Title 4 Dormitory Authority
Title 4-A Small Business Concerns Set-Aside Purchases and Contracts for Property and Services At the Hostos Community College
Title 4-A* Small Business Concerns Set-Aside Purchases and Contracts for Property and Services At the Bronx Community College
Title 4-B Health Care Financing Consolidation Act
Title 4-C Small Business Concerns Set-Aside Purchases and Contracts for Property and Services At the Medgar Evers College, City University of New York
Title 6 the New York City School Construction Authority Act
Title 8 New York Job Development Authority Subtitle I General Provisions
Title 9 New York State Energy Research and Development Authority
Title 9-A Green Jobs-Green New York Program
Title 9-B Clean Energy Resources Development and Incentives Program
Title 10-B Upper Mohawk Valley Memorial Auditorium Authority
Title 11 Troy Industrial Development Authority
Title 12
Title 13 Onondaga County Solid Waste Disposal Authority
Title 13-AA Montgomery, Otsego, Schoharie Solid Waste Management Authority
Title 13-B Onondaga County Resource Recovery Agency
Title 13-C Town of Islip Resource Recovery Agency
Title 13-D Dutchess County Resource Recovery Agency
Title 13-F Town of North Hempstead Solid Waste Management Authority
Title 13-FF Oneida-Herkimer Solid Waste Management Authority
Title 13-G Ulster County Resource Recovery Agency
Title 13-H Eastern Rensselaer County Solid Waste Management Authority
Title 13-I County of Franklin Solid Waste Management Authority
Title 13-L Oneida County Sports Facility Authority Act
Title 13-M Rockland County Solid Waste Management Authority
Title 14 Broome County Sports Center Authority
Title 15 Auburn Industrial Development Authority
Title 16 Suffolk County Judicial Facilities Agency
Title 17 State of New York Mortgage Agency Act
Title 18 State of New York Municipal Bond Bank Agency Act
Title 19 New York State Sports Authority
Title 21 Saratoga Springs City Center Authority
Title 25 New York City Sports Authority
Title 26 New York City Stabilization Reserve Corporation
Title 27 New York Convention Center Operating Corporation
Title 27-A Greater Rochester Sports Authority
Title 28 New York State Olympic Regional Development Authority
Title 28-A Hudson-Mohawk Urban Cultural Park Commission
Title 28-AA Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
Title 28-B Schenectady Metroplex Development Authority
Title 28-BB Albany Convention Center Authority
Title 29 Development Authority of the North Country Act
Title 31 Monroe County Airport Authority
Title 32 Albany County Airport Authority
Title 33 New York City Transitional Finance Authority
Title 34 Syracuse Regional Airport Authority
Title 35 Roosevelt Island Operating Corporation

Terms Used In New York Laws > Public Authorities > Article 8

  • Access device: means a card, code, or other means of access to a consumer's account, or any combination thereof, that may be used by the consumer for the purpose of initiating electronic fund transfers. See N.Y. General Business Law 521
  • Account: shall mean the hearing aid dispensing account. See N.Y. General Business Law 789
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Addict: means a person who habitually uses a controlled substance for a non-legitimate or unlawful use, and who by reason of such use is dependent thereon. See N.Y. Public Health Law 3302
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. See N.Y. Public Health Law 3302
  • Adult home: means an adult home as defined by subdivision twenty-five of section two of the social services law. See N.Y. Public Health Law 4651*2
  • Advertisement: means the publication, dissemination, circulation, or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by radio or television or any other means. See N.Y. Public Health Law 3400
  • 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.
  • AED: as used in this article means a medical device approved by the federal food and drug administration that (a) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (b) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (c)

    upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and (d) upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation. See N.Y. General Business Law 621

  • AEM: means agricultural environmental management. See N.Y. Agriculture and Markets Law 150
  • Affordable workforce housing: means housing for individuals and families at or below one hundred thirty percent of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. See N.Y. General Municipal Law 699-A
  • Aftermarket rustproofing: means the application of rust-inhibiting material to various areas of a new motor vehicle after the vehicle has been assembled. See N.Y. General Business Law 730
  • agency: shall include a corporate governmental agency established pursuant to article fifteen-A of this chapter. See N.Y. General Municipal Law 502
  • agency: shall mean a department of housing preservation and development. See N.Y. General Municipal Law 692
  • Agency contract: means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional sports-services contract or an endorsement contract. See N.Y. General Business Law 899-A
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See N.Y. Public Health Law 3302
  • Aggregate employment shares: means the sum of all employment shares maintained by an eligible business in a taxable year. See N.Y. General City Law 25-Y
  • Aggregate employment shares: means the sum of all employment shares maintained by an eligible business or special eligible business in a taxable year. See N.Y. General City Law 25-DD
  • Alternative revenues: means (i) sales and compensating use taxes that the city is authorized by the state to impose and (ii) taxes imposed pursuant to section eleven hundred seven of the tax law. See N.Y. Public Authorities Law 2799-BB
  • Amateur: means any participant in a combative sport authorized pursuant to this article who is not receiving or competing for, and who has never received or competed for, any purse, money, prize, pecuniary gain, or other thing of value exceeding seventy-five dollars or the allowable amount established by the authorized amateur sanctioning entity overseeing the competition. See N.Y. General Business Law 1000
  • Animal: means cattle, swine, sheep, goats, horses and other large domesticated mammals. See N.Y. Agriculture and Markets Law 96-G
  • Animal: means a dog or a cat. See N.Y. General Business Law 752
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appearance enhancement business: means the business of providing any or all of the services licensed pursuant to this article at a fixed location. See N.Y. General Business Law 400
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: means a coin processor who has filed an application with the department for a license. See N.Y. General Business Law 419
  • Applicant: shall mean the entity which submits an assisted living licensure application with the department pursuant to title two or three of this article. See N.Y. Public Health Law 4651*2
  • Applicant: shall mean the county, city, town or village submitting an application in the manner authorized by local law for designation of an area as an empire zone. See N.Y. General Municipal Law 957
  • Applicant: means a for-profit entity or not-for-profit corporation and includes: board members, officers, managers, owners, partners, principal stakeholders and members who submit an application to become a registered organization. See N.Y. Public Health Law 3360
  • Apprentice: means a person pursuing in good faith a course of study in the practice of barbering under the tutelage, supervision and direction of a licensee and who assists such licensee in such practice. See N.Y. General Business Law 431
  • approved: as used in this title shall mean a provider who is approved by the department in accordance with department regulations and has entered into an agreement with the department for the provision of evaluations, service coordination or early intervention services. See N.Y. Public Health Law 2550
  • Approved project: shall mean a project approved as provided by this article. See N.Y. Highway Law 219
  • Arrest: Taking physical custody of a person by lawful authority.
  • art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See
  • Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • assisted living residence: means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. See N.Y. Public Health Law 4651*2
  • Assisted project: shall mean any project in respect of which the authority has granted a loan or guaranteed a loan. See N.Y. Public Authorities Law 1801
  • Athlete agent: means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. See N.Y. General Business Law 899-A
  • athletic trainer: means any person who is duly certified in accordance with this article to perform athletic training under the supervision of a physician and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries, excluding spinal cord injuries, in a health care organization. See
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • auction: means a public sale of cattle, swine or horses to the highest bidder. See N.Y. Agriculture and Markets Law 90-B
  • auctioneer: means a person who sells, or makes a business of selling cattle, swine or horses, at auction. See N.Y. Agriculture and Markets Law 90-B
  • Audiologist: means an individual who is licensed under article one hundred fifty-nine of the education law to evaluate hearing, and hearing and communication disorders and to engage in those practices defined in section eighty-two hundred three of the education law. See N.Y. General Business Law 789
  • Authority: shall mean the New York job development authority created by subdivision one of section eighteen hundred two of this title. See N.Y. Public Authorities Law 1801
  • Authority: shall mean the public benefit corporation created by section two thousand forty-nine-c of this title, known as the town of North Hempstead solid waste management authority. See N.Y. Public Authorities Law 2049-B
  • Authority: shall mean the public benefit corporation created by section twenty-seven hundred three of this title, known as the development authority of the north country. See N.Y. Public Authorities Law 2702
  • Authorized commercial lessor: shall mean a person, firm or corporation other than a licensee to conduct bingo under the provisions of this article, who or which owns or is a net lessee of premises and offer the same for leasing by him, her or it to an authorized organization for any consideration whatsoever, direct or indirect, for the purpose of conducting bingo therein, provided that he, she or it, as the case may be, shall not be

    (a) a person convicted of a crime if there is a direct relationship between one or more of the previous criminal offenses and the integrity or safety of bingo, considering the factors set forth in article twenty-three-A of the correction law;

    (b) a person who is or has been a professional gambler or gambling promoter or who for other reasons is not of good moral character;

    (c) a public officer who receives any consideration, direct or indirect, as owner or lessor of premises offered for the purpose of conducting bingo therein;

    (d) a firm or corporation in which a person defined in paragraph (a), (b) or (c) of this subdivision or a person married or related in the first degree to such a person has greater than a ten percent proprietary, equitable or credit interest or in which such a person is active or employed. See N.Y. General Municipal Law 476

  • Authorized organization: shall mean and include any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in this article, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in this article for a period of one year immediately prior to applying for a license under this article. See N.Y. General Municipal Law 476
  • Authorized sanctioning entity: means an entity allowed to oversee and conduct combative sports pursuant to regulations promulgated by the commission. See N.Y. General Business Law 1000
  • authorship: refers to the creator of a work of fine art or multiple or to the period, culture, source or origin, as the case may be, with which the creation of such work is identified in the description of the work. See
  • Automobile broker business: means any person who, for a fee, commission or other valuable consideration, regardless of whether such fee, commission, or consideration is paid directly by a consumer, offers to provide, provides, or represents that he or she will provide a service of purchasing, arranging, assisting, facilitating or effecting the purchase or lease of an automobile as agent, broker, or intermediary for a consumer. See N.Y. General Business Law 736
  • baby chicks: as used in this article , means any domestic fowl under the age of six weeks. See N.Y. Agriculture and Markets Law 175-M
  • Bail: means cash bail, a bail bond or money paid with a credit card. See N.Y. Criminal Procedure Law 500.10
  • Bail bond: means a written undertaking, executed by one or more obligors, that the principal designated in such instrument will, while at liberty as a result of an order fixing bail and of the posting of the bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise

    render himself amenable to the orders and processes of the court, and that in the event that he fails to do so the obligor or obligors will pay to the people of the state of New York a specified sum of money, in the amount designated in the order fixing bail. See N.Y. Criminal Procedure Law 500.10

  • Bank: means a bank, trust company, savings bank, or state or federal savings and loan association which is located within this state. See N.Y. General Business Law 778
  • Banking organization: when used in this title shall mean (a) any organization defined by subdivision eleven of section two of the banking law, (b) any agency or branch of a foreign banking corporation licensed by the department of financial services under article five of the banking law, (c) any national bank, federal savings and loan association and federal credit union, (d) any authorized insurer defined by paragraph ten of subsection (a) of section one hundred seven of the insurance law and (e) any public or private pension or investment fund required to file a report with any state or federal regulatory or supervisory body. See N.Y. Public Authorities Law 1801
  • 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.
  • Barber: means a person who engages in the practice of barbering. See N.Y. General Business Law 431
  • Barber shop: means any store, establishment, place or premises or part thereof where the practice of barbering is engaged in. See N.Y. General Business Law 431
  • Barber shop owner: is a person who operates or conducts a barber shop as defined by subdivision eight of this section. See N.Y. General Business Law 431
  • barbering: means and includes the performance of the following practices upon the head of a human being for any purpose whatsoever except for the treatment of disease or of physical or mental ailments:

    (a) Shaving or trimming the beard or cutting the hair of humans;

    (b) Giving facial or scalp massage with oils, creams, lotions or other preparations, either by hand or mechanical appliances;

    (c) Singeing, shampooing, arranging, dressing or dyeing the hair or applying hair tonic;

    (d) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face or neck. See N.Y. General Business Law 431

  • 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.
  • Bequest: Property gifted by will.
  • Billing error: means the initial occurrence of an error by omission or commission by the creditor in a billing statement given to the consumer by the creditor in (a) posting any debit or credit or (b) the computation of any amount or (c) any similar error of an accounting nature or (d) posting any debit for goods which were not received by the consumer as required by the provisions of subdivision fourteen of section four hundred thirteen of the personal property law. See N.Y. General Business Law 701
  • Bingo control law: shall mean article nineteen-B of the executive law. See N.Y. General Municipal Law 476
  • Birth-related neurological injury: means an injury to the brain or spinal cord of a live infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation, or by other medical services provided or not provided during delivery admission, that rendered the infant with a permanent and substantial motor impairment or with a developmental disability as that term is defined by section 1. See N.Y. Public Health Law 2999-H
  • Blaster: means a person who performs the act of preparation for detonation and the detonation of an explosive. See N.Y. General Business Law 481
  • Blood bank: means a facility for the collection, processing, storage and/or distribution of human blood, blood components or blood derivatives. See N.Y. Public Health Law 571
  • board: means "board of directors". See
  • board: means the board of trustees of the state university of New York. See
  • Board: means the board of examiners of nursing home administrators as provided for in this article. See N.Y. Public Health Law 2895-A
  • Board: shall mean the hearing aid dispensing advisory board. See N.Y. General Business Law 789
  • Board: shall mean the members of the commission. See N.Y. Public Authorities Law 2631
  • Board: shall mean the New York secure choice savings program board established under this article. See N.Y. General Business Law 1300
  • Board of supervisors: shall mean the elective governing body of a county, by whatever name designated. See N.Y. Highway Law 219
  • Bonds: means bonds, notes and other evidences of indebtedness, issued by the authority. See N.Y. Public Authorities Law 2799-BB
  • Bonds: shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires. See N.Y. Public Authorities Law 2049-B
  • Bonds: shall mean the bonds authorized by this title. See N.Y. Public Authorities Law 2631
  • Bonds: shall mean s the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires. See N.Y. Public Authorities Law 2702
  • Bonus ball: shall mean a bingo game that is played in conjunction with one or more regular or special bingo games designated as bonus ball games by the licensed authorized organization during one or more consecutive bingo occasions in which a prize is awarded to the player obtaining a specified winning bingo pattern when the last number called by the licensed authorized organization is the designated bonus ball number. See N.Y. General Municipal Law 476
  • Bridge: shall mean any structure whether of single or multiple span construction with a clear span in excess of five feet with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Highway Law 219
  • Bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening. See N.Y. Highway Law 230
  • Build-ready site: shall mean a site for which the authority has secured permits, property interests, agreements and/or other authorizations necessary to offer such site for further development, construction and operation of a renewable energy facility in accordance with the other provisions of this title. See N.Y. Public Authorities Law 1901
  • Builder: means any person, corporation, partnership or other entity contracting with an owner for the construction of a one- or two-family residential dwelling having less than three stories. See N.Y. General Business Law 759
  • Builder: means any person, corporation, partnership or other entity contracting with an owner for the construction or sale of a new home. See N.Y. General Business Law 777
  • Building code: means the uniform fire prevention and building code promulgated under section three hundred seventy-seven of the executive law, local building code standards approved by the uniform fire prevention and building code council under section three hundred seventy-nine of the executive law, and the building code of the city of New York, as defined in title twenty-seven of the administrative code of the city of New York. See N.Y. General Business Law 777
  • Burial: includes transportation and/or cremation. See N.Y. Public Health Law 3400
  • Business: means any individual, partnership, trust, association, organization or corporation. See N.Y. General Business Law 789
  • Buyer: as used in this article means any individual who enters into a contract for services with a health club. See N.Y. General Business Law 621
  • Buyer: means a natural person who buys or receives aftermarket rustproofing on a new motor vehicle if such vehicle is bought for use primarily for personal, family or household purposes. See N.Y. General Business Law 730
  • Buyer: means any person or persons who have contracted or who intend to contract with a builder for the construction of a one- or two-family residential dwelling having less than three stories. See N.Y. General Business Law 759
  • By means of the internet: means any sale, delivery, distribution, or dispensing of a controlled substance that uses the internet, is initiated by use of the internet or causes the internet to be used. See N.Y. Public Health Law 3302
  • camelid: means the entire family of camelidae. See N.Y. Agriculture and Markets Law 90-B
  • Capital financing need: means a period during which and only the extent to which the issuance of bonds in accordance with this title would assist the city in meeting its capital needs as determined by the mayor pursuant to section twenty-seven hundred ninety-nine-ff of this title. See N.Y. Public Authorities Law 2799-BB
  • Carcass: means all parts, including viscera of a slaughtered animal, that are capable of being used for human food. See N.Y. Agriculture and Markets Law 96-G
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash bail: means a sum of money, in the amount designated in an order fixing bail, posted by a principal or by another person on his behalf with a court or other authorized public servant or agency, upon the condition that such money will become forfeit to the people of the state of New York if the principal does not comply with the directions of a court requiring his attendance at the criminal action or proceeding involved or does not otherwise render himself amenable to the orders and processes of the court. See N.Y. Criminal Procedure Law 500.10
  • cattle: means the entire family of bovidae. See N.Y. Agriculture and Markets Law 90-B
  • Certificate: means a certificate of registration issued under this article. See N.Y. General Business Law 899-AAA
  • Certificate of authenticity: means a written statement by an art merchant confirming, approving or attesting to the authorship of a work of fine art or multiple, which is capable of being used to the advantage or disadvantage of some person. See
  • Certified medical use: means the acquisition, possession, use, or, transportation of medical marihuana by a certified patient, or the acquisition, possession, delivery, transportation or administration of medical marihuana by a designated caregiver, for use as part of the treatment of the patient's serious condition, as authorized in a certification under this title including enabling the patient to tolerate treatment for the serious condition. See N.Y. Public Health Law 3360
  • Certified patient: means a patient who is a resident of New York state or receiving care and treatment in New York state as determined by the commissioner in regulation, and is certified under section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
  • 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 fiscal officer: means a comptroller, commissioner of finance, director of finance or other officer possessing similar powers and duties, except that in a school district the term shall not mean a member of the board of education or a trustee thereof. See N.Y. General Municipal Law 800
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • child born out of wedlock: when used in this article, refers to a child whose father is not its mother's husband. See N.Y. Public Health Law 4135
  • Children with physical disabilities: means any persons under twenty-one years of age who are disabled by reason of a defect or disability, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limiting the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumatic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphatic diseases, including, but not limited to: insufficiency of lymphatic circulatory function (to include all forms of lymphedema, both primary and secondary); lipedema; complex vascular diseases of the lymphatic

    vasculature,

    including

    lymphangiomatosis, lymphangioleio-myomatosis, lymphangiectasias, lymphangiomas, cystic hygromas,

    Gorham's

    disease,

    lymphangiosarcoma,

    and complex vascular/lymphatic malformations and syndromes, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of mental retardation. See N.Y. Public Health Law 2581

  • City: means the city of New York. See N.Y. Public Authorities Law 2799-BB
  • City: shall mean the city of New York;

    2. See N.Y. Public Authorities Law 2799-BBBB

  • Clinical laboratory: means a facility for the microbiological, immunological, chemical, hematological, biophysical, cytological, pathological, genetic, or other examination of materials derived from the human body, for the purpose of obtaining information for the diagnosis, prevention, or treatment of disease or the assessment of a health condition or for identification purposes. See N.Y. Public Health Law 571
  • Clinically ill: means an illness that is apparent to a veterinarian based on observation, examination, or testing of an animal or upon review of the medical records relating to the animal. See N.Y. General Business Law 752
  • coin processor: means any individual, partnership, association or corporation engaged in the business of providing coin processing services. See N.Y. General Business Law 419
  • Combative sport: means any unarmed bout, contest, competition, match, or exhibition undertaken to entertain an audience, wherein the participants primarily grapple or wrestle, or deliver blows of any kind to, or use force in any way to manipulate, the body of another participant, and wherein the outcome and score depend entirely on such activities. See N.Y. General Business Law 1000
  • Commission: shall mean the empire state plaza art commission created by this article. See
  • commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. General Municipal Law 476
  • Commission: shall mean the public service commission. See N.Y. Public Authorities Law 1901
  • Commission: shall mean the Hudson-Mohawk urban cultural park commission created pursuant to section two thousand six hundred thirty-two of this title. See N.Y. Public Authorities Law 2631
  • Commission: means the state athletic commission as provided for in section one thousand three of this article, or an agent or employee of the state athletic commission acting on its behalf. See N.Y. General Business Law 1000
  • Commissioner: shall mean the commissioner of homes and community renewal;

    3. See N.Y. Public Authorities Law 2799-BBBB

  • commissioner: means the commissioner of agriculture and markets of the state of New York. See N.Y. Agriculture and Markets Law 71-U
  • Commissioner: means the commissioner of labor of the state of New York, except that any reference to the commissioner with respect to radioactive material, as defined in this article, or radiation equipment, as defined in this article, shall be a reference to the commissioner of health of the state of New York. See N.Y. General Business Law 481
  • Commissioner: means the "industrial commissioner" of the state of New York. See N.Y. General Business Law 500
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 96-G
  • Commissioner: means the commissioner of environmental conservation of the state of New York. See N.Y. Public Health Law 1380
  • Commissioner: shall mean the commissioner of agriculture and markets. See N.Y. General Business Law 752
  • Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
  • Commissioner: shall mean the commissioner of transportation of the state of New York. See N.Y. Highway Law 219
  • Commissioner: shall mean the commissioner of taxation and finance. See N.Y. General Business Law 1300
  • committee: means the state committee for perfusion created by section sixty-six hundred thirty-four of this article. See
  • Common area: shall mean a portion of a multiple dwelling that is not within a dwelling unit and is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling. See N.Y. New York City Administrative Code 27-2056.2
  • Community development projects: shall mean projects sponsored by not-for-profit organizations which have been approved by the zone board, which will advance the zone development plan. See N.Y. General Municipal Law 957
  • Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug. See
  • Compounding: means the combining, admixing, mixing, diluting, pooling, reconstituting, or otherwise altering of a drug or bulk drug substance to create a drug with respect to an outsourcing facility under section 503B of the federal Food, Drug and Cosmetic Act and further defined in this section. See N.Y. Public Health Law 3302
  • comprehensive community plan: shall mean and be interchangeable with "master plan" or "general plan. See N.Y. General Municipal Law 502
  • Comptroller: means the comptroller of the city. See N.Y. Public Authorities Law 2799-BB
  • Comptroller: shall mean the comptroller of the state. See N.Y. Public Authorities Law 1801
  • comptroller: means the comptroller of the state of New York with respect to the state university or the appropriate fiscal officer with respect to other employers. See
  • Comptroller: shall mean the comptroller of the state. See N.Y. General Business Law 1300
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • condition conducive to lead poisoning: means : (i) paint or other similar surface-coating material containing lead in a condition accessible for ingestion or inhalation or where peeling or chipping of the paint or other similar surface-coating material occurs or is likely to occur; and (ii) other environmental conditions which may result in significant lead exposure. See N.Y. Public Health Law 1370
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Conservation: means acts taken to correct deterioration and alteration and acts taken to prevent, stop or retard deterioration. See
  • Construction: shall mean the acquisition, erection, building, alteration,

    improvement,

    increase,

    enlargement,

    extension, reconstruction, renovation or rehabilitation of a solid waste management-resource recovery facility; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions preliminary or incidental thereto. See N.Y. Public Authorities Law 2049-B

  • Construction: shall mean the acquisition, erection, building, alteration,

    improvement,

    increase,

    enlargement,

    extension, reconstruction, renovation or rehabilitation of any project financed under the provisions of this title; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions preliminary or incidental thereto. See N.Y. Public Authorities Law 2702

  • Construction contract: means a written or oral agreement for the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or relating to the excavation of or other development or improvement to land, and where the aggregate cost of the construction project including all labor, services, materials and equipment to be furnished, equals or exceeds one hundred fifty thousand dollars. See N.Y. General Business Law 756
  • Consumer: means any natural person who is solicited to purchase or who purchases the services of a credit services business. See N.Y. General Business Law 458-B
  • Consumer: means a natural person. See N.Y. General Business Law 521
  • Consumer: means a natural person. See N.Y. General Business Law 523
  • Consumer: means the person who purchased the part for purposes other than resale or any person to whom the motor vehicle on which the part is installed is transferred during the term of the warranty provided by section six hundred seventeen of this article and any other person, other than a seller, entitled by the terms of such warranty to enforce the obligations of the warranty. See N.Y. General Business Law 616
  • Consumer: means a New York resident who is the purchaser, lessee or transferee of farm equipment, other than for the purposes of resale. See N.Y. General Business Law 697
  • Consumer: means a natural person. See N.Y. General Business Law 701
  • Consumer: means a natural person. See N.Y. General Business Law 710
  • Consumer: means a natural person who is solicited to purchase or who purchases the services of an automobile broker business. See N.Y. General Business Law 736
  • Consumer: means any individual purchasing an animal from a pet dealer. See N.Y. General Business Law 752
  • Consumer claim: means any obligation of a natural person for the payment of money or its equivalent which is or is alleged to be in default and which arises out of a transaction wherein credit has been offered or extended to a natural person, and the money, property or service which was the subject of the transaction was primarily for personal, family or household purposes. See N.Y. General Business Law 600
  • Consumer claim: means any obligation of a natural person for the payment of money or its equivalent which is or is alleged to be in default and which arises out of a transaction wherein credit has been offered or extended to a natural person, and the money, property or service which was the subject of the transaction was primarily for personal, family or household purposes. See N.Y. General Business Law 604
  • Consumer credit: means credit extended to a consumer, primarily for personal, family or household purposes, pursuant to a plan under which the creditor may permit the consumer to make purchases or obtain loans, from time to time, directly from the creditor or indirectly by use of a credit card, check or other device, as the plan may provide. See N.Y. General Business Law 701
  • Consumer credit: means credit extended to a consumer on an account pursuant to a plan under which the creditor may permit the customer to make purchases or obtain loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. See N.Y. General Business Law 710
  • Consumer credit: means credit extended to an obligor on an account pursuant to a plan under which (a) the creditor may permit the obligor to make purchases or obtain loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide; (b) the customer has the privilege of paying the balance in full or in installments; and (c) a finance charge may be computed by the creditor from time to time on an outstanding unpaid balance. See N.Y. General Business Law 717
  • Contact: means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. See N.Y. General Business Law 899-A
  • Contact individual: means an individual who has or may have come in contact with a principal individual or who has or may have been exposed to and possibly infected with COVID-19. See N.Y. Public Health Law 2180
  • Contact tracing: means case investigation and identification of principal individuals and contact individuals. See N.Y. Public Health Law 2180
  • contact tracing entity: means an individual or entity employed by or under contract with the state, a local government, a state or local governmental entity, or an agent thereof, to conduct contact tracing, engage in contact tracing, or receive contact tracing information. See N.Y. Public Health Law 2180
  • Contact tracing information: means any information that includes or can reveal the identity of any principal individual or contact individual, and any COVID-19-related information or test results, received or collected for the purpose or in the course of contact tracing. See N.Y. Public Health Law 2180
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Contract: means any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. See N.Y. General Municipal Law 800
  • Contract: means a written agreement between a seller and buyer for the sale and purchase of a home. See N.Y. General Business Law 778
  • Contract for services: means a contract between a subscriber and a credit card registration service under which the credit card registration service agrees to provide to a subscriber for a fee any of its services. See N.Y. General Business Law 521
  • Contractor: means any person, firm, partnership, corporation, association, company, organization or other entity, including a construction manager, or any combination thereof, which enters into a construction contract with an owner. See N.Y. General Business Law 756
  • Controlled substance: means a substance or substances listed in section thirty-three hundred six of this chapter. See N.Y. Public Health Law 3302
  • Controlling person: means any person who by reason of a direct or indirect ownership interest, whether of record or beneficial, has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of said corporation, partnership or other entity. See N.Y. Public Health Law 4651*2
  • Coordinated standards and procedures: means standards and procedures developed by state early intervention service agencies pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541
  • Corporation: shall mean the Roosevelt Island operating corporation created by this section;

    4. See N.Y. Public Authorities Law 2799-BBBB

  • 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
  • cosmetology: means providing the services described in subdivisions four, five and six of this section, providing service to the hair, head, face, neck or scalp of a human being, including but not limited to shaving, trimming, and cutting the hair or beard either by hand or mechanical appliances and the application of antiseptics, powders, oil, clays, lotions or applying tonics to the hair, head, or scalp, and in addition includes providing, for a fee or any consideration or exchange, whether direct or indirect, services for the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair of a human being. See N.Y. General Business Law 400
  • Cost benefit analysis: shall mean , for purposes of paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article, a method of determining whether to certify a business enterprise based on the business enterprise's projected job creation and/or investment in the zone versus the total amount of empire zone tax benefits the business enterprise will potentially be allowed to use and

    have refunded to it and shall be a ratio of at least 10:1 for manufacturing enterprises and 20:1 for all other business enterprises, the numerator of which is the sum of (i) the estimated value of all wages and benefits paid for the first three years of certification to all existing and projected employees of the business enterprise in the zone and (ii) the estimated value of capital investments for the first three years of certification in the zone, and the denominator of which is the estimated amount of total empire zone tax benefits that may be used and may be refunded for the first three years of certification. See N.Y. General Municipal Law 957

  • costs: means costs, appropriated in the capital budget of the city pursuant to chapters nine and ten of the New York city charter, as amended from time to time, providing for the construction, reconstruction, acquisition or installation of physical public betterments or improvements, or the costs of any preliminary studies, surveys, maps, plans, estimates and hearings, or incidental costs, including, but not limited to, legal fees, printing or engraving, publication of notices, taking of title, apportionment of costs, and interest during construction, or any underwriting or other costs incurred in connection with the financing thereof. See N.Y. Public Authorities Law 2799-BB
  • Council: means the council of the city. See N.Y. Public Authorities Law 2799-BB
  • Council: means the advisory council on lead poisoning prevention established pursuant to section thirteen hundred seventy-b of this title. See N.Y. Public Health Law 1370
  • Council: means the early intervention coordinating council established under section twenty-five hundred fifty-three of this title. See N.Y. Public Health Law 2541
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counterfeit: means a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such manner that it appears or is claimed to have an authorship which it does not in fact possess. See
  • county: shall mean any county in this state, except a county wholly within a city. See N.Y. Tax Law 1215
  • County superintendent: shall mean the county superintendent of highways. See N.Y. Highway Law 219
  • county superintendent of highways: shall include county engineer or other officer performing similar duties to county superintendent in counties having no superintendent of highways. See N.Y. Highway Law 110
  • Court: includes , where appropriate, a judge authorized to act as described in a particular statute, though not as a court. See N.Y. Criminal Procedure Law 500.10
  • 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.
  • Craft: means a functional or non-functional work individually designed, and crafted by hand, in any medium including but not limited to textile, tile, paper, clay, glass, fiber, wood, metal or plastic; provided, however, that if produced in multiples, craft shall not include works mass produced or produced in other than a limited edition. See
  • Crane: includes but is not limited to cranes and equipment of the following types: a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier, tower cranes, hydraulic cranes and power-operated derricks; provided, however, that "crane" shall not include public utility company line trucks used by a public utility company in the construction and maintenance of its generation, transmission and distribution facilities. See N.Y. General Business Law 481
  • Credit balance: means any money or credit owed to, or held for the benefit of, a consumer by a creditor on a consumer credit account, whether resulting from an overpayment or return of merchandise by the consumer, or otherwise. See N.Y. General Business Law 710
  • Credit card: means and includes any credit card, credit plate, charge plate, courtesy card, or other identification card or device which may be used to obtain a cash advance or a loan or credit or to purchase or lease property or services on the credit of the issuer or of the holder. See N.Y. General Business Law 521
  • Credit card registration service: means any person who provides to subscribers for a fee services including, but not limited to, any of the following: maintenance of a registry of credit cards or access devices owned by a subscriber; notification on behalf of a subscriber to card issuers or financial institutions that any of a subscriber's credit cards or access devices have been lost or stolen; assistance to a subscriber in obtaining new cards or access devices when the subscriber's cards or access devices have been lost or stolen; and notification on behalf of a subscriber to card issuers or financial institutions that a subscriber's address has changed. See N.Y. General Business Law 521
  • 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
  • Credit services business: means any person who sells, provides, or performs, or represents that he can or will sell, provide or perform, a service for the express or implied purpose of improving a consumer's credit record, history, or rating or providing advice or assistance to a consumer with regard to the consumer's credit record history or rating in return for the payment of a fee. See N.Y. General Business Law 458-B
  • Creditor: means a person, partnership, corporation, association or other entity who, in the ordinary course of business, regularly extends consumer credit. See N.Y. General Business Law 701
  • Creditor: means a person, partnership, corporation, association or other entity who, in the ordinary course of business, regularly extends consumer credit. See N.Y. General Business Law 710
  • Creditor: means a person, partnership, corporation, association or other entity who in the ordinary course of business, regularly extends consumer credit. See N.Y. General Business Law 717
  • Creditors: means "creditor" as defined in paragraph thirteen of subsection (b) of section 1--201 of the uniform commercial code. See
  • Culvert: shall mean any structure whether of single or multiple span construction with an interior width of five feet or less with measurements to be made in the manner set forth in subdivision two of section two hundred thirty of this chapter. See N.Y. Highway Law 219
  • Culvert: means a structure whether of single or multiple span construction within an interior width of twenty feet or less when measurement is made horizontally along the center line of roadway from face to face of abutments or sidewalls immediately below the copings or fillets; or, if there are no copings or fillets at points six inches below the bridge seats or immediately under the top slab in the case of frame structures. See N.Y. Highway Law 230
  • 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
  • Current net price: means the price listed in the supplier's effective price list or catalogue, less any applicable trade and cash discounts. See N.Y. General Business Law 696-A
  • Custom home: means a new single family residence to be constructed on premises owned of record by the purchaser at the time of contract, provided that such residence is intended for residential occupancy by

    such purchaser and the contract of sale is entered into on or after the first day of March, nineteen hundred ninety. See N.Y. General Business Law 770

  • Custom slaughtered meat: means meat from animals which have been slaughtered by a custom slaughterer for the owner exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees. See N.Y. Agriculture and Markets Law 96-G
  • Custom slaughterer: means a person, firm, corporation or association who or which operates a place or establishment where animals are delivered by the owner thereof for slaughter exclusively for use, in the household of such owner, by him and members of his household and his non-paying guests and employees, provided, that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat products of any animal. See N.Y. Agriculture and Markets Law 96-G
  • dairy product: means all milk and milk products defined by the definitions and standards of identity promulgated pursuant to section forty-six-a of this chapter and such other food products derived from milk as the commissioner shall designate by regulation. See N.Y. Agriculture and Markets Law 71-U
  • Damage: means an impact upon or removal of support from an underground facility consequent to excavation or demolition which, according to the operating practices of the operator, would necessitate repair of such facility, destruction of any underground facility or its protective coating, housing or other protective device, and impact with or severance of an underground facility. See N.Y. General Business Law 760
  • De-identified: means , in relation to contact tracing information, that the information cannot identify or be made to identify or be associated with a particular individual, directly or indirectly and is subject to technical safeguards and policies and procedures that prevent re-identification, whether intentionally or unintentionally, of any individual. See N.Y. Public Health Law 2180
  • Dealer: means any person selling or agreeing to sell primarily equipment under an agreement with a supplier. See N.Y. General Business Law 696-A
  • Dealer: means any person selling or agreeing to sell farm equipment under an agreement with a manufacturer, wholesaler or distributor. See N.Y. General Business Law 697
  • Dealer: shall include any person, corporation, association or any other legal entity who customarily sells mobile homes to consumers. See N.Y. General Business Law 721
  • Dealer agreement: means any agreement between a supplier and a dealer by which the dealer is authorized to engage in the business of the retail sale, lease and/or service of equipment in accordance with methods and procedures prescribed by the supplier. See N.Y. General Business Law 696-A
  • Debtor: means any natural person who owes or who is asserted to owe a consumer claim. See N.Y. General Business Law 600
  • Debtor: means any natural person who owes or who is asserted to owe a consumer claim. See N.Y. General Business Law 604
  • Decedent: A deceased person.
  • deer: means any member of the family of cervidae. See N.Y. Agriculture and Markets Law 90-B
  • delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See N.Y. Public Health Law 3302
  • Demand: means communication of an actual notice to the vendor of requests made therein. See N.Y. General Business Law 780
  • Demolition: means the wrecking, razing, rending, moving or removing of any structure. See N.Y. General Business Law 760
  • Density bonus: means a density increase of at least ten percent over the otherwise maximum allowable residential density or floor area ratio if part of a mixed-use development under the applicable zoning ordinance and comprehensive plan as of the date of the application by the applicant to the local government. See N.Y. General Municipal Law 699-A
  • Department: means the department of state. See N.Y. General Business Law 400
  • department: means the department of state. See N.Y. General Business Law 419
  • Department: means the department of state. See N.Y. General Business Law 431
  • Department: means the department of labor. See N.Y. General Business Law 500
  • Department: means the department of agriculture and markets. See N.Y. Agriculture and Markets Law 96-G
  • Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
  • Department: means the department of state. See N.Y. General Business Law 789
  • Department: means the New York state department of state. See N.Y. General Business Law 899-AAA
  • Deposit: means any moneys given as down payment by the vendee to the vendor as required by the vendor prior to the commencement of the work to be performed pursuant to an agreement between the vendor and vendee wherein vendor undertook to build or construct a home for the vendee. See N.Y. General Business Law 780
  • Designated caregiver: means the individual designated by a certified patient in a registry application. See N.Y. Public Health Law 3360
  • Deteriorated subsurface: shall mean an unstable or unsound painted subsurface, an indication of which can be observed through a visual inspection, including, but not limited to, rotted or decayed wood, or wood or plaster that has been subject to moisture or disturbance. See N.Y. New York City Administrative Code 27-2056.2
  • Developmental delay: means that a child has not attained developmental milestones expected for the child's chronological age, as measured by qualified professionals using appropriate diagnostic instruments and/or procedures and informed clinical opinion, in one or more of the following areas of development: cognitive, physical, communication, social or emotional, or adaptive. See N.Y. Public Health Law 2541
  • Direct supervision: means a physician must be present in the section of the facility where the procedure is being performed and is not concurrently encumbered by responsibilities that would preclude the physician from responding to a request for assistance within a timeframe that poses no risk to the patient. See N.Y. Public Health Law 3501
  • director: as used in this title shall include such alternates, except that no alternate may designate an alternate pursuant to this subdivision. See N.Y. Public Authorities Law 2799-DD
  • Director: means the person who is responsible for administration of the technical and scientific operation of a clinical laboratory or blood bank, including supervision of procedures and reporting of findings of tests. See N.Y. Public Health Law 571
  • Director of management and budget: means the director of management and budget of the city. See N.Y. Public Authorities Law 2799-BB
  • Disability: means :

    (a) a developmental delay; or

    (b) a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, such as Down syndrome or other chromosomal abnormalities, sensory impairments, inborn errors of metabolism or fetal alcohol syndrome. See N.Y. Public Health Law 2541

  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
  • Dispensing of hearing aids: means the act of fitting, selecting, selling, renting, adapting or servicing of hearing aids or any other instrument to compensate for impaired hearing; provided that such term shall include testing of hearing, solely for the purpose of fitting, selecting, selling, distribution, renting, adapting or servicing hearing aids or any instrument to compensate for impaired hearing, the making of impressions, castings and shells and appropriate counseling and instructions pertaining to the selection, adaptation and sale or rental of hearing aids and further provided that such term shall include any tasks, procedures, acts, or practices that are necessary (a) for the non-diagnostic testing of hearing solely for the purpose of fitting a hearing aid; (b) for training in the use of amplification including hearing aids; (c) for the making of ear molds for hearing aids; (d) for the fitting, dispensing, and sale of hearing aids; or (e) for otoscopic observation of solely the ear canal for the purposes of fitting, dispensing or sale of hearing aids; provided, however, that nothing contained in this subdivision shall be deemed to permit the performance of or reference to an otoscopic evaluation for medical diagnosis; and (f) for those other procedures necessary to determine proper amplification needs and the specific hearing aid which will be of maximum benefit to aid or to compensate for the impaired ear. See N.Y. General Business Law 789
  • Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
  • Distributor: means a person who distributes a controlled substance. See N.Y. Public Health Law 3302
  • District: means a business improvement district established pursuant to this article. See N.Y. General Municipal Law 980
  • District charge: means a levy imposed on behalf of the district as provided in the district plan. See N.Y. General Municipal Law 980
  • Diversion: means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. See N.Y. Public Health Law 3302
  • division: means the division of criminal justice services. See N.Y. General Business Law 419
  • Division: shall mean the New York state division of housing and community renewal;

    6. See N.Y. Public Authorities Law 2799-BBBB

  • Docket: A log containing brief entries of court proceedings.
  • Document: means any record kept, held, filed, produced or reproduced by, with or for a person or business entity, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, or computer tapes or discs. See N.Y. General Business Law 899-AAA
  • Document destruction contractor: means a person, firm or corporation that owns or operates a business, the principal purpose of which is to destroy records containing personal identifying information for a fee, and for whom the total cash price of all of his, her or its document destruction contracts exceeds five hundred dollars during any period of twelve consecutive months. See N.Y. General Business Law 899-AAA
  • Document destruction: means the burning, pulverizing, or shredding of a record, or any action taken to render the personal identifying information contained on a record unreadable and incapable of reconstruction. See N.Y. General Business Law 899-AAA
  • Donee: The recipient of a gift.
  • Down payment: means a contract deposit or similar advance toward the purchase price of a home that a buyer gives to an escrow agent pursuant to the provisions of a contract. See N.Y. General Business Law 778
  • Drug: means

    (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

    (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and

    (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302

  • Drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug user. See N.Y. General Obligations Law 12-102
  • Drug user: means the individual whose illegal drug use is the basis of an action brought pursuant to this article. See N.Y. General Obligations Law 12-102
  • Drug-related paraphernalia: consists of the following objects used for the following purposes:

    (a) Kits, used or designed for the purpose of planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

    (b) Kits, used or designed for the purpose of manufacturing, compounding, converting, producing, or preparing controlled substances;

    (c) Isomerization devices, used or designed for the purpose of increasing the potency of any species of plant which is a controlled substance;

    (d) Scales and balances, used or designed for the purpose of weighing or measuring controlled substances;

    (e) Diluents and adulterants, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for the purpose of cutting controlled substances;

    (f) Separation gins, used or designed for the purpose of removing twigs and seeds in order to clean or refine marihuana;

    (g) Hypodermic syringes, needles and other objects, used or designed for the purpose of parenterally injecting controlled substances into the human body;

    (h) Objects, used or designed for the purpose of ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body. See N.Y. General Business Law 850

  • Dwelling: means a building or structure or portion thereof, including the property occupied by and appurtenant to such dwelling, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and shall, without limiting the foregoing, include child care facilities for children under six years of age, kindergartens and nursery schools. See N.Y. Public Health Law 1370
  • ear tag: means a unique, tamper-resistant device which, when affixed to the ears of cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Agriculture and Markets Law 90-B
  • Early bird: shall mean a bingo game which is played as a special game, conducted not more than twice during a bingo occasion, in which prizes are awarded based upon a percentage not to exceed seventy-five percent of the sum of money received from the sale of the early bird cards and which is neither subject to the prize limits imposed by subdivisions five and six of section four hundred seventy-nine and paragraph (a) of subdivision one of section four

    hundred eighty-one, nor the special game opportunity charge limit imposed by section four hundred eighty-nine of this article. See N.Y. General Municipal Law 476

  • Early intervention official: means an appropriate municipal official designated by the chief executive officer of a municipality and an appropriate designee of such official. See N.Y. Public Health Law 2541
  • Early intervention services: means developmental services that:

    (a) are provided under public supervision;

    (b) are selected in collaboration with the parents;

    (c) are designed to meet a child's developmental needs in any one or more of the following areas:

    (i) physical development, including vision and hearing,

    (ii) cognitive development,

    (iii) communication development,

    (iv) social or emotional development, or

    (v) adaptive development;

    (d) meet the coordinated standards and procedures;

    (e) are provided by qualified personnel;

    (f) are provided in conformity with an IFSP;

    (g) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;

    (h) include, as appropriate:

    (i) family training, counseling, home visits and parent support groups,

    (ii) special instruction,

    (iii) speech pathology and audiology,

    (iv) occupational therapy,

    (v) physical therapy,

    (vi) psychological services,

    (vii) case management services, hereafter referred to as service coordination services,

    (viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,

    (ix) early identification, screening, and assessment services,

    (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,

    (xi) nursing services,

    (xii) nutrition services,

    (xiii) social work services,

    (xiv) vision services,

    (xv) assistive technology devices and assistive technology services,

    (xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and

    (xvii) other appropriate services approved by the commissioner. See N.Y. Public Health Law 2541

  • electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See
  • electing employer: means a community college which elects to offer the optional retirement program as herein provided. See
  • Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Public Health Law 3302
  • Electronic prescription: means a prescription issued with an electronic signature and transmitted by electronic means in accordance with regulations of the commissioner and the commissioner of education and consistent with federal requirements. See N.Y. Public Health Law 3302
  • Electronic record: means a paperless record that is created, generated, transmitted, communicated, received or stored by means of electronic equipment and includes the preservation, retrieval, use and disposition in accordance with regulations of the commissioner and the commissioner of education and in compliance with federal law and regulations. See N.Y. Public Health Law 3302
  • Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, in accordance with regulations of the commissioner and the commissioner of education. See N.Y. Public Health Law 3302
  • Elevated lead levels: means a blood lead level greater than or equal to five micrograms of lead per deciliter of whole blood or such lower blood lead level as may be established by the department pursuant to rule or regulation. See N.Y. Public Health Law 1370
  • Eligible aggregate employment shares: means the amount, if any, by which the number of aggregate employment shares maintained by an eligible business in an eligible area in the taxable year in which such eligible business claims a credit pursuant to a local law enacted in accordance with section twenty-five-z of this article exceeds the number of aggregate employment shares maintained by an eligible business in an eligible area in the taxable year immediately preceding the taxable year during which such eligible business first relocates as defined in subdivision (j) of this section. See N.Y. General City Law 25-Y
  • Eligible aggregate employment shares: means (1) in the case of an eligible business, the amount, if any, of aggregate employment shares maintained by an eligible business in eligible premises in the eligible Lower Manhattan area in the taxable year in which such eligible business claims a credit pursuant to a local law enacted in accordance with section twenty-five-ee of this article. See N.Y. General City Law 25-DD
  • Eligible area: means an area of a city having a population of one million or more, excluding the area lying south of the center line of 96th Street, in the borough of Manhattan in the city of New York. See N.Y. General City Law 25-Y
  • Eligible business: means any person subject to a tax imposed under a local law enacted pursuant to part two or three of section one, or section two, of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six or a gross receipts tax imposed under a local law enacted pursuant to subdivision (a) of section twelve hundred one of the tax law that: (1) has been conducting substantial business operations at one or more business locations outside an eligible area for the twenty-four consecutive months immediately preceding the taxable year during which such eligible business relocates as defined in subdivision (j) of this section; and (2) on or after May twenty-seventh, nineteen hundred eighty-seven relocates as defined in subdivision (j) of this section all or part of such business operations; and (3) either (i) on or after May twenty-seventh, nineteen hundred eighty-seven first enters into a contract to purchase or lease the premises to which it relocates as defined in subdivision (j) of this section, or a parcel on which will be constructed such premises, or (ii) as of May twenty-seventh, nineteen hundred eighty-seven owns such parcel or premises and has not prior to such date made application for benefits pursuant to a local law enacted in accordance with title two-D of article four of the real property tax law. See N.Y. General City Law 25-Y
  • Eligible business: means any person subject to a tax imposed under a local law enacted pursuant to part two or three of section one, or section two, of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six or a gross receipts tax imposed under a local law enacted pursuant to subdivision (a) of section twelve hundred one of the tax law, that: (1) has been conducting substantial business operations at one or more business locations outside the city of New York for the twenty-four consecutive months immediately preceding the taxable year during which such eligible business relocates as defined in subdivision (j) of this section but has not maintained employment shares at premises in the city of New York at any time during the period beginning January first, two thousand two and ending on the date it enters into a lease or a contract to purchase the premises that will qualify as eligible premises pursuant to this article; and (2) on or after July first, two thousand three relocates as defined in subdivision (j) of this section all or part of such business operations. See N.Y. General City Law 25-DD
  • Eligible business facility: shall mean any type of business facility to be used or occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state, and includes, but is not limited to, industrial or manufacturing plants, facilities for research and development purposes, facilities for conducting wholesale, receiving and distributing operations, facilities for conducting office operations, warehousing operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. See N.Y. Public Authorities Law 1801
  • Eligible child: means an infant or toddler from birth through age two who has a disability; provided, however, that any toddler with a disability who has been determined to be eligible for program services under section forty-four hundred ten of the education law and:

    (i) who turns three years of age on or before the thirty-first day of August shall, if requested by the parent, be eligible to receive early intervention services contained in an IFSP until the first day of September of that calendar year; or

    (ii) who turns three years of age on or after the first day of September shall, if requested by the parent and if already receiving services pursuant to this title, be eligible to continue receiving such services until the second day of January of the following calendar year. See N.Y. Public Health Law 2541

  • eligible employees: means those employees in positions requiring the performance of educational functions in teacher education, agriculture, home economics, forestry, ceramics, liberal and applied arts and sciences, engineering, technical skills, crafts, business education, labor and industrial relations, medicine, dentistry, veterinary medicine, pharmacy, nursing, law, public affairs, maritime officer training, academic administration, library service, student activities, student personnel service and other professions required to carry on the work of the state university and the colleges, schools, institutes, research centers, facilities and institutions comprising it and of the community colleges. See
  • eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or any other medical condition that requires immediate access to a toilet facility. See N.Y. General Business Law 491
  • Eligible premises: means : (1) nonresidential premises which are wholly contained in real property which is certified as eligible to receive benefits pursuant to a local law enacted in accordance with title two-C or title two-D of article four of the real property tax law, provided that such premises have been improved by construction or renovation, that expenditures have been made for improvements to such real property in excess of fifty per centum or, in the case of industrial property, in excess of twenty-five per centum, of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventy-two months from such commencement and, provided further, that such real property is located in an eligible area;

    (2) nonresidential premises which are: (i) wholly contained in or situated on real property which has been leased from an industrial development agency established pursuant to article eighteen-A of the general municipal law, provided that such premises were constructed or renovated subsequent to the approval of such construction or renovation

    by such agency, or (ii) wholly contained in or situated on real property owned by a city having a population of one million or more, a lease for which was approved in accordance with the applicable provisions of the charter of such city, provided that such premises were constructed or renovated subsequent to such approval, or (iii) wholly contained in or situated on real property which has been leased from the port authority of the state of New York and New Jersey or the New York state urban development corporation, or a subsidiary thereof, provided that such premises were constructed or renovated subsequent to the execution of such lease, or (iv) wholly contained in property which would be eligible to receive benefits pursuant to a local law enacted in accordance with title two-D of article four of the real property tax law except that such property is exempt from real property taxation; provided that expenditures have been made for improvements to such real property in excess of fifty per centum or, in the case of industrial property, in excess of twenty-five per centum, of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventy-two months from the date of such commencement, and provided further that such real property is located in an eligible area; or

    (3) in the case of a relocation, the date of which, as determined in subdivision (j) of this section, is on or after July first, two thousand three, nonresidential premises, located in an eligible area, for which a minimum expenditure has been made on or after July first, two thousand three, for improvements in excess of twenty-five dollars per square foot, provided, however, that if such premises are leased, such lease shall have a term that does not expire until at least three years after the later of the date of such relocation and the lease commencement date. See N.Y. General City Law 25-Y

  • Eligible premises: means : (1) nonresidential premises which are wholly contained in real property which is certified as eligible to receive benefits pursuant to a local law enacted in accordance with title two-C or title two-D of article four of the real property tax law, provided that such premises have been improved by construction or renovation, that expenditures have been made after June thirtieth, two thousand three, or in the case of a relocation by a special eligible business, after June thirtieth, two thousand five, for improvements to such real property in excess of fifty per centum or, in the case of industrial property, in excess of twenty-five per centum, of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventy-two months from such commencement and, provided further, that such real property is located in the eligible Lower Manhattan area, and provided further, that in the case of a special eligible business, a lease or contract to purchase such premises is first entered into by the special eligible business after June thirtieth, two thousand five;

    (2) nonresidential premises which are: (i) wholly contained in or situated on real property which has been leased from an industrial development agency established pursuant to article eighteen-A of the

    general municipal law, provided that such premises were constructed or renovated subsequent to the approval of such construction or renovation by such agency, or (ii) wholly contained in or situated on real property owned by a city having a population of one million or more, a lease for which was approved in accordance with the applicable provisions of the charter of such city, provided that such premises were constructed or renovated subsequent to such approval, or (iii) wholly contained in or situated on real property which has been leased from the port authority of the state of New York and New Jersey or the New York state urban development corporation, or a subsidiary thereof, provided that such premises were constructed or renovated subsequent to the execution of such lease, or (iv) wholly contained in property which would be eligible to receive benefits pursuant to a local law enacted in accordance with title two-D of article four of the real property tax law except that such property is exempt from real property taxation; provided that expenditures have been made after June thirtieth, two thousand three, or in the case of a relocation by a special eligible business, after June thirtieth, two thousand five, for improvements to such real property in excess of fifty per centum or, in the case of industrial property, in excess of twenty-five per centum, of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced and such expenditures have been made within thirty-six months or, in the case of expenditures for such improvements to such real property in excess of fifty million dollars within seventy-two months from the date of such commencement, and provided further that such real property is located in the eligible Lower Manhattan area, and provided further, that in the case of a special eligible business, a lease or contract to purchase such premises is first entered into by the special eligible business after June thirtieth, two thousand five; or

    (3) in the case of an eligible business, nonresidential premises which are located in the eligible Lower Manhattan area, for which a lease or a contract to purchase is first entered into by an eligible business on or after July first, two thousand three and for which a minimum expenditure has been made on or after such date, for improvements in excess of twenty-five dollars per square foot, or in the case of a special eligible business, non-residential premises that are located in the eligible Lower Manhattan area for which a lease or a contract to purchase is first entered into by the eligible business after June thirtieth, two thousand five, and for which a minimum expenditure has been made after such date for improvements in excess of twenty-five dollars per square foot, provided, however, that, in either case, if such premises are leased, such lease shall have a term that does not expire until at least three years after the later of the date of relocation and the lease commencement date. See N.Y. General City Law 25-DD

  • Embalmer: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Embalming: means preparing, disinfecting and preserving, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
  • Embalming fluid: means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
  • 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
  • Empire state plaza: shall mean the Governor Nelson A. See
  • Empire zone: shall mean an area within the state that has been designated as an empire zone pursuant to this article and:

    (i) all empire zones designated under paragraph (i) of subdivision (a) and subdivision (d) of section nine hundred fifty-eight of this article shall be referred to as "investment zones" and shall be wholly contained within up to three distinct and separate contiguous areas; provided, however, that empire zones designated prior to the enactment of this paragraph shall identify up to three distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation by January first, two thousand six. See N.Y. General Municipal Law 957

  • employee: means a person employed by the state university, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See
  • Employee: shall mean any individual who is eighteen years of age or older, who is employed by an employer, and who earned wages working for an employer in New York state during a calendar year. See N.Y. General Business Law 1300
  • employer: means the state university of New York, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See
  • Employer: shall mean a person or entity engaged in a business, industry, profession, trade, or other enterprise in New York state, whether for profit or not for profit, that has not offered a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Internal Revenue Code of 1986 in the preceding two years. See N.Y. General Business Law 1300
  • employing or master plumber: shall mean a person having a regular place of business and who, by himself or journeymen plumbers in his employ, performs plumbing work. See N.Y. General City Law 40
  • Endorsement contract: means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance. See N.Y. General Business Law 899-A
  • Enhanced assisted living certificate: means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by either admitting or retaining residents who desire to age in place and who: (a) are chronically chairfast and unable to transfer, or chronically require the physical assistance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermittent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. See N.Y. Public Health Law 4651*2
  • Enriched housing program: means an enriched housing program, as defined in subdivision twenty-eight of section two of the social services law. See N.Y. Public Health Law 4651*2
  • Enrollee: shall mean any employee who is enrolled in the program. See N.Y. General Business Law 1300
  • entire board: means the total number of directors which a corporation would have if there were no vacancies. See
  • Entombment: means the placement of a pet in a grave or tomb. See N.Y. General Business Law 750-A
  • Environmental justice area: shall mean a minority or low-income community that may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. See N.Y. Public Authorities Law 1901
  • Equipment: means vehicles and machinery and the accessories and parts thereto which are designed to be used for farm and agricultural purposes, lawn, garden, golf course, landscaping or grounds and maintenance/utility activities, provided however that self-propelled vehicles primarily for the transportation of persons or property on a street or highway are specifically excluded. See N.Y. General Business Law 696-A
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow agent: means a person, other than a seller, who holds a buyer's down payment deposit pursuant to the provisions of a contract. See N.Y. General Business Law 778
  • esthetics: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology. See N.Y. General Business Law 400
  • Evaluation: means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel and conducted pursuant to section twenty-five hundred forty-four of this title to determine a child's eligibility under this title. See N.Y. Public Health Law 2541
  • Evaluator: means a team of two or more professionals approved pursuant to section twenty-five hundred fifty-one of this title to conduct screenings and evaluations. See N.Y. Public Health Law 2541
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means an operation for the purpose of movement or removal of earth, rock or other materials in or on the ground by use of mechanized equipment or by blasting, and includes, but is not limited to, auguring, backfilling, drilling, grading, plowing in, pulling in, trenching and tunneling; provided, however, that the movement of earth by tools manipulated only by human or animal power and the tilling of soil for agricultural purposes shall not be deemed excavation. See N.Y. General Business Law 760
  • Excavator: means a person who is engaged in a trade or business which includes the carrying out of excavation or demolition; provided, however, that an individual employed by an excavator, and having no supervisory authority, other than the routine direction of employees, over an excavation or demolition, shall not be deemed an excavator for the purposes of this article. See N.Y. General Business Law 760
  • Excess shares: shall mean eligible aggregate employment shares that are apportioned pursuant to paragraph one of this subdivision to a relocation in excess of the limitation amount defined in subparagraphs (i) and (ii) of this paragraph for such relocation. See N.Y. General City Law 25-Y
  • Existing sewer system: shall mean all sewers, including, without limitation, trunk, intercepting, connecting, lateral and other sewers, storm water drains, pumping stations, disposal or treatment plants or works, structures, appliances, equipment and other adjuncts thereto, comprising the portion of the system of sewerage owned by any participating county or municipality within a participating county, as delineated on a map filed by the governing body of such county or municipality with the secretary of the state of New York pursuant to this title. See N.Y. Public Authorities Law 2702
  • Fabric: means any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute therefor which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
  • facility: shall mean any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for or is incidental to the collecting, receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom including, but not limited to, recycling centers, transfer stations, shredding or baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, leachate treatment facilities, plants and facilities for compacting, composting or pyrolization of solid wastes, secure land burial facilities, landspreading facilities, surface impoundments and waste oil storage, reprocessing and rerefining facilities, incinerators and other solid waste disposal, reduction or conversion facilities, and "resource recovery equipment" and "disposal equipment" as such terms are defined in subdivisions four and five of section 51-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2049-B
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Farm dressed meat: means meat from animals slaughtered by a bona fide farmer who, as an incident of such farm operation, slaughters his own domestic animals on his own premises exclusively for use, in his household, by him and members of his household and his non-paying guests and employees. See N.Y. Agriculture and Markets Law 96-G
  • Farm equipment: means any self propelled farm equipment and implements of husbandry and the accessories and parts included in the sale or lease of same designed and manufactured primarily to be used for agricultural purposes and for the United States market or in compliance with the laws and standards of the United States for which the purchase or lease price for each piece of farm equipment exceeds one thousand five hundred dollars and which is being transferred for the first time from a manufacturer, distributor or new farm machinery dealer and has not been registered or titled in this state or any other state. See N.Y. General Business Law 697
  • Federal agency: shall mean the United States of America, and any officer, department, board, commissioner, bureau, division, corporation, agency or instrumentality thereof. See N.Y. Public Authorities Law 1801
  • Federal agency: means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. See N.Y. Public Health Law 3302
  • Federal controlled substances act: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act

    or acts amendatory or supplemental thereto or regulations promulgated thereunder. See N.Y. Public Health Law 3302

  • Federal inspection: means the meat inspection maintained by the United States department of agriculture. See N.Y. Agriculture and Markets Law 96-G
  • Federal law: means the federal meat inspection act and all acts amendatory thereof and supplementary thereto. See N.Y. Agriculture and Markets Law 96-G
  • Federal registration number: means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. See N.Y. Public Health Law 3302
  • 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.
  • Film: means any videotape, video cassette or other reproduction of a motion picture, concert, musical production or other video event. See N.Y. General Business Law 611
  • Final plat: means a drawing prepared in a manner prescribed by local regulation, that shows a proposed subdivision, containing in such additional detail as shall be provided by local regulation all information required to be shown on a preliminary plat and the modifications, if any, required by the planning board at the time of approval of the preliminary plat if such preliminary plat has been so approved. See N.Y. General City Law 32
  • 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
  • Fine art: means a painting, sculpture, drawing, or work of graphic art, and print, but not multiples. See
  • 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
  • foreign dairy product: means any dairy product produced, processed or manufactured outside the United States. See N.Y. Agriculture and Markets Law 71-U
  • Form of medical marihuana: means characteristics of the medical marihuana recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient. See N.Y. Public Health Law 3360
  • Friction Surface: shall mean any painted surface that touches or is in contact with another surface, such that the two surfaces are capable of relative motion and abrade, scrape, or bind when in relative motion. See N.Y. New York City Administrative Code 27-2056.2
  • Fund: means the New York state medical indemnity fund. See N.Y. Public Health Law 2999-H
  • Funeral directing: means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise. See N.Y. Public Health Law 3400
  • Funeral director: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Funeral establishment: means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. See N.Y. Public Health Law 3400
  • Funeral firm: means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing. See N.Y. Public Health Law 3400
  • game: shall mean and include a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. General Municipal Law 476
  • Game or wild game: means any deer or big game, or portions thereof, as defined in section 11-0103 of the environmental conservation law, taken by lawful hunting. See N.Y. Agriculture and Markets Law 71-Y
  • Governing body: shall mean the members of the authority constituting and acting as the governing body of the authority. See N.Y. Public Authorities Law 2049-B
  • 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
  • Grade three violation: means possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a specified illegal drug or possession of eight pounds or more or seventy-five plants or more, but less than sixteen pounds or one hundred plants, or distribution of more than five pounds but less than ten pounds of marijuana. See N.Y. General Obligations Law 12-102
  • Grade two violation: means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of an illegal drug other than marijuana, or possession of four pounds or more or fifty plants or distribution of more than one pound but less than ten pounds of marijuana. See N.Y. General Obligations Law 12-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • Habitual user: means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. See N.Y. Public Health Law 3302
  • Health club: as used in this article means any person, firm, corporation, partnership, unincorporated association, or other business enterprise offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. See N.Y. General Business Law 621
  • health officer: as used in this article shall mean a county health officer, a city health officer, a town health officer, a village health officer, the health officer of a consolidated health district or a state district health officer. See N.Y. Public Health Law 2304
  • Health services purveyor: means any person, firm, partnership, group, association, corporation or professional corporation, or any agent, employee, fiduciary, employer or representative thereof, including but not limited to a physician, dentist, podiatrist or chiropractor, either in individual practice, group practice or employed in a facility owned by any person, group, association, firm, partnership or corporation hiring any of the aforementioned practitioners, who provide health or health related services. See N.Y. Public Health Law 585
  • Hearing aid: means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories but excluding batteries and cords or accessories thereto. See N.Y. General Business Law 789
  • Hearing aid dispenser: means any person twenty-one years of age or older or an audiologist licensed under article one hundred fifty-nine of the education law who is engaged in the dispensing of hearing aids who is registered and dispensing hearing aids in accordance with this article. See N.Y. General Business Law 789
  • 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.
  • Highway: shall include necessary sluices, drains, ditches, waterways, embankments, retaining walls, bridges on such highway and under the jurisdiction and control of the town and culverts, and the approaches of any such bridge or culvert beginning at the back of the abutments. See N.Y. Highway Law 219
  • home: means any single family house or for-sale unit in a multi-unit residential structure of five stories or less in which title to the individual units is transferred to owners under a condominium or cooperative regime. See N.Y. General Business Law 777
  • Home: means an existing, previously occupied one or two-family dwelling intended to be used primarily as a residence, or a residential unit in a multi-unit structure in which title or shares of stock are transferred to buyers under a condominium or cooperative regime. See N.Y. General Business Law 778
  • Home: means a new one or two family dwelling intended to be used primarily as a residence. See N.Y. General Business Law 780
  • Home care services: means the services defined in subdivision one of section three thousand six hundred two of this chapter, as provided by a home care services agency which has been approved to operate pursuant to article thirty-six of this chapter. See N.Y. Public Health Law 4651*2
  • Home improvement: means the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property and shall include, but not be limited to, the construction, erection, replacement, or improvement of driveways, swimming pools, siding, insulation, roofing, windows, terraces, patios, landscaping, fences, porches, garages, solar energy systems, flooring, basements, and other improvements of the residential property and all structures or land adjacent to it. See N.Y. General Business Law 770
  • Home improvement contract: means an agreement for the performance of home improvement, between a home improvement contractor and an owner, and where the aggregate contract price specified in one or more home improvement contracts, including all labor, services and materials to be furnished by the home improvement contractor, exceeds five hundred dollars. See N.Y. General Business Law 770
  • Home improvement contractor: means a person, firm or corporation which owns or operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement for a fee and for whom the total cash price of all of his home improvement contracts with all his customers exceeds one thousand five hundred dollars during any period of twelve consecutive months. See N.Y. General Business Law 770
  • Home improvement goods or services: means goods and services which are bought in connection with home improvement. See N.Y. General Business Law 770
  • horse: means the entire family of equidae. See N.Y. Agriculture and Markets Law 90-B
  • hotel: includes an apartment hotel, a motel, boarding house or club, whether or not meals are served. See N.Y. General City Law 25-S
  • Hotel services: means any services which consist predominantly of the lodging of guests at a building or a portion thereof which is regularly used and kept open for such services. See N.Y. General City Law 25-Y
  • Hotel services: means any services which consist predominately of the lodging of guests at a building or a portion thereof which is regularly used and kept open for such services. See N.Y. General City Law 25-DD
  • Hudson river valley: means the Hudson river and adjacent areas between the Adirondack Mountains and the tip of Manhattan Island in the city of New York. See
  • Human resource development: shall mean job preparation and placement, skills training and education for zone residents and employees of zone businesses, child and family care services and facilities, and activities to improve the health benefits and other benefits provided by zone businesses to their employees. See N.Y. General Municipal Law 957
  • IFSP: means the individualized family service plan adopted in accordance with section twenty-five hundred forty-five of this title. See N.Y. Public Health Law 2541
  • Illegal drug: means any controlled substance or marijuana the possession of which is an offense under the public health law or the penal law. See N.Y. General Obligations Law 12-102
  • Immigration authority: means any entity, officer, employee, or government employee or agent thereof charged with or engaged in enforcement of the federal Immigration and Nationality Act, including the United States Immigration and Customs Enforcement or United States Customs and Border Protection, or any successor legislation or entity. See N.Y. Public Health Law 2180
  • 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.
  • Individual burial: means the interment of a single pet's remains in a separate grave. See N.Y. General Business Law 750-A
  • Initial seller: means the seller who manufactured, modified, rebuilt, remanufactured, improved, reconditioned or recycled the part or who first sold the part. See N.Y. General Business Law 616
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspection legend: means a mark or a statement authorized by the provisions of the federal law, on a carcass, meat, meat by-product, or meat food product indicating the product has been inspected and passed. See N.Y. Agriculture and Markets Law 96-G
  • Institute: means the Institute for the Hudson River Collection created by this article. See
  • Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
  • insurer: shall mean a life insurance corporation, or other corporation subject to department of financial services supervision. See
  • insurer: means a life insurance corporation or other corporation subject to department of financial services supervision. See
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association which promotes or regulates such sport and is recognized by the educational institution that said student-athlete attends. See N.Y. General Business Law 899-A
  • Interest: means that part of the entire amount agreed to be paid for the purchase made or loan advanced which exceeds the aggregate of the cash value of such purchases or loans and is deemed to include service charges, time-price charges and per check charges. See N.Y. General Business Law 717
  • Interest: means a direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. See N.Y. General Municipal Law 800
  • Internal Revenue Code: shall mean the Internal Revenue Code of 1986, or any successor law, in effect for the calendar year. See N.Y. General Business Law 1300
  • Intestate: Dying without leaving a will.
  • Inurnment: means the placement of pet cremains in a grave, urn or tomb. See N.Y. General Business Law 750-A
  • IRA: shall mean a Roth IRA (individual retirement account). See N.Y. General Business Law 1300
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Labor peace agreement: means an agreement between an entity and a labor organization that, at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the registered organization's business. See N.Y. Public Health Law 3360
  • Laboratory test registrant: means a person, partnership, corporation, or other entity holding a valid certificate of registration to perform one or more waived tests or provider-performed microscopy procedures pursuant to section five hundred seventy-nine of this title. See N.Y. Public Health Law 571
  • Land used in agricultural production: means such lands as defined in subdivision four of section three hundred one of the agriculture and markets law. See N.Y. General Business Law 750-A
  • Laser: means light amplification by simulated emission of radiation. See N.Y. General Business Law 481
  • Law enforcement agent or entity: means any governmental entity or public servant, or agent, contractor or employee thereof, authorized to investigate, prosecute, or make an arrest for a criminal or civil offense, or engaged in any such activity, but shall not mean the department, the commissioner, a health district, a county department of health, a county health commissioner, a local board of health, a local health officer, the department of health and mental hygiene of the city of New York, or the commissioner of the department of health and mental hygiene of the city of New York. See N.Y. Public Health Law 2180
  • Lawful purposes: shall mean one or more of the following causes, deeds or activities:

    (a) Those which shall benefit needy or deserving persons indefinite in number by enhancing their opportunity for religious or educational advancement, by relieving them from disease, suffering or distress, or by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their governments;

    (b) Those which shall initiate, perform or foster worthy public works or shall enable or further the erection or maintenance of public structures;

    (c) Those which shall initiate, perform or foster the provisions of services to veterans by encouraging the gathering of such veterans and shall enable or further the erection or maintenance of facilities for use by such veterans which shall be used primarily for charitable or patriotic purposes, or those purposes which shall be authorized by a bona fide organization of veterans, provided however that such proceeds are disbursed in accordance with the rules and regulations of the state gaming commission. See N.Y. General Municipal Law 476

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead agency: means the department of health, the public agency responsible for the administration of the early intervention system in collaboration with the state early intervention service agencies. See N.Y. Public Health Law 2541
  • Lead-based paint: means paint or other similar surface coating material containing 1. See N.Y. New York City Administrative Code 27-2056.2
  • Lead-based paint hazard: shall mean any condition in a dwelling or dwelling unit that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. See N.Y. New York City Administrative Code 27-2056.2
  • Lead-contaminated dust: shall mean dust containing lead at a mass per area concentration of 10 or more micrograms per square foot on a floor, 50 or more micrograms per square foot on window sills, and 100 or more micrograms per square foot on window wells, or such more stringent standards as may be adopted by rule of the department of health and mental hygiene, provided that, if the federal environmental protection agency or a successor agency, or the federal department of housing and urban development or a successor agency, adopts lower definitions of lead-contaminated dust, the board of health shall define

    in the health code such lower levels for the purposes of this subchapter. See N.Y. New York City Administrative Code 27-2056.2

  • Lead-contaminated dust clearance test: shall mean a test for lead-contaminated dust on floors, window wells, and window sills in a dwelling, that is made in accordance with section 27-2056. See N.Y. New York City Administrative Code 27-2056.2
  • Lease: shall mean the lease, dated December twenty-third, nineteen hundred sixty-nine, as heretofore or hereafter amended, among the city of New York, the New York state urban development corporation and the Roosevelt Island development corporation, pursuant to which the city leased substantially all of Roosevelt Island to the New York state urban development corporation for development substantially in accordance with the development plan referred to therein;

    7. See N.Y. Public Authorities Law 2799-BBBB

  • Lease price: means the aggregate of: (a) the lessor's actual purchase cost; (b) the freight cost, if applicable; (c) the cost for accessories, if applicable; (d) any fee paid to another to obtain the lease; and (e) an amount equal to five percent of the lessor's actual purchase cost as prescribed in paragraph (a) of this subdivision. See N.Y. General Business Law 697
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative body: means the local legislative body empowered to adopt and amend local laws or ordinances. See N.Y. General Municipal Law 980
  • Lessee: means any consumer who leases farm equipment pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such farm equipment. See N.Y. General Business Law 697
  • lettuce: means iceberg type lettuce. See N.Y. Agriculture and Markets Law 160-P
  • License: means a license granted and issued by the department under this article to practice radiography, radiation therapy technology or nuclear medicine technology. See N.Y. Public Health Law 3501
  • License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
  • Licensed pharmacist: means a person licensed to practice pharmacy pursuant to article one hundred thirty-seven of this title. See
  • Licensed practitioner: means a person licensed or otherwise authorized under the education law to practice medicine, dentistry, podiatry, or chiropractic. See N.Y. Public Health Law 3501
  • Licensee: means a person licensed pursuant to this article to engage in the practice of natural hair styling, esthetics, nail specialty or cosmetology, or to operate an appearance enhancement business in which such practice, as herein defined, is provided to the public. See N.Y. General Business Law 400
  • licensee: means a coin processor that has been issued a license in accordance with the provisions of this article. See N.Y. General Business Law 419
  • Licensee: means a person permitted to engage in the practice of barbering pursuant to this article. See N.Y. General Business Law 431
  • Licensee: means a person as herein defined licensed to engage in the business of operating a pet cemetery or pet crematorium under this article. See N.Y. General Business Law 750-A
  • limitation amount: shall mean :

    (A) for one or more relocations in an eligible business' latest year of relocation as determined pursuant to subdivision (j) of this section, the amount, if any, by which the number of aggregate employment shares maintained by the eligible business in the eligible area in the taxable year in which it is claiming the credit authorized by this article exceeds the number of aggregate employment shares maintained by it in the eligible area in the taxable year immediately preceding such year of relocation; or

    (B) for one or more relocations in a specified year of relocation that is not the latest such year of relocation by an eligible business, the amount, if any, by which the number of aggregate employment shares maintained by the eligible business in the eligible area in the taxable year in which it is claiming the credit authorized by this article exceeds the sum of (I) the number of total attributed eligible aggregate employment shares that are attributed in the taxable year in which the credit is claimed to relocations that took place in years of relocation later than the specified year of relocation and (II) the number of aggregate employment shares maintained by it in the eligible area in the taxable year immediately preceding such specified year of relocation. See N.Y. General City Law 25-Y

  • Limited edition: means works of art produced from a master, all of which are the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples, or are otherwise held out as limited to a maximum number of multiples. See
  • Limited period bingo: shall mean the conduct of bingo by a licensed authorized organization, for a period of not more than seven of twelve consecutive days in any one year, at a festival, bazaar, carnival or similar function conducted by such licensed authorized organization. See N.Y. General Municipal Law 476
  • Lineal descendant: Direct descendant of the same ancestors.
  • Loan: shall mean (i) a mortgage loan evidenced by a bond, note or other obligation of a local development corporation secured by a mortgage on a project, defined in subdivision fourteen (i) and (ii) of this section, made by a local development corporation, a project occupant or other person, firm or corporation; (ii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a loan agreement, contract or such other instrument deemed necessary or

    convenient on a project defined in subdivision fourteen (iii) of this section; (iii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a security interest in machinery and equipment as provided in section eighteen hundred fourteen; and (iv) an employee ownership assistance loan made pursuant to paragraph (v) of subdivision fourteen of this section. See N.Y. Public Authorities Law 1801

  • Loan guarantee: shall mean the guaranteeing by the authority of a loan made by a banking organization on a project as defined in subdivision fourteen of this section. See N.Y. Public Authorities Law 1801
  • Local development corporation: shall mean a non-profit corporation incorporated or reincorporated under the laws of this state, regardless of its particular name, which shall meet the additional requirements of section eighteen hundred twenty-five of this title. See N.Y. Public Authorities Law 1801
  • Local empire zone administrative board: shall mean the entity designated by the applicant that is responsible for recommending business enterprises for certification pursuant to paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article and for monitoring, evaluating and coordinating all empire zone benefits on behalf of the applicant. See N.Y. General Municipal Law 957
  • Local government: means a county, town, city or village. See N.Y. General Business Law 760
  • local sponsor: means any city, county, intermediate school district, or school district approved by the board, sponsoring or participating in the establishment or operation of a community college. See
  • Lower Manhattan base shares: means the number of aggregate employment shares maintained by the special eligible business in the eligible Lower Manhattan area in the year prior to the year of relocation. See N.Y. General City Law 25-DD
  • Majority leader: see Floor Leaders
  • Management plan: shall mean the management plan prepared pursuant to section 35. See N.Y. Public Authorities Law 2631
  • Manufacture: means "making" or "made" and includes converting, processing, altering, repairing, finishing, or preparing for sale any product, fabric or related material. See N.Y. General Business Law 500
  • Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:

    (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

    (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

    (c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302

  • Manufacturer: means any person who makes, fabricates, constructs, or assembles a mobile home. See N.Y. General Business Law 721
  • Manufacturing plant: shall include a plant used in connection with making, creating,

    working,

    preparing,

    processing,

    milling, manufacturing, finishing, fashioning, fabricating, or producing in any manner, goods, wares, merchandise, metals, fabrics, materials, products or substances of any kind or nature. See N.Y. Public Authorities Law 1801

  • Marihuana: means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. See N.Y. Public Health Law 3302
  • Mass burial: means the interment of pet remains communally in a grave containing more than one pet. See N.Y. General Business Law 750-A
  • Master: when used alone is used in lieu of and means the same as such things as printing plate, stone, block, screen, photographic negative or other like material which contains an image used to produce visual art objects in multiples, or in the case of sculptures, a mold, model, cast, form or other prototype, other than from glass, which additional multiples of sculpture are produced, fabricated or carved. See
  • Material supplier: means any person, firm, partnership, corporation, company, association, or other organization or entity, or any combination thereof, which is party to a contract with an owner, contractor or subcontractor, for the provision of construction materials and/or equipment necessary to the completion of a construction contract. See N.Y. General Business Law 756
  • Mayor: means the mayor of the city. See N.Y. Public Authorities Law 2799-BB
  • Meat: means the edible part of the muscle of cattle, swine, sheep, goats, horses and other large domesticated animals which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See N.Y. Agriculture and Markets Law 96-G
  • Meat by-product: means any edible part other than meat which has been derived from cattle, swine, sheep, goats, horses and other large domesticated animals. See N.Y. Agriculture and Markets Law 96-G
  • Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any animal, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See N.Y. Agriculture and Markets Law 96-G
  • Meat label: means a display of written, printed, or graphic matter authorized by the provisions of the federal law on a container indicating the meat, meat by-products, or meat food products contained therein have been inspected and passed. See N.Y. Agriculture and Markets Law 96-G
  • Medical marihuana: means marihuana as defined in subdivision twenty-one of section thirty-three hundred two of this article, intended for a certified medical use, as determined by the commissioner in his or her sole discretion. See N.Y. Public Health Law 3360
  • Medical service: means such diagnostic, therapeutic, and rehabilitative care by medical and paramedical personnel, including hospital and related care, and drugs, prostheses, appliances, equipment and devices as necessary. See N.Y. Public Health Law 2581
  • Minority leader: See Floor Leaders
  • Mixed martial arts: means a combative sport wherein the rules of engagement do not limit the participants to a single, systematic, fighting discipline. See N.Y. General Business Law 1000
  • Mobile home: means a moveable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living. See N.Y. General Business Law 721
  • Monitoring: means an ability of the assisted living provider to respond to urgent or emergency needs or requests for assistance with appropriate staff, at any hour of any day or night of the week. See N.Y. Public Health Law 4651*2
  • mortgage: shall include housing loans as defined below. See N.Y. Public Authorities Law 2402
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law which is used primarily for personal, family or household purposes. See N.Y. General Business Law 616
  • multiples: means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. See
  • Municipal officer or employee: means an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. See N.Y. General Municipal Law 800
  • Municipal theme district: shall mean a geographic area designated by a county, city, town or village, pursuant to section nine hundred ninety-d of this article, to be a theme district for the purpose of promoting, advancing or coordinating an approved theme pursuant to section nine hundred ninety-c of this article. See N.Y. General Municipal Law 990-B
  • Municipality: shall mean any county, city, town or village in the state. See N.Y. Public Authorities Law 1801
  • Municipality: means a town, city, county, or village or any designated public agency thereof, or any two or more of the foregoing which are acting jointly in connection with a solid waste management facility, or a public authority. See N.Y. Public Health Law 1380
  • Municipality: shall mean any city, town or village within this state. See N.Y. General Municipal Law 476
  • Municipality: means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York. See N.Y. Public Health Law 2541
  • Municipality: means a county, city, town, village, school district, consolidated health district, county vocational education and extension board, public library, board of cooperative educational services, urban renewal agency, a joint water works system established pursuant to chapter six hundred fifty-four of the laws of nineteen hundred twenty-seven, or a town or county improvement district, district corporation, or other district or a joint service established for the purpose of carrying on, performing or financing one or more improvements or services intended to benefit the health, welfare, safety or convenience of the inhabitants of such governmental units or to benefit the real property within such units, an industrial development agency but shall have no application to a city having a population of one million or more or to a county, school district, or other public agency or facility therein. See N.Y. General Municipal Law 800
  • Municipality: means any town, village or city. See N.Y. General Business Law 780
  • Municipality: means a city, town or village within the state of New York. See N.Y. General Municipal Law 980
  • Municipality: shall mean a county, city, town or village or political subdivision. See N.Y. Public Authorities Law 1901
  • Municipality: shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency or public corporation of the state, any such instrumentality created under the Nassau county civil divisions act, or any of the foregoing, or any combination thereof. See N.Y. Public Authorities Law 2049-B
  • Municipality: shall mean the cities of Troy, Cohoes and Watervliet, the town of Waterford and the villages of Green Island and Waterford. See N.Y. Public Authorities Law 2631
  • Municipality: shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency, authority or public corporation of the state, or any of the foregoing, or any combination thereof. See N.Y. Public Authorities Law 2702
  • nail specialty: means providing services for a fee or any consideration or exchange to cut, shape or to enhance the appearance of the nails of the hands or feet. See N.Y. General Business Law 400
  • natural hair styling: means providing for a fee, or any consideration or exchange, whether direct or indirect, any of the following services to the hair of a human being: shampooing, arranging, dressing, twisting, wrapping, weaving, extending, locking or braiding the hair or beard by either hand or mechanical appliances. See N.Y. General Business Law 400
  • Net proceeds: shall mean (a) in relation to the gross receipts from one or more occasions of bingo, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, stated rental if any, bookkeeping or accounting services according to a schedule of compensation prescribed by the commission, janitorial services and utility supplies if any, license fees, and the cost of bus transportation, if authorized by the control commission, and (b) in relation to the gross rent received by an organization licensed to conduct bingo for the use of its

    premises by another licensee, the amount that shall remain after deducting the reasonable sums necessarily and actually expended for janitorial services and utility supplies directly attributable thereto if any. See N.Y. General Municipal Law 476

  • New York city base shares: means the number of aggregate employment shares maintained by the special eligible business in the city of New York in the year prior to the year of relocation. See N.Y. General City Law 25-DD
  • 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.
  • Nonconformity: means any condition of the farm machinery that substantially impairs the value or safety of such equipment, or its use for the purpose for which it was intended. See N.Y. General Business Law 697
  • noxious weeds: means any living stage (including but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in this state, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation. See N.Y. Agriculture and Markets Law 161
  • Nuclear medicine technology: means the use of radiopharmaceuticals administered to human beings for diagnostic or therapeutic purposes under the supervision of a physician authorized by a radioactive materials license. See N.Y. Public Health Law 3501
  • nursery: means the grounds and premises, private or public, on or in which nursery stock is propagated, grown or cultivated for the purpose of distribution or selling the same as a business and shall include grounds or premises owned, leased or managed by the state or any agency of the state government, and the owner or operator of such business shall be a "nursery grower"; provided, however, that the term "nursery grower" shall not include persons engaged in the part-time production of plant products not sold in the regular channels of business. See N.Y. Agriculture and Markets Law 161
  • Nursing home: means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight of this chapter. See N.Y. Public Health Law 2895-A
  • Nursing home administrator: means an individual who is charged with and has responsibility for the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals. See N.Y. Public Health Law 2895-A
  • Obligor: means a person who executes a bail bond on behalf of a principal and thereby assumes the undertaking described therein. See N.Y. Criminal Procedure Law 500.10
  • Obligor: means a natural person. See N.Y. General Business Law 717
  • 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
  • official backtag: means a unique device which, when affixed to cattle, deer, swine or camelid, identifies and distinguishes such animals. See N.Y. Agriculture and Markets Law 90-B
  • On consignment: means that no title to, estate in, or right to possession of, the work of fine art or multiple that is superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer or convey all the right, title and interest of the consignor, in and to such work, to a third person. See
  • One-call notification system: means an organization among whose purposes is establishing and carrying out procedures and programs to protect underground facilities from damage due to excavation and demolition including, but not limited to, receiving notices of intent to perform excavation and demolition, and transmitting the notices to one or more of its member operators of underground facilities in the specified area. See N.Y. General Business Law 760
  • operator: means a person, persons or an entity which has obtained the written approval of the department to operate an assisted living residence in accordance with this article. See N.Y. Public Health Law 4651*2
  • Operator: means a person who operates an underground facility or facilities to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or telegraph communications, cable television, sewage removal, traffic control systems, or water. See N.Y. General Business Law 760
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See N.Y. Public Health Law 3302
  • Opium poppy: means the plant of the species Papaver somniferum L. See N.Y. Public Health Law 3302
  • optional retirement program: means the retirement program established pursuant to this article. See
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Otolaryngologist: means a physician licensed under article one hundred thirty-one of the education law, who practices that branch of medicine which treats diseases of the ear, nose and throat. See N.Y. General Business Law 789
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Outsourcing facility: means a facility that:

    (a) is engaged in the compounding of sterile drugs as defined in section sixty-eight hundred two of the education law;

    (b) is currently registered as an outsourcing facility pursuant to article one hundred thirty-seven of the education law; and

    (c) complies with all applicable requirements of federal and state law, including the Federal Food, Drug and Cosmetic Act. See N.Y. Public Health Law 3302

  • Owner: means any person, firm, partnership, corporation, company, association or other organization or other entity, or a combination of any thereof, (with an ownership interest, whether the interest or estate is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee) that causes a building, structure or improvement, new or existing, to be constructed, altered, repaired, maintained, moved or demolished or that causes land to be excavated or otherwise developed or improved. See N.Y. General Business Law 756
  • Owner: means any homeowner, co-operative shareholder owner, or residential tenant, or any person who purchases a custom home as defined in this section. See N.Y. General Business Law 770
  • Owner: means the first person to whom the home is sold and, during the unexpired portion of the warranty period, each successor in title to the home and any mortgagee in possession. See N.Y. General Business Law 777
  • Owner: means owner of record. See N.Y. General Municipal Law 980
  • Parent: means parent or person in parental relation to the child. See N.Y. Public Health Law 2541
  • Part: means any equipment or apparatus intended for use in a motor vehicle, including but not limited to a new part; a part which has been removed

    from another motor vehicle and modified, rebuilt, remanufactured, improved, or reconditioned; and a used part, except a used part which is removed from a motor vehicle and sold to a consumer without any attempt to improve the condition of the part and which is clearly marked as being in "as-is" condition. See N.Y. General Business Law 616

  • Participating counties: shall mean the counties of Jefferson, St. See N.Y. Public Authorities Law 2702
  • Participating employer: shall mean an employer that elects to facilitate access to the program's payroll deduction IRA as provided for by this article for its employees who are enrollees in the program. See N.Y. General Business Law 1300
  • Particular eligible premises: means the portion of such particular premises that meets the requirements for eligible premises specified in subdivision (e) of this section. See N.Y. General City Law 25-Y
  • Particular premises: means all premises occupied by an eligible business within a single building. See N.Y. General City Law 25-Y
  • Passenger: means a person in or on or being transported by a tramway. See N.Y. General Obligations Law 18-102
  • Passenger tramway: means a mechanical device intended to transport skiers for the purpose of providing access to ski slopes and trails as defined by the commissioner of labor pursuant to section two hundred two-c or eight hundred sixty-seven of the labor law. See N.Y. General Obligations Law 18-102
  • Peeling: shall mean that the paint or other surface-coating material is curling, cracking, scaling, flaking, blistering, chipping, chalking or loose in any manner, such that a space or pocket of air is behind a portion thereof or such that the paint is not completely adhered to the underlying surface. See N.Y. New York City Administrative Code 27-2056.2
  • perfusion: means the provision of extracorporeal or intracorporeal patient care services to support or replace the circulatory or respiratory function of a patient, including the administration of pharmacological and therapeutic agents, and blood products, and the management, treatment and monitoring of the physiological status of a patient during the operation of extracorporeal circulation equipment or intracorporeal equipment that replaces or support circulatory or respiratory functions. See
  • perfusionist: means a person who is licensed to practice perfusion pursuant to this article. See
  • Permitted purpose: means :

    (a) disclosure to appropriate health care providers or their personnel for the purpose of the clinical diagnosis, care or treatment of the principal individual or contact individual who is the subject of the information, where an emergency exists and the individual is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the individual's life or health;

    (b) facilitating a legally-authorized public health-related action, in relation to a specified principal individual or contact individual, where and only to the extent necessary to protect the public health; or

    (c) the investigation, prosecution or defense of a civil or legal action for a violation of this title; provided that if the use is initiated by a party other than the principal individual or contact individual who is the subject of the contact tracing information, the information must be highly material and relevant for the purpose. See N.Y. Public Health Law 2180

  • Person: means and includes any individual, partnership, association, joint-stock company, corporation, estate or trust, limited liability company, and any combination of the foregoing. See N.Y. General City Law 25-Y
  • Person: means an individual, firm, limited liability company, partnership or corporation. See N.Y. General Business Law 400
  • Person: includes any individual, partnership, association, joint-stock company, corporation, estate or trust, limited liability company, and any combination of the foregoing. See N.Y. General City Law 25-DD
  • Person: means an individual, firm, company, partnership or corporation. See N.Y. General Business Law 431
  • Person: includes an individual, corporation, partnership, joint venture, or any business entity. See N.Y. General Business Law 458-B
  • Person: means any individual, firm, partnership, corporation, association or other legal entity. See N.Y. General Business Law 521
  • Person: means an individual, partnership, firm, association or corporation. See N.Y. General Business Law 532
  • Person: means any person, firm, corporation, or association. See N.Y. Agriculture and Markets Law 96-G
  • Person: means an individual, partnership, corporation, association or other legal entity. See N.Y. General Business Law 616
  • Person: means an individual, partnership, corporation, association or any other legal entity. See N.Y. General Business Law 730
  • Person: includes an individual, corporation, partnership, joint venture, or any other business entity. See N.Y. General Business Law 736
  • Person: means an individual, corporation, company, partnership, municipality, not-for-profit corporation or any other entity whatsoever. See N.Y. General Business Law 750-A
  • person: shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten percent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such person be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section one hundred seven of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation. See N.Y. New York City Administrative Code 27-2004
  • Person: means any natural person. See N.Y. Public Health Law 1370
  • Person: means any individual, firm, corporation, association or partnership, cooperative association, joint venture, joint stock association, business trust, their lessees, trustees or receivers, governmental unit or public authority whether or not incorporated. See N.Y. General Business Law 760
  • Person: means a natural person. See N.Y. General Business Law 770
  • person: means any natural person, corporation, sole proprietorship, business, trust, partnership, incorporated or unincorporated association, estate, co-operative or any other legal entity. See N.Y. General Business Law 890
  • Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity. See N.Y. General Business Law 899-A
  • Person: shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation. See N.Y. Public Authorities Law 2049-B
  • Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
  • Person: shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation. See N.Y. Public Authorities Law 2702
  • Personal identification number: means any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources or credit of another person. See N.Y. General Business Law 899-AAA
  • Personal identifying information: means personal information consisting of any information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted, or encrypted with an encryption key that is included in the same record as the encrypted personal information or data element:

    (a) social security number;

    (b) driver's registration number or non-driver identification card number; or

    (c) mother's maiden name, financial services account number or code, savings account number or code, checking account number or code, debit card number or code, automated teller machine number or code, electronic serial number or personal identification number. See N.Y. General Business Law 899-AAA

  • Personal information: means any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person. See N.Y. General Business Law 899-AAA
  • Pet: means any domestic animal that has been adapted or tamed to live in intimate association with people but is not limited to, dogs, cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits. See N.Y. General Business Law 750-A
  • Pet cemetery: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains. See N.Y. General Business Law 750-A
  • Pet crematorium: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for the cremation of pets. See N.Y. General Business Law 750-A
  • pet dealer: shall mean any person who, in the ordinary course of business, engages in the sale or offering for sale of more than nine animals per year for profit to the public. See N.Y. General Business Law 752
  • Pet owner: means the person who is listed as the owner of the pet in veterinary records or pet cemetery or crematorium records or his or her agent or employee. See N.Y. General Business Law 750-A
  • Pharmacist: means any person licensed by the state department of education to practice pharmacy. See N.Y. Public Health Law 3302
  • Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
  • Pharmacy intern: means a person practicing under a limited permit pursuant to section sixty-eight hundred six of this title. See
  • plan: means a proposal as defined in section nine hundred eighty-a of this article. See N.Y. General Municipal Law 980
  • Plan: shall mean a map and specifications showing (a) the location of a project, (b) the estimated cost of such project, (c) the proposed width, thickness and type of highway, (d) a statement of necessity for such project relied upon by the town, and (e) the projects to be completed in each year of the period of the duration of this article. See N.Y. Highway Law 219
  • Plant: shall mean real property, the buildings, improvements and structures thereon and the fixtures thereon other than machinery or equipment used by a project occupant in its operations. See N.Y. Public Authorities Law 1801
  • 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.
  • Pollution control facilities: shall mean real or personal property having to do with, or the end purpose of which, is the control, abatement or prevention of land, sewer, water, air, thermal, radiational, noise or general environmental pollution resulting from the operation of an industrial, manufacturing or research plant. See N.Y. Public Authorities Law 1801
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See N.Y. Public Health Law 3302
  • 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
  • Portable temporary shelter: shall include but shall not be limited to, any type of tent, fold-out or pop-up camping or tent trailer, recreational vehicle awning or add-on room or shelter, or screen house made in whole, or in part of fabric or related material. See N.Y. General Business Law 500
  • poultry: means a domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. See N.Y. Agriculture and Markets Law 90-B
  • poultry dealer: means any person who buys or sells poultry as a business enterprise. See N.Y. Agriculture and Markets Law 90-B
  • poultry transporter: means any person who transports poultry as a business enterprise. See N.Y. Agriculture and Markets Law 90-B
  • Practitioner: means a practitioner who (i) is a physician licensed by New York state and practicing within the state, (ii) who by training or experience is qualified to treat a serious condition as defined in subdivision seven of this section; and (iii) has completed a two to four hour course as determined by the commissioner in regulation and registered with the department; provided however, a registration shall not be denied without cause. See N.Y. Public Health Law 3360
  • Practitioner: means :

    A

    physician,

    dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary plat: means a drawing prepared in a manner prescribed by local regulation showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require. See N.Y. General City Law 32
  • Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
  • Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription, an out-of-state prescription, or any one. See N.Y. Public Health Law 3302
  • prescription monitoring program registry: means the prescription monitoring program registry established pursuant to section thirty-three hundred forty-three-a of this article. See N.Y. Public Health Law 3302
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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 a defendant in a criminal action or proceeding, or a person adjudged a material witness therein, or any other person so involved therein that the principal may by law be compelled to appear before a court for the purpose of having such court exercise control over the principal's person to secure the principal's future attendance at the action or proceeding when required, and who in fact either is before the court for such purpose or has been before it and been subjected to such control. See N.Y. Criminal Procedure Law 500.10
  • Principal creditor: means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization. See N.Y. General Business Law 600
  • Principal creditor: means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of such person, firm, corporation or organization. See N.Y. General Business Law 604
  • Principal individual: means an individual with a confirmed or probable diagnosis of COVID-19. See N.Y. Public Health Law 2180
  • 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.
  • Product: means any article of wearing apparel, interior furnishing, sleeping bag, or portable temporary shelter. See N.Y. General Business Law 500
  • Professional medical physicist: means a person licensed or otherwise authorized to practice medical physics in accordance with article one hundred sixty-six of the education law. See N.Y. Public Health Law 3501
  • Program: shall mean the New York state secure choice savings program. See N.Y. General Business Law 1300
  • Program: means the lead poisoning prevention program in the department established pursuant to section thirteen hundred seventy-a of this title. See N.Y. Public Health Law 1370
  • Program: means the federal child care and adult food program. See N.Y. Public Health Law 2586
  • Project: shall mean (i) the construction of a new industrial or manufacturing plant, a new research and development building or other new eligible business facility, (ii) the acquisition, rehabilitation or improvement of a former or existing industrial or manufacturing plant, of a former or existing building to be used for research and development, of a former or existing other eligible business facility, (iii) the construction, acquisition, rehabilitation or improvement of pollution control facilities, (iv) the purchase of machinery and equipment, for which financial assistance from the authority is sought, or (v) assistance to employees under an employee ownership assistance loan agreement made pursuant to subtitle six of this title; provided, however, that any such plant, building, facility or machinery and equipment therefore shall not be primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain such goods or services, or used primarily as a hotel, apartment house or other place of business which furnishes dwelling space or accommodations to either residents or transients. See N.Y. Public Authorities Law 1801
  • Project: shall mean any solid waste management-resource recovery facility of which, or any portion of which, the planning, development, financing, construction, operation or maintenance is authorized to be undertaken in whole or in part by the authority pursuant to this title. See N.Y. Public Authorities Law 2049-B
  • Project: shall mean any land, any building or other improvement, and all real and personal properties located within or partially within and partially without the urban cultural park for whose benefit the commission is created, including but not limited to, facilities deemed necessary or desirable in connection therewith, whether or not now in existence, which may include a recreational, educational or urban cultural facility, a transportation or service facility related to the plans and needs of the urban cultural park or any economic use in a facility, the preservation of which is a feature of the urban cultural park. See N.Y. Public Authorities Law 2631
  • Project: shall mean a sewerage facility, solid waste management facility, water facility, or any portion of which, the planning, development, financing, acquisition, construction, operation or maintenance is authorized to be undertaken in whole or in part by the authority pursuant to this title. See N.Y. Public Authorities Law 2702
  • Project cost: shall mean the aggregate costs incurred to finance the construction, acquisition, rehabilitation, or improvement of a project, and which are determined by the authority to be or to have been reasonably necessary therefor, including, without intending thereby to limit the generality of such costs: the cost of acquiring real property therefor; the cost of constructing or reconstructing buildings and improvements thereon, including, to the extent such costs are not borne by the municipality or other taxing district within which the project is located, the cost of constructing means of access to and from such project; the cost of constructing extensions to the project site of existing utility systems if such costs are customarily borne by the consumer; insurance premiums, financing charges, interest costs, commitment fees and the like incurred prior to or during the period of construction, acquisition, rehabilitation or improvement; any fees or charges imposed by the authority in respect of an application for a mortgage loan; the cost of preparing project specifications, maps, plans, surveys, estimates, applications and other documents, including costs related to determination of the feasibility of the project in the planning stages; and all such other costs, charges, fees, and expenses, including labor costs, overhead costs, the costs of materials and supplies, and engineering, accounting and legal expenses, as may be reasonably incident to the construction, acquisition, rehabilitation or improvement of the project; provided, however, that the term "project

    cost" except when used in subtitle III of this title shall not include the cost of any machinery or equipment (other than fixtures) or personal property to be used by the project occupant in its operations or any expenses related to the installation, replacement or rehabilitation thereof. See N.Y. Public Authorities Law 1801

  • Project occupant: shall mean the business enterprise which proposes to use a project after construction, acquisition, rehabilitation or improvement. See N.Y. Public Authorities Law 1801
  • Proofs: means multiples which are the same as, and which are produced from the same masters as, the multiples in a limited edition, but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate. See
  • Provider of travel services: means every person, firm or corporation engaged in the business of furnishing travel, transportation or vacation services. See N.Y. General Business Law 523
  • Provider-performed microscopy procedure: means a procedure performed by a qualified health care professional acting within the scope of his or her licensed profession, which has been designated as a provider-performed microscopy procedure pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, as amended. See N.Y. Public Health Law 571
  • Public corporation: means and includes the city, the state and every public corporation as defined in the general construction law. See N.Y. Public Authorities Law 2799-BB
  • Public entity: means any department, board, bureau, commission or agency of the state or its political subdivisions, public benefit corporation or any public authority including the port authority of New York and New Jersey. See N.Y. Highway Law 230
  • Public place: means a public place as defined in regulation by the commissioner. See N.Y. Public Health Law 3360
  • Pyrotechnician: means a person who performs the preparation for and the firing of pyrotechnics, as defined in article sixteen of the labor law. See N.Y. General Business Law 481
  • Qualified health care professional: means a physician, dentist, podiatrist, optometrist performing a clinical laboratory test that does not use an invasive modality as defined in section seventy-one hundred one of the education law, physician assistant, specialist assistant, nurse practitioner, or midwife, who is licensed and registered with the state education department. See N.Y. Public Health Law 571
  • Qualified investment project: shall mean a project (i) located within an empire zone, (ii) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state, and (iii) which will consist of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars. See N.Y. General Municipal Law 957
  • Qualified personnel: means :

    (a) persons holding a state approved or recognized certificate, license or registration in one of the following fields:

    (i) special education teachers;

    (ii) speech and language pathologists and audiologists;

    (iii) occupational therapists;

    (iv) physical therapists;

    (v) social workers;

    (vi) nurses;

    (vii) dieticians or nutritionists;

    (viii) other persons designated by the commissioner who meet requirements that apply to the area in which the person is providing early intervention services, where not in conflict with existing professional licensing, certification and/or registration requirements. See N.Y. Public Health Law 2541

  • Qualified plaintiff: means every plaintiff or claimant who (i) has been found by a jury or court to have sustained a birth-related neurological injury as the result of medical malpractice, or (ii) has sustained a birth-related neurological injury as the result of alleged medical malpractice, and has settled his or her lawsuit or claim therefor; and (iii) has been ordered to be enrolled in the fund by a court in New York state. See N.Y. Public Health Law 2999-H
  • Qualifying business location: means a business location of a special eligible business located outside the city of New York at which such business has been conducting substantial business operations for the twenty-four months immediately preceding the year of relocation. See N.Y. General City Law 25-DD
  • Qualifying health care costs: means the future medical, hospital, surgical, nursing, dental, rehabilitation, habilitation, respite, custodial, durable medical equipment, home modifications, assistive technology, vehicle modifications, transportation for purposes of health care

    related

    appointments, prescription and non-prescription medications, and other health care costs actually incurred for services rendered to and supplies utilized by qualified plaintiffs, which are necessary to meet their health care needs, as determined by their treating physicians, physician assistants, or nurse practitioners and as otherwise defined by the commissioner in regulation. See N.Y. Public Health Law 2999-H

  • Radiation equipment: means any equipment or device which can emit ionizing or non-ionizing radiation. See N.Y. General Business Law 481
  • Radiation oncologist: means a physician duly licensed to practice medicine in the state of New York and who is certified by the American Board of Radiology or by the American Osteopathic Board of Radiology in radiation oncology. See N.Y. Public Health Law 3501
  • Radiation therapy: means the use of external beam and remote afterloading brachytherapy equipment for the application of ionizing radiation to human beings for therapeutic purposes under the supervision of a radiation oncologist. See N.Y. Public Health Law 3501
  • Radioactive material: means any material in any form that emits ionizing radiation spontaneously. See N.Y. General Business Law 481
  • Radiographer: means a person, other than a licensed practitioner, who is licensed under this article to practice radiography. See N.Y. Public Health Law 3501
  • Radiography: means the use of x-rays or x-ray producing equipment on human beings for diagnostic purposes under the supervision of a licensed practitioner. See N.Y. Public Health Law 3501
  • Radiologic technologist: means a person who is licensed under this article to practice radiography or radiation therapy or nuclear medicine. See N.Y. Public Health Law 3501
  • Radiologic technology: means the practice of radiography, radiation therapy and nuclear medicine technology. See N.Y. Public Health Law 3501
  • Railroad: means a private or public railroad operating in the state of New York carrying either freight, passengers or freight and passengers including, but not limited to, those operated by the metropolitan transportation authority and its subsidiaries, the Long Island Rail Road, the metro-north railroad, the Staten Island rapid transit operating authority, the New York city transit authority or any other public authority or local government and shall include tourist excursion operations and railrides on standard gauge tracks. See N.Y. Highway Law 230
  • Railroad bridge: means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or tracks for carrying freight or passengers or other moving loads and having an opening measured along the center of the track or roadway of more than twenty feet between under croppings of abutments or spring lines or arches, or extreme ends of openings for multiple boxes and may include multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening whether privately or publicly owned. See N.Y. Highway Law 230
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • Rating: means a standardized designation commonly used to inform parents about video games or motion pictures in retail or theatrical release, respectively, regarding viewing or playing by their children. See N.Y. General Business Law 611
  • reactivated tube: is a weak, worn-out or defective tube which has been temporarily reactivated by the administration of a charge of high voltage electric current to the elements thereof. See N.Y. General Business Law 532
  • Real property: shall mean lands, structures, franchises and interests in land, waters, lands underwater, riparian rights and air rights and any and all things and rights included within said term and includes not only fees simple absolute, but also any and all lesser

    interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise. See N.Y. Public Authorities Law 2049-B

  • Real property: shall mean lands, structures, franchises, and interest in lands, and any and all things usually included within the said term, and includes not only fees simple absolute but also any and all lesser interest, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms of years, and liens thereon by way of judgments, mortgages or otherwise, and also claims for damage to real estate, in the area of the urban cultural park. See N.Y. Public Authorities Law 2631
  • Real property: shall mean lands, structures, improvements franchises and interests in land, including lands under water, waterfront property, marginal streets and riparian rights, space rights and air rights and any and all other things and rights usually included within said term and any fixtures, equipment and articles of personal property affixed to or used in connection therewith. See N.Y. Public Authorities Law 2702
  • Recess: A temporary interruption of the legislative business.
  • 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 Business Law 899-A
  • Record: means any information kept, held, filed, produced or reproduced by, with or for a person or business entity, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, or computer tapes or discs. See N.Y. General Business Law 899-AAA
  • Reference system: means a system of assessment of methods, procedures and materials of clinical laboratories and blood banks, including, but not limited to, ongoing validation which may include direct testing and experimentation by the department of such methods, procedures and materials, the distribution of standards and guidelines, inspection of facilities, periodic submission of test specimens for examination, and research conducted by the department that involves the study of new or existing methods, procedures and materials related to the quality of clinical laboratory medicine. See N.Y. Public Health Law 571
  • regionally significant project: shall mean : a manufacturer projecting the creation of fifty or more jobs; or an agri-business or high tech or biotech business making a capital investment of ten million dollars and creating twenty or more jobs; or a financial or insurance services or distribution center creating three hundred or more jobs; or a clean energy research and development enterprise shall be eligible as a regionally significant project as determined by the local zone administrative board and commissioner. See N.Y. General Municipal Law 957
  • Registered organization: means a registered organization under sections thirty-three hundred sixty-four and thirty-three hundred sixty-five of this title. See N.Y. Public Health Law 3360
  • Registered resident: means a person who passed a funeral directing examination and who is duly registered as such with the department while in the employ of a registered funeral firm and who is engaged in the practice of funeral directing under the supervision of a licensed funeral director or undertaker and embalmer; provided, however, that a registered resident shall not have authority to sign any form or document required by law which requires the signature of a licensed funeral director or make funeral arrangements or own or manage a funeral firm. See N.Y. Public Health Law 3400
  • Registration: means registration as an athlete agent pursuant to this article. See N.Y. General Business Law 899-A
  • registration number: means the number assigned to and that identifies a particular domestic animal, which number and the identifying characteristics of such domestic animal are set forth in a registry maintained by a breed association recognized by the department. See N.Y. Agriculture and Markets Law 90-B
  • Registry application: means an application properly completed and filed with the department by a certified patient under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Registry identification card: means a document that identifies a certified patient or designated caregiver, as provided under section thirty-three hundred sixty-three of this title. See N.Y. Public Health Law 3360
  • Related material: means paper, plastic, rubber, synthetic film, or synthetic foam which is intended for use or which may reasonably be expected to be used in any product as defined in subdivision six of this section. See N.Y. General Business Law 500
  • Relocate: means to transfer pre-existing business operations to premises that are or will become eligible premises in accordance with subdivision (e) of this section, or to establish new business operations at such premises, provided that an eligible business shall not be deemed to have relocated unless at least one employee, partner or sole proprietor of the eligible business is transferred to such premises from pre-existing business operations conducted outside the eligible area. See N.Y. General City Law 25-Y
  • relocate: means to transfer pre-existing business operations to one or more premises which are or will become eligible premises in accordance with subdivision (e) of this section, or to establish new business operations at such premises, provided that an eligible business shall not be deemed to have relocated unless at least one employee, partner or sole proprietor of the eligible business is transferred to such premises from pre-existing business operations conducted outside the city of New York. See N.Y. General City Law 25-DD
  • Relocated Employee: means an employee of a special eligible business who (1) has worked at a qualifying business location of the eligible business outside of the city of New York continuously, full-time or part-time, for the ten work weeks prior to the date of relocation and continuously from the date of relocation until the date of transfer to eligible premises, (2) is transferred to eligible premises, and (3) continues to work for the eligible business at the eligible premises for at least ten full work weeks after the date of transfer. See N.Y. General City Law 25-DD
  • Relocated employee base shares: means the number of full-time work weeks worked by relocated employees in eligible premises during the twelve calendar months after the month of relocation, divided by the number of weeks in such twelve months, plus the number of part-time work weeks worked by such employees in such premises divided by twice the number of weeks in such months. See N.Y. General City Law 25-DD
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remediate: shall mean the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the commissioner of health and mental hygiene. See N.Y. New York City Administrative Code 27-2056.2
  • 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).
  • Reproduction: means a copy, in any medium, of a work of fine art, that is displayed or published under circumstances that, reasonably construed, evinces an intent that it be taken as a representation of a work of fine art as created by the artist. See
  • Reproduction right: means a right to reproduce, prepare derivative works of, distribute copies of, publicly perform or publicly display a work of fine art. See
  • 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.
  • Resident: means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living or enhanced assisted living residence, as applicable. See N.Y. Public Health Law 4651*2
  • Resides: shall mean to routinely spend 10 or more hours per week within a dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
  • Resource recovery: shall mean the separation, extraction or recovery of usable materials, energy or heat from solid waste through source separation, incineration, recycling centers or other programs, projects or facilities. See N.Y. Public Authorities Law 2049-B
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail activity: means any activity which consists predominantly of the sale, other than through the mail or by the telephone or by means of the internet, of tangible personal property to any person, for any purpose unrelated to the trade or business of such person, or which consists predominantly of the selling of services to individuals which generally involve the physical, mental and/or spiritual care of such individuals, or the physical care of the personal property of any person unrelated to the trade or business of such person, or which consists predominantly of the provision of retail banking services. See N.Y. General City Law 25-Y
  • Retail activity: means any activity which consists predominately of the sale, other than through the mail, or by the telephone or by means of the internet, of tangible personal property to any person, for any purpose unrelated to the trade or business of such person, or which consists predominately of the selling of services to individuals which generally involve the physical, mental and/or spiritual care of such individuals, or the physical care of the personal property of any person unrelated to the trade or business of such person, or which consists predominately of the provision of retail banking services. See N.Y. General City Law 25-DD
  • Revenues: means the tax revenues and all aid, rents, fees, charges, payments and other income and receipts paid or payable to the authority or a trustee for the account of the authority. See N.Y. Public Authorities Law 2799-BB
  • Revenues: shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. See N.Y. Public Authorities Law 2049-B
  • Revenues: shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. See N.Y. Public Authorities Law 2702
  • Revitalization area: means any area of a city having a population of one million or more, provided that in the city of New York a revitalization area shall mean any district that is zoned C4, C5, C6, M1, M2 or M3 in accordance with the zoning resolution of such city in any area such city except the area lying south of the center line of 96th Street in the borough of Manhattan. See N.Y. General City Law 25-Y
  • Roadbed: shall mean the portion of the highway, improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See N.Y. Highway Law 219
  • Roofing contractor: means a person, firm or corporation, including but not limited to, a person that is a nonresident roofing contractor, independent contractor, day laborer or subcontractor engaged in the business of roofing, gutter, downspout or siding services for a fee or who offers to engage in or solicits roofing-related services, including construction, installation, renovation, repair, maintenance, alteration or waterproofing. See N.Y. General Business Law 770
  • Roosevelt Island: shall mean the island located in the east river, city and county of New York, extending from approximately fiftieth street to eighty-sixth street in Manhattan;

    8. See N.Y. Public Authorities Law 2799-BBBB

  • rules: shall mean a rule or rules promulgated pursuant to section 1043 of the New York city charter. See N.Y. New York City Administrative Code 27-2056.2
  • salary: means all amounts paid by or for the state as compensation for services rendered by an eligible employee holding a position with the state university or by or for a community college as compensation for services rendered by an eligible employee holding a position at such college. See
  • salary: means that amount fixed by or pursuant to law and paid by or for an employer to an employee as compensation for services rendered by the employee to the employer. See
  • sale: means any transfer of title or of the right of use by sale, conditional sales contract, lease bailments, including rentals of hearing aids hire-purchase, or any other means; excluding wholesale transactions of dealers and distributors. See N.Y. General Business Law 789
  • Satisfactory: means satisfactory to the secretary of state. See N.Y. General Business Law 431
  • Sculpture: means a three-dimensional fine art object produced, fabricated or carved in multiple from a mold, model, cast, form or other prototype, other than from glass, sold, offered for sale or consigned in, into or from this state for an amount in excess of fifteen hundred dollars. See
  • second-hand tube: is a tube which has been subjected to consumer or demonstrator use as an entity. See N.Y. General Business Law 532
  • Secretary: means the secretary of state. See N.Y. General Business Law 400
  • secretary: means the secretary of state. See N.Y. General Business Law 419
  • Secretary: as used in this article shall mean the secretary of state. See N.Y. General Business Law 621
  • Secretary: means the secretary of state. See N.Y. General Business Law 789
  • Securing order: means an order of a court committing a principal to the custody of the sheriff or fixing bail, where authorized, or releasing the principal on the principal's own recognizance or releasing the principal under non-monetary conditions. See N.Y. Criminal Procedure Law 500.10
  • Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302
  • Seller: means any person who sells parts either to a consumer or to a purchaser for the purpose of resale to a consumer. See N.Y. General Business Law 616
  • Seller: as used in this article means any person, firm, corporation, partnership, unincorporated association or other business enterprise which operates or intends to operate a health club. See N.Y. General Business Law 621
  • Serious condition: means :

    (i) having one of the following severe debilitating or life-threatening conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological

    indication

    of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical marihuana is an alternative to opioid use, substance use disorder, or as added by the commissioner; and

    (ii) any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment: cachexia or wasting syndrome; severe or chronic pain; severe nausea; seizures; severe or persistent muscle spasms; or such conditions as are added by the commissioner. See N.Y. Public Health Law 3360

  • Service coordinator: means a person who:

    (a) meets the qualifications established in federal law and regulation and demonstrates knowledge and understanding of:

    (i) infants and toddlers who may be eligible for services under this title;

    (ii) principles of family-centered services;

    (iii) part H of the federal individuals with disabilities education act and its corresponding regulations;

    (iv) the nature and scope of services available under this title; and

    (v) the requirements for authorizing and paying for such services and other pertinent information;

    (b) is responsible for:

    (i) assisting eligible children and their families in gaining access to services listed on the IFSP;

    (ii) coordinating early intervention services with other services such as medical and health services provided to the child;

    (iii) coordinating the performance of evaluations and assessments;

    (iv) participating in the development, monitoring and evaluation of the IFSP;

    (v) assisting the parent in identifying available service providers;

    (vi) coordinating service delivery;

    (vii) informing the family of advocacy services;

    (viii) where appropriate, facilitating the transition of the child to other appropriate services; and

    (ix) assisting in resolving any disputes which may arise between the family and service providers, as necessary and appropriate; and

    (c) meets such other standards as are specified pursuant to section twenty-five hundred fifty-one of this title. See N.Y. Public Health Law 2541

  • Sewerage facility: shall mean a system of trunk, intercepting and connecting, lateral and outlet sewers, storm water drains, pumping and ventilating stations, disposal or treatment plants or works, and other appliances and structures, which in the judgment of the authority will provide an effectual and advantageous means for relieving the participating counties and municipalities within the participating counties from pollution created by the sewage and waste and relieving the participating counties and municipalities within the participating counties from inadequate sanitary and storm water drainage by providing for the sanitary disposal or treatment of the sewage thereof, or such sections or parts of such systems as the authority may from time to time deem it proper or convenient to construct, consistent with purpose of this title. See N.Y. Public Authorities Law 2702
  • sheep: means any member of the genus ovis. See N.Y. Agriculture and Markets Law 90-B
  • Signed: means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple was produced, whether or not the master was signed or unsigned. See
  • Ski area: means all ski slopes, ski trails and passenger tramways administered as a single enterprise within this state. See N.Y. General Obligations Law 18-102
  • Ski area operator: means a person, firm or corporation, and its agents

    and employees, having operational and administrative responsibility for any ski area, including any agency of the state, any political subdivision thereof, and any other governmental agency or instrumentality. See N.Y. General Obligations Law 18-102

  • Skier: means any person wearing a ski or skis and any person actually on a ski slope or trail located at a ski area, for the purpose of skiing. See N.Y. General Obligations Law 18-102
  • 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
  • Small business set-aside: means a purchase request for which bids are to be invited and accepted only from small businesses by the chairman. See N.Y. Public Authorities Law 1695
  • Small business set-asides: means a purchase request for which bids are to be invited and accepted only from small businesses by the chairman. See N.Y. Public Authorities Law 1695*2
  • soil: means the commonly accepted medium or other medium in which plants are grown and which is or may be capable of harboring or transmitting insect pests and plant diseases. See N.Y. Agriculture and Markets Law 161
  • sold: includes offering or exposing for sale or exchange or hire or lease, or consigning or delivering in consignment for sale, exchange, hire or lease or holding in possession with like intent. See N.Y. General Business Law 500
  • Solid waste: shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2702
  • Solid waste: shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2049-B
  • Solid waste management facility: shall mean any facility, plant, works, system, building, structure, improvement, machinery, equipment,

    fixture or other real or personal property which is to be used, occupied or employed for or is incidental to the collecting, receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom including, but not limited to, recycling centers, transfer stations, shredding or baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, leachate treatment facilities, plants and facilities for compacting, composting or pyrolization of solid wastes, secure land burial facilities, landspreading facilities, surface impoundments and waste oil storage, reprocessing and refining facilities, incinerators and other solid waste disposal, reduction or conversion facilities, and "resource recovery equipment" and "disposal equipment" as such terms are defined in subdivisions four and five of section 51-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2702

  • Solid waste management facility: means any area or site, structure, facility or equipment used for or in connection with methods including, but not limited to shredding, compression, high-temperature incineration, pyrolization, separation or any other technology for resource recovery, transporting, storing, or the final placement and disposal of solid wastes in a manner satisfactory to the commissioner. See N.Y. Public Health Law 1380
  • Speaker: means the speaker of the council, elected pursuant to the rules of the council. See N.Y. Public Authorities Law 2799-BB
  • Special certification: means a special certification made under subdivision nine of section thirty-three hundred sixty-one of this title. See N.Y. Public Health Law 3360
  • Special eligible business: means any person subject to a tax imposed under a local law enacted pursuant to part two or three of section one, or section two, of chapter seven hundred seventy-two of the laws of nineteen hundred sixty-six or a gross receipts tax imposed under a local law enacted pursuant to subdivision (a) of section twelve hundred one of the tax law, that: (1) has been conducting substantial business operations at one or more business locations outside the city of New York for the twenty-four consecutive months immediately preceding the taxable year during which such eligible business relocates as defined in subdivision (m) of this section, (2) maintained employment shares at premises in Manhattan in the city of New York at some time during the period beginning January first, two thousand two, and ending on the date it enters into a lease or a contract to purchase the premises that will qualify as eligible premises pursuant to this section, and (3) on or after June thirtieth, two thousand five, relocates as defined in subdivision (m) of this section all or part of such business operations. See N.Y. General City Law 25-DD
  • specialty fertilizer: shall mean a commercial fertilizer distributed primarily for non-farm use, as the commissioner may define by regulation. See N.Y. Agriculture and Markets Law 143
  • State: shall mean the state of New York. See N.Y. Public Authorities Law 2702
  • State: means the state of New York. See N.Y. Public Authorities Law 2799-BB
  • State: shall mean the state of New York. See N.Y. Public Authorities Law 1801
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See N.Y. General Business Law 899-A
  • State: shall mean the state of New York. See N.Y. Public Authorities Law 2049-B
  • State agency: means any state board, body, bureau, commission, council, department, public authority, public corporation, division, office or other governmental entity performing a governmental or proprietary function for the state. See
  • State agency: shall mean any officer, department, board, commission,

    bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Public Authorities Law 1801

  • State early intervention service agencies: means the departments of health, education and social services and the offices of mental health and alcoholism and substance abuse services and the office for people with developmental disabilities. See N.Y. Public Health Law 2541
  • state university: means the state university of New York and the term "community college" means a college established and operated under article one hundred twenty-six of this chapter. See
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student-athlete: means an individual who engages in, is eligible to engage in, may be eligible in the future to engage in or was eligible in the past thirty days to engage in any intercollegiate or interscholastic sport. See N.Y. General Business Law 899-A
  • Subcontractor: means any person, firm, partnership, corporation, company, association, organization or other entity, or any combination thereof, which is a party to a contract with a contractor or another subcontractor to perform a portion of work pursuant to a construction contract. See N.Y. General Business Law 756
  • Subdivision: means the division of any parcel of land into a number of lots, blocks or sites as specified in a law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. See N.Y. General City Law 32
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means a consumer who is solicited to purchase or who purchases the services of a credit card registration service. See N.Y. General Business Law 521
  • Substantial structural alteration: means any work that modifies the load capacity, loan distribution or load paths or structural behavior of the bridge. See N.Y. Highway Law 230
  • Successor in interest: shall mean a "personal representative" "testamentary beneficiary" trustee or beneficiary of a "lifetime trust" or an "heir" (including heirs who acquire the work of fine art, craft or print from the artist or craftsperson or from another heir or beneficiary of the artist or craftsperson), which terms shall have the same meanings as set forth in the estates, powers and trusts law. See
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supercard: shall mean a bingo card on which prizes are awarded, which card is selected by the player, containing five designated numbers, colors or symbols, corresponding to the letters B, I, N, G, O, displayed on the bingo board of the bingo premises operator, which can be played concurrently with the other bingo cards played during the game of bingo. See N.Y. General Municipal Law 476
  • Superintendent: shall mean the superintendent of the department of financial services. See N.Y. General Business Law 1300
  • Supervision: means the oversight of a licensed radiologic technologist by a licensed practitioner acting within the limits specified in the law under which the practitioner is licensed. See N.Y. Public Health Law 3501
  • Supplier: means the manufacturer, wholesaler or distributor of the equipment to be sold by the dealer. See N.Y. General Business Law 696-A
  • Supplier: means the manufacturer, wholesaler or distributor that issues the warranty effective in New York state for the farm equipment sold by the dealer. See N.Y. General Business Law 697
  • Support: means resources or services provided to an individual to enable such individual to safely quarantine or isolate, including grocery, meal or pharmacy delivery, laundry services, child or elder care, pet walking, assistance with telephone, internet, or other communication services or devices, health and mental health services, legal services, provision of appropriate living space for individuals who cannot isolate or quarantine at home, and income replacement. See N.Y. Public Health Law 2180
  • Surety: means an obligor who is not a principal. See N.Y. Criminal Procedure Law 500.10
  • swine: means the entire super family of suidoidae, both feral and domestic. See N.Y. Agriculture and Markets Law 90-B
  • Targeted employee: shall mean a New York resident who receives empire zone wages pursuant to subdivision nineteen of section two hundred ten of the tax law and who is (i) an eligible individual under the provision of the targeted jobs tax credit (section fifty-one of the internal revenue code), (ii) eligible for benefits under the provisions of the job training partnership act (P. See N.Y. General Municipal Law 957
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • 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.
  • Total attributed eligible aggregate employment shares: means , for any relocation, the sum of the number of eligible aggregate employment shares apportioned to such relocation pursuant to paragraph one of this subdivision, less any excess shares determined with respect to such relocation pursuant to paragraph two of this subdivision, plus any excess shares attributed to such relocation pursuant to paragraph three of this subdivision. See N.Y. General City Law 25-Y
  • Town: shall mean the town of North Hempstead. See N.Y. Public Authorities Law 2049-B
  • Town superintendent: shall mean the town superintendent of highways. See N.Y. Highway Law 219
  • Town highway: shall mean highways constructed, improved or maintained by the town with the aid of the state or county, under the provisions of the highway law, including all highways in towns, outside of incorporated villages constituting separate road districts, except state highways, county roads, parkways, state thruways and controlled access highways as defined by the highway law. See N.Y. Highway Law 219
  • Trainee: means a person pursuing in good faith a course of study in the practice of nail specialty under the tutelage, supervision and

    direction of a licensed nail practitioner. See N.Y. General Business Law 400

  • Trainee: means a person twenty-one years of age or older, who upon receiving a temporary certificate of registration, is studying hearing aid dispensing full-time for the purpose of qualifying to sit for the registration examination. See N.Y. General Business Law 789
  • Tramway franchise: shall mean the franchise for the Roosevelt Island tramway granted by the city to the urban development corporation on February nineteenth, nineteen hundred seventy-four; and

    10. See N.Y. Public Authorities Law 2799-BBBB

  • 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.
  • Travel agent: shall mean any person, firm, corporation, partnership or association, other than a common carrier or employee of a common carrier, that is an officially appointed agent of a common carrier and meets standards no less than those required on January first, nineteen hundred ninety, for authorized agents of the airline reporting corporation, or is a registered member of the Cruise Lines International Association and who operates exclusively as an agent for cruise lines in the sale of cruise travel products or services, and who, as a legal agent of a supplier, sells or offers for sale any travel, transportation or vacation arrangements, or who negotiates for or holds himself or herself out by solicitation, advertisement or otherwise as one who sells, provides, furnishes contracts or arranges for such travel, transportation or vacation services. See N.Y. General Business Law 523
  • Travel services: means public transportation, public accommodations in hotels, motels or motor courts, rental of motor vehicles or any other service related to travel. See N.Y. General Business Law 523
  • Treasurer: means a county treasurer, city treasurer, town supervisor, village treasurer, school district treasurer, fire district treasurer, improvement district treasurer, president of a board of health of a consolidated health district, county vocational educational and extension board treasurer, treasurer of a board of cooperative educational services, public general hospital treasurer, or other officer possessing similar powers and duties. See N.Y. General Municipal Law 800
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • tube: is a n electron receiving tube or cathode ray tube (commonly known as a picture tube) designed primarily for use in a home type television or radio receiver, phonograph, tape recorder, or any combination thereof, or other home type electronic device or appliance. See N.Y. General Business Law 532
  • tube utilizing used components: is a tube which has not been used as an entity but which in the manufacture thereof has utilized one or more used components. See N.Y. General Business Law 532
  • Turnover: shall mean the occupancy of a dwelling unit subsequent to the termination of a tenancy and the vacatur by a prior tenant of such dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
  • Ultimate user: means a person who lawfully obtains and possesses a controlled substance for his own use or the use by a member of his household or for an animal owned by him or in his custody. See N.Y. Public Health Law 3302
  • Underground facilities: means pipelines, conduits, ducts, cables, wires, manholes, vaults or other such facilities or their attachments, which have been installed underground by an operator to provide services or materials. See N.Y. General Business Law 760
  • Underlying defect: shall mean a physical condition in a dwelling or dwelling unit that is causing or has caused paint to peel or a painted surface to deteriorate or fail, such as a structural or plumbing failure that allows water to intrude into a dwelling or dwelling unit. See N.Y. New York City Administrative Code 27-2056.2
  • Undertaker: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
  • Undertaking: means the care, disposal, transportation, burial or cremation by any means other than embalming of the body of a deceased person. See N.Y. Public Health Law 3400
  • undeveloped: shall mean those plats where twenty percent or more of the lots within the plat are unimproved unless existing conditions, such as poor drainage, have prevented their development. See N.Y. General City Law 32
  • 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
  • United States: shall mean the United States of America or any department, agency or instrumentality thereof acting on behalf of the United States of America. See N.Y. Public Authorities Law 2702
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urban cultural park: shall mean the Hudson-Mohawk urban cultural park designated pursuant to section 35. See N.Y. Public Authorities Law 2631
  • Urban development corporation: shall mean the New York state urban development corporation and any successor agency. See N.Y. Public Authorities Law 2799-BBBB
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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.
  • Vendee: means any individual or individuals who have contracted with a vendor for construction of a home on land not owned at the time of such agreement by such individual or individuals. See N.Y. General Business Law 780
  • Vendor: means any person, firm, corporation, or association engaged in the business of erecting or constructing homes. See N.Y. General Business Law 780
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veterinarian: means a person licensed to practice the profession of veterinary medicine as defined by section sixty-seven hundred one of the education law. See N.Y. General Business Law 750-A
  • 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.
  • Video game: means electronic or computerized game software that users manipulate through interactive devices to generate images on a display screen. See N.Y. General Business Law 611
  • Wages: means any compensation within the meaning of section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year. See N.Y. General Business Law 1300
  • Waived test: means a clinical laboratory test that has been designated as a waived test or is otherwise subject to certificate of waiver requirements pursuant to the federal clinical laboratory improvement act of nineteen hundred eighty-eight, as amended. See N.Y. Public Health Law 571
  • Warrantor: means any person who issues a written warranty pursuant to section seven hundred thirty-one of this article. See N.Y. General Business Law 730
  • warranty: means the written affirmation of fact or promise made by a supplier to a consumer in connection with the sale of farm equipment which relates to the nature of the material or workmanship, including any terms or conditions precedent to the enforcement of obligations under that warranty. See N.Y. General Business Law 697
  • Warranty date: means the date of the passing of title to the first owner for occupancy by such owner or such owner's family as a residence, or the date of first occupancy of the home as a residence, whichever first occurs. See N.Y. General Business Law 777
  • Water facility: shall mean any water supply or distribution system or systems, including any plants, works, instrumentalities or parts thereof and appurtenances thereto, lands, easements, rights in land and water rights, right-of-way, contract rights, franchises, approaches, connections, dams, reservoirs, water mains and pipe lines, pumping stations and equipment, or any other property incidental to and included in such system or part thereof, and any improvements, extensions and betterments. See N.Y. Public Authorities Law 2702
  • Water supplier: shall mean any person who owns or operates a community water system that supplies drinking water to more than three thousand three hundred people. See N.Y. Public Health Law 1125
  • Water supply emergency plan: shall mean a plan reviewed and approved by the commissioner and filed with the department. See N.Y. Public Health Law 1125
  • water works corporation: shall mean any entity that has one thousand or more water service connections, and comes within the definition in section two of the public service law or paragraph (a) of subdivision one of section one hundred twenty-u of the general municipal law. See N.Y. Public Health Law 1150
  • waxing: means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, or shoulders of a human being by the removal of hair by the use of depilatories, waxes or tweezing but shall not include the practice of electrology. See N.Y. General Business Law 400
  • Window: shall mean the non-glass parts of a window, including but not limited to any window sash, window well, window jamb, window sill, or window molding. See N.Y. New York City Administrative Code 27-2056.2
  • woman: as used in this article shall not include any female either actually or apparently under the age sixteen years, whose care is assumed by any incorporated society for the prevention of cruelty to children; but every such female upon being taken to a station house shall be at once transferred therefrom by the officer in charge to the custody of such society. See N.Y. General City Law 96
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Written instrument: means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue or any other written or printed note or memorandum or label describing the work of fine art or multiple which is to be sold, exchanged or consigned by an art merchant. See
  • Year: shall mean the twelve-month period commencing July first unless otherwise specified. See N.Y. Public Health Law 2541
  • Zone equivalent area: shall mean an area designated as such pursuant to former subdivision (bb) of section nine hundred fifty-nine of this article. See N.Y. General Municipal Law 957