New York Laws > Alcoholic Beverage Control > Article 8


§ 100	Alcoholic beverages generally
§ 101	Manufacturers and wholesalers not to be interested in retail places
§ 101-AA	Terms of sale
§ 101-AAA	Terms of sale; beer or wine products
§ 101-B	Unlawful discriminations prohibited; filing of schedules; schedule listing fund
§ 102	General prohibitions and restrictions
§ 103	Provisions governing manufacturers
§ 104	Provisions governing wholesalers
§ 104-A	Provisions governing vendors
§ 105	Provisions governing licensees to sell at retail for consumption off the premises
§ 105-A	Sale of beer at retail on Sunday
§ 105-B	Posting of certain signs
§ 106	Provisions governing licensees to sell at retail for consumption on the premises
§ 106-A	Notice of arrest and convictions
§ 106-B	Provisions for governing sports facilities operators and retail licenses to sell at certain sporting events for consumption on premises
§ 107	Advertising and forms of notices of the issuance of licenses
§ 107-A	Labeling containers of alcoholic beverages
§ 108	Restrictions upon licensees
§ 109	Renewals of licenses and permits
§ 110	Information to be requested in applications for licenses or permits
§ 110-A	Notice of application for certain licenses to be published by applicant
§ 110-B	Notification to municipalities
§ 110-C	Public license query
§ 111	License to be confined to premises licensed
§ 112	Bonds of licensees and permittees
§ 113	Premises for which no license shall be granted
§ 114	Licenses, publication, general provisions
§ 114-A	License or permit issuance and registration approval
§ 115	Rules need not be uniform
§ 116	Deliveries of alcoholic beverages
§ 117	Transportation of alcoholic beverages
§ 117-A	Unlimited drink offerings prohibited
§ 117-B	Possession or use of alcohol vaporizing devices prohibited
§ 118	Revocation of licenses for cause
§ 119	Procedure for revocation or cancellation
§ 120	Decisions by liquor authority
§ 120-A	Corporate change; hearing on application
§ 121	Review by courts
§ 122	Continuance of business by receiver or other representative
§ 123	Injunction for unlawful manufacturing, sale or consumption of liquor, wine or beer
§ 124	Liquor authority to be necessary party to certain proceedings
§ 125	Disposition of moneys received for license fees
§ 126	Persons forbidden to traffic in alcoholic beverages
§ 127	Surrender and cancellation of licenses; payment of refunds; notice to police officials
§ 127-A	Surrender and cancellation of permits; payment of refunds; notice to police officials
§ 127-B	Payment of refunds on special permits and notice to police officers
§ 127-C	Refunds on licenses and permits erroneously or unlawfully cancelled, revoked or suspended
§ 127-D	Refunds on over-payment of fees; permit not issued
§ 128	Certain officials not to be interested in manufacture or sale of alcoholic beverages
§ 128-A	Police officers allowed to work in licensed premises in certain cases
§ 128-B	Police officers allowed to serve as an officer of a volunteer firefighters' organization
§ 128-C	Police officers allowed to serve as an officer of veterans' organization
§ 129	Surrender of license; notice to police officials
§ 130	Penalties for violations of chapter
§ 131	New York alcoholic beverage control problem premises task force

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Terms Used In New York Laws > Alcoholic Beverage Control > Article 8 - General Provisions

Access: means to instruct, communicate with, store data in, retrieve from, or otherwise make use of any resources of a computer, physically, directly or by electronic means. See N.Y. Penal Law 156.00
Account owner: shall mean a person who enters into a tuition savings agreement pursuant to the provisions of this article, including a person who enters into such an agreement as a fiduciary or agent on behalf of a trust, estate, partnership, association, company or corporation. See N.Y. Education Law 695-B
accredited investor: shall mean (i) a natural person whose individual net worth (or joint net worth with his or her spouse) will exceed one million dollars at the time of purchase, or (ii) a natural person who has an individual income (exclusive of any income attributable to a spouse) of more than two hundred thousand dollars for the past two years or joint income with a spouse of more than three hundred thousand dollars in each of those years and has a reasonable expectation of reaching the same income level in the current year, or (iii) an entity in which each equity owner is an accredited investor under subparagraph (i) or (ii) of this paragraph, or (iv) either an organization described in section 501 (C)(3) of the Internal Revenue Code of 1986, as amended, a corporation, a Massachusetts or similar business trust, or a partnership, in each case not formed for the specific purpose of acquiring the securities being offered, and with total assets in excess of five million dollars, or (v) a trust, with total assets in excess of five million dollars, not formed for the specific purpose of acquiring the securities, whose purchase of the securities is directed by a person who has such knowledge and experience in business and financial matters that he or she is capable, as defined by the Securities Act of 1933, as amended, of evaluating the merits and risks of the prospective investment, or a bank, as defined in section 3(a)(2) of the Securities Act of 1933, as amended, (A) acting in its fiduciary capacity as trustee, or (B) subscribing for the purchase of securities being offered on its own behalf. See N.Y. Arts and Cultural Affairs Law 23.03
Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. Education Law 501
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.
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Adopter: means any faculty member or academic department at institutions of higher learning responsible for considering and choosing textbooks and/or supplemental materials to be utilized in connection with the accredited courses taught at institutions of higher education. See N.Y. Education Law 720
Adoption: means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring a pet, of any dog or cat, seized or surrendered. See N.Y. Agriculture and Markets Law 350
advance ticket: shall mean a ticket of admission sold more than twelve hours in advance of the time of performance of the event for which the ticket is purchased. See N.Y. Arts and Cultural Affairs Law 23.03
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.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agreement: means an employee ownership assistance loan agreement made pursuant to this subtitle. See N.Y. Public Authorities Law 1836-B
Agricultural and farmland protection: means the preservation, conservation, management or improvement of lands which are part of viable farming operations, for the purpose of encouraging such lands to remain in agricultural production. See N.Y. Agriculture and Markets Law 322
Agricultural assessment value: means the value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by section three hundred four-a of this article. See N.Y. Agriculture and Markets Law 301
Agricultural data statement: means an identification of farm operations within an agricultural district located within five hundred feet of the boundary of property upon which an action requiring municipal review and approval by the planning board, zoning board of appeals, town board, or village board of trustees pursuant to Article 16 of the town law or Article 7 of the village law is proposed, as provided in section three hundred five-b of this article. See N.Y. Agriculture and Markets Law 301
Agricultural tourism: means activities, including the production of maple sap and pure maple products made therefrom, conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. See N.Y. Agriculture and Markets Law 301
Agricultural use value: means the fair market value of a property that is restricted by an easement to its productive commercial agricultural use value rather than the highest and/or best potential use value for residential or other non-agricultural purposes. See N.Y. Agriculture and Markets Law 322
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.
Animal: as used in this article , includes every living creature except a human being;

2. See N.Y. Agriculture and Markets Law 350
Animal: means a dog or a cat. See N.Y. Agriculture and Markets Law 400
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
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.
Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. Education Law 501
Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Apiary products operation: means an agricultural enterprise, consisting of land owned by the operation, upon which bee hives are located and maintained for the purpose of producing, harvesting and storing apiary products for sale. See N.Y. Agriculture and Markets Law 301
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
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
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.
Assisted project: shall mean any project in respect of which the authority has granted a loan or guaranteed a loan. See N.Y. Public Authorities Law 1801
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.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: shall mean the New York job development authority created by subdivision one of section eighteen hundred two of this title. See N.Y. Public Authorities Law 1801
Authority: means the job development authority created by section one thousand eight hundred two of this chapter. See N.Y. Public Authorities Law 1836-B
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.
balance sheet liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iv) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
Bank: means a bank, trust company, private banker, savings bank, savings and loan association, credit union, investment company organized under article twelve of this chapter and authorized to accept deposits, national bank, federal savings association, federal credit union, or out-of-state state bank, as such term is defined in subdivision two of section two hundred twenty-two of this chapter, having a principal, branch or trust office in this state. See N.Y. Banking Law 554
Bank holding company: when used in this article, means any company which (a) directly or indirectly, or through a subsidiary or subsidiaries, owns, controls, or holds with power to vote (i) ten per centum or more of the voting stock of a company which is or becomes a bank holding company by virtue of this article, or (ii) ten per centum or more of the voting stock of a banking institution, or (b) controls in any manner the election of a majority of the directors of (i) a banking institution, or (ii) a company which is or becomes a bank holding company by virtue of this article, or (c) is a company, for the benefit of whose stockholders or members ten per centum or more of the voting stock of a banking institution or of a company which is or becomes a bank holding company by virtue of this article is held, directly or indirectly, by a trustee or trustees, or (d) through a combination of (i) ownership, control or holding, directly or indirectly, of voting stock and (ii) voting stock and held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company, if such voting stock is voting stock of one or more banking institutions or of one of more companies which are or become bank holding companies by virtue of this article, as the case may be, is a company which would be a bank holding company if the aggregate of such voting stock were either entirely owned, controlled or held, directly or indirectly, by such company or entirely held, directly or indirectly, by a trustee or trustees for the benefit of the members or stockholders of such company. See N.Y. Banking Law 141
Banking institution: when used in this article, means a bank, a trust company, a stock-form savings bank or a stock-form savings and loan association. See N.Y. Banking Law 141
banking institution: shall mean and include banks, trust companies, savings banks, savings and loan associations and foreign banking corporations licensed, pursuant to section twenty-six of this chapter, to maintain a branch in the state, as so defined. See N.Y. Banking Law 190
banking institution: when used in this article, shall mean any entity authorized by its charter to accept deposits and to make loans. See N.Y. Banking Law 221-B
Banking organization: when used in this title shall mean (a) any organization defined by subdivision eleven of § 2 of the banking law, (b) any agency or branch of a foreign banking corporation licensed by the department of financial services under Article 5 of the banking law, (c) any national bank, federal savings and loan association and federal credit union, (d) any authorized insurer defined by paragraph ten of subsection (a) of § 107 of the insurance law and (e) any public or private pension or investment fund required to file a report with any state or federal regulatory or supervisory body. See N.Y. Public Authorities Law 1801
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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}
Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by this article. See N.Y. Education Law 501
Bequest: Property gifted by will.
board: means the board of higher education of the city of New York. See N.Y. Education Law 6250
board of education: shall mean the trustee, trustees or board of education of any common, union free, central, central high or city school district, or a board of cooperative educational services. See N.Y. Education Law 1980
board of trustees: means the board of trustees of the city university of New York. See N.Y. Education Law 6202
Borrower: shall mean a student attending a covered institution in this state, or a parent or person in parental relation to such student, who also obtains an educational loan from a lending institution to pay for or finance higher education expenses. See N.Y. Education Law 620
certified ESL school: shall mean a language school conducted for-profit which provides instruction in English as a second language and which accepts no public funds and is certified pursuant to paragraph f of subdivision four of this section; and

c. See N.Y. Education Law 5001
Chairman: means the chairman of the dormitory authority. See N.Y. Public Authorities Law 1695
Chambers: A judge's office.
chancellor: shall mean the chancellor of the city district. See N.Y. Education Law 2590-A
Child care institution: shall mean any facility serving thirteen or more children licensed by the department of social services pursuant to title one of Article 7 of the social services law operated by an authorized agency, or a residential treatment facility for children and youth, whether or not such residential treatment facility is operated by an authorized agency, except that Blythedale Children's Hospital shall be a child care institution. See N.Y. Education Law 4001
Child with a handicapping condition: shall mean a person between the ages of five and twenty-one who has been identified through appropriate evaluation and assessment as having a disability arising from cognitive, emotional or physical factors, or any combination thereof, which interferes with the child's ability to benefit from regular education. See N.Y. Education Law 4001
city: shall mean the city of New York. See N.Y. Education Law 6250
city board: shall mean the board of education of the city district. See N.Y. Education Law 2590-A
city district: shall mean the city school district of the city of New York. See N.Y. Education Law 2590-A
city university: shall mean the city university of New York, including each senior college and each community college. See N.Y. Education Law 6202
city university: means the city university of New York under the jurisdiction of the board of higher education of the city of New York. See N.Y. Education Law 6250
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
College: shall mean any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Education Law 601
Commercial equine operation: means an agricultural enterprise, consisting of at least seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated through the provision of commercial equine activities including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products, or through both the provision of such commercial equine activities and such production. See N.Y. Agriculture and Markets Law 301
Commercial horse boarding operation: means an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. See N.Y. Agriculture and Markets Law 301
Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 258-BB
Commissioner: means the commissioner of education of the State of New York. See N.Y. Education Law 561
Commissioner: means the commissioner of the office of children and family services. See N.Y. Executive Law 523-A
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 board: shall mean the board of education of a community district. See N.Y. Education Law 2590-A
community college: shall mean an institution of higher education in the city of New York, which is governed and administered as such, by the board of trustees on July first, nineteen hundred seventy-nine, whose primary purpose is providing certificate and associate degree post secondary programs in general and technical educational subjects, and is receiving financial assistance from the state as a community college. See N.Y. Education Law 6202
community council: shall mean the community district education council of a community district established pursuant to section twenty-five hundred ninety-c of this article. See N.Y. Education Law 2590-A
community district: shall mean a community school district created or to be created within the city district under the provisions of this article. See N.Y. Education Law 2590-A
Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
community superintendent: shall mean the superintendent of schools of a community district. See N.Y. Education Law 2590-A
Company: when used in this article, means any corporation, partnership, trust, unincorporated association, joint stock association or similar organization organized under the laws of the state of New York, or if not so organized, doing business in the state of New York, or any individual residing or doing business in the state of New York, or any combination of individuals which combination is residing or is doing business in the state of New York, any combination of the foregoing which combination is residing or is doing business in the state of New York, or any such individual and any of the foregoing acting in concert, but shall not include (a) any corporation the majority of the stock of which is owned by the United States or by any state unless the superintendent determines that it would be in the public interest to deem such a corporation to constitute a company, or (b) any corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and no substantial part of the activities of which is the carrying on of propaganda, or otherwise attempting to influence legislation unless the superintendent determines that it would be in the public interest to deem such a corporation, community chest, fund, or foundation to constitute a company, or (c) any corporation or partnership owning or controlling stock acquired in connection with an underwriting of securities and which is held only for such period of time as will permit the sale thereof upon a reasonable basis. See N.Y. Banking Law 141
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Comptroller: shall mean the comptroller of the state of New York. See N.Y. Education Law 695-B
comptroller: shall mean the comptroller of the city of New York. See N.Y. Education Law 6250
Comptroller: shall mean the comptroller of the state. See N.Y. Public Authorities Law 1801
Computer: means a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data. See N.Y. Penal Law 156.00
Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers. See N.Y. Penal Law 156.00
Computer service: means any and all services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer data or computer programs from one computer to another. See N.Y. Penal Law 156.00
concert: shall mean any live performance whether musical or spoken, dramatic or nondramatic, by one or more performers, which is presented to the public in a place of entertainment, as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
Construction: includes construction of new buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered or renovated buildings;

b. See N.Y. Education Law 1002
Consumer: means any individual purchasing an animal from a pet dealer. See N.Y. Agriculture and Markets Law 400
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
contributions for twenty-year amortization of nineteen hundred ninety senior college consolidated UAL and senior college remainder of BSL: shall mean all of the installments of contribution and contributions referred to in subdivisions 8-i to 8-n, inclusive, of this section which are required to be paid by the city and the state during the applicable twenty-year amortization period pursuant to section sixty-two hundred thirty-one of this article and the applicable provisions of subdivision bb of section 13-638. See N.Y. Education Law 6202
Contributor: shall mean any member of the retirement system who has an account in the annuity savings fund as provided by this article. See N.Y. Education Law 501
Conversion: means an outward or affirmative act changing the use of agricultural land and shall not mean the nonuse or idling of such land. See N.Y. Agriculture and Markets Law 301
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.
Corporation: shall mean the New York state higher education services corporation. See N.Y. Education Law 695-B
Counterclaim: A claim that a defendant makes against a plaintiff.
County: shall mean the county executive, or if there is none, the chairman of the county legislative body of the county which is responsible for a child in a child care institution or a private school, except within the city of New York, in which case county shall mean the mayor of said city. See N.Y. Education Law 4001
Covered institution: shall mean any college, vocational institution, or approved program as defined in section six hundred one of this title. See N.Y. Education Law 620
Covered institution employee: shall mean any employee, agent, contractor, director, officer or trustee of a covered institution. See N.Y. Education Law 620
Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
cruelty: includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. See N.Y. Agriculture and Markets Law 350
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Default: means an adjudication or other official determination of a court of competent jurisdiction or other public authority pursuant to which a conservator, receiver, or other legal custodian is appointed for an insured institution for the purpose of liquidation. See N.Y. Banking Law 420
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
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, the individual designated as the individual whose higher education expenses are expected to be paid from the account or accounts. See N.Y. Education Law 695-B
Devise: To gift property by will.
Direct marketing: means the sale of farm and food products directly from producers to consumers and food buyers. See N.Y. Agriculture and Markets Law 282
Director: means the director of the office of the ombudsman. See N.Y. Executive Law 523-A
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:
district superintendent: shall mean the chief administrative officer of a supervisory district as defined in article forty-five of this chapter. See N.Y. Education Law 1980
Docket: A log containing brief entries of court proceedings.
Doing business: when used in this article, shall include the maintenance by a foreign company of a place of business in this state, or the conduct by a foreign company of operations in this state, or the acquisition, owning or holding by a foreign company of any stock or assets of any banking institution or any company which directly or indirectly owns, controls or holds with power to vote ten per centum or more of the voting stock of a banking institution. See N.Y. Banking Law 141
Donee: The recipient of a gift.
Donor: The person who makes a gift.
educational facilities: shall mean land and the improvements thereon for use in connection with any educational activity to be undertaken or provided by the city board or any community council or any facility attendant thereto or any facility necessary, useful or desirable in connection with such activity. See N.Y. Education Law 2590-A
Educational loan: shall mean any loan that is made, insured, or guaranteed under Part B of Title IV of the Federal Higher Education Act of nineteen hundred sixty-five, as amended, any high risk loan or any private loan issued by a lending institution for the purposes of paying for or financing higher education expenses. See N.Y. Education Law 620
electing employee: shall mean any eligible employee who exercises his election pursuant to this article to come under the optional retirement program. See N.Y. Education Law 6250
Electronic appearance: means an appearance in which various participants, including the defendant, are not present in the court, but in which, by means of an independent audio-visual system, (a) all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsel, defendant, police officer, and any other appropriate participant, and (b) counsel is present with the defendant, or if the defendant waives the presence of counsel on the record, the defendant and his or her counsel are able to see and hear each other and engage in private conversation. See N.Y. Criminal Procedure Law 182.10
Electronic arraignment: means an arraignment in which various participants, including the defendant, are not personally present in the court but in which all of the participants are simultaneously able to see and hear reproductions of the voices and images of the judge, counsels, defendant, police officer and any other appropriate participant, by means of an independent audio-visual system. See N.Y. Criminal Procedure Law 185.10
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Eligible business facility: shall mean any type of business facility to be used or occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state, and includes, but is not limited to, industrial or manufacturing plants, facilities for research and development purposes, facilities for conducting wholesale, receiving and distributing operations, facilities for conducting office operations, warehousing operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. See N.Y. Public Authorities Law 1801
Eligible educational institution: shall mean (a) any institution of higher education defined as an eligible educational institution in section 529(e)(5) of the Internal Revenue Code of 1986, as amended, or (b) any apprenticeship program described in section 529(c)(8) of the Internal Revenue Code of 1986, as amended. See N.Y. Education Law 695-B
eligible employees: means members of the instructional staffs of the colleges administered by the board of higher education in the city of New York pursuant to the provisions of Article one hundred twenty-five of the education law, who are employed in the following titles: president, dean, director, professor, associate professor, assistant professor, instructor, tutor, fellow, lecturer, librarian, associate librarian, assistant librarian, library assistant, registrar, assistant registrar, registrar's assistant, principal, first assistant, supervisor, assistant teacher, critic teacher, teacher, college science assistant, college science technician, college engineering technician, and any other members of the instructional staffs of such colleges as defined in section sixty-two hundred six, subdivision 1b of the education law, and such other titles as the board in its discretion may add thereto, by reason of their close relationship to the educational purposes required to carry on the functions of the city university. See N.Y. Education Law 6250
Eligible project: means the acquisition or rehabilitation by an employee ownership association of an existing industrial or manufacturing plant located in this state for the purpose of operating it as an employee-owned enterprise. See N.Y. Public Authorities Law 1836-B
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}
Employee ownership association: means a corporation or other association formed by or on behalf of the employees of an industrial or manufacturing plant located in this state for the purpose of assuming ownership or control of the plant and operating it as an employee-owned enterprise or as a worker cooperative as defined in § 81 of the cooperative corporations law. See N.Y. Public Authorities Law 1836-B
Employee-owned enterprise: means a business in which the employees are represented on the board of directors and the employees control the majority of the voting stock, or if the business is held in a trust which controls the majority of the voting stock, the trustees are elected by the employees. See N.Y. Public Authorities Law 1836-B
Employer: shall mean the state of New York, the city, the village, school district board or trustee, or other agency of and within the state by which a teacher is paid. See N.Y. Education Law 501
Entertainment: means all forms of entertainment including, but not limited to, theatrical or operatic performances, concerts, motion pictures, all forms of entertainment at fair grounds, amusement parks and all types of athletic competitions including football, basketball, baseball, boxing, tennis, hockey, and any other sport, and all other forms of diversion, recreation or show. See N.Y. Arts and Cultural Affairs Law 25.03
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Established price: means the price fixed at the time of sale by the operator of any place of entertainment for admission thereto, which must be printed or endorsed on each ticket of admission. See N.Y. Arts and Cultural Affairs Law 25.03
event: shall mean a theatrical production or sporting event, as those terms are defined in this subdivision, or any other public exhibition, game, show, contest or performance which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
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 session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
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.
family tuition account: shall mean an individual savings account established in accordance with the provisions of this article. See N.Y. Education Law 695-B
Farm and food product: means any agricultural, horticultural, forest, or other product of the soil or water that has been grown, harvested, or produced wholly within the state of New York. See N.Y. Agriculture and Markets Law 282
Farm animal: as used in this article , means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur-bearing animals, as defined in section 11-1907 of the environmental conservation law, which are raised for commercial or subsistence purposes. See N.Y. Agriculture and Markets Law 350
Farm operation: means the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivision seventeen of this section and "commercial equine operation" as defined in subdivision eighteen of this section. See N.Y. Agriculture and Markets Law 301
Farm woodland: means land used for the production of woodland products intended for sale, including but not limited to logs, lumber, posts and firewood. See N.Y. Agriculture and Markets Law 301
Federal agency: shall mean the United States of America, and any officer, department, board, commissioner, bureau, division, corporation, agency or instrumentality thereof. See N.Y. Public Authorities Law 1801
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Felony: as used in this article means any felony defined in the laws of this state or any offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in excess of one year is authorized in this state. See N.Y. Penal Law 156.00
Fiduciary: A trustee, executor, or administrator.
Final auction price: shall mean the price paid for a single ticket by a winning bidder. See N.Y. Arts and Cultural Affairs Law 25.03
Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. Education Law 501
Financial organization: shall mean an organization authorized to do business in the state of New York and (a) which is an authorized fiduciary to act as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time, or an insurance company; and (b)(i) is licensed or chartered by the department of financial services, (ii) is chartered by an agency of the federal government, (iii) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, or (iv) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of an act of congress entitled "Employee Retirement Income Security Act of 1974" as such provisions may be amended from time to time. See N.Y. Education Law 695-B
First-instance processing: shall mean the washing, grading and packaging of farm and food products in connection with a farmers' market. See N.Y. Agriculture and Markets Law 260
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Forbearance: A means of handling a delinquent loan. A
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}
foreign banking corporation: when used in this article, shall mean any banking institution organized under the laws of any jurisdiction other than the United States, any state of the United States or Puerto Rico. See N.Y. Banking Law 221-B
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fund: means the state savings and loan insurance fund created by section four hundred twenty-a of this article. See N.Y. Banking Law 420
Funding partner: means an entity which singly or in combination with other entities has agreed to finance a portion of the project cost of an eligible project, and may include the employee ownership association undertaking the project as well as any financial entity. See N.Y. Public Authorities Law 1836-B
Gainful occupation: includes any employment for which a compensation is paid either in goods and/or in services; practice of a profession; self-employment; homemaking, farm or family work (including work for which payment is in kind rather than in cash); sheltered employment; and home industries or other gainful homebound work. See N.Y. Education Law 1002
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift: shall mean any discount, favor, gratuity, inducement, loan, stock, thing of value, or other item having more than nominal value. See N.Y. Education Law 620
gifted pupils: shall mean those pupils who show evidence of high performance capability and exceptional potential in areas such as general intellectual ability, special academic aptitude and outstanding ability in visual and performing arts. See N.Y. Education Law 4452
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
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.
Gross sales: means the proceeds from the sale of:

a. See N.Y. Agriculture and Markets Law 301
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Handicapped person: means any person who in the judgment of the department is under a physical or mental disability which constitutes a substantial handicap to employment but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in gainful employment, and also any person under a physical or mental disability which constitutes a substantial handicap to employment and for whom vocational rehabilitation services are necessary to ascertain his rehabilitation potential. See N.Y. Education Law 1002
health professionals: means persons duly licensed or otherwise authorized to practice a health profession pursuant to applicable law, including, but not limited to, physicians, registered professional nurses, nurse practitioners, physicians assistants, optometrists, dentists, dental hygienists, dietitians and nutritionists, and audiologists. See N.Y. Education Law 902
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Hemp: means the plant Cannabis sativa L. See N.Y. Agriculture and Markets Law 505
High risk loans: shall mean any agreement between a lending institution and a covered institution that provides for the lending institution to provide loans to students with a poor or no credit history, who would otherwise not be eligible for educational loans. See N.Y. Education Law 620
Higher education expenses: shall include the following:

a. See N.Y. Education Law 620
Highly distressed area: means : (a) a census tract or tracts or block numbering area or areas or such census tract or block numbering area contiguous thereto which, according to the most recent census data available, has:

(i) a poverty rate of at least twenty percent for the year to which the data relates or at least twenty percent of the households receiving public assistance; and

(ii) an unemployment rate of at least one and twenty-five one hundredths times the statewide unemployment rate for the year to which the data relates; or

(b) a city, town, village or county within a city with a population of one million or more for which: (i) the ratio of the full value property wealth, as determined by the comptroller for the year nineteen hundred ninety, per resident to the statewide average full value property wealth per resident; and (ii) the ratio of the income per resident, as shown in the nineteen hundred ninety census to the statewide average income per resident; are each fifty-five percent or less of the statewide average. See N.Y. Banking Law 228-B
Immediate family member: means a spouse, child, sibling, parent, grandparent, or grandchild. See N.Y. Banking Law 599-B
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}
Independent audio-visual system: means an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. Criminal Procedure Law 182.10
Independent audio-visual system: shall mean an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to preclude the unauthorized reception and decoding of the signals by commercially available television receivers, channel converters, or other available receiving devices. See N.Y. Criminal Procedure Law 185.10
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Individual: means a natural person. See N.Y. Banking Law 599-B
Individuals with severe disabilities: means persons for whom competitive employment has either not traditionally occurred or has been interrupted or intermittent as a result of having a permanent and substantially disabling physical, sensory, or mental condition. See N.Y. Education Law 1002
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Institution of higher education: means :

(a) any of the colleges and universities described in subdivision three of § 352 of the education law;

(b) a college established and operated pursuant to the provisions of Article one hundred twenty-six of the education law, and providing two-year or four-year post-secondary programs in general and technical educational subjects and receiving financial assistance from the state;

(c) the city university of New York, as defined in subdivision two of § 6202 of the education law; and

(d) a not-for-profit two or four-year university or college given the power to confer associate, baccalaureate or higher degrees in this state by the legislature or by the regents under Article five of the education law. See N.Y. Agriculture and Markets Law 505
Institution of higher education: means any institution of higher education, recognized and approved by the regents of the university of the state of New York, which provides a course of study leading to the granting of a post-secondary degree or diploma. See N.Y. Education Law 720
Insured: means a person who enters into a premium finance agreement with a premium finance agency or makes and delivers a premium finance agreement to, or to the order of, an insurance agent or broker, whether or not he is insured under an insurance contract, premiums for which are advanced or to be advanced under the premium finance agreement. See N.Y. Banking Law 554
Insured account: means a savings account held by an insured member and which is insured under the provisions of this article. See N.Y. Banking Law 420
insured member: means a savings and loan association whose application for membership in the fund has been accepted and approved; and which has made all payments required by this article; and whose membership has not been terminated. See N.Y. Banking Law 420
Insured savings and loan association: means an association whose accounts are insured under this article. See N.Y. Banking Law 420
insurer: shall mean a life insurance corporation, or other corporation subject to supervision by the department of financial services of the state of New York. See N.Y. Education Law 6250
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.
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}
Investment companies: means the NYSBIC and the NYSSBIC collectively. See N.Y. Banking Law 228-B
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
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.
labor official: means any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund. See N.Y. Penal Law 180.10
Land used in agricultural production: means not less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, not less than seven acres of land used in the preceding two years to support a commercial horse boarding operation or a commercial equine operation with annual gross receipts of ten thousand dollars or more. See N.Y. Agriculture and Markets Law 301
lawful rental and other lawful charges: means registered, reported or contracted for rent pursuant to chapter four hundred three of the laws of nineteen hundred eighty-three, Article 2 of the private housing finance law or section eight of the federal housing act of nineteen hundred sixty-eight, or, rent contained in a court approved stipulation of settlement, even if such rent or charges are subsequently decreased by order of the department of housing and community renewal or a court of competent jurisdiction. See N.Y. Penal Law 180.54
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Legacy: A gift of property made by will.
Legatee: A beneficiary of a decedent
Lending institution: means a bank or a lender licensed pursuant to article nine of this chapter. See N.Y. Banking Law 554
Lending institution: shall mean :

a. See N.Y. Education Law 620
lessor: means a banking organization, foreign banking corporation or a national banking association authorized to engage in the safe deposit business. See N.Y. Banking Law 332
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: means a license, permit or registration issued pursuant to this article. See N.Y. Agriculture and Markets Law 505
License: when used in this article means any license duly issued by the superintendent pursuant to the provisions of article nine, nine-A, eleven-B, twelve-B, twelve-C, twelve-D or thirteen-B of this chapter or any registration certificate issued by the superintendent pursuant to the provisions of article twelve-D of this chapter. See N.Y. Banking Law 635
licensed casher of checks: means any individual, partnership, unincorporated association or corporation duly licensed by the superintendent of financial services to engage in business pursuant to the provisions of this article. See N.Y. Banking Law 366
licensee: means a licensed casher of checks, drafts and/or money orders. See N.Y. Banking Law 366
Licensee: when used in this article means any person issued a license. See N.Y. Banking Law 635
Lien: A claim against real or personal property in satisfaction of a debt.
Lineal descendant: Direct descendant of the same ancestors.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Loan: shall mean (i) a mortgage loan evidenced by a bond, note or other obligation of a local development corporation secured by a mortgage on a project, defined in subdivision fourteen (i) and (ii) of this section, made by a local development corporation, a project occupant or other person, firm or corporation; (ii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a loan agreement, contract or such other instrument deemed necessary or convenient on a project defined in subdivision fourteen (iii) of this section; (iii) a loan evidenced by a bond, note or other obligation of a local development corporation, a project occupant, or other person, firm or corporation secured by a security interest in machinery and equipment as provided in section eighteen hundred fourteen; and (iv) an employee ownership assistance loan made pursuant to paragraph (v) of subdivision fourteen of this section. See N.Y. Public Authorities Law 1801
Loan guarantee: shall mean the guaranteeing by the authority of a loan made by a banking organization on a project as defined in subdivision fourteen of this section. See N.Y. Public Authorities Law 1801
Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing, under this article, provided that such individual does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. See N.Y. Banking Law 599-B
Local development corporation: shall mean a non-profit corporation incorporated or reincorporated under the laws of this state, regardless of its particular name, which shall meet the additional requirements of section eighteen hundred twenty-five of this title. See N.Y. Public Authorities Law 1801
Local district pension system: shall mean any teachers' retirement system or other arrangement for the payment of pensions or annuities to teachers exclusive of the retirement fund, created in any city or school district of this state prior to the first day of August, nineteen hundred twenty-one. See N.Y. Education Law 501
Maintenance: shall mean the amount charged for room and board, residential care and medical expenses, including those expenses reimbursable pursuant to title nineteen of the federal social security act, defined in accordance with the regulations of the commissioner of social services for a child care institution pursuant to § 398-a of the social services law. See N.Y. Education Law 4001
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. Education Law 695-B
Manufacturing plant: shall include a plant used in connection with making, creating, working, preparing, processing, milling, manufacturing, finishing, fashioning, fabricating, or producing in any manner, goods, wares, merchandise, metals, fabrics, materials, products or substances of any kind or nature. See N.Y. Public Authorities Law 1801
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
mayor: shall mean the mayor of the city of New York. See N.Y. Education Law 6202
Minority leader: See Floor Leaders
mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See N.Y. Banking Law 366
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
mortgage: shall include housing loans as defined below. See N.Y. Public Authorities Law 2402
mortgage banker: shall mean a person or entity who or which is licensed pursuant to section five hundred ninety-one of this chapter to engage in the business of making mortgage loans in this state;

(g) "Registrant" or "mortgage broker" shall mean a person or entity registered pursuant to section five hundred ninety-one-a of this chapter to engage in the business of soliciting, processing, placing or negotiating mortgage loans for others, or offering to solicit, process, place or negotiate mortgage loans for others;

(h) "Mortgage loan servicer" or "servicer" shall mean a person or entity registered pursuant to subdivision two of this section to engage in the business of servicing mortgage loans for property located in this state;

(i) "Servicing mortgage loans" shall mean receiving any scheduled periodic payments from a borrower pursuant to the terms of any mortgage loan, including amounts for escrow accounts under section six-k of this chapter, title three-A of Article 9 of the real property tax law or section ten of 12 U. See N.Y. Banking Law 590
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage or deed of trust on residential real property, any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property or, if determined by the superintendent by regulation, shall include such a loan secured by a security interest on a manufactured home;

(b) "Residential real property" shall mean real property located in this state improved by a one-to-four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed;

(c) "Making a mortgage loan" shall mean for compensation or gain, either directly or indirectly, advancing funds, offering to advance funds, or making a commitment to advance funds to an applicant for a mortgage loan or a mortgagor as a mortgage loan;

(d) "Soliciting, processing, placing or negotiating a mortgage loan" shall mean for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party;

(e) "Exempt organization" shall mean any insurance company, banking organization, foreign banking corporation licensed by the superintendent or the comptroller of the currency to transact business in this state, national bank, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any instrumentality created by the United States or any state with the power to make mortgage loans. See N.Y. Banking Law 590
Mortgage Loan Originator: means an individual who for compensation or gain or in the expectation of compensation or gain:

(i) takes a residential mortgage loan application; or

(ii) offers or negotiates terms of a residential mortgage loan. See N.Y. Banking Law 599-B
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle: includes every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven invalid chairs being operated or driven by an invalid, (b) vehicles which run only upon rails or tracks, and (c) snowmobiles as defined in Article forty-seven of the vehicle and traffic law. See N.Y. Penal Law 150.00
Municipality: shall mean any county, city, town or village in the state. See N.Y. Public Authorities Law 1801
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
New entrant: shall mean any teacher who is a member of the retirement system except a present teacher. See N.Y. Education Law 501
nineteen hundred eighty unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of items (i), (ii), (iii), (iv) and (v) of subparagraph (c) of paragraph (3) of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be paid as a charge or applied as a credit, as the case may be, pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
nineteen hundred eighty-two unfunded accrued liability adjustment: when used in relation to the New York city employees' retirement system, shall mean the total amount which is determined pursuant to the provisions of item (vi) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit pursuant to the provisions of subparagraph (b) of paragraph (1) of such subdivision b, with respect to employer contributions to such retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonpublic school: means any nonprofit elementary or secondary school in the State of New York, other than a public school, which (i) is providing instruction in accordance with article seventeen and section thirty-two hundred four of this chapter, (ii) has not been found to be in violation of Title VI Civil Rights Act of 1964, 78 Stat. See N.Y. Education Law 561
Nonqualified withdrawal: shall mean a withdrawal from an account but shall not mean:

a. See N.Y. Education Law 695-B
Nontraditional mortgage product: means , for purposes of this article, any mortgage product other than a thirty-year fixed rate mortgage. See N.Y. Banking Law 599-B
Not-for-profit conservation organization: means an organization as defined in subdivision two of section 49-0303 of the environmental conservation law. See N.Y. Agriculture and Markets Law 322
Not-for-profit organization: means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the department of law, a religious corporation as defined in § 66 of the general construction law, a trustee as defined in section 8-1. See N.Y. Arts and Cultural Affairs Law 25.03
nucs: shall mean small honey bee colonies created from larger colonies including the nuc box, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony. See N.Y. Agriculture and Markets Law 301
NYCERS nineteen hundred eighty-five unfunded accrued liability adjustment attributable to the senior colleges: shall mean the total amount which is determined pursuant to the provisions of sub-items (H), (I), (J) and (J-1) of item (vii) of subparagraph (c) of paragraph three of subdivision b of section 13-127 of the administrative code of the city of New York to be the amount to be applied as a credit in favor of the city of New York and the state of New York with respect to their required contributions to the contingent reserve fund of the New York city employees' retirement system for any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
NYCTRS installment of nineteen hundred ninety BSL contribution attributable to the senior colleges: shall mean any installment defined in paragraph forty-eight of subdivision a of section 13-638. See N.Y. Education Law 6202
NYCTRS nineteen hundred eighty-five unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph ten of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-1 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
NYCTRS nineteen hundred eighty-six unfunded accrued liability adjustment: shall mean the total amount which is determined pursuant to the provisions of paragraph eleven of subdivision e of section 13-527 of the administrative code of the city of New York to be the amount to be applied as a credit, pursuant to the provisions of subparagraph c-2 of paragraph two of subdivision a of such section 13-527, with respect to employer contributions to the New York city teachers' retirement system for fiscal years of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
NYSBIC: means the New York small business investment company which shall be organized and operated in conformity with Section 301(c) and applicable regulations. See N.Y. Banking Law 228-B
NYSSBIC: means the New York specialized small business investment company which shall be organized and operated in conformity with Section 301(d) and applicable regulations. See N.Y. Banking Law 228-B
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 children and family services. See N.Y. Executive Law 523-A
online education marketplace: shall mean a website or other internet-based online technology tool with which a licensed private career school or certified ESL school contracts for marketing or advertising services, or services in connection with the collection of tuition and/or fees, to the extent authorized in subdivision three of section five thousand four of this article. See N.Y. Education Law 5001
Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
Operator: means any person who owns, operates, or controls a place of entertainment or who promotes or produces an entertainment. See N.Y. Arts and Cultural Affairs Law 25.03
optional retirement program: means the retirement program established pursuant to this article. See N.Y. Education Law 6250
organization certificate: shall include an amended organization certificate. See N.Y. Banking Law 291
organization certificate: shall include an amended organization certificate. See N.Y. Banking Law 447-A
Originating entity: means a person or entity licensed or registered pursuant to article twelve-D of this chapter or such other employer of mortgage loan originators as the superintendent may approve. See N.Y. Banking Law 599-B
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
ownership or control interest: means : with respect to a school that is organized as or owned by a corporation, a position as an officer or director of such corporation; or, with respect to a school that is organized as or owned by a partnership, a position as a partner; or any other interest totaling ten percent or more, whether direct or indirect, in the total equity or assets of such school. See N.Y. Education Law 5001
Owning bank holding company: when used in this article with respect to a subsidiary trust company, means the bank holding company which owns all of the outstanding voting stock of such subsidiary trust company. See N.Y. Banking Law 150
Parent: means a legal resident of the state of New York with a New York taxable income of under five thousand dollars who is a parent, stepparent, adoptive parent and the spouse of an adoptive parent of a pupil enrolled in a nonpublic school, or a resident with such taxable income standing in loco parentis to such pupil. See N.Y. Education Law 561
parent: shall mean a person in parental relation to a child, as that phrase is defined in subdivision ten of section two of this chapter. See N.Y. Education Law 2590-A
Pari-mutuel horse race: means any horse race upon which betting is conducted under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940. See N.Y. Penal Law 180.35
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.
Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. Education Law 501
Pension reserve: shall mean the present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
Performing group: means any vocal or instrumental group seeking to use, using, advertising the use of, or promoting the name of a recording group that has previously released a commercial sound recording under the name of such recording group. See N.Y. Arts and Cultural Affairs Law 34.03
Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 258-BB
Person: means any individual, corporation, partnership, association, municipality, or other legal entity. See N.Y. Agriculture and Markets Law 400
Person: means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See N.Y. Banking Law 554
Person: means an individual or any corporation, company, limited liability company, partnership, association or other entity. See N.Y. Banking Law 599-B
Person: when used in this article means an individual, partnership, corporation, unincorporated association, joint stock association, trust or other group, however organized. See N.Y. Banking Law 635
person: shall mean an individual, firm, company, partnership, corporation, trust or association. See N.Y. Arts and Cultural Affairs Law 23.03
Person: means any individual or entity. See N.Y. Penal Law 187.00
Personal property: All property that is not real property.
pet: means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. See N.Y. Agriculture and Markets Law 350
Pet Dealer: means any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. See N.Y. Agriculture and Markets Law 400
Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
Physical structure: means the place of entertainment, or in the case where a structure either partially or wholly surrounds the place of entertainment, such surrounding structure. See N.Y. Arts and Cultural Affairs Law 25.03
place of entertainment: shall mean a theatre, dinner theatre, hall, coliseum, convention center, arena, auditorium, stadium, concert hall, garden, outdoor space or other place of amusement operated as a for profit entity and located in this state in which theatrical productions, sporting events or other events are presented. See N.Y. Arts and Cultural Affairs Law 23.03
Place of entertainment: means any privately or publicly owned and operated entertainment facility such as a theatre, stadium, arena, racetrack, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which an entry fee is charged. See N.Y. Arts and Cultural Affairs Law 25.03
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means the county and municipal agricultural and farmland protection plan as provided for in this article. See N.Y. Agriculture and Markets Law 322
Plant: shall mean real property, the buildings, improvements and structures thereon and the fixtures thereon other than machinery or equipment used by a project occupant in its operations. See N.Y. Public Authorities Law 1801
Plant: includes the site, structure, building and equipment and all real and personal property in connection therewith, whether or not in existence, and may include any road, railroad, or utility or equipment appurtenant thereto. See N.Y. Public Authorities Law 1836-B
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Pollution control facilities: shall mean real or personal property having to do with, or the end purpose of which, is the control, abatement or prevention of land, sewer, water, air, thermal, radiational, noise or general environmental pollution resulting from the operation of an industrial, manufacturing or research plant. See N.Y. Public Authorities Law 1801
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}
Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. ^{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.
Preferred lender list: shall mean a list of one or more recommended or suggested lending institutions that a covered institution makes available for use, in print or any other medium or form, by borrowers, potential borrowers or others. See N.Y. Education Law 620
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Premium finance agency: means :

(a) a person engaged, in whole or in part, in the business of entering into premium finance agreements with insureds, including a bank if so engaged; or

(b) a person engaged, in whole or in part, in the business of acquiring premium finance agreements from insurance agents or brokers or other premium finance agencies, including a bank if so engaged and an insurance agent or broker who is licensed as a premium finance agency and who holds premium finance agreements made and delivered by insureds to him or his order. See N.Y. Banking Law 554
Premium finance agreement: means a promissory note or other written agreement by which an insured promises or agrees to pay to, or to the order of, either a premium finance agency or an insurance agent or broker the amount advanced or to be advanced under the agreement to an authorized insurer or to an insurance agent or broker in payment of premiums on an insurance contract, together with a service charge as authorized and limited by law. See N.Y. Banking Law 554
Present teacher: shall mean any teacher who was a teacher on or before the first day of August, nineteen hundred twenty-one, whose membership in the retirement system created by this article has been continuous and

a. See N.Y. Education Law 501
President: shall mean the president of the New York state higher education services corporation. See N.Y. Education Law 601
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
principal: shall mean and include every person or firm directly or indirectly controlling the business affairs or operations of a theatrical production company or of a ticket distributor, as defined herein. See N.Y. Arts and Cultural Affairs Law 23.03
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.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Processing of hemp in connection with its growing and cultivation: means the growing, cultivation, cloning, harvesting, drying, curing, grinding and trimming of hemp plants. See N.Y. Agriculture and Markets Law 505
Program: means the state agricultural and farmland protection program created pursuant to the provisions of this article. See N.Y. Agriculture and Markets Law 322
Program: shall mean the New York state college choice tuition savings program established pursuant to this article. See N.Y. Education Law 695-B
Program manager: shall mean a financial organization selected by the comptroller to act as a depository and manager of the program. See N.Y. Education Law 695-B
project: shall mean , with respect to an educational facilities capital plan, (a) the performance, at a specified educational facility, of one or more program elements, as defined in paragraph a, b, c or d of subdivision two of section twenty-five hundred ninety-p of this article; or (b) the performance of the program elements defined in paragraphs f and g of such subdivision or any system replacement identified in paragraph e of such subdivision. See N.Y. Education Law 2590-A
Project: shall mean (i) the construction of a new industrial or manufacturing plant, a new research and development building or other new eligible business facility, (ii) the acquisition, rehabilitation or improvement of a former or existing industrial or manufacturing plant, of a former or existing building to be used for research and development, of a former or existing other eligible business facility, (iii) the construction, acquisition, rehabilitation or improvement of pollution control facilities, (iv) the purchase of machinery and equipment, for which financial assistance from the authority is sought, or (v) assistance to employees under an employee ownership assistance loan agreement made pursuant to subtitle six of this title; provided, however, that any such plant, building, facility or machinery and equipment therefore shall not be primarily used in making retail sales of goods or services to customers who personally visit such facilities to obtain such goods or services, or used primarily as a hotel, apartment house or other place of business which furnishes dwelling space or accommodations to either residents or transients. See N.Y. Public Authorities Law 1801
Project cost: shall mean the aggregate costs incurred to finance the construction, acquisition, rehabilitation, or improvement of a project, and which are determined by the authority to be or to have been reasonably necessary therefor, including, without intending thereby to limit the generality of such costs: the cost of acquiring real property therefor; the cost of constructing or reconstructing buildings and improvements thereon, including, to the extent such costs are not borne by the municipality or other taxing district within which the project is located, the cost of constructing means of access to and from such project; the cost of constructing extensions to the project site of existing utility systems if such costs are customarily borne by the consumer; insurance premiums, financing charges, interest costs, commitment fees and the like incurred prior to or during the period of construction, acquisition, rehabilitation or improvement; any fees or charges imposed by the authority in respect of an application for a mortgage loan; the cost of preparing project specifications, maps, plans, surveys, estimates, applications and other documents, including costs related to determination of the feasibility of the project in the planning stages; and all such other costs, charges, fees, and expenses, including labor costs, overhead costs, the costs of materials and supplies, and engineering, accounting and legal expenses, as may be reasonably incident to the construction, acquisition, rehabilitation or improvement of the project; provided, however, that the term "project cost" except when used in subtitle III of this title shall not include the cost of any machinery or equipment (other than fixtures) or personal property to be used by the project occupant in its operations or any expenses related to the installation, replacement or rehabilitation thereof. See N.Y. Public Authorities Law 1801
Project cost: includes all reasonable and necessary costs to be incurred in the course of an eligible project, including any anticipated acquisition, construction, land acquisition, improvements, equipment, pertinent rights and easements, and associated technical, engineering, legal and financial services. See N.Y. Public Authorities Law 1836-B
Project occupant: shall mean the business enterprise which proposes to use a project after construction, acquisition, rehabilitation or improvement. See N.Y. Public Authorities Law 1801
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: shall mean the family court, the division for youth or the local social services district. See N.Y. Education Law 4001
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public or private agencies: means any department, division, bureau, or program of the federal or state government, or local governments, public benefit corporations, private non-profit organizations, or educational institutions. See N.Y. Agriculture and Markets Law 282
Public or private agency: shall mean any agency of federal, state or local government, regional market authority, public benefit corporation, not-for-profit corporation, cooperative corporation or educational institution. See N.Y. Agriculture and Markets Law 260
Publisher: means any publishing house, publishing firm, or publishing company that publishes textbooks and supplemental materials. See N.Y. Education Law 720
Pupil: means a resident of the state of New York who has been enrolled full-time in a nonpublic school and whose parents' combined taxable income is less than five thousand dollars. See N.Y. Education Law 561
Qualified higher education expenses: shall mean any qualified higher education expense included in section 529 of the Internal Revenue Code of 1986, as amended. See N.Y. Education Law 695-B
Qualified withdrawal: shall mean a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account at an eligible educational institution. See N.Y. Education Law 695-B
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.
Real property: shall mean lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term and includes also any and all interests in such property less than full title, such as easements permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments in every estate, interest or right, legal or equitable. See N.Y. Public Authorities Law 1801
Recess: A temporary interruption of the legislative business.
Recording group: means any vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which such member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See N.Y. Arts and Cultural Affairs Law 34.03
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}
Registered mortgage loan originator: means any individual who:

(a) Meets the definition of mortgage loan originator and is an employee of:

(i) a depository institution;

(ii) a subsidiary that is owned and controlled by a depository institution and regulated by a federal banking agency; or

(iii) an institution regulated by the Farm Credit Administration; and

(b) Is registered with, and maintains a unique identifier through, the NMLSR. See N.Y. Banking Law 599-B
registered voter: shall mean an elector of the city of New York under the election law. See N.Y. Education Law 2590-A
Regular school year: means all of the months of the calendar year exclusive of July and August. See N.Y. Education Law 561
Rehabilitation facility: means a facility, operated for the principal purpose of assisting in the rehabilitation of handicapped persons and

a. See N.Y. Education Law 1002
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.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
representative: shall mean any person or entity engaging in any activity in this state for or on behalf of a foreign banking corporation, provided that such activity is not otherwise permitted by law. See N.Y. Banking Law 221-B
Resale: means any sale of a ticket for entrance to a place of entertainment located within the boundaries of the state of New York other than a sale by the operator or the operator's agent who is expressly authorized to make first sales of such tickets. See N.Y. Arts and Cultural Affairs Law 25.03
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Reserves: means the aggregate total of capital, advance premiums, assessments and retained earnings of the fund. See N.Y. Banking Law 420
Residential mortgage loan: shall mean a loan to a natural person made primarily for personal, family or household use, secured by either a mortgage, deed of trust or other equivalent consensual security interest on a dwelling (as defined in section 1203(v) of the Truth in Lending Act) or residential real property or any certificate of stock or other evidence of ownership in, and proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property and shall include any refinance or modification of any such existing loan. See N.Y. Banking Law 599-B
Residential mortgage loan: means a loan or agreement to extend credit, including the renewal, refinancing or modification of any such loan, made to a person, which loan is primarily secured by either a mortgage, deed of trust, or other lien upon any interest in residential real property or any certificate of stock or other evidence of ownership in, and a proprietary lease from, a corporation or partnership formed for the purpose of cooperative ownership of residential real property. See N.Y. Penal Law 187.00
Residential real property: shall mean real property located in this state improved by a one-to-four family residence or residential unit in a building used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such residence is to be constructed. See N.Y. Banking Law 599-B
Residential real property: means real property improved by a one-to-four family dwelling, or a residential unit in a building including units owned as condominiums or on a cooperative basis, used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to unimproved real property upon which such dwellings are to be constructed. See N.Y. Penal Law 187.00
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retirement allowance: shall mean the pension plus the annuity. See N.Y. Education Law 501
Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. Education Law 501
Retirement fund: shall mean the state teachers' retirement fund for public school teachers of the state of New York as created by chapter one hundred forty of the laws of nineteen hundred ten, chapter four hundred forty-nine of the laws of nineteen hundred eleven, chapter forty-four of the laws of nineteen hundred fourteen, chapter one hundred three of the laws of nineteen hundred nineteen and chapter one hundred sixty-one of the laws of nineteen hundred twenty-three. See N.Y. Education Law 501
Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. Education Law 501
Revenue sharing: shall mean any arrangement whereby a lending institution pays a covered institution or an affiliated entity or organization of such covered institution a percentage of the principal of each loan directed towards the lending institution from a borrower at the covered institution. See N.Y. Education Law 620
revised unfunded accrued liability contribution: when used in relation to the New York city employees' retirement system, shall mean a payment of contribution which is required by the provisions of item (iii) of subparagraph (a) of paragraph one of subdivision b of section 13-127 of the administrative code of the city of New York to be made to such retirement system with respect to any fiscal year of the city preceding July first, nineteen hundred ninety. See N.Y. Education Law 6202
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
safe deposit box: means a vault, safe deposit box or other receptacle. See N.Y. Banking Law 332
salary: shall mean the amount of compensation that is to be paid to a teacher for services rendered during the full ten months period that the public schools of the district are required by law to be in session during any school year. See N.Y. Education Law 3101
salary: means all amounts paid by or for the city of New York as compensation for services rendered by an eligible employee. See N.Y. Education Law 6250
school district: shall mean any common, union free, central, central high or city school district, or a board of cooperative educational services. See N.Y. Education Law 1980
School district: means common school districts, to the extent that they provide transportation of students in grades seven through twelve to a school outside the district, consolidated school districts, central school districts, central high school districts, union free school districts, except special act school districts as defined in section four thousand one of this chapter, and city school districts. See N.Y. Education Law 3621
School district of origin: shall mean the public school district of which a child was or is a resident at the time of such child's placement in the care and custody of a public agency. See N.Y. Education Law 4001
School district of residence: shall mean the public school district in which the child was or is living at the time a public agency is considering placement of the child in a child care institution, or at the time a child is placed with the division for youth. See N.Y. Education Law 4001
senior college: shall mean an institution of higher education in the city of New York, which is governed and administered by the board of trustees, including, but not limited to, a professional or graduate institution, an institution for research, an administrative institution, and, except as otherwise provided, Medgar Evers college, New York city college of technology (formerly known as "New York city technical college" and "New York city community college"), and the college of Staten Island, but not including a community college. See N.Y. Education Law 6202
Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. Education Law 501
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.
silvopasturing: shall mean the intentional combination of trees, forages and livestock managed as a single integrated practice for the collective benefit of each, including the planting of appropriate grasses and legume forages among trees for sound grazing and livestock husbandry. See N.Y. Agriculture and Markets Law 301
Small business: means a business which is independently owned and operated, and which is not dominant in the field of operation. See N.Y. Public Authorities Law 1695
Soil and water conservation district: means an entity as defined in subdivision one of § 3 of the soil and water conservation districts law. See N.Y. Agriculture and Markets Law 322
Sound recording: means any work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, including, but not limited to, a disk, tape, computerized file or other phono-record, in which the sounds are embodied. See N.Y. Arts and Cultural Affairs Law 34.03
Special act school district: shall mean those school districts enumerated in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven as amended. See N.Y. Education Law 4001
Sports contest: means any professional or amateur sport or athletic game or contest viewed by the public. See N.Y. Penal Law 180.35
Sports official: means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest. See N.Y. Penal Law 180.35
Sports participant: means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team. See N.Y. Penal Law 180.35
State: shall mean the state of New York. See N.Y. Public Authorities Law 1801
State agency: shall mean any officer, department, board, commission, bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Public Authorities Law 1801
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.
Storage: shall mean a facility or equipment with a refrigerated, controlled atmosphere, or other enclosed unit used for the purpose of long-term storage of farm and food products in connection with a farmers' market. See N.Y. Agriculture and Markets Law 260
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Subsidiary: when used in this article, means (a) any company ten per centum or more of whose voting stock is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled, or held with power to vote, by a bank holding company; or (b) any company the election of a majority of whose directors is controlled in any manner by a bank holding company; or (c) any company ten per centum or more of whose voting stock is directly or indirectly owned, controlled, or held with power to vote, by a trustee or trustees for the benefit of the stockholders or members of a bank holding company; or (d) any company at least ten per centum of the voting stock of which is directly or indirectly, or through a subsidiary or subsidiaries, owned, controlled or held with power to vote by a combination of a bank holding company and by a trustee or trustees for the benefit of the stockholders or members of such bank holding company. See N.Y. Banking Law 141
subsidiary: when used in this article, shall each have the same meaning specified in section one hundred forty-one of this chapter. See N.Y. Banking Law 150
Subsidiary trust company: when used in this article, means a trust company which is subject to the provisions of this article. See N.Y. Banking Law 150
Substantial handicap to employment: means that a physical or mental disability (in the light of attendant medical, psychological, vocational, educational, cultural, social or environmental factors) impedes an individual's occupational performance, by preventing his obtaining, retaining, or preparing for a gainful occupation consistent with his capacities and abilities. See N.Y. Education Law 1002
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means the superintendent of financial services. See N.Y. Banking Law 554
Supplemental materials: means materials that supplement the primary textbook or textbooks that come in the form of another book, online technologies, a workbook, CD-ROM, or any other format, and that can be used by a faculty member or a student during the teaching of a course. See N.Y. Education Law 720
Supported employment: means paid competitive work performed by individuals with severe disabilities who require intensive support services to obtain such employment and extended support to sustain such employment, and which is performed in an integrated setting which provides regular interactions with individuals who do not have disabilities, other than paid caregivers. See N.Y. Education Law 1002
Supported employment services: means support services needed by individuals with severe disabilities to obtain and sustain supported employment. See N.Y. Education Law 1002
Syndication: shall mean all forms, methods and devices for pooling of investment funds for the chief purpose of participating in a theatrical production company, as defined herein. See N.Y. Arts and Cultural Affairs Law 23.03
Taxable income: means the amount of combined net taxable income, if any, of both parents computed in accordance with the provisions of § 611 of the tax law computed without the benefit of the modification of federal adjusted gross income for nonpublic school tuition pursuant to paragraph (14) of subsection (c) of § 612 of the tax law, for the year for which a tuition reimbursement payment is sought. See N.Y. Education Law 561
Teacher: shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal, supervisor, supervisory principal, director, superintendent, city superintendent, assistant city superintendent, district superintendent and other member of the teaching or professional staff of any class, public school, vocational school, truant reformatory school or parental school, and of any or all classes of schools within the state of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York state education department or of a duly elected board of education, board of school directors or board of trustees of the state or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods. See N.Y. Education Law 501
Teachers: shall mean all full-time members of the teaching and supervisory staff of each school district of the state, including, if employed in such district, the superintendent of schools, associate, district or other superintendents, members of the board of examiners, directors, inspectors, supervisors, principals, administrative assistants, first assistants, teachers, school psychologists, social workers in a city having a population of over one million, lecturers and special instructors, except employees holding the positions enumerated in subdivisions one and two of section thirty-one hundred six of this article. See N.Y. Education Law 3101
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.
Testator: A male person who leaves a will at death.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Textbook: means any textbook that is adopted for a course, as determined by the faculty member or members or entity charged with choosing that textbook. See N.Y. Education Law 720
theatrical production: shall mean those live-staged dramatic productions, dramatic-musical productions and concerts, as defined in this subdivision, which hereafter are shown to the public for profit and which are financed wholly or in part by the offering or sale in or from this state, directly, or through agents or distributors, of investment agreements, evidences of interest, limited partnerships, producer shares, equity or debt securities, pre-organization subscriptions or any other syndication participation, when any persons are offered, solicited to purchase or sell, directly or indirectly, such syndication interests for moneys or services within or from the state of New York; provided, however, that for purposes of paragraphs (h) and (i) of this subdivision a "theatrical production" shall mean any live-staged dramatic production, dramatic-musical production or concert which is presented to the public in a place of entertainment as defined in this subdivision. See N.Y. Arts and Cultural Affairs Law 23.03
theatrical production company: shall mean any entity formed to (i) develop, produce, invest in or otherwise exploit, or any combination thereof, one or more specified or nonspecified theatrical productions, and (ii) conduct all activities related thereto. See N.Y. Arts and Cultural Affairs Law 23.03
Ticket: means any evidence of the right of entry to any place of entertainment. See N.Y. Arts and Cultural Affairs Law 25.03
Ticket office: means a building or other structure located other than at the place of entertainment, at which the operator or the operator's agent offers tickets for first sale to the public. See N.Y. Arts and Cultural Affairs Law 25.03
Title III: means Title III of the Small Business Investment Act of 1958, United States Pub. See N.Y. Banking Law 228-B
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
True bill: Another word for indictment.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust office: when used in this article with respect to a subsidiary trust company, means an office of the subsidiary trust company maintained for the purpose of conducting its business. See N.Y. Banking Law 150
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
Tuition: means the amount actually paid by a parent for the enrollment of a pupil at a nonpublic school for the calendar year for which a tuition reimbursement payment is sought. See N.Y. Education Law 561
Tuition: shall mean the per pupil cost of all instructional services, supplies and equipment, and the operation of instructional facilities as determined by the commissioner. See N.Y. Education Law 4001
tuition: as used in this article and in the provisions of chapter ten hundred sixty of the laws of nineteen hundred seventy-four shall mean the per pupil cost of all instructional services, supplies, equipment and the operation of instructional facilities as determined by the commissioner. See N.Y. Education Law 4211
Tuition savings agreement: shall mean an agreement between the comptroller or a financial organization and the account owner. See N.Y. Education Law 695-B
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}
Unique identifier: means a number or other identifier assigned by protocols established by the NMLSR. See N.Y. Banking Law 599-B
Uphold: The decision of an appellate court not to reverse a lower court decision.
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Viable agricultural land: means land highly suitable for a farm operation as defined in this section. See N.Y. Agriculture and Markets Law 301
Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
Vocational rehabilitation services: means :

a. See N.Y. Education Law 1002
Voting shareholders: means those shareholders of the NYSBIC or the NYSSBIC that contribute to the capitalization and ongoing funding of the investment companies. See N.Y. Banking Law 228-B
Without authorization: means to use or to access a computer, computer service or computer network without the permission of the owner or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. See N.Y. Penal Law 156.00
Workplace literacy and basic skills education: means those common branch skills and English-as-a-second-language skills that are directly related to the ability to perform occupational tasks. See N.Y. Education Law 5100
Workshop: means a place where any manufacture or handiwork is carried on and which is operated for the principle purpose of providing gainful employment to severely handicapped persons (a) as an interim step in the rehabilitation process for those who cannot be absorbed in the competitive labor market; or (b) during such time as employment opportunities for them in the competitive labor market do not exist. See N.Y. Education Law 1002
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Year of service: shall mean the number of years which a teacher has served in the school district in which he is employed including the year for which a determination for salary purposes is made. See N.Y. Education Law 3101

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