drawer or endorser. See N.Y. Uniform Commercial Code 3-102
  • 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
  • Security agreement: means a written agreement which reserves or creates a security interest. See N.Y. Vehicle and 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 and Traffic Law 2101
  • 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 and Traffic Law 311
  • Self-storage facility: means any real property or a portion thereof that is designed and used for the purpose of occupying storage space by occupants who are to have access thereto for the purpose of storing and removing personal property. See N.Y. Lien Law 182
  • 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. Personal Property Law 426
  • 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. Education Law 501
  • 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. Labor Law 230
  • 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. Public Health Law 1399-AA
  • 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. Public Health Law 1400
  • Signed: means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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 and Traffic Law 2401
  • 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 and Traffic Law 2101
  • 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 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
  • Spouse: means an individual married to another, or who has a legal relationship entered into under the laws of the United States or of any state, local or foreign jurisdiction, which is substantially equivalent to a marriage, including a civil union or domestic partnership. See N.Y. Family Court Law 581-102
  • standard wage rate: means the greater of:

    (a) any minimum wage rate that would be otherwise applicable to covered airport workers established by article nineteen of this chapter; or

    (b) any otherwise applicable minimum wage rate established through a policy of the Port Authority of New York and New Jersey. See N.Y. Labor Law 696-A

  • 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 and Traffic Law 311
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See N.Y. Partnership Law 121-101
  • 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 and Traffic Law 2101
  • 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. Public Buildings Law 50
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See N.Y. Family Court Law 581-102
  • 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. Legislative Law 1-C
  • 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. New York State Printing and Public Documents Law 10
  • 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. Public Buildings Law 61
  • State aid: shall mean payments by the state to an eligible governmental entity in accordance with the provisions of this article. See N.Y. Navigation Law 79-A
  • 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. Private Housing Finance Law 801
  • State register: means the state register of historic places established pursuant to section 14. See N.Y. Public Buildings Law 61
  • 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: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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. Labor Law 230
  • Subsidiary: when used in this article, means (a) any company ten per centum or more of whose voting stock is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled, or held with power to vote, by a bank holding company; or (b) any company the election of a majority of whose directors is controlled in any manner by a bank holding company; or (c) any company ten per centum or more of whose voting stock is directly or indirectly owned, controlled, or held with power to vote, by a trustee or trustees for the benefit of the stockholders or members of a bank holding company; or (d) any company at least ten per centum of the voting stock of which is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled or held with power to vote by a combination of a bank holding company and by a trustee or trustees for the benefit of the stockholders or members of such bank holding company. See N.Y. Banking Law 141
  • subsidiary: when used in this article, shall each have the same meaning specified in section one hundred forty-one of this chapter. See N.Y. Banking Law 150
  • Subsidiary: means an entity that is controlled directly, or indirectly through one or more intermediaries, by an asbestos contractor or by the asbestos contractor's parent company. See N.Y. Labor Law 901
  • Subsidiary trust company: when used in this article, means a trust company which is subject to the provisions of this article. See N.Y. Banking Law 150
  • 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. Public Buildings Law 81
  • 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. Labor Law 901
  • 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. Labor Law 230
  • Successor: means 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. Labor Law 951
  • 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. Labor Law 230
  • Successor: means 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. Labor Law 901
  • Successor in interest: shall mean a "personal representative" "testamentary beneficiary" trustee or beneficiary of a "lifetime trust" or an "heir" (including heirs who acquire the work of fine art, craft or print from the artist or craftsperson or from another heir or beneficiary of the artist or craftsperson), which terms shall have the same meanings as set forth in the estates, powers and trusts law. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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
  • 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. Public Health Law 1392
  • superintendent: shall mean the superintendent of financial services of this state. See N.Y. Vehicle and Traffic Law 311
  • 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. Education Law 720
  • 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. Labor Law 230
  • 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

  • Surrogacy agreement: is a n agreement between at least one intended parent and a person acting as surrogate intended to result in a live birth where the child will be the legal child of the intended parents. See N.Y. Family Court Law 581-102
  • Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. Domestic Relations Law 109
  • Surviving corporation: means the constituent corporation into which one or more other constituent corporations are merged. See N.Y. Not-For-Profit Corporation Law 901
  • 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. Public Health Law 460
  • Tattoo studio: shall mean any premises in which the tattooist conducts such practice. See N.Y. Public Health Law 460
  • Tattooist: shall mean any person who applies a tattoo to the body of any other person. See N.Y. Public Health Law 460
  • tax credit: means any of the following tax credits allowed under the tax law: recovery tax credit, tax-free New York area tax elimination credit, minimum wage reimbursement credit, empire state jobs retention program credit, economic transformation and facility redevelopment program tax credit, excelsior jobs program credit, employee training incentive program tax credit, empire state apprenticeship program tax credit, and employment incentive tax credit. See N.Y. Labor Law 770
  • Taxable income: means the amount of combined net taxable income, if any, of both parents computed in accordance with the provisions of § 611 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 § 612 of the tax law, for the year for which a tuition reimbursement payment is sought. See N.Y. Education Law 561
  • 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

  • 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. Education Law 501

  • Temporary help firm: means a business which recruits and hires its own employees, and assigns those employees to perform work at or services for other organizations, to support or supplement the other organization's workforce, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects. See N.Y. Labor Law 916
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • 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. Not-For-Profit Corporation Law 1502
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testing: means a process or trial of operation of any conveyance. See N.Y. Labor Law 951
  • 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. Education Law 720
  • 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
  • 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. Environmental Conservation Law 15-1502
  • 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 and 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 and 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 and 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. Public Health Law 1399-AA
  • 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. Public Health Law 1399-OO

  • Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Public Health Law 1399-AA
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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. Labor Law 875
  • transfer: includes sale, assignment, conveyance, deed and gift, and the term "agreement" includes promise and undertaking. See N.Y. Personal Property Law 30
  • Transfer: means the placement of an embryo or gametes into the body of a person with the intent to achieve pregnancy and live birth. See N.Y. Family Court Law 581-102
  • transient dwellings: shall mean and include hotels, lodging houses, boarding and nursery schools, sorority houses, fraternity houses, college and school dormitories, convalescent, old age and nursing homes, and dwellings used for single room occupancy. See N.Y. Multiple Residence Law 50
  • Transportation company: as used in this article means the person carrying on a business of operating a transportation facility. See N.Y. Personal Property Law 251
  • 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. Personal Property Law 251
  • Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See N.Y. Criminal Procedure Law 705.00
  • 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. Public Health Law 2741
  • 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. Public Health Law 1392
  • Triborough bridge and tunnel authority: means the corporation organized pursuant to § 552 of the public authorities law as consolidated pursuant to section five hundred fifty-two-a of the public authorities law or any successor corporation or corporation into which it may be consolidated. See N.Y. Vehicle and Traffic Law 1703
  • 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 and Traffic Law 1691

  • Trust: shall mean the trust created by section 54. See N.Y. Arts and Cultural Affairs Law 54.03
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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. Personal Property Law 285
  • Trust office: when used in this article with respect to a subsidiary trust company, means an office of the subsidiary trust company maintained for the purpose of conducting its business. See N.Y. Banking Law 150
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • 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. Education Law 561
  • Tuition savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Education Law 695-B
  • under this part: shall be deemed references to petitions and proceedings initiated under § 384-b of the social services law upon the ground that the child is a permanently neglected child. See N.Y. Family Court Law 611
  • 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. Public Health Law 901
  • unencumbered: as used in this article , shall have the same meaning as in paragraph six of subsection (a) of § 1404 of the insurance law. See N.Y. Private Housing Finance Law 302
  • unfair labor practice: means only those unfair labor practices listed in section seven hundred four. See N.Y. Labor Law 701
  • Unmerged company: shall mean a neighborhood preservation company that is not a merged company. See N.Y. Private Housing Finance Law 902
  • Unmerged corporation: shall mean a not-for-profit corporation that is not a merged corporation. See N.Y. Private Housing Finance Law 1002
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • 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. Private Housing Finance Law 801
  • Vapor products: means any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel. See N.Y. Public Health Law 1399-AA
  • Vapor products dealer: means a person licensed by the commissioner of taxation and finance to sell vapor products in this state. See N.Y. Public Health Law 1399-AA
  • Vapor products: shall mean any vapor product, as defined by section thirteen hundred ninety-nine-aa of this chapter, intended or reasonably expected to be used with or for the consumption of nicotine. See N.Y. Public Health Law 1700
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter. See N.Y. Vehicle and 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 and Traffic Law 2101
  • Verified mail: shall mean any method of mailing that is offered by the United States Postal Service or a private delivery service that provides evidence of mailing including, but not limited to, a first class mailing with certificate of mailing. See N.Y. Lien Law 182
  • Veteran: shall mean a resident of this state who (a) has served in the United States army, navy, marine corps, air force or coast guard or (b) has served on active duty or ordered to active duty as defined in 10 USC 101 (d)(1) as a member of the national guard or other reserve component of the armed forces of the United States or (c) has served on active duty or ordered to active duty for the state, as a member of the state organized militia as defined in subdivision nine of section one of the military law, and has been released from such service documented by an honorable or general discharge, or has a qualifying condition, as defined in § 350 of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in § 350 of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. See N.Y. Private Housing Finance Law 1271
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • 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. Criminal Procedure Law 700.05
  • Video surveillance warrant: means an order of a justice authorizing or approving video surveillance. See N.Y. Criminal Procedure Law 700.05
  • Wage: includes : (a) basic hourly cash rate of pay; and (b) supplements. See N.Y. Labor Law 230
  • 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. Labor Law 651
  • 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. Labor Law 671
  • wage board: means a board created as provided in this article. See N.Y. Labor Law 651
  • Warehouse: means a person engaged in the business of storing goods for hire. See N.Y. Uniform Commercial Code 7-102
  • Water well: shall mean any groundwater excavation for the purpose of obtaining water. See N.Y. Environmental Conservation Law 15-1502
  • 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. Environmental Conservation Law 15-1502
  • 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. Environmental Conservation Law 15-1502
  • Wholesaler: means any person, company, corporation or other entity that sells or distributes drugs and covered drugs for resale to an entity in the state other than a consumer. See N.Y. Public Health Law 290
  • widely attended event: shall mean an event: (A) which at least twenty-five individuals other than members, officers, or employees from the governmental entity in which the public official serves attend or were, in good faith, invited to attend, and (B) which is related to the attendee's duties or responsibilities or which allows the public official to perform a ceremonial function appropriate to his or her position. See N.Y. Legislative Law 1-C
  • withdrawal of water: shall mean the removal or taking of water for any purpose from the waters of the state. See N.Y. Environmental Conservation Law 15-1502
  • 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

  • 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. Labor Law 875
  • Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Labor Law 916
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Written instrument: means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant. See N.Y. Arts and Cultural Affairs Law 11.01
  • 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