Title 1 General Provisions
Title 2 Residential Programs for Adults
Title 3 Residential Programs for Children
Title 4 Registry of Community Residential Facilities

Terms Used In New York Laws > Social Services > Article 7 - Residential Care Programs for Adults and Children

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • Advisory council: shall mean the advisory council of the New York state office of science, technology, and academic research. See N.Y. Executive Law 209
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: shall mean any department, board, bureau, commission, division, office, council, committee or officer of the state, a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Executive Law 145
  • Allegation: something that someone says happened.
  • AMC: means an individual or business entity that:
    (a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;
    (b) provides such services in connection with valuing a consumer's real property as security for consumer credit transactions secured by a consumer's principal dwelling; and
    (c) within a given year, oversees an appraisal panel of more than fifteen appraisers working in New York state or twenty-five or more appraisers working in two or more states. See N.Y. Executive Law 160-AAAA
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Analysis: is a study of real estate or real property other than estimating value. See N.Y. Executive Law 160-A
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appraisal management services: means to, directly or indirectly, provide any of the following services on behalf of a lender, financial institution, client, or any other person in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations:
    (a) administer an appraiser panel;
    (b) recruit, retain or select appraisers;
    (c) qualify or verify licensing or certification and negotiate fees and service level expectations with persons who are part of an appraiser panel;
    (d) contract with appraisers to perform appraisal assignments;
    (e) receive an order for an appraisal from one person, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;
    (f) manage the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and reports, submitting completed appraisal reports to creditors and underwriters for services provided, and reimbursing appraisers for services performed;
    (g) track and determine the status of orders for appraisals;
    (h) conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal;
    (i) provide a completed appraisal performed by an appraiser to one or more clients; or
    (j) compensate appraisers for services rendered. See N.Y. Executive Law 160-AAAA
  • Appraisal report: means any written communication of an appraisal. See N.Y. Executive Law 160-A
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See N.Y. Executive Law 160-AAAA
  • Appraiser: means a person licensed or certified pursuant to article six-E of this chapter. See N.Y. Executive Law 160-AAAA
  • Appraiser panel: means a network, list or roster of licensed or certified appraisers approved by the appraisal management company to perform appraisals as independent contractors of the appraisal management company. See N.Y. Executive Law 160-AAAA
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Black car operator: means the registered owner of a for-hire vehicle, or a driver designated by such registered owner to operate the registered owner's for-hire vehicle as the registered owner's authorized designee, whose injury arose out of and in the course of providing covered services to a central dispatch facility that is a registered member of the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
  • Board: means the state board of real estate appraisal established pursuant to the provisions of section one hundred sixty-c of this article. See N.Y. Executive Law 160-A
  • Board: means the workers' compensation board. See N.Y. Executive Law 160-CC
  • Board: means the state board of real estate appraisal which shall advise the department, as necessary, on implementation of, and enforcement of this article. See N.Y. Executive Law 160-AAAA
  • Central dispatch facility: means a central facility, wherever located, including a transportation network company, that (a) dispatches the registered owners of for-hire vehicles, or drivers acting as the designated agent of such registered owners, to both pick-up and discharge passengers in the state, and (b) has certified to the satisfaction of the department of state that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger; provided, however, that a central dispatch facility shall not include any such central facility that owns fifty percent or more of the cars it dispatches. See N.Y. Executive Law 160-CC
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • chief executive: means :
    (1) a county executive or manager of a county;
    (2) in a county not having a county executive or manager, the chairman or other presiding officer of the county legislative body;
    (3) a mayor of a city or village, except where a city or village has a manager, it shall mean such manager; and
    (4) a supervisor of a town, except where a town has a manager, it shall mean such manager. See N.Y. Executive Law 20
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • commission: means the disaster preparedness commission created pursuant to section twenty-one of this article. See N.Y. Executive Law 20
  • Commissioner: means the commissioner of mental health or the commissioner of developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • Commissioner: means the head of the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • commissioner: means the head of the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Competent appraiser: means an appraiser that satisfies each provision of the competency rule of the uniform standards of professional appraisal practice for a specific appraisal assignment or valuation service that the appraiser has received, or may receive, from an appraisal management company. See N.Y. Executive Law 160-AAAA
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlling person: means :
    (a) an owner, officer or director of an appraisal management company, or an individual who holds an ownership interest of ten percent or more of such company;
    (b) an individual employed, appointed or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or
    (c) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See N.Y. Executive Law 160-AAAA
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correctional facility: means a correctional facility as that term is defined in section two of the correction law. See N.Y. Mental Hygiene Law 10.03
  • Counsel for respondent: means any counsel that has been retained or appointed for respondent, or if no other counsel has been retained or appointed, or prior counsel cannot be located with reasonable efforts, then the mental hygiene legal service. See N.Y. Mental Hygiene Law 10.03
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Covered services: means , with respect to dispatches from or by a central dispatch facility located in the state, all dispatches from such central dispatch facility regardless of where the pick-up or discharge occurs, and, with respect to dispatches from or by a central dispatch facility located outside the state, all dispatches involving a pick-up in the state, regardless of where the discharge occurs. See N.Y. Executive Law 160-CC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous sex offender requiring confinement: means a person who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility. See N.Y. Mental Hygiene Law 10.03
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: shall mean the department of state. See N.Y. Executive Law 159-E
  • Department: shall mean the department of state. See N.Y. Executive Law 160-A
  • Department: means the department of state. See N.Y. Executive Law 160-CC
  • Department: means the New York state department of state. See N.Y. Executive Law 160-AAAA
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated felony: means any felony offense defined by any of the following provisions of the penal law: assault in the second degree as defined in section 120. See N.Y. Mental Hygiene Law 10.03
  • Detained sex offender: means a person who is in the care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense or designated felony, in that the person is either:
    (1) A person who stands convicted of a sex offense as defined in subdivision (p) of this section, and is currently serving a sentence for, or subject to supervision by the division of parole, whether on parole or on post-release supervision, for such offense or for a related offense;
    (2) A person charged with a sex offense who has been determined to be an incapacitated person with respect to that offense and has been committed pursuant to article seven hundred thirty of the criminal procedure law, but did engage in the conduct constituting such offense;
    (3) A person charged with a sex offense who has been found not responsible by reason of mental disease or defect for the commission of that offense;
    (4) A person who stands convicted of a designated felony that was sexually motivated and committed prior to the effective date of this article;
    (5) A person convicted of a sex offense who is, or was at any time after September first, two thousand five, a patient in a hospital operated by the office of mental health, and who was admitted directly to such facility pursuant to article nine of this title or section four hundred two of the correction law upon release or conditional release from a correctional facility, provided that the provisions of this article shall not be deemed to shorten or lengthen the time for which such person may be held pursuant to such article or section respectively; or
    (6) A person who has been determined to be a sex offender requiring civil management pursuant to this article. See N.Y. Mental Hygiene Law 10.03
  • Devise: To gift property by will.
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article forty-one of this chapter. See N.Y. Mental Hygiene Law 9.01
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article eleven of this chapter. See N.Y. Mental Hygiene Law 15.01
  • disaster: means occurrence or imminent, impending or urgent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, disease outbreak, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological, or bacteriological release, water contamination, bridge failure or bridge collapse. See N.Y. Executive Law 20
  • Disaster emergency response personnel: means agencies, public officers, employees, or affiliated volunteers having duties and responsibilities under or pursuant to a comprehensive emergency management plan. See N.Y. Executive Law 20
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Districts: shall mean fire districts created pursuant to article eleven of the town law. See N.Y. Executive Law 155-A
  • Donor: The person who makes a gift.
  • Eligible entity: shall mean any organization
    (a) officially designated as a community action agency or a community action program under the provisions of section two hundred ten of the economic opportunity act of 1964 for fiscal year 1981, unless such community action agency or a community action program lost its designation under section two hundred ten of such act as a result of a failure to comply with the provisions of such act; or
    (b) designated by the process described in section one hundred fifty-nine-m of this article (including an organization serving migrant or seasonal farmworkers that is so described or designated). See N.Y. Executive Law 159-E
  • emergency financial control board: shall mean any such board established by state law for the municipality, and the term "covered organization" shall mean any such organization as defined in the act declaring that a state of financial emergency exists for such municipality. See N.Y. Local Finance Law 85.00
  • Emergency management director: means the government official responsible for emergency preparedness, response and recovery for a county, city, town, or village. See N.Y. Executive Law 20
  • Enabling sciences: shall mean those science disciplines which may be directly applied to life science research, including but not limited to, engineering, material science, chemistry, computer science, electronics, physics, bioinfomatics, nanotechnologies and applications of microelectronics and micro-electromechanical devices. See N.Y. Executive Law 209
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: shall mean the executive director of the New York state office of science, technology, and academic research. See N.Y. Executive Law 209
  • executive level officer: means a state agency officer with the authority to deploy agency assets and resources and make decisions binding a state agency. See N.Y. Executive Law 20
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fire companies: shall mean fire companies governed by the not-for-profit corporation law. See N.Y. Executive Law 155-A
  • fiscal agent: as used in this title shall mean:
    N.Y. Local Finance Law 70.00
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
  • Fund liability date: means the earlier of:
    (a) the date as of which the board first approves the fund's application to self-insure pursuant to subdivision two of section one hundred sixty-ii of this article, or
    (b)the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of section one hundred sixty-ii of this article. See N.Y. Executive Law 160-CC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hybrid firm or entity: means an entity that hires both real estate appraisers as employees to perform appraisals of real property, and engage independent contractors to perform such appraisals. See N.Y. Executive Law 160-AAAA
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • in need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. See N.Y. Mental Hygiene Law 9.01
  • in need of care and treatment: means that a person has a developmental disability and would benefit from care and treatment as a resident in a school. See N.Y. Mental Hygiene Law 15.01
  • in need of involuntary care and treatment: means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. See N.Y. Mental Hygiene Law 9.01
  • in need of involuntary care and treatment: means that a person is in need of in-patient care and treatment as a resident in a school, that such care and treatment is essential to his or her welfare, and that his or her judgment is so impaired that he or she is unable to understand the need for such care and treatment and that he or she poses a real and present risk of substantial physical harm to himself or herself or others. See N.Y. Mental Hygiene Law 15.01
  • incident management team: means a state certified team of trained personnel from different departments, organizations, agencies, and jurisdictions within the state, or a region of the state, activated to support and manage major and/or complex incidents requiring a significant number of local, regional, and state resources. See N.Y. Executive Law 20
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • joint indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the joint faith and credit of the municipal corporations or municipalities would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • joint service: means a municipal facility, service, activity or undertaking described in section one of article eight of the constitution, but shall not include any object or purpose the indebtedness for which would be subject to the limitations of paragraph a of section 150. See N.Y. Local Finance Law 15.00
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed psychologist: means a person who is registered as a psychologist under article one hundred fifty-three of the education law. See N.Y. Mental Hygiene Law 10.03
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life sciences: shall mean those science disciplines relating to the study of living organisms and vital processes. See N.Y. Executive Law 209
  • likely to result in serious harm: means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. See N.Y. Mental Hygiene Law 9.01
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local licensing authority: means the governmental agency in the state, if any, that is authorized to license a central dispatch facility. See N.Y. Executive Law 160-CC
  • Majority leader: see Floor Leaders
  • Mental abnormality: means a congenital or acquired condition, disease or disorder that affects the emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to the commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct. See N.Y. Mental Hygiene Law 10.03
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipal corporation: means a county outside the city of New York, a city, a town, a village, or a school district. See N.Y. Local Finance Law 15.00
  • Municipal corporations: shall mean a county, city, town and village. See N.Y. Executive Law 155-A
  • municipalities: shall include public corporations as defined in subdivision one of section sixty-six of the general construction law and special districts as defined in subdivision sixteen of section one hundred two of the real property tax law. See N.Y. Executive Law 151
  • Municipalities: shall mean municipal corporations. See N.Y. Executive Law 155-A
  • municipality: means a county outside the city of New York, a city, a town or a village. See N.Y. Local Finance Law 15.00
  • municipality: means a public corporation as defined in subdivision one of section sixty-six of the general construction law and a special district as defined in subdivision sixteen of section one hundred two of the real property tax law. See N.Y. Executive Law 20
  • need for retention: means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period. See N.Y. Mental Hygiene Law 9.01
  • need for retention: means that a person who has been admitted to a school pursuant to this article is in need of involuntary care and treatment in a school for a further period. See N.Y. Mental Hygiene Law 15.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • obligations: shall mean bonds, notes or other evidences of indebtedness. See N.Y. Local Finance Law 131.00
  • Office: shall mean the New York state office of science, technology and academic research. See N.Y. Executive Law 209
  • Office: means the office of mental health. See N.Y. Mental Hygiene Law 7.03
  • office: means the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: shall mean any individual, partnership, corporation, association, or public or private organization of any character, other than an agency or public corporation. See N.Y. Executive Law 145
  • Person: means an individual, partnership, corporation, or any other entity recognized under New York state law. See N.Y. Executive Law 160-AAAA
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project sponsor: shall mean any public, not-for-profit private or academic research institution or any subsidiary thereof located in the state of New York. See N.Y. Executive Law 209
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychiatric examiner: means a qualified psychiatrist or a licensed psychologist who has been designated to examine a person pursuant to this article; such designee may, but need not, be an employee of the office of mental health or the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • public corporation: shall mean and include a municipal corporation, a district corporation, or public benefit corporation except a public benefit corporation at least one of whose members is appointed by the governor. See N.Y. Executive Law 145
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 9.01
  • Qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (1) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (2) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. Mental Hygiene Law 10.03
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-A
  • Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-AAAA
  • real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-A
  • real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-AAAA
  • Real property: means the interest, benefits, and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-AAAA
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means one or more defined interests, benefits and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-A
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • released: means release, conditional release or discharge from confinement, from community supervision by the department of corrections and community supervision, or from an order of observation, commitment, recommitment or retention. See N.Y. Mental Hygiene Law 10.03
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Respondent: means a person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed, or filed by the attorney general and not dismissed, or sustained by procedures under this article. See N.Y. Mental Hygiene Law 10.03
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Secondary mortgage market participant: means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities. See N.Y. Executive Law 160-AAAA
  • Secretary: shall mean the secretary of state. See N.Y. Executive Law 159-E
  • Secretary: means the secretary of state. See N.Y. Executive Law 160-CC
  • Secure treatment facility: means a facility or a portion of a facility, designated by the commissioner, that may include a facility located on the grounds of a correctional facility, that is staffed with personnel from the office of mental health or the office for people with developmental disabilities for the purposes of providing care and treatment to persons confined under this article, and persons defined in paragraph five of subdivision (g) of this section. See N.Y. Mental Hygiene Law 10.03
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • several indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the faith and credit of a single municipal corporation or municipality would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • Sex offender requiring civil management: means a detained sex offender who suffers from a mental abnormality. See N.Y. Mental Hygiene Law 10.03
  • Sex offender requiring strict and intensive supervision: means a detained sex offender who suffers from a mental abnormality but is not a dangerous sex offender requiring confinement. See N.Y. Mental Hygiene Law 10.03
  • Sex offense: means an act or acts constituting:
    (1) any felony defined in article one hundred thirty of the penal law, including a sexually motivated felony;
    (2) patronizing a person for prostitution in the first degree as defined in section 230. See N.Y. Mental Hygiene Law 10.03
  • Sexually motivated: means that the act or acts constituting a designated felony were committed in whole or in substantial part for the purpose of direct sexual gratification of the actor. See N.Y. Mental Hygiene Law 10.03
  • solicitation: shall be deemed to have taken place whether or not a contribution is made. See N.Y. Executive Law 171-A
  • solicitation of contributions: includes any advertising which represents that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization. See N.Y. Executive Law 171-A
  • Sprinkler system: shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread. See N.Y. Executive Law 155-A
  • State certified real estate appraiser: means a person who develops and communicates real estate appraisal and who holds a current, valid certificate issued to him or her for either general or residential real estate under the provisions of this article. See N.Y. Executive Law 160-A
  • state disaster emergency: means a period beginning with a declaration by the governor that a disaster exists and ending upon the termination thereof. See N.Y. Executive Law 20
  • State licensed real estate appraiser: means a person who develops and communicates real property appraisals and who holds a current valid license issued to him or her for residential real property under the provisions of this article. See N.Y. Executive Law 160-A
  • State licensed real estate appraiser assistant: means a person who assists and is supervised by a state certified real estate appraiser and who holds a current valid license issued to him or her under the provisions of this article. See N.Y. Executive Law 160-A
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • tribal organizations: shall mean those tribes, bands or other organized groups of Indians recognized in the state or considered by the federal secretary of the interior to be an Indian tribe or an Indian organization for any purpose. See N.Y. Executive Law 159-E
  • Tripartite board: shall mean
    (a) the governing board of a private nonprofit entity selected by the entity and composed so as to assure that
    (1) one-third of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than one-third of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such one-third requirement;
    (2)
    (A) not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
    (B) each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (A) of this subparagraph resides in the neighborhood represented by the member; and
    (3) the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served; or
    (b) the governing board of a public organization, which shall have members selected by the organization and shall be composed so as to assure that not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members
    (1) are representative of low-income individuals and families in the neighborhood served;
    (2) reside in the neighborhood served; and
    (3) are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this article. See N.Y. Executive Law 159-E
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • 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
  • USPAP: means the appraisal standards promulgated by the appraisal standards board of the appraisal foundation. See N.Y. Executive Law 160-AAAA
  • Valuation: is a n estimate of the value of real estate or real property. See N.Y. Executive Law 160-A
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.