Article 29 General Provisions Relating to In-Patient Facilities
Article 30 Comprehensive Care Centers for Eating Disorders
Article 31 Regulation and Quality Control of Services for the Mentally Disabled
Article 32 Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services
Article 33 Rights of Patients
Article 36 Addiction and Mental Health Services and Supports
Article 41 Local Services
Article 43 Fees for Services
Article 47 Mental Hygiene Legal Service
Article 61 Federal Aid
Article 67 Interstate Relations
Article 71 Acquisition of Real Property
Article 75 Community Mental Health Services and Developmental Disabilities Services Companies
Article 79 Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans’ Administration
Article 80 Surrogate Decision-Making for Medical Care and Treatment
Article 81 Proceedings for Appointment of a Guardian for Personal Needs or Property Management
Article 82 Supported Decision-Making
Article 83 Uniform Guardianship and Protective Proceedings Jurisdiction Act
Article 84 New York Achieving a Better Life Experience Savings Account Act
Article 91 Laws Repealed; Savings Clause; Time of Taking Effect

Terms Used In New York Laws > Mental Hygiene > Title E - General Provisions

  • Absconding: means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's assigned community supervision officer or area bureau office and to notify his or her assigned community supervision officer or area bureau office of a change in residence, and reasonable efforts by the assigned community supervision officer to re-engage the releasee have been unsuccessful. See N.Y. Executive Law 259
  • Accessory structure: means any structure or a portion of a main structure customarily incidental and subordinate to a principal land use or development and that customarily accompanies or is associated with such principal land use or development, including a guest cottage not for rent or hire that is incidental and subordinate to and associated with a single family dwelling. See N.Y. Executive Law 802
  • Account owner: shall mean a person who opens a savings account pursuant to the provisions of section 529 A of the Internal Revenue Code, as amended, or any regulations promulgated thereunder. See N.Y. Mental Hygiene Law 84.03
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action plan: shall mean the strategic neighborhood action plan as described in subdivision three of section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • activities of daily living: means activities such as, but not limited to, mobility, eating, toileting, dressing, grooming, housekeeping, cooking, shopping, money management, banking, driving or using public transportation, and other activities related to personal needs and to property management. See N.Y. Mental Hygiene Law 81.03
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
  • Administrator: means the state fire administrator established pursuant to article six-C of this chapter. See N.Y. Executive Law 372
  • adult: means an individual eighteen years of age or older. See N.Y. Mental Hygiene Law 82.02
  • advance directive: means a legally recognized written or oral instruction by an adult relating to the provision of health care to the adult if and when they become incapacitated, including but not limited to a health care proxy, a consent to the issuance of an order not to resuscitate or other orders for life-sustaining treatment recorded in a patient's medical record, or other legally-recognized statements of wishes or beliefs. See N.Y. Mental Hygiene Law 82.02
  • 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.
  • Advisory board: means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section. See N.Y. Executive Law 261
  • 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.
  • Agency: means the Adirondack park agency created by section eight hundred three of this article. See N.Y. Executive Law 802
  • Agricultural use: means any management of any land for agriculture; raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. See N.Y. Executive Law 802
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved amendment: means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs. See N.Y. Executive Law 261
  • Approved local land use program: means any local land use program approved by the agency under section eight hundred seven. See N.Y. Executive Law 802
  • Approved plan: means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision. See N.Y. Executive Law 261
  • Areas of public assembly: means all buildings or portions of buildings used for gathering together fifty or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom. See N.Y. Executive Law 372
  • 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized organization: shall mean any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have as its dominant purpose or purposes one or more of the lawful purposes as defined in the bingo licensing law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in the bingo licensing law, article fourteen-H of the general municipal law, for a period of one year immediately prior to applying for a license under the licensing law. See N.Y. Executive Law 432
  • available resources: means resources such as, but not limited to, visiting nurses, homemakers, home health aides, adult day care and multipurpose senior citizen centers, powers of attorney, health care proxies, trusts, representative and protective payees, and residential care facilities. See N.Y. Mental Hygiene Law 81.03
  • 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
  • benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
  • Bequest: Property gifted by will.
  • Best interests: means promoting personal well-being by the assessment of the risks, benefits and alternatives to the patient of a proposed major medical treatment, taking into account factors including the relief of suffering, the preservation or restoration of functioning, improvement in the quality of the patient's life with and without the proposed major medical treatment and consistency with the personal beliefs and values known to be held by the patient. See N.Y. Mental Hygiene Law 80.03
  • Bingo licensing law: shall mean article fourteen-h of the general municipal law. See N.Y. Executive Law 432
  • Board: means the state board of parole. See N.Y. Executive Law 259
  • Board: shall mean the board of directors of the institute. See N.Y. Executive Law 321
  • board: means a community services board for services to individuals with mental illness and developmental disabilities, those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence. See N.Y. Mental Hygiene Law 41.03
  • Building: means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. See N.Y. Executive Law 372
  • capital costs: means the costs of a local government, a voluntary agency, or the facilities development corporation with respect to the acquisition of real property estates, interests, and cooperative interests in realty, their design, construction, reconstruction, rehabilitation and improvement, original furnishings and equipment, site development, and appurtenances of a local facility. See N.Y. Mental Hygiene Law 41.03
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certified business: shall mean a business verified as a minority or women-owned business enterprise pursuant to section three hundred fourteen of this article. See N.Y. Executive Law 310
  • Chief elected officer: means in the case of a city, the mayor thereof; in the case of a town, the supervisor thereof; and in the case of a village, the mayor thereof. See N.Y. Executive Law 802
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • citizenship or immigration status: means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. See N.Y. Executive Law 292
  • class B regional project: means the land use and development and subdivisions of land listed and so characterized in section eight hundred ten. See N.Y. Executive Law 802
  • Classification of compatible uses lists: means the land use and development plan's lists of primary uses and secondary uses for the land use area contained in subdivision three of section eight hundred five. See N.Y. Executive Law 802
  • code: means the New York state uniform fire prevention and building code promulgated pursuant to section three hundred seventy-seven of this article. See N.Y. Executive Law 372
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • commercial space: means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof. See N.Y. Executive Law 292
  • Commercial use: means any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee other than any such uses specifically listed on any of the classification of compatible uses lists. See N.Y. Executive Law 802
  • commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. Executive Law 432
  • Commission: means the commission on quality of care and advocacy for persons with disabilities. See N.Y. Mental Hygiene Law 80.03
  • Commissioner: means the commissioner of the department of corrections and community supervision. See N.Y. Executive Law 259
  • Commissioner: shall mean the commissioner of the department of economic development. See N.Y. Executive Law 310
  • Commissioner: shall mean the commissioner of children and family services, designated as the head of the office of children and family services by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
  • Committee: shall mean the neighborhood based initiatives oversight committee established in accordance with section five hundred forty-eight-e of this article. See N.Y. Executive Law 548-B
  • Community housing: means a dwelling unit (i) not exceeding one thousand five hundred square feet of floor space each (excluding the first floor of a garage), (ii) located on one contiguous parcel, (iii) located within a moderate intensity use or low intensity use land use area, (iv) located within three miles of a hamlet land use area and not closer than one-tenth mile of a shoreline of a lake, pond or navigable river or stream, or located within one mile of the location of the following post offices on the enactment date of this subdivision and not closer than one-tenth mile of a shoreline of a lake, pond or navigable river or stream: Athol, NY 12810; Brantingham, NY 13312; Gabriels, NY 12939; Hoffmeister, NY 13353; Hulett's Landing, NY 12841; Kattskill Bay, NY 12844; Paul Smiths, NY 12970; Piseco, NY 12139; Sabael, NY 12864; Wanakena, NY 13695; White Lake, NY 12786; and (v) limited in perpetuity by deed or other legal instrument enforceable by a third party and the state of New York to primary single family dwellings for persons with one hundred twenty per centum or less of the area median income, adjusted for family size, as defined by the United States department of housing and urban development for the county in which such project is located; provided however, that each dwelling unit shall constitute a separate lot, parcel or site for purposes of agency jurisdiction pursuant to subparagraph one of paragraph (b) and subparagraph one of paragraph (a) of subdivision two of section eight hundred ten of this article. See N.Y. Executive Law 802
  • Community supervision: means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole. See N.Y. Executive Law 259
  • community support services: means clinical, social, rehabilitative and other mental health services, programs and related administrative activities designed to enhance the community living skills and prevent the unnecessary hospitalization of the seriously impaired, chronically mentally ill population, who are eligible to receive services pursuant to section 41. See N.Y. Mental Hygiene Law 41.03
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means the construction, reconstruction, alteration, conversion, repair, installation of equipment or use of buildings, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See N.Y. Executive Law 372
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • contract: shall mean the sole written agreement for a project between the department, as representative of the committee, and the approved applicant, providing for the terms under which funds may be used to finance allowable project costs as defined in section five hundred forty-eight-f of this article. See N.Y. Executive Law 548-B
  • Contracting agency: shall mean a state agency which is a party or a proposed party to a state contract or, in the case of a state contract described in paragraph (c) of subdivision thirteen of this section, shall mean the New York state housing finance agency, housing trust fund corporation or affordable housing corporation, whichever has made or proposes to make the grant or loan for the state assisted housing project. See N.Y. Executive Law 310
  • Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 310
  • 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.
  • Correspondent: means a person who has demonstrated a genuine interest in promoting the best interests of the patient by having a personal relationship with the patient, by participating in the patient's care and treatment, by regularly visiting the patient, or by regularly communicating with the patient. See N.Y. Mental Hygiene Law 80.03
  • Council: means the state fire prevention and building code council created by this article. See N.Y. Executive Law 372
  • council: shall mean a voluntary group representing, to the greatest extent possible, the following: neighborhood residents, local government, the business and economic development community, service providers, charitable organizations, the legal community, and educational institutions, who shall be responsible for development of the plan required in section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • council: means the most integrated setting coordinating council. See N.Y. Executive Law 701
  • County executive: means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor. See N.Y. Executive Law 261
  • credit: when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right. See N.Y. Executive Law 292
  • credit reporting bureau: when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined by subdivision e of section three hundred seventy-one of the general business law. See N.Y. Executive Law 292
  • creditor: when used in this article, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. See N.Y. Executive Law 292
  • Crisis intervention services: means the continuum to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness, resiliency, and recovery oriented. See N.Y. Mental Hygiene Law 36.03
  • Crisis residential services: means a short-term residential program designed to provide residential and support services to persons with symptoms of mental illness who are at risk of or experiencing a psychiatric crisis. See N.Y. Mental Hygiene Law 36.03
  • Crisis stabilization centers: means facilities providing short-term observation and crisis stabilization services jointly licensed by the office of mental health and the office of addiction services and supports under section 36. See N.Y. Mental Hygiene Law 36.03
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day of religious observance: means any day or portion thereof on which a religious observance imposes a substantial burden on any test subject's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a sabbath or other holy day or days in accordance with the requirements of his or her religion. See N.Y. Executive Law 328
  • Decedent: A deceased person.
  • decision-maker: means an adult who has executed, or seeks to execute, a supported decision-making agreement. See N.Y. Mental Hygiene Law 82.02
  • Declarant: means a person who submits a declaration pursuant to the provisions of this article and may include any provider of health services, the director of the patient's residential facility or a relative or correspondent of the patient. See N.Y. Mental Hygiene Law 80.03
  • Declaration: means a written statement submitted in accordance with section 80. See N.Y. Mental Hygiene Law 80.03
  • 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.
  • Department: means the department of corrections and community supervision. See N.Y. Executive Law 259
  • Department: means the department of state. See N.Y. Executive Law 372
  • Department: shall mean the department of social services. See N.Y. Executive Law 548-B
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated beneficiary: shall mean , with respect to an account or accounts, any individual who is an "eligible individual" as defined under paragraph (1) of subsection (e) of section 529 A of the Internal Revenue Code of 1986, as amended, or any regulations promulgated thereunder and whose qualified expenses are expected to be paid from the account or accounts. See N.Y. Mental Hygiene Law 84.03
  • Development considerations: means the development considerations of the land use and development plan contained in subdivision four of section eight hundred five. See N.Y. Executive Law 802
  • Devise: To gift property by will.
  • director: shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services. See N.Y. Executive Law 240
  • Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
  • director: means the director of community services, who is the chief executive officer of a local governmental unit, by whatever title known. See N.Y. Mental Hygiene Law 41.03
  • director: means the director of the United States veterans' administration or his successor. See N.Y. Mental Hygiene Law 79.01
  • Director: means the chief administrative officer of the state office of rural affairs. See N.Y. Executive Law 481
  • disability: means
    (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or
    (b)a record of such an impairment or
    (c)a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held. See N.Y. Executive Law 292
  • disability: means , with respect to an individual:
    (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
    (b) a record of such an impairment; or
    (c) being regarded as having such an impairment. See N.Y. Executive Law 701
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • discrimination: shall include segregation and separation. See N.Y. Executive Law 292
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Diversity practices: shall mean the contractor's practices and policies with respect to:
    (a) utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation, as subcontractors and suppliers; and
    (b) entering into partnerships, joint ventures or other similar arrangements with certified minority and women-owned business enterprises as defined in this article or other applicable statute or regulation governing an entity's utilization of minority or women-owned business enterprises. See N.Y. Executive Law 310
  • division: means the state division of human rights created by this article. See N.Y. Executive Law 292
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • educational institution: shall mean :
    (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or
    (b) any for-profit entity that operates a college, university, licensed private career school or certified English as a second language school which holds itself out to the public to be non-sectarian and which is not exempt from taxation pursuant to the provisions of article four of the real property tax law; or
    (c) any public school, including any school district, board of cooperative educational services, public college or public university. See N.Y. Executive Law 292
  • Eligible alcohol and substance abuse programs: means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. See N.Y. Executive Law 261
  • Eligible applicant: shall mean a not-for-profit private or public agency, a school district, a local governmental agency, or a combination of such entities. See N.Y. Executive Law 548-B
  • Eligible programs: means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. See N.Y. Executive Law 261
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emotional abuse: means willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an adult. See N.Y. Social Services Law 473
  • employer: shall include all employers within the state. See N.Y. Executive Law 292
  • employment agency: includes any person undertaking to procure employees or opportunities to work. See N.Y. Executive Law 292
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equipment: means plumbing, heating, electrical, ventilating, air conditioning, refrigerating equipment, elevators, dumb waiters, escalators and other mechanical additions or installations. See N.Y. Executive Law 372
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executive director: shall mean the executive director of the justice center for the protection of people with special needs. See N.Y. Executive Law 550
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facilitator: means an individual or entity authorized by the office for people with developmental disabilities that works with and educates the decision-maker and his or her supporter or supporters about supported decision-making and supported decision-making agreements authorized under this article. See N.Y. Mental Hygiene Law 82.02
  • facility: means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1. See N.Y. Mental Hygiene Law 81.03
  • familial status: when used in this article, means:
    (a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or
    (b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
    (1) a parent or another person having legal custody of such individual or individuals, or
    (2) the designee of such parent. See N.Y. Executive Law 292
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial exploitation: means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets. See N.Y. Social Services Law 473
  • financial exploitation: has the meaning given in section four hundred seventy-three of the social services law. See N.Y. Mental Hygiene Law 82.02
  • financial organization: means an organization authorized to do business in the state of New York and which:
    (a) is licensed or chartered by the department of financial services;
    (b) is licensed or chartered by an agency of the federal government; or
    (c) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government. See N.Y. Mental Hygiene Law 84.03
  • Fire area: means the floor area of a story of a building within exterior walls, party walls, fire walls, or any combination thereof. See N.Y. Executive Law 372
  • Fire protection equipment and systems: means apparatus, assemblies, or systems, either portable or fixed, for use to detect, prevent, control, or extinguish fire. See N.Y. Executive Law 372
  • 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.
  • Flag: shall mean the flag of the United States of America. See N.Y. Executive Law 401
  • 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
  • Forestry use: means any management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, fences and forest drainage systems. See N.Y. Executive Law 802
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • functional level: means the ability to provide for personal needs and/or the ability with respect to property management. See N.Y. Mental Hygiene Law 81.03
  • functional limitations: means behavior or conditions of a person which impair the ability to provide for personal needs and/or property management. See N.Y. Mental Hygiene Law 81.03
  • game: shall mean a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. Executive Law 432
  • gender identity or expression: means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. See N.Y. Executive Law 292
  • Genetic test: shall mean a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic. See N.Y. Executive Law 292
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good faith: means honest in fact and in the observance of reasonable standards of fair dealing. See N.Y. Mental Hygiene Law 82.02
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • guardian: means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate's court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management. See N.Y. Mental Hygiene Law 81.03
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • hearing examiner: means an employee of the division who shall be assigned for stated periods to no other work than the conduct of hearings under this article;
    N.Y. Executive Law 292
  • 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.
  • homeless youth: as used in this article shall be deemed to include "homeless young adults". See N.Y. Executive Law 532-A
  • housing accommodation: includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. See N.Y. Executive Law 292
  • In existence: means
    (a) with respect to any land use or development, including any structure, that such use or development has been substantially commenced or completed, and
    (b)with respect to any subdivision or portion of a subdivision, that such subdivision or portion has been substantially commenced and that substantial expenditures have been made for structures or improvements directly related thereto. See N.Y. Executive Law 802
  • Inappropriate incarceration: means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration. See N.Y. Executive Law 261
  • income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
  • 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.
  • Industrial use: means any manufacturing, production or assembly of goods or material, including any on site waste disposal area directly associated with an industrial use. See N.Y. Executive Law 802
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent debtor: means any insolvent person, partnership, corporation or business association involved in a liquidation proceeding. See N.Y. Debtor and Creditor Law 30
  • Institute: shall mean the New York state Martin Luther King, Jr. See N.Y. Executive Law 321
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • labor organization: includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment. See N.Y. Executive Law 292
  • Land: means the earth, on or below the surface of the ground, including water and air above, the flora and fauna. See N.Y. Executive Law 802
  • Land use areas: means the six types of land use areas of the land use and development plan delineated on the plan map and provided for in subdivision three of section eight hundred five. See N.Y. Executive Law 802
  • Large county: shall mean a county having a population in excess of two hundred eighty-five thousand according to the most recent federal decennial census, provided however, that a county having a population in excess of two hundred eighty-five thousand according to the nineteen hundred eighty federal decennial census shall continue to be a large county thereafter notwithstanding a later census showing a population of less than two hundred eighty-five thousand for such county. See N.Y. Executive Law 310
  • lawful source of income: shall include , but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. See N.Y. Executive Law 292
  • lawfully: means in full compliance with all applicable laws, rules and regulations, including, without limitation, possession of and compliance with any permit or other approval required under the public health law, the environmental conservation law, any local or other governmental regulation. See N.Y. Executive Law 802
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • least restrictive form of intervention: means that the powers granted by the court to the guardian with respect to the incapacitated person represent only those powers which are necessary to provide for that person's personal needs and/or property management and which are consistent with affording that person the greatest amount of independence and self-determination in light of that person's understanding and appreciation of the nature and consequences of his or her functional limitations. See N.Y. Mental Hygiene Law 81.03
  • Lending Institution: means the original lender under the loan agreement or participants therein and its successors and assigns, and may include a banking institution, insurance company, foundation, labor union, employers association, trustees, fiduciaries or any combination of the foregoing. See N.Y. Mental Hygiene Law 75.05
  • Lessee: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a lease with a state agency as defined in subdivision eleven of this section, or a respondent in conjunction with the award of such a lease or a proposed lessee with a state agency as defined in subdivision eleven of this section. See N.Y. Executive Law 310
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensing examination: means any test or examination that is given in New York and used to determine whether an applicant will be licensed, certified, admitted, or otherwise permitted to practice any profession, business, trade, activity, or pursuit. See N.Y. Executive Law 328
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquidation proceeding: includes all assignments for the benefit of creditors, whether voluntary or by operation of law; equity receiverships where the subject under receivership is insolvent; and any other proceedings for distribution of assets of any insolvent debtor, whether a person, partnership, corporation or business association except proceedings under article seventy-four of the insurance law and article thirteen of the banking law. See N.Y. Debtor and Creditor Law 30
  • Liquidator: means any person administering assets in any liquidation proceedings. See N.Y. Debtor and Creditor Law 30
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: shall include all county, city, town and village governing bodies, all other public corporations, special districts and school districts in the state. See N.Y. Executive Law 401
  • local facility: means a facility offering local services and includes a community mental health and developmental disabilities facility as defined in section three of the facilities development corporation act and, for the purposes of this article, a mental hygiene facility, as defined in said section, to be made available for use in providing local services under lease, sublease, license or permit from the facilities development corporation to one or more local governmental units or to a voluntary agency at the request of a commissioner of an office in the department. See N.Y. Mental Hygiene Law 41.03
  • Local government: means a village, town (outside the area of any incorporated village) or city. See N.Y. Executive Law 372
  • local government: means a county, except a county within the city of New York, and the city of New York. See N.Y. Mental Hygiene Law 41.03
  • Local government: means any city, town or village whose boundaries lie wholly or partly within the Adirondack park, except that such term shall not include in the case of a town that portion thereof within any incorporated village. See N.Y. Executive Law 802
  • local governmental unit: means the unit of local government given authority in accordance with this chapter by local government to provide local services. See N.Y. Mental Hygiene Law 41.03
  • Local land use program: means any comprehensive land use and development planning and control program undertaken by a local government that includes local land use controls, such as zoning and subdivision regulations and a sanitary code, and governs land use and development and subdivision of land within the entire jurisdiction of the local government. See N.Y. Executive Law 802
  • local services: includes services for individuals with mental illness or developmental disabilities whose conditions, including but not limited to cerebral palsy and epilepsy, are associated with mental disabilities, and those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence, which are provided by a local government or by a voluntary agency pursuant to a contract with a local governmental unit or the office of mental health. See N.Y. Mental Hygiene Law 41.03
  • local services plan: means the plan of local services which is submitted by a local governmental unit and approved by the commissioner pursuant to section 41. See N.Y. Mental Hygiene Law 41.03
  • Local youth bureau: shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city. See N.Y. Executive Law 412
  • major medical or dental treatment: means a medical, surgical or diagnostic intervention or procedure where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period, or which involves the administration of psychotropic medication or electroconvulsive therapy; it does not include any routine diagnosis or treatment such as the administration of medications other than chemotherapy for non-psychiatric conditions or nutrition or the extraction of bodily fluids for analysis; dental care performed with a local anesthetic; and any procedures which are provided under emergency circumstances, pursuant to section two thousand five hundred four of the public health law. See N.Y. Mental Hygiene Law 81.03
  • Major medical treatment: means a medical, surgical or diagnostic intervention or procedures where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation or having a significant recovery period. See N.Y. Mental Hygiene Law 80.03
  • Major public utility use: means any electric power transmission or distribution line and associated equipment of a rating of more than fifteen kilovolts which is one mile or more in length; any telephone inter-exchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing twenty-five or more pairs of wire and designed to provide initial telephone service for new structures; any television, cable television, radio, telephone or other communication transmission tower; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks, designed to service fifty or more principal buildings. See N.Y. Executive Law 802
  • Majority leader: see Floor Leaders
  • Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Mental Hygiene Law 84.03
  • Master plan for management of state lands: means the master plan for management of state lands referred to in section eight hundred sixteen. See N.Y. Executive Law 802
  • Means of egress: means a continuous unobstructed way of exit from any point in a building or structure to a public way. See N.Y. Executive Law 372
  • mental hygiene facility: means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1. See N.Y. Mental Hygiene Law 81.03
  • Mental hygiene facility: shall mean a facility as defined in subdivision six of section 1. See N.Y. Executive Law 550
  • Metropolitan area: shall mean a city with a population of one million or more and a county having a population in excess of one million and immediately contiguous to such city. See N.Y. Executive Law 310
  • military status: when used in this article means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law. See N.Y. Executive Law 292
  • Mineral extraction: means any extraction, other than specimens or samples, from the land of stone, coal, salt, ore, talc, granite, petroleum products or other materials, except for commercial sand, gravel or topsoil extractions; including the construction, alteration or maintenance of mine roads, mine tailing piles or dumps and mine drainage. See N.Y. Executive Law 802
  • Minority group member: shall mean a United States citizen or permanent resident noncitizen who is and can demonstrate membership in one of the following groups:
    (a) Black persons having origins in any of the Black African racial groups;
    (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
    (c) Native American or Alaskan native persons having origins in any of the original peoples of North America. See N.Y. Executive Law 310
  • Minority leader: See Floor Leaders
  • Minority-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
    (a) at least fifty-one percent owned by one or more minority group members;
    (b) an enterprise in which such minority ownership is real, substantial and continuing;
    (c) an enterprise in which such minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
    (d) an enterprise authorized to do business in this state and independently owned and operated;
    (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
    (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
  • Mobile crisis teams: means a team licensed, certified, or authorized by the office of mental health and the office of addiction services and supports to provide community-based mental health or substance use disorder interventions for individuals who are experiencing a mental health or substance use disorder crisis. See N.Y. Mental Hygiene Law 36.03
  • Mobile home: means any self-contained dwelling unit that is designed to be transported on its own wheels or those of another vehicle, may contain the same water supply, sewage disposal and electric system as immobile housing and is used for either permanent or seasonal occupancy. See N.Y. Executive Law 802
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • most integrated setting: means a setting that is appropriate to the needs of the individual with the disability and enables that individual to interact with nondisabled persons to the fullest extent possible. See N.Y. Executive Law 701
  • Multiple family dwelling: means any apartment, town house, condominium or similar building, including the conversion of an existing single family dwelling, designed for occupancy in separate dwelling units therein by more than one family. See N.Y. Executive Law 802
  • Municipal youth bureau: shall mean either:
    N.Y. Executive Law 412
  • Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 412
  • Municipality: shall mean any city, town or village within this state. See N.Y. Executive Law 432
  • Municipality: means any county, city, town, village, or school district. See N.Y. Executive Law 481
  • Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 532-A
  • Municipality: means any municipal corporation, district corporation or public benefit corporation as such terms are defined in section three of the general corporation law, and any agency or instrumentality of the foregoing, except that the term public benefit corporation shall not include any such corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
  • necessary party: means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding. See N.Y. Executive Law 292
  • neglect: has the meaning defined in paragraph (d) of subdivision one of section four hundred seventy-three of the social services law. See N.Y. Mental Hygiene Law 82.02
  • net operating costs: means operating costs from which have been deducted the following:
    (a) revenues for operating costs received from other state agencies or another local government pursuant to an agreement to purchase local services. See N.Y. Mental Hygiene Law 41.03
  • new land use: means any land use or development that is not a preexisting use. See N.Y. Executive Law 802
  • Non-technical violation: means :
    (a) the commission of a new felony or misdemeanor offense; or
    (b) conduct by a releasee who is serving a sentence for an offense defined in article 130 of the penal law or section 255. See N.Y. Executive Law 259
  • Nonqualified withdrawal: shall mean a withdrawal from an account for other than a qualified expense, or a withdrawal made as the result of the death or disability of the designated beneficiary of an account. See N.Y. Mental Hygiene Law 84.03
  • NSPL: means the national network of local crisis centers that provide free and confidential emotional support to people in suicidal crisis or emotional distress twenty-four hours a day, seven days a week via a toll-free hotline number, which receives calls made through the 9-8-8 system. See N.Y. Mental Hygiene Law 36.03
  • NY ABLE account: shall mean an individual savings account established in accordance with the provisions of section 529 A of the Internal Revenue Code. See N.Y. Mental Hygiene Law 84.03
  • 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.
  • Office: means the office of probation and correctional alternatives. See N.Y. Executive Law 261
  • Office: shall mean the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
  • Office: means the office of fire prevention and control created pursuant to article six-C of this chapter. See N.Y. Executive Law 372
  • Office: shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
  • Office: means the state office of rural affairs created by this article. See N.Y. Executive Law 481
  • operating costs: means expenditures, excluding capital costs, incurred in the operation and maintenance of the community mental health, developmental disabilities, and alcoholism services board and of local facilities in accordance with this article and the regulations of the commissioner, by a local government or by a voluntary agency pursuant to a contract with a local governmental unit. See N.Y. Mental Hygiene Law 41.03
  • Optional shoreline clustering provisions: means those provisions set forth as an alternative to the shoreline restrictions in section eight hundred six. See N.Y. Executive Law 802
  • organized militia of the state: when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard. See N.Y. Executive Law 292
  • Overall intensity guidelines: means the overall intensity guidelines for development for the various land use areas of the land use and development plan as contained in subdivision three of section eight hundred five. See N.Y. Executive Law 802
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Panel: means a subcommittee of four members of the surrogate decision-making committee. See N.Y. Mental Hygiene Law 80.03
  • park: means land lying within the area described in subdivision one of section 9-0101 of the environmental conservation law including any future amendments thereto. See N.Y. Executive Law 802
  • parties to the proceeding: means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article. See N.Y. Executive Law 292
  • 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: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See N.Y. Executive Law 292
  • person: includes a partnership, corporation, or an association. See N.Y. Mental Hygiene Law 79.01
  • Person: means any individual, corporation, partnership, association, trustee, municipality or other legal entity, but shall not include the state or any state agency. See N.Y. Executive Law 802
  • personal needs: means needs such as, but not limited to, food, clothing, shelter, health care, and safety. See N.Y. Mental Hygiene Law 81.03
  • Personal net worth: shall mean the aggregate adjusted net value of the assets of an individual remaining after total liabilities are deducted. See N.Y. Executive Law 310
  • Personal property: All property that is not real property.
  • Physical abuse: means the non-accidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained. See N.Y. Social Services Law 473
  • physical coercion: means to place under duress, menace, or threaten physical violence or imprisonment. See N.Y. Mental Hygiene Law 82.02
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. See N.Y. Executive Law 261
  • plan: means the Adirondack park land use and development plan prepared by the Adirondack park agency as directed by law, approved by the agency on March three, nineteen hundred seventy-three, adopted in subdivision one of section eight hundred five, including the plan map, and any amendments thereto, the provisions of the plan as contained in subdivisions three and four of section eight hundred five and sometimes referred to as the "provisions of the plan" and any amendments thereto, and the shoreline restrictions contained in section eight hundred six, and any amendments thereto. See N.Y. Executive Law 802
  • plan map: means the map portion of the land use and development plan on file at the headquarters of the Adirondack park agency as required in subdivision one of section eight hundred five. See N.Y. Executive Law 802
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predisposing genetic characteristic: shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability. See N.Y. Executive Law 292
  • preexisting subdivision: means any subdivision or portion of a subdivision lawfully in existence prior to August one, nineteen hundred seventy-three, provided, however, that with respect to any subdivision or portion of a subdivision exempt from the agency's interim project review powers under subdivision thirteen of section eight hundred fifteen until June one, nineteen hundred seventy-three, such date shall be substituted herein for August one, nineteen hundred seventy-three. See N.Y. Executive Law 802
  • preexisting use: means any land use or development, including any structure, lawfully in existence prior to August one, nineteen hundred seventy-three, provided, however, that with respect to any land use or development exempt from the agency's interim project review powers under subdivision thirteen of section eight hundred fifteen until June one, nineteen hundred seventy-three, such date shall be substituted herein for August one, nineteen hundred seventy-three. See N.Y. Executive Law 802
  • pregnancy-related condition: means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. See N.Y. Executive Law 292
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal building: means any one of the following:
    N.Y. Executive Law 802
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Mental Hygiene Law 84.03
  • Project: shall mean a neighborhood based initiatives project established in accordance with section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • Project: means any new land use and development or subdivision of land that is subject to the review jurisdiction of either the agency or local government under this article. See N.Y. Executive Law 802
  • Project sponsor: means any person making application to the agency, or a local government for the review of a project. See N.Y. Executive Law 802
  • property management: means taking actions to obtain, administer, protect, and dispose of real and personal property, intangible property, business property, benefits, and income and to deal with financial affairs. See N.Y. Mental Hygiene Law 81.03
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • protective hairstyles: shall include , but not be limited to, such hairstyles as braids, locks, and twists. See N.Y. Executive Law 292
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public or semi-public building: means any component building of a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center or similar facility, or a municipal building. See N.Y. Executive Law 802
  • Public utility use: means any public utility use, equipment or structure which is not a "major public utility use. See N.Y. Executive Law 802
  • publicly-assisted housing accommodations: shall include all housing accommodations within the state of New York in
    (a) public housing,
    (b) housing operated by housing companies under the supervision of the commissioner of housing,
    (c) housing constructed after July first, nineteen hundred fifty, within the state of New York
    (1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
    (2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine,
    (3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or
    (4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance,
    (d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
    (e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof. See N.Y. Executive Law 292
  • Qualified expenses: shall mean any qualified disability expense included in paragraph (5) of subsection (e) of section 529 A of the Internal Revenue Code of 1986, as amended, or any regulations promulgated thereunder. See N.Y. Mental Hygiene Law 84.03
  • Quorum: The number of legislators that must be present to do business.
  • real estate broker: means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other incumbrance upon or transfer of real estate. See N.Y. Executive Law 292
  • real estate salesperson: means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker. See N.Y. Executive Law 292
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reasonable accommodation: means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested. See N.Y. Executive Law 292
  • 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
  • regulated creditor: when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the department of financial services or which is otherwise subject to the supervision of the department of financial services. See N.Y. Executive Law 292
  • Releasee: means an individual released from an institution under the jurisdiction of the department into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole. See N.Y. Executive Law 259
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • reserve armed forces: when used in this article, means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve. See N.Y. Executive Law 292
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • review board: means the board established in section eight hundred three-a. See N.Y. Executive Law 802
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Runaway and homeless youth crisis services program: shall mean :
    (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides services to runaway youth and homeless youth in accordance with the regulations of the office of children and family services; or
    (b) any residential program which is operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of the social services law, and certified by the office of children and family services to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the office of temporary and disability assistance and the office of children and family services. See N.Y. Executive Law 532-A
  • Runaway youth: shall mean a person under the age of eighteen years who is absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian. See N.Y. Executive Law 532-A
  • Rural areas: means counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. See N.Y. Executive Law 481
  • Rural development and revitalization: shall mean those policies, programs, laws, regulations, or other matters having to do with rural areas including, but not limited to, human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing; and local government services and management. See N.Y. Executive Law 481
  • Safe house: shall mean a residential program for sexually exploited children as defined in subdivision one of section four hundred forty-seven-a of the social services law. See N.Y. Executive Law 532-A
  • Savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Mental Hygiene Law 84.03
  • Secretary: means the secretary of state. See N.Y. Executive Law 372
  • secure facility: means a residential facility in which a juvenile delinquent may be placed under this article, which is characterized by physically restricting construction, hardware and procedures, and is designated as a secure facility by the division under this section. See N.Y. Executive Law 504-A
  • Secured creditor: means a creditor who has either legal or equitable security for his debt upon any property of the insolvent debtor of a nature to be liquidated and distributed in a liquidation proceeding, or a creditor to whom is owed a debt for which such security is possessed by some endorser, surety, or other person secondarily liable. See N.Y. Debtor and Creditor Law 30
  • Self neglect: means an adult's inability, due to physical and/or mental impairments to perform tasks essential to caring for oneself, including but not limited to, providing essential food, clothing, shelter and medical care; obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety; or managing financial affairs. See N.Y. Social Services Law 473
  • 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.
  • Sexual abuse: means non-consensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party. See N.Y. Social Services Law 473
  • sexual orientation: means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. See N.Y. Executive Law 292
  • Shoreline: means that line at which land adjoins the waters of lakes, ponds, rivers and streams within the Adirondack park at mean high water. See N.Y. Executive Law 802
  • Shoreline restrictions: means those restrictions upon land use and development or subdivisions of land as contained in section eight hundred six. See N.Y. Executive Law 802
  • Single family dwelling: means any detached building containing one dwelling unit, not including a mobile home. See N.Y. Executive Law 802
  • Ski center: means any trail or slope for alpine skiing; including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto. See N.Y. Executive Law 802
  • State: means the state of New York. See N.Y. Executive Law 802
  • State agency: shall mean
    (a)(i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of section seventy-three of the public officers law;
    (b) a "state authority" as defined in subdivision one of section two of the public authorities law, and the following:

    Albany County Airport Authority;

    Albany Port District Commission;

    Alfred, Almond, Hornellsville Sewer Authority;

    Battery Park City Authority;

    Cayuga County Water and Sewer Authority;

    (Nelson A. See N.Y. Executive Law 310

  • State agency: means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of whose board is appointed by the governor. See N.Y. Executive Law 372
  • State agency: means any department, office, council, or agency of the state, or any public benefit corporation or authority authorized by the laws of the state. See N.Y. Executive Law 481
  • State agency: means any department, bureau, commission, board or other agency of the state, including any public benefit corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
  • State aid: shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article. See N.Y. Executive Law 412
  • State assisted housing project: shall mean , for such projects which receive from the New York state housing finance agency, the affordable housing corporation, the housing trust fund corporation or the division of housing and community renewal a grant or loan for all or part of the total project cost:
    (a) a "permanent housing project for homeless families" or "project" as defined in subdivision five of section sixty-four of the private housing finance law;
    (b) a "project" as defined in subdivision twelve of section one thousand one hundred one of the private housing finance law provided said project is located in a large county and consists of more than twelve residential units at a single site;
    (c) "affordable home ownership development programs" or "project" as defined in subdivision eight of section one thousand one hundred eleven of the private housing finance law provided said project is located in a metropolitan area as herein defined and consists of more than twelve residential units at a single site;
    (d) a "turnkey/enhanced rental project" or "project" as defined in subdivision two of section one thousand one hundred six-a of the private housing finance law;
    (e) "infrastructure improvements" as defined in subdivision two of section one thousand one hundred thirty-one of the private housing finance law, to the extent that such "infrastructure improvements" are applied for in connection with a state assisted housing project as defined in paragraphs (a) through (d) of this subdivision and provided further that the applicant for such infrastructure improvements and for such state assisted housing project are identical. See N.Y. Executive Law 310
  • State contract: shall mean :
    (a) a written agreement or purchase order instrument, providing for a total expenditure in excess of twenty-five thousand dollars, whereby a contracting agency is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or any combination of the foregoing, to be performed for, on behalf of, or rendered or furnished to the contracting agency;
    (b) a written agreement in excess of one hundred thousand dollars whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and
    (c) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Executive Law 310
  • State oversight agency: shall mean the state agency that operates, licenses or certifies an applicable facility or provider agency as defined in subdivision four of section four hundred eighty-eight of the social services law; provided however that such term shall only include the following entities: the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, the office of children and family services, the department of health and the state education department. See N.Y. Executive Law 550
  • Statewide advocate: shall mean the person appointed by the director to serve in the capacity of the minority and women-owned business enterprise statewide advocate and procurement ombudsman. See N.Y. Executive Law 310
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structure: means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, single family dwellings, mobile homes, signs, tanks, fences and poles and any fixtures, additions and alterations thereto. See N.Y. Executive Law 802
  • Subcontract: shall mean an agreement providing for a total expenditure in excess of twenty-five thousand dollars for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major repair, renovation, planning or design of real property or improvements thereon for the beneficial use of the contractor. See N.Y. Executive Law 310
  • subdivision: means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. See N.Y. Executive Law 802
  • 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: when used in this article, means the head of the department of financial services appointed pursuant to section two hundred two of the financial services law. See N.Y. Executive Law 292
  • supported decision-making: means a way by which a decision-maker utilizes support from trusted persons in their life, in order to make their own decisions about their life, including, but not limited to, decisions related to where and with whom the decision-maker wants to live; decisions about finances; the services, supports, and health care the decision-maker wants to receive; and where the decision-maker wants to work. See N.Y. Mental Hygiene Law 82.02
  • supported decision-making agreement: is a n agreement a decision-maker enters into with one or more supporters under this section that describes how the decision-maker uses supported decision-making to make their own decisions. See N.Y. Mental Hygiene Law 82.02
  • supporter: means an adult who has voluntarily entered into a supported decision-making agreement with a decision-maker, agreeing to assist the decision-maker in making their own decisions as prescribed by the supported decision-making agreement, and who is not ineligible under section 82. See N.Y. Mental Hygiene Law 82.02
  • Surrogate decision-making committee: means a committee of at least twelve persons established pursuant to section 80. See N.Y. Mental Hygiene Law 80.03
  • Technical violation: means any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law. See N.Y. Executive Law 259
  • Temporary greenhouse: means specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. See N.Y. Executive Law 372
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Test subject: means an individual to whom a test or examination is administered. See N.Y. Executive Law 328
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tourist accommodation: means any hotel, motel, resort, tourist cabin or similar facility designed to house the general public. See N.Y. Executive Law 802
  • Tourist attraction: means any man-made or natural place of interest open to the general public and for which an admittance fee is usually charged, including but not limited to animal farms, amusement parks, replicas of real or fictional places, things or people and natural geological formations. See N.Y. Executive Law 802
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transitional independent living support program: shall mean :
    (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with the applicable regulations of the office of children and family services; or
    (b) any residential program established and operated to provide supportive services, in accordance with the regulations of the office of children and family services, to enable homeless youth to progress from crisis care and transitional care to independent living. See N.Y. Executive Law 532-A
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truss type construction: means a fabricated structure of wood or steel, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. See N.Y. Executive Law 372
  • Trustee: A person or institution holding and administering property in trust.
  • undue influence: means moral or mental coercion that leads someone to carry out the wishes of another instead of their own because they are unable to refuse or resist. See N.Y. Mental Hygiene Law 82.02
  • unlawful discriminatory practice: includes only those practices specified in sections two hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of this article. See N.Y. Executive Law 292
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • use: means any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of the use of land or a structure. See N.Y. Executive Law 802
  • Utilization plan: shall mean a plan prepared by a contractor and submitted in connection with a proposed state contract. See N.Y. Executive Law 310
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • voluntary agency: means a corporation organized or existing pursuant to the not-for-profit corporation law for the purpose of providing local services. See N.Y. Mental Hygiene Law 41.03
  • Vulnerable person: shall mean a person who, due to physical or cognitive disabilities, or the need for services or placement, is receiving services from a facility or provider agency as defined in subdivision four of section four hundred eighty-eight of the social services law. See N.Y. Executive Law 550
  • ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01
  • Waste disposal area: means any area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use. See N.Y. Executive Law 802
  • Watershed management or flood control project: means any dam, impoundment, dike, rip rap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of rivers or streams or the natural level or condition of lakes or ponds. See N.Y. Executive Law 802
  • Wetlands: means any land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh which are either (a) one acre or more in size or (b) located adjacent to a body of water, including a permanent stream, with which there is free interchange of water at the surface, in which case there is no size limitation. See N.Y. Executive Law 802
  • Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
    (a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
    (b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
    (c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
    (d) an enterprise authorized to do business in this state and independently owned and operated;
    (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
    (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Youth: shall mean any person under twenty-one years of age. See N.Y. Executive Law 412
  • Youth development program: shall mean a local program designed to accomplish the broad purposes of this article subject to the rules and regulations of the office; provided however, the term "youth development program" shall not include approved runaway programs or transitional independent living support programs as such terms are defined in section five hundred thirty-two-a of this chapter. See N.Y. Executive Law 412
  • Youth in need of crisis intervention or respite services: shall mean a person under the age of eighteen years who is a potential respondent under article seven of the family court act, who, with the consent of his or her parent or other person legally responsible for the youth, is determined by the local juvenile probation department or social services official to be in need of crisis intervention or respite services. See N.Y. Executive Law 532-A