Chapter 1 Administration
Chapter 2 Enforcement
Chapter 3 Maintenance of Buildings
Chapter 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work
Chapter 5 Miscellaneous Provisions
Chapter 6 New York City Plumbing Code
Chapter 7 The New York City Building Code
Chapter 8 New York City Mechanical Code
Chapter 9 The New York City Fuel Gas Code
Chapter 10 the New York City Energy Conservation Code

Terms Used In New York Laws > New York City Administrative Code > Title 28

  • Abandonment: means the intentional relinquishment or forsaking of all possession or control of any substance. See N.Y. Environmental Conservation Law 71-4401
  • 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
  • agency shop fee deduction: means the obligation or practice of a government to deduct from the salary of a public employee who is not a member of the certified or recognized employee organization which represents such employee for the purpose of collective negotiations conducted pursuant to this article, an amount equivalent to the amount of dues payable by a member. See N.Y. Civil Service Law 201
  • Agent: means a person granted authority to act as attorney-in-fact for the principal under a power of attorney, and includes the original agent and any co-agent or successor agent. See N.Y. General Obligations Law 5-1501
  • agreement: means the result of the exchange of mutual promises between the chief executive officer of a public employer and an employee organization which becomes a binding contract, for the period set forth therein, except as to any provisions therein which require approval by a legislative body, and as to those provisions, shall become binding when the appropriate legislative body gives its approval. See N.Y. Civil Service Law 201
  • 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
  • ALI: means the delivery or receipt of the approximate geographic location, as specified in the FCC order, of the wireless device being used to place a 911 call. See N.Y. County Law 325
  • Allegation: something that someone says happened.
  • Alternate correctional facility: shall mean a correctional facility designed to house medium security inmates as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible inmates, as defined by subdivision four of this section. See N.Y. Correction Law 87
  • 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.
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • ANI: means the delivery or receipt of the telephone number assigned to the wireless device being used to place a 911 call. See N.Y. County Law 325
  • 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
  • Arbitration administrator: means an entity designated by the superintendent of financial services to administer the arbitration of disputes pursuant to this article. See N.Y. Civil Practice Law and Rules 7550
  • 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 internet entity: means any business, organization or other entity providing or offering a service over the internet which permits persons under eighteen years of age to access, meet, congregate or communicate with other users for the purpose of social networking. See N.Y. Correction Law 168-A
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • banking institution: when used in this article shall mean and include all banks, trust companies, savings banks, savings and loan associations, credit unions, foreign banking corporations incorporated, chartered, organized or licensed under the laws of this state, foreign banking corporations maintaining a branch in this state, and nationally chartered banks. See N.Y. Civil Practice Law and Rules 5205
  • 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
  • Benefits: means the money allowances during disability payable to an employee who is eligible to receive such benefits, as provided in this article. See N.Y. Workers' Compensation Law 201
  • Bequest: Property gifted by will.
  • board: means the public employment relations board created by section two hundred five of this article. See N.Y. Civil Service Law 201
  • Board: means the correction medical review board. See N.Y. Correction Law 40
  • Board: means the workmen's compensation board created under this chapter. See N.Y. Workers' Compensation Law 201
  • 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
  • Board: shall mean the New York state 911 board. See N.Y. County Law 325
  • building emissions: means greenhouse gas emissions as expressed in metric tons of carbon dioxide equivalent emitted as a result of operating a covered building and calculated in accordance with rules promulgated by the department in consultation with the mayor's office of long term planning and sustainability. See N.Y. New York City Administrative Code 28-320.1
  • building emissions intensity: means , for a covered building, the number obtained by dividing the building emissions by the gross floor area for such building, expressed in metric tons of carbon dioxide equivalent per square foot per year. See N.Y. New York City Administrative Code 28-320.1
  • Capacity: means ability to comprehend the nature and consequences of the act of executing and granting, revoking, amending or modifying a power of attorney, any provision in a power of attorney, or the authority of any person to act as agent under a power of attorney. See N.Y. General Obligations Law 5-1501
  • capacity resource: means a facility that has the capability to generate and transmit electrical power and sell capacity (i) by bilateral contracts, (ii) in the wholesale capacity market, or (iii) by indirect sales of capacity in the wholesale market in accordance with the schedules of rates and charges of a utility in effect pursuant to section 66 of the public service law. See N.Y. New York City Administrative Code 28-320.1
  • carbon dioxide equivalent: means the metric used to compare the emissions of various greenhouse gases based upon their global warming potential as defined in the Intergovernmental Panel on Climate Change Fifth Assessment Report (2014). See N.Y. New York City Administrative Code 28-320.1
  • Carrier: means a stock or mutual corporation or a reciprocal insurer or a nonprofit property/casualty insurance company, if such corporation or insurer is authorized to transact the business of workers' compensation insurance in this state, including but not limited to the issuance of an assumption of workers' compensation liability insurance policy, but not including any such corporation or insurer which is insolvent. See N.Y. Workers' Compensation Law 106
  • Carrier: shall include : the state fund, stock corporations, mutual corporations and reciprocal insurers which insure the payment of benefits provided pursuant to this article; and employers and associations of employers or of employees and trustees authorized or permitted to pay benefits under the provisions of this article. See N.Y. Workers' Compensation Law 201
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chairman: means the chairman of the workmen's compensation board of the state of New York. See N.Y. Workers' Compensation Law 201
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • chief legal officer: means (a) in the case of the state of New York or a state public authority, the attorney general of the state of New York, (b) in the case of a county, city, town, village or school district, the county attorney, corporation counsel, town attorney, village attorney or school district attorney, as the case may be, and (c) in the case of any such government not having its own attorney, or any other government or public employer, the corporation counsel of the city in which such government or public employer has its principal office, and if such principal office is not located in a city, the county attorney of the county in which such government or public employer has its principal office. See N.Y. Civil Service Law 201
  • Child: means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis. See N.Y. Workers' Compensation Law 201
  • City: means the City of New York. See N.Y. Correction Law 150
  • city building: means a building that is owned by the city or for which the city regularly pays all of the annual energy bills, or a cultural institution that is in the Cultural Institutions Group as determined by the department of cultural affairs for which the city regularly pays all or part of the annual energy bills. See N.Y. New York City Administrative Code 28-320.1
  • clean distributed energy resource: means a distributed energy resource that (i) uses any of the following sources to generate electricity: hydropower, solar photovoltaics, geothermal wells or loops, tidal action, waves or water currents, or wind; or (ii) is designed and operated to store energy, including but not limited to batteries, thermal systems, mechanical systems, compressed air, and superconducting equipment. See N.Y. New York City Administrative Code 28-320.1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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

  • Commission: means the state commission of correction. See N.Y. Correction Law 40
  • Commission: means the local conditional release commission. See N.Y. Correction Law 270
  • Commissioner: means the commissioner of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "commissioner" shall mean the correctional administrator of the City. See N.Y. Correction Law 150
  • Commissioner: means the commissioner of correction in a city having a population of one million or more or that official having similar duties in any county which elects to have this article apply thereto, by whatever title he may be known. See N.Y. Correction Law 631
  • Commissioner: means the head of the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • commissioner: means the head of the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
  • Commissioner: means the commissioner of the department of labor. See N.Y. Labor Law 930
  • Commissioner: means the commissioner of mental health or the commissioner of developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • Commissioner of finance: means the commissioner of finance of the city;

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

  • 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.
  • Community services program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of participation in religious services, volunteer work, or athletic events, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Compensation: means reasonable compensation authorized to be paid to the agent from assets of the principal for services actually rendered by the agent pursuant to the authority granted in a power of attorney. See N.Y. General Obligations Law 5-1501
  • compensation: include the benefits in relation to volunteer firefighters and volunteer ambulance workers pursuant to the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law and benefits in relation to longshore and harbor workers pursuant to the longshore and harbor workers' compensation act, United States Code, Title 33, Sections 901 through 950. See N.Y. Workers' Compensation Law 106
  • compensation: include the benefits in relation to volunteer firefighters or volunteer ambulance workers pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 100
  • compensation: include the benefits in relation to volunteer firefighters or volunteer ambulance workers pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 157
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Component local government entity: shall mean a local government entity that, as a result of successful consolidation proceedings, is combined into a consolidated local government entity. See N.Y. General Municipal Law 750
  • Consolidated local government entity: shall mean a local government entity resulting from successful consolidation proceedings conducted pursuant to this article. See N.Y. General Municipal Law 750
  • Consolidation: shall mean either (a) the combination of two or more local government entities resulting in the termination of the existence of each of the entities to be consolidated and the creation of a new entity which assumes jurisdiction over all of the terminated entities, or (b) the combination of two or more local government entities resulting in the termination of the existence of all but one of the entities which shall absorb the terminated entity or entities. See N.Y. General Municipal Law 750
  • Construction agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Contiguous: shall mean when a portion of a town or village abuts the boundary of another town or village, including a town or village separated from the exact boundary of another town or village by a street, road, railroad, highway, river or other natural or artificial stream or body of water. See N.Y. General Municipal Law 750
  • 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.
  • cooling tower: means a cooling tower, evaporative condenser or fluid cooler that is part of a recirculated water system incorporated into a building's cooling, industrial process, refrigeration, or energy production system. See N.Y. New York City Administrative Code 28-317.2
  • 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.
  • Correctional facility: means any institution operated by the state department of corrections and community supervision, any local correctional facility, or any place used, pursuant to a contract with the state or a municipality, for the detention of persons charged with or convicted of a crime, or, for the purpose of this article only, a secure facility operated by the office of children and family services. See N.Y. Correction Law 40
  • Correctional facility: means a correctional facility as that term is defined in section two of the correction law. See N.Y. Mental Hygiene Law 10.03
  • Council: means the citizen's policy and complaint review council. See N.Y. Correction Law 40
  • Counsel for respondent: means any counsel that has been retained or appointed for respondent, or if no other counsel has been retained or appointed, or prior counsel cannot be located with reasonable efforts, then the mental hygiene legal service. See N.Y. Mental Hygiene Law 10.03
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means each county in the state, except a county within the city of New York. See N.Y. Correction Law 270
  • County executive: means the county commissioner, county manager, county director or county president. See N.Y. Correction Law 270
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • covered building: means , as it appears in the records of the department of finance, (i) a building that exceeds 25,000 gross square feet (2322. See N.Y. New York City Administrative Code 28-320.1
  • covered building: means a building that is (i) a rent regulated accommodation, (ii) a building whose main use or dominant occupancy is classified as occupancy group A-3 religious house of worship, (iii) owned by a housing development fund company organized pursuant to the business corporation law and article 11 of the private housing finance law, or (iv) a building that participates in a project-based federal housing program and, as it appears in the records of the department of finance, such building (i) exceeds 25,000 (2322. See N.Y. New York City Administrative Code 28-321.1
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • 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
  • 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.
  • Dangerous sex offender requiring confinement: means a person who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility. See N.Y. Mental Hygiene Law 10.03
  • day of disability: means any day on which the employee was prevented from performing work because of disability, including any day which the employee uses for family leave, and for which the employee has not received his or her regular remuneration. See N.Y. Workers' Compensation Law 201
  • 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 correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "department" shall mean such administration. See N.Y. Correction Law 150
  • Department: means the applicable department of correction or, where no such department exists, the office of the commissioner. See N.Y. Correction Law 631
  • Department: means the department of labor. See N.Y. Labor Law 930
  • 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 felony: means any felony offense defined by any of the following provisions of the penal law: assault in the second degree as defined in section 120. See N.Y. Mental Hygiene Law 10.03
  • Detained sex offender: means a person who is in the care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense or designated felony, in that the person is either:

    (1) A person who stands convicted of a sex offense as defined in subdivision (p) of this section, and is currently serving a sentence

    for, or subject to supervision by the division of parole, whether on parole or on post-release supervision, for such offense or for a related offense;

    (2) A person charged with a sex offense who has been determined to be an incapacitated person with respect to that offense and has been committed pursuant to article seven hundred thirty of the criminal procedure law, but did engage in the conduct constituting such offense;

    (3) A person charged with a sex offense who has been found not responsible by reason of mental disease or defect for the commission of that offense;

    (4) A person who stands convicted of a designated felony that was sexually motivated and committed prior to the effective date of this article;

    (5) A person convicted of a sex offense who is, or was at any time after September first, two thousand five, a patient in a hospital operated by the office of mental health, and who was admitted directly to such facility pursuant to article nine of this title or section four hundred two of the correction law upon release or conditional release from a correctional facility, provided that the provisions of this article shall not be deemed to shorten or lengthen the time for which such person may be held pursuant to such article or section respectively; or

    (6) A person who has been determined to be a sex offender requiring civil management pursuant to this article. See N.Y. Mental Hygiene Law 10.03

  • Devise: To gift property by will.
  • Direct dispatch: shall mean that the public safety answering point can, by encoding or toning, alert the responding agency without having to relay or reroute calls unless the call originates outside the jurisdiction. See N.Y. County Law 325
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article forty-one of this chapter. See N.Y. Mental Hygiene Law 9.01
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article eleven of this chapter. See N.Y. Mental Hygiene Law 15.01
  • Disability: means the state of being disabled from earning full wages at the work at which the employee was last employed. See N.Y. Workers' Compensation Law 37
  • Disablement: means the act of becoming so disabled as defined in subdivision one. See N.Y. Workers' Compensation Law 37
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • discriminate: includes to segregate or separate. See N.Y. Civil Rights Law 18-B
  • 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
  • Dissolution: shall mean the termination of the existence of a local government entity. See N.Y. General Municipal Law 750
  • Dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity and that has been finalized and approved by such entity's governing body pursuant to this article. See N.Y. General Municipal Law 750
  • distributed energy resource: means a resource comprised of one or multiple units capable of generating or storing electricity, all at a single location that is directly or indirectly connected to an electric utility transmission and distribution system. See N.Y. New York City Administrative Code 28-320.1
  • district: means a county hurricane proection, flood and shoreline erosion control district except where otherwise stated. See N.Y. County Law 280-A
  • Division: means the division of criminal justice services as defined by section eight hundred thirty-seven of the executive law. See N.Y. Correction Law 168-A
  • Division: means the division of criminal justice services. See N.Y. Correction Law 270
  • 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
  • Educational leave: means a privilege granted to an eligible inmate to leave the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of education or vocational training, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Elector: shall mean a registered voter of this state registered to vote in the local government entity subject to consolidation or dissolution proceedings conducted pursuant to this article. See N.Y. General Municipal Law 750
  • Elector initiated consolidation plan: shall mean a written document that contains terms and information regarding the consolidation of two or more local government entities, a majority of whose electors have voted to consolidate, and that has been finalized and approved by the governing body or bodies of such entities or a judicial hearing officer pursuant to this article. See N.Y. General Municipal Law 750
  • Elector initiated dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity, a majority of whose electors have voted to dissolve, that has been finalized and approved by such entity's governing body or a judicial hearing officer pursuant to this article. See N.Y. General Municipal Law 750
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible inmate: means a person confined in a city prison or reformatory in a city having a population of one million or more or in a county jail and penitentiaries of a county which elects to have this article apply thereto where a furlough program has been established who is sentenced to a definite period of six months or more or to a reformatory sentence of imprisonment and has served a minimum of six months of any such sentence. See N.Y. Correction Law 631
  • Eligible inmate: means : a person confined in an institution who is eligible for release on parole or who will become eligible for release on parole or conditional release within two years. See N.Y. Correction Law 851
  • Eligible inmates: shall mean male inmates of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. See N.Y. Correction Law 87
  • Eligible offender: shall mean a person who has been convicted of a crime or of an offense, but who has not been convicted more than once of a felony. See N.Y. Correction Law 700
  • 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
  • emergency financial control board: shall mean any such board established by state law for the municipality, and the term "covered organization" shall mean any such organization as defined in the act declaring that a state of financial emergency exists for such municipality. See N.Y. Local Finance Law 85.00
  • 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
  • Employee: means a person engaged in the service of an employer in any employment defined in subdivision six of this section, except a minor child of the employer, except a duly ordained, commissioned, or licensed minister, priest or rabbi, a sexton, a christian science reader, or member of a religious order, or an executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock, except as provided in section two hundred twelve of this article, or an executive officer of an incorporated religious, charitable or educational institution, or persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution, or volunteers in or for a religious, charitable or educational institution, or persons participating in and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable or educational institution under a certificate issued by the United States department of labor, or recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred, and not under an express contract of hire. See N.Y. Workers' Compensation Law 201
  • Employee: includes a volunteer firefighter or volunteer ambulance worker who has been or might be injured in line of duty or who dies or might die from such an injury. See N.Y. Workers' Compensation Law 100
  • Employee: includes a volunteer firefighter or volunteer ambulance worker who has been or might be injured in line of duty or who dies or might die from such an injury. See N.Y. Workers' Compensation Law 157
  • employee organization: means an organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization (a) membership in which is prohibited by section one hundred five of this chapter, (b) which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin, or (c) which, in the case of public employees who hold positions by appointment or employment in the service of the board and who are excluded from the application of this article by rules and regulations of the board, admits to membership or is affiliated directly or indirectly with an organization which admits to membership persons not in the service of the board, for purposes of any provision of this article other than sections two hundred ten and two hundred eleven of this article. See N.Y. Civil Service Law 201
  • Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law. See N.Y. Workers' Compensation Law 106
  • Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 100
  • Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 157
  • employment: includes an employee's entire service performed within or both within and without this state if the service is localized in this state. See N.Y. Workers' Compensation Law 201
  • 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.
  • entity: shall mean a town, village, district, special improvement district or other improvement district, including, but not limited to, special districts created pursuant to articles eleven, twelve, twelve-A or thirteen of the town law, library districts, and other districts created by law; provided, however, that a local government entity shall not include school districts, city

    districts or special purpose districts created by counties under county law. See N.Y. General Municipal Law 750

  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Euro: shall mean the currency of participating member states of the European Union that adopt a single currency in accordance with the treaty on European Union signed February seventh, nineteen hundred ninety-two. See N.Y. General Obligations Law 5-1601
  • 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.
  • Examining physician: means a physician licensed to practice medicine in the state of New York, but who is not on the staff of the facility where the inmate is confined. See N.Y. Correction Law 400
  • Executor: A male person named in a will to carry out the decedent
  • Expedited deployment funding: means eligible wireless 911 costs estimated to be incurred by local public safety answering points for enhanced wireless 911 service. See N.Y. County Law 325
  • Extended bounds of confinement: means the area in which an inmate participating in a temporary release program may travel, the routes he or she is permitted to use, the places he or she is authorized to visit, and the hours, days, or specially defined period during which he or she is permitted to be absent from the premises of the institution. See N.Y. Correction Law 851
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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 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.
  • Family leave: shall mean any leave taken by an employee from work: (a) to participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member; or (b) to bond with the employee's child during the first twelve months after the child's birth, or the first twelve months after the placement of the child for adoption or foster care with the employee; or (c) because of any qualifying exigency as interpreted under the family and medical leave act, 29 U. See N.Y. Workers' Compensation Law 201
  • Family member: means a child, parent, grandparent, grandchild, spouse, or domestic partner as defined in this section. See N.Y. Workers' Compensation Law 201
  • FCC order: means all orders issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rule to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. See N.Y. County Law 325
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Felony: means a conviction of a felony in this state, or of an offense in any other jurisdiction for which a sentence to a term of imprisonment in excess of one year, or a sentence of death, was authorized. See N.Y. Correction Law 700
  • 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 institution: means a financial entity, including, but not limited to: a bank, trust company, national bank, savings bank, federal mutual savings bank, savings and loan association, federal savings and loan association, federal mutual savings and loan association, credit union, federal credit union, branch of a foreign banking corporation, public pension fund, retirement system, securities broker, securities dealer, securities firm, and insurance company. See N.Y. General Obligations Law 5-1501
  • fiscal agent: as used in this title shall mean:

    1. See N.Y. Local Finance Law 70.00

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • 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
  • fund: shall be deemed to include both the workers' compensation fund and the disability benefits fund unless the context otherwise indicates. See N.Y. Workers' Compensation Law 76
  • Fund: means the workers' compensation security fund. See N.Y. Workers' Compensation Law 106
  • Fund: shall mean the statewide public safety communications account established pursuant to section ninety-seven-qq of the state finance law. See N.Y. County Law 325
  • Furlough committee: means the body of persons which may include members of the public, appointed pursuant to regulations promulgated by the commissioner for the purposes of formulating, modifying and revoking furlough programs at an institution. See N.Y. Correction Law 631
  • Furlough program: means a program under which eligible inmates may be granted the privilege of leaving the premises of a prison for a period not exceeding seventy-two hours for the purpose of seeking employment, maintaining family ties, solving family problems, to undergo surgery or to receive medical treatment or dental treatment not available in the correctional institution, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 631
  • Furlough program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding seven days for the purpose of seeking employment, maintaining family ties, solving family problems, seeking post-release housing, attending a short-term educational or vocational training course, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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: means the elected legislative body of the county. See N.Y. County Law 280-A
  • Governing body: shall mean the body in which the general legislative, governmental and/or public powers of a local government entity are vested and by authority of which the official business of such entity is conducted. See N.Y. General Municipal Law 750
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grandchild: means a child of the employee's child. See N.Y. Workers' Compensation Law 201
  • Grandparent: means a parent of the employee's parent. See N.Y. Workers' Compensation Law 201
  • Grantor: The person who establishes a trust and places property into it.
  • greenhouse gas: means a unit of greenhouse gas, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3). See N.Y. New York City Administrative Code 28-320.1
  • 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
  • Health care provider: includes any person or entity employed or otherwise involved in the provision of health care or treatment. See N.Y. Civil Practice Law and Rules 7550
  • Health care provider: shall mean for the purpose of family leave, a person licensed under article one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three, one hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one hundred forty-three, one hundred forty-four, one hundred fifty-three, one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine of the education law or a person licensed under the public health law, article one hundred forty of the education law or article one hundred sixty-three of the education law. See N.Y. Workers' Compensation Law 201
  • 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.
  • Hospital: means : (a) a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter; or (b) a secure treatment facility as defined in section 10. See N.Y. Correction Law 168-A
  • Hospital: means a hospital in the department of mental hygiene which is designated as such by the commissioner of mental hygiene for the care and treatment of mentally ill inmates. See N.Y. Correction Law 400
  • 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, but shall not include any accommodations operated by a religious or denominational organization as part of its religious or denominational activities. See N.Y. Civil Rights Law 18-B
  • 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
  • In need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is necessary. See N.Y. Correction Law 400
  • in need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. See N.Y. Mental Hygiene Law 9.01
  • in need of involuntary care and treatment: means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. See N.Y. Mental Hygiene Law 9.01
  • Incapacitated: means to be without capacity. See N.Y. General Obligations Law 5-1501
  • 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
  • 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 training leave: means a privilege granted to an eligible inmate to leave the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of participating in an industrial training program, or for any matter necessary to the furtherance of any such purpose. See N.Y. Correction Law 851
  • Initiative: shall mean the filing of the petition containing a proposal for a referendum to be placed on the ballot for an election. See N.Y. General Municipal Law 750
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inmate: means a person committed to the custody of the department of corrections and community supervision, or a person convicted of a crime and committed to the custody of the sheriff, the county jail, or a local department of correction. See N.Y. Correction Law 400
  • Insolvent carrier: means a carrier as to which an order of rehabilitation or of liquidation, or, if such carrier be a foreign insurer, as to which an order for conservation of its assets within the state, shall have been made after the effective date of this article pursuant to article seventy-four of the insurance law, or a foreign carrier which withdraws from or discontinues operation in this state and fails to meet payments due on awards made, but not including a carrier, whether a domestic or foreign insurer, which shall have become rehabilitated and allowed to resume business after any such rehabilitation or conservation of assets and meets its obligations as they mature. See N.Y. Workers' Compensation Law 106
  • Insolvent debtor: means any insolvent person, partnership, corporation or business association involved in a liquidation proceeding. See N.Y. Debtor and Creditor Law 30
  • Institution: means any institution under the jurisdiction of the commissioner of correction in any city having a population of one million or more or of a county which elects to have this article apply thereto. See N.Y. Correction Law 631
  • Institution: means any institution under the jurisdiction of the state department of corrections and community supervision or an institution designated by the commissioner pursuant to section seventy-two-a of this chapter. See N.Y. Correction Law 851
  • Institution of higher education: means an institution in the state providing higher education as such term is defined in subdivision eight of section two of the education law. See N.Y. Correction Law 168-A
  • 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
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See N.Y. General Obligations Law 5-1501
  • Internet identifiers: means electronic mail addresses and designations used for the purposes of chat, instant messaging, social networking or other similar internet communication. See N.Y. Correction Law 168-A
  • 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 committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint consolidation agreement: shall mean a written document that contains terms and information regarding the consolidation of two or more local government entities and that has been finalized and approved by the governing body or bodies of such entities pursuant to this article. See N.Y. General Municipal Law 750
  • joint indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the joint faith and credit of the municipal corporations or municipalities would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • joint service: means a municipal facility, service, activity or undertaking described in section one of article eight of the constitution, but shall not include any object or purpose the indebtedness for which would be subject to the limitations of paragraph a of section 150. See N.Y. Local Finance Law 15.00
  • 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.
  • judge: when used in this article shall apply equally to a county judge of the county within which the assignment is recorded and to justices of the supreme court, and the term "court" when used in this article shall, in like manner, apply to the county court of such county and to the supreme court. See N.Y. Debtor and Creditor Law 2
  • 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.
  • Jurisdictional protocol: shall mean a written agreement entered into by two or more law enforcement agencies setting forth procedures to ensure the organized, coordinated, and prompt mobilization of personnel, equipment, services, or facilities in order to achieve the fastest response to a 911 emergency. See N.Y. County Law 325
  • Juror: A person who is on the jury.
  • Law enforcement agency having jurisdiction: means : (a) (i) the chief law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state or local conditional release; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or (iii) if there be no chief enforcement officer in such village, town, city or county, the division of state police and (b) in the case of a sex offender who is or expects to be employed by, enrolled in, attending or employed, whether for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town or city in which such institution is located; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in such village, town, city or county, the division of state police; and (iv) if such institution operates or employs a campus law enforcement or security agency, the chief of such agency and (c) in the case of a sex offender who expects to reside within a state park or on other land under the jurisdiction of the office of parks, recreation and historic preservation, the state regional park police. See N.Y. Correction Law 168-A
  • Law of descent: The State statutes that specify how a deceased person
  • 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
  • Leave of absence: means a privilege granted to an inmate, who need not be an "eligible inmate" to leave the premises of an institution for the period of time necessary:

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

    (b) to attend the funeral of such individual;

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

  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • liability: as used in this article , shall not include any compensation, assessments or other obligations under the volunteer firefighters' benefit law and the provisions of subdivision three of section sixty-three of this article, as amended from time to time, shall not be applicable in relation to such plan. See N.Y. Workers' Compensation Law 61
  • Licensed psychologist: means a person who is registered as a psychologist under article one hundred fifty-three of the education law. See N.Y. Mental Hygiene Law 10.03
  • 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).
  • likely to result in serious harm: means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. See N.Y. Mental Hygiene Law 9.01
  • Liquidator: means any person administering assets in any liquidation proceedings. See N.Y. Debtor and Creditor Law 30
  • 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.
  • Local correctional facility: means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth. See N.Y. Correction Law 40
  • Local correctional facility: means a local correctional facility as that term is defined in subdivision sixteen of section two of this chapter. See N.Y. Correction Law 168-A
  • Local public safety answering point: means a site designated and operated by a local governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
  • Majority leader: see Floor Leaders
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • media sales representative: shall include any contractor engaged in the sale or renewal of magazine subscriptions or the sale or renewal of magazine advertising space who (i) receives no direction or control on the methods by which they perform services other than training on product characteristics, (ii) are solely in control of their work schedule, and (iii) may refuse any work assignment. See N.Y. Workers' Compensation Law 201
  • membership dues deduction: means the obligation or practice of a government to deduct from the salary of a public employee with his consent an amount for the payment of his membership dues in an employee organization. See N.Y. Civil Service Law 201
  • Mental abnormality: means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See N.Y. Correction Law 168-A
  • Mental abnormality: means a congenital or acquired condition, disease or disorder that affects the emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to the commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct. See N.Y. Mental Hygiene Law 10.03
  • Mental illness: means an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care and treatment. See N.Y. Correction Law 400
  • metric tons of carbon dioxide equivalent: means the global standard unit in carbon accounting to quantify greenhouse gas emissions, also expressed as tCO2e. See N.Y. New York City Administrative Code 28-320.1
  • 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.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • modeling services: means the appearance by a professional model in photographic sessions or the engagement of such model in live, filmed or taped modeling performances for remuneration. See N.Y. Workers' Compensation Law 201
  • Mold: means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. See N.Y. Labor Law 930
  • Mold abatement: means the act of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by an individual. See N.Y. Labor Law 930
  • Mold assessment: means an inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indicia of conditions that are likely to facilitate mold, or any combination thereof. See N.Y. Labor Law 930
  • Mold remediation: means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. See N.Y. Labor Law 930
  • Monitor: means a person appointed in the power of attorney who has the authority to request, receive, and seek to compel the agent to provide a record of all receipts, disbursements, and transactions entered into by the agent on behalf of the principal. See N.Y. General Obligations Law 5-1501
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipal corporation: means a county outside the city of New York, a city, a town, a village, or a school district. See N.Y. Local Finance Law 15.00
  • municipality: means a county outside the city of New York, a city, a town or a village. See N.Y. Local Finance Law 15.00
  • 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
  • Mutual carrier: means any mutual corporation or reciprocal insurer, other than an insolvent carrier, authorized to transact the business of workmen's compensation insurance in this state. See N.Y. Workers' Compensation Law 106
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • need for retention: means that a person who has been admitted to a school pursuant to this article is in need of involuntary care and treatment in a school for a further period. See N.Y. Mental Hygiene Law 15.01
  • New York State Energy Code: means the New York State Energy Conservation Construction Code (the "New York State Energy Code"), constituting part 1240 of title 19 of the New York codes, rules and regulations (19 NYCRR Part 1240), and the publications incorporated by reference in such part, promulgated on September 21, 2016, by the State Fire Prevention and Building Code Council pursuant to Article 11 of the New York State Energy Law. See N.Y. New York City Administrative Code 28-1001.1.1
  • Non-statutory power of attorney: means a power of attorney that is not a statutory short form power of attorney. See N.Y. General Obligations Law 5-1501
  • Nonresident student: means a person required to register as a sex offender in another jurisdiction who is enrolled on a full-time or part-time basis in any public or private educational institution in this state including any secondary school, trade or professional institution or institution of higher education. See N.Y. Correction Law 168-A
  • 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.
  • obligations: shall mean bonds, notes or other evidences of indebtedness. See N.Y. Local Finance Law 131.00
  • Office: means the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible inmates; availability and frequency of transportation of inmates and visitors of inmates to such facility; availability, content and frequency of programming for inmates; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both inmates and employees of such facilities. See N.Y. Correction Law 87
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: includes the lessee, sub-lessee, assignee, managing agent, or other person having the right of ownership or possession or the right to rent or lease housing accommodations and includes the state and any of its political subdivisions and any agency thereof. See N.Y. Civil Rights Law 18-B
  • Owner: means the owner of the premises, or the lessee of the whole thereof, or the agent in charge of the property. See N.Y. Labor Law 315
  • owner: shall be deemed to include: (i) the net lessee in the case of a building subject to a net lease with a term of at least forty-nine years, inclusive of all renewal options, (ii) the board of managers in the case of a condominium, and (iii) the board of directors in the case of a cooperative apartment corporation. See N.Y. New York City Administrative Code 28-309.2
  • Panel: shall mean the alternate correctional facility review panel established pursuant to section eighty-nine-e of this article. See N.Y. Correction Law 87
  • Parent: means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. See N.Y. Workers' Compensation Law 201
  • 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.
  • patronage: means the amount of work performed as a member of a worker cooperative, measured in accordance with the certificate of incorporation and by-laws. See N.Y. Cooperative Corporations Law 90
  • 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: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers or other fiduciaries. See N.Y. Civil Rights Law 18-B
  • 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: means an individual, whether acting for himself or herself, or as a fiduciary or as an official of any legal, governmental or commercial entity (including, but not limited to, any such entity identified in this subdivision), corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, government agency, government entity, government instrumentality, public corporation, or any other legal or commercial entity. See N.Y. General Obligations Law 5-1501
  • Personal property: All property that is not real property.
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • 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: means a written document, other than a document referred to in section 5-1501C of this title, by which a principal with capacity designates an agent to act on his or her behalf. See N.Y. General Obligations Law 5-1501
  • 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
  • Pre-trial motion: as used in this article means any motion by a defendant which seeks an order of the court:

    (a) dismissing or reducing an indictment pursuant to article 210 or removing an action to the family court pursuant to article 722; or

    (b) dismissing an information, prosecutor's information, simplified information or misdemeanor complaint pursuant to article 170; or

    * (c) granting discovery pursuant to article 240; or

    * NB Effective until January 1, 2020

    * (c) granting discovery pursuant to article 245; or

    * NB Effective January 1, 2020

    (d) granting a bill of particulars pursuant to sections 100. See N.Y. Criminal Procedure Law 255.10

  • 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.
  • Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See N.Y. Correction Law 168-A
  • Predicate sex offender: means a sex offender who has been convicted of an offense set forth in subdivision two or three of this section when the offender has been previously convicted of an offense set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • 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: means an individual who is eighteen years of age or older, acting for himself or herself and not as a fiduciary or as an official of any legal, governmental or commercial entity, who executes a power of attorney. See N.Y. General Obligations Law 5-1501
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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 model: means a person who, in the course of his or her trade, occupation or profession, performs modeling services. See N.Y. Workers' Compensation Law 201
  • Project: means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement. See N.Y. Labor Law 930
  • Proposed dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity, and that has been proposed, but not yet finalized and approved, by such entity's governing body pursuant to this article. See N.Y. General Municipal Law 750
  • Proposed elector initiated consolidation plan: shall mean a written document that contains terms and information regarding the consolidation of two or more local government entities, a majority of whose respective electors have voted to consolidate such entities, that has been proposed, but not yet finalized and approved, by the governing body or bodies of such entities pursuant to this article. See N.Y. General Municipal Law 750
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychiatric examiner: means a qualified psychiatrist or a licensed psychologist who has been designated to examine a person pursuant to this article; such designee may, but need not, be an employee of the office of mental health or the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • public employee: means any person holding a position by appointment or employment in the service of a public employer, except that such term shall not include for the purposes of any provision of this article other than sections two hundred ten and two hundred eleven of this article, judges and justices of the unified court system, persons holding positions by appointment or employment in the organized militia of the state and persons who may reasonably be designated from time to time as managerial or confidential upon application of the public employer to the appropriate board in accordance with procedures established pursuant to section two hundred five or two hundred twelve of this article, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to subdivision two of section two hundred eight of this chapter shall only become effective upon the termination of such period of unchallenged representation. See N.Y. Civil Service Law 201
  • public employer: means (i) the state of New York, (ii) a county, city, town, village or any other political subdivision or civil division of the state, (iii) a school district or any governmental entity operating a public school, college or university, (iv) a public improvement or special district, (v) a public authority, commission, or public benefit corporation, (vi) any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the state, or (vii) in the case of a county sheriff's office in those counties where

    the office of sheriff is an elected position, both the county and the sheriff, shall be designated as a joint public employer for all purposes of this article. See N.Y. Civil Service Law 201

  • 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
  • publicly assisted housing accommodation: includes any housing accommodation within the state of New York

    (a) which, after July first, nineteen hundred fifty, is granted exemption in whole or in part from taxes levied by the state or any of its political subdivisions;

    (b) which is constructed after July first, nineteen hundred fifty, 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;

    (c) which is constructed after July first, nineteen hundred fifty, 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;

    (d) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies, after July first, nineteen hundred fifty, funds or other financial assistance;

    (e) (1) which is located in a multiple dwelling; and (2) 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; or

    (f) 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. Civil Rights Law 18-B

  • qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 9.01
  • Qualifying condition: means any of the following diseases or conditions resulting from a hazardous exposure during participation in World Trade Center rescue, recovery or clean-up operations:

    (a) Diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway hyper-reactivity and tracheo-bronchitis, or a combination of such conditions;

    (b) Diseases of the lower respiratory tract, including but not limited to bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic;

    (c) Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;

    (d) Diseases of the psychological axis, including post-traumatic stress disorder, anxiety, depression, or any combination of such conditions; or

    (e) New onset diseases resulting from exposure as such diseases occur in the future including cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease. See N.Y. Workers' Compensation Law 161

  • Quorum: The number of legislators that must be present to do business.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Reciprocal insurer: means any reciprocal insurer authorized to transact the business of workmen's compensation insurance in this state and such reciprocal insurer shall be deemed to be a mutual carrier within the intent of the several provisions of this article. See N.Y. Workers' Compensation Law 106
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. General Obligations Law 5-1501
  • 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
  • Referendum: shall mean a vote seeking approval by a majority of electors of a local government entity or entities voting on a question of consolidation or dissolution placed on the ballot by initiative. See N.Y. General Municipal Law 750
  • 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
  • released: means release, conditional release or discharge from confinement, from community supervision by the department of corrections and community supervision, or from an order of observation, commitment, recommitment or retention. See N.Y. Mental Hygiene Law 10.03
  • 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.
  • rent regulated accommodation: means a building containing one or more dwelling units required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962. See N.Y. New York City Administrative Code 28-320.1
  • 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).
  • 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.
  • Respondent: means a person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed, or filed by the attorney general and not dismissed, or sustained by procedures under this article. See N.Y. Mental Hygiene Law 10.03
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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
  • Secure treatment facility: means a facility or a portion of a facility, designated by the commissioner, that may include a facility located on the grounds of a correctional facility, that is staffed with

    personnel from the office of mental health or the office for people with developmental disabilities for the purposes of providing care and treatment to persons confined under this article, and persons defined in paragraph five of subdivision (g) of this section. See N.Y. Mental Hygiene Law 10.03

  • 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
  • Serious health condition: means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider. See N.Y. Workers' Compensation Law 201
  • 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
  • Service supplier: means a telephone corporation which provides local exchange access service within a 911 service area. See N.Y. County Law 325
  • 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.
  • several indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the faith and credit of a single municipal corporation or municipality would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • 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
  • Sex offender: includes any person who is convicted of any of the offenses set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • Sex offender requiring civil management: means a detained sex offender who suffers from a mental abnormality. See N.Y. Mental Hygiene Law 10.03
  • Sex offender requiring strict and intensive supervision: means a detained sex offender who suffers from a mental abnormality but is not a dangerous sex offender requiring confinement. See N.Y. Mental Hygiene Law 10.03
  • Sex offense: means : (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120. See N.Y. Correction Law 168-A
  • Sex offense: means an act or acts constituting: (1) any felony defined in article one hundred thirty of the penal law, including a sexually motivated felony; (2) patronizing a person for prostitution in the first degree as defined in section 230. See N.Y. Mental Hygiene Law 10.03
  • Sexual predator: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses. See N.Y. Correction Law 168-A
  • Sexually motivated: means that the act or acts constituting a designated felony were committed in whole or in substantial part for the purpose of direct sexual gratification of the actor. See N.Y. Mental Hygiene Law 10.03
  • Sexually violent offender: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section. See N.Y. Correction Law 168-A
  • Sexually violent offense: means : (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 130. See N.Y. Correction Law 168-A
  • Shock incarceration program: means a program pursuant to which eligible inmates are selected to participate in the program and serve a period of six months in a shock incarceration facility, which shall provide rigorous physical activity, intensive regimentation and discipline and rehabilitation therapy and programming. See N.Y. Correction Law 865
  • 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
  • Sign: means to place any memorandum, mark or sign, written, printed, stamped, photographed, engraved or otherwise upon an instrument or writing, or to use an electronic signature as that term is defined in subdivision three of section three hundred two of the state technology law, with the intent to execute the instrument, writing or electronic record. See N.Y. General Obligations Law 5-1501
  • 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 fund: means the state insurance fund created under article six of this chapter. See N.Y. Workers' Compensation Law 201
  • state public authority: means a public benefit corporation or public corporation, a majority of the members of which are (i) appointed by the governor or by another state officer or body, (ii) designated as members by virtue of their state office, or (iii) appointed or designated by any combination of the foregoing. See N.Y. Civil Service Law 201
  • State public safety answering point: means a site designated and operated by the division of state police for the purposes of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
  • 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.
  • statutorily exempt payments: means any personal property exempt from application to the satisfaction of a money judgment under any provision of state or federal law. See N.Y. Civil Practice Law and Rules 5205
  • Statutory short form power of attorney: means a power of attorney that meets the requirements of paragraphs (a), (b) and (c) of subdivision one of section 5-1501B of this title, and that contains the exact wording of the form set forth in section 5-1513 of this title. See N.Y. General Obligations Law 5-1501
  • 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
  • strike: means any strike or other concerted stoppage of work or slowdown by public employees. See N.Y. Civil Service Law 201
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means a superintendent of a state correctional facility or the person in charge of a local correctional facility by whatever title he may be known. See N.Y. Correction Law 400
  • Superintendent: means the person in charge of an institution, by whatever title he or she may be known. See N.Y. Correction Law 851
  • 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
  • Taxpayer: means any corporation, association or other entity or individual subject to tax under this chapter;

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

  • Temporary release committee: means the body of persons, which may include members of the public, appointed pursuant to regulations promulgated by the commissioner to serve at the pleasure of the commissioner for the purpose of formulating, modifying and revoking temporary release programs at an institution. See N.Y. Correction Law 851
  • Temporary release program: means a "work release program" a "furlough program" a "community services program" an "industrial training leave" an "educational leave" or a "leave of absence. See N.Y. Correction Law 851
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tenant-factory building: means a building, separate parts of which are occupied and used by different persons and one or more of which parts is used as a factory. See N.Y. Labor Law 315
  • terms and conditions of employment: means salaries, wages, hours and other terms and conditions of employment provided, however, that such term shall not include any benefits provided by or to be provided by a public retirement system, or payments to a fund or insurer to provide an income for retirees, or payment to retirees or their beneficiaries. See N.Y. Civil Service Law 201
  • 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: means a financial institution or person other than a principal or an agent. See N.Y. General Obligations Law 5-1501
  • This chapter: includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law; and the longshore and

    harbor workers' compensation act, United States Code, Title 33, Sections 901 through 950; except when such a meaning is inconsistent with this article. See N.Y. Workers' Compensation Law 106

  • This chapter: includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, except when such a meaning is inconsistent with this article. See N.Y. Workers' Compensation Law 100
  • This chapter: includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, except when such a meaning is inconsistent with this article. See N.Y. Workers' Compensation Law 157
  • 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.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • 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 genetic disorder: shall mean and be limited to sickle cell trait, carriers of Tay-sachs disease or carriers of Cooley's anemia. See N.Y. Civil Rights Law 48
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • 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.
  • Wages: means the money rate at which employment with a covered employer is recompensed under the contract of hiring with the covered employer and shall include the reasonable value of board, rent, housing, lodging, or similar advantage received under the contract of hiring. See N.Y. Workers' Compensation Law 201
  • Warden: means the person in charge of an institution by whatever title he may be known. See N.Y. Correction Law 631
  • Wastewater: means liquid waste that contains:

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

  • 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
  • Work release program: means a program in which the limits of place of confinement are extended for the purpose of seeking or engaging in employment or self-employment, attending an educational institution, participating in a training program, or obtaining medical treatment not otherwise available, caring for the prisoner's household and family or for some other compelling reason consistent with the public interest. See N.Y. Correction Law 150
  • Work release program: means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of on-the-job training or employment, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 851
  • World Trade Center site: means anywhere below a line starting from the Hudson River and Canal Street; east on Canal Street to Pike Street; south on Pike Street to the East River; and extending to the lower tip of Manhattan. See N.Y. Workers' Compensation Law 161
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.