Part 1 Definitions and Fiduciary Duties
Part 2 Decedent’s Estate or Terminating Income Interest
Part 3 Apportionment At Beginning and End of Income Interest
Part 4 Allocation of Receipts During Administration of Trust
Part 5 Allocation of Disbursements During Administration of Trust
Part 6 Miscellaneous Provisions

Terms Used In New York Laws > Estates, Powers and Trusts > Article 11-A

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial purposes: means use of lands, including structures thereon for any purpose from which a profit may be derived, other than a lease or rental of residential property for single, private family residential purposes. See N.Y. Environmental Conservation Law 43-0103
  • Commission: means the Lake George park commission. See N.Y. Environmental Conservation Law 43-0103
  • Commissioner of finance: means the commissioner of finance of the city;

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

  • Community services program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of participation in religious services, volunteer work, or athletic events, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: includes construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered or renovated buildings;

    b. See

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Educational leave: means a privilege granted to an eligible inmate to leave the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of education or vocational training, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Eligible inmate: means : a person confined in an institution who is eligible for release on parole or who will become eligible for release on parole or conditional release within two years. See N.Y. Correction Law 851
  • Eligible inmate: means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of fifty years, who has not previously been convicted of a violent felony as defined in article seventy of the penal law, or a felony in any other jurisdiction which includes all of the essential elements of any such violent felony, upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and fifty years at the time of commission of the crime upon which his or her present sentence was based. See N.Y. Correction Law 865
  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Extended bounds of confinement: means the area in which an inmate participating in a temporary release program may travel, the routes he or she is permitted to use, the places he or she is authorized to visit, and the hours, days, or specially defined period during which he or she is permitted to be absent from the premises of the institution. See N.Y. Correction Law 851
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • fiscal agent: as used in this title shall mean:

    1. See N.Y. Local Finance Law 70.00

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Furlough program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding seven days for the purpose of seeking employment, maintaining family ties, solving family problems, seeking post-release housing, attending a short-term educational or vocational training course, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Handicapped person: means any person who in the judgment of the department is under a physical or mental disability which constitutes a substantial handicap to employment but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in gainful employment, and also any person under a physical or mental disability which constitutes a substantial handicap to employment and for whom vocational rehabilitation services are necessary to ascertain his rehabilitation potential. See
  • harassment: shall mean any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:

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

  • health professionals: means persons duly licensed or otherwise authorized to practice a health profession pursuant to applicable law, including, but not limited to, physicians, registered professional nurses, nurse practitioners, physicians assistants, optometrists, dentists, dental hygienists, dietitians and nutritionists, and audiologists. See
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individuals with severe disabilities: means persons for whom competitive employment has either not traditionally occurred or has been interrupted or intermittent as a result of having a permanent and substantially disabling physical, sensory, or mental condition. See
  • Industrial training leave: means a privilege granted to an eligible inmate to leave the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of participating in an industrial training program, or for any matter necessary to the furtherance of any such purpose. See N.Y. Correction Law 851
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means any institution under the jurisdiction of the state department of corrections and community supervision or an institution designated by the commissioner pursuant to section seventy-two-a of this chapter. See N.Y. Correction Law 851
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lake George park: means the bed, waters, islands, and shore of Lake George and all land in the counties of Essex, Warren and Washington surrounding said lake and situate within the following described boundaries:

    Beginning at the southwesterly corner of lot 18 of the Crane Brush Patent in the northerly bounds of the Ogilvie Patent, running from thence northerly along the westerly bounds of the said lot 18 and the easterly bounds of lot 11 of the said Crane Brush Patent, to the northwesterly corner of the said lot 18 and the northeasterly corner of the said lot 11; thence westerly along the northerly bounds of the said lot 11 to the southeasterly corner of lot 12, Crane Brush Patent; thence northerly along the easterly bounds of the said lot 12 to the northeasterly corner thereof in the southerly bounds of lot 13, Crane Brush Patent; thence easterly along the southerly bounds of a portion of the southerly bounds of the said lot 13 to the southeasterly corner thereof and the southwesterly corner of lot 16, Crane Brush Patent; thence northerly along the westerly bounds of the said lot 16 to the northwesterly corner thereof in the southerly bounds of lot 3, Garland Patent; thence easterly along the southerly bounds of lot 3, Garland Patent to the southeasterly corner thereof; thence northerly along the easterly bounds of the said lot 3 to the northeasterly corner thereof in the southerly bounds of the Norman Patent; thence northerly, crossing the said Norman Patent in a straight line, to the southeasterly corner of lot 10, McDonald Patent; thence northerly along the easterly bounds of the said lot 10 to the northeasterly corner thereof in the southerly bounds of Porter's Patent; thence westerly along the southerly bounds of lots 7 and 6, Porter's Patent to the southwesterly corner of the said lot 6; thence northerly along the westerly bounds of the said lot 6, Porter's Patent, to the northwesterly corner thereof; thence running in a straight line northerly, crossing the remaining portion of Porter's Patent and also crossing Robert's Patent, to the southwesterly corner of lot 86, Northwest Bay Tract; thence northwesterly along the westerly bounds of lots 86, 91 and 99, Northwest Bay Tract, to the northwesterly corner of the said lot 99; thence easterly along the northerly bounds of the said lot 99 to the southwesterly corner of lot 116, Brant Lake Tract; thence northerly along the westerly bounds of lots 116, 117, and 118, Brant Lake Tract, to the northwesterly corner of the said lot 118; thence easterly along the northerly bounds of lots 118, and 113, Brant Lake Tract to the northeasterly corner of the said lot 113; thence northerly along the westerly bounds of lots 87 and 88, Brant Lake Tract, to the northwesterly corner of the said lot 88; thence easterly along the northerly bounds of lots 88, 79, 56, 47, 24 and 15, Brant Lake Tract, to the northeasterly corner of the said lot 15 and to a point in the westerly bounds of the Hague Tract; thence northerly along the westerly bounds of the Hague Tract to the northwesterly corner of lot 38, Hague Tract; thence easterly along the northerly bounds of the said lot 38 to the northeasterly corner thereof; thence northerly along the westerly bounds of a portion of the westerly bounds of lot 37 and the westerly bounds of lot 36, Hague Tract, to the northwesterly corner of the said lot 36; thence easterly along a portion of the northerly bounds of the said lot 36 to the southwesterly corner of lot 33, Hague Tract; thence northerly along the westerly bounds of lots 33, 30 and a portion of lot 29, Hague Tract, to the Warren-Essex County line; thence running northeasterly along the said county line to the center of Trout Brook; thence northerly, downstream, along Trout Brook as it winds and turns, to the intersection of Trout Brook with State Highway Route 9N; thence

    southwesterly along said State Highway to the intersection of the said State Highway with Alexandria Avenue south of Ticonderoga Village; thence easterly along Alexandria Avenue, crossing the outlet of Lake George, and continuing along said Alexandria Avenue and said line extended, to the American Telephone and Telegraph Company's telephone cable line; thence southerly along said telephone cable line to the north bounds of lot 77 of the Alexander Turner Patent; thence westerly along the north bounds of lot 77 and lot 79 of said Patent to the northwest corner of lot 79; thence southerly along the west bounds of lots 79, 80, 81, 82, 83, and 84 to the southwest corner of said lot 84; thence westerly along the division line between lots 85 and 67 of said Turner Patent to the northwest corner of lot 67; thence southerly along the west bounds of lots 67, 16, 17, 18, 19 and 20 of said Turner Patent to the division line between the Town of Putnam and the Town of Dresden; thence westerly along said town line to the northwest corner of lot 52 of the aforesaid Turner Patent; thence southerly along the west bounds of lots 52, 51, and 50 of said Turner Patent, to the division line between the Turner Patent and the South Bay Tract; thence southwesterly along said division line to the northwest corner of lot 148, South Bay Tract; thence southerly along the west bounds of lots 148 and 149 of the South Bay Tract to the north line of lot 162 of said tract; thence westerly along the north line of said lot 162 to the northwest corner thereof; thence southerly along the west bounds of lots 162, 161, 160, 159, 158 and 44 to the southwest corner of said lot 44; thence westerly along the southerly bounds of lots 39 and 22, South Bay Tract, to the southwesterly corner of the said lot 22; thence southerly along the westerly bounds of lot 23, South Bay Tract to the southwesterly corner thereof; thence westerly along the southerly bounds of lot 12, South Bay Tract, to the southwesterly corner thereof; thence southerly along the westerly bounds of lot 11 of South Bay Tract to the southwest corner of lot 11; thence westerly along the south bounds of lot 77 to the southwest corner thereof; thence southerly along the west bounds of lots 76, 75, and 74 of the South Bay Tract to the southwest corner of lot 74; thence westerly along the south bounds of lots 89, 99, 105, and 118 of the South Bay Tract to the southwest corner of lot 118; thence southerly along the west bounds of lots 117, 116, and 115 to the division line between the South Bay Tract and the Westfield Tract; thence westerly along said division line to the northwest corner of lot 56 of the Westfield Tract; thence southerly along the westerly bounds of lots 56 and 49 of the Westfield Tract to the southwesterly corner of the said lot 49; thence westerly along the southerly bounds of lot 50, Westfield Tract to the southwesterly corner of the said lot 50; thence southerly along the westerly bounds of lots 43 and 42, of the Westfield Tract to the southwesterly corner of the said lot 42; thence running in a straight line crossing lots 37 and 31 of the Westfield Tract to the northwesterly corner of lot 25 of the Westfield Tract; thence westerly along the southerly bounds of an unnumbered lot, and the southerly bounds of lot 28, Westfield Tract and the southerly bounds of lot 47, Lake George Tract, to the southwesterly corner of the said lot 47, and the northwesterly corner of lot 46, and the northeasterly corner of lot 45, Lake George Tract; thence southerly along the easterly bounds of lots 45, 39, 37 and 27, Lake George Tract; to the southeasterly corner of the said lot 27; thence westerly along the southerly bounds of the said lot 27 to the easterly bounds of lot 28, Lake George Tract; thence southerly along a portion of the easterly bounds of the said lot 28 and the easterly bounds of lot 29, Lake George Tract to the southeasterly corner of the said lot 29; thence westerly along the southerly bounds of the said lot 29 and a portion of the southerly bounds of lot 30, being

    also along a portion of the northerly bounds of lot 23, and the northerly bounds of lot 24, all in Lake George Tract, to the northwesterly corner of the said lot 24; thence southerly along the westerly bounds of the said lot 24 to the southwesterly corner thereof; thence westerly along a portion of the northerly bounds of lot 18, Lake George Tract, to the northwesterly corner thereof; thence southerly along the easterly bounds of lots 17, 15, 16, 14, 12, 9 and a portion of lot 5, Lake George Tract and continuing the same course southerly to the center of the Farm to Market Road; thence westerly in the center of the said road to the Warren-Washington County Line; thence southerly along the said county line to the northeasterly corner of the Queensbury Patent; thence westerly along the northerly bounds of the Queensbury Patent to the southeasterly corner of the Hasborne Patent; thence northerly along the easterly bounds of the Hasborne Patent to the northeasterly corner thereof; thence westerly along the northerly bounds of the Hasborne Patent and the northerly bounds of the Fairlie Patent to the northwesterly corner of the said Fairlie Patent; thence southerly along a portion of the westerly bounds of the Fairlie Patent to the northeasterly corner of lot 18, French Mountain Tract; thence westerly along the northerly bounds of lots 18, 20, 21, and 25 of the French Mountain Tract to the northwesterly corner of the said lot 25; thence running in a straight line westerly crossing the southerly portion of the Houghton Patent to the northwesterly corner of lot 60, Luzerne Tract; thence southerly along the westerly bounds of the said lot 60 to the southwesterly corner thereof; thence westerly along the southerly bounds of lots 59, 58 and 57, Luzerne Tract to the southwesterly corner of the said lot 57; thence northerly along a portion of the westerly bounds of the said lot 57 to the southeasterly corner of lot 66, Luzerne Tract; thence westerly along the southerly bounds of the said lot 66 to the southwesterly corner thereof; thence northerly along a portion of the westerly bounds of the said lot 66 to the northeasterly corner of lot 67, Luzerne Tract and being in the southerly bounds of the Randall Location; thence westerly along the southerly bounds of the said Randall Location to the southwesterly corner thereof; thence northerly along the westerly bounds of the said Randall Location and the westerly bounds of lots 75, 78, 83, 93, 98 and 107, Luzerne Tract, to a point in the southerly bounds of lot 113, Luzerne Tract; thence westerly along a portion of the southerly bounds of the said lot 113 to the southwesterly corner thereof; thence northerly along the westerly bounds of the said lot 113 to the northwesterly corner thereof in the southerly bounds of the J. See N.Y. Environmental Conservation Law 43-0103

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leave of absence: means a privilege granted to an inmate, who need not be an "eligible inmate" to leave the premises of an institution for the period of time necessary:

    (a) to visit his or her spouse, child, brother, sister, grandchild, parent, grandparent or ancestral aunt or uncle during his or her last illness if death appears to be imminent;

    (b) to attend the funeral of such individual;

    (c) to undergo surgery or to receive medical or dental treatment not available in the correctional institution only if deemed absolutely necessary to the health and well-being of the inmate and whose approval is granted by the commissioner or his designated representative. See N.Y. Correction Law 851

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: 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
  • Personal property: All property that is not real property.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shock incarceration program: means a program pursuant to which eligible inmates are selected to participate in the program and serve a period of six months in a shock incarceration facility, which shall provide rigorous physical activity, intensive regimentation and discipline and rehabilitation therapy and programming. See N.Y. Correction Law 865
  • Stormwater runoff: means any surface water runoff or runoff in channels which results directly either from a rain storm or from the melting of snowpack. See N.Y. Environmental Conservation Law 43-0103
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the person in charge of an institution, by whatever title he or she may be known. See N.Y. Correction Law 851
  • Supported employment: means paid competitive work performed by individuals with severe disabilities who require intensive support services to obtain such employment and extended support to sustain such employment, and which is performed in an integrated setting which

    provides regular interactions with individuals who do not have disabilities, other than paid caregivers. See

  • 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

  • Temporary release committee: means the body of persons, which may include members of the public, appointed pursuant to regulations promulgated by the commissioner to serve at the pleasure of the commissioner for the purpose of formulating, modifying and revoking temporary release programs at an institution. See N.Y. Correction Law 851
  • Temporary release program: means a "work release program" a "furlough program" a "community services program" an "industrial training leave" an "educational leave" or a "leave of absence. See N.Y. Correction Law 851
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means any evidence of the right of entry to any place of entertainment. See
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Vocational rehabilitation services: means :

    a. See

  • Work release program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of on-the-job training or employment, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Workshop: means a place where any manufacture or handiwork is carried on and which is operated for the principle purpose of providing gainful employment to severely handicapped persons (a) as an interim step in the rehabilitation process for those who cannot be absorbed in the competitive labor market; or (b) during such time as employment opportunities for them in the competitive labor market do not exist. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Zone: means any area of land within the Lake George park in which the use of land for commercial purposes is prohibited, restricted, or controlled pursuant to the provisions of this article, local law or ordinance, agreement, restrictive covenant, or otherwise. See N.Y. Environmental Conservation Law 43-0103