Terms Used In New York Laws > Banking > Article 10 - Savings and Loan Associations

• Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a contributor, and credited to his individual account in the annuity savings fund together with regular interest thereon. See N.Y. Education Law 501
• ACO: means an organization of clinically integrated health care providers certified by the commissioner under this article. See N.Y. Public Health Law 2999-O
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. Public Health Law 2961
• Adult: means any person who is eighteen years of age or older, or is the parent of a child, or has married. See N.Y. Public Health Law 2980
• Adult: means any person who is eighteen years of age or older or has married. See N.Y. Public Health Law 2994-A
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See N.Y. Public Health Law 1399-OO
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• After-care: shall mean any assistance provided by a caregiver to a patient under this article after the patient's discharge from a hospital that is related to the patient's condition at the time of discharge. See N.Y. Public Health Law 2994-II
• agent: means an adult to whom authority to make health care decisions is delegated under a health care proxy. See N.Y. Public Health Law 2980
• AIDS: means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service. See N.Y. Public Health Law 2780
• Allegation: something that someone says happened.
• Allocable share: means allocable share as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: shall mean the annual payments for life derived from contributions made by contributor as provided in this article. See N.Y. Education Law 501
• Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the retirement board with regular interest. See N.Y. Education Law 501
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Attending nurse practitioner: means a nurse practitioner, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2994-A
• Attending practitioner: means the physician, nurse practitioner, or physician assistant, licensed or certified pursuant to title eight of the education law, selected by or assigned to a patient in a hospital who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2961
• Attending practitioner: means the physician, physician assistant, or nurse practitioner, licensed or certified pursuant to title eight of the education law, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2980
• Attending practitioner: means a physician, nurse practitioner or physician assistant, selected by or assigned to a patient pursuant to hospital policy, who has primary responsibility for the treatment and care of the patient. See N.Y. Public Health Law 2994-A
• 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 agency: means any agency defined by § 371 of the social services law and, for the purposes of this article, shall include such corporations incorporated or organized under the laws of the state as may be specifically authorized by their certificates of incorporation to receive children for the purposes of adoption or foster care. See N.Y. Public Health Law 2780
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by this article. See N.Y. Education Law 501
• Bequest: Property gifted by will.
• Bidis: means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendra leaf (diospyros exculpra), or any other product offered to consumers as "beedies" or "bidis". See N.Y. Public Health Law 1399-AA
• Byproduct: shall mean any element or compound in the finished vapor product, or in the vapor produced during consumption of a vapor product, which: (a) was created or formed during the manufacturing process as an intentional or unintentional consequence of such manufacturing process at any point in such product's supply chain, or at any point in the supply chain of any raw material or ingredient used to manufacture such product; or (b) is created or formed as an intentional or unintentional consequence of the use of an e-cigarette or consumption of a vapor product. See N.Y. Public Health Law 1700
• Capacity: means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. See N.Y. Public Health Law 2961
• Capacity to consent: means an individual's ability, determined without regard to the individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment, or procedure, or of a proposed disclosure of confidential HIV related information, as the case may be, and to make an informed decision concerning the service, treatment, procedure or disclosure. See N.Y. Public Health Law 2780
• Capacity to make health care decisions: means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision. See N.Y. Public Health Law 2980
• Cardiopulmonary resuscitation: means measures to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. Public Health Law 2961
• Cardiopulmonary resuscitation: means measures, as specified in regulations promulgated by the commissioner, to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. See N.Y. Public Health Law 2994-A
• Caregiver: shall mean any individual duly identified as a caregiver by a patient under this article who provides after-care assistance to a patient living in his or her residence. See N.Y. Public Health Law 2994-II
• Caretaker: means a person appointed pursuant to the provisions of section twenty-eight hundred six-b of this article, to act as a fiduciary responsible to the court which appoints him for the conserving and preserving of the rights and property of the operator of a residential health care facility, while also preserving and providing for the rights of the patients in such facility to care appropriate to their needs in a clean and wholesome environment in accordance with applicable federal and state laws and regulations. See N.Y. Public Health Law 2801
• certificate: means a certificate of authority issued by the commissioner under this article. See N.Y. Public Health Law 2999-O
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Child: means any protected individual actually or apparently under eighteen years of age. See N.Y. Public Health Law 2780
• Child care institution: shall mean any facility serving thirteen or more children licensed by the department of social services pursuant to title one of Article 7 of the social services law operated by an authorized agency, or a residential treatment facility for children and youth, whether or not such residential treatment facility is operated by an authorized agency, except that Blythedale Children's Hospital shall be a child care institution. See N.Y. Education Law 4001
• cigarette: includes "roll-your-own" (i. See N.Y. Public Health Law 1399-OO
• Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or relative of the patient (other than a spouse, adult child, parent, brother or sister) who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs and who presents a signed statement to that effect to the attending practitioner. See N.Y. Public Health Law 2961
• Close friend: means any person, eighteen years of age or older, who is a close friend of the patient, or a relative of the patient (other than a spouse, adult child, parent, brother or sister), who has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious or moral beliefs, and who presents a signed statement to that effect to the attending practitioner. See N.Y. Public Health Law 2994-A
• CMS: means the federal centers for Medicare and Medicaid services. See N.Y. Public Health Law 2999-O
• CMS regulations: means applicable federal laws and CMS regulations and policies. See N.Y. Public Health Law 2999-O
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 258-BB
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concussion: means a mild traumatic injury to the brain that is characterized by immediate and transient alteration of mental status and level of consciousness, resulting from mechanical force or trauma. See N.Y. Public Health Law 2741
• Confidential HIV related information: means any information, in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV related information, concerning whether an individual has been the subject of an HIV related test, or has HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts. See N.Y. Public Health Law 2780
• Construction: means the erection, building, or substantial acquisition, alteration, reconstruction, improvement, extension or modification of a hospital, including its equipment; the inspection and supervision thereof; and the studies, surveys, designs, plans, working drawings, specifications, procedures and other actions necessary thereto. See N.Y. Public Health Law 2801
• Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See N.Y. Agriculture and Markets Law 253
• Contact: means an identified spouse or sex partner of the protected individual, a person identified as having shared hypodermic needles or syringes with the protected individual or a person who the protected individual may have exposed to HIV under circumstances that present a risk of transmission of HIV, as determined by the commissioner. See N.Y. Public Health Law 2780
• Contaminant: shall mean any element or compound made present in a vapor product as an unintentional consequence of manufacturing. See N.Y. Public Health Law 1700
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contributor: shall mean any member of the retirement system who has an account in the annuity savings fund as provided by this article. See N.Y. Education Law 501
• 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.
• Council: means the New York state council on graduate medical education. See N.Y. Public Health Law 901
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: shall mean the county executive, or if there is none, the chairman of the county legislative body of the county which is responsible for a child in a child care institution or a private school, except within the city of New York, in which case county shall mean the mayor of said city. See N.Y. Education Law 4001
• Criminal history information: shall mean a record of pending criminal charges, criminal convictions which have not been vacated or reversed, information from the federal bureau of investigation as a result of a national criminal history record check, and certificates filed pursuant to subdivision two of § 705 of the correction law and which the division of criminal justice services is required to maintain pursuant to subdivision six of § 837 of the executive law. See N.Y. Public Health Law 2899
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decision-making capacity: means the ability to understand and appreciate the nature and consequences of proposed health care, including the benefits and risks of and alternatives to proposed health care, and to reach an informed decision. See N.Y. Public Health Law 2994-A
• Decisions regarding hospice care: means the decision to enroll or disenroll in hospice, and consent to the hospice plan of care and modifications to that plan. See N.Y. Public Health Law 2994-A
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Determination: shall mean the decision made by the department after reviewing criminal history information to approve or disapprove a prospective employee's eligibility for employment by a provider. See N.Y. Public Health Law 2899
• Developmental disability: means a developmental disability as defined in subdivision twenty-two of § 1. See N.Y. Public Health Law 2961
• Developmental disability: means a developmental disability as defined in subdivision twenty-two of § 1. See N.Y. Public Health Law 2994-A
• Devise: To gift property by will.
• Director: means the director of the division of milk control. See N.Y. Agriculture and Markets Law 253
• Discharge: shall mean a patient's exit or release from a hospital to the patient's residence following an inpatient admission. See N.Y. Public Health Law 2994-II
• Disclosure statement: means a written statement submitted initially and/or amended annually containing such information as the commissioner by regulation may require on forms to be prescribed by the commissioner. See N.Y. Public Health Law 1400
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the division of milk control created by this article. See N.Y. Agriculture and Markets Law 253
• Docket: A log containing brief entries of court proceedings.
• Domestic partner: means a person who, with respect to another person:
  
  (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or
  
  (b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or
  
  (c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons. See N.Y. Public Health Law 2961
• Domestic partner: means a person who, with respect to another person:
  
  (a) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or of any state, local or foreign jurisdiction, or registered as the domestic partner of the other person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or
  
  (b) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or
  
  (c) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under paragraph (a) or (b) of this subdivision; or the length of the personal relationship of the persons. See N.Y. Public Health Law 2994-A
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Emancipated minor patient: means a minor patient who is the parent of a child, or who is sixteen years of age or older and living independently from his or her parents or guardian. See N.Y. Public Health Law 2994-A
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: shall mean any person to be employed or used by a provider, including those persons employed by a temporary employment agency, to provide direct care or supervision to patients or residents. See N.Y. Public Health Law 2899
• employee: means a person employed by the state university, the board of higher education of the city of New York, or a community college established and operated under article one hundred twenty-six of this chapter. See N.Y. Education Law 398
• Employer: shall mean the state of New York, the city, the village, school district board or trustee, or other agency of and within the state by which a teacher is paid. See N.Y. Education Law 501
• Enforcement officer: means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a population of more than one million it shall also mean an officer or employee or any agency of such city that is authorized to enforce any local law of such city related to the regulation of the sale of tobacco products to minors. See N.Y. Public Health Law 1399-AA
• 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.
• Entry: shall mean a patient's admission into a hospital for the purposes of receiving inpatient care. See N.Y. Public Health Law 2994-II
• 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.
• Ethics review committee: means the interdisciplinary committee established in accordance with the requirements of section twenty-nine hundred ninety-four-m of this article. See N.Y. Public Health Law 2994-A
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• facility: shall mean any governmental or private agency, department, institution, clinic, laboratory, hospital, nursing care facility, health maintenance organization, association or other similar entity that provides medical care. See N.Y. Public Health Law 2000
• Facility fee: means any fee charged or billed by a hospital or by a health care professional authorized under title eight of the education law that is: (a) intended to compensate the hospital or health care professional for the operational expenses regardless of the modality through which the health care services are provided; and (b) separate and distinct from a professional fee. See N.Y. Public Health Law 2801
• 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.
• Farm and food product: means any agricultural, horticultural, forest, or other product of the soil or water that has been grown, harvested, or produced wholly within the state of New York. See N.Y. Agriculture and Markets Law 282
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Final average salary: shall mean the average annual compensation earnable as a teacher during the five years of service immediately preceding his date of retirement, or it shall mean the average annual compensation earnable as a teacher during any five consecutive years of state service, said five years to be selected by the applicant prior to date of retirement. See N.Y. Education Law 501
• First-instance processing: shall mean the washing, grading and packaging of farm and food products in connection with a farmers' market. See N.Y. Agriculture and Markets Law 260
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Food service establishment: means any area, including outdoor seating areas, in which the business is the sale of food for on-premises consumption. See N.Y. Public Health Law 1399-AA
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• 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.
• General hospital: means a hospital engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. See N.Y. Public Health Law 2801
• General hospital: means a general hospital as defined in subdivision ten of section twenty-eight hundred one of this chapter excluding a ward, wing, unit or other part of a general hospital operated for the purpose of providing services for persons with mental illness pursuant to an operating certificate issued by the commissioner of mental health. See N.Y. Public Health Law 2994-A
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government agency: means a department, board, bureau, division, office, agency, public benefit or other corporation, or any other unit, however described, of the state or a political subdivision thereof. See N.Y. Public Health Law 2801
• 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.
• guardian: means a health care guardian or a legal guardian of the person of a minor. See N.Y. Public Health Law 2994-A
• Gutka: means a product containing lime paste, spices, areca and tobacco. See N.Y. Public Health Law 1399-AA
• Health care: means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. Public Health Law 2980
• Health care: means any treatment, service, or procedure to diagnose or treat an individual's physical or mental condition. See N.Y. Public Health Law 2994-A
• Health care agent: means a health care agent of the patient designated pursuant to article twenty-nine-C of this chapter. See N.Y. Public Health Law 2961
• Health care agent: means a health care agent designated by an adult pursuant to article twenty-nine-C of this chapter. See N.Y. Public Health Law 2994-A
• Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. Public Health Law 2980
• Health care decision: means any decision to consent or refuse to consent to health care. See N.Y. Public Health Law 2994-A
• Health care guardian: means an individual appointed by a court, pursuant to subdivision four of section twenty-nine hundred ninety-four-r of this article, as the guardian of a minor patient solely for the purpose of deciding about life-sustaining treatment pursuant to this article. See N.Y. Public Health Law 2994-A
• Health care provider: means any physician, nurse, provider of services for the mentally disabled as defined in Article one of the mental hygiene law, or other person involved in providing medical, nursing, counseling, or other health care or mental health service, including those associated with, or under contract to, a health maintenance organization or medical services plan. See N.Y. Public Health Law 2780
• Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. Public Health Law 2980
• Health care provider: means an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice. See N.Y. Public Health Law 2994-A
• Health care provider: includes but is not limited to an entity licensed or certified under article twenty-eight or thirty-six of this chapter; an entity licensed or certified under article sixteen, thirty-one or thirty-two of the mental hygiene law; or a health care practitioner licensed or certified under title eight of the education law or a lawful combination of such health care practitioners; and may also include, to the extent provided by regulation of the commissioner, other entities that provide technical assistance, information systems and services, care coordination and other services to health care providers and patients participating in an ACO. See N.Y. Public Health Law 2999-O
• Health care proxy: means a document delegating the authority to make health care decisions, executed in accordance with the requirements of this article. See N.Y. Public Health Law 2980
• Health facility: means a hospital as defined in section two thousand eight hundred one of this chapter, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability as defined in Article one of the mental hygiene law. See N.Y. Public Health Law 2780
• Health or social service: means any public or private care, treatment, clinical laboratory test, counseling or educational service for adults or children, and acute, chronic, custodial, residential, outpatient, home or other health care provided pursuant to this chapter or the social services law; public assistance or care as defined in Article 1 of the social services law; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services provided pursuant to the social services law; services for the mentally disabled as defined in Article one of the mental hygiene law; probation services, provided pursuant to articles twelve and twelve-A of the executive law; parole services, provided pursuant to Article 8 of the correction law; corrections and community supervision, provided pursuant to the correction law; detention and rehabilitative services provided pursuant to Article 19-G of the executive law; and the activities of the health care worker HIV/HBV advisory panel pursuant to article twenty-seven-DD of this chapter. See N.Y. Public Health Law 2780
• Health system: means a group of one or more hospitals and providers affiliated through ownership, governance, membership or other means. See N.Y. Public Health Law 2801
• Health-related service: means service in a facility or facilities which provide or offer lodging, board and physical care including, but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service. See N.Y. Public Health Law 2801
• Herbal cigarette: means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filler. See N.Y. Public Health Law 1399-AA
• HIV infection: means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS. See N.Y. Public Health Law 2780
• HIV related illness: means any illness that may result from or may be associated with HIV infection. See N.Y. Public Health Law 2780
• Hospice: means a hospice as defined in article forty of this chapter, without regard to where the hospice care is provided. See N.Y. Public Health Law 2994-A
• Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
• hospital: shall include public health centers, diagnostic or treatment centers, rehabilitation facilities, nursing homes and chronic disease hospitals as defined in section six hundred thirty-one (i) of the federal public health service act, as amended, tuberculosis, mental, chronic disease, and other types of hospitals, including laboratories, out-patient departments, nurses' homes and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. See N.Y. Public Health Law 2906
• Hospital: means a hospital as defined in subdivision ten of § 1. See N.Y. Public Health Law 2961
• Hospital: means a general hospital as defined in subdivision ten of section two thousand eight hundred one of this chapter and a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter, and a mental hygiene facility as defined in subdivision ten of this section and a hospice as defined in subdivision one of section four thousand two of this chapter. See N.Y. Public Health Law 2980
• Hospital: means a general hospital, a residential health care facility, or hospice. See N.Y. Public Health Law 2994-A
• Hospital: shall mean any "general hospital" as defined in section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 2994-II
• Hospital service: means the preadmission, out-patient, in-patient and post discharge care provided in or by a hospital, and such other items or services as are necessary for such care, which are provided by or under the supervision of a physician for the purpose of prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, including, but not limited to, nursing service, home-care nursing and other paramedical service, ambulance service, service provided by an intern or resident in training, laboratory service, medical social service, drugs, biologicals, supplies, appliances, equipment, bed and board. See N.Y. Public Health Law 2801
• Hospitalization: means the period during which a person is a patient in, or a resident of, a hospital. See N.Y. Public Health Law 2961
• Ingredient: shall mean all of the following:
  
  (a) any intentional additive present in any quantity in a vapor product;
  
  (b) a byproduct or contaminant, present in a vapor product in any quantity equal to or greater than one-half of one percent of the content of such product by weight, or other amount determined by the commissioner;
  
  (c) a byproduct present in a vapor product in any quantity less than one-half of one percent of the content of such product by weight, provided such element or compound has been published as a chemical of concern on one or more lists identified by the commissioner; and
  
  (d) a contaminant present in a vapor product in a quantity determined by the commissioner and less than one-half of one percent of the content of such product by weight, provided such element or compound has been published as a chemical of concern on one or more lists identified by the commissioner. See N.Y. Public Health Law 1700
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance institution: means any corporation, association, partnership, reciprocal exchange, interinsurer, fraternal benefits society, agent, broker or other entity including, but not limited to, any health maintenance organization, medical service plan, or hospital plan which: (a) is engaged in the business of insurance; (b) provides health services coverage plans; or (c) provides benefits under, administers, or provides services for, an employee welfare benefit plan as defined in 29 U. See N.Y. Public Health Law 2780
• Intentionally added ingredient: shall mean any element or compound that a manufacturer has intentionally added to a vapor product at any point in such product's supply chain, or at any point in the supply chain of any raw material or ingredient used to manufacture such product. See N.Y. Public Health Law 1700
• 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}
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a licensed milk dealer. See N.Y. Agriculture and Markets Law 253
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending practitioner to a reasonable degree of medical certainty. See N.Y. Public Health Law 2980
• Life-sustaining treatment: means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. See N.Y. Public Health Law 2994-A
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local district pension system: shall mean any teachers' retirement system or other arrangement for the payment of pensions or annuities to teachers exclusive of the retirement fund, created in any city or school district of this state prior to the first day of August, nineteen hundred twenty-one. See N.Y. Education Law 501
• locker plant: shall mean any building, or portion thereof, under such chemical refrigeration, in which individual compartments or lockers, each of not more than one hundred cubic feet capacity, are rented for the purpose of freezer storage of articles of food. See N.Y. Agriculture and Markets Law 230
• Maintenance: shall mean the amount charged for room and board, residential care and medical expenses, including those expenses reimbursable pursuant to title nineteen of the federal social security act, defined in accordance with the regulations of the commissioner of social services for a child care institution pursuant to § 398-a of the social services law. See N.Y. Education Law 4001
• Majority leader: see Floor Leaders
• Manufacturer: shall mean any person, firm, association, partnership, limited liability company, or corporation which produces, prepares, formulates, or compounds a vapor product or e-cigarette, or whose brand name is affixed to such product. See N.Y. Public Health Law 1700
• Master settlement agreement: means the settlement agreement (and related documents) entered into on November twenty-third, nineteen hundred ninety-eight by the state and leading United States tobacco product manufacturers. See N.Y. Public Health Law 1399-OO
• Medically futile: means that cardiopulmonary resuscitation will be unsuccessful in restoring cardiac and respiratory function or that the patient will experience repeated arrest in a short time period before death occurs. See N.Y. Public Health Law 2961
• Medicare-only ACO: means an ACO issued a certificate of authority under subdivision four of section twenty-nine hundred ninety-nine-p of this article. See N.Y. Public Health Law 2999-O
• Mental hygiene facility: means a residential facility, excluding family care homes, operated or licensed by the office of mental health or the office for people with developmental disabilities. See N.Y. Public Health Law 2980
• Mental hygiene facility: means a facility operated or licensed by the office of mental health or the office for people with developmental disabilities as defined in subdivision six of § 1. See N.Y. Public Health Law 2994-A
• Mental illness: means a mental illness as defined in subdivision twenty of § 1. See N.Y. Public Health Law 2961
• Mental illness: means a mental illness as defined in subdivision twenty of § 1. See N.Y. Public Health Law 2980
• Mental illness: means a mental illness as defined in subdivision twenty of § 1. See N.Y. Public Health Law 2994-A
• Midwifery birth center: means a hospital engaged principally in providing prenatal and obstetric care, where such services are provided principally by midwives. See N.Y. Public Health Law 2801
• Milk broker: means any person who buys and sells milk for licensees on a fee or commission basis or who arranges for or negotiates contracts to buy or sell milk among licensees. See N.Y. Agriculture and Markets Law 253
• Milk dealer: means any person who purchases, handles or sells milk, or bargains for the purchase or sale of milk, including brokers and agents. See N.Y. Agriculture and Markets Law 253
• Milk production area: as used in this article means those dairy farms maintained primarily as a source of fluid milk for a marketing area. See N.Y. Agriculture and Markets Law 258-L
• Minor: means any person who is not an adult. See N.Y. Public Health Law 2961
• Minor: means any person who is not an adult. See N.Y. Public Health Law 2994-A
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motel or hotel: shall mean establishments distinguished as hotels, motels, bungalow colonies, or any other establishment comparable or equivalent to any of those previously mentioned. See N.Y. Public Health Law 1399-J
• 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}
• Nicotine water: means bottled water that is laced with nicotine. See N.Y. Public Health Law 1399-AA
• Nurse practitioner: means a nurse practitioner certified pursuant to § 6910 of the education law who is practicing in accordance with subdivision three of § 6902 of the education law. See N.Y. Public Health Law 2961
• Nurse practitioner: means a nurse practitioner certified under § 6910 of the education law, practicing within his or her scope of practice. See N.Y. Public Health Law 2980
• Nurse practitioner: means a nurse practitioner certified pursuant to § 6910 of the education law who is practicing in accordance with subdivision three of § 6902 of the education law. See N.Y. Public Health Law 2994-A
• Nursing home: means a facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. See N.Y. Public Health Law 2801
• 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.
• Officer: shall mean the commissioner, the health commissioner of a city with a population of over fifty thousand, the health commissioner of a county or part-county health district, the state district health officer, in whose jurisdiction a children's overnight camp, summer day camp, or the primary inclement weather facility of the children's traveling summer day camp is located, or if there be no such facility then the state district health officer in whose jurisdiction the central office is located, any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter, the state district sanitary engineer or a grade one public health administrator qualified and appointed pursuant to part eleven of the sanitary code and serving as primary administrator of all health programs in a county or part-county health district. See N.Y. Public Health Law 1392
• Officer: shall mean the health commissioner of a city of fifty thousand population and over or of a county or part-county health district, or the state district health officer, in whose jurisdiction a hotel or motel is located or any county health director having all the powers and duties prescribed in section three hundred fifty-two of this chapter. See N.Y. Public Health Law 1399-J
• Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. Public Health Law 2961
• Order not to resuscitate: means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest. See N.Y. Public Health Law 2994-A
• Out-patient lodge: means a facility affiliated with an institution providing hospital service, which provides therein food and overnight lodging to the chronically ill undergoing out-patient treatment for cancer at such institution. See N.Y. Public Health Law 2801
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means the birth or adoptive parent, the guardian, or person otherwise authorized to make a contract of enrollment for a child. See N.Y. Public Health Law 1400
• Parent: means a parent who has custody of the minor. See N.Y. Public Health Law 2961
• participant: means a health care provider that is one of the health care providers that comprise the ACO. See N.Y. Public Health Law 2999-O
• 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.
• Patient: means a person admitted to a hospital. See N.Y. Public Health Law 2961
• Patient: means a person admitted to a hospital. See N.Y. Public Health Law 2994-A
• Patient: shall mean a patient eighteen years of age or older. See N.Y. Public Health Law 2994-II
• Pension: shall mean the annual payments for life derived from payments made by an employer as provided in this article. See N.Y. Education Law 501
• Permanent record: shall mean a permanent, written record of a determination and the criminal history information maintained by the department. See N.Y. Public Health Law 2899
• Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 253
• Person: means any person, firm, corporation, co-partnership, association, co-operative corporation or unincorporated co-operative association. See N.Y. Agriculture and Markets Law 258-BB
• Person: means a person, firm, company, corporation, partnership, sole proprietor, limited partnership or association. See N.Y. Public Health Law 1399-AA
• person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See N.Y. Public Health Law 1399-OO
• Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or state or local government agency. See N.Y. Public Health Law 2780
• Person connected with the case: means the patient, any person on the surrogate list, a parent or guardian of a minor patient, the hospital administrator, an attending physician, any other health or social services practitioner who is or has been directly involved in the patient's care, and any duly authorized state agency, including the facility director or regional director for a patient transferred from a mental hygiene facility and the facility director for a patient transferred from a correctional facility. See N.Y. Public Health Law 2994-A
• Personal property: All property that is not real property.
• pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect, rodent, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or animals. See N.Y. Public Health Law 1602
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Present teacher: shall mean any teacher who was a teacher on or before the first day of August, nineteen hundred twenty-one, whose membership in the retirement system created by this article has been continuous and
  
  a. See N.Y. Education Law 501
• President: means the president of the New York state higher education services corporation. See N.Y. Public Health Law 901
• 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.
• Price reduction instrument: means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price. See N.Y. Public Health Law 1399-AA
• Primary care: means the health care fields of family practice, general pediatrics, primary care internal medicine, primary care obstetrics, or primary care gynecology, without regard to board certification, provided by a health care provider acting within his, her, or its lawful scope of practice. See N.Y. Public Health Law 2999-O
• Primary care medical training program: means a graduate medical education training program in New York state defined by the commissioner, in consultation with the council, pursuant to regulations, as providing appropriate training in primary care medicine. See N.Y. Public Health Law 901
• Primary care physician: means a physician specialist in the field of family practice, general pediatrics, primary care internal medicine or primary care obstetrics and gynecology; who provides coordinated primary care services. See N.Y. Public Health Law 901
• Primary care practitioner: means a midwife, nurse practitioner, or physician assistant who is licensed or certified to practice in New York state and who provides or arranges for coordinated primary care services. See N.Y. Public Health Law 901
• Primary care practitioner program: means a full or part-time graduate, undergraduate or certificate course of study, approved or registered by the regents or a program registered by the department of education or determined by the department of education to be the equivalent required to practice as a licensed or certified primary care practitioner. See N.Y. Public Health Law 901
• Principal: means a person who has executed a health care proxy. See N.Y. Public Health Law 2980
• Private club: means an organization with no more than an insignificant portion of its membership comprised of people under the age of twenty-one years that regularly receives dues and/or payments from its members for the use of space, facilities and services. See N.Y. Public Health Law 1399-AA
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means a person producing milk. See N.Y. Agriculture and Markets Law 253
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective employee: shall mean any individual, not currently an employee, who files an application for employment as an employee with a provider and the provider has a reasonable expectation to hire such individual as an employee. See N.Y. Public Health Law 2899
• Protected individual: means a person who is the subject of an HIV related test or who has been diagnosed as having HIV infection, AIDS or HIV related illness. See N.Y. Public Health Law 2780
• Provider: means an individual or entity, whether for profit or nonprofit, whose primary purpose is to provide professional health care services. See N.Y. Public Health Law 2801
• Provider: shall mean : (a) any residential health care facility licensed under article twenty-eight of this chapter; or any certified home health agency, licensed home care services agency or long term home health care program certified under article thirty-six of this chapter; any hospice program certified pursuant to article forty of this chapter; or any adult home, enriched housing program or residence for adults licensed under Article 7 of the social services law; or (b) a health home, or any subcontractor of such health home, who contracts with or is approved or otherwise authorized by the department to provide health home services, including enrollees who are under twenty-one years of age, under § 365-l of the social services law, except for a health home, or any subcontractor of such health home, who contracts with or is approved or otherwise authorized by the department to provide health home services to all those enrolled pursuant to a diagnosis of a developmental disability as defined in subdivision twenty-two of § 1. See N.Y. Public Health Law 2899
• Psychiatric nurse practitioner: means a nurse practitioner certified by the department of education as a psychiatric nurse practitioner. See N.Y. Public Health Law 2980
• Public agency: shall mean the family court, the division for youth or the local social services district. See N.Y. Education Law 4001
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public or private agency: shall mean any agency of federal, state or local government, regional market authority, public benefit corporation, not-for-profit corporation, cooperative corporation or educational institution. See N.Y. Agriculture and Markets Law 260
• Pupil: means a child for whom transportation aid is paid and who lives more than one and one-half miles from the school which he or she attends, measured by the nearest available road to such school, or a child who lives more than one mile from an approved route, measured by the nearest available road to such route, and also lives more than one and one-half miles from the school which he or she attends. See N.Y. Education Law 3621
• Qualified psychiatrist: means , for the purposes of this article, a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or (b) is certified by the American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board. See N.Y. Public Health Law 2980
• 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.
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending practitioner or another person acting on behalf of the attending practitioner or the hospital. See N.Y. Public Health Law 2961
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending practitioner or another person acting on behalf of the attending practitioner or the hospital. See N.Y. Public Health Law 2980
• Reasonably available: means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of an attending physician, or the hospital. See N.Y. Public Health Law 2994-A
• Recess: A temporary interruption of the legislative business.
• refrigerated warehouse: shall mean any establishment or structure, or portion thereof, where space is rented or hired for the storage of food at or below the temperature of forty-five degrees Fahrenheit for more than thirty days. See N.Y. Agriculture and Markets Law 230
• refrigeration: shall mean the storage or keeping of articles of food in a refrigerated warehouse at or below a temperature above zero of forty-five degrees Fahrenheit. See N.Y. Agriculture and Markets Law 230
• Regional or joint transportation system: means a transportation system in which a school district participates pursuant to a contract executed in accordance with paragraph h of subdivision twenty-five of section seventeen hundred nine of this chapter. See N.Y. Education Law 3621
• Released claims: means released claims as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• Releasing parties: means releasing parties as that term is defined in the master settlement agreement. See N.Y. Public Health Law 1399-OO
• 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.
• 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.
• Residence: shall mean a dwelling that the patient considers to be his or her home. See N.Y. Public Health Law 2994-II
• Residential health care facility: means a nursing home or a facility providing health-related service. See N.Y. Public Health Law 2801
• Residential health care facility: means a residential health care facility as defined in subdivision three of section two thousand eight hundred one of this chapter. See N.Y. Public Health Law 2980
• Residential health care facility: means a residential health care facility as defined in subdivision three of section twenty-eight hundred one of this chapter. See N.Y. Public Health Law 2994-A
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dealer: means a person licensed by the commissioner of taxation and finance to sell cigarettes, tobacco products, or vapor products in this state. See N.Y. Public Health Law 1399-AA
• Retirement allowance: shall mean the pension plus the annuity. See N.Y. Education Law 501
• Retirement board: shall mean the retirement board provided by section five hundred four of this article. See N.Y. Education Law 501
• Retirement fund: shall mean the state teachers' retirement fund for public school teachers of the state of New York as created by chapter one hundred forty of the laws of nineteen hundred ten, chapter four hundred forty-nine of the laws of nineteen hundred eleven, chapter forty-four of the laws of nineteen hundred fourteen, chapter one hundred three of the laws of nineteen hundred nineteen and chapter one hundred sixty-one of the laws of nineteen hundred twenty-three. See N.Y. Education Law 501
• Retirement system: shall mean the New York state teachers' retirement system provided for in section five hundred two of this article. See N.Y. Education Law 501
• Route: means a highway or highways over and upon which a school bus regularly travels in accordance with a schedule maintained for the transportation of pupils from their homes to school. See N.Y. Education Law 3621
• salary: means that amount fixed by or pursuant to law and paid by or for an employer to an employee as compensation for services rendered by the employee to the employer. See N.Y. Education Law 398
• salary: shall mean the amount of compensation that is to be paid to a teacher for services rendered during the full ten months period that the public schools of the district are required by law to be in session during any school year. See N.Y. Education Law 3101
• School bus: means any vehicle or other means of conveyance used for the purpose of transporting pupils. See N.Y. Education Law 3621
• School district: means common school districts, to the extent that they provide transportation of students in grades seven through twelve to a school outside the district, consolidated school districts, central school districts, central high school districts, union free school districts, except special act school districts as defined in section four thousand one of this chapter, and city school districts. See N.Y. Education Law 3621
• Secured hospital project bonds: shall mean outstanding bonds issued on behalf of a not-for-profit hospital corporation organized under the laws of this state, which hospital has previously been designated by the commissioner and the public health council to be eligible to receive distributions from the reimbursement pools established pursuant to paragraph (c) of subdivision nine of section twenty-eight hundred seven-a of this chapter, or any successor pool or pools established to serve a substantially similar purpose to such pools. See N.Y. Public Health Law 2872
• Service: shall mean actual teaching or supervision by the teacher during regular school hours of the day, and shall mean governmental service in the state of New York in another capacity where the teacher was a member of the New York state employees retirement system, and where such service was credited to the teacher in the said New York state employees retirement system. See N.Y. Education Law 501
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shisha: means any product made primarily of tobacco or other leaf, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe. See N.Y. Public Health Law 1399-AA
• short form: means an abbreviated version of the disclosure statement containing such information from the disclosure statement as the commissioner may require. See N.Y. Public Health Law 1400
• Special act school district: shall mean those school districts enumerated in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven as amended. See N.Y. Education Law 4001
• Statute: A law passed by a legislature.
• Storage: shall mean a facility or equipment with a refrigerated, controlled atmosphere, or other enclosed unit used for the purpose of long-term storage of farm and food products in connection with a farmers' market. See N.Y. Agriculture and Markets Law 260
• Storage: means any school bus garage facilities or sites which may be approved by the commissioner. See N.Y. Education Law 3621
• Store: means an individual business establishment at one location including a grocery store, hotel, restaurant, soda fountain, dairy products store, automatic milk vending machine, gasoline station or a similar mercantile establishment offering goods and/or services at retail to individual consumers. See N.Y. Agriculture and Markets Law 253
• Subpoena: A command to a witness to appear and give testimony.
• Summer day camp: shall mean a property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June first and September fifteenth in any year by children under sixteen years of age under general supervision, for the purpose of indoor or outdoor organized group activities, involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the department in rules and regulations, for a period of less than twenty-four hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. See N.Y. Public Health Law 1392
• Summons: Another word for subpoena used by the criminal justice system.
• Surrogate: means the person selected to make a decision regarding resuscitation on behalf of another person pursuant to section twenty-nine hundred sixty-five of this article. See N.Y. Public Health Law 2961
• Surrogate: means the person selected to make a health care decision on behalf of a patient pursuant to section twenty-nine hundred ninety-four-d of this article. See N.Y. Public Health Law 2994-A
• Surrogate list: means the list set forth in subdivision two of section twenty-nine hundred sixty-five of this article. See N.Y. Public Health Law 2961
• Surrogate list: means the list set forth in subdivision one of section twenty-nine hundred ninety-four-d of this article. See N.Y. Public Health Law 2994-A
• Teacher: shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal, supervisor, supervisory principal, director, superintendent, city superintendent, assistant city superintendent, district superintendent and other member of the teaching or professional staff of any class, public school, vocational school, truant reformatory school or parental school, and of any or all classes of schools within the state of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York state education department or of a duly elected board of education, board of school directors or board of trustees of the state or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods. See N.Y. Education Law 501
• Temporary employee: shall mean any employee who has been temporarily approved for employment pending a determination by the department. See N.Y. Public Health Law 2899
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminal condition: means an illness or injury from which there is no recovery, and which reasonably can be expected to cause death within one year. See N.Y. Public Health Law 2961
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco business: means a sole proprietorship, corporation, limited liability company, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products and accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. See N.Y. Public Health Law 1399-AA
• Tobacco product manufacturer: means an entity that after the effective date of this article directly (and not exclusively through any affiliate):
  
  (a) manufacturers cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);
  
  (b) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
  
  (c) becomes a successor of an entity described in paragraph (a) or (b) of this subdivision. See N.Y. Public Health Law 1399-OO
• Tobacco products: means one or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products. See N.Y. Public Health Law 1399-AA
• 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.
• Traumatic brain injury: means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. See N.Y. Public Health Law 2741
• Traveling summer day camp: shall mean a summer day camp which regularly operates in the period between May fifteenth and September fifteenth and which regularly transports children under the age of sixteen on a regular schedule to a facility, site, or property, including any tract of land, beach, park, stadium, building, tents or other structures pertinent to its use and primarily for the purposes of organized group activity. See N.Y. Public Health Law 1392
• 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.
• Tuition: shall mean the per pupil cost of all instructional services, supplies and equipment, and the operation of instructional facilities as determined by the commissioner. See N.Y. Education Law 4001
• Underserved area: means an area or medically underserved population designated by the commissioner pursuant to regulation, and in consultation with the respective health systems agency, as having a shortage of primary care physicians or primary care practitioners. See N.Y. Public Health Law 901
• 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}
• Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs bearing the excise tax stamp of the state, or on "roll-your-own" tobacco containers. See N.Y. Public Health Law 1399-OO
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Vapor products: means any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel. See N.Y. Public Health Law 1399-AA
• Vapor products: shall mean any vapor product, as defined by section thirteen hundred ninety-nine-aa of this chapter, intended or reasonably expected to be used with or for the consumption of nicotine. See N.Y. Public Health Law 1700
• Vapor products dealer: means a person licensed by the commissioner of taxation and finance to sell vapor products in this state. See N.Y. Public Health Law 1399-AA
• 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.