Article 400 Licensing and Other Provisions Relating to Firearms
Article 405 Licensing and Other Provisions Relating to Fireworks
Article 410 Seizure and Forfeiture of Equipment Used in Promoting Pornography
Article 415 Seizure and Forfeiture of Vehicles, Vessels and Aircraft Used to Transport or Conceal Gambling Records
Article 420 Seizure and Destruction of Unauthorized Recordings of Sound and Forfeiture of Equipment Used in the Production Thereof
Article 450 Disposal of Stolen Property

Terms Used In New York Laws > Penal > Part 4 > Title W

  • Accused: shall mean a person accused of a violation who has not yet entered an institution's judicial or conduct process. See N.Y. Education Law 6439
  • Adoption: means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered, or any cat. See N.Y. Agriculture and Markets Law 108
  • Adulterated: means the same as set forth in section two hundred of this chapter. See N.Y. Agriculture and Markets Law 96-Z-21
  • advertising: means all representations, other than the required label statements made in any manner or by any means relating to seed within the scope of this act. See N.Y. Agriculture and Markets Law 136
  • 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.
  • 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.
  • Animal: means any animal, domestic or feral, or any domesticated bird. See N.Y. Agriculture and Markets Law 96-Y
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • Authorized agency: shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption. See N.Y. Domestic Relations Law 109
  • 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.
  • Brand: means each commercial feed identified by and differing from others either in name, trademark, descriptive designation or other method or marking, composition or guaranteed analysis. See N.Y. Agriculture and Markets Law 128
  • brand: shall mean a term, name, design, or trademark used in connection with one or several grades of commercial fertilizer. See N.Y. Agriculture and Markets Law 143
  • Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See N.Y. Agriculture and Markets Law 128
  • Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. See N.Y. Education Law 6439
  • Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
  • Clerk: means the clerk of any county, town, city or village where licenses are validated or issued pursuant to this article. See N.Y. Agriculture and Markets Law 108
  • Code of conduct: shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution. See N.Y. Education Law 6439
  • Commercial feed: means all materials except unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated within the meaning of subdivision one of section one hundred thirty-two of this article, which are distributed for use as feed or for mixing in feed, and includes pet food and specialty pet food. See N.Y. Agriculture and Markets Law 128
  • commercial fertilizer: shall mean any substances containing one or more recognized plant nutrients which is used for its plant nutrient content, and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the commissioner. See N.Y. Agriculture and Markets Law 143
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 128
  • commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 143
  • Commissioner: means the state commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 108
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug. See N.Y. Education Law 6842
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: shall mean any county in this state, except a county wholly within a city. See N.Y. Tax Law 1215
  • crop seeds: include the seeds of grass, forage, cereal, field beans, and fiber crops, including "industrial hemp" as defined in section five hundred five of this chapter, or any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixtures of such seeds. See N.Y. Agriculture and Markets Law 136
  • curd: as used in this article applies to the substance otherwise known as "pot cheese" or "cottage cheese. See N.Y. Agriculture and Markets Law 48
  • Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, including feed mixed from components supplied by the purchaser. See N.Y. Agriculture and Markets Law 128
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous dog: means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death. See N.Y. Agriculture and Markets Law 108
  • 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 agriculture and markets. See N.Y. Agriculture and Markets Law 128
  • Dependent: A person dependent for support upon another.
  • Detection dog: means any dog that is trained and is actually used for such purposes or is undergoing training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. See N.Y. Agriculture and Markets Law 108
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal plant: means the premises or place where bodies, carcasses or portions thereof of dead, dying, diseased, disabled or condemned animals or inedible meat are received and held for the purpose of burning, processing or rendering or otherwise obtaining the hides, skins, grease or meat therefrom in any manner whatsoever. See N.Y. Agriculture and Markets Law 96-Y
  • Distribute: means to offer for sale, sell, exchange, or barter commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder. See N.Y. Agriculture and Markets Law 128
  • distribute: means to offer for sale, sell, barter, exchange or otherwise supply commercial fertilizers. See N.Y. Agriculture and Markets Law 143
  • Distributor: means any person who distributes. See N.Y. Agriculture and Markets Law 128
  • distributor: means any person who distributes and includes, but is not limited to, manufacturing plants, blending plants and bulk storage facilities. See N.Y. Agriculture and Markets Law 143
  • Dog: means any member of the species canis familiaris. See N.Y. Agriculture and Markets Law 108
  • Dog control officer: means any individual appointed by a municipality to assist in the enforcement of this article or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with a municipality to assist in the enforcement of this article. See N.Y. Agriculture and Markets Law 108
  • Domestic animal: means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this article. See N.Y. Agriculture and Markets Law 108
  • domestic animals: as used in this article shall mean domesticated sheep, horses, cattle, swine and goats. See N.Y. Agriculture and Markets Law 105-D
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. See N.Y. Agriculture and Markets Law 128
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Federal inspection: means the poultry and poultry products inspection maintained by the United States department of agriculture. See N.Y. Agriculture and Markets Law 96-Z-21
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feed: means all edible materials which are consumed by animals and contribute energy or nutrients to the animal's diet. See N.Y. Agriculture and Markets Law 128
  • Feed ingredient: means each of the constitutent materials making up a commercial feed. See N.Y. Agriculture and Markets Law 128
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state. See N.Y. Agriculture and Markets Law 136
  • 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
  • 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.
  • grade: shall mean the percentages of total nitrogen, available phosphoric acid and soluble potash stated in the order and form required in the guaranteed analysis. See N.Y. Agriculture and Markets Law 143
  • Grantor: The person who establishes a trust and places property into it.
  • guaranteed analysis: shall mean a statement of the minimum percentage of plant nutrients claimed expressed in the order and form provided in section one hundred forty-four hereof. See N.Y. Agriculture and Markets Law 143
  • 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.
  • Guide dog: means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Agriculture and Markets Law 108
  • Hearing dog: means any dog that is trained to aid a person who is deaf or hard of hearing and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose. See N.Y. Agriculture and Markets Law 108
  • hybrid: means the first generation of a cross produced under controlled pollination. See N.Y. Agriculture and Markets Law 136
  • Identification tag: means a tag issued by the licensing municipality which sets forth an identification number, together with the name of the municipality, the state of New York, contact information, including telephone number, for the municipality and such other information as the licensing municipality deems appropriate. See N.Y. Agriculture and Markets Law 108
  • Identified dog: means any dog carrying an identification tag as provided in section one hundred eleven of this article. See N.Y. Agriculture and Markets Law 108
  • 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.
  • Inedible meat: means meat and meat products derived from dead, dying, disabled, diseased or condemned animals, and meat or meat products, regardless of origin, which are adulterated within the meaning of section two hundred of this chapter. See N.Y. Agriculture and Markets Law 96-Y
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York. See N.Y. Education Law 6439
  • 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
  • Intestate: Dying without leaving a will.
  • Judge: shall mean a judge of the family court of any county in the state. See N.Y. Domestic Relations Law 109
  • 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.
  • kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa, and timothy. See N.Y. Agriculture and Markets Law 136
  • Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See N.Y. Agriculture and Markets Law 128
  • label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer. See N.Y. Agriculture and Markets Law 143
  • Labeling: means any and all labels and other written, printed or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed. See N.Y. Agriculture and Markets Law 128
  • labeling: refers to statements written or imprinted on the seed container itself or on a tag or label securely attached to it as specified in the label requirements of this law. See N.Y. Agriculture and Markets Law 136
  • labelling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers. See N.Y. Agriculture and Markets Law 143
  • Lawful custody: shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law. See N.Y. Domestic Relations Law 109
  • lawyer: shall mean an attorney or counselor governed by article fifteen of the judiciary law, who receives remuneration or other compensation from a school district or board of cooperative educational services in exchange for legal services provided to such district or board. See N.Y. Education Law 2050
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed pharmacist: means a person licensed to practice pharmacy pursuant to article one hundred thirty-seven of this title. See N.Y. Education Law 6842
  • Licensee: means any person who has licensed a commercial feed manufacturing facility pursuant to section one hundred twenty-eight-a of this article. See N.Y. Agriculture and Markets Law 128
  • licensee: shall mean a person whose license, pursuant to section one hundred forty-six hereof, has been issued by the commissioner and is still in effect. See N.Y. Agriculture and Markets Law 143
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lot: means a definite quantity of seed which is identified by a lot number or other mark, and which has been so handled that each portion or container is representative of the whole quantity. See N.Y. Agriculture and Markets Law 136
  • Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See N.Y. Agriculture and Markets Law 128
  • Meat: means the entire bodies, carcasses or portions thereof of animals or birds. See N.Y. Agriculture and Markets Law 96-Y
  • 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.
  • mixed: means seed consisting of more than one kind, each in excess of five percent by weight of the whole. See N.Y. Agriculture and Markets Law 136
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: shall include housing loans as defined below. See N.Y. Public Authorities Law 2402
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mulch: means a protective covering of any suitable substance placed with seed which acts to retain sufficient moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds, and the prevention of erosion. See N.Y. Agriculture and Markets Law 136
  • Municipality: means any county, town, city and village. See N.Y. Agriculture and Markets Law 108
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • Official sample: means a sample of feed taken by the commissioner or his authorized agent in accordance with the provisions of section one hundred thirty-five-a of this article. See N.Y. Agriculture and Markets Law 128
  • Officially recognized: means recognized and designated by the laws or regulations of any state, the United States, any province of Canada, or the government of any foreign country wherein said seeds were produced, except that if said seeds are produced in New York state, section one hundred forty-one shall govern. See N.Y. Agriculture and Markets Law 136
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person who harbors or keeps any dog. See N.Y. Agriculture and Markets Law 108
  • Owner of record: means the person in whose name any dog was last licensed pursuant to this article, except that if any license is issued on application of a person under eighteen years of age, the owner of record shall be deemed to be the parent or guardian of such person. See N.Y. Agriculture and Markets Law 108
  • 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.
  • percentage: means the percentage by weight. See N.Y. Agriculture and Markets Law 143
  • percentage of germination: means the percentage of seeds, other than hard seeds, which are capable of producing normal seedlings under favorable conditions. See N.Y. Agriculture and Markets Law 136
  • Person: means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. See N.Y. Agriculture and Markets Law 108
  • Person: means any person, firm, partnership, corporation or association. See N.Y. Agriculture and Markets Law 128
  • person: shall include any individual, partnership, corporation, company, society, or association. See N.Y. Agriculture and Markets Law 136
  • person: includes individual, partnership, association, firm or corporation. See N.Y. Agriculture and Markets Law 143
  • Person: means any person, firm, corporation, or association. See N.Y. Agriculture and Markets Law 96-Z-21
  • Person with a disability: means any person with a disability as that term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. See N.Y. Agriculture and Markets Law 108
  • Personal property: All property that is not real property.
  • Pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See N.Y. Agriculture and Markets Law 128
  • Pet food: means any commercial feed prepared and distributed for consumption by pets. See N.Y. Agriculture and Markets Law 128
  • Pharmacy intern: means a person practicing under a limited permit pursuant to section sixty-eight hundred six of this title. See N.Y. Education Law 6842
  • Physical injury: means impairment of physical condition or substantial pain. See N.Y. Agriculture and Markets Law 108
  • 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.
  • Police work dog: means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. See N.Y. Agriculture and Markets Law 108
  • population: shall mean the number of people in the particular taxing jurisdiction as shown by the latest federal census. See N.Y. Tax Law 1215
  • Poultry: means any domesticated bird, whether live or dead. See N.Y. Agriculture and Markets Law 96-Z-21
  • Poultry product: means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relative small portion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the commissioner from definition as a poultry product under such conditions as the commissioner may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See N.Y. Agriculture and Markets Law 96-Z-21
  • 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.
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Private-placement adoption: shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency. See N.Y. Domestic Relations Law 109
  • 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.
  • Processing: means any method whereby meat or meat products derived from animals are cut, boned, mixed, blended, canned, cured or otherwise prepared for purposes other than for human consumption. See N.Y. Agriculture and Markets Law 96-Y
  • Product name: means the name of the commmercial feed which identifies it as to kind, class, or specific use. See N.Y. Agriculture and Markets Law 128
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Pure seed: means agricultural, vegetable, flower, tree, or shrub seeds exclusive of inert matter, weed seeds, and all other seeds distinguishable from the kinds, or kinds and varieties being considered. See N.Y. Agriculture and Markets Law 136
  • 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.
  • Registrant: means any person who has registered a commercial feed manufacturing facility or brand of pet food or specialty pet food pursuant to the provisions of section one hundred twenty-nine of this article. See N.Y. Agriculture and Markets Law 128
  • 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.
  • Respondent: shall mean a person accused of a violation who has entered an institution's judicial or conduct process. See N.Y. Education Law 6439
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seed: means botanical structures used for planting purposes and commonly referred to as "seed" within this state. See N.Y. Agriculture and Markets Law 136
  • Serious physical injury: means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. See N.Y. Agriculture and Markets Law 108
  • Service dog: means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability. See N.Y. Agriculture and Markets Law 108
  • Service of process: The service of writs or summonses to the appropriate party.
  • Small business: means a business which is independently owned and operated, and which is not dominant in the field of operation. See N.Y. Public Authorities Law 1695
  • Specialty pet: means any domesticated pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See N.Y. Agriculture and Markets Law 128
  • 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.
  • Surrogate: shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate. See N.Y. Domestic Relations Law 109
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapy dog: means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog during the period such dog is being trained or bred for such purpose, and does not qualify under federal or state law or regulations as a service dog. See N.Y. Agriculture and Markets Law 108
  • Title IX Coordinator: shall mean the Title IX Coordinator and/or his or her designee or designees. See N.Y. Education Law 6439
  • ton: means a net weight of two thousand pounds avoirdupois. See N.Y. Agriculture and Markets Law 143
  • 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.
  • Transportation service: means the operation within the state of a vehicle or vehicles by a person not otherwise licensed to operate a disposal plant, for the purpose of transporting for hire unprocessed animal bodies, carcasses or portions thereof, and meat or meat products which are not intended for eventual use for human consumption. See N.Y. Agriculture and Markets Law 96-Y
  • treated: means that the seed has received an effective application of an approved substance or method designed to control or repel plant disease organisms, insects, or other pests; or has received some other treatment to improve its planting value. See N.Y. Agriculture and Markets Law 136
  • 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.
  • 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
  • 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.
  • variety: means a subdivision of a kind characterized by growth, yield, disease resistance, plant, flower, fruit, seed or other characteristics by which it may be differentiated under certain conditions from other plants of the same kind. See N.Y. Agriculture and Markets Law 136
  • vegetable seeds: includes seeds of those food crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seeds in this state. See N.Y. Agriculture and Markets Law 136
  • Vehicle: means a conveyance or any piece of equipment whatsoever used in transportation service. See N.Y. Agriculture and Markets Law 96-Y
  • 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.
  • War dog: means any dog which has been honorably discharged from the United States armed services. See N.Y. Agriculture and Markets Law 108