§ 401 Registration of motor vehicles; fees; renewals
§ 401-A In-transit permits
§ 401-B Registration of tow trucks
§ 402 Distinctive number; form of number plates; trailers
§ 402-A Facsimile license plates
§ 403 Number plates continued
§ 403-A Temporary indicia of registration
§ 403-B Sales of special number or distinctive license plates by certain dealers
§ 404 Issuance of special number plates
§ 404-A Registration of motor vehicles of severely disabled persons
§ 404-AA Distinctive plates for members of the Catholic War Veterans of America
§ 404-B Distinctive plates for volunteer firefighters
§ 404-BB Distinctive Cystic Fibrosis Foundation license plates
§ 404-C Distinctive plates for former prisoners of war
§ 404-CC Distinctive “Cure Childhood Cancer” plates
§ 404-D Distinctive plates for members of the organized militia and reserve
§ 404-DD Distinctive plates for members of AMVETS
§ 404-DD*2 Mental illness anti-stigma license plates
§ 404-E Distinctive plates for purple heart recipients
§ 404-EE Distinctive “West Indian American Day Carnival” license plates
§ 404-EE*2 Distinctive Down's syndrome awareness license plates
§ 404-EE*3 Distinctive “September eleventh, two thousand one remembrance” license plates
§ 404-EE*4 Distinctive “Jamaican bobsled team” number plates
§ 404-F Distinctive plates for members of volunteer ambulance services
§ 404-G Distinctive plates bearing the words “Birthplace of Baseball”
§ 404-H Distinctive plates for members of the Jewish War Veterans of America
§ 404-I Distinctive plates for gold star mothers
§ 404-J Registration and issuance of special number plates for veterans who survived the Pearl Harbor attack
§ 404-K Distinctive plates for Marine Corps League members
§ 404-L Distinctive regional design plates
§ 404-M Distinctive license plates commemorating the World University Games
§ 404-N Issuance of distinctive conservation plates
§ 404-O Distinctive “Olympic Spirit” license plates
§ 404-OO Deposit of service charges for distinctive license plates
§ 404-P Distinctive “Animal Population Control Fund” license plates
§ 404-P*2 Distinctive plates for congressional medal of honor recipients
§ 404-Q Distinctive “drive for the cure” license plates
§ 404-Q*2 Distinctive plates for the council on the arts
§ 404-R Distinctive “foreign organization” license plates
§ 404-R*2 Distinctive plates for New York state licensed dentists who are members of the New York State Dental Association
§ 404-S Issuance of distinctive “I Love New York” plates
§ 404-S*2 Issuance of distinctive plates for agriculture
§ 404-S*3 Distinctive “drive out diabetes” license plates
§ 404-S*4 Distinctive plates for the Saratoga national cemetery honor guard association
§ 404-T Distinctive marine and coastal district of New York license plates
§ 404-T*2 Distinctive conserve habitat license plates
§ 404-T*3 Distinctive “peace at home” license plates
§ 404-U Distinctive “keep kids drug free” license plates
§ 404-U*2 Distinctive “national multiple sclerosis society” license plates
§ 404-U*3 Distinctive gift of life license plates
§ 404-U*4 Distinctive “Erie canal” license plates
§ 404-V Distinctive plates for water rescue team members
§ 404-V*2 Distinctive plates for the United States Naval Armed Guard
§ 404-V*3 Distinctive plates for the arts and cultural institutions and museums
§ 404-V*4 Distinctive plates for members of the Eighth Air Force Historical Society
§ 404-V*5 Issuance of distinctive “Discover Queens” license plates
§ 404-V*6 Distinctive autism awareness license plates
§ 404-V*7 Distinctive “Love your library” plates
§ 404-W Distinctive plates for war on terror veterans
§ 404-W*2 Distinctive plates for Persian Gulf veterans
§ 404-X Distinctive “Ducks Unlimited” license plates
§ 404-Y Distinctive plates for veterans of the Iraq War and veterans of the Afghanistan War
§ 404-Y*2 Distinctive “Appalachian Trail” license plates
§ 404-Y*3 Distinctive plates for members of the Kiwanis International
§ 404-Y*4 Distinctive plates for conspicuous service cross recipients
§ 404-Y*5 Distinctive lupus awareness license plates
§ 404-Y*6 Distinctive sickle cell disease awareness license plates
§ 404-Z Distinctive “Elks Association” license plates

Terms Used In New York Laws > Vehicle and Traffic > Title 4 > Article 14 - Registration of Motor Vehicles

  • Account owner: shall mean a person who opens a savings account pursuant to the provisions of section 529A of the Internal Revenue Code, as amended, or any regulations promulgated thereunder. See N.Y. Mental Hygiene Law 84.03
  • activities of daily living: means activities such as, but not limited to, mobility, eating, toileting, dressing, grooming, housekeeping, cooking, shopping, money management, banking, driving or using public transportation, and other activities related to personal needs and to property management. See N.Y. Mental Hygiene Law 81.03
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
  • adult: means an individual eighteen years of age or older. See N.Y. Mental Hygiene Law 82.02
  • advance directive: means a legally recognized written or oral instruction by an adult relating to the provision of health care to the adult if and when they become incapacitated, including but not limited to a health care proxy, a consent to the issuance of an order not to resuscitate or other orders for life-sustaining treatment recorded in a patient's medical record, or other legally-recognized statements of wishes or beliefs. See N.Y. Mental Hygiene Law 82.02
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means :

    (1) a person that directly or indirectly owns, controls or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (i) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (ii) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (2) a corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote, by the debtor or a person that directly or indirectly owns, controls or holds, with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (i) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (ii) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (3) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

    (4) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See N.Y. Debtor and Creditor Law 270
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appropriate board of elections: means the board of elections in whose jurisdiction the military voter resides as a qualified voter. See N.Y. Election Law 10-102
  • 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.
  • Asset: means property of a debtor, but the term does not include:

    (1) property to the extent it is encumbered by a valid lien;

    (2) property to the extent it is generally exempt under non-bankruptcy law; or

    (3) an interest in property held in tenancy by the entirety to the extent it is not subject to process by a creditor holding a claim against only one tenant. See N.Y. Debtor and Creditor Law 270
  • 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.
  • available resources: means resources such as, but not limited to, visiting nurses, homemakers, home health aides, adult day care and multipurpose senior citizen centers, powers of attorney, health care proxies, trusts, representative and protective payees, and residential care facilities. See N.Y. Mental Hygiene Law 81.03
  • 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.
  • 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
  • benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
  • Bequest: Property gifted by will.
  • Best interests: means promoting personal well-being by the assessment of the risks, benefits and alternatives to the patient of a proposed major medical treatment, taking into account factors including the relief of suffering, the preservation or restoration of functioning, improvement in the quality of the patient's life with and without the proposed major medical treatment and consistency with the personal beliefs and values known to be held by the patient. See N.Y. Mental Hygiene Law 80.03
  • 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
  • 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.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured. See N.Y. Debtor and Creditor Law 270
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commission: means the commission on quality of care and advocacy for persons with disabilities. See N.Y. Mental Hygiene Law 80.03
  • 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
  • Commissioner: means the commissioner of the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
  • Commissioner: means the commissioner of mental health or the commissioner of developmental disabilities. See N.Y. Mental Hygiene Law 10.03
  • 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.
  • 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.
  • 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.
  • 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 § 2 of the correction law. See N.Y. Mental Hygiene Law 10.03
  • Correspondent: means a person who has demonstrated a genuine interest in promoting the best interests of the patient by having a personal relationship with the patient, by participating in the patient's care and treatment, by regularly visiting the patient, or by regularly communicating with the patient. See N.Y. Mental Hygiene Law 80.03
  • 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.
  • Creditor: means a person that has a claim. See N.Y. Debtor and Creditor Law 270
  • 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.
  • 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
  • Debt: means liability on a claim. See N.Y. Debtor and Creditor Law 270
  • Debtor: means a person that is liable on a claim. See N.Y. Debtor and Creditor Law 270
  • Decedent: A deceased person.
  • decision-maker: means an adult who has executed, or seeks to execute, a supported decision-making agreement. See N.Y. Mental Hygiene Law 82.02
  • Declarant: means a person who submits a declaration pursuant to the provisions of this article and may include any provider of health services, the director of the patient's residential facility or a relative or correspondent of the patient. See N.Y. Mental Hygiene Law 80.03
  • Declaration: means a written statement submitted in accordance with section 80. See N.Y. Mental Hygiene Law 80.03
  • 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.
  • 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 beneficiary: shall mean , with respect to an account or accounts, any individual who is an "eligible individual" as defined under paragraph (1) of subsection (e) of section 529A of the Internal Revenue Code of 1986, as amended, or any regulations promulgated thereunder and whose qualified expenses are expected to be paid from the account or accounts. See N.Y. Mental Hygiene Law 84.03
  • 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 § 402 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: 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
  • director: means the director of the United States veterans' administration or his successor. See N.Y. Mental Hygiene Law 79.01
  • 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
  • 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:
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Debtor and Creditor Law 270
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • 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
  • 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
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • facilitator: means an individual or entity authorized by the office for people with developmental disabilities that works with and educates the decision-maker and his or her supporter or supporters about supported decision-making and supported decision-making agreements authorized under this article. See N.Y. Mental Hygiene Law 82.02
  • facility: means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1. See N.Y. Mental Hygiene Law 81.03
  • 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.
  • financial exploitation: has the meaning given in § 473 of the social services law. See N.Y. Mental Hygiene Law 82.02
  • financial organization: means an organization authorized to do business in the state of New York and which: (a) is licensed or chartered by the department of financial services; (b) is licensed or chartered by an agency of the federal government; or (c) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government. See N.Y. Mental Hygiene Law 84.03
  • 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.
  • 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.
  • functional level: means the ability to provide for personal needs and/or the ability with respect to property management. See N.Y. Mental Hygiene Law 81.03
  • functional limitations: means behavior or conditions of a person which impair the ability to provide for personal needs and/or property management. See N.Y. Mental Hygiene Law 81.03
  • Genetic surrogate: shall mean a person who gives birth to a child who is the person's genetic child pursuant to a genetic surrogate parenting agreement. See N.Y. Domestic Relations Law 121
  • Genetic surrogate parenting agreement: shall mean any agreement, oral or written, in which:

    (a) a genetic surrogate agrees either to be inseminated with the sperm of a person who is not their spouse or to be impregnated with an embryo that is the product of the genetic surrogate's ovum fertilized with the sperm of a person who is not their spouse; and

    (b) the genetic surrogate agrees to, or intends to, surrender or consent to the adoption of the child born as a result of such insemination or impregnation. See N.Y. Domestic Relations Law 121
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good faith: means honest in fact and in the observance of reasonable standards of fair dealing. See N.Y. Mental Hygiene Law 82.02
  • 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.
  • guardian: means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate's court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management. See N.Y. Mental Hygiene Law 81.03
  • 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.
  • 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
  • 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
  • income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
  • 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.
  • Insider: includes :

    (1) if the debtor is an individual:

    (i) a relative of the debtor or of a general partner of the debtor;

    (ii) a partnership in which the debtor is a general partner;

    (iii) a general partner in a partnership described in subparagraph (ii) of this paragraph; or

    (iv) a corporation of which the debtor is a director, officer, or person in control;

    (2) if the debtor is a corporation:

    (i) a director of the debtor;

    (ii) an officer of the debtor;

    (iii) a person in control of the debtor;

    (iv) a partnership in which the debtor is a general partner;

    (v) a general partner in a partnership described in subparagraph (iv) of this paragraph; or

    (vi) a relative of a general partner, director, officer or person in control of the debtor;

    (3) if the debtor is a partnership:

    (i) a general partner in the debtor;

    (ii) a relative of a general partner in, a general partner of or a person in control of the debtor;

    (iii) another partnership in which the debtor is a general partner;

    (iv) a general partner in a partnership described in subparagraph (iii) of this paragraph; or

    (v) a person in control of the debtor;

    (4) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

    (5) a managing agent of the debtor. See N.Y. Debtor and Creditor Law 270
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • 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
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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
  • least restrictive form of intervention: means that the powers granted by the court to the guardian with respect to the incapacitated person represent only those powers which are necessary to provide for that person's personal needs and/or property management and which are consistent with affording that person the greatest amount of independence and self-determination in light of that person's understanding and appreciation of the nature and consequences of his or her functional limitations. See N.Y. Mental Hygiene Law 81.03
  • Lending Institution: means the original lender under the loan agreement or participants therein and its successors and assigns, and may include a banking institution, insurance company, foundation, labor union, employers association, trustees, fiduciaries or any combination of the foregoing. See N.Y. Mental Hygiene Law 75.05
  • 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.
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See N.Y. Debtor and Creditor Law 270
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 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
  • major medical or dental treatment: means a medical, surgical or diagnostic intervention or procedure where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period, or which involves the administration of psychotropic medication or electroconvulsive therapy; it does not include any routine diagnosis or treatment such as the administration of medications other than chemotherapy for non-psychiatric conditions or nutrition or the extraction of bodily fluids for analysis; dental care performed with a local anesthetic; and any procedures which are provided under emergency circumstances, pursuant to § 2504 of the public health law. See N.Y. Mental Hygiene Law 81.03
  • Major medical treatment: means a medical, surgical or diagnostic intervention or procedures where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation or having a significant recovery period. See N.Y. Mental Hygiene Law 80.03
  • Majority leader: see Floor Leaders
  • Management contract: shall mean the contract executed by the comptroller and a financial organization selected to act as a depository and manager of the program. See N.Y. Mental Hygiene Law 84.03
  • 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
  • mental hygiene facility: means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1. See N.Y. Mental Hygiene Law 81.03
  • Military address: means the mailing address of a military voter other than his residence address in his election district. See N.Y. Election Law 10-102
  • Military ballot: means the ballot prepared, printed and supplied for use by the military voter for a general election, primary election or special election. See N.Y. Election Law 10-102
  • Military service: means the military service of the state, or of the United States, including the army, navy, marine corps, air force, coast guard, merchant marine and all components thereof, and the coast and geodetic survey, the public health service, the national guard when in the service of the United States pursuant to call as provided by law, and the cadets or midshipmen of the United States Military Academy, United States Naval Academy, United States Air Force Academy and United States Coast Guard Academy. See N.Y. Election Law 10-102
  • Military voter: means a qualified voter of the state of New York who is in the actual military service, as defined in the preceding paragraph of this section, and by reason of such military service is absent from his election district of residence on the day of registration or election, or a voter who is discharged from such military service within thirty days of an election and the spouse, parent, child or dependent of such voter accompanying or being with him or her, if a qualified voter and a resident of the same election district. See N.Y. Election Law 10-102
  • minister: when used in this article, shall include those defined in § 2 of the religious corporations law. See N.Y. Domestic Relations Law 11
  • Minority leader: See Floor Leaders
  • 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.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • neglect: has the meaning defined in paragraph (d) of subdivision one of § 473 of the social services law. See N.Y. Mental Hygiene Law 82.02
  • 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
  • Nonqualified withdrawal: shall mean a withdrawal from an account for other than a qualified expense, or a withdrawal made as the result of the death or disability of the designated beneficiary of an account. See N.Y. Mental Hygiene Law 84.03
  • 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
  • NY ABLE account: shall mean an individual savings account established in accordance with the provisions of section 529A of the Internal Revenue Code. See N.Y. Mental Hygiene Law 84.03
  • 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: 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
  • 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
  • Organization: means a person other than an individual. See N.Y. Debtor and Creditor Law 270
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Panel: means a subcommittee of four members of the surrogate decision-making committee. See N.Y. Mental Hygiene Law 80.03
  • 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: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal or commercial entity. See N.Y. Debtor and Creditor Law 270
  • person: includes a partnership, corporation, or an association. See N.Y. Mental Hygiene Law 79.01
  • personal needs: means needs such as, but not limited to, food, clothing, shelter, health care, and safety. See N.Y. Mental Hygiene Law 81.03
  • Personal property: All property that is not real property.
  • physical coercion: means to place under duress, menace, or threaten physical violence or imprisonment. See N.Y. Mental Hygiene Law 82.02
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Mental Hygiene Law 84.03
  • Property: means anything that may be the subject of ownership. See N.Y. Debtor and Creditor Law 270
  • property management: means taking actions to obtain, administer, protect, and dispose of real and personal property, intangible property, business property, benefits, and income and to deal with financial affairs. See N.Y. Mental Hygiene Law 81.03
  • 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified expenses: shall mean any qualified disability expense included in paragraph (5) of subsection (e) of section 529A of the Internal Revenue Code of 1986, as amended, or any regulations promulgated thereunder. See N.Y. Mental Hygiene Law 84.03
  • 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 property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Debtor and Creditor Law 270
  • 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
  • Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See N.Y. Debtor and Creditor Law 270
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Mental Hygiene Law 84.03
  • 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.
  • 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 § 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
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supported decision-making: means a way by which a decision-maker utilizes support from trusted persons in their life, in order to make their own decisions about their life, including, but not limited to, decisions related to where and with whom the decision-maker wants to live; decisions about finances; the services, supports, and health care the decision-maker wants to receive; and where the decision-maker wants to work. See N.Y. Mental Hygiene Law 82.02
  • supported decision-making agreement: is a n agreement a decision-maker enters into with one or more supporters under this section that describes how the decision-maker uses supported decision-making to make their own decisions. See N.Y. Mental Hygiene Law 82.02
  • supporter: means an adult who has voluntarily entered into a supported decision-making agreement with a decision-maker, agreeing to assist the decision-maker in making their own decisions as prescribed by the supported decision-making agreement, and who is not ineligible under section 82. See N.Y. Mental Hygiene Law 82.02
  • Surrogate decision-making committee: means a committee of at least twelve persons established pursuant to section 80. See N.Y. Mental Hygiene Law 80.03
  • 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.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • 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.
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See N.Y. Debtor and Creditor Law 270
  • Treatment facility: means a facility designated by the commissioner which may only include a general hospital as defined in Article 28 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.
  • Trustee: A person or institution holding and administering property in trust.
  • undue influence: means moral or mental coercion that leads someone to carry out the wishes of another instead of their own because they are unable to refuse or resist. See N.Y. Mental Hygiene Law 82.02
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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.
  • 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
  • ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.