Sections
Chapter 1 Air Pollution Control 24-101 – 24-190
Chapter 2 Noise Control 24-201 – 24-270
Chapter 3 Water Supply 24-301 – 24-369
Chapter 4 Gas and Electric Lines 24-404 – 24-425
Chapter 5 Drainage and Sewer Control 24-501 – 24-531
Chapter 5-A Water Pollution Control 24-540 – 24-590
Chapter 6 Hazardous Substance Emergencies 24-601 – 24-612
Chapter 7 Community Right-to-Know Law 24-701 – 24-718
Chapter 8 New York City Climate Protection Act 24-801 – 24-808
Chapter 9 Local Brownfield Cleanup Program 24-901 – 24-908
Chapter 10 Environmental Hazard Remediation 24-1000 – 24-1003

Terms Used In New York Laws > New York City Administrative Code > Title 24 - Environmental Protection and Utilities

  • Abandonment: means the intentional relinquishment or forsaking of all possession or control of any substance. See N.Y. Environmental Conservation Law 71-4401
  • Acquiring corporation: means a corporation that is participating in a procedure pursuant to which such corporation is acquiring all of the outstanding shares of one or more classes of a subject corporation. See N.Y. Business Corporation Law 913
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: shall mean the Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 72-0301
  • Actual emissions: means the emissions which were emitted to the ambient air, and shall include fugitive emissions if such emissions are considered in determining whether a source is a major air contamination source. See N.Y. Environmental Conservation Law 72-0301
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administrative head or body: means the chief official or board of a county hurricane protection, flood and shoreline erosion control district. See N.Y. County Law 280-A
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected local government: shall mean every municipality in which land subject to an environmental easement is located. See N.Y. Environmental Conservation Law 71-3603
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means a county hurricane protection, flood and shoreline erosion control agency. See N.Y. County Law 280-A
  • Air contamination source: means all sources required to obtain a permit, certificate or approval pursuant to article nineteen of this chapter. See N.Y. Environmental Conservation Law 72-0301
  • Allegation: something that someone says happened.
  • Alternative fuel: means a fuel, other than gasoline or standard diesel fuel, which may be used to power a generator subject to the provisions of this section so long as the respective quantities of each pollutant emitted by such generator when operated using such fuel do not exceed the respective quantities of each pollutant emitted when such generator is operated using ultra low sulfur diesel fuel. See N.Y. New York City Administrative Code 24-163.8
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • 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
  • 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.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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-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.
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: 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
  • Benefit corporation: means a business corporation incorporated under this article and whose status as a benefit corporation has not been terminated as provided in this article. See N.Y. Business Corporation Law 1702
  • Bequest: Property gifted by will.
  • Board: means the board of supervisors of a county or an elected county legislative body or city legislative body by whatsoever name designated. See N.Y. County Law 301
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See N.Y. Environmental Conservation Law 37-0901
  • Chemical of concern: means a chemical identified by the department by rule pursuant to subdivision one of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • child care product: means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups. See N.Y. Environmental Conservation Law 37-0503
  • Child care product: means a consumer product intended for use by children under three years of age, such as baby products, toys, car seats, nursing pillows, crib mattresses, and strollers. See N.Y. Environmental Conservation Law 37-0703
  • Children: means a person or persons aged twelve and under. See N.Y. Environmental Conservation Law 37-0901
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Combustion installation: means one or more furnace, device, engine or turbine in which fossil fuel or wood is burned with air or oxygen and the air contaminant emissions include only those products resulting from:

    a. See N.Y. Environmental Conservation Law 72-0301

  • Commissioner: means the commissioner of the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
  • Commissioner: shall mean the commissioner of environmental conservation except that within and for the purposes of title eleven of this article, the commissioner of parks and recreation. See N.Y. Environmental Conservation Law 51-0101
  • Commissioner: means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
  • Commissioner: shall mean the commissioner of consumer and worker protection. See N.Y. New York City Administrative Code 20-102
  • Commissioners: shall mean the state commissioner of environmental conservation and the state commissioner of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 49-0201
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation easement: means an easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in section 49-0301 of this title, provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution. See N.Y. Environmental Conservation Law 49-0303
  • Consolidation: means a procedure of the character described in subparagraph (a) (2). See N.Y. Business Corporation Law 901
  • Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-1001
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from responsible parties or otherwise. See N.Y. Environmental Conservation Law 52-0101
  • Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from other parties. See N.Y. Environmental Conservation Law 54-0101
  • Cost: means the capital cost of a municipal landfill closure project or a municipal landfill gas management project, including engineering and architectural services, plans and specifications, consultant and legal services, and other direct capital expenses incident to such project, less any federal or other assistance for such project received or to be received. See N.Y. Environmental Conservation Law 54-0501
  • Cost: means the capital cost of a municipal recycling project including engineering and architectural services, surveys, plans and specifications; consultant and legal services; lands acquired pursuant to the conditions set forth in section 54-0709 of this title, and other direct capital expenses incident to such a project, less any federal assistance or other assistance received or to be received. See N.Y. Environmental Conservation Law 54-0701
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 52-0101
  • Department: shall mean the department of consumer and worker protection. See N.Y. New York City Administrative Code 20-102
  • Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 54-0101
  • 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.
  • Design professional: means an individual licensed and registered pursuant to title eight of the education law to practice professional engineering, architecture, landscape architecture, geology or land surveying. See N.Y. Business Corporation Law 1501
  • Design professional service corporation: means a corporation organized under this article practicing professional engineering, architecture, landscape architecture, geology, or land surveying, or practicing any combination of such professions. See N.Y. Business Corporation Law 1501
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment, or the abandonment of any substance. See N.Y. Environmental Conservation Law 71-4401
  • Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. Environmental Conservation Law 72-0401
  • Distributor: means a person who sells children's products to retail establishments on a wholesale basis. See N.Y. Environmental Conservation Law 37-0901
  • district: means a county hurricane proection, flood and shoreline erosion control district except where otherwise stated. See N.Y. County Law 280-A
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • dwelling: shall mean any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other; or is a garden-type maisonette dwelling project as defined in the multiple dwelling law or other similar dwellings which in their aggregate are arranged or designed to provide three or more apartments, have common facilities such as but not limited to a sewer line, water main, or heating plant and are operated as a unit under common ownership, notwithstanding that certificates of occupancy were issued for portions thereof as one or two family dwellings or that the dwellings are not a multiple dwelling as defined in the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 782
  • Electronic display: means a consumer product with a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space. See N.Y. Environmental Conservation Law 37-1001
  • Emission point: means any conduit, chimney, duct, vent, flue, stack or other functionally equivalent opening through which regulated air contaminants are emitted to the ambient air. See N.Y. Environmental Conservation Law 72-0301
  • 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.
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota, and all other natural resources. See N.Y. Environmental Conservation Law 71-4401
  • Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. Environmental Conservation Law 72-0401
  • Environmental easement: shall mean an interest in real property, created under and subject to the provisions of this title which contains a use restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls; provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution. See N.Y. Environmental Conservation Law 71-3603
  • 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
  • Equity security: means any stock, bond, or other obligation of a target company, the holder of which has the right to vote for the election of members of the board of directors, or those exercising a similar function if the target company is not a corporation, of such target company. See N.Y. Business Corporation Law 1601
  • 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 session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • facility: means all contiguous land and structures, other appurtenances and improvements on the land, used for treating, storage or disposing of hazardous waste. See N.Y. Environmental Conservation Law 72-0401
  • Facility: means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment, or any vessel for which a permit is required under titles seven and eight of article seventeen of this chapter. See N.Y. Environmental Conservation Law 72-0601
  • Facility: means any stationary or movable intake mechanism for the withdrawal of fresh water. See N.Y. Environmental Conservation Law 72-0701
  • Facility: means any structure or site improvement including paths, trails, roads, bridges, ramps and buildings. See N.Y. Environmental Conservation Law 54-0101
  • Facility: means all buildings, equipment, structures, and other stationary items located on a single site or adjacent sites and owned or operated by the same person (or by any person who controls, is controlled by, or is under common control with, such person). See N.Y. Environmental Conservation Law 37-0301
  • Facility operator: means the person who is responsible for the operation of a treatment, storage or disposal facility as defined in subdivision sixteen of this section. See N.Y. Environmental Conservation Law 72-0401
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal assistance: shall mean funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 52-0101
  • Federal assistance: means funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 54-0101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign professional service corporation: means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the shareholders, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. See N.Y. Business Corporation Law 1525
  • 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.
  • Fugitive emissions: means those emissions of a regulated air contaminant that could not reasonably pass through an emission point. See N.Y. Environmental Conservation Law 72-0301
  • Gel foam mattress: means a mattress in which interior foam layers are composed of polyurethane foam or latex foam which has a polyurethane-based gel material either mixed with the foam or applied to the outer surface of polyurethane or latex foam, or a mattress in which the core or padding layers are composed solely of gel material. See N.Y. Environmental Conservation Law 37-1001
  • General public benefit: means a material positive impact on society and the environment, taken as a whole, assessed against a third-party standard, from the business and operations of a benefit corporation. See N.Y. Business Corporation Law 1702
  • Generator: means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. See N.Y. Environmental Conservation Law 72-0401
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: shall mean

    a. See N.Y. Environmental Conservation Law 51-0101

  • Governing body: means

    (a) in the case of a town, a town board;

    (b) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;

    (c) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;

    (d) in the case of a public benefit corporation, the board of directors, members or trustees thereof;

    (e) in the case of a school district, the board of education thereof;

    (f) in the case of a supervisory district, the board of cooperative educational services thereof. See N.Y. Environmental Conservation Law 52-0101

  • Governing body: means :

    a. See N.Y. Environmental Conservation Law 54-0101

  • governing body: means the elected legislative body of the county. See N.Y. County Law 280-A
  • 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.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • 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.
  • Hazardous waste: means a waste identified or listed as hazardous pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
  • High-priority chemical: means (a) a chemical designated pursuant to paragraph (a) of subdivision two of section 37-0905 of this title; and

    (b) a chemical adopted by the department pursuant to paragraph (b) of subdivision two of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901

  • Historic preservation project: means :

    (a) State historic preservation projects. See N.Y. Environmental Conservation Law 52-0101

  • Historic preservation project: means a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the state or national registers of historic places to protect the historic, cultural or architectural significance thereof or a project for planning or structural assessments for such properties. See N.Y. Environmental Conservation Law 54-0901
  • Household hazardous waste: shall mean solid waste emanating from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas) which but for their point of generation, would be a hazardous waste under title 9 of article 27 of this chapter or a "pesticide" as defined in article 33 of this chapter. See N.Y. Environmental Conservation Law 54-0701
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • impoundment: means a facility or part of a facility which is a natural topographical depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of solid waste in semi-solid or liquid form, and which is not an injection well. See N.Y. Environmental Conservation Law 72-0401
  • Incapacitated: means that a person, as a result of the use of alcohol and/or substances, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment. See N.Y. Mental Hygiene Law 22.09
  • Incinerator: means any structure or furnace in which combustion takes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with fossil fuel. See N.Y. Environmental Conservation Law 72-0301
  • Incinerator: means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down solid, liquid, or gaseous combustible hazardous wastes, producing residue that contains little or no combustible materials. See N.Y. Environmental Conservation Law 72-0401
  • 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
  • Independent: means that a person has no material relationship with a benefit corporation or any of its subsidiaries. See N.Y. Business Corporation Law 1702
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • 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.
  • Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, at which solid waste will remain after closure, and which is not a landspreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 52-0101
  • Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 54-0501
  • Landfill gas management system: means an active system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 54-0501
  • Lands: shall mean lands, improvements and structures thereon or rights, franchises, and interests therein, lands under water and riparian rights, and shall also mean any and all interests in lands less than full title, including without limitations, easements, permanent or temporary, rights of way, uses, leases, licenses, and any other estate, interests or right in lands, legal or equitable. See N.Y. Environmental Conservation Law 51-0101
  • 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.
  • Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
  • 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
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: shall mean an authorization by the department of consumer and worker protection to carry on various activities within its jurisdiction, which may take the form of a license, permit, registration, certification or such other form as is designated under law, regulation or rule. See N.Y. New York City Administrative Code 20-102
  • licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Business Corporation Law 1501
  • Licensing authority: means the regents of the university of the state of New York or the state education department, as the case may be, in the case of all professions licensed under title eight of the education law, and the appropriate appellate division of the supreme court in the case of the profession of law. See N.Y. Business Corporation Law 1525
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Listed hazardous waste: means a waste which appears on the list promulgated by the commissioner pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: see Floor Leaders
  • manufacture: means to produce, prepare, import, or compound a toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • manufactured home: means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include a "mobile home" as defined in subdivision five of this section, and shall include a structure which meets all the requirements of this subdivision except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development. See N.Y. Real Property Actions and Proceedings Law 790
  • manufactured home park: means a contiguous parcel of privately owned land which is used for the accommodation of three or more manufactured homes occupied for year-round living. See N.Y. Real Property Actions and Proceedings Law 790
  • manufacturer: includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States. See N.Y. Environmental Conservation Law 37-0901
  • Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
  • Merger: means a procedure of the character described in subparagraph (a) (1). See N.Y. Business Corporation Law 901
  • Minimum status vote: means that, in addition to any other approval or vote required by this chapter, the certificate of incorporation or a bylaw adopted by the shareholders:

    (1) The holders of shares of every class or series that are entitled to vote on the corporate action shall be entitled to vote as a class on the corporate action; and

    (2) The corporate action must be approved by vote of the shareholders of each class or series entitled to cast at least three-quarters of the votes that all shareholders of the class or series are entitled to cast thereon. See N.Y. Business Corporation Law 1702

  • Minority leader: See Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipal park project: means a project undertaken by a municipality or a not-for-profit corporation for the planning, structural assessment, acquisition, development or improvement of recreational facilities including construction of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 54-0901
  • Municipal landfill closure project: means activities undertaken to close, including by reclamation, a landfill owned or operated by a municipality to achieve compliance with regulations promulgated by the department, or activities undertaken to implement a landfill gas management system. See N.Y. Environmental Conservation Law 54-0501
  • Municipal park project: means a project including an urban cultural park undertaken by a municipality for the acquisition, development or improvement of outdoor or indoor recreation facilities, including, but not limited to site acquisition, improvement, construction, reconstruction and improvement of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 52-0101
  • Municipality: except as otherwise defined within this article, shall mean a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or any combination thereof. See N.Y. Environmental Conservation Law 51-0101
  • Municipality: except as otherwise defined within this article, means a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town or village, or Indian tribe residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 52-0101
  • Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
  • Municipality: means any county except a county wholly contained within a city and any city having a population of one million or more persons. See N.Y. County Law 301
  • non-economic loss: includes but is not limited to pain and suffering, mental anguish, loss of consortium or other damages for non-economic loss. See N.Y. Civil Practice Law and Rules 1600
  • Not-for-profit conservation organization: means a not-for-profit corporation organized inter alia for the conservation or preservation of real property and which has the power to acquire interests in real property. See N.Y. Environmental Conservation Law 49-0303
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under section 501(c)(3) of the federal internal revenue code. See N.Y. Environmental Conservation Law 52-0101
  • Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 54-0101
  • 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.
  • Offeree: means the beneficial owner, residing in this state, of securities which an offeror acquires or offers to acquire in connection with a takeover bid. See N.Y. Business Corporation Law 1601
  • offeror: includes an issuer of securities whose securities are or are to be the subject of a takeover bid whether or not the issuer, upon acquisition, will become the beneficial owner of such securities. See N.Y. Business Corporation Law 1601
  • Office: means the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
  • Office: shall mean the office of parks and recreation. See N.Y. Environmental Conservation Law 51-0101
  • Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 52-0101
  • Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
  • Office: shall mean the state office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 49-0201
  • Open space: means open or natural land in or near urban or suburban areas necessary to serve the scenic or recreation needs thereof. See N.Y. Environmental Conservation Law 52-0101
  • Organization: shall mean a business entity, including but not limited to a corporation, trust, estate, partnership, cooperative, association, firm, club or society. See N.Y. New York City Administrative Code 20-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to § 309 of the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 781
  • 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.
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state or any interstate body. See N.Y. Environmental Conservation Law 72-0301
  • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. See N.Y. Environmental Conservation Law 72-0401
  • Person: shall mean a natural person or an organization. See N.Y. New York City Administrative Code 20-102
  • Personal property: All property that is not real property.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Pine barrens: means a natural community of such biota as pitch pine, jack pine, and scrub oak which may be found associated with a variety of natural resources. See N.Y. Environmental Conservation Law 52-0101
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. Environmental Conservation Law 72-0301
  • Pound: means an avoirdupois pound. See N.Y. Environmental Conservation Law 71-4401
  • 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
  • Power plant: means any facility which generates electricity using a steam turbine and generator, which may be fired by coal, oil, natural gas, nuclear energy, or other fuel source. See N.Y. Environmental Conservation Law 72-0601
  • 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.
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process air contamination source: means :

    a. See N.Y. Environmental Conservation Law 72-0301

  • Professional service: means any type of service to the public which may be lawfully rendered by a member of a profession within the purview of his or her profession. See N.Y. Business Corporation Law 1501
  • Professional service: means any type of service to the public which may be lawfully rendered by a member of a profession within the purview of his profession. See N.Y. Business Corporation Law 1525
  • Professional service corporation: means a corporation organized under this article. See N.Y. Business Corporation Law 1501
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public access: means access to lands for public use, including stream rights and waterways. See N.Y. Environmental Conservation Law 52-0101
  • Public body: means the state or a municipal corporation as that term is defined in section two of the general municipal law or the United States of America acting by and through the department of the interior. See N.Y. Environmental Conservation Law 49-0303
  • 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 safety agency: means a functional division of a public agency which provides or has the authority to provide police, firefighting, emergency medical or ambulance services or other emergency services or a private entity which provides emergency medical or ambulance services. See N.Y. County Law 301
  • Public service answering point: means a communications facility which first receives 911 calls from persons within a 911 service area and which may, as appropriate, directly dispatch the services of a public safety agency or extend, transfer, relay or otherwise route 911 calls to the appropriate public safety agency. See N.Y. County Law 301
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recyclables recovery program: means a program undertaken by a municipality consistent with requirements of section one hundred twenty-aa of the general municipal law to provide for the environmentally sound recovery of recyclables, primarily involving the collection, aggregation and processing of recyclable materials for their use as raw materials for new products or for other useful purposes other than for energy recovery, through facilities planned, designed and constructed to ensure environmental protection and to maximize the potential for recyclables recovery. See N.Y. Environmental Conservation Law 54-0701
  • Recycling project: means recyclables recovery equipment, source separation equipment, a recyclables recovery program or any combination thereof required by a recyclables recovery program and the reimbursement to municipalities and not-for-profit corporations, as such terms are defined in section 54-0101 of this article, for the cost of a redemption center as defined in section 27-1003 of this chapter. See N.Y. Environmental Conservation Law 54-0701
  • Regulated medical waste: means regulated medical waste as defined in title 15 of article 27 of this chapter. See N.Y. Environmental Conservation Law 71-4401
  • Release: means any pumping, pouring, emitting, emptying, or leaching, directly or indirectly, of a substance so that the substance or any related constituent thereof, or any degradation product of such a substance or of a related constituent thereof, may enter the environment, or the disposal of any substance. See N.Y. Environmental Conservation Law 71-4401
  • release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Reupholstered furniture: means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • school district: shall mean any common, union free, central, central high or city school district, or a board of cooperative educational services. See N.Y. Education Law 1980
  • Secretary: means the secretary of state. See N.Y. Environmental Conservation Law 54-0101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service supplier: means (i) a telephone corporation which provides local exchange access service within a 911 service area, or (ii) a provider of "voice over internet protocol service" or "VOIP service" that provides such service within a 911 service area. See N.Y. County Law 301
  • 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.
  • Severe ozone nonattainment area: means that part of the state designated pursuant to section 7407 of the Act as not meeting the national ambient air quality standard for ozone, as classified under section 7511 of the Act. See N.Y. Environmental Conservation Law 72-0301
  • shoreline: means the lands between high and low water mark, the lands contiguous or adjacent to the high water mark, beaches, dunes and bluffs. See N.Y. County Law 280-A
  • Source separation equipment: shall mean :

    (a) Add-ons or trailers designed to modify collection vehicles to allow sorting and separation of collected wastes held for the purpose of recycling or collection vehicles whose function and design are exclusively for such purpose;

    (b) Containers for the source separation and temporary storage of recyclable wastes by residents or business prior to collection;

    (c) Bins, sheds or other facilities for the temporary storage of materials prior to transport for the purposes of recycling. See N.Y. Environmental Conservation Law 51-0903

  • Specific public benefit: includes :

    (1) providing low-income or underserved individuals or communities with beneficial products or services;

    (2) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

    (3) preserving the environment;

    (4) improving human health;

    (5) promoting the arts, sciences or advancement of knowledge;

    (6) increasing the flow of capital to entities with a public benefit purpose; and

    (7) the accomplishment of any other particular benefit for society or the environment. See N.Y. Business Corporation Law 1702

  • State agency: means :

    (a) each state department;

    (b) division of military and naval affairs, division of state police, division of housing and community renewal, division for youth, office of general services, office of parks, recreation and historic preservation, and state university of New York;

    (c) any division, board, commission, office, or bureau of any state department which is required to obtain a permit issued by the department or which undertakes an activity for which it must register with the department; and

    (d) dormitory authority of the state of New York, facilities development corporation, metropolitan

    transportation

    authority (including the operations of all of its operating units), New York state energy research and development authority, New York state environmental facilities corporation, New York state olympic regional development authority, New York state thruway authority, New York state urban development corporation, port authority of New York and New Jersey, and power authority of the state of New York. See N.Y. Environmental Conservation Law 37-0301

  • State air quality control program: means those activities of the department as specified in titles three and five of article nineteen of this chapter relating to air pollution and air contamination and any related enforcement activities. See N.Y. Environmental Conservation Law 72-0301
  • State assistance payment: means the payment of monies by the state for projects authorized by the environmental protection fund, to preserve, enhance, restore and improve the quality of the state's environment. See N.Y. Environmental Conservation Law 54-0101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. Environmental Conservation Law 72-0401
  • Subject corporation: means a corporation that is participating in a procedure pursuant to which all of the outstanding shares of one or more classes of such corporation are being acquired by an acquiring corporation. See N.Y. Business Corporation Law 913
  • 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.
  • System costs: means the costs associated with obtaining and maintaining the telecommunication equipment, all operations and maintenance costs and the telephone services costs necessary to establish and provide an E911 system. See N.Y. County Law 301
  • Takeover bid: means the acquisition of or offer to acquire by an offeror from an offeree, pursuant to a tender offer or request or invitation for tenders, any equity security of a target company, if after acquisition thereof the offeror would, directly or indirectly, be a beneficial owner of more than five percent of any class of the issued and outstanding equity securities of such target company. See N.Y. Business Corporation Law 1601
  • Target company: means a corporation, organized under the laws of this state and having its principal executive offices or significant business operations located within this state. See N.Y. Business Corporation Law 1601
  • 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.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party standard: means a recognized standard for defining, reporting and assessing general public benefit that is:

    (1) developed by a person that is independent of the benefit corporation; and

    (2) transparent because the following information about the standard is publicly available:

    (A) the factors considered when measuring the performance of a business;

    (B) the relative weightings of those factors; and

    (C) the identity of the persons who developed and control changes to the standard and the process by which those changes are made. See N.Y. Business Corporation Law 1702

  • Ticking: means the outermost layer of fabric or related material that encloses the core and upholstery materials of a mattress or mattress pad. See N.Y. Environmental Conservation Law 37-1001
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • toxic chemical: means a substance on the list described in 42 U. See N.Y. Environmental Conservation Law 37-0301
  • Toy: means a product designed or intended by the manufacturer to be used by children at play. See N.Y. Environmental Conservation Law 37-0901
  • Trace contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product. See N.Y. Environmental Conservation Law 37-0901
  • Trade name: shall mean that name under which an organization or person solicits, engages in, conducts or transacts a business or activity. See N.Y. New York City Administrative Code 20-102
  • Trailways: means recreational trails developed under guidelines established for the development of a statewide trails system. See N.Y. Environmental Conservation Law 52-0101
  • 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.
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. Environmental Conservation Law 72-0401
  • Treatment facility: means a facility designated by the commissioner which may only include a general hospital as defined in Article 28 of the public health law, or a medically managed or medically supervised withdrawal, inpatient rehabilitation,

    or residential stabilization treatment program that has been certified by the commissioner to have appropriate medical staff available on-site at all times to provide emergency services and continued evaluation of capacity of individuals retained under this section or a crisis stabilization center licensed pursuant to article 36. See N.Y. Mental Hygiene Law 22.09

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • TRIS: shall include TCEP (TRIS (2-chloroethyl) phosphate) and TDCPP (TRIS (1,3-dichloro-2-propyl) phosphate). See N.Y. Environmental Conservation Law 37-0703
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unique character: means lands of special natural beauty, wilderness character, geological, ecological or historical significance suitable for the state nature and historic preserve and similar lands within a forest preserve county outside the Adirondack and Catskill parks. See N.Y. Environmental Conservation Law 52-0101
  • Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001
  • Urban areas: means cities, villages or towns with a population density of greater than one thousand persons per square mile. See N.Y. Environmental Conservation Law 53-0303
  • Urban forestry: means the planning, establishment, protection and other management of trees and other vegetation in urban areas for present and potential contribution to the physiological, sociological, and economic well-being of urban society. See N.Y. Environmental Conservation Law 53-0303
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Very bioaccumulative: means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5. See N.Y. Environmental Conservation Law 37-0901
  • Very persistent: means having a half-life greater than or equal to one of the following: (a) a half-life in soil or sediment of greater than one hundred eighty days; (b) a half-life greater than or equal to sixty days in water or evidence of long-range transport. See N.Y. Environmental Conservation Law 37-0901
  • Waste reduction projects: means projects undertaken to reduce the volume or toxicity of material entering the municipal solid waste stream, by reducing the volume or toxicity of such material at the point of generation. See N.Y. Environmental Conservation Law 54-0701
  • Wastewater: means liquid waste that contains:

    a. See N.Y. Environmental Conservation Law 72-0401

  • Wetlands: means freshwater wetlands as defined in article twenty-four of this chapter and tidal wetlands as defined in article twenty-five of this chapter. See N.Y. Environmental Conservation Law 52-0101
  • Wildlife habitat: means specific areas essential for the conservation of threatened and endangered species which require special management considerations or protection for maintenance of such species. See N.Y. Environmental Conservation Law 52-0101
  • Wireless communications service: means all commercial mobile services, as that term is defined in section 332(d) of title 47, United States Code, as amended from time to time, including, but not limited to, all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent-wide area specialized mobile radio licensees, which offer real time, two-way voice or data service that is interconnected with the public switched telephone network or otherwise provides access to emergency communications services. See N.Y. County Law 301
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.