Title 2 Berkshire Industrial Farm

Terms Used In New York Laws > Social Services > Article 9-A - Berkshire Industrial Farm

  • Absconding: means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's assigned community supervision officer or area bureau office and to notify his or her assigned community supervision officer or area bureau office of a change in residence, and reasonable efforts by the assigned community supervision officer to re-engage the releasee have been unsuccessful. See N.Y. Executive Law 259
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: means the state fire administrator established pursuant to article six-C of this chapter. See N.Y. Executive Law 372
  • 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 board: means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section. See N.Y. Executive Law 261
  • 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.
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved amendment: means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs. See N.Y. Executive Law 261
  • Approved plan: means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision. See N.Y. Executive Law 261
  • Areas of public assembly: means all buildings or portions of buildings used for gathering together fifty or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom. See N.Y. Executive Law 372
  • 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • Board: means the state board of parole. See N.Y. Executive Law 259
  • Board: shall mean the board of directors of the institute. See N.Y. Executive Law 321
  • board: means a community services board for services to individuals with mental illness and developmental disabilities, those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence. See N.Y. Mental Hygiene Law 41.03
  • Building: means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. See N.Y. Executive Law 372
  • capital costs: means the costs of a local government, a voluntary agency, or the facilities development corporation with respect to the acquisition of real property estates, interests, and cooperative interests in realty, their design, construction, reconstruction, rehabilitation and improvement, original furnishings and equipment, site development, and appurtenances of a local facility. See N.Y. Mental Hygiene Law 41.03
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certified business: shall mean a business verified as a minority or women-owned business enterprise pursuant to section three hundred fourteen of this article. See N.Y. Executive Law 310
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • citizenship or immigration status: means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. See N.Y. Executive Law 292
  • code: means the New York state uniform fire prevention and building code promulgated pursuant to section three hundred seventy-seven of this article. See N.Y. Executive Law 372
  • commercial space: means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof. See N.Y. Executive Law 292
  • Commissioner: means the commissioner of the department of corrections and community supervision. See N.Y. Executive Law 259
  • Commissioner: shall mean the commissioner of the department of economic development. See N.Y. Executive Law 310
  • Commissioner: shall mean the commissioner of children and family services, designated as the head of the office of children and family services by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
  • Commissioner: means the commissioner of the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
  • Community supervision: means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole. See N.Y. Executive Law 259
  • community support services: means clinical, social, rehabilitative and other mental health services, programs and related administrative activities designed to enhance the community living skills and prevent the unnecessary hospitalization of the seriously impaired, chronically mentally ill population, who are eligible to receive services pursuant to section 41. See N.Y. Mental Hygiene Law 41.03
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: shall mean the erection, acquisition, alteration, reconstruction, rehabilitation, improvement, equipping, enlargement or extension of a life sciences and/or enabling sciences facility, including land acquisition and the engineering, architectural, legal, fiscal and economic investigations, studies, surveys, designs, plans, drawings, specifications, procedures and other actions relating to a life science or enabling science facility. See N.Y. Executive Law 209
  • Construction: means the construction, reconstruction, alteration, conversion, repair, installation of equipment or use of buildings, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See N.Y. Executive Law 372
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting agency: shall mean a state agency which is a party or a proposed party to a state contract or, in the case of a state contract described in paragraph (c) of subdivision thirteen of this section, shall mean the New York state housing finance agency, housing trust fund corporation or affordable housing corporation, whichever has made or proposes to make the grant or loan for the state assisted housing project. See N.Y. Executive Law 310
  • Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 310
  • 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.
  • Council: means the state fire prevention and building code council created by this article. See N.Y. Executive Law 372
  • County executive: means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor. See N.Y. Executive Law 261
  • credit: when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right. See N.Y. Executive Law 292
  • credit reporting bureau: when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined by subdivision e of section three hundred seventy-one of the general business law. See N.Y. Executive Law 292
  • creditor: when used in this article, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. See N.Y. Executive Law 292
  • Crisis intervention services: means the continuum to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness, resiliency, and recovery oriented. See N.Y. Mental Hygiene Law 36.03
  • Crisis residential services: means a short-term residential program designed to provide residential and support services to persons with symptoms of mental illness who are at risk of or experiencing a psychiatric crisis. See N.Y. Mental Hygiene Law 36.03
  • Crisis stabilization centers: means facilities providing short-term observation and crisis stabilization services jointly licensed by the office of mental health and the office of addiction services and supports under section 36. See N.Y. Mental Hygiene Law 36.03
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day of religious observance: means any day or portion thereof on which a religious observance imposes a substantial burden on any test subject's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a sabbath or other holy day or days in accordance with the requirements of his or her religion. See N.Y. Executive Law 328
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of corrections and community supervision. See N.Y. Executive Law 259
  • Department: means the department of state. See N.Y. Executive Law 372
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • director: shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services. See N.Y. Executive Law 240
  • Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
  • director: means the director of community services, who is the chief executive officer of a local governmental unit, by whatever title known. See N.Y. Mental Hygiene Law 41.03
  • disability: means
    (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or
    (b)a record of such an impairment or
    (c)a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held. See N.Y. Executive Law 292
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • discrimination: shall include segregation and separation. See N.Y. Executive Law 292
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Diversity practices: shall mean the contractor's practices and policies with respect to:
    (a) utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation, as subcontractors and suppliers; and
    (b) entering into partnerships, joint ventures or other similar arrangements with certified minority and women-owned business enterprises as defined in this article or other applicable statute or regulation governing an entity's utilization of minority or women-owned business enterprises. See N.Y. Executive Law 310
  • division: means the state division of human rights created by this article. See N.Y. Executive Law 292
  • educational institution: shall mean :
    (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law; or
    (b) any for-profit entity that operates a college, university, licensed private career school or certified English as a second language school which holds itself out to the public to be non-sectarian and which is not exempt from taxation pursuant to the provisions of article four of the real property tax law; or
    (c) any public school, including any school district, board of cooperative educational services, public college or public university. See N.Y. Executive Law 292
  • Eligible alcohol and substance abuse programs: means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. See N.Y. Executive Law 261
  • Eligible programs: means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. See N.Y. Executive Law 261
  • Emergency services: means immediate physical examination, assessment, care and treatment of an incapacitated person for the purpose of confirming that the person is, and continues to be, incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others. See N.Y. Mental Hygiene Law 22.09
  • employer: shall include all employers within the state. See N.Y. Executive Law 292
  • employment agency: includes any person undertaking to procure employees or opportunities to work. See N.Y. Executive Law 292
  • 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.
  • Equipment: means plumbing, heating, electrical, ventilating, air conditioning, refrigerating equipment, elevators, dumb waiters, escalators and other mechanical additions or installations. See N.Y. Executive Law 372
  • 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
  • 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
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • familial status: when used in this article, means:
    (a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or
    (b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
    (1) a parent or another person having legal custody of such individual or individuals, or
    (2) the designee of such parent. See N.Y. Executive Law 292
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fire area: means the floor area of a story of a building within exterior walls, party walls, fire walls, or any combination thereof. See N.Y. Executive Law 372
  • Fire protection equipment and systems: means apparatus, assemblies, or systems, either portable or fixed, for use to detect, prevent, control, or extinguish fire. See N.Y. Executive Law 372
  • 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.
  • Flag: shall mean the flag of the United States of America. See N.Y. Executive Law 401
  • Forbearance: A means of handling a delinquent loan. A
  • Fraud: Intentional deception resulting in injury to another.
  • gender identity or expression: means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. See N.Y. Executive Law 292
  • Genetic test: shall mean a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic. See N.Y. Executive Law 292
  • 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,
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • hearing examiner: means an employee of the division who shall be assigned for stated periods to no other work than the conduct of hearings under this article;
    N.Y. Executive Law 292
  • housing accommodation: includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. See N.Y. Executive Law 292
  • Inappropriate incarceration: means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration. See N.Y. Executive Law 261
  • Incapacitated: means that a person, as a result of the use of alcohol and/or substances, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment. See N.Y. Mental Hygiene Law 22.09
  • 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.
  • Institute: shall mean the New York state Martin Luther King, Jr. See N.Y. Executive Law 321
  • 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
  • Intoxicated or impaired person: means a person whose mental or physical functioning is substantially impaired as a result of the presence of alcohol and/or substances in his or her body. See N.Y. Mental Hygiene Law 22.09
  • 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.
  • labor organization: includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment. See N.Y. Executive Law 292
  • Large county: shall mean a county having a population in excess of two hundred eighty-five thousand according to the most recent federal decennial census, provided however, that a county having a population in excess of two hundred eighty-five thousand according to the nineteen hundred eighty federal decennial census shall continue to be a large county thereafter notwithstanding a later census showing a population of less than two hundred eighty-five thousand for such county. See N.Y. Executive Law 310
  • lawful source of income: shall include , but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. See N.Y. Executive Law 292
  • 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
  • Lessee: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a lease with a state agency as defined in subdivision eleven of this section, or a respondent in conjunction with the award of such a lease or a proposed lessee with a state agency as defined in subdivision eleven of this section. See N.Y. Executive Law 310
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensing examination: means any test or examination that is given in New York and used to determine whether an applicant will be licensed, certified, admitted, or otherwise permitted to practice any profession, business, trade, activity, or pursuit. See N.Y. Executive Law 328
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: shall include all county, city, town and village governing bodies, all other public corporations, special districts and school districts in the state. See N.Y. Executive Law 401
  • local facility: means a facility offering local services and includes a community mental health and developmental disabilities facility as defined in section three of the facilities development corporation act and, for the purposes of this article, a mental hygiene facility, as defined in said section, to be made available for use in providing local services under lease, sublease, license or permit from the facilities development corporation to one or more local governmental units or to a voluntary agency at the request of a commissioner of an office in the department. See N.Y. Mental Hygiene Law 41.03
  • Local government: means a village, town (outside the area of any incorporated village) or city. See N.Y. Executive Law 372
  • local government: means a county, except a county within the city of New York, and the city of New York. See N.Y. Mental Hygiene Law 41.03
  • local governmental unit: means the unit of local government given authority in accordance with this chapter by local government to provide local services. See N.Y. Mental Hygiene Law 41.03
  • local services: includes services for individuals with mental illness or developmental disabilities whose conditions, including but not limited to cerebral palsy and epilepsy, are associated with mental disabilities, and those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence, which are provided by a local government or by a voluntary agency pursuant to a contract with a local governmental unit or the office of mental health. See N.Y. Mental Hygiene Law 41.03
  • local services plan: means the plan of local services which is submitted by a local governmental unit and approved by the commissioner pursuant to section 41. See N.Y. Mental Hygiene Law 41.03
  • Local youth bureau: shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city. See N.Y. Executive Law 412
  • Majority leader: see Floor Leaders
  • Means of egress: means a continuous unobstructed way of exit from any point in a building or structure to a public way. See N.Y. Executive Law 372
  • Metropolitan area: shall mean a city with a population of one million or more and a county having a population in excess of one million and immediately contiguous to such city. See N.Y. Executive Law 310
  • military status: when used in this article means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law. See N.Y. Executive Law 292
  • Minority group member: shall mean a United States citizen or permanent resident noncitizen who is and can demonstrate membership in one of the following groups:
    (a) Black persons having origins in any of the Black African racial groups;
    (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
    (c) Native American or Alaskan native persons having origins in any of the original peoples of North America. See N.Y. Executive Law 310
  • Minority leader: See Floor Leaders
  • Minority-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
    (a) at least fifty-one percent owned by one or more minority group members;
    (b) an enterprise in which such minority ownership is real, substantial and continuing;
    (c) an enterprise in which such minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
    (d) an enterprise authorized to do business in this state and independently owned and operated;
    (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
    (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
  • Mobile crisis teams: means a team licensed, certified, or authorized by the office of mental health and the office of addiction services and supports to provide community-based mental health or substance use disorder interventions for individuals who are experiencing a mental health or substance use disorder crisis. See N.Y. Mental Hygiene Law 36.03
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal youth bureau: shall mean either:
    N.Y. Executive Law 412
  • Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 412
  • necessary party: means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding. See N.Y. Executive Law 292
  • net operating costs: means operating costs from which have been deducted the following:
    (a) revenues for operating costs received from other state agencies or another local government pursuant to an agreement to purchase local services. See N.Y. Mental Hygiene Law 41.03
  • Non-technical violation: means :
    (a) the commission of a new felony or misdemeanor offense; or
    (b) conduct by a releasee who is serving a sentence for an offense defined in article 130 of the penal law or section 255. See N.Y. Executive Law 259
  • NSPL: means the national network of local crisis centers that provide free and confidential emotional support to people in suicidal crisis or emotional distress twenty-four hours a day, seven days a week via a toll-free hotline number, which receives calls made through the 9-8-8 system. See N.Y. Mental Hygiene Law 36.03
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: shall mean the New York state office of science, technology and academic research. See N.Y. Executive Law 209
  • Office: means the office of probation and correctional alternatives. See N.Y. Executive Law 261
  • Office: shall mean the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
  • Office: means the office of fire prevention and control created pursuant to article six-C of this chapter. See N.Y. Executive Law 372
  • Office: shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
  • Office: means the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
  • operating costs: means expenditures, excluding capital costs, incurred in the operation and maintenance of the community mental health, developmental disabilities, and alcoholism services board and of local facilities in accordance with this article and the regulations of the commissioner, by a local government or by a voluntary agency pursuant to a contract with a local governmental unit. See N.Y. Mental Hygiene Law 41.03
  • organized militia of the state: when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard. See N.Y. Executive Law 292
  • Oversight: Committee review of the activities of a Federal agency or program.
  • parties to the proceeding: means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article. See N.Y. Executive Law 292
  • 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: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See N.Y. Executive Law 292
  • Personal net worth: shall mean the aggregate adjusted net value of the assets of an individual remaining after total liabilities are deducted. See N.Y. Executive Law 310
  • Personal property: All property that is not real property.
  • plan: means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. See N.Y. Executive Law 261
  • 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.
  • 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.
  • Predisposing genetic characteristic: shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability. See N.Y. Executive Law 292
  • pregnancy-related condition: means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. See N.Y. Executive Law 292
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • 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
  • protective hairstyles: shall include , but not be limited to, such hairstyles as braids, locks, and twists. See N.Y. Executive Law 292
  • publicly-assisted housing accommodations: shall include all housing accommodations within the state of New York in
    (a) public housing,
    (b) housing operated by housing companies under the supervision of the commissioner of housing,
    (c) housing constructed after July first, nineteen hundred fifty, within the state of New York
    (1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
    (2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine,
    (3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or
    (4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance,
    (d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
    (e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof. See N.Y. Executive Law 292
  • Quorum: The number of legislators that must be present to do business.
  • real estate broker: means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other incumbrance upon or transfer of real estate. See N.Y. Executive Law 292
  • real estate salesperson: means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker. See N.Y. Executive Law 292
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reasonable accommodation: means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested. See N.Y. Executive Law 292
  • 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
  • regulated creditor: when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the department of financial services or which is otherwise subject to the supervision of the department of financial services. See N.Y. Executive Law 292
  • Releasee: means an individual released from an institution under the jurisdiction of the department into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole. See N.Y. Executive Law 259
  • 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.
  • Research development program: shall mean the program established by section two hundred nine-p of this article to encourage and enhance the economic development role of academic institutions in New York state. See N.Y. Executive Law 209
  • reserve armed forces: when used in this article, means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve. See N.Y. Executive Law 292
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means the secretary of state. See N.Y. Executive Law 372
  • 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.
  • sexual orientation: means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. See N.Y. Executive Law 292
  • State agency: shall mean
    (a)(i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of section seventy-three of the public officers law;
    (b) a "state authority" as defined in subdivision one of section two of the public authorities law, and the following:

    Albany County Airport Authority;

    Albany Port District Commission;

    Alfred, Almond, Hornellsville Sewer Authority;

    Battery Park City Authority;

    Cayuga County Water and Sewer Authority;

    (Nelson A. See N.Y. Executive Law 310

  • State agency: means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of whose board is appointed by the governor. See N.Y. Executive Law 372
  • State aid: shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article. See N.Y. Executive Law 412
  • State assisted housing project: shall mean , for such projects which receive from the New York state housing finance agency, the affordable housing corporation, the housing trust fund corporation or the division of housing and community renewal a grant or loan for all or part of the total project cost:
    (a) a "permanent housing project for homeless families" or "project" as defined in subdivision five of section sixty-four of the private housing finance law;
    (b) a "project" as defined in subdivision twelve of section one thousand one hundred one of the private housing finance law provided said project is located in a large county and consists of more than twelve residential units at a single site;
    (c) "affordable home ownership development programs" or "project" as defined in subdivision eight of section one thousand one hundred eleven of the private housing finance law provided said project is located in a metropolitan area as herein defined and consists of more than twelve residential units at a single site;
    (d) a "turnkey/enhanced rental project" or "project" as defined in subdivision two of section one thousand one hundred six-a of the private housing finance law;
    (e) "infrastructure improvements" as defined in subdivision two of section one thousand one hundred thirty-one of the private housing finance law, to the extent that such "infrastructure improvements" are applied for in connection with a state assisted housing project as defined in paragraphs (a) through (d) of this subdivision and provided further that the applicant for such infrastructure improvements and for such state assisted housing project are identical. See N.Y. Executive Law 310
  • State contract: shall mean :
    (a) a written agreement or purchase order instrument, providing for a total expenditure in excess of twenty-five thousand dollars, whereby a contracting agency is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or any combination of the foregoing, to be performed for, on behalf of, or rendered or furnished to the contracting agency;
    (b) a written agreement in excess of one hundred thousand dollars whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and
    (c) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Executive Law 310
  • Statewide advocate: shall mean the person appointed by the director to serve in the capacity of the minority and women-owned business enterprise statewide advocate and procurement ombudsman. See N.Y. Executive Law 310
  • 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.
  • Subcontract: shall mean an agreement providing for a total expenditure in excess of twenty-five thousand dollars for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major repair, renovation, planning or design of real property or improvements thereon for the beneficial use of the contractor. See N.Y. Executive Law 310
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: when used in this article, means the head of the department of financial services appointed pursuant to section two hundred two of the financial services law. See N.Y. Executive Law 292
  • Technical violation: means any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law. See N.Y. Executive Law 259
  • Temporary greenhouse: means specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. See N.Y. Executive Law 372
  • 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.
  • Test subject: means an individual to whom a test or examination is administered. See N.Y. Executive Law 328
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment facility: means a facility designated by the commissioner which may only include a general hospital as defined in article twenty-eight of the public health law, or a medically managed or medically supervised withdrawal, inpatient rehabilitation, or residential stabilization treatment program that has been certified by the commissioner to have appropriate medical staff available on-site at all times to provide emergency services and continued evaluation of capacity of individuals retained under this section or a crisis stabilization center licensed pursuant to article 36. See N.Y. Mental Hygiene Law 22.09
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truss type construction: means a fabricated structure of wood or steel, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. See N.Y. Executive Law 372
  • Trustee: A person or institution holding and administering property in trust.
  • unlawful discriminatory practice: includes only those practices specified in sections two hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of this article. See N.Y. Executive Law 292
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Utilization plan: shall mean a plan prepared by a contractor and submitted in connection with a proposed state contract. See N.Y. Executive Law 310
  • voluntary agency: means a corporation organized or existing pursuant to the not-for-profit corporation law for the purpose of providing local services. See N.Y. Mental Hygiene Law 41.03
  • Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
    (a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
    (b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
    (c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
    (d) an enterprise authorized to do business in this state and independently owned and operated;
    (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
    (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Youth: shall mean any person under twenty-one years of age. See N.Y. Executive Law 412
  • Youth development program: shall mean a local program designed to accomplish the broad purposes of this article subject to the rules and regulations of the office; provided however, the term "youth development program" shall not include approved runaway programs or transitional independent living support programs as such terms are defined in section five hundred thirty-two-a of this chapter. See N.Y. Executive Law 412