Terms Used In New York Laws > Penal > Part 3 > Title L
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amortization: Paying off a loan by regular installments.
- Amount: shall include , but is not limited to, any dividend, profit or other distribution, whether in cash or securities, and any interest or other payment on or of principal, including the cash value of any security which has matured or has been called for full or partial redemption or is payable to security owners or former security owners
entitled to payments as the result of a merger, consolidation, acquisition or conversion of any type. See N.Y. Abandoned Property Law 500
- Amount: shall mean that term as defined in subdivision seven of section five hundred of this chapter. See N.Y. Abandoned Property Law 510
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- balance sheet liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iv) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See
- 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
- Bequest: Property gifted by will.
- board: means the board of higher education of the city of New York. See
- board: means "board of directors". See
- board of trustees: means the board of trustees of the city university of New York. See
- Broker: shall include any individual or corporation engaging in the purchase, sale or exchange of securities for or on behalf of any customer. See N.Y. Abandoned Property Law 510
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Chambers: A judge's office.
- city: shall mean the city of New York. See
- city university: shall mean the city university of New York, including each senior college and each community college. See
- city university: means the city university of New York under the jurisdiction of the board of higher education of the city of New York. See
- 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 college: shall mean an institution of higher education in the city of New York, which is governed and administered as such, by the board of trustees on July first, nineteen hundred seventy-nine, whose primary purpose is providing certificate and associate degree post secondary programs in general and technical educational subjects, and is receiving financial assistance from the state as a community college. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- comptroller: shall mean the comptroller of the city of New York. See
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- contributions for twenty-year amortization of nineteen hundred ninety senior college consolidated UAL and senior college remainder of BSL: shall mean all of the installments of contribution and contributions referred to in subdivisions 8-i to 8-n, inclusive, of this section which are required to be paid by the city and the state during the applicable twenty-year amortization period pursuant to section sixty-two hundred thirty-one of this article and the applicable provisions of subdivision bb of section 13-638. See
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: shall mean any corporation (other than a public corporation as defined in paragraph (b) of this subdivision), joint stock company, association of two or more individuals, committee, partnership, investment company (as defined by, and which is registered under, an act of Congress of the United States entitled the "Investment Company Act of 1940" as amended), unit investment trust or business trust, whether or not for profit. See N.Y. Abandoned Property Law 500
- Corporation: shall include any joint stock company, corporation, association of two or more individuals, committee, public authority, or business trust. See N.Y. Abandoned Property Law 510
- Corporation: means and includes all banks, trust companies, safe deposit companies, investment companies, mutual trust investment companies, and, to the extent not provided otherwise under any regulation of the superintendent of financial services promulgated pursuant to the provisions of section fourteen-e of this chapter, stock-form savings banks and stock-form savings and loan associations. See
- 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.
- Customer: shall include any individual or corporation entering into a contract with a broker or dealer by which such broker or dealer agrees to effect the purchase, sale, or exchange, or to keep custody of any security for or on behalf of such individual or corporation. See N.Y. Abandoned Property Law 510
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: shall include any individual or corporation engaging in any state as a regular business in the purchase, sale or exchange of securities for his or its own account, through a broker or otherwise. See N.Y. Abandoned Property Law 510
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- 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.
- Devise: To gift property by will.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Domestic corporation: shall mean any corporation organized under the laws of this state or under the laws of this state and one or more other states or foreign countries, but shall not mean a banking organization as defined in this chapter. See N.Y. Abandoned Property Law 500
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See
- eligible employees: means members of the instructional staffs of the colleges administered by the board of higher education in the city of New York pursuant to the provisions of article one hundred twenty-five of the education law, who are employed in the following titles: president, dean, director, professor, associate professor, assistant professor, instructor, tutor, fellow, lecturer, librarian, associate librarian, assistant librarian, library assistant, registrar, assistant registrar, registrar's assistant, principal, first assistant, supervisor, assistant teacher, critic teacher, teacher, college science assistant, college science technician, college engineering technician, and any other members of the instructional staffs of such colleges as defined in section sixty-two hundred six, subdivision 1b of the education law, and such other titles as the board in its discretion may add thereto, by reason of their close relationship to the educational purposes required to carry on the functions of the city university. See
- 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.
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: shall mean any individual or any domestic or foreign corporation holding a security for a resident or receiving, as agent of a corporation or as holder of a security, any amount due or to become due a resident as the holder or owner of a security but shall not mean any individual or corporation so acting by direction of a court in any case where such court has not directed a distribution of such amount or security. See N.Y. Abandoned Property Law 500
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreign corporation: shall mean any corporation organized under the laws of a state other than New York or under the laws of a foreign country and doing business in this state or authorized to do business in this state, but shall not mean a banking organization as defined in this chapter. See N.Y. Abandoned Property Law 500
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- insurer: shall mean a life insurance corporation, or other corporation subject to supervision by the department of financial services of the state of New York. See
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- 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.
- Juror: A person who is on the jury.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legacy: A gift of property made by will.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- mayor: shall mean the mayor of the city of New York. See
- Minority leader: See Floor Leaders
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- nineteen hundred eighty unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of items (i), (ii), (iii), (iv) and (v) of subparagraph (c) of paragraph (3) of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be paid as a charge or applied as a credit, as the case may be, pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See
- nineteen hundred eighty-two unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of item (vi) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See
- NYCTRS installment of nineteen hundred ninety BSL contribution attributable to the senior colleges: shall mean any
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Office: means in the case of a bank or trust company its principal office, in the case of a safe deposit company, investment company or mutual trust investment company, its principal place of business and in the case of a foreign corporation the place of business designated in its license or its authorization pursuant to article five-C of this chapter, as the case may be, for the oldest agency or branch in this state of such foreign corporation. See
- optional retirement program: means the retirement program established pursuant to this article. See
- Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- 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.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes , but is not limited to, money, rights to claim refunds or rebates, postal savings deposits, bonds, notes, certificates, policies of insurance, other instruments of value, choses in action, obligations whether written or unwritten, and any thing of value of any nature whatsoever. See N.Y. Abandoned Property Law 1214
- Public corporation: shall mean any state and a public corporation as defined in section sixty-six of the general construction law, but shall not mean an agency or political subdivision of the United States or of a foreign nation. See N.Y. Abandoned Property Law 500
- Public issuer: shall include the United States, the several states and territories thereof, political subdivisions and municipal corporations within such states and territories, foreign countries and political subdivisions and municipal corporations within such foreign countries. See N.Y. Abandoned Property Law 510
- public library system: as used in this article means:
(1) A library established by one or more counties. See N.Y. Education Law 272
- Quorum: The number of legislators that must be present to do business.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- reference and research library resources system: as used in this article means a duly chartered educational institution resulting from the association of a group of institutions of higher education, libraries, non-profit educational institutions, hospitals, and other institutions organized to improve reference and research library resources service. See N.Y. Education Law 272
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Resident: shall mean :
(a) An individual domiciled in this state;
(b) A domestic corporation;
(c) A banking organization, as defined in section one hundred three of this chapter; and
(d) This state and any public corporation organized under its laws. See N.Y. Abandoned Property Law 500
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- revised unfunded accrued liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iii) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See
- salary: means all amounts paid by or for the city of New York as compensation for services rendered by an eligible employee. See
- salary: shall mean the amount of compensation that is to be paid to a teacher for services rendered during the full ten months period that the public schools of the district are required by law to be in session during any school year. See
- Security: shall mean :
(a) Any instrument issued by a corporation or public corporation or any entry on the books and records of such corporation or public corporation evidencing an obligation to make any payment of the principal amount of a debt or of any increment due or to become due thereon; or
(b) Any instrument issued by a corporation to evidence a proprietary interest therein or any intangible interest in a corporation as evidenced by the books and records of the corporation except:
(i) A policy of insurance issued by a mutual insurance corporation, or
(ii) A share issued by a savings and loan association, a building and loan association, or a credit union. See N.Y. Abandoned Property Law 500
- Security: shall include :
(a) Any instrument issued by a corporation or public issuer to evidence an obligation to make any payment of the principal amount of a debt or of any increment due or to become due thereon, or
(b) Any instrument issued by a corporation to evidence a proprietary interest therein except:
(i) A policy of insurance issued by a mutual insurance corporation, or
(ii) A share issued by a savings and loan association, a building and loan association, or a credit union. See N.Y. Abandoned Property Law 510
- senior college: shall mean an institution of higher education in the city of New York, which is governed and administered by the board of trustees, including, but not limited to, a professional or graduate institution, an institution for research, an administrative institution, and, except as otherwise provided, Medgar Evers college, New York city college of technology (formerly known as "New York city technical college" and "New York city community college"), and the college of Staten Island, but not including a community college. See
- 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.
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Teachers: shall mean all full-time members of the teaching and supervisory staff of each school district of the state, including, if employed in such district, the superintendent of schools, associate, district or other superintendents, members of the board of examiners, directors,
supervisors, principals, administrative assistants, first assistants, teachers, school psychologists, social workers in a city having a population of over one million, lecturers and special instructors, except employees holding the positions enumerated in subdivisions one and two of section thirty-one hundred six of this article. See
- 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.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- United States: means any officer, agency, department or instrumentality of the United States of America, other than a court, and any corporation organized under its laws. See N.Y. Abandoned Property Law 1214
- Wages: shall include moneys payable, under contract or otherwise, for services rendered to a domestic or foreign corporation or fiduciary, including but not limited to payment of salaries, commissions, royalties, expenses, employee benefits, and insurance benefits payable by a corporation pursuant to a self-insurance plan, less lawful deductions. See N.Y. Abandoned Property Law 500
- Wages: shall include moneys payable, under contract or otherwise, for services rendered to a broker or dealer, less lawful deductions. See N.Y. Abandoned Property Law 510
- Year of service: shall mean the number of years which a teacher has served in the school district in which he is employed including the year for which a determination for salary purposes is made. See