N.Y. Public Authorities Law 2350-B – Definitions
* § 2350-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context:
Terms Used In N.Y. Public Authorities Law 2350-B
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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
- 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
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. "Agency" means the corporation created by section twenty-three hundred fifty-c of this title.
2. "Bonds" means the bonds, notes or other evidences of indebtedness issued by the agency pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise requires.
3. "Civil service law" means the civil service law of the state.
4. "John P. Cohalen court complex" means the John P. Cohalen court complex, Islip, Suffolk county.
5. "Comptroller" means the comptroller of the state.
6. "Construct", "Construction" or "Constructed" means the acquisition, erection, building, alteration, improvement, increase, enlargement, extension, reconstruction, renovation or rehabilitation of the John P. Cohalen court complex, the new replacement correctional facility at Yaphank, the H. Lee Dennison building and the North County Complex; the inspection and supervision thereof; and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedure and other actions preliminary or incidental thereto.
7. "Cost" as applied to any project, includes the cost of construction, the cost of the acquisition of all property, including real property and other property, both real, personal and mixed and improved and unimproved, the cost of the demolishing, removing or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated, the cost of all apparatus and equipment, financing charges and bond discount, interest prior to, during and after construction to the extent not paid or provided for from revenues or other sources, the cost of engineering and architectural surveys, plans and specifications, the cost of consultant and legal services, the cost of bond or lease guarantee, bond insurance or any other credit support device and the cost of other expenses necessary or incidental to the construction of any project and the financing of the construction thereof, including the amount authorized in the resolution of the agency providing for the issuance of bonds to be paid into any reserve or other special funds from the proceeds of such bonds and the financing of the placing of any project in operation, including reimbursement to the county for expenditures that would be costs of the project hereunder had they been made directly by the agency.
8. "County" means the county of Suffolk.
9. "County executive" means the county executive of the county, being the chief executive officer of the county.
10. "County legislature" means the county legislature of the county.
11. "Governing body" means the members of the agency constituting and acting as the governing body of the agency.
12. "Governor" means the governor of the state.
12-a. "H. Lee Dennison building" means the H. Lee Dennison building of the Suffolk county government located in Hauppauge, New York.
13. "New replacement correctional facility at Yaphank" means the Suffolk county correctional facility at Yaphank, New York or any part thereof or appurtenances or any property incidental thereto.
13-a. "North County Complex" means one or more of the buildings of the government of the county of Suffolk designated by the county legislature in the North County Complex in Hauppauge, New York to be sold, leased or assigned to the agency pursuant to subdivision one of section twenty-three hundred fifty-f of this title.
14. "Person" means any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation.
15. "Project" means any acquisition, erection, building, alteration, improvement, increase, enlargement, extension, renovation, rehabilitation or relocation of the John P. Cohalen court complex, the new replacement correctional facility at Yaphank, the H. Lee Dennison building and the North County Complex, or any part thereof.
16. "Project labor agreement" means a pre-hire collective bargaining agreement between the agency and a labor organization establishing the labor organization as the collective bargaining representative for all persons who will perform work on the project, and which provides that only contractors and subcontractors who sign a prenegotiated agreement with the labor organization can perform project work.
17. "Properties" means the John P. Cohalen court complex, the new replacement correctional facility at Yaphank, the H. Lee Dennison building and the North County Complex, or any part thereof or appurtenances or any property incidental thereto.
18. "Real property" means lands, structures, franchise, rights and interests in land, waters, lands under water, riparian rights and air rights and any and all things and rights included within said term and includes not only fees simply absolute, but also any and all lesser interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise.
19. "Revenues" means all rates, rents, fees, charges, payments and other income and receipts derived from the operation of the properties of the agency including, without limiting the generality of the foregoing, investment proceeds and proceeds of insurance, condemnation, and sale or other disposition of assets, together with all federal, state or municipal aid, if any.
20. "Secretary of state" means the secretary of state of the state.
21. "State" means the state of New York.
22. "State agency" means any state officer, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state.
* NB Repealed December 31, 2023