Article 130* General Provisions
Article 131 Medicine
Article 131-A Definitions of Professional Misconduct Applicable to Physicians, Physician’S Assistants and Specialist’S Assistants
Article 131-B Physician Assistants
Article 131-C Specialist Assistants
Article 132 Chiropractic
Article 133 Dentistry and Dental Hygiene
Article 134 Licensed Perfusionists
Article 135 Veterinary Medicine and Animal Health Technology
Article 136 Physical Therapy and Physical Therapist Assistants
Article 137 Pharmacy
Article 139 Nursing
Article 140 Professional Midwifery Practice Act
Article 141 Podiatry
Article 143 Optometry
Article 144 Ophthalmic Dispensing
Article 145 Engineering, Land Surveying and Geology
Article 147 Architecture
Article 148 Landscape Architecture
Article 149 Public Accountancy
Article 151 Shorthand Reporting
Article 153 Psychology
Article 154 Social Work
Article 155 Massage Therapy
Article 156 Occupational Therapy
Article 157 Dietetics and Nutrition
Article 159 Speech-Language Pathologists and Audiologists
Article 160 Acupuncture
Article 161 Interior Design
Article 162 Athletic Trainers
Article 163 Mental Health Practitioners
Article 164 Respiratory Therapists and Respiratory Therapy Technicians
Article 165 Clinical Laboratory Technology Practice Act.
Article 166 Medical Physics Practice
Article 167 Applied Behavior Analysis
Article 168 Licensed Pathologists’ Assistants

Terms Used In New York Laws > Education > Title 8

  • ABA: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See N.Y. Uniform Commercial Code 9-627
  • 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
  • Accused: shall mean a person accused of a violation who has not yet entered an institution's judicial or conduct process. See N.Y. Penal Law 415.00
  • Acid deposition: means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions, or lower than 5. See N.Y. New York City Administrative Code 19-108
  • Act: means the Federal Clean Air Act, 42 U. See N.Y. New York City Administrative Code 17-704.1
  • Administrator: means the administrator of the United States environmental protection agency. See N.Y. New York City Administrative Code 17-704.1
  • Adopter: means any faculty member or academic department at institutions of higher learning responsible for considering and choosing textbooks and/or supplemental materials to be utilized in connection with the accredited courses taught at institutions of higher education. See N.Y. Penal Law 70.45
  • Adoption: means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered, or any cat. See N.Y. Public Authorities Law 2422
  • 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
  • advertising: means all representations, other than the required label statements made in any manner or by any means relating to seed within the scope of this act. See N.Y. Tax Law 1202-E
  • AEM: means agricultural environmental management. See N.Y. Tax Law 1204
  • AEM plan: means a document prepared or approved by a certified AEM planner and accepted by a participating farmer which documents a course of action for the environmental management of a farm operation, including, but not limited to, measures to abate and control agricultural nonpoint source water pollution, air pollution and other adverse environmental impacts from farm operations through the implementation of best management practices, in a way which maintains the viability of the farm operation. See N.Y. Tax Law 1204
  • Air contaminant: means a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof. See N.Y. New York City Administrative Code 17-704.1
  • Air contamination: means the presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution. See N.Y. New York City Administrative Code 17-704.1
  • Air contamination source: means any source at, from or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes. See N.Y. New York City Administrative Code 17-704.1
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the state or throughout such areas of the state as shall be affected thereby; excluding however all conditions subject to the requirements of the Labor Law and Industrial Code. See N.Y. New York City Administrative Code 17-704.1
  • Animal: means cattle, swine, sheep, goats, horses and other large domesticated mammals. See N.Y. Public Authorities Law 1835-D
  • Animal: means any animal, domestic or feral, or any domesticated bird. See N.Y. Public Authorities Law 1837-C
  • Antique firearm: means :

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

  • Applicant: means that person making application to the department for a mining permit. See N.Y. New York City Administrative Code 20-234
  • approved program: means a program for the education of physician assistants which has been formerly approved by the department. See N.Y. Penal Law 480.25
  • approved program: means a program for the education of specialist assistants which has been approved by the department. See N.Y. Penal Law 490.01
  • Area of the state: means any county, city, town, village, or other geographical area of the state as may be designated by the department. See N.Y. New York City Administrative Code 17-704.1
  • Armor piercing ammunition: means any ammunition capable of being used in pistols or revolvers containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition, that is constructed entirely (excluding the presence of traces of other substances) from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or uranium. See N.Y. Penal Law 265.00
  • Assault weapon: means

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

    (i) a folding or telescoping stock;

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

    (iii) a thumbhole stock;

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

    (v) a bayonet mount;

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

    (vii) a grenade launcher; or

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

    (i) a folding or telescoping stock;

    (ii) a thumbhole stock;

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

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

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

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

    (i) a folding or telescoping stock;

    (ii) a thumbhole stock;

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

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

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

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

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

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

    (d) a revolving cylinder shotgun;

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

  • Assisted project: shall mean any project in respect of which the authority has granted a loan or guaranteed a loan. See N.Y. Public Authorities Law 1801
  • athletic trainer: means any person who is duly certified in accordance with this article to perform athletic training under the supervision of a physician and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord injuries, in a health care organization. See N.Y. Uniform Commercial Code 9-336
  • Attest: means providing the following public accountancy services which all require the independence of licensees:

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

  • auction: means a public sale of cattle, swine or horses to the highest bidder. See N.Y. Public Authorities Law 1824
  • auctioneer: means a person who sells, or makes a business of selling cattle, swine or horses, at auction. See N.Y. Public Authorities Law 1824
  • Authority: shall mean the New York job development authority created by subdivision one of section eighteen hundred two of this title. See N.Y. Public Authorities Law 1801
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. New York City Administrative Code 27-943
  • Automatic knife: includes a stiletto, a switchblade knife, a gravity knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife. See N.Y. Penal Law 265.00
  • baby chicks: as used in this article , means any domestic fowl under the age of six weeks. See N.Y. Uniform Commercial Code 9-320
  • balance sheet liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iv) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • Bank: means a bank, trust company, private banker, savings bank, savings and loan association, credit union, investment company organized under article twelve of this chapter and authorized to accept deposits, national bank, federal savings association, federal credit union, or out-of-state state bank, as such term is defined in subdivision two of section two hundred twenty-two of this chapter, having a principal, branch or trust office in this state. See N.Y. New York City Administrative Code 20-206
  • Best available control technology: means an emission limitation or equipment standard based on the maximum degree of reduction which the department determines is achievable on a case-by-case basis taking into account energy, economic, environmental and health impacts and other costs related to the source. See N.Y. New York City Administrative Code 19-108
  • Best management practices: means methods, measures or practices determined to be the most practical and effective in preventing or reducing the impact of pollutants generated by nonpoint sources to a level compatible with water quality standards established pursuant to section 17-0301 of this article. See N.Y. New York City Administrative Code 17-335
  • Beverage: means carbonated soft drinks, water, beer, other malt beverages and a wine product as defined in subdivision thirty-six-a of section three of the alcoholic beverage control law. See N.Y. New York City Administrative Code 20-320
  • Beverage container: means the individual, separate, sealed glass, metal, aluminum, steel or plastic bottle, can or jar used for containing less than one gallon or 3. See N.Y. New York City Administrative Code 20-320
  • Biological agent: means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of

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

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

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

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

  • Biological weapon: means any biological agent, toxin, vector, or delivery system or combination thereof. See N.Y. Penal Law 490.05
  • board: means the board of higher education of the city of New York. See N.Y. Penal Law 265.10
  • board: means the board of trustees of the state university of New York. See N.Y. New York City Administrative Code 27-2041
  • 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: means a facility siting board constituted pursuant to the provisions of section 27-1105 of this title. See N.Y. New York City Administrative Code 20-331
  • board of trustees: means the board of trustees of the city university of New York. See N.Y. Penal Law 260.05
  • Bottler: means a person, firm or corporation who:

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

  • Brand: means each commercial feed identified by and differing from others either in name, trademark, descriptive designation or other method or marking, composition or guaranteed analysis. See N.Y. Tax Law 1202-AA*3
  • brand: shall mean a term, name, design, or trademark used in connection with one or several grades of commercial fertilizer. See N.Y. Tax Law 1202-L*4
  • Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See N.Y. Tax Law 1202-AA*3
  • Buffer zone: means all that area outside and surrounding the underground gas storage reservoir which the department approves as appropriate to protect the integrity of the reservoir, no part of which shall be more than thirty-five hundred linear feet from the boundary thereof. See N.Y. New York City Administrative Code 19-186
  • Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. See N.Y. Penal Law 415.00
  • camelid: means the entire family of camelidae. See N.Y. Public Authorities Law 1824
  • Cane Sword: means a cane or swagger stick having concealed within it a blade that may be used as a sword or stilletto. See N.Y. Penal Law 265.00
  • cattle: means the entire family of bovidae. See N.Y. Public Authorities Law 1824
  • Cavity: means an open or partially open space left after a salt has been solution mined. See N.Y. New York City Administrative Code 19-186
  • Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
  • Charitable or nonprofit organization: means any organization which is exempt from federal or state income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. See N.Y. Public Authorities Law 1801
  • Chemical weapon: means the following, together or separately:

    (a) a toxic chemical or its precursors;

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

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

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

  • Chuka stick: means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by striking or choking. See N.Y. Penal Law 265.00
  • city: shall mean the city of New York. See N.Y. Penal Law 265.10
  • city university: means the city university of New York under the jurisdiction of the board of higher education of the city of New York. See N.Y. Penal Law 265.10
  • city university: shall mean the city university of New York, including each senior college and each community college. See N.Y. Penal Law 260.05
  • Claimant: when used in this article, means a purchaser or holder of a New York instrument. See N.Y. New York City Administrative Code 20-331
  • Clean alternative fuels: means fuels, for use in motor vehicles which meet the requirements of section 7511a(c)(4) of the Act. See N.Y. New York City Administrative Code 17-704.1
  • Clean fuel vehicle: means a vehicle in a class or category of vehicles which has been certified to meet, for any model year, the clean fuel vehicle standards for clean fuel vehicles specified in this article pursuant to section 7583 of the Act. See N.Y. New York City Administrative Code 17-704.1
  • Clerk: means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article. See N.Y. Public Authorities Law 2422
  • Clinic: shall mean a facility located either within or outside of a state university health care facility providing services related to the medical education mission of the university, but shall not include state university student health services. See N.Y. New York City Administrative Code 27-2007
  • Clinical: shall mean activities directly relating to the treatment or diagnosis of human ailments. See N.Y. Uniform Commercial Code 9-617
  • Coal: means bituminous coal, anthracite coal or lignite. See N.Y. New York City Administrative Code 19-108
  • Code of conduct: shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution. See N.Y. Penal Law 415.00
  • Commercial feed: means all materials except unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated within the meaning of subdivision one of section one hundred thirty-two of this article, which are distributed for use as feed or for mixing in feed, and includes pet food and specialty pet food. See N.Y. Tax Law 1202-AA*3
  • commercial fertilizer: shall mean any substances containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner. See N.Y. Tax Law 1202-L*4
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Public Authorities Law 1835-D
  • Commissioner: means the state commissioner of agriculture and markets. See N.Y. Public Authorities Law 2422
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Tax Law 1202-AA*3
  • Commissioner: means the commissioner of education of the state of New York. See N.Y. New York City Administrative Code 27-998
  • commissioner: means the commissioner of agriculture and markets. See N.Y. Tax Law 1202-L*4
  • commissioner: means the commissioner of agriculture and markets of the state of New York. See N.Y. Penal Law 496.07
  • Commissioner of finance: means the commissioner of finance of the city;

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

  • committee: means the state committee for perfusion created by section sixty-six hundred thirty-four of this article. See N.Y. Public Authorities Law 1811
  • committee: means the state committee for pathologists' assistants created by this article. See N.Y. Family Court Law 580-607
  • Common area: shall mean a portion of a multiple dwelling that is not within a dwelling unit and is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling. See N.Y. New York City Administrative Code 27-2056.2
  • community college: shall mean an institution of higher education in the city of New York, which is governed and administered as such, by the board of trustees on July first, nineteen hundred seventy-nine, whose primary purpose is providing certificate and associate degree post secondary programs in general and technical educational subjects, and is receiving financial assistance from the state as a community college. See N.Y. Penal Law 260.05
  • Community garden: shall mean public or private lands upon which citizens of the state have the opportunity to garden on lands which they do not individually own. See N.Y. Penal Law 400.01
  • Compilation: means providing a service that presents, in the form of financial statements, information that is the representation of the management or owners of the client without undertaking to express any assurance of the accuracy of the information in the statements, to be performed in accordance with standards, developed by a federal governmental agency, commission or board or a recognized international or national professional accountancy organization, that are acceptable to the department in accordance with the commissioner's regulations. See N.Y. Tax Law 1210-A
  • comptroller: shall mean the comptroller of the city of New York. See N.Y. Penal Law 265.10
  • comptroller: means the comptroller of the state of New York with respect to the state university or the appropriate fiscal officer with respect to other employers. See N.Y. New York City Administrative Code 27-2046.2
  • Comptroller: shall mean the comptroller of the state. See N.Y. Public Authorities Law 1801
  • Computerized test: means any test form administered to test subjects by means of a computer. See N.Y. New York City Administrative Code 27-998
  • Contaminant: means emerging contaminants pursuant to section eleven hundred twelve of the public health law, and, for solid waste sites, shall include parameters identified in regulations required to be tested by landfills to ensure the protection of groundwater quality. See N.Y. New York City Administrative Code 20-345
  • contributions for twenty-year amortization of nineteen hundred ninety senior college consolidated UAL and senior college remainder of BSL: shall mean all of the installments of contribution and contributions referred to in subdivisions 8-i to 8-n, inclusive, of this section which are required to be paid by the city and the state during the applicable twenty-year amortization period pursuant to section sixty-two hundred thirty-one of this article and the applicable provisions of subdivision bb of section 13-638. See N.Y. Penal Law 260.05
  • Corporation: means and includes all mutual savings banks, mutual savings and loan associations, mutual holding companies and credit unions. See N.Y. New York City Administrative Code 20-362
  • Corporation: shall mean the New York state higher education services corporation. See N.Y. New York City Administrative Code 27-881
  • Corporation: means the New York state environmental facilities corporation. See N.Y. New York City Administrative Code 20-331
  • county: shall mean any county in this state, except a county wholly within a city. See N.Y. Tax Law 1215
  • Covered fleet: means ten or more motor vehicles which are owned or operated by a single person in an area designated as being a severe ozone non-attainment area by the administrator pursuant to Title I of the Act. See N.Y. New York City Administrative Code 17-704.1
  • CPA: means any person who has received a license from the department or any other state as a certified public accountant for the practice of public accountancy. See N.Y. Tax Law 1210-A
  • crop seeds: include the seeds of grass, forage, cereal, field beans, and fiber crops, including "industrial hemp" as defined in section five hundred five of this chapter, or any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of such seeds. See N.Y. Tax Law 1202-E
  • curd: as used in this article applies to the substance otherwise known as "pot cheese" or "cottage cheese. See N.Y. Penal Law 470.00
  • Custom slaughtered meat: means meat from animals which have been slaughtered by a custom slaughterer for the owner exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees. See N.Y. Public Authorities Law 1835-D
  • Custom slaughterer: means a person, firm, corporation or association who or which operates a place or establishment where animals are delivered by the owner thereof for slaughter exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees, provided, that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat products of any animal. See N.Y. Public Authorities Law 1835-D
  • Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, including feed mixed from components supplied by the purchaser. See N.Y. Tax Law 1202-AA*3
  • dairy product: means all milk and milk products defined by the definitions and standards of identity promulgated pursuant to section forty-six-a of this chapter and such other food products derived from milk as the commissioner shall designate by regulation. See N.Y. Penal Law 496.07
  • Dangerous dog: means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. See N.Y. Public Authorities Law 2422
  • Dealer: means every person, firm or corporation who engages in the sale of beverages in beverage containers to a consumer for off premises consumption in this state. See N.Y. New York City Administrative Code 20-320
  • Dealer in firearms: means any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing

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

  • Decharacterization: means the uniform application of sufficient quantities of dye, charcoal, malodorous fish oil, acid, or any other agent approved by the commissioner upon and into the freely slashed flesh of meat or meat product not being rendered so as to unequivocally preclude its use for human food. See N.Y. Public Authorities Law 1837-C
  • deer: means any member of the family of cervidae. See N.Y. Public Authorities Law 1824
  • Default: means an adjudication or other official determination of a court of competent jurisdiction or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed for an insured institution for the purpose of liquidation. See N.Y. New York City Administrative Code 19-112
  • Delivery system: means :

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

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

  • Department: means the department of agriculture and markets. See N.Y. Public Authorities Law 1835-D
  • Department: means the department of agriculture and markets. See N.Y. Tax Law 1202-AA*3
  • Department: means the department of environmental conservation. See N.Y. New York City Administrative Code 19-186
  • Department: means the department of environmental conservation. See N.Y. New York City Administrative Code 20-320
  • Detection dog: means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. See N.Y. Public Authorities Law 2422
  • Deteriorated subsurface: shall mean an unstable or unsound painted subsurface, an indication of which can be observed through a visual inspection, including, but not limited to, rotted or decayed wood, or wood or plaster that has been subject to moisture or disturbance. See N.Y. New York City Administrative Code 27-2056.2
  • direction and supervision: means continuous direction and supervision, but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed. See N.Y. Family Court Law 580-607
  • director: as used in this article includes any of the persons having, by law, the direction or management of the affairs of a corporation, by whatever name described. See N.Y. New York City Administrative Code 20-355
  • Director: means any member of the governing board of a corporation, whether designated as director, trustee, manager, governor or by any other title; the term "board" means "board of directors. See N.Y. New York City Administrative Code 20-362
  • Disguised gun: means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun. See N.Y. Penal Law 265.00
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-275
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-297.7
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-331
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. New York City Administrative Code 20-351
  • Disposal plant: means the premises or place where bodies, carcasses or portions thereof of dead, dying, diseased, disabled or condemned animals or inedible meat are received and held for the purpose of burning, processing or rendering or otherwise obtaining the hides, skins, grease or meat therefrom in any manner whatsoever. See N.Y. Public Authorities Law 1837-C
  • Dispose of: means to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of. See N.Y. Penal Law 265.00
  • Distribute: means to offer for sale, sell, exchange, or barter commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder. See N.Y. Tax Law 1202-AA*3
  • distribute: means to offer for sale, sell, barter, exchange or otherwise supply commercial fertilizers. See N.Y. Tax Law 1202-L*4
  • Distributor: means any person who distributes. See N.Y. Tax Law 1202-AA*3
  • Distributor: means any person, firm or corporation which engages in the sale or offer for sale of beverages in beverage containers to a dealer. See N.Y. New York City Administrative Code 20-320
  • distributor: means any person who distributes and includes, but is not limited to, manufacturing plants, blending plants and bulk storage facilities. See N.Y. Tax Law 1202-L*4
  • District: means a county soil and water conservation district created pursuant to section five of the soil and water conservation districts law. See N.Y. New York City Administrative Code 17-335
  • Dog: means any member of the species canis familiaris. See N.Y. Public Authorities Law 2422
  • Dog control officer: means any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article. See N.Y. Public Authorities Law 2422
  • Domestic animal: means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. See N.Y. Public Authorities Law 2422
  • Dormitory facilities revenue fund: means the fund established pursuant to section sixteen hundred eighty-q of the public authorities law. See N.Y. New York City Administrative Code 27-2007
  • Dormitory facilities revenues: means all moneys, including rents, fees and charges, derived from the use or occupancy of dormitory facilities. See N.Y. New York City Administrative Code 27-2007
  • Dormitory facility: means a dormitory, as such term is defined in paragraph (a) of subdivision two of section sixteen hundred seventy-six of the public authorities law. See N.Y. New York City Administrative Code 27-2007
  • Drinking water contamination site: means any area or site that is causing or substantially contributing to the contamination of one or more public drinking water supplies. See N.Y. New York City Administrative Code 20-345
  • Drinking water response account: means the account established pursuant to subdivision one of section ninety-seven-b of the state finance law. See N.Y. New York City Administrative Code 20-345
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. See N.Y. Tax Law 1202-AA*3
  • ear tag: means a unique, tamper-resistant device which, when affixed to the ears of cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Public Authorities Law 1824
  • electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. Penal Law 265.10
  • electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. New York City Administrative Code 27-2041
  • electing employer: means a community college which elects to offer the optional retirement program as herein provided. See N.Y. New York City Administrative Code 27-2041
  • Electronic dart gun: means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile. See N.Y. Penal Law 265.00
  • Electronic stun gun: means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person. See N.Y. Penal Law 265.00
  • Eligible business facility: shall mean any type of business facility to be used or occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state, and includes, but is not limited to, industrial or manufacturing plants, facilities for research and development purposes, facilities for conducting wholesale, receiving and distributing operations, facilities for conducting office operations, warehousing operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. See N.Y. Public Authorities Law 1801
  • eligible employees: means members of the instructional staffs of the colleges administered by the board of higher education in the city of New York pursuant to the provisions of article one hundred twenty-five of the education law, who are employed in the following titles: president, dean, director, professor, associate professor, assistant professor, instructor, tutor, fellow, lecturer, librarian, associate librarian, assistant librarian, library assistant, registrar, assistant registrar, registrar's assistant, principal, first assistant, supervisor, assistant teacher, critic teacher, teacher, college science assistant, college science technician, college engineering technician, and any other members of the instructional staffs of such colleges as defined in section sixty-two hundred six, subdivision 1b of the education law, and such other titles as the board in its discretion may add thereto, by reason of their close relationship to the educational purposes required to carry on the functions of the city university. See N.Y. Penal Law 265.10
  • eligible employees: means those employees in positions requiring the performance of educational functions in teacher education, agriculture, home economics, forestry, ceramics, liberal and applied arts and sciences, engineering, technical skills, crafts, business education, labor and industrial relations, medicine, dentistry, veterinary medicine, pharmacy, nursing, law, public affairs, maritime officer training, academic administration, library service, student activities, student personnel service and other professions required to carry on the work of the state university and the colleges, schools, institutes, research centers, facilities and institutions comprising it and of the community colleges. See N.Y. New York City Administrative Code 27-2041
  • Emission: means the release of acid deposition precursors into the atmosphere from any facility or stationary source. See N.Y. New York City Administrative Code 19-108
  • emission reduction credit: means the actual decrease in emissions of a regulated air contaminant in tons per year. See N.Y. New York City Administrative Code 17-704.1
  • employee: means a person employed by the state university, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. New York City Administrative Code 27-2046.2
  • employer: means the state university of New York, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. New York City Administrative Code 27-2046.2
  • Entertainment: means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show. See N.Y. New York City Administrative Code 27-606
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-275
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-297.7
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-331
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. New York City Administrative Code 20-351
  • Environmental threshold value: means a deposition rate, expressed in kilograms of sulfate per hectare per year, at which no significant damaging chemical or biological effects of acid deposition have been reported, and above which there is high probability that such effects would occur. See N.Y. New York City Administrative Code 19-108
  • Established price: means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission. See N.Y. New York City Administrative Code 27-606
  • event: shall mean a theatrical production or sporting event, as those terms are defined in this subdivision, or any other public exhibition, game, show, contest or performance which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. New York City Administrative Code 27-593
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See N.Y. New York City Administrative Code 27-605
  • Facility: means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:

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

  • facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more which burns fossil fuel. See N.Y. New York City Administrative Code 19-108
  • Farm dressed meat: means meat from animals slaughtered by a bona fide farmer who, as an incident of such farm operation, slaughters his own domestic animals on his own premises exclusively for use, in his household, by him and members of his household and his non-paying guests and employees. See N.Y. Public Authorities Law 1835-D
  • Farm products: means any agricultural, dairy or horticultural product or any product designed or intended for human consumption or prepared principally from an agricultural, dairy or horticultural product. See N.Y. Public Authorities Law 1801
  • Federal agency: shall mean the United States of America, and any officer, department, board, commissioner, bureau, division, corporation, agency or instrumentality thereof. See N.Y. Public Authorities Law 1801
  • Federal inspection: means the meat inspection maintained by the United States department of agriculture. See N.Y. Public Authorities Law 1835-D
  • Federal inspection: means the poultry and poultry products inspection maintained by the United States department of agriculture. See N.Y. Public Authorities Law 2406
  • Feed: means all edible materials which are consumed by animals and contribute energy or nutrients to the animal's diet. See N.Y. Tax Law 1202-AA*3
  • Feed ingredient: means each of the constitutent materials making up a commercial feed. See N.Y. Tax Law 1202-AA*3
  • Fertilizer: means the same as "specialty fertilizer" as defined in section one hundred forty-three of the agriculture and markets law. See N.Y. New York City Administrative Code 17-701
  • Field: means the general area underlaid by one or more pools. See N.Y. New York City Administrative Code 19-186
  • Final auction price: shall mean the price paid for a single ticket by a winning bidder. See N.Y. New York City Administrative Code 27-606
  • Final control target: means a limitation, expressed in terms of fuel sulfur content or equivalent emissions reductions, that will reduce the New York state share of total measured or estimated wet sulfate deposition in sensitive receptor areas by the percentage derived according to the following formula:

    (Total measured or estimated New York's contribution to

    wet sulfate deposition) minus total measured or esti-

    (Environmental threshold value) mated wet sulfate deposition,

    X

    _______________________________ expressed as a percentage

    Total measured or estimated

    wet sulfate deposition

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

  • fire retired employee: shall mean any person who was retired for service on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred and sixty-three, or retired for disability on or after April eighth, nineteen hundred sixty and prior to May first, nineteen hundred sixty-four and receives, as a result of such retirement, a retirement allowance or pension from a retirement or pension system or plan of the city for members of the uniformed force of the fire department. See N.Y. New York City Administrative Code 13-671
  • Firearm: means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. See N.Y. Penal Law 265.00
  • Firearm silencer: means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms. See N.Y. Penal Law 265.00
  • Firm: means a domestic or foreign entity organized as a sole proprietorship, a professional service corporation, a partnership, a professional service limited liability company, a foreign professional service limited liability company, a registered limited liability partnership, a foreign registered limited liability partnership, or any other form of organization that is established for the business purpose of lawfully engaging in the practice of public accountancy. See N.Y. Tax Law 1210-A
  • flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state. See N.Y. Tax Law 1202-E
  • Foreign corporation: means a non-stock corporation which is licensed by the superintendent under the provisions of article two of this chapter to do business in this state or is applying for such license and a non-stock corporation authorized to conduct business in this state pursuant to article five-C of this chapter or is applying for such authorization. See N.Y. New York City Administrative Code 20-362
  • foreign dairy product: means any dairy product produced, processed or manufactured outside the United States. See N.Y. Penal Law 496.07
  • Fund: when used in this article, means the state transmitter of money insurance fund as provided for in this article. See N.Y. New York City Administrative Code 20-331
  • Fund: means the oil and gas fund as established in section eighty-three-a of the state finance law. See N.Y. New York City Administrative Code 19-186
  • Fund: means the state savings and loan insurance fund created by section four hundred twenty-a of this article. See N.Y. New York City Administrative Code 19-112
  • Game or wild game: means any deer or big game, or portions thereof, as defined in section 11-0103 of the environmental conservation law, taken by lawful hunting. See N.Y. Public Authorities Law 1801
  • Garden: shall mean a piece or parcel of land appropriate for the cultivation of herbs, fruits, flowers, nuts, honey, poultry for egg production, maple syrup, ornamental or vegetable plants, nursery products, or vegetables. See N.Y. Penal Law 400.01
  • Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. New York City Administrative Code 19-186
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See N.Y. New York City Administrative Code 27-605
  • grade: shall mean the percentages of total nitrogen, available phosphoric acid and soluble potash stated in the order and form required in the guaranteed analysis. See N.Y. Tax Law 1202-L*4
  • Gravity knife: means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device. See N.Y. Penal Law 265.00
  • guaranteed analysis: shall mean a statement of the minimum percentage of plant nutrients claimed expressed in the order and form provided in section one hundred forty-four hereof. See N.Y. Tax Law 1202-L*4
  • Guide dog: means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Public Authorities Law 2422
  • Gunsmith: means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun. See N.Y. Penal Law 265.00
  • 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

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

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

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

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

  • Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. See N.Y. New York City Administrative Code 20-297.7
  • Hearing dog: means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Public Authorities Law 2422
  • Holder: when used in this article, means a person, other than a purchaser, who is either (i) in possession of a New York instrument and is the named payee thereon, or (ii) in possession of a New York instrument issued or endorsed to him or bearer or in blank; provided, however, that no person who is in possession of a lost, stolen or forged New York instrument or who is in possession of a New York instrument by virtue of the fact that he is the surety on a bond required by subdivision one of section six hundred forty-three of this chapter or is a receiver or trustee, whether in bankruptcy or otherwise, for an uninsured transmitter of money shall be deemed a "holder" thereof. See N.Y. New York City Administrative Code 20-331
  • horse: means the entire family of equidae. See N.Y. Public Authorities Law 1824
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of the public health law and authorized to employ physician assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. Penal Law 480.25
  • hospital: means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of the public health law and authorized to employ specialist assistants in accordance with rules and regulations of the public health and health planning council. See N.Y. Penal Law 490.01
  • hybrid: means the first generation of a cross produced under controlled pollination. See N.Y. Tax Law 1202-E
  • Identification tag: means a tag issued by the licensing municipality which sets forth an identification number, together with the name of the municipality, the state of New York, contact information, including telephone number, for the municipality and such other information as the licensing municipality deems appropriate. See N.Y. Public Authorities Law 2422
  • Identified dog: means any dog carrying an identification tag as provided in section one hundred eleven of this article. See N.Y. Public Authorities Law 2422
  • Immediate family member: means a spouse, child, sibling, parent, grandparent, or grandchild. See N.Y. New York City Administrative Code 20-264*2
  • Inactive hazardous waste disposal site: means any area or structure used for the long term storage or final placement of hazardous waste including, but not limited to, dumps, landfills, lagoons and artificial treatment ponds, as to which area or structure no permit or authorization issued by the department or a federal agency for the disposal of hazardous waste was in effect after the effective date of this title and any inactive area or structure on the National Priorities List established under the authority of 42 U. See N.Y. New York City Administrative Code 20-351
  • Inactive hazardous waste disposal site remedial program: means activities undertaken to eliminate, remove, abate, control or monitor health and/or environmental hazards or potential hazards in connection with inactive hazardous waste disposal sites or to treat or dispose of wastes and waste contaminated materials from such sites including, but not limited to, grading, contouring, trenching, grouting, capping, excavation, transporting, incineration, chemical treatment, biological treatment or construction of leachate collection and treatment facilities. See N.Y. New York City Administrative Code 20-351
  • Individual: means a natural person. See N.Y. New York City Administrative Code 20-264*2
  • Industrial hazardous waste: shall mean an industrial waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

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

  • Inedible meat: means meat and meat products derived from dead, dying, disabled, diseased or condemned animals, and meat or meat products, regardless of origin, which are adulterated within the meaning of section two hundred of this chapter. See N.Y. Public Authorities Law 1837-C
  • Inspection legend: means a mark or a statement authorized by the provisions of the federal law, on a carcass, meat, meat by-product, or meat food product indicating the product has been inspected and passed. See N.Y. Public Authorities Law 1835-D
  • Institution: shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York. See N.Y. Penal Law 415.00
  • Institution 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
  • Insured: means a person who enters into a premium finance agreement with a premium finance agency or makes and delivers a premium finance agreement to, or to the order of, an insurance agent or broker, whether or not he is insured under an insurance contract, premiums for which are advanced or to be advanced under the premium finance agreement. See N.Y. New York City Administrative Code 20-206
  • Insured account: means a savings account held by an insured member and which is insured under the provisions of this article. See N.Y. New York City Administrative Code 19-112
  • insured member: means a savings and loan association whose application for membership in the fund has been accepted and approved; and which has made all payments required by this article; and whose membership has not been terminated. See N.Y. New York City Administrative Code 19-112
  • Insured savings and loan association: means an association whose accounts are insured under this article. See N.Y. New York City Administrative Code 19-112
  • insurer: shall mean a life insurance corporation, or other corporation subject to supervision by the department of financial services of the state of New York. See N.Y. Penal Law 265.10
  • insurer: shall mean a life insurance corporation, or other corporation subject to department of financial services supervision. See N.Y. New York City Administrative Code 27-2041
  • insurer: means a life insurance corporation or other corporation subject to department of financial services supervision. See N.Y. New York City Administrative Code 27-2046.2
  • Interim control target: means a limitation, expressed in terms of fuel sulfur content, that achieves a level of sulfur deposition reduction that is approximately forty per centum of the final control target. See N.Y. New York City Administrative Code 19-108
  • 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
  • kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See N.Y. Tax Law 1202-E
  • Kung Fu star: means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown. See N.Y. Penal Law 265.00
  • Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See N.Y. Tax Law 1202-AA*3
  • label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See N.Y. Tax Law 1202-L*4
  • Labeling: means any and all labels and other written, printed or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed. See N.Y. Tax Law 1202-AA*3
  • labeling: refers to statements written or imprinted on the seed container itself or on a tag or label securely attached to it as specified in the label requirements of this law. See N.Y. Tax Law 1202-E
  • labelling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers. See N.Y. Tax Law 1202-L*4
  • land affected by mining: means the sum of that surface area of land or land under water which: (i) has been disturbed by mining since April first, nineteen hundred seventy-five and not been reclaimed, and (ii) is to be disturbed by mining during the term of the permit to mine. See N.Y. New York City Administrative Code 20-234
  • Landfill: means a disposal facility or part of a facility where solid waste, including hazardous waste, is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well. See N.Y. New York City Administrative Code 20-297.7
  • Large capacity ammunition feeding device: means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or * (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition

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

  • 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
  • lawyer: shall mean an attorney or counselor governed by article fifteen of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. New York City Administrative Code 27-965
  • Lead-based paint: shall mean paint or other similar surface coating material containing 1. See N.Y. New York City Administrative Code 27-2056.2
  • Lead-based paint hazard: shall mean any condition in a dwelling or dwelling unit that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. See N.Y. New York City Administrative Code 27-2056.2
  • Lead-contaminated dust: shall mean dust containing lead at a mass per area concentration of 40 or more micrograms per square foot on a floor, 250 or more micrograms per square foot on window sills, and 400 or more micrograms per square foot on window wells, or such more stringent standards as may be adopted by the department of health and mental hygiene. See N.Y. New York City Administrative Code 27-2056.2
  • Lead-contaminated dust clearance test: shall mean a test for lead-contaminated dust on floors, window wells, and window sills in a dwelling, that is made in accordance with section 27-2056. See N.Y. New York City Administrative Code 27-2056.2
  • leak: means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use. See N.Y. New York City Administrative Code 17-324
  • Least emissions dispatch: means the utilization of the cleanest facility or other stationary source on a priority basis so that less clean facilities or stationary sources are operated at full capacity only when need arises. See N.Y. New York City Administrative Code 19-108
  • Lending institution: means a bank or a lender licensed pursuant to article nine of this chapter. See N.Y. New York City Administrative Code 20-206
  • lessor: means a banking organization, foreign banking corporation or a national banking association authorized to engage in the safe deposit business. See N.Y. New York City Administrative Code 17-321
  • lettuce: means iceberg type lettuce. See N.Y. Uniform Commercial Code 9-103
  • License: when used in this article means any license duly issued by the superintendent pursuant to the provisions of article nine, nine-A, eleven-B, twelve-B, twelve-C, twelve-D or thirteen-B of this chapter or any registration certificate issued by the superintendent pursuant to the provisions of article twelve-D of this chapter. See N.Y. New York City Administrative Code 20-311
  • licensed casher of checks: means any individual, partnership, unincorporated association or corporation duly licensed by the superintendent of financial services to engage in business pursuant to the provisions of this article. See N.Y. New York City Administrative Code 17-350
  • Licensee: when used in this article means any person issued a license. See N.Y. New York City Administrative Code 20-311
  • Licensee: means any person who has licensed a commercial feed manufacturing facility pursuant to section one hundred twenty-eight-a of this article. See N.Y. Tax Law 1202-AA*3
  • licensee: shall mean a person whose license, pursuant to section one hundred forty-six hereof, has been issued by the commissioner and is still in effect. See N.Y. Tax Law 1202-L*4
  • licensee: means a licensed casher of checks, drafts and/or money orders. See N.Y. New York City Administrative Code 17-350
  • Licensing officer: means in the city of New York the police commissioner of that city; in the county of Nassau the commissioner of police of that county; in the county of Suffolk the sheriff of that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown, the commissioner of police of that county; for the purposes of section 400. See N.Y. Penal Law 265.00
  • Liquefied natural or petroleum gas facility: means any structure or facility which is used for the storage or confinement of liquefied natural or petroleum gas, or for the conversion of liquefied natural or petroleum gas into natural gas. See N.Y. New York City Administrative Code 20-206
  • Loaded firearm: means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm. See N.Y. Penal Law 265.00
  • Loan: shall mean (i) a mortgage loan evidenced by a bond, note or other obligation of a local development corporation secured by a mortgage on a project, defined in subdivision fourteen (i) and (ii) of this section, made by a local development corporation, a project occupant or other person, firm or corporation; (ii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a loan agreement, contract or such other instrument deemed necessary or

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

  • Loan guarantee: shall mean the guaranteeing by the authority of a loan made by a banking organization on a project as defined in subdivision fourteen of this section. See N.Y. Public Authorities Law 1801
  • Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing, under this article, provided that such individual does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. See N.Y. New York City Administrative Code 20-264*2
  • Local development corporation: shall mean a non-profit corporation incorporated or reincorporated under the laws of this state, regardless of its particular name, which shall meet the additional requirements of section eighteen hundred twenty-five of this title. See N.Y. Public Authorities Law 1801
  • local sponsor: means any city, county, intermediate school district, or school district approved by the board, sponsoring or participating in the establishment or operation of a community college. See N.Y. New York City Administrative Code 27-2041
  • lot: means a definite quantity of seed which is identified by a lot number or other mark, and which has been so handled that each portion or container is representative of the whole quantity. See N.Y. Tax Law 1202-E
  • Low-level radioactive waste: means radioactive material that:

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

  • Machine-gun: means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun. See N.Y. Penal Law 265.00
  • Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See N.Y. New York City Administrative Code 20-297.7
  • Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See N.Y. Tax Law 1202-AA*3
  • Manufacturing plant: shall include a plant used in connection with making, creating,

    working,

    preparing,

    processing,

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

  • Material support or resources: means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. See N.Y. Penal Law 490.05
  • mayor: shall mean the mayor of the city of New York. See N.Y. Penal Law 260.05
  • Meat: means the edible part of the muscle of cattle, swine, sheep, goats, horses and other large domesticated animals which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See N.Y. Public Authorities Law 1835-D
  • Meat: means the entire bodies, carcasses or portions thereof of animals or birds. See N.Y. Public Authorities Law 1837-C
  • Meat by-product: means any edible part other than meat which has been derived from cattle, swine, sheep, goats, horses and other large domesticated animals. See N.Y. Public Authorities Law 1835-D
  • Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any animal, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See N.Y. Public Authorities Law 1835-D
  • Meat label: means a display of written, printed, or graphic matter authorized by the provisions of the federal law on a container indicating the meat, meat by-products, or meat food products contained therein have been inspected and passed. See N.Y. Public Authorities Law 1835-D
  • Medical physics: shall mean the branch of physics limited to the field of radiological physics. See N.Y. Uniform Commercial Code 9-617
  • Metal knuckle knife: means a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife. See N.Y. Penal Law 265.00
  • Mine: means any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the department. See N.Y. New York City Administrative Code 20-234
  • Mined land-use plan: means a document, consisting of a mining plan and a reclamation plan, which describes proposals for conduct of the applicant's mining operation and reclamation of the land to be mined to achieve the purposes of this title. See N.Y. New York City Administrative Code 20-234
  • Mineral: means any naturally formed, usually inorganic, solid material located on or below the surface of the earth. See N.Y. New York City Administrative Code 20-234
  • Mining: means the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. See N.Y. New York City Administrative Code 20-234
  • Mining plan: means a description of the applicant's mining operation which shall include maps, plans, written materials and other documents as required by the department. See N.Y. New York City Administrative Code 20-234
  • Mitigation: means the investigation, sampling, management, or treatment of a solid waste site or drinking water contamination site required to ensure the availability of safe drinking water, including public water systems and individual onsite water supply systems necessary to meet standards, criteria, and guidance values established by the department or drinking water standards, including maximum contaminant levels, notification levels, maximum residual disinfectant levels, or action levels established by the department of health that can be successfully carried out with available, implementable and cost-effective technology. See N.Y. New York City Administrative Code 20-345
  • mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See N.Y. New York City Administrative Code 17-350
  • mortgage: shall include housing loans as defined below. See N.Y. Public Authorities Law 2402
  • mortgage banker: shall mean a person or entity who or which is licensed pursuant to section five hundred ninety-one of this chapter to engage in the business of making mortgage loans in this state;

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

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

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

  • Mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage or deed of trust on residential real property, any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property or, if determined by the superintendent by regulation, shall include such a loan secured by a security interest on a manufactured home;

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

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

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

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

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

    (i) takes a residential mortgage loan application; or

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

  • Municipal corporation: means a county, city, town or village or an entity designated to act on behalf of such. See N.Y. New York City Administrative Code 17-335
  • Municipality: means any county, town, city and village. See N.Y. Public Authorities Law 2422
  • Municipality: means any town, city, county or village. See N.Y. New York City Administrative Code 20-331
  • Municipality: shall mean any county, town, village, city, school district, board of cooperative educational services, other special district, or any office or agency thereof. See N.Y. Penal Law 400.01
  • Municipality: shall mean any county, city, town or village in the state. See N.Y. Public Authorities Law 1801
  • Natural gas: means natural or petroleum gas in a non-liquid or gaseous state, whether under pressure or otherwise, and whether or not the product of conversion from liquefied natural gas or liquefied petroleum gas. See N.Y. New York City Administrative Code 20-206
  • New York instrument: means a money order, check, draft or other instrument or document for the transmission or payment of money, or which evidences an obligation for the transmission or payment of money, or which evidences the purchase or deposit of funds for the purchase of any such instrument or document, sold in New York, but shall not include a New York traveler's check. See N.Y. New York City Administrative Code 20-331
  • nineteen hundred eighty unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of items (i), (ii), (iii), (iv) and (v) of subparagraph (c) of paragraph (3) of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be paid as a charge or applied as a credit, as the case may be, pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • nineteen hundred eighty-two unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of item (vi) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • non-agricultural turf: means any non-crop land area that is covered by any grass species. See N.Y. New York City Administrative Code 17-701
  • Non-conforming facility: means a liquefied natural or petroleum gas facility in actual use and operation on September first, nineteen hundred seventy-six which is exempted from the requirements of section 23-1707 but is subject to the requirements of section 23-1719. See N.Y. New York City Administrative Code 20-206
  • Nonpoint source: means any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to title seven or eight of this article. See N.Y. New York City Administrative Code 17-335
  • Nontraditional mortgage product: means , for purposes of this article, any mortgage product other than a thirty-year fixed rate mortgage. See N.Y. New York City Administrative Code 20-264*2
  • Not-for-profit organization: means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the department of law, a religious corporation as defined in section sixty-six of the general construction law, a trustee as defined in section 8-1. See N.Y. New York City Administrative Code 27-606
  • noxious weed seeds: includes seeds of bindweed (Convolvulus arvensis), quackgrass (Elytrigia repens), Canada thistle (Cirsium arvense), bedstraw (Galium spp. See N.Y. Tax Law 1202-E
  • noxious weeds: means any living stage (including but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in this state, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation. See N.Y. Uniform Commercial Code 9-110
  • nursery: means the grounds and premises, private or public, on or in which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business and shall include grounds or premises owned, leased or managed by the state or any agency of the state government, and the owner or operator of such business shall be a "nursery grower"; provided, however, that the term "nursery grower" shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business. See N.Y. Uniform Commercial Code 9-110
  • NYCERS nineteen hundred eighty-five unfunded accrued liability adjustment attributable to the senior colleges: shall mean the total amount which is determined pursuant to the provisions of sub-items (H), (I), (J) and (J-1) of item (vii) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit in favor of the city of New York and the state of New York with respect to their required contributions to the contingent reserve fund of the New York city employees' retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • NYCTRS nineteen hundred eighty-five unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph ten of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-1 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • NYCTRS nineteen hundred eighty-six unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph eleven of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-2 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Penal Law 260.05
  • Obscene sexual performance: means any performance which, for purposes of section 263. See N.Y. Penal Law 263.00
  • Office: shall mean the office of community gardens. See N.Y. Penal Law 400.01
  • official backtag: means a unique device which, when affixed to cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Public Authorities Law 1824
  • Official sample: means a sample of feed taken by the commissioner or his authorized agent in accordance with the provisions of section one hundred thirty-five-a of this article. See N.Y. Tax Law 1202-AA*3
  • official sample: means any sample of commercial fertilizer taken by the commissioner or his agent in accordance with section one hundred forty-six-a hereof and designated as "official" by the commissioner. See N.Y. Tax Law 1202-L*4
  • Officially recognized: means recognized and designated by the laws or regulations of any state, the United States, any province of Canada, or the government of any foreign country wherein said seeds were produced, except that if said seeds are produced in New York state, section one hundred forty-one shall govern. See N.Y. Tax Law 1202-E
  • offset: means emission reductions or emission reduction credits which are required to be obtained by an air contamination source in order to obtain approval for a permit to construct a new air contamination source, or modify an existing air contamination source, in a non-attainment area pursuant to Title I of the Act. See N.Y. New York City Administrative Code 17-704.1
  • Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas. See N.Y. New York City Administrative Code 19-186
  • Operating permit: means a permit issued pursuant to section 19-0311 of this article. See N.Y. New York City Administrative Code 17-704.1
  • Operator: means any person who leases, operates, controls or supervises a facility. See N.Y. New York City Administrative Code 17-324
  • Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See N.Y. New York City Administrative Code 27-606
  • optional retirement program: means the retirement program established pursuant to this article. See N.Y. Penal Law 265.10
  • optional retirement program: means the retirement program established pursuant to this article. See N.Y. New York City Administrative Code 27-2041
  • Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See N.Y. New York City Administrative Code 20-362
  • Originating entity: means a person or entity licensed or registered pursuant to article twelve-D of this chapter or such other employer of mortgage loan originators as the superintendent may approve. See N.Y. New York City Administrative Code 20-264*2
  • Overburden: means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. See N.Y. New York City Administrative Code 20-234
  • Owner: means any person who has legal or equitable title to a facility. See N.Y. New York City Administrative Code 17-324
  • Owner: means any person who harbors or keeps any dog. See N.Y. Public Authorities Law 2422
  • Owner: means the person who has the right to drill into and produce from a pool or a salt deposit and to appropriate the oil, gas or salt he produces either for himself or others, or for himself and others. See N.Y. New York City Administrative Code 19-186
  • owner: shall 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 of record: means the person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. See N.Y. Public Authorities Law 2422
  • packaged foreign dairy product: means a foreign dairy product which is enclosed in a container or wrapper (including a shipping container or wrapping used for the transportation of such product in bulk or quantity to manufacturers, packers, processors, or to wholesale or retail distributors) or which although not so enclosed has written, printed, or graphic matter pertaining to such foreign dairy product affixed or attached. See N.Y. Penal Law 496.07
  • Part: means each portion of a test for which a score is calculated. See N.Y. New York City Administrative Code 27-998
  • Peeling: shall mean that the paint or other surface-coating material is curling, cracking, scaling, flaking, blistering, chipping, chalking or loose in any manner, such that a space or pocket of air is behind a portion thereof or such that the paint is not completely adhered to the underlying surface. See N.Y. New York City Administrative Code 27-2056.2
  • percentage: means the percentage by weight. See N.Y. Tax Law 1202-L*4
  • percentage of germination: means the percentage of seeds, other than hard seeds, which are capable of producing normal seedlings under favorable conditions. See N.Y. Tax Law 1202-E
  • percentage of hard seed: means the percentage of seeds which are incapable of sprouting promptly because their outer structures are impermeable to water. See N.Y. Tax Law 1202-E
  • Performance: means any play, motion picture, photograph or dance. See N.Y. Penal Law 263.00
  • perfusion: means the provision of extracorporeal or intracorporeal patient care services to support or replace the circulatory or respiratory function of a patient, including the administration of pharmacological and therapeutic agents, and blood products, and the management, treatment and monitoring of the physiological status of a patient during the operation of extracorporeal circulation equipment or intracorporeal equipment that replaces or support circulatory or respiratory functions. See N.Y. Public Authorities Law 1811
  • perfusionist: means a person who is licensed to practice perfusion pursuant to this article. See N.Y. Public Authorities Law 1811
  • Permit: means an environmental safety permit issued by the department pursuant to this title. See N.Y. New York City Administrative Code 20-206
  • Permittee: means any person who holds a valid mining permit from the department for the boundaries of the land identified in the mined land-use plan. See N.Y. New York City Administrative Code 20-234
  • Person: means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See N.Y. New York City Administrative Code 20-206
  • Person: means any person, firm, corporation, or association. See N.Y. Public Authorities Law 1835-D
  • Person: means an individual or any corporation, company, limited liability company, partnership, association or other entity. See N.Y. New York City Administrative Code 20-264*2
  • Person: means any person, firm, corporation, or association. See N.Y. Public Authorities Law 2406
  • person: shall mean an individual, firm, company, partnership, corporation, trust or association. See N.Y. New York City Administrative Code 27-593
  • Person: means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. See N.Y. Public Authorities Law 2422
  • Person: means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See N.Y. New York City Administrative Code 17-704.1
  • Person: means any person, firm, partnership, corporation or association. See N.Y. Tax Law 1202-AA*3
  • Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. New York City Administrative Code 20-234
  • Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state or federal government, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity. See N.Y. New York City Administrative Code 20-275
  • Person: means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any department, agency or instrumentality of the state or any of its governmental subdivisions. See N.Y. New York City Administrative Code 19-186
  • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. See N.Y. New York City Administrative Code 20-297.7
  • person: shall include any individual, partnership, corporation, company, society, or association. See N.Y. Tax Law 1202-E
  • person: includes individual, partnership, association, firm or corporation. See N.Y. Tax Law 1202-L*4
  • Person: means any individual, public or private corporation, political subdivision, government agency, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. New York City Administrative Code 20-331
  • Person: means an individual, trust, firm, joint stock company, limited liability company, corporation, joint venture, partnership, association, state, municipality, commission, political subdivision of a state, public benefit corporation or any interstate body. See N.Y. New York City Administrative Code 20-351
  • person: 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 engaged in mining: means a person who is subject to this title but who is mining without a mining permit issued by the department. See N.Y. New York City Administrative Code 20-234
  • Person with a disability: means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. See N.Y. Public Authorities Law 2422
  • Pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See N.Y. Tax Law 1202-AA*3
  • Pet food: means any commercial feed prepared and distributed for consumption by pets. See N.Y. Tax Law 1202-AA*3
  • Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See N.Y. New York City Administrative Code 27-925
  • Petroleum: means :

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

  • Phosphorus fertilizer: means fertilizer in which the available phosphate (P205) content is greater than 0. See N.Y. New York City Administrative Code 17-701
  • Physical injury: means impairment of physical condition or substantial pain. See N.Y. Public Authorities Law 2422
  • Physical structure: means the place of entertainment, or in the case where a structure either partially or wholly surrounds the place of entertainment, such surrounding structure. See N.Y. New York City Administrative Code 27-606
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this chapter. See N.Y. Penal Law 480.25
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this chapter. See N.Y. Penal Law 490.01
  • physician: means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this title. See N.Y. Family Court Law 580-607
  • physician assistant: means a person who is licensed as a physician assistant pursuant to this article. See N.Y. Penal Law 480.25
  • Pilum ballistic knife: means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife. See N.Y. Penal Law 265.00
  • Place of business: means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers. See N.Y. New York City Administrative Code 20-320
  • place of entertainment: shall mean a theatre, dinner theatre, hall, coliseum, convention center, arena, auditorium, stadium, concert hall, garden, outdoor space or other place of amusement operated as a for profit entity and located in this state in which theatrical productions, sporting events or other events are presented. See N.Y. New York City Administrative Code 27-593
  • Place of entertainment: means any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged. See N.Y. New York City Administrative Code 27-606
  • Plant: shall mean real property, the buildings, improvements and structures thereon and the fixtures thereon other than machinery or equipment used by a project occupant in its operations. See N.Y. Public Authorities Law 1801
  • Police work dog: means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. See N.Y. Public Authorities Law 2422
  • political subdivision: as used in this Article , shall mean and include, in addition to its usual meaning, water districts, water supply districts, and any other public authorities, public corporations, commissions or bodies having power to own, acquire, or contract for a public water supply. See N.Y. New York City Administrative Code 19-182.1
  • Pollution control facilities: shall mean real or personal property having to do with, or the end purpose of which, is the control, abatement or prevention of land, sewer, water, air, thermal, radiational, noise or general environmental pollution resulting from the operation of an industrial, manufacturing or research plant. See N.Y. Public Authorities Law 1801
  • Pool: means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool. See N.Y. New York City Administrative Code 19-186
  • population: shall mean the number of people in the particular taxing jurisdiction as shown by the latest federal census. See N.Y. Tax Law 1215
  • Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. New York City Administrative Code 17-704.1
  • Poultry: means any domesticated bird, whether live or dead. See N.Y. Public Authorities Law 2406
  • poultry: means a domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. See N.Y. Public Authorities Law 1824
  • poultry dealer: means any person who buys or sells poultry as a business enterprise. See N.Y. Public Authorities Law 1824
  • Poultry product: means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relative small portion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the commissioner from definition as a poultry product under such conditions as the commissioner may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See N.Y. Public Authorities Law 2406
  • poultry transporter: means any person who transports poultry as a business enterprise. See N.Y. Public Authorities Law 1824
  • Preferred hazardous waste management practices hierarchy: shall mean that policy established in section 27-0105 of this article. See N.Y. New York City Administrative Code 20-331
  • Premium finance agency: means :

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

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

  • Premium finance agreement: means a promissory note or other written agreement by which an insured promises or agrees to pay to, or to the order of, either a premium finance agency or an insurance agent or broker the amount advanced or to be advanced under the agreement to an authorized insurer or to an insurance agent or broker in payment of premiums on an insurance contract, together with a service charge as authorized and limited by law. See N.Y. New York City Administrative Code 20-206
  • President: shall mean the president of the corporation. See N.Y. New York City Administrative Code 27-881
  • Principal place of business: means the office location designated by the licensee from which the person directs, controls, and coordinates his or her professional services. See N.Y. Tax Law 1210-A
  • 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
  • Processing: means any method whereby meat or meat products derived from animals are cut, boned, mixed, blended, canned, cured or otherwise prepared for purposes other than for human consumption. See N.Y. Public Authorities Law 1837-C
  • Producer: means the owner of a well or wells capable of producing oil, gas, or salt; or any salt or hydrocarbon mixture. See N.Y. New York City Administrative Code 19-186
  • Product: means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See N.Y. New York City Administrative Code 19-186
  • Product name: means the name of the commmercial feed which identifies it as to kind, class, or specific use. See N.Y. Tax Law 1202-AA*3
  • Project: shall mean (i) the construction of a new industrial or manufacturing plant, a new research and development building or other new eligible business facility, (ii) the acquisition, rehabilitation or improvement of a former or existing industrial or manufacturing plant, of a former or existing building to be used for research and development, of a former or existing other eligible business facility, (iii) the construction, acquisition, rehabilitation or improvement of pollution control facilities, (iv) the purchase of machinery and equipment, for which financial assistance from the authority is sought, or (v) assistance to employees under an employee ownership assistance loan agreement made pursuant to subtitle six of this title; provided, however, that any such plant, building, facility or machinery and equipment therefore shall not be primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain such goods or services, or used primarily as a hotel, apartment house or other place of business which furnishes dwelling space or accommodations to either residents or transients. See N.Y. Public Authorities Law 1801
  • Project occupant: shall mean the business enterprise which proposes to use a project after construction, acquisition, rehabilitation or improvement. See N.Y. Public Authorities Law 1801
  • Property: includes , but is not limited to, money, rights to claim refunds or rebates, postal savings deposits, bonds, notes, certificates, policies of insurance, other instruments of value, choses in action, obligations whether written or unwritten, and any thing of value of any nature whatsoever. See N.Y. Penal Law 250.65
  • Publisher: means any publishing house, publishing firm, or publishing company that publishes textbooks and supplemental materials. See N.Y. Penal Law 70.45
  • Pupil: means a child for whom transportation aid is paid and who lives more than one and one-half miles from the school which he or she attends, measured by the nearest available road to such school, or a child who lives more than one mile from an approved route, measured by the nearest available road to such route, and also lives more than one and one-half miles from the school which he or she attends. See N.Y. New York City Administrative Code 27-2056
  • Purchaser: means a person who buys or has bought a New York instrument from an uninsured transmitter of money or agent thereof. See N.Y. New York City Administrative Code 20-331
  • pure honey: as used in this article , shall mean the nectar of flowers that has been transformed by, and is the natural product of the honey-bee, taken from the honeycomb and marketed in a liquid, candied or granulated condition. See N.Y. Uniform Commercial Code 9-619
  • Pure seed: means agricultural, vegetable, flower, tree, or shrub seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kinds, or kinds and varieties being considered. See N.Y. Tax Law 1202-E
  • Qualified retired New York or federal law enforcement officer: means an individual who is a retired police officer as police officer is defined in subdivision thirty-four of section 1. See N.Y. Penal Law 265.00
  • Radiation: shall mean all ionizing radiation above background levels or any non-ionizing radiation used in diagnostic imaging or in radiation oncology. See N.Y. Uniform Commercial Code 9-617
  • Radiological physics: shall mean diagnostic radiological physics, therapeutic radiological physics or radiation oncology physics, medical nuclear physics and medical health physics. See N.Y. Uniform Commercial Code 9-617
  • Radiological procedure: shall mean any test, measurement, calculation or radiation exposure for the purpose of diagnosis or treatment of any medical condition of a human, including therapeutic radiation, diagnostic imaging and measurements, and nuclear medicine procedures. See N.Y. Uniform Commercial Code 9-617
  • Real property: shall mean lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term and includes also any and all interests in such property less than full title, such as easements permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments in every estate, interest or right, legal or equitable. See N.Y. Public Authorities Law 1801
  • Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of this title. See N.Y. New York City Administrative Code 20-234
  • Reclamation plan: means a description of operations to be performed by the applicant to reclaim the land to be mined over the life of the mine. See N.Y. New York City Administrative Code 20-234
  • Redeemer: means every person who demands the refund value provided for herein in exchange for the empty beverage container, but shall not include a dealer as defined in subdivision four of this section. See N.Y. New York City Administrative Code 20-320
  • Redemption center: means any person offering to pay the refund value of an empty beverage container to a redeemer, or any person who contracts with one or more dealers or distributors to collect, sort and obtain the refund value and handling fee of empty beverage containers for, or on behalf of, such dealer or distributor under the provisions of section 27-1013 of this title. See N.Y. New York City Administrative Code 20-320
  • Regional or joint transportation system: means a transportation system in which a school district participates pursuant to a contract executed in accordance with paragraph h of subdivision twenty-five of section seventeen hundred nine of this chapter. See N.Y. New York City Administrative Code 27-2056
  • Registered mortgage loan originator: means any individual who:

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

    (i) a depository institution;

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

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

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

  • Registrant: means any person who has registered a commercial feed manufacturing facility or brand of pet food or specialty pet food pursuant to the provisions of section one hundred twenty-nine of this article. See N.Y. Tax Law 1202-AA*3
  • registration number: means the number assigned to and that identifies a particular domestic animal, which number and the identifying characteristics of such domestic animal are set forth in a registry maintained by a breed association recognized by the department. See N.Y. Public Authorities Law 1824
  • Regulated waste: means any one of the following types of waste: raw sewage, septage, sludge from a sewage or water supply treatment plant, industrial-commercial waste, low-level radioactive waste as defined in subdivision nine of this section, waste tires or waste oil. See N.Y. New York City Administrative Code 20-275
  • Remediate: shall mean the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the commissioner of health and mental hygiene. See N.Y. New York City Administrative Code 27-2056.2
  • Resale: means any sale of a ticket for entrance to a place of entertainment located within the boundaries of the state of New York other than a sale by the operator or the operator's agent who is expressly authorized to make first sales of such tickets. See N.Y. New York City Administrative Code 27-606
  • Reserves: means the aggregate total of capital, advance premiums, assessments and retained earnings of the fund. See N.Y. New York City Administrative Code 19-112
  • Reservoir: means any underground reservoir, natural or artificial cavern or geologic dome, sand or stratigraphic trap, whether or not previously occupied by or containing oil or gas. See N.Y. New York City Administrative Code 19-186
  • Residential mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage, deed of trust or other equivalent consensual security interest on a dwelling (as defined in section 1203(v) of the Truth in Lending Act) or residential real property or any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property and shall include any refinance or modification of any such existing loan. See N.Y. New York City Administrative Code 20-264*2
  • Residential real property: shall mean real property located in this state improved by a one-to-four family residence or residential unit in a building used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such residence is to be constructed. See N.Y. New York City Administrative Code 20-264*2
  • Resource recovery: means the separation, extraction and recovery of useable materials, energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities. See N.Y. New York City Administrative Code 20-285
  • Resource recovery: means any method, technique, or process utilized to separate, process, modify, convert, treat or otherwise prepare hazardous waste so that the component materials or substances thereof may be beneficially used or reused as raw materials, exclusive of useable energy. See N.Y. New York City Administrative Code 20-297.7
  • Respondent: shall mean a person accused of a violation who has entered an institution's judicial or conduct process. See N.Y. Penal Law 415.00
  • Respondent: means 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
  • Reverse vending machine: means an automated device that uses a laser scanner, microprocessor, or other technology to accurately recognize the universal product code (UPC) on containers to determine if the container is redeemable and accumulates information regarding containers redeemed, including the number of such containers redeemed, thereby enabling the reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for their refund value. See N.Y. New York City Administrative Code 20-320
  • Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. See N.Y. Penal Law 265.00
  • Route: means a highway or highways over and upon which a school bus regularly travels in accordance with a schedule maintained for the transportation of pupils from their homes to school. See N.Y. New York City Administrative Code 27-2056
  • rules: shall mean a rule or rules promulgated pursuant to section 1043 of the New York city charter. See N.Y. New York City Administrative Code 27-2056.2
  • safe deposit box: means a vault, safe deposit box or other receptacle. See N.Y. New York City Administrative Code 17-321
  • salary: means all amounts paid by or for the city of New York as compensation for services rendered by an eligible employee. See N.Y. Penal Law 265.10
  • salary: means all amounts paid by or for the state as compensation for services rendered by an eligible employee holding a position with the state university or by or for a community college as compensation for services rendered by an eligible employee holding a position at such college. See N.Y. New York City Administrative Code 27-2041
  • salary: means that amount fixed by or pursuant to law and paid by or for an employer to an employee as compensation for services rendered by the employee to the employer. See N.Y. New York City Administrative Code 27-2046.2
  • Salt: means sodium chloride, evaporite or other water soluble minerals, either in solution or as a solid or crystalline material in a pure state or as a mixture. See N.Y. New York City Administrative Code 19-186
  • School bus: means any vehicle or other means of conveyance used for the purpose of transporting pupils. See N.Y. New York City Administrative Code 27-2056
  • School district: means common school districts, to the extent that they provide transportation of students in grades seven through twelve to a school outside the district, consolidated school districts, central school districts, central high school districts, union free school districts, except special act school districts as defined in section four thousand one of this chapter, and city school districts. See N.Y. New York City Administrative Code 27-2056
  • secondary materials: shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies as defined in rules and regulations promulgated by the commissioner of economic development in consultation with the commissioner but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. See N.Y. New York City Administrative Code 20-277
  • seed: means botanical structures used for planting purposes and commonly referred to as "seed" within this state. See N.Y. Tax Law 1202-E
  • Select biological agent: shall mean a biological weapon which has been identified in regulations promulgated pursuant to subdivision twenty-one of section two hundred six of the public health law. See N.Y. Penal Law 490.05
  • Select chemical agent: shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of section two hundred six of the public health law. See N.Y. Penal Law 490.05
  • senior college: shall mean an institution of higher education in the city of New York, which is governed and administered by the board of trustees, including, but not limited to, a professional or graduate institution, an institution for research, an administrative institution, and, except as otherwise provided, Medgar Evers college, New York city college of technology (formerly known as "New York city technical college" and "New York city community college"), and the college of Staten Island, but not including a community college. See N.Y. Penal Law 260.05
  • Serious offense: means (a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law. See N.Y. Penal Law 265.00
  • Serious physical injury: means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. See N.Y. Public Authorities Law 2422
  • Service dog: means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability. See N.Y. Public Authorities Law 2422
  • Sexual conduct: means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals. See N.Y. Penal Law 263.00
  • Sexual performance: means any performance or part thereof which, for purposes of section 263. See N.Y. Penal Law 263.00
  • sheep: means any member of the genus ovis. See N.Y. Public Authorities Law 1824
  • Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. See N.Y. Penal Law 265.00
  • Small business: means a business which is independently owned and operated, and which is not dominant in the field of operation. See N.Y. Public Authorities Law 1695
  • soil: means the commonly accepted medium or other medium in which plants are grown and which is or may be capable of harboring or transmitting insect pests and plant diseases. See N.Y. Uniform Commercial Code 9-110
  • Solid waste: means all putrescible and non-putrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, except including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form. See N.Y. New York City Administrative Code 20-285
  • Solid waste management: means the purposeful and systematic transportation, storage, processing, recovery and disposal of solid waste. See N.Y. New York City Administrative Code 20-285
  • Solid waste management facility: means any facility employed beyond the initial solid waste collection process including, but not limited to, transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, sanitary landfills, facilities for the disposal of construction and demolition debris, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities. See N.Y. New York City Administrative Code 20-285
  • Solid waste mitigation account: means the account established pursuant to subdivision one of section ninety-seven-b of the state finance law. See N.Y. New York City Administrative Code 20-345
  • Solid waste site: means a site where (a) the department has a reasonable basis to suspect that the illegal disposal of solid waste occurred or, (b) a court of competent jurisdiction has determined that an illegal disposal of solid waste occurred, or (c) the department knows or has a reasonable basis to suspect that an inactive solid waste management facility which does not have a current monitoring program is impacting or contaminating one or more drinking water supplies. See N.Y. New York City Administrative Code 20-345
  • Solution mining: means the dissolving of an underground salt by water to produce a brine for transport to another underground or surface location for sale, processing or storage. See N.Y. New York City Administrative Code 19-186
  • Special limitation: means a special fuel use limitation for a specific facility, stationary source, or specified area of the state promulgated by the department in rules and regulations that permits the sale, offering for sale, purchase and use of oil or coal with a sulfur content in excess of established sulfur limits, when acceptable diffusion analyses have demonstrated to the department's satisfaction that such use would not contribute to the contravention of any applicable federal ambient air quality standard nor significantly increase acid deposition at sensitive receptor areas. See N.Y. New York City Administrative Code 19-108
  • specialist assistant: means a person who is registered pursuant to this article as a specialist assistant for a particular medical specialty as defined by regulations promulgated by the commissioner of health pursuant to section thirty-seven hundred eleven of the public health law. See N.Y. Penal Law 490.01
  • specialty fertilizer: shall mean a commercial fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries, and such other use as the commissioner may define by regulation. See N.Y. Tax Law 1202-L*4
  • Specialty pet: means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See N.Y. Tax Law 1202-AA*3
  • Specialty pet food: means any commercial feed prepared and distributed for consumption by specialty pets. See N.Y. Tax Law 1202-AA*3
  • Spoil: means any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals. See N.Y. New York City Administrative Code 20-234
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See N.Y. Tax Law 1210-A
  • State: shall mean the state of New York. See N.Y. Public Authorities Law 1801
  • State agency: shall mean any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation of which any member of whose board is appointed by the governor. See N.Y. Penal Law 400.01
  • State agency: shall mean any officer, department, board, commission,

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

  • state university: means the state university of New York and the term "community college" means a college established and operated under article one hundred twenty-six of this chapter. See N.Y. New York City Administrative Code 27-2041
  • State university health care facility: shall mean a hospital, as defined in section twenty-eight hundred one of the public health law, operated by the state university, or a clinic, as defined in subdivision six of this section, of a state university health sciences center at Brooklyn, Buffalo, Stony Brook and Syracuse, or the College of Optometry. See N.Y. New York City Administrative Code 27-2007
  • Statewide spacing: means spacing units for gas or oil wells that are within ten percent of the following sizes, as applicable, unless another percentage is specifically stated:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Stationary source: means any source other than major steam electric generating facilities that emits acid deposition precursors in excess of one hundred tons per year. See N.Y. New York City Administrative Code 19-108
  • Stationary source: means any building, structure, facility or installation that emits or may emit any regulated air contaminant. See N.Y. New York City Administrative Code 17-704.1
  • stop-sale: means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed. See N.Y. Tax Law 1202-E
  • Storage: means any school bus garage facilities or sites which may be approved by the commissioner. See N.Y. New York City Administrative Code 27-2056
  • Storage: means the holding of waste for a temporary period, at the end of which the waste is processed, recovered, disposed of, or stored elsewhere. See N.Y. New York City Administrative Code 20-275
  • Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. New York City Administrative Code 20-297.7
  • Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. New York City Administrative Code 20-331
  • Superintendent: means the superintendent of financial services. See N.Y. New York City Administrative Code 20-206
  • 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
  • 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
  • swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Public Authorities Law 1824
  • Switchblade knife: means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. See N.Y. Penal Law 265.00
  • Tailings: means material of inferior quality or value resulting from the removal, preparation or processing of minerals. See N.Y. New York City Administrative Code 20-234
  • tank: includes all associated pipes, lines, fixtures and other ancillary equipment. See N.Y. New York City Administrative Code 17-324
  • 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

  • test: means any test that is given in New York at the expense of the test subject and designed for use and used in the process of selection for post-secondary or professional school admissions. See N.Y. New York City Administrative Code 27-998
  • Test agency: means any organization, association, corporation, partnership, or individual or person that develops, sponsors or administers a test. See N.Y. New York City Administrative Code 27-998
  • Test form: means the test booklet or instrument used for each part of each test. See N.Y. New York City Administrative Code 27-998
  • Test subject: means an individual to whom a test is administered. See N.Y. New York City Administrative Code 27-998
  • Test year: means the twelve-month period commencing September first during which the test agency administers a particular test. See N.Y. New York City Administrative Code 27-998
  • Textbook: means any textbook that is adopted for a course, as determined by the faculty member or members or entity charged with choosing that textbook. See N.Y. Penal Law 70.45
  • theatrical production: shall mean those live-staged dramatic productions, dramatic-musical productions and concerts, as defined in this subdivision, which hereafter are shown to the public for profit and which are financed wholly or in part by the offering or sale in or from this state, directly, or through agents or distributors, of investment agreements, evidences of interest, limited partnerships, producer shares, equity or debt securities, pre-organization subscriptions or any other syndication participation, when any persons are offered, solicited to purchase or sell, directly or indirectly, such syndication interests for moneys or services within or from the state of New York; provided, however, that for purposes of paragraphs (h) and (i) of this subdivision a "theatrical production" shall mean any live-staged dramatic production, dramatic-musical production or concert which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. New York City Administrative Code 27-593
  • Therapy dog: means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose, and does not qualify under federal or state law or regulations as a service dog. See N.Y. Public Authorities Law 2422
  • Ticket: means any evidence of the right of entry to any place of entertainment. See N.Y. New York City Administrative Code 27-606
  • Ticket office: means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public. See N.Y. New York City Administrative Code 27-606
  • Title IX Coordinator: shall mean the Title IX Coordinator and/or his or her designee or designees. See N.Y. Penal Law 415.00
  • ton: means a net weight of two thousand pounds avoirdupois. See N.Y. Tax Law 1202-L*4
  • Transmitter of money: means a licensee, as such term is defined in subdivision two of section six hundred forty of this chapter, a bank, trust company, private banker, savings bank and savings and loan association, a credit union, foreign banking corporation licensed pursuant to article two of this chapter and any investment company which either directly or through agents transacts the business in this state of selling or issuing New York instruments. See N.Y. New York City Administrative Code 20-331
  • Transport: means the movement of hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal. See N.Y. New York City Administrative Code 20-297.7
  • Transportation service: means the operation within the state of a vehicle or vehicles by a person not otherwise licensed to operate a disposal plant, for the purpose of transporting for hire unprocessed animal bodies, carcasses or portions thereof, and meat or meat products which are not intended for eventual use for human consumption. See N.Y. Public Authorities Law 1837-C
  • treated: means that the seed has received an effective application of an approved substance or method designed to control or repel plant disease organisms, insects, or other pests; or has received some other treatment to improve its planting value. See N.Y. Tax Law 1202-E
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. New York City Administrative Code 20-297.7
  • Treatment: means any method, technique, or process including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. New York City Administrative Code 20-331
  • tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree or shrub seeds in this state. See N.Y. Tax Law 1202-E
  • Turnover: shall mean the occupancy of a dwelling unit subsequent to the termination of a tenancy and the vacatur by a prior tenant of such dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
  • Underlying defect: shall mean a physical condition in a dwelling or dwelling unit that is causing or has caused paint to peel or a painted surface to deteriorate or fail, such as a structural or plumbing failure that allows water to intrude into a dwelling or dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
  • Uninsured transmitter of money: means a transmitter of money other than a banking organization, whose New York instruments are uninsured by a federal insuring agency. See N.Y. New York City Administrative Code 20-331
  • Unique identifier: means a number or other identifier assigned by protocols established by the NMLSR. See N.Y. New York City Administrative Code 20-264*2
  • United States: means any officer, agency, department or instrumentality of the United States of America, other than a court, and any corporation organized under its laws. See N.Y. Penal Law 250.65
  • University centers: shall mean the university centers at Albany, Binghamton, Buffalo and Stony Brook. See N.Y. New York City Administrative Code 27-2007
  • Use: shall mean to avail oneself of or to employ without conveyance of title gardens on vacant public lands by any individual or organization. See N.Y. Penal Law 400.01
  • Vacant public land: shall mean any land owned by the state or a public corporation including a municipality that is not in use for a public purpose, is otherwise unoccupied, idle or not being actively utilized for a period of at least six months and is suitable for garden use. See N.Y. Penal Law 400.01
  • variety: means a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it may be differentiated under certain conditions from other plants of the same kind. See N.Y. Tax Law 1202-E
  • vegetable seeds: includes seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state. See N.Y. Tax Law 1202-E
  • Vehicle: means a conveyance or any piece of equipment whatsoever used in transportation service. See N.Y. Public Authorities Law 1837-C
  • War dog: means any dog which has been honorably discharged from the United States armed services. See N.Y. Public Authorities Law 2422
  • Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under article 17 of this chapter, or source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended (68 Stat. See N.Y. New York City Administrative Code 20-275
  • Waste: means

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

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

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

  • Well operator: means the applicant for a permit to drill, deepen, plug back or convert a well subject to this title and titles 7 and 9 of this article, or the actual operator of the well if the well is not operated by the original applicant. See N.Y. New York City Administrative Code 19-194
  • well permit: means a permit to drill, deepen, plug back or convert a well for production of oil or gas. See N.Y. New York City Administrative Code 19-194
  • Window: shall mean the non-glass parts of a window, including but not limited to any window sash, window well, window jamb, window sill, or window molding. See N.Y. New York City Administrative Code 27-2056.2
  • Working search dog: means any dog that is trained to aid in the search for missing persons and is actually used for such purpose. See N.Y. Public Authorities Law 2422