Terms Used In New York Laws > Public Authorities > Article 2 - Park, Parkway and Highway Authorities

• Abandonment: means the intentional relinquishment or forsaking of all possession or control of any substance. See N.Y. Environmental Conservation Law 71-4401
• Act: shall mean the Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 72-0301
• Actual emissions: means the emissions which were emitted to the ambient air, and shall include fugitive emissions if such emissions are considered in determining whether a source is a major air contamination source. See N.Y. Environmental Conservation Law 72-0301
• Adaptive measures: means any adjustment, whether passive, reactive or anticipatory, that may be taken to ameliorate the anticipated adverse consequences associated with flood events. See N.Y. Environmental Conservation Law 73-0103
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• 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.
• Affected local government: shall mean every municipality in which land subject to an environmental easement is located. See N.Y. Environmental Conservation Law 71-3603
• 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.
• Air contamination source: means all sources required to obtain a permit, certificate or approval pursuant to article nineteen of this chapter. See N.Y. Environmental Conservation Law 72-0301
• Allegation: something that someone says happened.
• Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Authorized internet entity: means any business, organization or other entity providing or offering a service over the internet which permits persons under eighteen years of age to access, meet, congregate or communicate with other users for the purpose of social networking. See N.Y. Correction Law 168-A
• 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.
• 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}
• Bequest: Property gifted by will.
• Board: means the correction medical review board. See N.Y. Correction Law 40
• Board: means the "board of examiners of sex offenders" established pursuant to section one hundred sixty-eight-l of this article. See N.Y. Correction Law 168-A
• Bonds: shall mean general obligation bonds issued pursuant to the "clean water, clean air, and green jobs environmental bond act of 2022 " in accordance with Article of the New York state constitution and article five of the state finance law. See N.Y. Environmental Conservation Law 58-0101
• Canal system: shall mean the canal waterways, lands and infrastructure as set out in § 2 of the canal law. See N.Y. Environmental Conservation Law 73-0103
• Child: shall mean a child conceived through assisted reproduction. See N.Y. Estates, Powers and Trusts Law 4-1.3
• City: means the City of New York. See N.Y. Correction Law 150
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Combustion installation: means one or more furnace, device, engine or turbine in which fossil fuel or wood is burned with air or oxygen and the air contaminant emissions include only those products resulting from:
  
  a. See N.Y. Environmental Conservation Law 72-0301
• Commission: means the state commission of correction. See N.Y. Correction Law 40
• Commission: means the local conditional release commission. See N.Y. Correction Law 270
• Commissioner: means the commissioner of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "commissioner" shall mean the correctional administrator of the City. See N.Y. Correction Law 150
• Commissioner: means the commissioner of correction in a city having a population of one million or more or that official having similar duties in any county which elects to have this article apply thereto, by whatever title he may be known. See N.Y. Correction Law 631
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complete application: shall mean an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review as to matters contained in the application in order to enable the department to make the findings and determinations required by law. See N.Y. Environmental Conservation Law 70-0105
• Construction agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
• Contemplation of death: The expectation of death that provides the primary motive to make a gift.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Correctional facility: means any institution operated by the state department of corrections and community supervision, any local correctional facility, or any place used, pursuant to a contract with the state or a municipality, for the detention of persons charged with or convicted of a crime, or, for the purpose of this article only, a secure facility operated by the office of children and family services. See N.Y. Correction Law 40
• Cost: means the expense of an approved project, which shall include but not be limited to appraisal, surveying, planning, engineering and architectural services, plans and specifications, consultant and legal services, site preparation, demolition, construction and other direct expenses incident to such project. See N.Y. Environmental Conservation Law 58-0101
• Council: means the citizen's policy and complaint review council. See N.Y. Correction Law 40
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: means each county in the state, except a county within the city of New York. See N.Y. Correction Law 270
• County executive: means the county commissioner, county manager, county director or county president. See N.Y. Correction Law 270
• Cross examine: Questioning of a witness by the attorney for the other side.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the department of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "department" shall mean such administration. See N.Y. Correction Law 150
• Department: means the applicable department of correction or, where no such department exists, the office of the commissioner. See N.Y. Correction Law 631
• Department: shall mean the department of environmental conservation. See N.Y. Environmental Conservation Law 58-0101
• 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.
• Devise: To gift property by will.
• Disadvantaged communities: shall mean a community that is identified pursuant to section 75-0111 of this chapter. See N.Y. Environmental Conservation Law 58-0101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment, or the abandonment of any substance. See N.Y. Environmental Conservation Law 71-4401
• Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. See N.Y. Environmental Conservation Law 72-0401
• Division: means the division of criminal justice services as defined by § 837 of the executive law. See N.Y. Correction Law 168-A
• Division: means the division of criminal justice services. See N.Y. Correction Law 270
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Dower: A widow
• Eligible incarcerated individual: means a person confined in a city prison or reformatory in a city having a population of one million or more or in a county jail and penitentiaries of a county which elects to have this article apply thereto where a furlough program has been established who is sentenced to a definite period of six months or more or to a reformatory sentence of imprisonment and has served a minimum of six months of any such sentence. See N.Y. Correction Law 631
• Eligible incarcerated individuals: shall mean incarcerated individuals of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. See N.Y. Correction Law 87
• Emergency: shall mean a natural or an accidental human-made event which presents an immediate threat to life, health, property, or natural resources. See N.Y. Environmental Conservation Law 70-0105
• Emission point: means any conduit, chimney, duct, vent, flue, stack or other functionally equivalent opening through which regulated air contaminants are emitted to the ambient air. See N.Y. Environmental Conservation Law 72-0301
• 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.
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota, and all other natural resources. See N.Y. Environmental Conservation Law 71-4401
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. Environmental Conservation Law 72-0401
• Environmental easement: shall mean an interest in real property, created under and subject to the provisions of this title which contains a use restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls; provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution. See N.Y. Environmental Conservation Law 71-3603
• Environmental notice bulletin: shall mean the publication of the department published pursuant to section 3-0306 of this chapter. See N.Y. Environmental Conservation Law 70-0105
• 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.
• 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.
• Examining physician: means a physician licensed to practice medicine in the state of New York, but who is not on the staff of the facility where the incarcerated individual is confined. See N.Y. Correction Law 400
• Executor: A male person named in a will to carry out the decedent
• Extended bounds of confinement: means the area in which an incarcerated individual participating in a furlough program may travel, the routes he or she is permitted to use, the places he or she is authorized to visit, and the hours, days, or specially defined period during which he or she is permitted to be absent from the premises of the institution. See N.Y. Correction Law 631
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• facility: means all contiguous land and structures, other appurtenances and improvements on the land, used for treating, storage or disposing of hazardous waste. See N.Y. Environmental Conservation Law 72-0401
• Facility: means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment, or any vessel for which a permit is required under titles seven and eight of article seventeen of this chapter. See N.Y. Environmental Conservation Law 72-0601
• Facility: means any stationary or movable intake mechanism for the withdrawal of fresh water. See N.Y. Environmental Conservation Law 72-0701
• Facility operator: means the person who is responsible for the operation of a treatment, storage or disposal facility as defined in subdivision sixteen of this section. See N.Y. Environmental Conservation Law 72-0401
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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.
• Fugitive emissions: means those emissions of a regulated air contaminant that could not reasonably pass through an emission point. See N.Y. Environmental Conservation Law 72-0301
• Furlough committee: means the body of persons which may include members of the public, appointed pursuant to regulations promulgated by the commissioner for the purposes of formulating, modifying and revoking furlough programs at an institution. See N.Y. Correction Law 631
• Furlough program: means a program under which eligible incarcerated individuals may be granted the privilege of leaving the premises of a prison for a period not exceeding seventy-two hours for the purpose of seeking employment, maintaining family ties, solving family problems, to undergo surgery or to receive medical treatment or dental treatment not available in the correctional institution, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 631
• 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
• Generator: means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. See N.Y. Environmental Conservation Law 72-0401
• Genetic material: shall mean sperm or ova provided by a genetic parent. See N.Y. Estates, Powers and Trusts Law 4-1.3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hazardous waste: means a waste identified or listed as hazardous pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
• 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.
• Hospital: means : (a) a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter; or (b) a secure treatment facility as defined in § 10. See N.Y. Correction Law 168-A
• Hospital: means a hospital in the department of mental hygiene which is designated as such by the commissioner of mental hygiene for the care and treatment of mentally ill incarcerated individuals. See N.Y. Correction Law 400
• impoundment: means a facility or part of a facility which is a natural topographical depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of solid waste in semi-solid or liquid form, and which is not an injection well. See N.Y. Environmental Conservation Law 72-0401
• In immediate need of care and treatment: means that the incarcerated individual is apparently mentally ill and is not able to be properly cared for at the place where he or she is confined and is in need of immediate care and treatment in a hospital. See N.Y. Correction Law 400
• In need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is necessary. See N.Y. Correction Law 400
• Incarcerated individual: means a person committed to the custody of the department of corrections and community supervision, or a person convicted of a crime and committed to the custody of the sheriff, the county jail, or a local department of correction. See N.Y. Correction Law 400
• Incinerator: means any structure or furnace in which combustion takes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with fossil fuel. See N.Y. Environmental Conservation Law 72-0301
• Incinerator: means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down solid, liquid, or gaseous combustible hazardous wastes, producing residue that contains little or no combustible materials. See N.Y. Environmental Conservation Law 72-0401
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any institution under the jurisdiction of the commissioner of correction in any city having a population of one million or more or of a county which elects to have this article apply thereto. See N.Y. Correction Law 631
• Institution of higher education: means an institution in the state providing higher education as such term is defined in subdivision eight of § 2 of the education law. See N.Y. Correction Law 168-A
• 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}
• Internet identifiers: means electronic mail addresses and designations used for the purposes of chat, instant messaging, social networking or other similar internet communication. See N.Y. Correction Law 168-A
• Intestate: Dying without leaving a will.
• 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.
• Law enforcement agency having jurisdiction: means : (a) (i) the chief law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state or local conditional release; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or (iii) if there be no chief enforcement officer in such village, town, city or county, the division of state police and (b) in the case of a sex offender who is or expects to be employed by, enrolled in, attending or employed, whether for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town or city in which such institution is located; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in such village, town, city or county, the division of state police; and (iv) if such institution operates or employs a campus law enforcement or security agency, the chief of such agency and (c) in the case of a sex offender who expects to reside within a state park or on other land under the jurisdiction of the office of parks, recreation and historic preservation, the state regional park police. See N.Y. Correction Law 168-A
• Law of descent: The State statutes that specify how a deceased person
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Listed hazardous waste: means a waste which appears on the list promulgated by the commissioner pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local correctional facility: means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth. See N.Y. Correction Law 40
• Local correctional facility: means a local correctional facility as that term is defined in subdivision sixteen of section two of this chapter. See N.Y. Correction Law 168-A
• Majority leader: see Floor Leaders
• 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.
• Mental abnormality: means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See N.Y. Correction Law 168-A
• Mental illness: means an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care and treatment. See N.Y. Correction Law 400
• Minor project: shall mean a proposed project which by its nature and with respect to its location will not have a significant impact on the environment and will not exceed criteria established in rules and regulations adopted by the department pursuant to subdivision one of section 70-0107 of this article. See N.Y. Environmental Conservation Law 70-0105
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 58-0101
• 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}
• Nonresident student: means a person required to register as a sex offender in another jurisdiction who is enrolled on a full-time or part-time basis in any public or private educational institution in this state including any secondary school, trade or professional institution or institution of higher education. See N.Y. Correction Law 168-A
• Nonresident worker: means any person required to register as a sex offender in another jurisdiction who is employed or carries on a vocation in this state, on either a full-time or a part-time basis, with or without compensation, for more than fourteen consecutive days, or for an aggregate period exceeding thirty days in a calendar year. See N.Y. Correction Law 168-A
• 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.
• Open space land conservation project: means purchase of fee title or conservation easements for the purpose of protecting lands or waters and/or providing recreational opportunities for the public that (i) possess ecological, habitat, recreational or scenic values; (ii) protect the quality of a drinking water supply; (iii) provide flood control or flood mitigation values; (iv) constitute a floodplain; (v) provide or have the potential to provide important habitat connectivity; (vi) provide open space for the use and enjoyment of the public; or (vii) provide community gardens in urban areas. See N.Y. Environmental Conservation Law 58-0101
• Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible incarcerated individuals; availability and frequency of transportation of incarcerated individuals and visitors of incarcerated individuals to such facility; availability, content and frequency of programming for incarcerated individuals; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both incarcerated individuals and employees of such facilities. See N.Y. Correction Law 87
• Oversight: Committee review of the activities of a Federal agency or program.
• Panel: shall mean the alternate correctional facility review panel established pursuant to section eighty-nine-e of this article. See N.Y. Correction Law 87
• 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.
• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Permit: shall mean any permit, certificate, license or other form of department approval, modification, suspension, revocation, renewal, reissuance or recertification issued in connection with any regulatory program referred to in subdivision three of section 70-0107 of this article as further specified by rule and regulation. See N.Y. Environmental Conservation Law 70-0105
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state or any interstate body. See N.Y. Environmental Conservation Law 72-0301
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. See N.Y. Environmental Conservation Law 72-0401
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. Environmental Conservation Law 72-0301
• Pound: means an avoirdupois pound. See N.Y. Environmental Conservation Law 71-4401
• 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}
• Power plant: means any facility which generates electricity using a steam turbine and generator, which may be fired by coal, oil, natural gas, nuclear energy, or other fuel source. See N.Y. Environmental Conservation Law 72-0601
• 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.
• Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See N.Y. Correction Law 168-A
• Predicate sex offender: means a sex offender who has been convicted of an offense set forth in subdivision two or three of this section when the offender has been previously convicted of an offense set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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.
• Process air contamination source: means :
  
  a. See N.Y. Environmental Conservation Law 72-0301
• Project: shall mean any activity that requires one or more department permits. See N.Y. Environmental Conservation Law 70-0105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulated medical waste: means regulated medical waste as defined in title 15 of article 27 of this chapter. See N.Y. Environmental Conservation Law 71-4401
• Release: means any pumping, pouring, emitting, emptying, or leaching, directly or indirectly, of a substance so that the substance or any related constituent thereof, or any degradation product of such a substance or of a related constituent thereof, may enter the environment, or the disposal of any substance. See N.Y. Environmental Conservation Law 71-4401
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• 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.
• Severe ozone nonattainment area: means that part of the state designated pursuant to section 7407 of the Act as not meeting the national ambient air quality standard for ozone, as classified under section 7511 of the Act. See N.Y. Environmental Conservation Law 72-0301
• Sex offender: includes any person who is convicted of any of the offenses set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
• Sex offense: means : * (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120. See N.Y. Correction Law 168-A
• Sexual predator: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses. See N.Y. Correction Law 168-A
• Sexually violent offender: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section. See N.Y. Correction Law 168-A
• Sexually violent offense: means : * (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 130. See N.Y. Correction Law 168-A
• State air quality control program: means those activities of the department as specified in titles three and five of article nineteen of this chapter relating to air pollution and air contamination and any related enforcement activities. See N.Y. Environmental Conservation Law 72-0301
• State entity: means any state department, division, agency, office, public authority, or public benefit corporation. See N.Y. Environmental Conservation Law 58-0101
• State environmental regulatory program: means any of the regulatory or permit programs for which fees are assessed under this article. See N.Y. Environmental Conservation Law 72-0103
• Statute: A law passed by a legislature.
• Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. Environmental Conservation Law 72-0401
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means a superintendent of a state correctional facility or the person in charge of a local correctional facility by whatever title he may be known. See N.Y. Correction Law 400
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• 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.
• 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.
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. Environmental Conservation Law 72-0401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• 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}
• 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.
• 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.
• Warden: means the person in charge of an institution by whatever title he may be known. See N.Y. Correction Law 631
• Wastewater: means liquid waste that contains:
  
  a. See N.Y. Environmental Conservation Law 72-0401
• Water transport permit: means a permit required by section 15-1506 of this chapter. See N.Y. Environmental Conservation Law 72-0701
• Work release program: means a program in which the limits of place of confinement are extended for the purpose of seeking or engaging in employment or self-employment, attending an educational institution, participating in a training program, or obtaining medical treatment not otherwise available, caring for the prisoner's household and family or for some other compelling reason consistent with the public interest. See N.Y. Correction Law 150
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.