Terms Used In New York Laws > Banking > Article 4 - Private Bankers

• Accessibility lift: means elevators or conveyances that are intended for transportation of persons with disabilities, such as platform lifts and stairway chairlifts, including equipment covered by the provisions of ASME (American Society of Mechanical Engineers) A18. See N.Y. Labor Law 951
• Accessibility lift work: means elevator and conveyance work that is restricted to accessibility lifts. See N.Y. Labor Law 951
• Account: means any account with a bank and includes a
  
  checking, time, interest or savings account;
  
  (b) "Afternoon" means the period of a day between noon and
  
  midnight;
  
  (c) "Banking day" means that part of any day on which a bank is
  
  open to the public for carrying on substantially all of its
  
  banking functions;
  
  (d) "Clearing house" means any association of banks or other
  
  payors regularly clearing items;
  
  (e) "Customer" means any person having an account with a bank or
  
  for whom a bank has agreed to collect items and includes a
  
  bank carrying an account with another bank;
  
  (f) "Documentary draft" means any negotiable or non-negotiable
  
  draft with accompanying documents, securities or other papers
  
  to be delivered against honor of the draft;
  
  (g) "Item" means any instrument for the payment of money even
  
  though it is not negotiable but does not include money;
  
  (h) "Midnight deadline" with respect to a bank is midnight on its
  
  next banking day following the banking day on which it
  
  receives the relevant item or notice or from which the time
  
  for taking action commences to run, whichever is later;
  
  (i) "Obligated bank" means the acceptor of a certified check, the
  
  issuer of a cashier's check, or the drawer of a teller's
  
  check;
  
  (j) "Properly payable" includes the availability of funds for
  
  payment at the time of decision to pay or dishonor;
  
  (k) "Remitter" means the buyer from the obligated bank of a
  
  cashier's check or a teller's check, and the drawer of a
  
  certified check;
  
  (l) "Settle" means to pay in cash, by clearing house settlement,
  
  in a charge or credit or by remittance, or otherwise as
  
  instructed. See N.Y. Uniform Commercial Code 4-104
• Affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See N.Y. Labor Law 860-A
• 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.
• Alteration: means any change to any conveyance or component other than maintenance, repair, or replacement, but shall not include the professional services of engineering or architecture as defined in sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved asbestos safety program: means a program approved by the commissioner of health providing training in the handling and use of asbestos and asbestos material, education concerning safety and health risks inherent in such handling and use and training in techniques for minimizing exposure of the public to asbestos fibers. See N.Y. Labor Law 901
• Arrest: Taking physical custody of a person by lawful authority.
• article of procurement: shall mean a commodity, service, technology, public work, construction, revenue contract, the purchase, sale or lease of real property or an acquisition or granting of other interest in real property, that is the subject of a governmental procurement. See N.Y. Legislative Law 1-C
• Asbestos: means any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cummingtonite-grunerite), crocidolite (riebeckite), tremolite, anthrophyllite and actinolite. See N.Y. Labor Law 901
• Asbestos contract: means an oral or written agreement contained in one or more documents for the performance of work on an asbestos project and includes all labor, goods and services. See N.Y. Labor Law 901
• Asbestos contractor: means the state, any political subdivision of the state, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation, limited liability corporation or professional limited liability corporation and any owner or operator thereof, which engages in any portion of an asbestos project or employs persons engaged in an asbestos project. See N.Y. Labor Law 901
• Asbestos handling certificate: means a certificate issued by the commissioner pursuant to the provisions of this article to a person who has satisfactorily completed an approved asbestos safety program. See N.Y. Labor Law 901
• Asbestos handling license: means a license issued by the commissioner pursuant to the provisions of this article to an asbestos contractor engaged in an asbestos project. See N.Y. Labor Law 901
• Asbestos material: means any material containing more than one percent by weight of asbestos. See N.Y. Labor Law 901
• Asbestos project: means work undertaken which involves the removal, encapsulation, enclosure, repair or disturbance of friable or non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fiber except for work in an owner-occupied single family dwelling performed by the owner of such dwelling and, for the purpose of compliance with regulations promulgated pursuant to subdivision one of section nine hundred six of this article, except for in-plant operations as defined in subdivision thirteen of this section. See N.Y. Labor Law 901
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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}
• Board: shall mean the New York state occupational safety and health hazard abatement board created pursuant to the provisions of section twenty-seven-a of this chapter. See N.Y. Labor Law 885
• Board: means the New York state elevator safety and standards advisory board established by section nine hundred fifty-six of this article. See N.Y. Labor Law 951
• Business: means any corporation, or instrumentality of a corporation, self-employed person, company, unincorporated association, firm, partnership, limited liability company, corporation, or any other entity, or any owner or operator of any of the foregoing entities. See N.Y. Labor Law 951
• Business license: means a license that authorizes the holder to engage in the business of elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Client: means a person who enters into a professional employer agreement with a professional employer organization. See N.Y. Labor Law 916
• client: shall mean every person or organization who retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client. See N.Y. Legislative Law 1-C
• Commercial goods transportation contractor: includes a general commercial goods transportation contractor or a commercial goods transportation subcontractor. See N.Y. Labor Law 862-A
• Commercial goods transportation services: means the transportation of goods for compensation by a driver who possesses a state-issued driver's license, transports goods in the state of New York, and operates a commercial motor vehicle as defined in subdivision four-a of § 2 of the transportation law. See N.Y. Labor Law 862-A
• Commercial unit: means such a unit of goods as by commercial
  
  usage is a single whole for purposes of lease and division of
  
  which materially impairs its character or value on the market
  
  or in use. See N.Y. Uniform Commercial Code 2-A-103
• commission: shall mean the commission on ethics and lobbying in government created by § 94 of the executive law. See N.Y. Legislative Law 1-C
• commission salesperson: shall mean any person the primary purpose of whose employment is to cause or promote the sale of, or to influence or induce another to make a purchase of an article of procurement, whether such person is an employee (as that term is defined for tax purposes) of or an independent contractor for a vendor, provided that an independent contractor shall have a written contract for a term of not less than six months or for an indefinite term, and which person shall be compensated, in whole or in part, by the payment of a percentage amount of all or a substantial part of the sales which such person has caused, promoted, influenced or induced, provided, however, that no person shall be considered a commission salesperson with respect to any sale to or purchase by a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body if the percentage amount of any commission payable with respect to such sale or purchase is substantially in excess of any commission payable with respect to any comparable sale to a purchaser that is not a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body; further, provided, however, that any person that is required to file a statement or report pursuant to this article by virtue of engaging in lobbying activities as defined in paragraphs (i) through (iv) and (vi) through (x) of subdivision (c) of this section shall not be deemed to be a "commission salesperson" for purposes of this article. See N.Y. Legislative Law 1-C
• Commissioner: means the commissioner of labor. See N.Y. Labor Law 861-B
• Commissioner: means the commissioner of labor. See N.Y. Labor Law 862-A
• Commissioner: means the commissioner of labor. See N.Y. Labor Law 901
• compensation: shall mean any salary, fee, gift, payment, benefit, loan, advance or any other thing of value paid, owed, given or promised to the lobbyist by the client for lobbying but shall not include contributions reportable pursuant to Article 14 of the election law. See N.Y. Legislative Law 1-C
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurring petition: means a document distributed by the secretary or clerk of the receiving house to the members thereof upon receipt from the clerk or secretary of the initiating house of a certified copy of a petition timely executed by two-thirds of the members of the initiating house duly requesting the convening of an extraordinary session. See N.Y. Legislative Law 34
• Construction: means constructing, reconstructing, altering, maintaining, moving, rehabilitating, repairing, renovating or demolition of any building, structure, or improvement, or relating to the excavation of or other development or improvement to land. See N.Y. Labor Law 861-B
• Construction: means the act or process of constructing any conveyance, and includes vertically constructing or connecting any conveyance or part or system thereof. See N.Y. Labor Law 951
• Consumer lease: means a lease that a lessor regularly
  
  engaged in the business of leasing or selling makes to a
  
  lessee who is an individual and who takes under the lease
  
  primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: includes a general contractor and a subcontractor. See N.Y. Labor Law 861-B
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of labor. See N.Y. Labor Law 861-B
• Department: means the department of labor. See N.Y. Labor Law 862-A
• Department: means the department of labor. See N.Y. Labor Law 901
• Dependent: A person dependent for support upon another.
• Depositary bank: means the first bank to which an item is transferred for collection even though it is also the payor bank;
  
  (b) "Payor bank" means a bank by which an item is payable as drawn or accepted;
  
  (c) "Intermediary bank" means any bank to which an item is transferred in course of collection except the depositary or payor bank;
  
  (d) "Collecting bank" means any bank handling the item for collection except the payor bank;
  
  (e) "Presenting bank" means any bank presenting an item except a payor bank;
  
  (f) "Remitting bank" means any payor or intermediary bank remitting for an item. See N.Y. Uniform Commercial Code 4-105
• Design: means the act or process of planning the repair, alteration, or construction of any conveyance, but shall not include the professional services of engineering or architecture as defined in sections seventy-two hundred one and seventy-three hundred one of the education law. See N.Y. Labor Law 951
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Elevator: means a hoisting and lowering mechanism, equipped with a car, that moves within guides and serves two or more landings. See N.Y. Labor Law 951
• Elevator and conveyance inspections: means performing the inspection or any related testing of any elevator or conveyance, but does not include government regulatory inspections performed by an authority having jurisdiction to enforce any applicable building codes and any elevator codes. See N.Y. Labor Law 951
• Elevator and conveyance work: means performing activities that include the design, construction, installation, testing, maintenance, alteration, service, and repair of any elevator or conveyance. See N.Y. Labor Law 951
• Elevator contractor: means any business that engages in elevator and conveyance work. See N.Y. Labor Law 951
• Elevator inspection contractor: means any business that performs elevator and conveyance inspections. See N.Y. Labor Law 951
• Elevator inspector: means any person who performs elevator and conveyance inspections, whether individually or through an elevator inspection contractor or public employer. See N.Y. Labor Law 951
• Elevator mechanic: means any person who performs elevator and conveyance work. See N.Y. Labor Law 951
• Elevator or conveyance: means any equipment identified in paragraphs (a) through (d) of subdivision one of section nine hundred fifty of this article, including any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, non-residential stairway chairlifts and automated people movers. See N.Y. Labor Law 951
• Employer: means any business enterprise that employs fifty or more employees, excluding part-time employees, or fifty or more employees that work in the aggregate at least two thousand hours per week. See N.Y. Labor Law 860-A
• Employer: means any contractor that employs individuals deemed employees under this article. See N.Y. Labor Law 861-B
• Employer: means any commercial goods transportation contractor which compensates a person classified as an employee under section eight hundred sixty-two-b of this article. See N.Y. Labor Law 862-A
• Employer: means any individual, partnership, corporation or association engaged in a business who has employees including the state and its political subdivisions. See N.Y. Labor Law 875
• Employment loss: means :
  
  (a) an employment termination, other than a discharge for cause, voluntary departure, or retirement;
  
  (b) a mass layoff exceeding six months;
  
  (c) a reduction in hours of work of more than fifty percent during each month of any consecutive six-month period. See N.Y. Labor Law 860-A
• 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.
• Entity: means a partnership, association, joint venture, company, sole proprietorship, corporation, limited liability corporation, professional limited liability corporation or any other form of doing business. See N.Y. Labor Law 901
• 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}
• Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See N.Y. Labor Law 951
• 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
• expenses: shall mean any expenditures incurred by or reimbursed to the lobbyist for lobbying but shall not include contributions reportable pursuant to Article 14 of the election law. See N.Y. Legislative Law 1-C
• 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.
• Fault: means wrongful act, omission, breach, or default. See N.Y. Uniform Commercial Code 2-A-103
• Fiduciary: A trustee, executor, or administrator.
• Finance lease: means a lease with respect to which: (i) the
  
  lessor does not select, manufacture, or supply the goods;
  
  (ii) the lessor acquires the goods or the right to possession
  
  and use of the goods in connection with the lease; and (iii)
  
  one of the following occurs: (A) the lessee receives a copy
  
  of the contract by which the lessor acquired the goods or the
  
  right to possession and use of the goods before signing the
  
  lease contract; (B) the lessee's approval of the contract by
  
  which the lessor acquired the goods or the right to
  
  possession and use of the goods is a condition to
  
  effectiveness of the lease contract; (C) the lessee, before
  
  signing the lease contract, receives an accurate and complete
  
  statement designating the promises and warranties, and any
  
  disclaimers of warranties, limitations or modifications of
  
  remedies, or liquidated damages, including those of any third
  
  party, such as the manufacturer of the goods, provided to the
  
  lessor by the person supplying the goods in connection with
  
  or as part of the contract by which the lessor acquired the
  
  goods or the right to possession and use of the goods; or (D)
  
  if the lease is not a consumer lease, the lessor, before the
  
  lessee signs the lease contract, informs the lessee in
  
  writing (a) of the identity of the person supplying the goods
  
  to the lessor, unless the lessee has selected that person and
  
  directed the lessor to acquire the goods or the right to
  
  possession and use of the goods from that person, (b) that
  
  the lessee is entitled under this Article to the promises and
  
  warranties, including those of any third party, provided to
  
  the lessor by the person supplying the goods in connection
  
  with or as part of the contract by which the lessor acquired
  
  the goods or the right to possession and use of the goods,
  
  and (c) that the lessee may communicate with the person
  
  supplying the goods to the lessor and receive an accurate and
  
  complete statement of those promises and warranties,
  
  including any disclaimers and limitations of them or of
  
  remedies. See N.Y. Uniform Commercial Code 2-A-103
• 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
• 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.
• Friable: means any material that when dry, can be crumbled, pulverized, crushed or reduced to powder by hand pressure or is capable of being released into the air by hand pressure. See N.Y. Labor Law 901
• fund: shall mean the training and education program on occupational safety and health fund created pursuant to the provisons of § 97-c of the state finance law. See N.Y. Labor Law 885
• 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 anything of more than nominal value given to a public official in any form including, but not limited to money, service, loan, travel, lodging, meals, refreshments, entertainment, discount, forbearance, or promise, having a monetary value. See N.Y. Legislative Law 1-C
• Goods: means all things that are movable at the time of
  
  identification to the lease contract, or are fixtures
  
  (Section 2-A-309), but the term does not include money,
  
  documents, instruments, accounts, chattel paper, general
  
  intangibles, or minerals or the like, including oil and gas,
  
  before extraction. See N.Y. Uniform Commercial Code 2-A-103
• governmental procurement: shall mean : (i) the public announcement, public notice, or public communication to any potential vendor of a determination of need for a procurement, which shall include, but not be limited to, the public notification of the specifications, bid documents, request for proposals, or evaluation criteria for a procurement contract, (ii) solicitation for a procurement contract, (iii) evaluation of a procurement contract, (iv) award, approval, denial or disapproval of a procurement contract, or (v) approval or denial of an assignment, amendment (other than amendments that are authorized and payable under the terms of the procurement contract as it was finally awarded or approved by the comptroller, as applicable), renewal or extension of a procurement contract, or any other material change in the procurement contract resulting in a financial benefit to the offerer. See N.Y. Legislative Law 1-C
• 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.
• House: means the senate or assembly of the state of New York. See N.Y. Legislative Law 34
• In-plant operations: means work within the premises of an employer other than the state, any political subdivision of the state, a public authority or other governmental agency or instrumentality thereof, in an area to which persons other than employees of that employer directly involved in the work will not have access during the course of the work and which is performed in a manner consistent with federal regulations promulgated under the federal occupational safety and health act pursuant to chapter 15 of title twenty-nine of the United States code, and is performed in a manner which will not expose the public or employees of that employer not directly involved with the asbestos project to asbestos fibers in excess of background levels or . See N.Y. Labor Law 901
• Initiating house: means the house wherein a request is filed with the secretary or clerk, as the case may be, under the provisions of subdivision a of section thirty-five of this article. See N.Y. Legislative Law 34
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means a critical examination, observation, or evaluation of quality and code compliance of any conveyance. See N.Y. Labor Law 951
• Installation: means to place or fix any conveyance or component in position for operation. See N.Y. Labor Law 951
• Installment lease contract: means a lease contract that
  
  authorizes or requires the delivery of goods in separate lots
  
  to be separately accepted, even though the lease contract
  
  contains a clause "each delivery is a separate lease" or its
  
  equivalent. See N.Y. Uniform Commercial Code 2-A-103
• Instrument: means a negotiable instrument. See N.Y. Uniform Commercial Code 3-102
• Issue: means the first delivery of an instrument to a holder
  
  or a remitter. See N.Y. Uniform Commercial Code 3-102
• Joint petition: means a document distributed jointly by the secretary and clerk to the members of both houses, transmitting the joint written request of at least one member of each house for the convening of an extraordinary session. See N.Y. Legislative Law 34
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• 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}
• Lease: means a transfer of the right to possession and use
  
  of goods for a term in return for consideration, but a sale,
  
  including a sale on approval or a sale or return, or
  
  retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103
• Lease agreement: means the bargain, with respect to the
  
  lease, of the lessor and the lessee in fact as found in their
  
  language or by implication from other circumstances including
  
  course of dealing or usage of trade or course of performance
  
  as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103
• Lease contract: means the total legal obligation that
  
  results from the lease agreement as affected by this Article
  
  and any other applicable rules of law. See N.Y. Uniform Commercial Code 2-A-103
• Leasehold interest: means the interest of the lessor or the
  
  lessee under a lease contract. See N.Y. Uniform Commercial Code 2-A-103
• Lessee: means a person who acquires the right to possession
  
  and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
• Lessor: means a person who transfers the right to possession
  
  and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a credential duly issued by the commissioner authorizing the holder to engage a business or an occupation whose scope includes accessibility lift work, or elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a charge against or interest in goods to secure
  
  payment of a debt or performance of an obligation, but the
  
  term does not include a security interest. See N.Y. Uniform Commercial Code 2-A-103
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• lobbying activities: shall mean and include any attempt to influence:
  
  (i) the passage or defeat of any legislation or resolution by either house of the state legislature including but not limited to the introduction or intended introduction of such legislation or resolution or approval or disapproval of any legislation by the governor;
  
  (ii) the adoption, issuance, rescission, modification or terms of a gubernatorial executive order;
  
  (iii) the adoption or rejection of any rule or regulation having the force and effect of law by a state agency;
  
  (iv) the outcome of any rate making proceeding by a state agency;
  
  (v) any determination: (A) by a public official, or by a person or entity working in cooperation with a public official related to a governmental procurement, or (B) by an officer or employee of the unified court system, or by a person or entity working in cooperation with an officer or employee of the unified court system related to a governmental procurement;
  
  (vi) the approval, disapproval, implementation or administration of tribal-state compacts, memoranda of understanding, or any other tribal-state agreements and any other state actions related to Class III gaming as provided in 25 U. See N.Y. Legislative Law 1-C
• lobbyist: shall mean every person or organization retained, employed or designated by any client to engage in lobbying. See N.Y. Legislative Law 1-C
• local legislative body: shall mean the board of supervisors, board of aldermen, common council, council, commission, town board, board of trustees or other elective governing board or body of a municipality now or hereafter vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws, ordinances and budgets, whether or not such local laws, ordinances or budgets require approval of the elective chief executive officer or other official or body to become effective. See N.Y. Legislative Law 1-C
• Lot: means a parcel or a single article that is the subject
  
  matter of a separate lease or delivery, whether or not it is
  
  sufficient to perform the lease contract. See N.Y. Uniform Commercial Code 2-A-103
• Maintenance: means a process of routine examination, lubrication, cleaning, and adjustment of any conveyance or components for the purpose of ensuring performance in accordance with any applicable code requirements. See N.Y. Labor Law 951
• Majority leader: see Floor Leaders
• Majority whip: See Whips.
• Mass layoff: means a reduction in force which:
  
  (a) is not the result of a plant closing; and
  
  (b) results in an employment loss at a single site of employment during any thirty-day period for:
  
  (i) at least thirty-three percent of the employees (excluding part-time employees); and
  
  (ii) at least twenty-five employees (excluding part-time employees); or
  
  (iii) at least two hundred fifty employees (excluding part-time employees). See N.Y. Labor Law 860-A
• Merchant lessee: means a lessee that is a merchant with
  
  respect to goods of the kind subject to the lease. See N.Y. Uniform Commercial Code 2-A-103
• Minority leader: See Floor Leaders
• Minority whip: See Whips.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• municipal agency: shall mean : (i) any department, board, bureau, commission, division, office, council, committee or officer of a municipality, whether permanent or temporary; or (ii) an industrial development agency, located in a jurisdictional subdivision of the state with a population of more than fifty thousand, or local public benefit corporation, as that term is defined in § 66 of the general construction law. See N.Y. Legislative Law 1-C
• municipality: shall mean any jurisdictional subdivision of the state, including but not limited to counties, cities, towns, villages, improvement districts and special districts, with a population of more than five thousand, and industrial development agencies in jurisdictional subdivisions with a population of more than five thousand; and public authorities, and public corporations. See N.Y. Legislative Law 1-C
• 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}
• 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.
• Occupational license: means a license that authorizes the holder to engage in accessibility lift work, or elevator and conveyance work or elevator and conveyance inspections. See N.Y. Labor Law 951
• offerer: shall mean the individual or entity, or any employee, agent or consultant of such individual or entity, that contacts a state agency, either house of the state legislature, the unified court system, a municipal agency or local legislative body about a governmental procurement provided, however, that a governmental agency or its employees that communicate with the procuring agency regarding a governmental procurement in the exercise of its oversight duties shall not be considered an offerer. See N.Y. Legislative Law 1-C
• order: is a direction to pay and must be more than an
  
  authorization or request. See N.Y. Uniform Commercial Code 3-102
• organization: shall mean any corporation, company, foundation, association, college as defined by § 2 of the education law, labor organization, firm, partnership, society, joint stock company, state agency or public corporation. See N.Y. Legislative Law 1-C
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent company: means an entity that directly, or indirectly through one or more intermediaries, controls the asbestos contractor. See N.Y. Labor Law 901
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any natural person. See N.Y. Labor Law 901
• Person: means an individual, an association, a company, a firm, a partnership, a corporation, or any other form of legally recognized entity. See N.Y. Labor Law 916
• Person: means any natural person. See N.Y. Labor Law 951
• Personal property: All property that is not real property.
• Personnel and material hoists: means rack and pinion hoists, alimaks, and machines of a similar nature used for the hoisting of construction material, equipment and personnel, or the removal of debris, all during the construction, renovation, and/or demolition phase of any construction project whether an inside or outside hoist. See N.Y. Labor Law 951
• Petition: means a document distributed by the secretary or clerk of the initiating house to the members thereof transmitting the request of a member or members of such house for the convening of an extraordinary session. See N.Y. Legislative Law 34
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any thirty-day period for twenty-five or more employees (other than part-time employees). See N.Y. Labor Law 860-A
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Present value: means the amount as of a date certain of one
  
  or more sums payable in the future, discounted to the date
  
  certain. See N.Y. Uniform Commercial Code 2-A-103
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• 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.
• Private residence: means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single family unit. See N.Y. Labor Law 951
• procurement contract: shall mean any contract or other agreement, including an amendment, extension, renewal, or change order to an existing contract (other than amendments, extensions, renewals, or change orders that are authorized and payable under the terms of the contract as it was finally awarded or approved by the comptroller, as applicable), for an article of procurement involving an estimated annualized expenditure in excess of fifteen thousand dollars. See N.Y. Legislative Law 1-C
• Professional employer agreement: means a written contract whereby:
  
  (a) A professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client;
  
  (b) The contract is intended to be on-going rather than temporary in nature;
  
  (c) Employer responsibilities for worksite employees, including those of hiring, firing and disciplining, are expressly allocated by and between the professional employer organization and the client in the agreement; and
  
  (d) The professional employer organization expressly assumes the rights and responsibilities as required in section nine hundred twenty-two of this article. See N.Y. Labor Law 916
• Professional employer organization: means any person whose business is entering into professional employer agreements with clients. See N.Y. Labor Law 916
• program: shall mean the training and education program on occupational safety and health created pursuant to the provisions of section eight hundred eighty-six of this article. See N.Y. Labor Law 885
• promise: is a n undertaking to pay and must be more than an
  
  acknowledgment of an obligation. See N.Y. Uniform Commercial Code 3-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• public corporation: shall mean a municipal corporation, a district corporation, or a public benefit corporation as defined in § 66 of the general construction law. See N.Y. Legislative Law 1-C
• public official: shall mean :
  
  (i) the governor, lieutenant governor, comptroller or attorney general;
  
  (ii) members of the state legislature;
  
  (iii) state officers and employees including:
  
  (A) heads of state departments and their deputies and assistants other than members of the board of regents of the university of the state of New York who receive no compensation or are compensated on a per diem basis,
  
  (B) officers and employees of statewide elected officials,
  
  (C) officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies,
  
  (D) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, and employees of such authorities, corporations and commissions;
  
  (iv) officers and employees of the legislature; and
  
  (v) municipal officers and employees including an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. See N.Y. Legislative Law 1-C
• Purchase: includes taking by sale, lease, mortgage, security
  
  interest, pledge, gift, or any other voluntary transaction
  
  creating an interest in goods. See N.Y. Uniform Commercial Code 2-A-103
• Quorum: The number of legislators that must be present to do business.
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiving house: means the house to which is transmitted a certified copy of a petition timely executed by two-thirds of the members of the initiating house. See N.Y. Legislative Law 34
• Recess: A temporary interruption of the legislative business.
• 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}
• Relocation: means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location fifty miles or more away. See N.Y. Labor Law 860-A
• 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.
• Repair: means reconditioning or renewal of any elevator or conveyance or component necessary to keep such equipment in compliance with applicable code requirements. See N.Y. Labor Law 951
• reportable business relationship: shall mean a relationship in which compensation is paid by a lobbyist or by a client of a lobbyist, in exchange for any goods, services or anything of value, the total value of which is in excess of one thousand dollars annually, to be performed or provided by or intended to be performed or provided by (i) any statewide elected official, state officer, state employee, member of the legislature or legislative employee, or (ii) any entity in which the lobbyist or the client of a lobbyist knows or has reason to know the statewide elected official, state officer, state employee, member of the legislature or legislative employee is a proprietor, partner, director, officer or manager, or owns or controls ten percent or more of the stock of such entity (or one percent in the case of a corporation whose stock is regularly traded on an established securities exchange). See N.Y. Legislative Law 1-C
• Representative: means an exclusive representative within the meaning of section 9(a) or 8(f) of the National Labor Relations Act (29 U. See N.Y. Labor Law 860-A
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• restricted period: shall mean the period of time commencing with the earliest written notice, advertisement or solicitation of a request for proposal, invitation for bids, or solicitation of proposals, or any other method for soliciting a response from offerers intending to result in a procurement contract with a state agency, either house of the state legislature, the unified court system, or a municipal agency, as that term is defined by paragraph (ii) of subdivision (s) of this section, and ending with the final contract award and approval by the state agency, either house of the state legislature, the unified court system, or a municipal agency, as that term is defined by paragraph (ii) of subdivision (s) of this section, and, where applicable, the state comptroller. See N.Y. Legislative Law 1-C
• revenue contract: shall mean any written agreement between a state or municipal agency or a local legislative body and an offerer whereby the state or municipal agency or local legislative body gives or grants a concession or a franchise. See N.Y. Legislative Law 1-C
• Secondary party: means a drawer or endorser. See N.Y. Uniform Commercial Code 3-102
• 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.
• state agency: shall mean any department, board, bureau, commission, division, office, council, committee or officer of the state, whether permanent or temporary, or a public benefit corporation or public authority at least one of whose members is appointed by the governor, authorized by law to make rules or to make final decisions in adjudicatory proceedings but shall not include the judicial branch or agencies created by interstate compact or international agreement. See N.Y. Legislative Law 1-C
• 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.
• Sublease: means a lease of goods the right to possession and
  
  use of which was acquired by the lessor as a lessee under an
  
  existing lease. See N.Y. Uniform Commercial Code 2-A-103
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: means an entity that is controlled directly, or indirectly through one or more intermediaries, by an asbestos contractor or by the asbestos contractor's parent company. See N.Y. Labor Law 901
• Substantially owned-affiliated entity: means , in relation to any asbestos contractor, any (a) parent company of the asbestos contractor, (b) subsidiary of the asbestos contractor, (c) successor of the asbestos contractor, (d) entity in which the parent company of the asbestos contractor owns more than fifty percent of the voting stock, (e) entity in which one or more of the top five shareholders of the asbestos contractor individually or collectively also owns a controlling share of the voting stock, or (f) entity which exhibits any other indicia of control over the asbestos contractor or over which the asbestos contractor exhibits control, regardless of whether the controlling party or parties have any identifiable or documented ownership interest. See N.Y. Labor Law 901
• Successor: means an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Labor Law 901
• Successor: means an entity engaged in work substantially similar to that of the predecessor, where there is substantial continuity of operation with that of the predecessor. See N.Y. Labor Law 951
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a person from whom a lessor buys or leases
  
  goods to be leased under a finance lease. See N.Y. Uniform Commercial Code 2-A-103
• Supply contract: means a contract under which a lessor buys
  
  or leases goods to be leased. See N.Y. Uniform Commercial Code 2-A-103
• Temporary help firm: means a business which recruits and hires its own employees, and assigns those employees to perform work at or services for other organizations, to support or supplement the other organization's workforce, or to provide assistance in special work situations such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects. See N.Y. Labor Law 916
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Testing: means a process or trial of operation of any conveyance. See N.Y. Labor Law 951
• 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.
• Toxic substance: means any substance which is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances or has yielded positive evidence of acute or chronic health hazards in human, animal or other biological testing. See N.Y. Labor Law 875
• 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.
• Trustee: A person or institution holding and administering property in trust.
• 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}
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• 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.
• widely attended event: shall mean an event: (A) which at least twenty-five individuals other than members, officers, or employees from the governmental entity in which the public official serves attend or were, in good faith, invited to attend, and (B) which is related to the attendee's duties or responsibilities or which allows the public official to perform a ceremonial function appropriate to his or her position. See N.Y. Legislative Law 1-C
• Workplace: means any location away from the home, permanent or temporary, where any employee performs any work-related duty in the course of his employment. See N.Y. Labor Law 875
• Worksite employee: means a person having an employment relationship with both the professional employer organization and the client. See N.Y. Labor Law 916