§ 130.15 Commanding officer’s non-judicial punishment

Terms Used In New York Laws > Military > Article 7 > Part 3 - Non-Judicial Punishment

  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 821
  • Department: shall mean the department of labor. See N.Y. Executive Law 821
  • Director: shall mean the director of the division of minority and women's business development. See N.Y. Executive Law 821
  • Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
    (2) "Officer" means a commissioned officer including a commissioned warrant officer;
    (3) "Superior officer" means an officer superior in rank or command;
    (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
    (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
    (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
    (7) "Military court" means a court-martial, a court of inquiry, a provost court;
    (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
  • 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. See N.Y. Executive Law 821
  • State contract: shall mean :
    (a) a written agreement in excess of one hundred thousand dollars whereby a state 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
    (b) 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 821
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.