Article 31 School Districts
Article 32 Filing of Expenditure Statements by Candidates for Membership On Board of Education
Article 33 Common School Districts
Article 35 Union Free School Districts
Article 37 Central School Districts
Article 39 Central High School Districts
Article 40 Boards of Cooperative Educational Services
Article 40-A Shared Personnel
Article 41 District Meetings
Article 43 School District Officers–Town and County Officials
Article 45 Supervisory Districts
Article 51 City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants
Article 52 City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More
Article 52-A New York City Community School District System
Article 53 School Elections in City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants
Article 55 Regulation by Boards of Education of Conduct On School District Property
Article 56 Charter Schools

Terms Used In New York Laws > Education > Title 2

  • Academic year: shall mean the regular school year beginning July first and ending June thirtieth. See N.Y. New York City Administrative Code 27-881
  • Access: means to instruct, communicate with, store data in, retrieve from, or otherwise make use of any resources of a computer, physically, directly or by electronic means. See N.Y. Penal Law 156.00
  • Account: means any account with a bank and includes a

    checking, time, interest or savings account;

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

    midnight;

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

    open to the public for carrying on substantially all of its

    banking functions;

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

    payors regularly clearing items;

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

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

    bank carrying an account with another bank;

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

    draft with accompanying documents, securities or other papers

    to be delivered against honor of the draft;

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

    though it is not negotiable but does not include money;

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

    next banking day following the banking day on which it

    receives the relevant item or notice or from which the time

    for taking action commences to run, whichever is later;

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

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

    check;

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

    payment at the time of decision to pay or dishonor;

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

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

    certified check;

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

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

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

  • Account owner: shall mean a taxpayer who enters into a first home savings agreement pursuant to the provisions of this article, including a person who enters into such an agreement as a fiduciary or agent on behalf of a trust, estate, partnership, association, company or corporation. See N.Y. Family Court Law 713
  • Account owner: shall mean a person who enters into a tuition savings agreement pursuant to the provisions of this article, including a person who enters into such an agreement as a fiduciary or agent on behalf of a trust, estate, partnership, association, company or corporation. See N.Y. Penal Law 70.02
  • Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. New York City Administrative Code 27-2117
  • ACO: means an organization of clinically integrated health care providers certified by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
  • 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.
  • Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement. See N.Y. Family Court Law 1036
  • Adopter: means any faculty member or academic department at institutions of higher learning responsible for considering and choosing textbooks and/or supplemental materials to be utilized in connection with the accredited courses taught at institutions of higher education. See N.Y. Penal Law 70.45
  • adoptor: shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. See N.Y. New York City Administrative Code 27-943
  • Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. New York City Administrative Code 7-501
  • Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. New York City Administrative Code 7-606
  • Adult: means any person who is eighteen years of age or older or has married. See N.Y. New York City Administrative Code 7-626
  • Advanced life support first response service: means an organization which provides advanced life support care, but does not transport patients. See N.Y. New York City Administrative Code 8-205
  • Advanced emergency medical technician: means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of this article. See N.Y. New York City Administrative Code 8-205
  • Advanced life support care: means definitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system. See N.Y. New York City Administrative Code 8-205
  • Advanced life support system: means an organized acute medical care system to provide advanced life support care on site or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • After-care: shall mean any assistance provided by a caregiver to a patient under this article after the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See N.Y. New York City Administrative Code 8-116
  • Agency: shall mean the office or agency of a municipality authorized to administer the expenditure of grants from the United States of America to assist community development activities and programs for the construction, rehabilitation or conservation of multiple dwellings and housing accommodations or for the conversion of under-utilized non-residential property into multiple dwellings or, in the absence of such an office or agency, the comptroller or chief fiscal officer of such municipality; except that in the city of New York it shall be the department of housing preservation and development or any successor thereto and shall include, except for purposes of section eight hundred four of this article, the New York city housing development corporation with respect to any participation in a loan by such corporation pursuant to section eight hundred five of this article. See N.Y. Family Court Law 580-105
  • Agency: shall mean a state department, state agency, or state public authority. See N.Y. Family Court Law 773
  • agency: shall mean any officer, board, commission, department, or other agency of the municipality, or the authority or any other public authority, designated by the local legislative body to carry out the functions vested in the agency under this article or delegated to the agency by the local legislative body in order to carry out the purposes and provisions of this article. See N.Y. Family Court Law 427
  • agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. New York City Administrative Code 7-606
  • Aggravated circumstances: means where a child has been either severely or repeatedly abused, as defined in subdivision eight of section three hundred eighty-four-b of the social services law; or where a child has subsequently been found to be an abused child, as defined in paragraph (i) or (iii) of subdivision (e) of this section, within five years after return home following placement in foster care as a result of being found to be a neglected child, as defined in subdivision (f) of this section, provided that the respondent or respondents in each of the foregoing proceedings was the same; or where the court finds by clear and convincing evidence that the parent of a child in foster care has refused and has failed completely, over a period of at least six months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect if returned to the parent, and has failed to secure services on his or her own or otherwise adequately prepare for the return home and, after being informed by the court that such an admission could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services independently or otherwise prepare for the child's return home; provided, however, that if the court finds that adequate justification exists for the failure to engage in or secure such services, including but not limited to a lack of child care, a lack of transportation, and an inability to attend services that conflict with the parent's work schedule, such failure shall not constitute an aggravated circumstance; or where a court has determined a child five days old or younger was

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

  • agricultural producer: shall mean a person or entity which owns or operates land eligible for an agricultural assessment pursuant to section three hundred five or section three hundred six of the agriculture and markets law and which produces food by the tillage of the soil, or raises, sheers, feeds or manages animals or other dairying processes. See N.Y. Family Court Law 471
  • AIDS: means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service. See N.Y. New York City Administrative Code 3-406
  • AIDS home care program: means a coordinated plan of care and services provided at home to persons who are medically eligible for placement in a hospital or residential health care facility and who (a) are diagnosed by a physician as having acquired immune deficiency syndrome (AIDS), or (b) are deemed by a physician, within his judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who has an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection. See N.Y. New York City Administrative Code 9-117
  • Allegation: something that someone says happened.
  • Ambulance service: means an individual, partnership, association, corporation, municipality or any legal or public entity or subdivision thereof engaged in providing emergency medical care and the transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-205
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. New York City Administrative Code 27-2117
  • Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. New York City Administrative Code 27-2117
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: shall mean any entity eligible to receive grants or loans under the HOME program. See N.Y. Family Court Law 651
  • applicant: includes that person designated to act for him and perform his official function in and during his actual absence or disability. See N.Y. New York City Administrative Code 27-687
  • Applicant: means 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. New York City Administrative Code 27-701
  • Appraisal: A determination of property value.
  • Appropriate institution: means : (a) a hospital operated by the office of mental health or a developmental center operated by the office for people with developmental disabilities; or (b) a hospital licensed by the department of health which operates a psychiatric unit licensed by the office of mental health, as determined by the commissioner provided, however, that any such hospital that is not operated by the state shall qualify as an "appropriate institution" only pursuant to the terms of an agreement between the commissioner and the hospital. See N.Y. New York City Administrative Code 27-740
  • approved program: means a program for the education of physician assistants which has been formally approved by the education department. See N.Y. New York City Administrative Code 9-150
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attending nurse practitioner: means the nurse practitioner selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-501
  • Attending nurse practitioner: means a nurse practitioner, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
  • Attending physician: means the physician selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-501
  • Attending physician: means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-606
  • Attending physician: means a physician, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. New York City Administrative Code 7-626
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 & Traffic Law 2401
  • Authority: shall mean the New York state energy research and development authority. See N.Y. Family Court Law 773
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. New York City Administrative Code 27-943
  • Authorized agency: means any agency defined by section three hundred seventy-one of the social services law and, for the purposes of this article, shall include such corporations incorporated or organized under the laws of the state as may be specifically authorized by their certificates of incorporation to receive children for the purposes of adoption or foster care. See N.Y. New York City Administrative Code 3-406
  • Authorized emergency ATV: shall mean an ATV designated as such in writing by the chief executive officer of any duly organized volunteer ambulance company, fire department, or paid fire department, operated by a member thereof and equipped with emergency lights as provided in section twenty-four hundred six of this article. See N.Y. Vehicle & Traffic Law 2401
  • Authorized expenditures: shall mean those expenditures determined by the commissioner to be reasonable and necessary for the adequate and proper enforcement of the provisions of this chapter, and for implementing an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or a boating noise level enforcement program. See N.Y. Vehicle & Traffic Law 391
  • authorizing agent: shall mean the person with the right to control the disposition of the decedent pursuant to section forty-two hundred one of the public health law. See N.Y. Vehicle & Traffic Law 1130
  • Autographed: means bearing the actual signature of a sports personality, signed by such individual's own hand. See N.Y. New York City Administrative Code 27-715
  • 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
  • Balanced budget: A budget in which receipts equal outlays.
  • banking law: refer to laws of the state;

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

  • 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. New York City Administrative Code 27-2117
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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. Family Court Law 1024
  • board: means "board of directors". See N.Y. New York City Administrative Code 27-728
  • Board: shall mean the board of trustees of the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
  • Board: shall mean the medical equipment service agency advisory board created by section thirty-six hundred fifty-five of this article. See N.Y. New York City Administrative Code 9-143
  • board: shall mean the board of directors of a land bank;

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

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

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

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

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

  • Body piercing: shall mean the piercing of any part of the body, except the ear. See N.Y. Family Court Law 781
  • Body piercing specialist: shall mean any person who performs body piercing on the body of any other person. See N.Y. Family Court Law 781
  • Body piercing studio: shall mean any premises in which the body piercing specialist conducts such practice. See N.Y. Family Court Law 781
  • bond: means (a) a bond, note or other obligation of any kind or nature, whether secured or unsecured, which is part of an issue held by more than one person, or (b) a certificate or other instrument which is part of an issue held by more than one person evidencing any interest in any bond, note or other obligation of any kind or nature, whether secured or unsecured. See N.Y. Vehicle & Traffic Law 2105
  • bondholder: means the owner of a bond. See N.Y. Vehicle & Traffic Law 2105
  • Borrower: shall mean a student attending a covered institution in this state, or a parent or person in parental relation to such student, who also obtains an educational loan from a lending institution to pay for or finance higher education expenses. See N.Y. Penal Law 60.21
  • 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: shall mean a building or structure that is owned by the state or by an agency. See N.Y. Family Court Law 773
  • Business day: shall mean any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See N.Y. Vehicle & Traffic Law 2286
  • Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
  • Capacity: means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. See N.Y. New York City Administrative Code 7-501
  • Capacity to consent: means an individual's ability, determined without regard to the individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment, or procedure, or of a proposed disclosure of confidential HIV related information, as the case may be, and to make an informed decision concerning the service, treatment, procedure or disclosure. See N.Y. New York City Administrative Code 3-406
  • Capacity to make health care decisions: means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-606
  • Captive finance source: means any finance source that provides automotive-related loans, or purchases retail installment contracts or lease contracts for motor vehicles and is, directly or indirectly, owned, operated or controlled, in whole or in part, by a manufacturer, factory branch, distributor or distributor branch. See N.Y. Vehicle & Traffic Law 462
  • Captive REIT: means a REIT (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a REIT. See N.Y. New York City Administrative Code 11-601
  • Captive RIC: means a RIC (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a RIC. See N.Y. New York City Administrative Code 11-601
  • Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-501
  • Cardiopulmonary resuscitation: means measures, as specified in regulations promulgated by the commissioner, to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-626
  • Caregiver: shall mean any individual duly identified as a caregiver by a patient under this article who provides after-care assistance to a patient living in his or her residence. See N.Y. New York City Administrative Code 8-116
  • Caretaker: means a person appointed pursuant to the provisions of section twenty-eight hundred six-b of this article, to act as a fiduciary responsible to the court which appoints him for the conserving and preserving of the rights and property of the operator of a residential health care facility, while also preserving and providing for the rights of the patients in such facility to care appropriate to their needs in a clean and wholesome environment in accordance with applicable federal and state laws and regulations. See N.Y. New York City Administrative Code 3-710.5
  • Carrier: means a person that issues a bill of lading. See N.Y. Uniform Commercial Code 7-102
  • casket: means a rigid container that is designed for the encasement of human remains and customarily ornamented and lined with fabric. See N.Y. Vehicle & Traffic Law 1130
  • cemetery board: means the cemetery board in the division of cemeteries in the department of state. See N.Y. Vehicle & Traffic Law 1130
  • cemetery corporation: means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation or a private cemetery corporation. See N.Y. Vehicle & Traffic Law 1130
  • certificate: means a certificate of authority issued by the commissioner under this article. See N.Y. New York City Administrative Code 8-122
  • certificate of insurance: shall mean any evidence issued by or on behalf of an insurance company duly authorized to transact business in this state, stating in such form as the commissioner may prescribe or approve that such company has issued an owner's policy of liability insurance on the motor vehicle or vehicles designated therein. See N.Y. Vehicle & Traffic Law 311
  • Certificate of limited partnership: means the certificate referred to in section 121-201 of this article, and the certificate as amended. See N.Y. Vehicle & Traffic Law 1274
  • Certificate of publication: means a certificate presented on behalf of the applicable limited partnership to the department of state together with the affidavits of publication pursuant to section 121-201 or 121-902 of this article. See N.Y. Vehicle & Traffic Law 1274
  • Certified first responder: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. See N.Y. New York City Administrative Code 8-205
  • Certified home health agency: means a home care services agency which possesses a valid certificate of approval issued pursuant to the provisions of this article, or a residential health care facility or hospital possessing a valid operating certificate issued under article twenty-eight of this chapter which is authorized under section thirty-six hundred ten of this article to provide a long term home health care program. See N.Y. New York City Administrative Code 9-117
  • Chambers: A judge's office.
  • chancellor: shall mean the chancellor of the city district. See N.Y. Penal Law 178.25
  • Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community including any purpose that is charitable under the laws of the state of New York. See N.Y. Vehicle & Traffic Law 426
  • 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. Family Court Law 651
  • 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 protected individual actually or apparently under eighteen years of age. See N.Y. New York City Administrative Code 3-406
  • child: refers to a child born out of wedlock. See N.Y. Family Court Law 512
  • Child: means any person or persons alleged to have been abused or neglected, whichever the case may be;

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

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

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

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

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

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

  • child 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 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. Family Court Law 1036
  • city board: shall mean the board of education of the city district. See N.Y. Penal Law 178.25
  • city district: shall mean the city school district of the city of New York. See N.Y. Penal Law 178.25
  • 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.
  • Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or relative of the patient (other than a spouse, adult child, parent, brother or sister) who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs and who presents a signed statement to that effect to the attending physician. See N.Y. New York City Administrative Code 7-501
  • Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or a relative of the patient (other than a spouse, adult child, parent, brother or sister), who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs, and who presents a signed statement to that effect to the attending physician. See N.Y. New York City Administrative Code 7-626
  • CMS: means the federal centers for Medicare and Medicaid services. See N.Y. New York City Administrative Code 8-122
  • CMS regulations: means applicable federal laws and CMS regulations and policies. See N.Y. New York City Administrative Code 8-122
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Collectible: means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more. See N.Y. New York City Administrative Code 27-715
  • College: shall mean any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Penal Law 60.02
  • Commercial motor vehicle: shall mean a motor vehicle or combination of vehicles having a gross combination weight rating of more than ten thousand pounds used in commerce to transport property and it shall include a tow truck with a gross vehicle weight rating of at least eighty-six hundred pounds. See N.Y. Vehicle & Traffic Law 509-P
  • Commercial driver: shall mean every person who is self-employed or employed by a commercial motor carrier and who drives a commercial motor vehicle for hire or profit. See N.Y. Vehicle & Traffic Law 509-P
  • Commercial motor carrier: shall mean any person, corporation, or entity, who directs one or more commercial motor vehicles and who operates a commercial motor vehicle wholly within or partly within and partly without this state in connection with the operation or administration of any business. See N.Y. Vehicle & Traffic Law 509-P
  • Commercial 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

  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-208
  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-307
  • Commissioner: shall mean the commissioner of the state division of housing and community renewal. See N.Y. Family Court Law 580-312
  • Commissioner: shall mean the commissioner of taxation and finance. See N.Y. Family Court Law 713
  • Commissioner: means the commissioner of general services. See N.Y. Family Court Law 766
  • Commissioner: shall mean the commissioner of health. See N.Y. Family Court Law 781
  • Commissioner: means the commissioner of education of the state of New York. See N.Y. New York City Administrative Code 27-998
  • Commissioner: means the state commissioner of mental health or the state commissioner of mental retardation and developmental disabilities. See N.Y. New York City Administrative Code 27-740
  • Commissioner: means the commissioner of education of the State of New York. See N.Y. Penal Law 55.10
  • Commissioner: includes the office and a branch office of the commissioner and, when authorized to receive a document or fee as agent of the commissioner, the clerk of a county. See N.Y. Vehicle & Traffic Law 2101
  • Commissioner 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.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • communication: includes conversation and discussion. See N.Y. New York City Administrative Code 27-687
  • community: shall mean a facility or facilities established to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life and which, pursuant to a contract, at a minimum:

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

  • community board: shall mean the board of education of a community district. See N.Y. Penal Law 178.25
  • community council: shall mean the community district education council of a community district established pursuant to section twenty-five hundred ninety-c of this article. See N.Y. Penal Law 178.25
  • community district: shall mean a community school district created or to be created within the city district under the provisions of this article. See N.Y. Penal Law 178.25
  • Community 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. Penal Law 178.25
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comptroller: shall mean the state comptroller. See N.Y. Family Court Law 713
  • Comptroller: shall mean the comptroller of the state of New York. See N.Y. Penal Law 70.02
  • 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. Uniform Commercial Code 2-209
  • Concussion: means a mild traumatic injury to the brain that is characterized by immediate and transient alteration of mental status and level of consciousness, resulting from mechanical force or trauma. See N.Y. New York City Administrative Code 3-311
  • 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. New York City Administrative Code 3-406
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See N.Y. Uniform Commercial Code 7-102
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See N.Y. Uniform Commercial Code 7-102
  • Consolidated corporation: means the new corporation in which two or more constituent corporations are consolidated. See N.Y. Vehicle & Traffic Law 509-R
  • Consolidation: means a procedure of the character described in subparagraph (a) (2). See N.Y. Vehicle & Traffic Law 509-R
  • Constituent corporation: means an existing corporation that is participating in the merger or consolidation with one or more other corporations. See N.Y. Vehicle & Traffic Law 509-R
  • Construction: shall mean the construction of new multiple dwellings upon vacant land. See N.Y. Family Court Law 580-105
  • Construction: means the addition or deletion of services offered; a change in the agency's geographic service area; the erection, building, or substantial acquisition or alteration of a physical structure or equipment; or a substantial change in the method of providing services. See N.Y. New York City Administrative Code 9-117
  • Construction: means construction as defined in section thirty-six hundred two of this chapter. See N.Y. New York City Administrative Code 10-112
  • Construction: means the erection, building, or substantial acquisition, alteration, reconstruction, improvement, extension or modification of a hospital, including its equipment; the inspection and supervision thereof; and the studies, surveys, designs, plans, working drawings, specifications, procedures and other actions necessary thereto. See N.Y. New York City Administrative Code 3-710.5
  • Consumer: means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes. See N.Y. New York City Administrative Code 27-715
  • Consumer goods or services: shall mean goods or services purchased, leased, or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken. See N.Y. Vehicle & Traffic Law 2286
  • Consumer lease: means a lease that a lessor regularly

    engaged in the business of leasing or selling makes to a

    lessee who is an individual and who takes under the lease

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

  • Contact: means an identified spouse or sex partner of the protected individual, a person identified as having shared hypodermic needles or syringes with the protected individual or a person who the protected individual may have exposed to HIV under circumstances that present a risk of transmission of HIV, as determined by the commissioner. See N.Y. New York City Administrative Code 3-406
  • contents: when used with respect to a communication, includes any information concerning the identity of the parties to such communications, and the existence, substance, purport, or meaning of that communication. See N.Y. New York City Administrative Code 27-687
  • 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
  • Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to render services, which a partner contributes to a limited partnership in his capacity as a partner. See N.Y. Vehicle & Traffic Law 1274
  • Contributor: shall mean any member of the retirement system who has an account in the annuity savings fund as provided by this article. See N.Y. New York City Administrative Code 27-2117
  • core documents: shall mean those public documents for which library users have the most significant and frequent need. See N.Y. Vehicle & Traffic Law 404-U*3
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 580-307
  • Corporation: means the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 580-507
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 656
  • Corporation: shall mean the housing trust fund corporation established in section forty-five-a of this chapter. See N.Y. Family Court Law 661
  • Corporation: means and includes all banks, trust companies, safe deposit companies, investment companies, mutual trust investment companies, and, to the extent not provided otherwise under any regulation of the superintendent of financial services promulgated pursuant to the provisions of section fourteen-e of this chapter, stock-form savings banks and stock-form savings and loan associations. See N.Y. New York City Administrative Code 27-728
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. Penal Law 70.02
  • Council: means the New York state council on graduate medical education. See N.Y. Family Court Law 834
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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 institution employee: shall mean any employee, agent, contractor, director, officer or trustee of a covered institution. See N.Y. Penal Law 60.21
  • 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
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • cremains: means ashes and other residue recovered after the completion of cremation, which may include residue of foreign matter that may have been cremated with the human remains. See N.Y. Vehicle & Traffic Law 1130
  • cremation: means the technical process, using heat and flame, that reduces human remains to ashes and other residue. See N.Y. Vehicle & Traffic Law 1130
  • cremation authorization: means the crematory form authorizing a cremation which is signed by the next of kin or authorizing agent. See N.Y. Vehicle & Traffic Law 1130
  • cremation permit: means the burial and removal permit required pursuant to section forty-one hundred forty-five of the public health law that is annotated for disposition of the remains of a deceased human being by cremation. See N.Y. Vehicle & Traffic Law 1130
  • crematory: means a facility or portion of a building in which the remains of deceased human beings are processed by cremation. See N.Y. Vehicle & Traffic Law 1130
  • Criminal history information: shall mean a record of pending criminal charges, criminal convictions which have not been vacated or reversed, information from the federal bureau of investigation as a result of a national criminal history record check, and certificates filed pursuant to subdivision two of section seven hundred five of the correction law and which the division of criminal justice services is required to maintain pursuant to subdivision six of section eight hundred thirty-seven of the executive law. See N.Y. New York City Administrative Code 7-203
  • Critically ill or injured: means at high risk of dying from illnesses or injuries. See N.Y. New York City Administrative Code 8-907
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealer: includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers. See N.Y. New York City Administrative Code 27-715
  • Dealer: means a person engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers, other than mobile homes or manufactured homes, at retail or wholesale; except, however, trailers with an unladen weight of less than one thousand pounds. See N.Y. Vehicle & Traffic Law 415
  • Dealer: means a person registered as a dealer under section four hundred fifteen or twenty-two hundred fifty-seven of this chapter. See N.Y. Vehicle & Traffic Law 2101
  • Decedent: A deceased person.
  • Decision-making capacity: means the ability to understand and appreciate the nature and consequences of proposed health care, including the benefits and risks of and alternatives to proposed health care, and to reach an informed decision. See N.Y. New York City Administrative Code 7-626
  • Decisions regarding hospice care: means the decision to enroll or disenroll in hospice, and consent to the hospice plan of care and modifications to that plan. See N.Y. New York City Administrative Code 7-626
  • 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. Vehicle & Traffic Law 2105
  • Default judgement: A judgement rendered because of the defendant's failure to answer or appear.
  • Defendant: means a person who has been charged by an accusatory instrument with the commission of an offense. See N.Y. New York City Administrative Code 27-709
  • 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. Family Court Law 781
  • Department of finance: means the department of finance of the city;

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

  • 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.
  • Description: means any representation in writing, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. See N.Y. New York City Administrative Code 27-715
  • Designated beneficiary: shall mean , with respect to an account or accounts, the designated individual or individuals whose first home purchase expenses are expected to be paid from the account or accounts. See N.Y. Family Court Law 713
  • Designated beneficiary: shall mean , with respect to an account or accounts, the individual designated as the individual whose higher education expenses are expected to be paid from the account or accounts. See N.Y. Penal Law 70.02
  • Designated class A felony act: means a designated felony act defined in paragraph (i) of subdivision eight. See N.Y. Family Court Law 301.2
  • Designated crime: means any crime included within the definition of a "designated offense" in subdivision eight of section 700. See N.Y. New York City Administrative Code 27-701
  • Designated educational official: shall mean (a) an employee or representative of a school district who is designated by the school district or (b) an employee or representative of a charter school or private elementary or secondary school who is designated by such school to receive records pursuant to this article and to coordinate the student's participation in programs which may exist in the school district or community, including: non-violent conflict resolution programs, peer mediation programs and youth courts, extended day programs and other school violence prevention and intervention programs

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

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

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

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

  • Detention: means the temporary care and maintenance of children away from their own homes, as defined in section five hundred two of the executive law. See N.Y. Family Court Law 301.2
  • Determination: shall mean the decision made by the department after reviewing criminal history information to approve or disapprove a prospective employee's eligibility for employment by a provider. See N.Y. New York City Administrative Code 7-203
  • Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-501
  • Developmental disability: means a developmental disability as defined in subdivision twenty-two of section 1. See N.Y. New York City Administrative Code 7-626
  • 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 & Traffic Law 1691
  • Director: means (a) the director of a state hospital operated by the office of mental health or the director of a developmental center operated by the office of mental retardation and developmental disabilities, or (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner as having adequate facilities to examine a defendant to determine if he is an incapacitated person, or (c) the director of community mental health services. See N.Y. New York City Administrative Code 27-740
  • Disaster preparedness: means the state of readiness necessary to respond to natural or man-made disasters, including but not limited to biologic, nuclear, incendiary, chemical, and explosive disasters. See N.Y. New York City Administrative Code 8-907
  • Discharge: shall mean a patient's exit or release from a hospital to the patient's residence following an inpatient admission. See N.Y. New York City Administrative Code 8-116
  • Disclosure statement: means a written statement submitted initially and/or amended annually containing such information as the commissioner by regulation may require on forms to be prescribed by the commissioner. See N.Y. Family Court Law 1039-B
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposition: means the disposal of a record by destruction, sale, gift, transfer to the local government archives, or by other authorized means. See N.Y. New York City Administrative Code 27-685
  • dispositional hearing: means a hearing to determine what order of disposition should be made in accordance with the best interests of the child. See N.Y. Family Court Law 623
  • Dispositional hearing: means a hearing to determine whether the respondent requires supervision, treatment or confinement. See N.Y. Family Court Law 301.2
  • dispositional hearing: means in the case of a petition under this article a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 833
  • dispositional hearing: means a hearing to determine what order of disposition should be made. See N.Y. Family Court Law 1045
  • Distribution: means the transfer of property by a limited partnership to one or more of its partners in his capacity as a partner. See N.Y. Vehicle & Traffic Law 1274
  • Distributor: means any person who primarily offers, sells or distributes new motor vehicles to franchised motor vehicle dealers or maintains distributor representatives within the state. See N.Y. Vehicle & Traffic Law 462
  • Distributor branch: means a branch office maintained by a distributor which offers, sells or distributes new motor vehicles to franchised motor vehicle dealers in this state. See N.Y. Vehicle & Traffic Law 462
  • district superintendent: shall mean the chief administrative officer of a supervisory district as defined in article forty-five of this chapter. See N.Y. Penal Law 160.10
  • Division: shall mean the state division of housing and community renewal. See N.Y. Family Court Law 580-208
  • Division: shall mean the division of housing and community renewal. See N.Y. Family Court Law 580-307
  • Division: shall mean the state division of housing and community renewal. See N.Y. Family Court Law 580-312
  • Division: shall mean the division of housing and community renewal. See N.Y. Family Court Law 651
  • Division urban initiatives program: shall mean the program heretofore administered by the division pursuant to appropriations and reappropriations for the purposes of urban initiatives programs. See N.Y. Family Court Law 580-307
  • DNA: means deoxyribonucleic acid. See N.Y. New York City Administrative Code 9-101
  • Docket: A log containing brief entries of court proceedings.
  • Domestic corporation: means a corporation organized under the laws of the state; and

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

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

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

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

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

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

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

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

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

  • Donee: The recipient of a gift.
  • Donor: means the person who grants or transfers property to an institution pursuant to a gift instrument, or a person designated in the applicable gift instrument to act in the place of the donor, but does not otherwise include the person's executors, heirs, successors, assigns, transferees, or distributees. See N.Y. Vehicle & Traffic Law 426
  • Donor: The person who makes a gift.
  • Door-to-door sale: shall mean a sale, lease or rental of consumer goods or services in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. See N.Y. Vehicle & Traffic Law 2286
  • Dower: A widow
  • e-cigarette: means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device. See N.Y. Family Court Law 1024
  • Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in section 250. See N.Y. New York City Administrative Code 27-687
  • Eavesdropping: 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. New York City Administrative Code 27-709
  • Eavesdropping warrant: means an order of a justice authorizing or approving eavesdropping. See N.Y. New York City Administrative Code 27-687
  • educational facilities: shall mean land and the improvements thereon for use in connection with any educational activity to be undertaken or provided by the city board or any community council or any facility attendant thereto or any facility necessary, useful or desirable in connection with such activity. See N.Y. Penal Law 178.25
  • Educational loan: shall mean any loan that is made, insured, or guaranteed under Part B of Title IV of the Federal Higher Education Act of nineteen hundred sixty-five, as amended, any high risk loan or any private loan issued by a lending institution for the purposes of paying for or financing higher education expenses. See N.Y. Penal Law 60.21
  • 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
  • Eligible applicant: shall mean a not-for-profit corporation or charitable organization, organized for a period of one or more years, which is either incorporated under the not-for-profit corporation law (or such law together with any other applicable law) or, if unincorporated, is not organized for the private profit or benefit of its members and has been engaged primarily in community preservation activities. See N.Y. Family Court Law 580-307
  • Eligible applicant: shall mean a city, town, village or not-for-profit corporation in existence for a period of one or more years prior to application, which is, or will be at the time of award, incorporated under the not-for-profit corporation law and has substantial experience in adapting or retrofitting homes for persons with disabilities. See N.Y. Family Court Law 656
  • Eligible applicant: shall mean a unit of local government or not-for-profit corporation in existence for a period of one or more years prior to application, which is, or will be at the time of award, incorporated under the not-for-profit corporation law and has been engaged primarily in community development activities. See N.Y. Family Court Law 661
  • Eligible educational institution: shall mean any institution of higher education defined as an eligible educational institution in section 529(e)(5) of the Internal Revenue Code of 1986, as amended. See N.Y. Penal Law 70.02
  • Eligible governmental entity: shall mean the Lake George park commission or a county enforcing the provisions of this chapter and having an accident reporting system and vessel and related equipment anti-theft program and/or an "I love NY waterways" boating safety program and/or boating noise level enforcement program approved by the commissioner. See N.Y. Vehicle & Traffic Law 391
  • eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility. See N.Y. Family Court Law 1054
  • Eligible project: means a housing project located in a rural area which is to be owned or operated by an eligible sponsor and which has received (or which the sponsor has demonstrated to the satisfaction of the commissioner will receive) federal assistance. See N.Y. Family Court Law 580-502
  • Eligible youth: means a youth who is eligible to be found a youthful offender. See N.Y. New York City Administrative Code 27-722
  • Emancipated minor patient: means a minor patient who is the parent of a child, or who is sixteen years of age or older and living independently from his or her parents or guardian. See N.Y. New York City Administrative Code 7-626
  • 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
  • Emergency medical care: means the initial management, treatment, and transfer of suddenly ill or injured patients. See N.Y. New York City Administrative Code 8-907
  • Emergency medical service: means initial emergency medical assistance including, but not limited to, the treatment of trauma, burns, respiratory, circulatory and obstetrical emergencies. See N.Y. New York City Administrative Code 8-205
  • Emergency medical technician: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons. See N.Y. New York City Administrative Code 8-205
  • emergency operation: shall include returning from emergency service. See N.Y. Vehicle & Traffic Law 501-A
  • Employee: shall mean any person to be employed or used by a provider, including those persons employed by a temporary employment agency, to provide direct care or supervision to patients or residents. See N.Y. New York City Administrative Code 7-203
  • Employer: shall mean the state of New York, the city, the village, school district board or trustee, or other agency of and within the state by which a teacher is paid. See N.Y. New York City Administrative Code 27-2117
  • EMS program agency: means a not-for-profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and operation of an emergency medical services system within a region as directed by the regional council under this article. See N.Y. New York City Administrative Code 8-205
  • Endowment fund: means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See N.Y. Vehicle & Traffic Law 426
  • Enforcement officer: means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a population of more than one million it shall also mean an officer or employee or any agency of such city that is authorized to enforce any local law of such city related to the regulation of the sale of tobacco products to minors. See N.Y. Family Court Law 1024
  • Enrolled member: means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation. See N.Y. New York City Administrative Code 8-205
  • 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.
  • Entry: shall mean a patient's admission into a hospital for the purposes of receiving inpatient care. See N.Y. New York City Administrative Code 8-116
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ethics review committee: means the interdisciplinary committee established in accordance with the requirements of section twenty-nine hundred ninety-four-m of this article. See N.Y. New York City Administrative Code 7-626
  • Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in section 121-402 of this article. See N.Y. Vehicle & Traffic Law 1274
  • Ex officio: Literally, by virtue of one's office.
  • Examination report: means a report made by a psychiatric examiner wherein he sets forth his opinion as to whether the defendant is or is not an incapacitated person, the nature and extent of his examination and, if he finds that the defendant is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the defendant lacks capacity to understand or to assist in his own defense. See N.Y. New York City Administrative Code 27-740
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exigent circumstances: means conditions requiring the preservation of secrecy, and whereby there is a reasonable likelihood that a continuing investigation would be thwarted by alerting any of the

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

  • existing multiple dwelling: shall mean any dwelling classified as a multiple dwelling pursuant to the multiple dwelling law including class A and class B multiple dwellings, and in existence on the date upon which an application for a loan pursuant to this article is received by the agency. See N.Y. Family Court Law 427
  • External agent: means an independent investment advisor, investment counsel or manager, bank, or trust company. See N.Y. Vehicle & Traffic Law 426
  • external wrappings: means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed wood, composite materials (with or without an outside covering), or pouches of canvas or other material. See N.Y. Vehicle & Traffic Law 1130
  • 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. Family Court Law 761
  • facility: shall mean any governmental or private agency, department, institution, clinic, laboratory, hospital, nursing care facility, health maintenance organization, association or other similar entity that provides medical care. See N.Y. Family Court Law 1055-B
  • fact-finding hearing: means in the case of a petition for the commitment of the guardianship and custody of a child, a hearing to determine whether the allegations required by paragraphs (a), (b), (c), and (d) of subdivision one of section six hundred fourteen are supported by clear and convincing proof. See N.Y. Family Court Law 622
  • Fact-finding hearing: means a hearing to determine whether the respondent or respondents committed the crime or crimes alleged in the petition or petitions. See N.Y. Family Court Law 301.2
  • fact-finding hearing: means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence. See N.Y. Family Court Law 832
  • fact-finding hearing: means a hearing to determine whether the child is an abused or neglected child as defined by this article. See N.Y. Family Court Law 1044
  • Factory branch: means a branch office maintained for directing and supervising the representatives of the manufacturer or which office is maintained for the sale of motor vehicles. See N.Y. Vehicle & Traffic Law 462
  • 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. Penal Law 70.02
  • 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. Family Court Law 580-502
  • 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. Family Court Law 580-105
  • 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 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
  • Fiduciary: A trustee, executor, or administrator.
  • Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. New York City Administrative Code 27-2117
  • 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, and (a) which is an authorized fiduciary to act as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, or an insurance company; and (b)(i) is licensed or chartered by the department of financial services, (ii) is chartered by an agency of the federal government, (iii) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, (iv) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, (v) or any banking organization as defined in subdivision eleven of section two of the banking law, national banking association, state chartered credit union, federal mutual savings bank, federal savings and loan association or federal credit union. See N.Y. Family Court Law 713
  • Financial organization: shall mean an organization authorized to do business in the state of New York and (a) which is an authorized fiduciary to act as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, or an insurance company; and (b)(i) is licensed or chartered by the department of financial services, (ii) is chartered by an agency of the federal government, (iii) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, or (iv) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time. See N.Y. Penal Law 70.02
  • financial security bond: shall mean for each motor vehicle a bond executed by the owner and by a surety company duly authorized to transact business in this state. See N.Y. Vehicle & Traffic Law 311
  • financial security deposit: shall mean for each motor vehicle the deposit with the commissioner of twenty-five thousand dollars in cash, or securities, such as may legally be purchased by savings banks or trust funds, of a market value of twenty-five thousand dollars and an additional deposit in an amount determined by the commissioner to be sufficient to satisfy the requirements of article fifty-one of the insurance law. See N.Y. Vehicle & Traffic Law 311
  • finder: as used in this article means the person who first takes possession of lost property. See N.Y. Vehicle & Traffic Law 1809-C
  • first home savings account: shall mean an individual savings account established in accordance with the provisions of this article for the exclusive benefit of the account owner or designated beneficiary that is the first time buyer of a home, townhome, condominium or unit in a cooperative housing corporation. See N.Y. Family Court Law 713
  • First home savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Family Court Law 713
  • First time home buyer: shall mean an individual or individuals, neither of whom has or had an ownership interest in a principal residence at any time, including residences owned in the United States or abroad. See N.Y. Family Court Law 713
  • 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 establishment: means any area, including outdoor seating areas, in which the business is the sale of food for on-premises consumption. See N.Y. Family Court Law 1024
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation which is licensed by the superintendent under the provisions of article two of this chapter to do business in this state or is applying for such license and a corporation authorized to conduct business in this state pursuant to article five-C of this chapter or is applying for such authorization. See N.Y. New York City Administrative Code 27-728
  • Foreign limited partnership: means a partnership formed under the laws of any jurisdiction, including any foreign country, other than the laws of this state and having as partners one or more general partners and one or more limited partners. See N.Y. Vehicle & Traffic Law 1274
  • Foreign professional service corporation: has the meaning given to it in subdivision (d) of section fifteen hundred twenty-five of the business corporation law. See N.Y. Uniform Commercial Code 7-201
  • Foreign professional service corporation: has the meaning given to it in paragraph (d) of section fifteen hundred twenty-five of the business corporation law. See N.Y. Uniform Commercial Code 7-307
  • Foreign professional service limited liability company: has the meaning given to it in subdivision (a) of section thirteen hundred one of this chapter. See N.Y. Uniform Commercial Code 7-201
  • Foreign professional service limited liability company: means a professional service limited liability company, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a professional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and managers, if any, is a professional at least one of such members is authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. See N.Y. Uniform Commercial Code 7-307
  • 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
  • Franchise: means a written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a franchised motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, by lease or otherwise and/or pursuant to which a franchised motor vehicle dealer purchases and resells or offers (as agent, principal, or otherwise) products associated with the name or mark or related components of the franchise. See N.Y. Vehicle & Traffic Law 462
  • Franchised motor vehicle dealer: means : (a) any person required to be registered pursuant to section four hundred fifteen of this title which has been granted a franchise as defined in subdivision six of this section, or (b) any person engaged in the business of selling snowmobiles, all terrain vehicles and/or personal watercraft at wholesale or retail who has been granted a franchise; provided, however, that any person primarily engaged in the sale of vessels and other marine items who meets the definition of "dealer" as provided in subdivision one of section eight hundred ten of the general business law shall not be a "franchised motor vehicle dealer" pursuant to this article. See N.Y. Vehicle & Traffic Law 462
  • Franchisor: means any manufacturer, distributor, distributor branch or factory branch, importer or other person, partnership, corporation, association, or entity, whether resident or non-resident, which enters into or is presently a party to a franchise with a franchised motor vehicle dealer. See N.Y. Vehicle & Traffic Law 462
  • 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
  • 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. New York City Administrative Code 3-710.5
  • General hospital: means a general hospital as defined in subdivision ten of section twenty-eight hundred one of this chapter excluding a ward, wing, unit or other part of a general hospital operated for the purpose of providing services for persons with mental illness pursuant to an operating certificate issued by the commissioner of mental health. See N.Y. New York City Administrative Code 7-626
  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and, if required by the law of the jurisdiction under which the limited partnership or foreign limited partnership, as the case may be, is organized, is so named in the certificate of limited partnership or similar instrument. See N.Y. Vehicle & Traffic Law 1274
  • Gift: shall mean any discount, favor, gratuity, inducement, loan, stock, thing of value, or other item having more than nominal value. See N.Y. Penal Law 60.21
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See N.Y. Vehicle & Traffic Law 426
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See N.Y. Uniform Commercial Code 7-102
  • Good faith: means , in addition to any common law definitions of that term, honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade. See N.Y. Vehicle & Traffic Law 462
  • Goods: means all things that are movable at the time of

    identification to the lease contract, or are fixtures

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

    documents, instruments, accounts, chattel paper, general

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

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

  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See N.Y. Uniform Commercial Code 7-102
  • Governing body: means the town board, village board of trustees, city council, county legislature or board of supervisors, board of education or board of trustees of a school district or board of cooperative educational services, board of fire commissioners or other body authorized by law to govern the affairs of a local government. See N.Y. New York City Administrative Code 27-685
  • Government agency: means a department, board, bureau, division, office, agency, public benefit or other corporation, or any other unit, however described, of the state or a political subdivision thereof. See N.Y. New York City Administrative Code 3-710.5
  • Government funds: means funds provided under the provisions of title eleven of article five of the social services law. See N.Y. New York City Administrative Code 9-117
  • Governmental agency: means any agency of the state of New York and all municipalities within the state. See N.Y. Vehicle & Traffic Law 2401
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Group policy: means an insurance policy issued pursuant to section three thousand four hundred fifty-five of the insurance law. See N.Y. Vehicle & Traffic Law 1691
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guardian: means a health care guardian or a legal guardian of the person of a minor. See N.Y. New York City Administrative Code 7-626
  • 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. Family Court Law 1024
  • 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.
  • harassment: shall mean any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:

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

  • Health care: means any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-626
  • Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. New York City Administrative Code 7-606
  • Health care agent: means a health care agent designated by an adult pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-626
  • Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. New York City Administrative Code 7-501
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-626
  • Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. New York City Administrative Code 7-606
  • Health care guardian: means an individual appointed by a court, pursuant to subdivision four of section twenty-nine hundred ninety-four-r of this article, as the guardian of a minor patient solely for the purpose of deciding about life-sustaining treatment pursuant to this article. See N.Y. New York City Administrative Code 7-626
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-626
  • Health care provider: includes but is not limited to an entity licensed or certified under article twenty-eight or thirty-six of this chapter; an entity licensed or certified under article sixteen, thirty-one or thirty-two of the mental hygiene law; or a health care practitioner licensed or certified under title eight of the education law or a lawful combination of such health care practitioners; and may also include, to the extent provided by regulation of the commissioner, other entities that provide technical assistance, information systems and services, care coordination and other services to health care providers and patients participating in an ACO. See N.Y. New York City Administrative Code 8-122
  • Health care provider: means any physician, nurse, provider of services for the mentally disabled as defined in article one of the mental hygiene law, or other person involved in providing medical, nursing, counseling, or other health care or mental health service, including those associated with, or under contract to, a health maintenance organization or medical services plan. See N.Y. New York City Administrative Code 3-406
  • Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. New York City Administrative Code 7-606
  • Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. New York City Administrative Code 7-606
  • Health facility: means a hospital as defined in section two thousand eight hundred one of this chapter, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability as defined in article one of the mental hygiene law. See N.Y. New York City Administrative Code 3-406
  • Health or social service: means any public or private care, treatment, clinical laboratory test, counseling or educational service for adults or children, and acute, chronic, custodial, residential, outpatient, home or other health care provided pursuant to this chapter or the social services law; public assistance or care as defined in article one of the social services law; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services provided pursuant to the social services law; services for the mentally disabled as defined in article one of the mental hygiene law; probation services, provided pursuant to articles twelve and twelve-A of the executive law; parole services, provided pursuant to article eight of the correction law; corrections and community supervision, provided pursuant to the correction law; detention and rehabilitative services provided pursuant to article nineteen-G of the executive law; and the activities of the health care worker HIV/HBV advisory panel pursuant to article twenty-seven-DD of this chapter. See N.Y. New York City Administrative Code 3-406
  • Health-related service: means service in a facility or facilities which provide or offer lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service. See N.Y. New York City Administrative Code 3-710.5
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Herbal cigarette: means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filler. See N.Y. Family Court Law 1024
  • High risk loans: shall mean any agreement between a lending institution and a covered institution that provides for the lending institution to provide loans to students with a poor or no credit history, who would otherwise not be eligible for educational loans. See N.Y. Penal Law 60.21
  • Higher education expenses: shall include the following:

    a. See N.Y. Penal Law 60.21

  • HIV infection: means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS. See N.Y. New York City Administrative Code 3-406
  • HIV related illness: means any illness that may result from or may be associated with HIV infection. See N.Y. New York City Administrative Code 3-406
  • Home: shall include a hospice patient's home or a hospice residence. See N.Y. New York City Administrative Code 10-112
  • Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. New York City Administrative Code 9-117
  • Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. New York City Administrative Code 9-117
  • Home health aide services: means simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services. See N.Y. New York City Administrative Code 9-117
  • Home medical equipment: shall mean technologically sophisticated medical devices which are used in a home care setting, including but not limited to:

    (a) Oxygen and oxygen delivery systems;

    (b) Ventilation and aspiration devices;

    (c) Respiratory disease management services;

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

    (e) Monitoring devices;

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

    (g) Low air loss cutaneous pressure management devices;

    (h) Sequential compression devices;

    (i) Obstructive sleep apnea treatment devices; and

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

  • Home medical equipment services: shall mean the delivery, provision, installation, maintenance and replacement of, or instruction in the use of medical equipment used by an individual requiring such services in their place of residence. See N.Y. New York City Administrative Code 9-143
  • HOME program: shall mean subtitle A of title II of the national affordable housing act. See N.Y. Family Court Law 651
  • HOME regulations: shall mean HUD regulations created pursuant to the national affordable housing act of 1990 as amended. See N.Y. Family Court Law 651
  • Hospice: means a hospice as defined in article forty of this chapter, without regard to where the hospice care is provided. See N.Y. New York City Administrative Code 7-626
  • Hospice: means a coordinated program of home and in-patient care which treats the terminally ill patient and family as a unit, employing an interdisciplinary team acting under the direction of an autonomous hospice administration. See N.Y. New York City Administrative Code 10-112
  • Hospice demonstration program participant: means a hospice which was approved to participate in the hospice demonstration program established pursuant to chapter seven hundred eighteen of the laws of nineteen hundred seventy-eight and is operating on the thirtieth day of June, nineteen hundred eighty-three. See N.Y. New York City Administrative Code 10-112
  • Hospice residence: means a hospice operated home which is residential in character and physical structure and operated for the purpose of providing more than two hospice patients but not more than sixteen hospice patients with hospice care, which may include dually certified hospice in-patient beds up to twenty-five percent of the hospice residence's patient capacity, or up to fifty percent of the hospice residence's patient capacity with the commissioner's approval. See N.Y. New York City Administrative Code 10-112
  • Hospital: means a general hospital, a residential health care facility, or hospice. See N.Y. New York City Administrative Code 7-626
  • Hospital: shall mean any "general hospital" as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 8-116
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-105
  • Hospital: means a hospital as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ physician assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-150
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of this chapter and authorized to employ specialist assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. New York City Administrative Code 9-202
  • Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. New York City Administrative Code 3-710.5
  • hospital: shall include public health centers, diagnostic or treatment centers, rehabilitation facilities, nursing homes and chronic disease hospitals as defined in section six hundred thirty-one (i) of the federal public health service act, as amended, tuberculosis, mental, chronic disease, and other types of hospitals, including laboratories, out-patient departments, nurses' homes and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. See N.Y. New York City Administrative Code 7-301
  • Hospital: means a hospital as defined in subdivision ten of section 1. See N.Y. New York City Administrative Code 7-501
  • Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. New York City Administrative Code 7-606
  • Hospital service: means the preadmission, out-patient, in-patient and post discharge care provided in or by a hospital, and such other items or services as are necessary for such care, which are provided by or under the supervision of a physician for the purpose of prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, including, but not limited to, nursing service, home-care nursing and other paramedical service, ambulance service, service provided by an intern or resident in training, laboratory service, medical social service, drugs, biologicals, supplies, appliances, equipment, bed and board. See N.Y. New York City Administrative Code 3-710.5
  • Hospitalization: means the period during which a person is a patient in, or a resident of, a hospital. See N.Y. New York City Administrative Code 7-501
  • House: means the senate or assembly of the state of New York. See N.Y. Uniform Commercial Code 2-209
  • house coach: shall mean any vehicle motivated by a power connected therewith or propelled by a power within itself, which is designed to provide temporary living quarters, and which is built onto, as an integral part of, or is permanently attached to a motor vehicle chassis, and contains at least four of the following independent life support systems if each is permanently installed and designed to be removed only for purposes of repair or replacement and meets the standards of the American National Standards Institute for recreation vehicles:

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

    (b) a gas or electric refrigerator;

    (c) a toilet with exterior evacuation;

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

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

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

  • housing accommodation: as used in this article , shall mean any building or structure which is used or occupied, or is intended to be used or occupied, wholly or partly, as the home or residence of one or more human beings. See N.Y. Family Court Law 360.3
  • Housing preservation and community renewal activities: include (a) the new construction or the acquisition, maintenance, preservation, repair, rehabilitation or other improvement of vacant or occupied housing accommodations; demolition or sealing of vacant structures where necessary or appropriate; disposition of housing accommodations to present or potential occupants or co-operative organizations; training or other forms of assistance to occupants of housing accommodations; and management of housing accommodations as agent for the owners, receivers, administrators or municipalities; (b) activities, similar to those specified in paragraph (a) of this subdivision, aimed at accomplishing similar purposes and meeting similar needs with respect to retail and service establishments within a region when carried out in connection with and incidental to a program of housing related activities. See N.Y. Family Court Law 580-312
  • HUD: shall mean the federal department of housing and urban development. See N.Y. Family Court Law 651
  • Identifying number: means the numbers, and letters if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle. See N.Y. Vehicle & Traffic Law 2101
  • impairment of mental or emotional condition: includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child. See N.Y. Family Court Law 1012
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Implement of husbandry: means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. See N.Y. Vehicle & Traffic Law 2101
  • Incapacitated person: means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. See N.Y. New York City Administrative Code 27-740
  • Incapacitated person: means a respondent who, as a result of mental illness, or intellectual or developmental disability as defined in subdivisions twenty and twenty-two of section 1. See N.Y. Family Court Law 301.2
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • initial appearance: means the proceeding on the date the respondent first appears before the court after a petition has been filed and any adjournments thereof, for the purposes specified in section 320. See N.Y. Family Court Law 320.1
  • Initiating house: means the house wherein a request is filed with the secretary or clerk, as the case may be, under the provisions of subdivision a of section thirty-five of this article. See N.Y. Uniform Commercial Code 2-209
  • 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

  • Institution: means : (1) a person, other than an individual, organized and operated exclusively for charitable purposes; (2) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated; or (3) any corporation described in subparagraph five of paragraph (a) of section 102 (Definitions). See N.Y. Vehicle & Traffic Law 426
  • Institution of higher education: means any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Penal Law 70.45
  • Institutional fund: means a fund held by an institution. See N.Y. Vehicle & Traffic Law 426
  • Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
  • instrument: as used in this article means a check, draft, promissory note, bond, bill of lading, warehouse receipt, stock certificate or other paper or document, other than those payable, drawn or issued to bearer or to cash and other than money, evidencing, representing or embodying a chose in action or a right with respect to property or a share, participation or other interest in property or in an enterprise. See N.Y. Vehicle & Traffic Law 1809-C
  • Insurance Identification Card: shall mean a card issued by or on behalf of an insurance company or bonding company duly authorized to transact business in this state, stating in such form as the commissioner may prescribe or approve that such company has issued an owner's policy of liability insurance or a financial security bond on the motor vehicle or vehicles designated therein. See N.Y. Vehicle & Traffic Law 311
  • Insurance institution: means any corporation, association, partnership, reciprocal exchange, interinsurer, fraternal benefits society, agent, broker or other entity including, but not limited to, any health maintenance organization, medical service plan, or hospital plan which: (a) is engaged in the business of insurance; (b) provides health services coverage plans; or (c) provides benefits under, administers, or provides services for, an employee welfare benefit plan as defined in 29 U. See N.Y. New York City Administrative Code 3-406
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intercepted communication: means (a) a telephonic or telegraphic communication which was intentionally overheard or recorded by a person other than the sender or receiver thereof, without the consent of the sender or receiver, by means of any instrument, device or equipment, or (b) a conversation or discussion which was intentionally overheard or recorded, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment; or (c) an electronic communication which was intentionally intercepted or accessed, as that term is defined in section 250. See N.Y. New York City Administrative Code 27-687
  • Interest 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
  • Interfacility transfer: means emergency ambulance transport from, to, or between general hospitals or other health care facilities, conducted in accordance with article thirty of this chapter. See N.Y. New York City Administrative Code 8-907
  • interment: means the permanent disposition of human remains by inurnment, entombment or ground burial. See N.Y. Vehicle & Traffic Law 1130
  • Interoperability: means the capacity of all emergency medical, trauma care, and disaster preparedness response systems to collaborate and communicate during an emergency, trauma, or disaster response. See N.Y. New York City Administrative Code 8-907
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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. Uniform Commercial Code 2-209
  • 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. New York City Administrative Code 27-943
  • 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. New York City Administrative Code 27-687
  • Justice: means justice as defined in subdivision four of section 700. See N.Y. New York City Administrative Code 27-701
  • Juvenile delinquent: means a person over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law. See N.Y. Family Court Law 301.2
  • 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
  • Late-payment fee: The fee that will be imposed when your payment is late. Source: Federal Reserve
  • Law enforcement agency: means any agency which is empowered by law to conduct an investigation or to make an arrest for a felony, and any agency which is authorized by law to prosecute or participate in the prosecution of a felony. See N.Y. New York City Administrative Code 27-701
  • Law enforcement officer: means any public servant who is empowered by law to conduct an investigation of or to make an arrest for a designated offense, and any attorney authorized by law to prosecute or participate in the prosecution of a designated offense. See N.Y. New York City Administrative Code 27-687
  • Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. New York City Administrative Code 27-943
  • lawful rental and other lawful charges: means registered, reported or contracted for rent pursuant to chapter four hundred three of the laws of nineteen hundred eighty-three, article two of the private housing finance law or section eight of the federal housing act of nineteen hundred sixty-eight, or, rent contained in a court approved stipulation of settlement, even if such rent or charges are subsequently decreased by order of the department of housing and community renewal or a court of competent jurisdiction. See N.Y. Penal Law 180.54
  • lawyer: shall mean an attorney or counselor governed by article fifteen of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. New York City Administrative Code 27-965
  • Lease: means a transfer of the right to possession and use

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

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

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

  • Lease: means to arrange for a person to enter into an agreement subject to the provisions of article nine-A of the personal property law, or to act as a lessor as defined in such article. See N.Y. Vehicle & Traffic Law 415
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lending institution: shall mean :

    a. See N.Y. Penal Law 60.21

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

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

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

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

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed home care services agency: means a home care services agency, issued a license pursuant to section three thousand six hundred five of this chapter. See N.Y. New York City Administrative Code 9-117
  • Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Uniform Commercial Code 7-201
  • Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Uniform Commercial Code 7-307
  • Lien: means a charge against or interest in goods to secure

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

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

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lienholder: means a person holding a security interest in a vehicle. See N.Y. Vehicle & Traffic Law 2101
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-626
  • Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. New York City Administrative Code 7-606
  • Limited home care services agency: means a certified operator of an adult home or an enriched housing program which directly provides: personal care services authorized and provided in accordance with rules and regulations of the department of social services; and the administration of medications and application of sterile dressings by a registered nurse, provided, however, that the services provided by such agency are not services that must be provided to residents of such facilities pursuant to article seven of the social services law and rules and regulations of the department of social services. See N.Y. New York City Administrative Code 9-117
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement or as otherwise provided by the law of the jurisdiction under which the limited partnership or foreign limited partnership, as the case may be, is organized. See N.Y. Vehicle & Traffic Law 1274
  • limited partnership: means a limited partnership formed under the laws of this state; and the terms "general partner" "limited partner" and "majority in interest of the limited partners" shall have the meanings assigned to such terms in article eight-A of the partnership law; and the term "partnership" shall have the meaning assigned to such term in article two of the partnership law. See N.Y. Uniform Commercial Code 4-A-507
  • Line make: means all models of a specific brand of motor vehicle manufactured by a manufacturer that may manufacture several brands, each of which are a separate line of make; except that, as such term applies to the sale of any new house coach, means that group or those groups of house coaches, as defined by the terms of the written franchise. See N.Y. Vehicle & Traffic Law 462
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local district pension system: shall mean any teachers' retirement system or other arrangement for the payment of pensions or annuities to teachers exclusive of the retirement fund, created in any city or school district of this state prior to the first day of August, nineteen hundred twenty-one. See N.Y. New York City Administrative Code 27-2117
  • Local government: means any county, city, town, village, school district, board of cooperative educational services, district corporation, public benefit corporation, public corporation, or other government created under state law that is not a state department, division, board, bureau, commission or other agency, heretofore or hereafter established by law. See N.Y. New York City Administrative Code 27-685
  • Local officer: shall mean and include a local officer as defined in section two of the public officers law and any officer of a public benefit corporation. See N.Y. New York City Administrative Code 27-685
  • Long term home health care program: means a coordinated plan of care and services provided at home to invalid, infirm, or disabled persons who are medically eligible for placement in a hospital or residential health care facility for an extended period of time if such program were unavailable. See N.Y. New York City Administrative Code 9-117
  • lost property: as used in this article includes lost or mislaid property. See N.Y. Vehicle & Traffic Law 1809-C
  • Lot: means a parcel or a single article that is the subject

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

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

  • mail: means to deposit in the United States mail properly addressed and with postage prepaid. See N.Y. Vehicle & Traffic Law 2101
  • Majority leader: see Floor Leaders
  • Majority whip: See Whips.
  • Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Family Court Law 713
  • Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Penal Law 70.02
  • Manufacturer: means any person, partnership, corporation, association, factory branch or other entity engaged in the business of manufacturing or assemblying new and unused motor vehicles for sale in this state. See N.Y. Vehicle & Traffic Law 462
  • Marijuana: means marijuana as defined in section thirty-three hundred two of this chapter and shall also include tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinol. See N.Y. New York City Administrative Code 9-105
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Master settlement agreement: means the settlement agreement (and related documents) entered into on November twenty-third, nineteen hundred ninety-eight by the state and leading United States tobacco product manufacturers. See N.Y. Family Court Law 1036
  • Medical control: means : (a) advice and direction provided by a physician or under the direction of a physician to certified first

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

  • Medical equipment service agency: means any person engaged in the business of providing home medical equipment services, whether directly or through a contractual arrangement, to an individual at their place of residence. See N.Y. New York City Administrative Code 9-143
  • Medical home: means an organized system of medical care for an individual patient that embraces all of the patient's potential medical needs, including primary, secondary, and tertiary health care as well as emergency care. See N.Y. New York City Administrative Code 8-1008
  • Medically futile: means that cardiopulmonary resuscitation will be unsuccessful in restoring cardiac and respiratory function or that the patient will experience repeated arrest in a short time period before death occurs. See N.Y. New York City Administrative Code 7-501
  • Medicare-only ACO: means an ACO issued a certificate of authority under subdivision four of section twenty-nine hundred ninety-nine-p of this article. See N.Y. New York City Administrative Code 8-122
  • member of the armed forces: shall include active duty military personnel; members of the reserve components of the armed forces; members of the national guard on active duty, including personnel on full time active guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty United States coast guard personnel. See N.Y. Vehicle & Traffic Law 501-A
  • Mental hygiene facility: means a facility operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities as defined in subdivision six of section 1. See N.Y. New York City Administrative Code 7-626
  • Mental hygiene facility: means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office of mental retardation and developmental disabilities. See N.Y. New York City Administrative Code 7-606
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-626
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-501
  • Mental illness: means a mental illness as defined in subdivision twenty of section 1. See N.Y. New York City Administrative Code 7-606
  • Merchant lessee: means a lessee that is a merchant with

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

  • Merged company: shall mean a neighborhood preservation company maintaining a contract pursuant to section nine hundred three of this article that has undergone a merger with one or more other neighborhood preservation companies, which is also maintaining a contract pursuant to section nine hundred three of this article, that has led the merged companies to reduce the number of contracts being maintained with the division pursuant to section nine hundred three of this article to a total of one. See N.Y. Family Court Law 580-208
  • Merged corporation: shall mean a not-for-profit corporation maintaining a contract pursuant to section one thousand three of this article that has undergone a merger with one or more other not-for-profit corporation, which is also maintaining a contract pursuant to section one thousand three of this article, that has led the merged corporations to reduce the number of contracts being maintained with the division pursuant to section one thousand three of this article to a total of one. See N.Y. Family Court Law 580-312
  • merger: means a procedure in which two or more limited liability companies or other business entities merge into a single limited liability company or other business entity that shall be one of the constituent limited liability companies or other business entities, and "consolidation" means a procedure in which two or more limited liability companies or other business entities consolidate into a single limited liability company or other business entity that shall be a new limited liability company or other business entity to be formed pursuant to the consolidation. See N.Y. Uniform Commercial Code 4-A-502
  • Merger: means a procedure of the character described in subparagraph (a) (1). See N.Y. Vehicle & Traffic Law 509-R
  • merger: shall mean a procedure in which two or more limited partnerships merge into a single limited partnership which shall be one of the constituent limited partnerships and "consolidation" shall mean a procedure in which two or more limited partnerships consolidate into a single limited partnership which shall be a new limited partnership to be formed pursuant to the consolidation. See N.Y. Vehicle & Traffic Law 1662
  • military court: as used in this article , means a court-martial, a court of inquiry or a provost court. See N.Y. Vehicle & Traffic Law 111
  • military service: means duty by a person, male or female, in the active military service of the United States as defined in section one of this chapter and active duty in the military service of the state pursuant to an order of the governor issued pursuant to section six or seven of this chapter. See N.Y. Vehicle & Traffic Law 127
  • Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-626
  • Minor: means any person who is not an adult. See N.Y. New York City Administrative Code 7-501
  • Minority whip: See Whips.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • monuments: means a memorial erected in a cemetery on a lot, plot or part thereof, except private mausoleums. See N.Y. Vehicle & Traffic Law 1130
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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. Family Court Law 924
  • 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 & Traffic Law 308

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

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

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

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

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

  • Municipal: means a city, town, county, village, school district or special district as defined by section one hundred two of the real property tax law. See N.Y. Family Court Law 761
  • Municipality: shall mean any city, town or village within the state. See N.Y. Family Court Law 580-208
  • Municipality: shall mean any unit of local government within the state with a population of more than twenty thousand persons. See N.Y. Family Court Law 580-307
  • Municipality: shall mean the city, town or village in which a community development corporation conducts or proposes to conduct its activities. See N.Y. Family Court Law 353.4
  • mutual: when applied to a redevelopment company shall mean a redevelopment company which is a corporation operated exclusively for the benefit of the persons or families who are entitled to occupancy in a project of such redevelopment company by reason of ownership of shares in such redevelopment company. See N.Y. Family Court Law 320.2
  • Mutual aid agreement: means a written agreement, entered into by two or more ambulance services or advanced life support first response services possessing valid ambulance service or advanced life support first response service certificates or statements of registration, for the organized, coordinated, and cooperative reciprocal mobilization of personnel, equipment, services, or facilities for back-up or support upon request as required pursuant to a written mutual aid plan. See N.Y. New York City Administrative Code 8-205
  • NAHA: shall mean the national affordable housing act, 42 U. See N.Y. Family Court Law 651
  • 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. Family Court Law 766
  • Neglected child: means a child less than eighteen years of age

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

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

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

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

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

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

    the

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

  • Neighborhood preservation company: shall mean a corporation organized under the provisions of the not-for-profit corporation law which has been engaged primarily in one or more of the neighborhood preservation activities specified in subdivision five of this section. See N.Y. Family Court Law 580-208
  • New entrant: shall mean any teacher who is a member of the retirement system except a present teacher. See N.Y. New York City Administrative Code 27-2117
  • new motor vehicle: means a motor vehicle commonly classified as a passenger automobile, sport utility vehicle, light truck, pick up truck, van, minivan or suburban which meets any one or more of the following criteria:

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

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

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

  • New motor vehicle: means a vehicle sold or transferred by a manufacturer, distributor or dealer, which has not been placed in consumer use or used as a demonstrator. See N.Y. Vehicle & Traffic Law 462
  • New motor vehicle dealer: means a dealer who engages in the activities described in paragraph a of this subdivision if such activities relate to new motor vehicles and if such dealer is party to a franchise, as the terms "new motor vehicle" and "franchise" are defined in section four hundred sixty-two of this title; provided, however, for purposes of this definition, a new motor vehicle shall include only those motor vehicles commonly classified as a passenger automobile, sport utility vehicle, light truck, pickup truck, van, minivan, or suburban, with a gross vehicle weight rating of ten thousand pounds or less, and shall not include (i) any such vehicle which has been converted for use as a tow truck, or (ii) a motor vehicle for which the current ownership document is a statement of acquisition issued pursuant to section four hundred twenty-nine of this title, a salvage certificate, salvage certificate of title, nonrepairable certificate, or similar document issued by any state or jurisdiction; or (iii) any motor vehicle commonly classified as a bus, school bus, garbage truck, marine trailer, tow truck, motorcycle, recreational vehicle, snowmobile, trailer, mobile home or construction equipment; and provided further that: (i) a dealer is a new motor vehicle dealer only with respect to those vehicles which are of the same make as those which that dealer is authorized to sell at that location pursuant to a valid franchise agreement; and (ii) a dealer is not acting as a new motor vehicle dealer when displaying, advertising, storing and/or demonstrating a new mobility vehicle. See N.Y. Vehicle & Traffic Law 415
  • New motor vehicle product: means any motor vehicle which is of the same line make of motor vehicle as those which the franchisor has authorized its existing franchised motor vehicle dealers to sell under the existing franchises between franchised motor vehicle dealers and the franchisor. See N.Y. Vehicle & Traffic Law 462
  • 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-residential property: shall mean any property which is not a multiple dwelling, and which is intended to be converted into a multiple dwelling, and which is under-utilized for commercial, industrial or other non-residential purposes. See N.Y. Family Court Law 580-105
  • Non-transplant organ: means an organ procured for education or research purposes. See N.Y. New York City Administrative Code 10-133
  • Nonpublic school: means any nonprofit elementary or secondary school in the State of New York, other than a public school, which (i) is providing instruction in accordance with article seventeen and section thirty-two hundred four of this chapter, (ii) has not been found to be in violation of Title VI Civil Rights Act of 1964, 78 Stat. See N.Y. Penal Law 55.10
  • Nonqualified withdrawal: shall mean a withdrawal from an account but shall not include:

    (a) a qualified withdrawal;

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

    (c) an unforeseeable emergency; or

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

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

    a. See N.Y. Penal Law 70.02

  • nonsectarian burial society: means a corporation or unincorporated association or society having among its activities or its former activities the provision of burial benefits for its members and not supervised or controlled by a religious corporation. See N.Y. Vehicle & Traffic Law 1130
  • Notice: means information given by an institution as required by this article. See N.Y. Vehicle & Traffic Law 426
  • Notice of violation: means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-a of this chapter, or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, twenty-one, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter. See N.Y. Vehicle & Traffic Law 239
  • Nurse practitioner: means a nurse practitioner certified pursuant to section sixty-nine hundred ten of the education law who is practicing in accordance with subdivision three of section sixty-nine hundred two of the education law. See N.Y. New York City Administrative Code 7-626
  • Nurse practitioner: means a nurse practitioner certified pursuant to section sixty-nine hundred ten of the education law who is practicing in accordance with subdivision three of section sixty-nine hundred two of the education law. See N.Y. New York City Administrative Code 7-501
  • Nursing home: means a facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. See N.Y. New York City Administrative Code 3-710.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • obligor: includes the obligor of a bond as defined in clause (a) of paragraph one of this section; the obligor of an obligation, interests in which are evidenced by a bond as defined in clause (b) of paragraph one of this section; and the owner of any property securing any bond or any such obligation. See N.Y. Vehicle & Traffic Law 2105
  • occupancy date: shall mean the date defined in the contract for a loan pursuant to this article between the owner of an existing multiple dwelling and a municipality as the date upon which such multiple dwelling is to be deemed ready for occupancy, or if such term is not defined in such contract, the date of issuance of the temporary certificate of occupancy. See N.Y. Family Court Law 427
  • Office: means in the case of a bank or trust company its principal office, in the case of a safe deposit company, investment company or mutual trust investment company, its principal place of business and in the case of a foreign corporation the place of business designated in its license or its authorization pursuant to article five-C of this chapter, as the case may be, for the oldest agency or branch in this state of such foreign corporation. See N.Y. New York City Administrative Code 27-728
  • Office: shall mean the office of general services. See N.Y. Family Court Law 773
  • Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Family Court Law 911
  • Officer: shall mean the health commissioner of a city of fifty thousand population and over or of a county or part-county health district, or the state district health officer, in whose jurisdiction a hotel or motel is located or any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter. See N.Y. Family Court Law 924
  • officer: as used in this article , means a commissioned officer, a commissioned warrant officer or a warrant officer. See N.Y. Vehicle & Traffic Law 111
  • Operate: means to ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way. See N.Y. Vehicle & Traffic Law 2401
  • Operation as emergency vehicle: shall mean the operation or parking of an authorized emergency ATV, police or civil defense ATV, including attendant equipment, displaying emergency lights as provided in section twenty-four hundred six of this article and which ATV is engaged in transporting a sick or injured person to the nearest medical facility or appropriate site for transfer to an ambulance as defined in article thirty of the public health law, transporting emergency medical services, personnel and equipment to sick or injured persons, pursuing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or other emergency but shall not include returning from such service. See N.Y. Vehicle & Traffic Law 2401
  • Operator: means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service. See N.Y. New York City Administrative Code 8-205
  • Operator: means any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle with or without the permission of the owner, and an owner who operates his own vehicle. See N.Y. Vehicle & Traffic Law 239
  • Operator: means every person who operates or is in actual physical control of an ATV. See N.Y. Vehicle & 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

  • Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-626
  • Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. New York City Administrative Code 7-501
  • Order of examination: means an order issued to an appropriate director by a criminal court wherein a criminal action is pending against a defendant or by a court evaluating the capacity of an alleged violator in a parole revocation proceeding pursuant to subparagraph (xii) of paragraph (f) of subdivision three of section two hundred fifty-nine-i of the executive law, or by a family court pursuant to section 322. See N.Y. New York City Administrative Code 27-740
  • Organ: means a human kidney, heart, heart valve, lung, pancreas, liver or any other organ designated by the commissioner in regulation in consultation with the transplant council. See N.Y. New York City Administrative Code 10-133
  • Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See N.Y. New York City Administrative Code 27-728
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Other business entity: means any person other than a natural person, general partnership (including any registered limited liability partnership or registered foreign limited liability partnership) or domestic limited partnership. See N.Y. Vehicle & Traffic Law 1274
  • 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 mean a person having record title in fee simple to real property or the lessee thereof under a lease having an unexpired term of at least thirty years. See N.Y. Family Court Law 427
  • Owner: shall mean an individual, partnership, corporation or other entity, including a non-profit company, a mutual company, or a housing development fund company, which holds record title in fee simple to the existing multiple dwelling to be rehabilitated or the non-residential property to be converted into a multiple dwelling and the real property upon which it is situate or to vacant land upon which the new multiple dwelling is to be constructed. See N.Y. Family Court Law 580-105
  • Owner: means any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time of the issuance of a notice of violation in any city in which a vehicle is operated:

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

    (2) has title to such vehicle; or

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

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

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

  • Owner: means a person, partnership or corporation which operates a self-service storage facility, an agent, or any other person authorized by the owner to manage the facility or to receive storage fees from an occupant under an occupancy agreement. See N.Y. Uniform Commercial Code 3-205
  • Owner: means a person, other than a lienholder, having the property in or title to a vehicle. See N.Y. Vehicle & Traffic Law 2101
  • Owner: means any person having a title to an ATV. See N.Y. Vehicle & Traffic Law 2401
  • 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 section one hundred seven 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: as used in this article means any person entitled to possession of the lost property as against the finder and against any other person who has made a claim. See N.Y. Vehicle & Traffic Law 1809-C
  • owner of a lot: means any person having a lawful title to the use of a niche, crypt, lot, plot or part thereof, in a cemetery, mausoleum or columbarium. See N.Y. Vehicle & Traffic Law 1130
  • Parent: means a legal resident of the state of New York with a New York taxable income of under five thousand dollars who is a parent, stepparent, adoptive parent and the spouse of an adoptive parent of a pupil enrolled in a nonpublic school, or a resident with such taxable income standing in loco parentis to such pupil. See N.Y. Penal Law 55.10
  • Parent: means the birth or adoptive parent, the guardian, or person otherwise authorized to make a contract of enrollment for a child. See N.Y. Family Court Law 1039-B
  • parent: shall mean a person in parental relation to a child, as that phrase is defined in subdivision ten of section two of this chapter. See N.Y. Penal Law 178.25
  • Parent: means a person who is recognized under the laws of the state of New York to be the child's legal parent. See N.Y. Family Court Law 1012
  • Parent: means a parent who has custody of the minor. See N.Y. New York City Administrative Code 7-501
  • 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: means a health care provider that is one of the health care providers that comprise the ACO. See N.Y. New York City Administrative Code 8-122
  • Participating jurisdiction: shall mean a unit of general local government designated by HUD to receive HOME funds through a formula allocation. See N.Y. Family Court Law 651
  • Partner: means a limited or general partner. See N.Y. Vehicle & Traffic Law 1274
  • Partnership agreement: means any written agreement of the partners as to the affairs of a limited partnership and the conduct of its business. See N.Y. Vehicle & Traffic Law 1274
  • Partnership interest: means : (i) a partner's share of the profits and losses of a limited partnership; and (ii) a partner's right to receive distributions. See N.Y. Vehicle & Traffic Law 1274
  • passenger: means a person or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides TNC prearranged trips to the passenger in the TNC vehicle between points chosen by the passenger. See N.Y. Vehicle & Traffic Law 1691
  • Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-626
  • Patient: shall mean a patient eighteen years of age or older. See N.Y. New York City Administrative Code 8-116
  • Patient: means a person admitted to a hospital. See N.Y. New York City Administrative Code 7-501
  • Pediatric care: means medical care provided to neonates, infants, toddlers, preschoolers, school agers, and adolescents. See N.Y. New York City Administrative Code 8-1008
  • 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. New York City Administrative Code 27-701
  • Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. New York City Administrative Code 27-2117
  • Pension reserve: shall mean the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. New York City Administrative Code 27-2117
  • Perfected concurring petition: means a concurring petition timely executed by two-thirds of the members of the receiving house. See N.Y. Uniform Commercial Code 2-209
  • Perfected joint petition: means a joint petition timely executed by two-thirds of the members of each house. See N.Y. Uniform Commercial Code 2-209
  • Permanency hearing: means an initial hearing or subsequent hearing held in accordance with the provisions of this article for the purpose of reviewing the foster care status of the respondent and the appropriateness of the permanency plan developed by the commissioner of social services or the office of children and family services. See N.Y. Family Court Law 301.2
  • Permanency hearing: means a hearing held in accordance with section one thousand eighty-nine of this act for the purpose of reviewing the foster care status of the child and the appropriateness of the permanency plan developed by the social services district or agency. See N.Y. Family Court Law 1012
  • Permanent record: shall mean a permanent, written record of a determination and the criminal history information maintained by the department. See N.Y. New York City Administrative Code 7-203
  • Person: means any natural person, partnership, corporation, company, trust, association or other entity, however organized. See N.Y. New York City Administrative Code 27-715
  • Person: means any individual, corporation, partnership, or legal entity of any kind, or a governmental agency, board or body. See N.Y. New York City Administrative Code 9-101
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-110
  • Person: means any natural person, firm, corporation, partnership, limited liability company, entity, joint venture, association or organization. See N.Y. Vehicle & Traffic Law 415
  • Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Family Court Law 1024
  • Person: shall mean an individual, corporation, partnership, joint venture, or any business entity. See N.Y. New York City Administrative Code 9-143
  • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Family Court Law 1036
  • Person: means any individual or entity. See N.Y. Penal Law 187.00
  • person: when used herein with reference to the holder of any right alleged to exist against a person in military service, or against a person secondarily liable under such right, shall include individuals, partnerships, corporations, and any other forms of business association. See N.Y. Vehicle & Traffic Law 127
  • Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or state or local government agency. See N.Y. New York City Administrative Code 3-406
  • Person: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle & Traffic Law 2101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal entity. See N.Y. Vehicle & Traffic Law 426
  • person: shall 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 section one hundred seven 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 natural person, partnership, limited partnership (domestic or foreign), limited liability company (domestic or foreign), trust, estate, custodian, nominee, association, corporation or any other individual or entity in its own or any representative capacity. See N.Y. Vehicle & Traffic Law 1274
  • Person connected with the case: means the patient, any person on the surrogate list, a parent or guardian of a minor patient, the hospital administrator, an attending physician, any other health or social services practitioner who is or has been directly involved in the patient's care, and any duly authorized state agency, including the facility director or regional director for a patient transferred from a mental hygiene facility and the facility director for a patient transferred from a correctional facility. See N.Y. New York City Administrative Code 7-626
  • Person 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 care services: means services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health. See N.Y. New York City Administrative Code 9-117
  • Personal emergency response service: shall mean (i) the provision and maintenance of electronic communication equipment in the home of an individual which signals a monitoring agency for help when activated by the individual, or after a period of time if a timer mechanism has not been reset; (ii) the continuous monitoring of such signals by a trained operator and, in case of receipt of such signal,

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

  • Personal property: All property that is not real property.
  • Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise and household items. See N.Y. Uniform Commercial Code 3-205
  • Persons of low income: shall mean those persons and families whose incomes do not exceed eighty percent of the median income for the metropolitan statistical area in which a project is located. See N.Y. Family Court Law 580-307
  • Persons of low income: shall mean individuals and families whose annual incomes do not exceed ninety per cent of the median annual income for all residents of the region within which they reside or a larger area encompassing such region for which median annual income can be determined. See N.Y. Family Court Law 580-312
  • Persons of low income: shall mean those persons and families whose incomes do not exceed ninety percent of the area median income for the county in which a project is located as calculated by the United States department of housing and urban development. See N.Y. Family Court Law 661
  • persons or families of low income: shall mean "persons of low income" or "families of low income" as defined in section two of this chapter, whose probable aggregate annual income during the period of occupancy does not exceed six times the rental (including the value or cost to them of heat, light, water and cooking fuel) of dwelling units occupied by such persons or families in existing multiple dwellings aided by a loan pursuant to this article, except that in the case of persons or families with three or more dependents, such ratio shall not exceed seven to one, and except further that the income limitations prescribed by this paragraph shall be subject to the provisions of subdivision two of section four hundred three of this article. See N.Y. Family Court Law 427
  • pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect, rodent, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or animals. See N.Y. Family Court Law 1048
  • pet cremated remains: means ashes and/or other residue recovered after the completion of cremation of any domestic animal that has been adapted or tamed to live in intimate association with people

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

  • Petition: means a document distributed by the secretary or clerk of the initiating house to the members thereof transmitting the request of a member or members of such house for the convening of an extraordinary session. See N.Y. Uniform Commercial Code 2-209
  • Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. New York City Administrative Code 27-925
  • 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. Family Court Law 761

  • Physician: means a person licensed to practice medicine in the state of New York including a person authorized to practice medicine in a federal medical facility in the state. See N.Y. New York City Administrative Code 9-105
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of the education law. See N.Y. New York City Administrative Code 9-150
  • physician assistant: means a person who is licensed as a physician assistant pursuant to section sixty-five hundred forty-one of the education law. See N.Y. New York City Administrative Code 9-150
  • Place of business: means a designated location at which the business of the dealer is conducted, and, in relation to a retail dealer, facilities for displaying new or used motor vehicles. See N.Y. Vehicle & Traffic Law 415
  • Place of business: shall mean the main or permanent branch office or local address of the seller. See N.Y. Vehicle & Traffic Law 2286
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: shall mean agency, urban renewal area and urban renewal plan, respectively, as defined in article fifteen of the general municipal law. See N.Y. Family Court Law 353.4
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pole trailer: means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. See N.Y. Vehicle & Traffic Law 2101
  • Potential testimony: means information or factual knowledge of a person who is or may be available as a witness. See N.Y. New York City Administrative Code 27-709
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preferred lender list: shall mean a list of one or more recommended or suggested lending institutions that a covered institution makes available for use, in print or any other medium or form, by borrowers, potential borrowers or others. See N.Y. Penal Law 60.21
  • present sale: means a sale which is accomplished by the making of the contract. See N.Y. Uniform Commercial Code 2-106
  • Present teacher: shall mean any teacher who was a teacher on or before the first day of August, nineteen hundred twenty-one, whose membership in the retirement system created by this article has been continuous and

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

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

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

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

  • Presentment agency: means the agency or authority which pursuant to section two hundred fifty-four or two hundred fifty-four-a is responsible for presenting a juvenile delinquency petition. See N.Y. Family Court Law 301.2
  • President: means the president of the New York state higher education services corporation. See N.Y. Family Court Law 834
  • President: shall mean the president of the corporation. See N.Y. New York City Administrative Code 27-881
  • President: shall mean the president of the New York state higher education services corporation. See N.Y. Penal Law 60.02
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary care: means the health care fields of family practice, general pediatrics, primary care internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification, provided by a health care provider acting within his, her, or its lawful scope of practice. See N.Y. New York City Administrative Code 8-122
  • Primary care medical training program: means a graduate medical education training program in New York state defined by the commissioner, in consultation with the council, pursuant to regulations, as providing appropriate training in primary care medicine. See N.Y. Family Court Law 834
  • Primary care physician: means a physician specialist in the field of family practice, general pediatrics, primary care internal medicine or primary care obstetrics and gynecology; who provides coordinated primary care services. See N.Y. Family Court Law 834
  • Primary care practitioner: means a midwife, nurse practitioner, or physician assistant who is licensed or certified to practice in New York state and who provides or arranges for coordinated primary care services. See N.Y. Family Court Law 834
  • Primary care practitioner program: means a full or part-time graduate, undergraduate or certificate course of study, approved or registered by the regents or a program registered by the department of education or determined by the department of education to be the equivalent required to practice as a licensed or certified primary care practitioner. See N.Y. Family Court Law 834
  • Primary territory: means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport. See N.Y. New York City Administrative Code 8-205
  • Principal: means a person who has executed a health care proxy. See N.Y. New York City Administrative Code 7-606
  • Private club: means an organization with no more than an insignificant portion of its membership comprised of people under the age of eighteen years that regularly receives dues and/or payments from its members for the use of space, facilities and services. See N.Y. Family Court Law 1024
  • Private investor: shall mean one or more banking organizations, foundations, labor unions, credit unions, employers' associations, veterans'

    organizations,

    colleges,

    universities,

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

  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. New York City Administrative Code 27-943
  • probable aggregate annual income: means the annual income of the chief wage earner of the family, plus all other income of other members of the family over the age of twenty-one years, plus a proportion of income of gainfully employed members under the age of twenty-one years, the proportion to be determined by the agency. See N.Y. Family Court Law 427
  • Probate: Proving a will
  • 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. Vehicle & Traffic Law 1274
  • procurement activity: means any activity which is necessary for the procurement of organs or tissue for transplantation, research, education, therapy, fertilization, or autologous purposes including solicitation, retrieval, donor selection and testing, clinical laboratory testing, including typing, preservation, transportation, allocation, distribution, storage, and payment activities. See N.Y. New York City Administrative Code 10-133
  • procurement organization: means a person, facility, or institution engaged in procuring organs for transplantation or therapy purposes, but does not include (a) facilities or institutions which permit procurement activities to be conducted on their premises by employees or agents of an approved organ procurement organization, or (b) facilities or consortia of facilities which conduct transplantation activities in accordance with article twenty-eight of this chapter when the organ is procured through an approved organ procurement organization, licensed bank or storage facility, or a living donor. See N.Y. New York City Administrative Code 10-133
  • Professional: means an individual duly authorized to practice a profession, a professional service corporation, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign limited liability partnership, a foreign professional service corporation or a professional partnership. See N.Y. Uniform Commercial Code 7-201
  • Professional: means an individual duly authorized to practice a profession, a professional service corporation, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign limited liability partnership, a foreign professional service corporation or a professional partnership. See N.Y. Uniform Commercial Code 7-307
  • Professional partnership: means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership without limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a professional service within this state. See N.Y. Uniform Commercial Code 7-201
  • Professional partnership: means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership without limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a professional service within this state; except that all partners of a professional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying,

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

  • Professional service: means any type of service to the public that may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Uniform Commercial Code 7-201
  • Professional service: means any type of service to the public that may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Uniform Commercial Code 7-307
  • Professional service corporation: means (i) a corporation organized under article fifteen of the business corporation law and (ii) any other corporation organized under the business corporation law or under any other predecessor statute, which is authorized by, or holds a license, certificate, registration or permit issued by, the licensing authority pursuant to the education law to render professional services within this state. See N.Y. Uniform Commercial Code 7-201
  • Professional service corporation: means (i) a corporation organized under article fifteen of the business corporation law and (ii) any other corporation organized under the business corporation law or any predecessor statute, which is authorized by, or holds a license, certificate, registration or permit issued by, the licensing authority pursuant to the education law to render professional services within this state. See N.Y. Uniform Commercial Code 7-307
  • Professional service limited liability company: means a limited liability company organized under this article. See N.Y. Uniform Commercial Code 7-201
  • Professional service limited liability company: means a limited liability company organized under article twelve of this chapter. See N.Y. Uniform Commercial Code 7-307
  • program: shall mean a proposal by an eligible applicant for a specific work or series of works for the revitalization and improvement of an eligible area through the creation, preservation or improvement of residential housing units; local commercial facilities; public facilities or other aspects of the area environment. See N.Y. Family Court Law 661
  • Program: shall mean the New York first home savings program established pursuant to this article. See N.Y. Family Court Law 713
  • Program: shall mean the New York state college choice tuition savings program established pursuant to this article. See N.Y. Penal Law 70.02
  • Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Family Court Law 713
  • Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Penal Law 70.02
  • Program year: shall mean the calendar year. See N.Y. Vehicle & Traffic Law 391
  • programs: shall mean a series of activities by an eligible applicant to administer funds to provide either loans or grants to homeowners and renters and to oversee the adaptation or retrofitting of eligible properties. See N.Y. Family Court Law 656
  • project: shall mean , with respect to an educational facilities capital plan, (a) the performance, at a specified educational facility, of one or more program elements, as defined in paragraph a, b, c or d of subdivision two of section twenty-five hundred ninety-p of this article; or (b) the performance of the program elements defined in paragraphs f and g of such subdivision or any system replacement identified in paragraph e of such subdivision. See N.Y. Penal Law 178.25
  • Project: shall mean a non-profit capital development project invested with a public interest, including facilities incidental or appurtenant thereto and all lands, buildings and improvements acquired, owned, constructed, maintained or operated pursuant to this article, or any combination thereof. See N.Y. Family Court Law 353.4
  • projects: shall mean a specific work or series of works for the revitalization and improvement of a neighborhood through creation, preservation or improvement of residential housing units; preservation or improvement of local commercial facilities and public facilities or other aspects of the area environment which include as part of its project the creation, preservation or improvement of residential housing units. See N.Y. Family Court Law 580-307
  • promise: is a n undertaking to pay and must be more than an

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

  • proof of financial security: shall mean proof of ability to respond in damages for liability arising out of the ownership, maintenance or use of a motor vehicle as evidenced by an owner's policy of liability insurance, a financial security bond, a financial security deposit, or qualifications as a self-insurer under section three hundred sixteen of this chapter or, in the case of a non-resident, under self-insurance provisions of the laws of the jurisdiction of such non-resident. See N.Y. Vehicle & Traffic Law 311
  • 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. Vehicle & Traffic Law 1809-C
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective employee: shall mean any individual, not currently an employee, who files an application for employment as an employee with a provider and the provider has a reasonable expectation to hire such individual as an employee. See N.Y. New York City Administrative Code 7-203
  • Protected individual: means a person who is the subject of an HIV related test or who has been diagnosed as having HIV infection, AIDS or HIV related illness. See N.Y. New York City Administrative Code 3-406
  • Provider: shall mean any residential health care facility licensed under article twenty-eight of this chapter; or any certified home health agency, licensed home care services agency or long term home health care program certified under article thirty-six of this chapter; or any adult home, enriched housing program or residence for adults licensed under article seven of the social services law. See N.Y. New York City Administrative Code 7-203
  • Psychiatric examiner: means a qualified psychiatrist or a certified psychologist who has been designated by a director to examine a defendant pursuant to an order of examination. See N.Y. New York City Administrative Code 27-740
  • Public building: means any building or portion thereof, other than a privately owned residential structure, public housing structure, police, fire or correction structure, constructed wholly or partially with state or municipal funds, whether tax funds, funds obtained through bond issues or grants or loans under any state law, which is likely to be used by physically handicapped persons, including, but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, transportation terminals and stations, factories, office buildings and business establishments. See N.Y. Family Court Law 761
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • public document: shall mean any final annual, biennial, regular, statutorily mandated or other report, study or multi-year plan issued by a state agency in multiple copies, which has been distributed to the public, except items issued strictly for administrative or operational purposes, inter-agency and intra-agency memoranda, drafts of reports, public service announcements, written opinions rendered in cases determined in the court of appeals, appellate divisions of the supreme court or any other court of record and any public documents or portions thereof that are compiled for law enforcement purposes and which, if disclosed, would interfere with law enforcement investigations or judicial proceedings, deprive a person of the right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures, other than routine techniques and procedures. See N.Y. Vehicle & Traffic Law 404-U*3
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publisher: means any publishing house, publishing firm, or publishing company that publishes textbooks and supplemental materials. See N.Y. Penal Law 70.45
  • Pupil: means a resident of the state of New York who has been enrolled full-time in a nonpublic school and whose parents' combined taxable income is less than five thousand dollars. See N.Y. Penal Law 55.10
  • Purchase: includes taking by sale, lease, mortgage, security

    interest, pledge, gift, or any other voluntary transaction

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

  • Purchase price: shall mean the total price paid or to be paid for the consumer goods or services, including all interest and service charges. See N.Y. Vehicle & Traffic Law 2286
  • qualified applicant: means a not-for-profit corporation under contract pursuant to article seventeen of this chapter or any other locally based organization which is either incorporated under the not-for-profit corporation law (or such law together with any other applicable law) or, if unincorporated, is not organized for the private profit or benefit of its members. See N.Y. Family Court Law 580-507
  • qualified bondholder: means any bondholder who (a) has acquired a bond by purchase before the default or the institution of proceedings which is the basis of an application under section two hundred eighty-six and in any event at least one year before the making of such application, unless such bondholder shall have been an original purchaser or (b) who has acquired a bond by gift or inheritance from a bondholder who acquired the same by purchase before the default or the institution of proceedings which is the basis of an application under section two hundred eighty-six and in any event at least six months before the making of such application; provided, however (a) that such bond was not purchased for the purpose of making such an application; (b) that the list of bondholders shall not be for the purpose of communicating with bondholders in the interests of an object other than the particular indenture securing the issue of bonds; and (c) that such petitioner has not within five years sold or offered for sale any list of stockholders of any corporation, or aided or abetted any person in procuring any stock list for any such purpose or sold or offered for sale any list of bondholders of any obligor or aided or abetted any person in procuring such a list for any such purpose. See N.Y. Vehicle & Traffic Law 2105
  • Qualified escrow fund: means an escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with paragraph (b) of subdivision two of section thirteen hundred ninety-nine-pp of this article. See N.Y. Family Court Law 1036
  • Qualified first home purchase expenses: shall mean monies applied for the purchase or construction of a house, townhouse, condominium or unit in a cooperative housing corporation within the state to be used as a primary residence of the account owner or designated beneficiary for a period of not less than two years after purchase. See N.Y. Family Court Law 713
  • Qualified higher education expenses: shall mean any qualified higher education expense included in section 529 of the Internal Revenue Code of 1986, as amended. See N.Y. Penal Law 70.02
  • Qualified medical and health personnel: means physicians, registered professional nurses and advanced emergency medical technicians competent in the management of patients requiring advanced life support care. See N.Y. New York City Administrative Code 8-205
  • Qualified psychiatrist: means , for the purposes of this article, a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or (b) is certified by the

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

  • Qualified residential housing: shall mean a house, townhouse, condominium or unit in a cooperative housing corporation within the state. See N.Y. Family Court Law 713
  • Qualified withdrawal: shall mean a withdrawal from an account to pay the qualified first home purchase expense of the account owner or designated beneficiary of the account. See N.Y. Family Court Law 713
  • Qualified withdrawal: shall mean a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account at an eligible educational institution. See N.Y. Penal Law 70.02
  • Quorum: The number of legislators that must be present to do business.
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of an attending physician, or the hospital. See N.Y. New York City Administrative Code 7-626
  • Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician or another person acting on behalf of the attending physician or the hospital. See N.Y. New York City Administrative Code 7-501
  • Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician or another person acting on behalf of the attending physician or the hospital. See N.Y. New York City Administrative Code 7-606
  • Receiving house: means the house to which is transmitted a certified copy of a petition timely executed by two-thirds of the members of the initiating house. See N.Y. Uniform Commercial Code 2-209
  • Recess: A temporary interruption of the legislative business.
  • Recombinant DNA: means DNA molecules which;

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

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

  • Recombinant DNA activity: means the possession of recombinant DNA by any person and any activity undertaken by any person for the production of recombinant DNA. See N.Y. New York City Administrative Code 9-101
  • Record: means any book, paper, map, photograph, or other information-recording device, regardless of physical form or characteristic, that is made, produced, executed, or received by any local government or officer thereof pursuant to law or in connection with the transaction of public business. See N.Y. New York City Administrative Code 27-685
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Vehicle & Traffic Law 426
  • Records retention and disposition schedule: means a list or other instrument describing records and their retention periods which is issued by the commissioner of education. See N.Y. New York City Administrative Code 27-685
  • 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
  • Region: shall mean those portions of the rural area of the state, as specified in the contract entered into pursuant to this article, within which housing and community renewal activities funded in part pursuant to this article are to be carried out. See N.Y. Family Court Law 580-312
  • Regional council: means a regional emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
  • Regional medical advisory committee: means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, basic life support providers, advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils. See N.Y. New York City Administrative Code 8-205
  • Regional trauma advisory committee: means a regional trauma advisory committee continued or established by this article. See N.Y. New York City Administrative Code 8-907
  • registered voter: shall mean an elector of the city of New York under the election law. See N.Y. Penal Law 178.25
  • Regular school year: means all of the months of the calendar year exclusive of July and August. See N.Y. Penal Law 55.10
  • Rehabilitation: shall mean the installation, replacement or repair of heating, plumbing, electrical and related systems, or elimination of conditions dangerous to human life or detrimental to health, including nuisances as defined in section three hundred nine of the multiple dwelling law, or other rehabilitation or improvement of existing multiple dwellings. See N.Y. Family Court Law 580-105
  • REIT: means a real estate investment trust as defined in section eight hundred fifty-six of the internal revenue code. See N.Y. New York City Administrative Code 11-601
  • 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
  • Release of confidential HIV related information: means a written authorization for disclosure of confidential HIV related information which is signed by the protected individual, or if the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual. See N.Y. New York City Administrative Code 3-406
  • Relevant market area: means :

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

  • religious burial society: means a corporation or unincorporated association or society having among its activities or its former activities the provision of burial benefits for its members and supervised or controlled by a religious corporation. See N.Y. Vehicle & Traffic Law 1130
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • 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.
  • Residence: shall mean a dwelling that the patient considers to be his or her home. See N.Y. New York City Administrative Code 8-116
  • Residential health care facility: means a residential health care facility as defined in subdivision three of section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 7-626
  • Residential health care facility: means a residential health care facility as defined in section twenty-eight hundred one of this chapter. See N.Y. New York City Administrative Code 9-117
  • Residential health care facility: means a nursing home or a facility providing health-related service. See N.Y. New York City Administrative Code 3-710.5
  • Residential mortgage loan: means a loan or agreement to extend credit, including the renewal, refinancing or modification of any such loan, made to a person, which loan is primarily secured by either a mortgage, deed of trust, or other lien upon any interest in residential real property or any certificate of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property. See N.Y. Penal Law 187.00
  • Respondent: means the person against whom a juvenile delinquency petition is filed pursuant to section 310. See N.Y. Family Court Law 301.2
  • Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. New York City Administrative Code 27-925
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restrictive placement: means a placement pursuant to section 353. See N.Y. Family Court Law 301.2
  • Retail dealer: means a dealer whose business consists in whole or in part of buying, selling or dealing in motor vehicles, motorcycles or trailers at retail. See N.Y. Vehicle & Traffic Law 415
  • Retention period: means the minimum length of time that must elapse before a record is eligible for disposition. See N.Y. New York City Administrative Code 27-685
  • Retirement allowance: shall mean the pension plus the annuity. See N.Y. New York City Administrative Code 27-2117
  • Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. New York City Administrative Code 27-2117
  • Retirement fund: shall mean the state teachers' retirement fund for public school teachers of the state of New York as created by chapter one hundred forty of the laws of nineteen hundred ten, chapter four hundred forty-nine of the laws of nineteen hundred eleven, chapter forty-four of the laws of nineteen hundred fourteen, chapter one hundred three of the laws of nineteen hundred nineteen and chapter one hundred sixty-one of the laws of nineteen hundred twenty-three. See N.Y. New York City Administrative Code 27-2117
  • Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. New York City Administrative Code 27-2117
  • Revenue sharing: shall mean any arrangement whereby a lending institution pays a covered institution or an affiliated entity or organization of such covered institution a percentage of the principal of each loan directed towards the lending institution from a borrower at the covered institution. See N.Y. Penal Law 60.21
  • RIC: means a regulated investment company as defined in section eight hundred fifty-one of the internal revenue code. See N.Y. New York City Administrative Code 11-601
  • Rural area of the state: shall mean cities, towns and villages having a population of less than twenty-five thousand. See N.Y. Family Court Law 580-312
  • school district: shall mean any common, union free, central, central high or city school district, or a board of cooperative educational services. See N.Y. Penal Law 160.10
  • Secondary party: means a drawer or endorser. See N.Y. Uniform Commercial Code 3-102
  • Secure detention facility: means a facility characterized by physically restricting construction, hardware and procedures. See N.Y. Family Court Law 301.2
  • Secure facility: means a residential facility in which the respondent may be placed under this article, which is characterized by physically restricting construction, hardware and procedures, and is designated as a secure facility by the division for youth. See N.Y. Family Court Law 301.2
  • Security agreement: means a written agreement which reserves or creates a security interest. See N.Y. Vehicle & Traffic Law 2101
  • Security interest: means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. See N.Y. Vehicle & Traffic Law 2101
  • self-insurer: shall mean a person who shall have been determined by the commissioner in accordance with section three hundred sixteen to be financially responsible. See N.Y. Vehicle & Traffic Law 311
  • Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
  • Seller: shall mean any person, partnership, corporation or association engaged in the the door-to-door sale of consumer goods or services. See N.Y. Vehicle & Traffic Law 2286
  • Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. New York City Administrative Code 27-2117
  • Service area: means the geographic area of service approved by the secretary of health and human services, or, in the absence of such approval, by the department. See N.Y. New York City Administrative Code 10-133
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shipper: means a person that enters into a contract of transportation with a carrier. See N.Y. Uniform Commercial Code 7-102
  • Shisha: means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe. See N.Y. Family Court Law 1024
  • short form: means an abbreviated version of the disclosure statement containing such information from the disclosure statement as the commissioner may require. See N.Y. Family Court Law 1039-B
  • Special event: shall mean an organized rally, race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested. See N.Y. Vehicle & Traffic Law 2401
  • Special mobile equipment: means a vehicle not designed for the transportation of persons or property upon a highway and only incidentally operated or moved over a highway, which if registered would be registered pursuant to schedule F of subdivision seven of section four hundred one of this chapter. See N.Y. Vehicle & Traffic Law 2101
  • specialist assistant: means a person who is registered pursuant to section sixty-five hundred forty-eight of the education law as a specialist assistant for a particular medical speciality as defined by regulations promulgated by the commissioner pursuant to section thirty-seven hundred eleven of this article. See N.Y. New York City Administrative Code 9-202
  • 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
  • State: shall mean the state of New York and any state board, bureau, commission, department, authority, division, officer or public benefit corporation. See N.Y. Family Court Law 761
  • state: when used in this article shall unless the context clearly indicates otherwise, mean any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada. See N.Y. Vehicle & Traffic Law 311
  • State: means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. See N.Y. Vehicle & Traffic Law 2101
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See N.Y. Vehicle & Traffic Law 1274
  • State agency: means any state department, officer, board, commission, agency, or a public authority or public benefit corporation at least one of whose members is appointed by the governor. See N.Y. Family Court Law 766
  • state agency: shall mean any state office, department, division, board, bureau, commission or corporation, provided, however, it shall not include the New York state legislature or any of its standing, special, select and joint committees, subcommittees and legislative commissions. See N.Y. Vehicle & Traffic Law 404-U*3
  • State aid: shall mean payments by the state to an eligible governmental entity in accordance with the provisions of this article. See N.Y. Vehicle & Traffic Law 391
  • State council: means the New York state emergency medical services council established pursuant to this article. See N.Y. New York City Administrative Code 8-205
  • State emergency medical advisory committee: means the state emergency medical advisory committee established by section three thousand two-a of this chapter. See N.Y. New York City Administrative Code 8-907
  • State emergency medical advisory committee: means the state emergency medical advisory committee established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
  • State emergency medical services council: means the state emergency medical services council established by section three thousand two of this chapter. See N.Y. New York City Administrative Code 8-907
  • State emergency medical services council: means the state emergency medical services council established under article thirty of this chapter. See N.Y. New York City Administrative Code 8-1008
  • State emergency medical services for children advisory committee: means the state emergency medical services for children advisory committee continued under this article. See N.Y. New York City Administrative Code 8-1008
  • State grant funds: shall mean any grants received from the state or any public benefit corporation for community development activities for the construction, rehabilitation or conservation of multiple dwellings. See N.Y. Family Court Law 580-105
  • State hospital review and planning council: means the state hospital review and planning council established by section twenty-nine hundred four of this chapter. See N.Y. New York City Administrative Code 8-907
  • state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 9-117
  • state hospital review and planning council: shall mean the public health and health planning council. See N.Y. New York City Administrative Code 10-112
  • State register: means the state register of historic places established pursuant to section 14. See N.Y. Family Court Law 766
  • State trauma advisory committee: means the state trauma advisory committee continued by this article. See N.Y. New York City Administrative Code 8-907
  • State trauma advisory committee: means the state trauma advisory committee continued under article thirty-B of this chapter. See N.Y. New York City Administrative Code 8-1008
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • storage facility: means any person or facility, which procures, stores or arranges for the storage of (a) non-transplant organs, or (b) tissue for transplantation, therapy, education, research, or fertilization purposes, including autologous procedures. See N.Y. New York City Administrative Code 10-133
  • 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.
  • Substantial renovation: shall mean a substantial modification of an existing building and shall include but not be limited to additions, alterations, and reconstruction as determined pursuant to regulations promulgated by the office pursuant to this article. See N.Y. Family Court Law 773
  • 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. Family Court Law 911
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: shall mean the superintendent of financial services of this state. See N.Y. Vehicle & 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. Penal Law 70.45
  • 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

  • Supplier: means any person who provides collectibles to a dealer specifically for the purposes of re-sale. See N.Y. New York City Administrative Code 27-715
  • 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

  • Surrogate: means the person selected to make a health care decision on behalf of a patient pursuant to section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
  • Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. New York City Administrative Code 27-943
  • Surrogate: means the person selected to make a decision regarding resuscitation on behalf of another person pursuant to section twenty-nine hundred sixty-five of this article. See N.Y. New York City Administrative Code 7-501
  • Surrogate list: means the list set forth in subdivision one of section twenty-nine hundred ninety-four-d of this article. See N.Y. New York City Administrative Code 7-626
  • Surrogate list: means the list set forth in subdivision two of section twenty-nine hundred sixty-five of this article. See N.Y. New York City Administrative Code 7-501
  • Surviving corporation: means the constituent corporation into which one or more other constituent corporations are merged. See N.Y. Vehicle & Traffic Law 509-R
  • Tanning facility: shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, but shall not include any facility where any such device is used by a qualified health care professional for treatment of medical conditions. See N.Y. New York City Administrative Code 9-110
  • Tattoo: shall mean a mark on the body of a person made with indelible ink or pigments injected beneath the outer layer of the skin. See N.Y. Family Court Law 781
  • Tattoo studio: shall mean any premises in which the tattooist conducts such practice. See N.Y. Family Court Law 781
  • Tattooist: shall mean any person who applies a tattoo to the body of any other person. See N.Y. Family Court Law 781
  • Taxable income: means the amount of combined net taxable income, if any, of both parents computed in accordance with the provisions of section six hundred eleven of the tax law computed without the benefit of the modification of federal adjusted gross income for nonpublic school tuition pursuant to paragraph (14) of subsection (c) of section six hundred twelve of the tax law, for the year for which a tuition reimbursement payment is sought. See N.Y. Penal Law 55.10
  • 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. New York City Administrative Code 27-2117

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

    treatment,

    education,

    care

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

  • Temporary employee: shall mean any employee who has been temporarily approved for employment pending a determination by the department. See N.Y. New York City Administrative Code 7-203
  • Temporary 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. Vehicle & Traffic Law 1130
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • 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
  • Terminal condition: means an illness or injury from which there is no recovery, and which reasonably can be expected to cause death within one year. See N.Y. New York City Administrative Code 7-501
  • test: means any test that is given in New York at the expense of the test subject and designed for use and used in the process of selection for post-secondary or professional school admissions. See N.Y. New York City Administrative Code 27-998
  • Test agency: means any organization, association, corporation, partnership, or individual or person that develops, sponsors or administers a test. See N.Y. New York City Administrative Code 27-998
  • Test form: means the test booklet or instrument used for each part of each test. See N.Y. New York City Administrative Code 27-998
  • Test subject: means an individual to whom a test is administered. See N.Y. New York City Administrative Code 27-998
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Textbook: means any textbook that is adopted for a course, as determined by the faculty member or members or entity charged with choosing that textbook. See N.Y. Penal Law 70.45
  • this Act: means that chapter of the laws of 1997 which repealed former Article 8 of this code, added this article to this code, and made conforming amendments to provisions of other articles of this code. See N.Y. Uniform Commercial Code 8-601
  • this state: means the state of New York;

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

  • Tissue: means a human eye, skin, bone, bone marrow, heart valve, spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a fluid other than blood or a blood derivative. See N.Y. New York City Administrative Code 10-133
  • TNC: means a person, corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and is operating in New York state exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide TNC prearranged trips. See N.Y. Vehicle & Traffic Law 1691
  • TNC driver: means an individual who:

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

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

  • TNC vehicle: means a vehicle that is:

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

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

    (c) such term shall not include:

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Family Court Law 1024
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • transfer: includes sale, assignment, conveyance, deed and gift, and the term "agreement" includes promise and undertaking. See N.Y. Vehicle & Traffic Law 1684
  • Transport system: means an organized health care and transportation system to provide prehospital transport and interfacility transfer to critically ill or injured patients. See N.Y. New York City Administrative Code 8-907
  • Transportation company: as used in this article means the person carrying on a business of operating a transportation facility. See N.Y. Vehicle & Traffic Law 1809-C
  • Transportation facility: as used in this article means a railroad car or coach, Pullman car, street surface railroad car, subway car, motor bus, motor coach, taxicab, aircraft or steamship, and any other vehicle or conveyance used for carriage of persons whether or not such use is in the course of a business of transporting persons. See N.Y. Vehicle & Traffic Law 1809-C
  • 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. New York City Administrative Code 27-701
  • Trauma care: means health care provided to patients at high risk of death or disability from multiple and severe injuries. See N.Y. New York City Administrative Code 8-907
  • Trauma system: means an organized health care system to provide trauma care in, or en route to, from, or between general hospitals or other health care facilities. See N.Y. New York City Administrative Code 8-907
  • Traumatic brain injury: means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. See N.Y. New York City Administrative Code 3-311
  • Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Family Court Law 911
  • Treasury shares: means shares which have been issued, have been subsequently acquired, and are retained uncancelled by the corporation. See N.Y. New York City Administrative Code 27-728
  • trip: means the provision of transportation by a transportation network company driver to a passenger provided through the use of a TNC's digital network:

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

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

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

  • Trust 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. Vehicle & Traffic Law 2105
  • Trustee: A person or institution holding and administering property in trust.
  • trustee: includes any person to whom any property has been transferred as security for an issue; any person who is the obligee or holder of an obligation, interests in which are evidenced by a bond as defined in clause (b) of paragraph one of this section; and any person who, under the terms of a trust indenture, is granted rights or remedies which may be exercised for the benefit of bondholders. See N.Y. Vehicle & Traffic Law 2105
  • 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. Penal Law 55.10
  • Tuition savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Penal Law 70.02
  • Ultraviolet radiation device: shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See N.Y. New York City Administrative Code 9-110
  • under this part: shall be deemed references to petitions and proceedings initiated under section three hundred eighty-four-b of the social services law upon the ground that the child is a permanently neglected child. See N.Y. Family Court Law 611
  • Underserved area: means an area or medically underserved population designated by the commissioner pursuant to regulation, and in consultation with the respective health systems agency, as having a shortage of primary care physicians or primary care practitioners. See N.Y. Family Court Law 834
  • unencumbered: as used in this article , shall have the same meaning as in paragraph six of subsection (a) of section one thousand four hundred four of the insurance law. See N.Y. Family Court Law 360.3
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on "roll-your-own" tobacco containers. See N.Y. Family Court Law 1036
  • Unmerged company: shall mean a neighborhood preservation company that is not a merged company. See N.Y. Family Court Law 580-208
  • Unmerged corporation: shall mean a not-for-profit corporation that is not a merged corporation. See N.Y. Family Court Law 580-312
  • 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. Family Court Law 580-105
  • 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 & Traffic Law 239
  • Vehicle: means a vehicle as defined in section one hundred fifty-nine of this chapter except that it shall not include a device for which a registration is denied pursuant to section four hundred-a of this chapter and, except with respect to section twenty-one hundred two of this article, shall also mean a vessel as defined in section twenty-two hundred fifty of this chapter. See N.Y. Vehicle & Traffic Law 2101
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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. New York City Administrative Code 27-687
  • Video surveillance: has the meaning given to that term by section 700. See N.Y. New York City Administrative Code 27-709
  • Video surveillance warrant: means an order of a justice authorizing or approving video surveillance. See N.Y. New York City Administrative Code 27-687
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Voluntary advanced life support first response service: means advanced life support first response service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
  • Voluntary ambulance service: means an ambulance service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article. See N.Y. New York City Administrative Code 8-205
  • Warehouse: means a person engaged in the business of storing goods for hire. See N.Y. Uniform Commercial Code 7-102
  • 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

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Youth: means a person charged with a crime alleged to have been committed when he was at least sixteen years old and less than nineteen years old or a person charged with being a juvenile offender as defined in subdivision forty-two of section 1. See N.Y. New York City Administrative Code 27-722
  • Youthful offender finding: means a finding, substituted for the conviction of an eligible youth, pursuant to a determination that the eligible youth is a youthful offender. See N.Y. New York City Administrative Code 27-722