Terms Used In New York Laws > Public Authorities > Article 5 - Public Utility Authorities

• Absconding: means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's assigned community supervision officer or area bureau office and to notify his or her assigned community supervision officer or area bureau office of a change in residence, and reasonable efforts by the assigned community supervision officer to re-engage the releasee have been unsuccessful. See N.Y. Executive Law 259
• Accessory structure: means any structure or a portion of a main structure customarily incidental and subordinate to a principal land use or development and that customarily accompanies or is associated with such principal land use or development, including a guest cottage not for rent or hire that is incidental and subordinate to and associated with a single family dwelling. See N.Y. Executive Law 802
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the federal Job Training Partnership Act as enacted into law by Public Law 97-300. See N.Y. Executive Law 971
• Action plan: shall mean the strategic neighborhood action plan as described in subdivision three of section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrator: means the state fire administrator established pursuant to article six-C of this chapter. See N.Y. Executive Law 372
• 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.
• Advisory board: means that body established pursuant to this section or a criminal justice coordinating council whose members include the chief administrative officer and a majority of the members set forth in subdivision two of this section. See N.Y. Executive Law 261
• Advisory council: shall mean the advisory council of the New York state office of science, technology, and academic research. See N.Y. Executive Law 209
• 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.
• Agency: means the Adirondack park agency created by section eight hundred three of this article. See N.Y. Executive Law 802
• Agency manager: means the person designated by the applicant for a license who is responsible for the direction and operation of the placement activities of the agency at the premises covered by the license. See N.Y. General Business Law 171
• Agricultural use: means any management of any land for agriculture; raising of cows, horses, pigs, poultry and other livestock; horticulture or orchards; including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. See N.Y. Executive Law 802
• Allegation: something that someone says happened.
• AMC: means an individual or business entity that:
  
  (a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;
  
  (b) provides such services in connection with valuing a consumer's real property as security for consumer credit transactions secured by a consumer's principal dwelling; and
  
  (c) within a given year, oversees an appraisal panel of more than fifteen appraisers working in New York state or twenty-five or more appraisers working in two or more states. See N.Y. Executive Law 160-AAAA
• 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.
• Analysis: is a study of real estate or real property other than estimating value. See N.Y. Executive Law 160-A
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Applicant: means any person acting on his behalf or authorized to act on behalf of any other person for the purpose of securing a permit. See N.Y. Executive Law 876
• Applicant: shall mean an individual who has filed an application with the department for a security guard registration card. See N.Y. General Business Law 89-F
• Applicant: means an individual who has filed an application with the department for a registration card. See N.Y. General Business Law 89-PPP
• Appraisal: A determination of property value.
• Appraisal management services: means to, directly or indirectly, provide any of the following services on behalf of a lender, financial institution, client, or any other person in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations:
  
  (a) administer an appraiser panel;
  
  (b) recruit, retain or select appraisers;
  
  (c) qualify or verify licensing or certification and negotiate fees and service level expectations with persons who are part of an appraiser panel;
  
  (d) contract with appraisers to perform appraisal assignments;
  
  (e) receive an order for an appraisal from one person, and deliver the order for the appraisal to an appraiser that is part of an appraiser panel for completion;
  
  (f) manage the process of having an appraisal performed, including providing administrative duties, such as receiving appraisal orders and reports, submitting completed appraisal reports to creditors and underwriters for services provided, and reimbursing appraisers for services performed;
  
  (g) track and determine the status of orders for appraisals;
  
  (h) conduct quality control of a completed appraisal prior to the delivery of the appraisal to the person that ordered the appraisal;
  
  (i) provide a completed appraisal performed by an appraiser to one or more clients; or
  
  (j) compensate appraisers for services rendered. See N.Y. Executive Law 160-AAAA
• Appraisal report: means any written communication of an appraisal. See N.Y. Executive Law 160-A
• Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See N.Y. Executive Law 160-AAAA
• Appraiser: means a person licensed or certified pursuant to article six-E of this chapter. See N.Y. Executive Law 160-AAAA
• Appraiser panel: means a network, list or roster of licensed or certified appraisers approved by the appraisal management company to perform appraisals as independent contractors of the appraisal management company. See N.Y. Executive Law 160-AAAA
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved amendment: means an amendment submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the division to meet the requirements set forth in section 266 of this article to provide eligible alcohol and substance abuse programs. See N.Y. Executive Law 261
• Approved local land use program: means any local land use program approved by the agency under section eight hundred seven. See N.Y. Executive Law 802
• Approved plan: means a plan submitted by the county executive upon approval by the advisory board or council and by the local legislative body, which has been determined by the office to meet the requirements set forth in paragraph a of this subdivision. See N.Y. Executive Law 261
• Areas of public assembly: means all buildings or portions of buildings used for gathering together fifty or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom. See N.Y. Executive Law 372
• Armored car carrier: means any individual, partnership, association, limited liability company, corporation, or any other entity, engaging in the business of providing armored car services for hire. See N.Y. General Business Law 89-BBB
• Armored car carrier: has the meaning ascribed to that term by subdivision six of section eighty-nine-bbb of this chapter. See N.Y. General Business Law 89-PPP
• Armored car guard: has the meaning ascribed to that term by subdivision eight of section eighty-nine-ppp of this chapter. See N.Y. General Business Law 89-BBB
• Armored car guard: means an individual employed by an armored car carrier to provide armored car services and who carries a firearm or is authorized by the employer to access a firearm when providing armored car services, and who holds a conditional letter of authority or a valid registration card issued by the department pursuant to the provisions of this article. See N.Y. General Business Law 89-PPP
• Armored car services: means engaging in the business of providing secured transportation, protection and safeguarding of valuable cargo from one place or point to another, including the provision of cash services for automated teller machines, by means of specially designed and constructed bullet-resistant armored vehicles and armored car guards. See N.Y. General Business Law 89-BBB
• Armored car services: has the meaning ascribed to that term by subdivision seven or section eighty-nine-bbb of this chapter. See N.Y. General Business Law 89-PPP
• 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.
• Artist: shall mean actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. See N.Y. General Business Law 171
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• association: as used in this article , is defined in section two, subdivision four, of this chapter. See N.Y. General Associations Law 18
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• authority: shall mean the corporation created by section eleven hundred forty-seven-c of this title. See N.Y. Public Authorities Law 1147-A
• Authorized organization: shall mean any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have as its dominant purpose or purposes one or more of the lawful purposes as defined in the bingo licensing law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in the bingo licensing law, Article 14-H of the general municipal law, for a period of one year immediately prior to applying for a license under the licensing law. See N.Y. Executive Law 432
• 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.
• 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.
• 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.
• Bingo licensing law: shall mean Article 14-h of the general municipal law. See N.Y. Executive Law 432
• Black car operator: means the registered owner of a for-hire vehicle, or a driver designated by such registered owner to operate the registered owner's for-hire vehicle as the registered owner's authorized designee, whose injury arose out of and in the course of providing covered services to a central dispatch facility that is a registered member of the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
• Blind external proficiency testing: means a test sample that is presented to a forensic laboratory for forensic DNA testing through a second agency, and which appears to the analysts to involve routine evidence submitted for forensic DNA testing. See N.Y. Executive Law 995
• Board: means the state board of real estate appraisal established pursuant to the provisions of section one hundred sixty-c of this article. See N.Y. Executive Law 160-A
• Board: means the workers' compensation board. See N.Y. Executive Law 160-CC
• Board: means the state board of real estate appraisal which shall advise the department, as necessary, on implementation of, and enforcement of this article. See N.Y. Executive Law 160-AAAA
• Board: means the state board of parole. See N.Y. Executive Law 259
• Board: shall mean the board of directors of the institute. See N.Y. Executive Law 321
• Board: means the New York motor vehicle theft and insurance fraud prevention board. See N.Y. Executive Law 846-K
• Board of directors: shall mean the governing board of the authority. See N.Y. Public Authorities Law 1147-A
• Bonds: shall mean the bonds, notes or other evidences of indebtedness issued by the authority. See N.Y. Public Authorities Law 1147-A
• Building: means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. See N.Y. Executive Law 372
• Cabinet: means the urban revitalization affairs cabinet created pursuant to an executive order to assist the governor in the coordination of state policies and programs affecting urban areas. See N.Y. Executive Law 895
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Central dispatch facility: means a central facility, wherever located, including a transportation network company, that (a) dispatches the registered owners of for-hire vehicles, or drivers acting as the designated agent of such registered owners, to both pick-up and discharge passengers in the state, and (b) has certified to the satisfaction of the department of state that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger; provided, however, that a central dispatch facility shall not include any such central facility that owns fifty percent or more of the cars it dispatches. See N.Y. Executive Law 160-CC
• Certified business: shall mean a business verified as a minority or women-owned business enterprise pursuant to section three hundred fourteen of this article. See N.Y. Executive Law 310
• 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.
• Chief elected officer: means in the case of a city, the mayor thereof; in the case of a town, the supervisor thereof; and in the case of a village, the mayor thereof. See N.Y. Executive Law 802
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• citizenship or immigration status: means the citizenship of any person or the immigration status of any person who is not a citizen of the United States. See N.Y. Executive Law 292
• Civil service commission: shall mean the civil service commission of the county of Allegany. See N.Y. Public Authorities Law 1147-A
• class B regional project: means the land use and development and subdivisions of land listed and so characterized in section eight hundred ten. See N.Y. Executive Law 802
• Classification of compatible uses lists: means the land use and development plan's lists of primary uses and secondary uses for the land use area contained in subdivision three of section eight hundred five. See N.Y. Executive Law 802
• Clearcutting: means any cutting of all or substantially all trees over six inches in diameter at breast height over any ten-year cutting cycle. See N.Y. Executive Law 802
• Coastal area: shall mean (a) the state's coastal waters, and (b) the adjacent shorelands, including landlocked waters and subterranean waters, to the extent such coastal waters and adjacent lands are strongly influenced by each other including, but not limited to, islands, wetlands, beaches, dunes, barrier islands, cliffs, bluffs, inter-tidal estuaries and erosion prone areas. See N.Y. Executive Law 911
• Coastal area boundaries: shall mean the boundaries prepared by the secretary of state pursuant to section forty-seven of chapter four hundred sixty-four of the laws of nineteen hundred seventy-five. See N.Y. Executive Law 911
• Coastal waters: means lakes Erie and Ontario, the St. See N.Y. Executive Law 911
• code: means the New York state uniform fire prevention and building code promulgated pursuant to section three hundred seventy-seven of this article. See N.Y. Executive Law 372
• commercial space: means any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof. See N.Y. Executive Law 292
• Commercial use: means any use involving the sale or rental or distribution of goods, services or commodities, either retail or wholesale, or the provision of recreation facilities or activities for a fee other than any such uses specifically listed on any of the classification of compatible uses lists. See N.Y. Executive Law 802
• commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. Executive Law 432
• Commission: shall mean the commission on forensic science established pursuant to section nine hundred ninety-five-a of this article. See N.Y. Executive Law 995
• Commissioner: means the commissioner of the department of corrections and community supervision. See N.Y. Executive Law 259
• Commissioner: shall mean the commissioner of the department of economic development. See N.Y. Executive Law 310
• Commissioner: shall mean the commissioner of children and family services, designated as the head of the office of children and family services by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
• Commissioner: shall mean the commissioner of the division of criminal justice services. See N.Y. Executive Law 846-B
• Commissioner: shall mean the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-F
• Commissioner: means the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-BBB
• Commissioner: means the commissioner of the division of criminal justice services. See N.Y. General Business Law 89-PPP
• Commissioner: means the industrial commissioner of the state of New York, except that in the application of this article to the city of New York the term "commissioner" means the commissioner of consumer affairs of such city. See N.Y. General Business Law 171
• Committee: shall mean the neighborhood based initiatives oversight committee established in accordance with section five hundred forty-eight-e of this article. See N.Y. Executive Law 548-B
• 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.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community housing: means a dwelling unit (i) not exceeding one thousand five hundred square feet of floor space each (excluding the first floor of a garage), (ii) located on one contiguous parcel, (iii) located within a moderate intensity use or low intensity use land use area, (iv) located within three miles of a hamlet land use area and not closer than one-tenth mile of a shoreline of a lake, pond or navigable river or stream, or located within one mile of the location of the following post offices on the enactment date of this subdivision and not closer than one-tenth mile of a shoreline of a lake, pond or navigable river or stream: Athol, NY 12810; Brantingham, NY 13312; Gabriels, NY 12939; Hoffmeister, NY 13353; Hulett's Landing, NY 12841; Kattskill Bay, NY 12844; Paul Smiths, NY 12970; Piseco, NY 12139; Sabael, NY 12864; Wanakena, NY 13695; White Lake, NY 12786; and (v) limited in perpetuity by deed or other legal instrument enforceable by a third party and the state of New York to primary single family dwellings for persons with one hundred twenty per centum or less of the area median income, adjusted for family size, as defined by the United States department of housing and urban development for the county in which such project is located; provided however, that each dwelling unit shall constitute a separate lot, parcel or site for purposes of agency jurisdiction pursuant to subparagraph one of paragraph (b) and subparagraph one of paragraph (a) of subdivision two of section eight hundred ten of this article. See N.Y. Executive Law 802
• Community supervision: means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole. See N.Y. Executive Law 259
• Company: shall mean any organization, incorporated or unincorporated, organized exclusively for a purpose or purposes, not for pecuniary profit or financial gain and no part of the assets, income or profit of which is distributable to, or inures to the benefit of, its members, directors (or their equivalent) or officers except to the extent permitted by law, and which is engaged in one or more of the company activities specified in subdivision five of this section. See N.Y. Executive Law 846-B
• company: as used in this article , includes all corporations, whether created under the laws of this state, or of the United States, or of those of any other state or nation. See N.Y. General Business Law 115
• Company activities: shall mean activities of neighborhood preservation crime prevention, geared towards the heightened awareness and practice of community members in techniques stressing the reduction of opportunities for crimes to occur and the increased possibility of police apprehension of criminals. See N.Y. Executive Law 846-B
• Competent appraiser: means an appraiser that satisfies each provision of the competency rule of the uniform standards of professional appraisal practice for a specific appraisal assignment or valuation service that the appraiser has received, or may receive, from an appraisal management company. See N.Y. Executive Law 160-AAAA
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive harbor management plan: shall mean a plan to address the problems of conflict, congestion and competition for space in the use of harbors, surface waters and underwater lands of the state within a city, town or village or abounding a city, town or village to a distance of fifteen hundred feet from shore. See N.Y. Executive Law 911
• Comptroller: shall mean the comptroller of the state of New York. See N.Y. Public Authorities Law 1147-A
• Construction: shall mean the erection, acquisition, alteration, reconstruction, rehabilitation, improvement, equipping, enlargement or extension of a life sciences and/or enabling sciences facility, including land acquisition and the engineering, architectural, legal, fiscal and economic investigations, studies, surveys, designs, plans, drawings, specifications, procedures and other actions relating to a life science or enabling science facility. See N.Y. Executive Law 209
• Construction: means the construction, reconstruction, alteration, conversion, repair, installation of equipment or use of buildings, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See N.Y. Executive Law 372
• Construction: shall mean the negotiation, acquisition, erection, building, alteration, improvement, testing, increase, enlargement, extension, reconstruction, interconnection, renovation or rehabilitation of a sewer facility of a project as defined herein; the inspection and supervision thereof; and the engineering, architectural, legal, appraisal, fiscal, economic and environmental investigations, services and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions incidental thereto. See N.Y. Public Authorities Law 1147-A
• 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.
• contract: shall mean the sole written agreement for a project between the department, as representative of the committee, and the approved applicant, providing for the terms under which funds may be used to finance allowable project costs as defined in section five hundred forty-eight-f of this article. See N.Y. Executive Law 548-B
• Contracting agency: shall mean a state agency which is a party or a proposed party to a state contract or, in the case of a state contract described in paragraph (c) of subdivision thirteen of this section, shall mean the New York state housing finance agency, housing trust fund corporation or affordable housing corporation, whichever has made or proposes to make the grant or loan for the state assisted housing project. See N.Y. Executive Law 310
• Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 310
• Contractor: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the award of a state contract or a proposed party to a state contract. See N.Y. Executive Law 821
• Controlling person: means :
  
  (a) an owner, officer or director of an appraisal management company, or an individual who holds an ownership interest of ten percent or more of such company;
  
  (b) an individual employed, appointed or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or
  
  (c) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See N.Y. Executive Law 160-AAAA
• 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 state fire prevention and building code council created by this article. See N.Y. Executive Law 372
• council: shall mean a voluntary group representing, to the greatest extent possible, the following: neighborhood residents, local government, the business and economic development community, service providers, charitable organizations, the legal community, and educational institutions, who shall be responsible for development of the plan required in section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
• council: means the most integrated setting coordinating council. See N.Y. Executive Law 701
• Council: shall mean the council on professional opportunity. See N.Y. Executive Law 940
• Council: shall mean the Long Island South Shore Estuary reserve council created by section nine hundred sixty-four of this article. See N.Y. Executive Law 962
• Council: means the committee, board or council established by the governor to meet the requirements of section one hundred twenty-two of the act for a state job training coordinating council. See N.Y. Executive Law 971
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County: shall mean , unless otherwise specifically stated, the county of Allegany. See N.Y. Public Authorities Law 1147-A
• County executive: means a county administrator, county manager, county director or county president and in cities with a population of one million or more, the mayor. See N.Y. Executive Law 261
• Covered services: means , with respect to dispatches from or by a central dispatch facility located in the state, all dispatches from such central dispatch facility regardless of where the pick-up or discharge occurs, and, with respect to dispatches from or by a central dispatch facility located outside the state, all dispatches involving a pick-up in the state, regardless of where the discharge occurs. See N.Y. Executive Law 160-CC
• credit: when used in this article means the right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right. See N.Y. Executive Law 292
• credit reporting bureau: when used in this article, means any person doing business in this state who regularly makes credit reports, as such term is defined by subdivision e of § 371 of the general business law. See N.Y. Executive Law 292
• creditor: when used in this article, means any person or financial institution which does business in this state and which extends credit or arranges for the extension of credit by others. See N.Y. Executive Law 292
• 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.
• Day of religious observance: means any day or portion thereof on which a religious observance imposes a substantial burden on any test subject's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a sabbath or other holy day or days in accordance with the requirements of his or her religion. See N.Y. Executive Law 328
• Dealer: means any person engaged in the retail sale of motor fuels for use in motor vehicles under a franchise entered into with a distributor. See N.Y. General Business Law 199-A
• 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.
• Department: shall mean the department of state. See N.Y. Executive Law 159-E
• Department: shall mean the department of state. See N.Y. Executive Law 160-A
• Department: means the department of state. See N.Y. Executive Law 160-CC
• Department: means the New York state department of state. See N.Y. Executive Law 160-AAAA
• Department: means the department of corrections and community supervision. See N.Y. Executive Law 259
• Department: means the department of state. See N.Y. Executive Law 372
• Department: shall mean the department of social services. See N.Y. Executive Law 548-B
• Department: shall mean the department of labor. See N.Y. Executive Law 821
• Department: shall mean the secretary of state or his or her designee. See N.Y. Executive Law 962
• Department: means the department of state. See N.Y. General Business Law 69-L
• Department: shall mean the department of state. See N.Y. General Business Law 89-F
• Department: means the department of state. See N.Y. General Business Law 89-BBB
• Department: means the department of state. See N.Y. General Business Law 89-PPP
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated offender: means a person convicted of any felony defined in any chapter of the laws of the state or any misdemeanor defined in the penal law except: (a) a person convicted of prostitution under § 230. See N.Y. Executive Law 995
• Development considerations: means the development considerations of the land use and development plan contained in subdivision four of section eight hundred five. See N.Y. Executive Law 802
• Devise: To gift property by will.
• director: shall mean the director of the office of probation and correctional alternatives, "office" shall mean the office of probation and correctional alternatives, "commissioner" shall mean the commissioner of the division of criminal justice services and "division" shall mean the division of criminal justice services. See N.Y. Executive Law 240
• Director: shall mean the director of the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
• Director: means the chief administrative officer of the state office of rural affairs. See N.Y. Executive Law 481
• Director: shall mean the director of the division of minority and women's business development. See N.Y. Executive Law 821
• Director: means the director of the office of business permits. See N.Y. Executive Law 876
• Director: means the executive director of the urban affairs cabinet and chief administrative officer of the office of urban revitalization. See N.Y. Executive Law 895
• disability: means (a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held. See N.Y. Executive Law 292
• disability: means , with respect to an individual:
  
  (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
  
  (b) a record of such an impairment; or
  
  (c) being regarded as having such an impairment. See N.Y. Executive Law 701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• discrimination: shall include segregation and separation. See N.Y. Executive Law 292
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disparity study: shall mean the most recent study of disparities between the utilization of minority group members and women in the performance of state contracts and the availability of minority group members and women to perform such work by the director pursuant to article fifteen-A of this chapter. See N.Y. Executive Law 821
• Distressed urban area: means communities within cities or urban counties of the state characterized by blight, stagnating or declining tax base, an unemployment rate in excess of the statewide average, an aged housing stock, a stagnating or declining population or the existence of ten per centum or more of the population at or below the poverty level. See N.Y. Executive Law 895
• Distributor: means any person engaged in the sale, consignment, or distribution of motor fuels to dealers. See N.Y. General Business Law 199-A
• Districts: shall mean fire districts created pursuant to Article 11 of the town law. See N.Y. Executive Law 155-A
• Diversity practices: shall mean the contractor's practices and policies with respect to:
  
  (a) utilizing or mentoring certified minority and women-owned business enterprises in contracts awarded by a state agency or other public corporation, as subcontractors and suppliers; and
  
  (b) entering into partnerships, joint ventures or other similar arrangements with certified minority and women-owned business enterprises as defined in this article or other applicable statute or regulation governing an entity's utilization of minority or women-owned business enterprises. See N.Y. Executive Law 310
• division: means the state division of human rights created by this article. See N.Y. Executive Law 292
• Division: shall mean the department of economic development's division of minority and women's business development. See N.Y. Executive Law 821
• Division: shall mean the division of criminal justice services. See N.Y. Executive Law 846-B
• Division: shall mean the division of criminal justice services. See N.Y. General Business Law 89-F
• Division: means the division of criminal justice services. See N.Y. General Business Law 89-BBB
• Division: means the division of criminal justice services. See N.Y. General Business Law 89-PPP
• DNA: means deoxyribonucleic acid. See N.Y. Executive Law 995
• DNA record: means DNA identification information prepared by a forensic DNA laboratory and stored in the state DNA identification index for purposes of establishing identification in connection with law enforcement investigations or supporting statistical interpretation of the results of DNA analysis. See N.Y. Executive Law 995
• DNA subcommittee: shall mean the subcommittee on forensic DNA laboratories and forensic DNA testing established pursuant to subdivision thirteen of section nine hundred ninety-five-b of this article. See N.Y. Executive Law 995
• DNA testing methodology: means methods and procedures used to extract and analyze DNA material, as well as the methods, procedures, assumptions, and studies used to draw statistical inferences from the test results. See N.Y. Executive Law 995
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• educational institution: shall mean :
  
  (a) any education corporation or association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of Article 4 of the real property tax law; or
  
  (b) any for-profit entity that operates a college, university, licensed private career school or certified English as a second language school which holds itself out to the public to be non-sectarian and which is not exempt from taxation pursuant to the provisions of Article 4 of the real property tax law; or
  
  (c) any public school, including any school district, board of cooperative educational services, public college or public university. See N.Y. Executive Law 292
• Eligible alcohol and substance abuse programs: means eligible programs which serve to assist the courts, public officers and others in identifying and avoiding inappropriate incarceration by providing services to offenders who have or have had a history of alcohol or substance abuse and who, having been charged with or convicted of a felony are also at risk of incarceration as a pre-trial detainee, a determinate sentenced offender, an indeterminate sentenced offender, a probation violator, or a parole violator. See N.Y. Executive Law 261
• Eligible applicant: shall mean a not-for-profit private or public agency, a school district, a local governmental agency, or a combination of such entities. See N.Y. Executive Law 548-B
• Eligible entity: shall mean any organization
  
  (a) officially designated as a community action agency or a community action program under the provisions of section two hundred ten of the economic opportunity act of 1964 for fiscal year 1981, unless such community action agency or a community action program lost its designation under section two hundred ten of such act as a result of a failure to comply with the provisions of such act; or
  
  (b) designated by the process described in section one hundred fifty-nine-m of this article (including an organization serving migrant or seasonal farmworkers that is so described or designated). See N.Y. Executive Law 159-E
• Eligible programs: means existing programs, enhancement of existing programs or initiation of new programs or, if submitting an approved amendment pursuant to section two hundred sixty-six of this article, eligible alcohol and substance abuse programs as defined in paragraph c of this subdivision which serve to assist the court, public officers or others in identifying and avoiding the inappropriate use of incarceration. See N.Y. Executive Law 261
• Emigrant agent: shall mean any person, on behalf of an employment agency who, for a fee, procures or attempts to procure employment for persons outside the state or outside the continental United States seeking such employment, or employees from outside the state or outside the continental United States for employers seeking the services of such employees. See N.Y. General Business Law 171
• employer: shall include all employers within the state. See N.Y. Executive Law 292
• employer fee paid employment agency: means any person who on behalf of employers procures or attempts to procure employees for "Class B" employment (as defined in section one hundred eighty-five of this article) and who in no instance charges a fee directly, or indirectly, to persons seeking such employment even though a fee may be charged to employers seeking the services of such employees, and who engages in no activity constituting the operation of an employment agency as defined in section one hundred seventy-one of this chapter and who in no instance enters into any arrangement through which the employer fee paid employment agency receives remuneration or any other thing of value from any person, firm or corporation which collects fees from applicants. See N.Y. General Business Law 191
• employment agency: includes any person undertaking to procure employees or opportunities to work. See N.Y. Executive Law 292
• Employment agency: means any person (as hereinafter defined) who, for a fee, procures or attempts to procure:
  
  (1) employment or engagements for persons seeking employment or engagements, or
  
  (2) employees for employers seeking the services of employees. See N.Y. General Business Law 171
• Enabling sciences: shall mean those science disciplines which may be directly applied to life science research, including but not limited to, engineering, material science, chemistry, computer science, electronics, physics, bioinfomatics, nanotechnologies and applications of microelectronics and micro-electromechanical devices. See N.Y. Executive Law 209
• 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.
• Equipment: means plumbing, heating, electrical, ventilating, air conditioning, refrigerating equipment, elevators, dumb waiters, escalators and other mechanical additions or installations. See N.Y. Executive Law 372
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estuary: shall mean all or part of the mouth of a river or stream or any body of water having an unimpaired natural connection with the open sea and within which sea water is measurably diluted with fresh-water derived from land drainage, including associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher. See N.Y. Executive Law 962
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive director: shall mean the executive director of the New York state office of science, technology, and academic research. See N.Y. Executive Law 209
• Executive director: shall mean the executive director of the justice center for the protection of people with special needs. See N.Y. Executive Law 550
• Executor: A male person named in a will to carry out the decedent
• existing use: means any land use or development in existence at any given time. See N.Y. Executive Law 802
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• familial status: when used in this article, means:
  
  (a) any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of eighteen years, or
  
  (b) one or more individuals (who have not attained the age of eighteen years) being domiciled with:
  
  (1) a parent or another person having legal custody of such individual or individuals, or
  
  (2) the designee of such parent. See N.Y. Executive Law 292
• Fee: means the motor vehicle theft and insurance fraud prevention fee established pursuant to § 9110 of the insurance law. See N.Y. Executive Law 846-K
• Fee: means anything of value, including any money or other valuable consideration charged, collected, received, paid or promised for any service, or act rendered or to be rendered by an employment agency, including but not limited to money received by such agency or its emigrant agent which is more than the amount paid by it for transportation, transfer of baggage, or board and lodging on behalf of any applicant for employment. See N.Y. General Business Law 171
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fire area: means the floor area of a story of a building within exterior walls, party walls, fire walls, or any combination thereof. See N.Y. Executive Law 372
• Fire companies: shall mean fire companies governed by the not-for-profit corporation law. See N.Y. Executive Law 155-A
• Fire protection equipment and systems: means apparatus, assemblies, or systems, either portable or fixed, for use to detect, prevent, control, or extinguish fire. See N.Y. Executive Law 372
• 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.
• Flag: shall mean the flag of the United States of America. See N.Y. Executive Law 401
• 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}
• forensic DNA laboratory: shall mean any forensic laboratory operated by the state or unit of local government, that performs forensic DNA testing on crime scenes or materials derived from the human body for use as evidence in a criminal proceeding or for purposes of identification and the term "forensic DNA testing" shall mean any test that employs techniques to examine deoxyribonucleic acid (DNA) derived from the human body for the purpose of providing information to resolve issues of identification. See N.Y. Executive Law 995
• forensic laboratory: shall mean any laboratory operated by the state or unit of local government that performs forensic testing on evidence in a criminal investigation or proceeding or for purposes of identification. See N.Y. Executive Law 995
• Forestry use: means any management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, fences and forest drainage systems. See N.Y. Executive Law 802
• 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}
• Franchise: means any agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor, or to which the distributor has the right to authorize the use thereof, and is furnished by the distributor with products to be sold at retail under such trademark, trade name, service mark, or other identifying symbol or name or any agreement between a distributor and a dealer under which the dealer is granted the right to occupy or use premises or facilities owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of motor fuels of the distributor, provided that an agreement by one distributor to lease premises or facilities to another distributor shall not constitute a franchise. See N.Y. General Business Law 199-A
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the New York black car operators' injury compensation fund, inc. See N.Y. Executive Law 160-CC
• Fund: means the motor vehicle theft and insurance fraud prevention fund established pursuant to § 89-d of the state finance law. See N.Y. Executive Law 846-K
• Fund liability date: means the earlier of: (a) the date as of which the board first approves the fund's application to self-insure pursuant to subdivision two of section one hundred sixty-ii of this article, or (b) the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of section one hundred sixty-ii of this article. See N.Y. Executive Law 160-CC
• game: shall mean a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. Executive Law 432
• 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
• gender identity or expression: means a person's actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. See N.Y. Executive Law 292
• Genetic test: shall mean a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic. See N.Y. Executive Law 292
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: shall mean :
  
  (a) In the case of a village, county, town or village or district corporation the finance board, as such term is defined in subdivision four of § 2. See N.Y. Public Authorities Law 1147-A
• 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.
• 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.
• 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.
• hearing examiner: means an employee of the division who shall be assigned for stated periods to no other work than the conduct of hearings under this article;
  
  19. See N.Y. Executive Law 292
• 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.
• Holder: shall mean an individual who has been issued a registration card by the department. See N.Y. General Business Law 89-F
• Holder: means an individual who has been issued a conditional letter of authority or a registration card by the department. See N.Y. General Business Law 89-PPP
• homeless youth: as used in this article shall be deemed to include "homeless young adults". See N.Y. Executive Law 532-A
• housing accommodation: includes any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings. See N.Y. Executive Law 292
• Hybrid firm or entity: means an entity that hires both real estate appraisers as employees to perform appraisals of real property, and engage independent contractors to perform such appraisals. See N.Y. Executive Law 160-AAAA
• In existence: means (a) with respect to any land use or development, including any structure, that such use or development has been substantially commenced or completed, and (b) with respect to any subdivision or portion of a subdivision, that such subdivision or portion has been substantially commenced and that substantial expenditures have been made for structures or improvements directly related thereto. See N.Y. Executive Law 802
• Inappropriate incarceration: means instances where a person is or is about to be confined or otherwise held in custody prior to trial on a criminal charge, or pursuant to a sentence imposed upon conviction for an offense, or pursuant to any criminal court order of commitment, and where the purposes of such confinement would be adequately served by an alternative to incarceration. See N.Y. Executive Law 261
• 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.
• Industrial use: means any manufacturing, production or assembly of goods or material, including any on site waste disposal area directly associated with an industrial use. See N.Y. Executive Law 802
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inland waterways: shall mean (a) the state's major inland lakes consisting of lakes Baldwin, Ballston, Big Tupper, Black, Brant, Campfire, Canadarago, Canandaigua, Carmel, Casse, Cazenovia, Cayuga, Champlain, Charles, Chateaugay, Chautauqua, Chazy, Conesus, Cranberry, Dean Pond (in the county of Putnam), Drew, East Caroga, Dickiebusch, Echo (in the county of Westchester), George, Gilead, Glencoma, Great Sacandaga, Honeoye, Indian, Journeys End, Junior (in the county of Westchester), Furnace Brook, Katonah, Kentwood, Keuka, Kirk, Kitchawan, Little Wolf (in the county of Franklin), Lincolndale, Long, Lost (in the county of Putnam), Meahagh, Mirror, MacGregor, Mahopac, Minerva, Mohegan, Nimham, Neatahwanta, Northville, Oceola, Oneida, Onondaga, Oscaleta, Ossi, Otisco, Otsego, Owasco, Palmer, Paradox, Peach, Peekskill, Placid, Purdys, Putnam, Raquette, Rippowam, Ronkonkoma, Round, Sacandaga, Saratoga, Schroon, Secor, Seneca, Shenorock, Skaneateles, Silver (in the county of Wyoming), Sagamore, Saranac, Seven Hills, Simon (in the county of Franklin), Sparkle, Tibet, Tonetta, Teakettle Spout, Truesdale, Waccabuc, West Caroga, White (in the county of Sullivan) and Wixon, and the Fulton chain of lakes; (b) the state's major rivers comprised of the Allegheny, Ausable, Battenkill, Black, Boquet, Bronx, Canisteo, Chaumont (including Chaumont bay), Chemung, Chenango, Cohocton, Delaware, Deer, Genesee, Grasse, Great Chazy, Hoosic, Hudson north of the federal dam at Troy, Indian, Little (in the Adirondack park), Little Ausable, Little Salmon (including north and south branches), Mad, Mettowee, Mohawk, Oswegatchie, Oswego, Pocantico, Racquette, Sacandaga, Salmon, Saranac, Saw Mill, Schroon, St. See N.Y. Executive Law 911
• Institute: shall mean the New York state Martin Luther King, Jr. See N.Y. Executive Law 321
• 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.
• Junk dealer: means any individual, firm, corporation, limited liability company, or partnership engaged in the business of purchasing and reselling valuable metal either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, salvage yards, collectors of or dealers in junk and junk cars or trucks, but shall not include any individual, firm, corporation, limited liability company, or partnership duly licensed as a scrap processor as provided in article six-c of this chapter. See N.Y. General Business Law 60
• Junk metal: means any product made of steel, copper, copper alloy, brass, aluminum, or aluminum alloy that is readily used or useable by a public utility, railroad, county, city or state highway department, public or private school, or an institution of higher education or which has an established market for resale to scrap processors as defined in section sixty-nine-e of this chapter. See N.Y. General Business Law 60
• 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.
• labor organization: includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment. See N.Y. Executive Law 292
• Land: means the earth, on or below the surface of the ground, including water and air above, the flora and fauna. See N.Y. Executive Law 802
• Land use areas: means the six types of land use areas of the land use and development plan delineated on the plan map and provided for in subdivision three of section eight hundred five. See N.Y. Executive Law 802
• Large county: shall mean a county having a population in excess of two hundred eighty-five thousand according to the most recent federal decennial census, provided however, that a county having a population in excess of two hundred eighty-five thousand according to the nineteen hundred eighty federal decennial census shall continue to be a large county thereafter notwithstanding a later census showing a population of less than two hundred eighty-five thousand for such county. See N.Y. Executive Law 310
• lawful source of income: shall include , but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. See N.Y. Executive Law 292
• lawfully: means in full compliance with all applicable laws, rules and regulations, including, without limitation, possession of and compliance with any permit or other approval required under the public health law, the environmental conservation law, any local or other governmental regulation. See N.Y. Executive Law 802
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lessee: shall mean an individual, a business enterprise, including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a lease with a state agency as defined in subdivision eleven of this section, or a respondent in conjunction with the award of such a lease or a proposed lessee with a state agency as defined in subdivision eleven of this section. See N.Y. Executive Law 310
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a person as herein defined licensed to engage in the business of installing, servicing or maintaining security or fire alarm systems under this article. See N.Y. General Business Law 69-L
• Licensee: means an armored car carrier that has been issued a license in accordance with the provisions of this article. See N.Y. General Business Law 89-BBB
• Licensing examination: means any test or examination that is given in New York and used to determine whether an applicant will be licensed, certified, admitted, or otherwise permitted to practice any profession, business, trade, activity, or pursuit. See N.Y. Executive Law 328
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life sciences: shall mean those science disciplines relating to the study of living organisms and vital processes. See N.Y. Executive Law 209
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: shall include all county, city, town and village governing bodies, all other public corporations, special districts and school districts in the state. See N.Y. Executive Law 401
• Local agency: means any community organization created for the purposes of enhancing the revitalization of distressed urban areas. See N.Y. Executive Law 895
• Local government: means a village, town (outside the area of any incorporated village) or city. See N.Y. Executive Law 372
• Local government: means any city, town or village whose boundaries lie wholly or partly within the Adirondack park, except that such term shall not include in the case of a town that portion thereof within any incorporated village. See N.Y. Executive Law 802
• Local land use program: means any comprehensive land use and development planning and control program undertaken by a local government that includes local land use controls, such as zoning and subdivision regulations and a sanitary code, and governs land use and development and subdivision of land within the entire jurisdiction of the local government. See N.Y. Executive Law 802
• Local licensing authority: means the governmental agency in the state, if any, that is authorized to license a central dispatch facility. See N.Y. Executive Law 160-CC
• Local youth bureau: shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city. See N.Y. Executive Law 412
• Major public utility use: means any electric power transmission or distribution line and associated equipment of a rating of more than fifteen kilovolts which is one mile or more in length; any telephone inter-exchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing twenty-five or more pairs of wire and designed to provide initial telephone service for new structures; any television, cable television, radio, telephone or other communication transmission tower; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; any electric substation, generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks, designed to service fifty or more principal buildings. See N.Y. Executive Law 802
• Majority leader: see Floor Leaders
• Master plan for management of state lands: means the master plan for management of state lands referred to in section eight hundred sixteen. See N.Y. Executive Law 802
• Means of egress: means a continuous unobstructed way of exit from any point in a building or structure to a public way. See N.Y. Executive Law 372
• Members: shall mean the members of the board of directors. See N.Y. Public Authorities Law 1147-A
• Mental hygiene facility: shall mean a facility as defined in subdivision six of § 1. See N.Y. Executive Law 550
• Metropolitan area: shall mean a city with a population of one million or more and a county having a population in excess of one million and immediately contiguous to such city. See N.Y. Executive Law 310
• military status: when used in this article means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law. See N.Y. Executive Law 292
• Mineral extraction: means any extraction, other than specimens or samples, from the land of stone, coal, salt, ore, talc, granite, petroleum products or other materials, except for commercial sand, gravel or topsoil extractions; including the construction, alteration or maintenance of mine roads, mine tailing piles or dumps and mine drainage. See N.Y. Executive Law 802
• Minority: shall mean a resident of New York state or a permanent resident noncitizen residing in New York state who is a member of a group historically underrepresented in the scientific, technical, health, and health-related professions as defined by the regents after consultation with the council. See N.Y. Executive Law 940
• Minority group member: shall mean a United States citizen or permanent resident noncitizen who is and can demonstrate membership in one of the following groups:
  
  (a) Black persons having origins in any of the Black African racial groups;
  
  (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
  
  (c) Native American or Alaskan native persons having origins in any of the original peoples of North America. See N.Y. Executive Law 310
• Minority leader: See Floor Leaders
• Minority-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
  
  (a) at least fifty-one percent owned by one or more minority group members;
  
  (b) an enterprise in which such minority ownership is real, substantial and continuing;
  
  (c) an enterprise in which such minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
  
  (d) an enterprise authorized to do business in this state and independently owned and operated;
  
  (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
  
  (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
• Mobile home: means any self-contained dwelling unit that is designed to be transported on its own wheels or those of another vehicle, may contain the same water supply, sewage disposal and electric system as immobile housing and is used for either permanent or seasonal occupancy. See N.Y. Executive Law 802
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• most integrated setting: means a setting that is appropriate to the needs of the individual with the disability and enables that individual to interact with nondisabled persons to the fullest extent possible. See N.Y. Executive Law 701
• Multiple family dwelling: means any apartment, town house, condominium or similar building, including the conversion of an existing single family dwelling, designed for occupancy in separate dwelling units therein by more than one family. See N.Y. Executive Law 802
• Municipal corporations: shall mean a county, city, town and village. See N.Y. Executive Law 155-A
• Municipal youth bureau: shall mean either:
  
  a. See N.Y. Executive Law 412
• municipalities: shall include public corporations as defined in subdivision one of § 66 of the general construction law and special districts as defined in subdivision sixteen of § 102 of the real property tax law. See N.Y. Executive Law 151
• Municipalities: shall mean municipal corporations. See N.Y. Executive Law 155-A
• Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 412
• Municipality: shall mean any city, town or village within this state. See N.Y. Executive Law 432
• Municipality: means any county, city, town, village, or school district. See N.Y. Executive Law 481
• Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 532-A
• Municipality: means any municipal corporation, district corporation or public benefit corporation as such terms are defined in § 3 of the general corporation law, and any agency or instrumentality of the foregoing, except that the term public benefit corporation shall not include any such corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
• Municipality: shall mean any city, town or village, incorporated or unincorporated, within the state of New York. See N.Y. Executive Law 846-B
• Municipality: shall mean any city, county, town, village or county or town acting on behalf of an improvement district. See N.Y. Public Authorities Law 1147-A
• necessary party: means any person who has such an interest in the subject matter of a proceeding under this article, or whose rights are so involved, that no complete and effective disposition can be made without his or her participation in the proceeding. See N.Y. Executive Law 292
• new land use: means any land use or development that is not a preexisting use. See N.Y. Executive Law 802
• Non-technical violation: means : (a) the commission of a new felony or misdemeanor offense; or (b) conduct by a releasee who is serving a sentence for an offense defined in article 130 of the penal law or section 255. See N.Y. Executive Law 259
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: shall mean the New York state office of science, technology and academic research. See N.Y. Executive Law 209
• Office: means the office of probation and correctional alternatives. See N.Y. Executive Law 261
• Office: shall mean the division of minority and women's business development in the department of economic development. See N.Y. Executive Law 310
• Office: means the office of fire prevention and control created pursuant to article six-C of this chapter. See N.Y. Executive Law 372
• Office: shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
• Office: means the state office of rural affairs created by this article. See N.Y. Executive Law 481
• Office: means the office of business permits created by this article. See N.Y. Executive Law 876
• Office: means the office of urban revitalization created by this article. See N.Y. Executive Law 895
• Officer: means the four primary officers of a corporation, normally defined as president, vice-president, secretary and treasurer. See N.Y. General Business Law 89-BBB
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Optional shoreline clustering provisions: means those provisions set forth as an alternative to the shoreline restrictions in section eight hundred six. See N.Y. Executive Law 802
• organized militia of the state: when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard. See N.Y. Executive Law 292
• Overall intensity guidelines: means the overall intensity guidelines for development for the various land use areas of the land use and development plan as contained in subdivision three of section eight hundred five. See N.Y. Executive Law 802
• Oversight: Committee review of the activities of a Federal agency or program.
• park: means land lying within the area described in subdivision one of section 9-0101 of the environmental conservation law including any future amendments thereto. See N.Y. Executive Law 802
• parties to the proceeding: means the complainant, respondent, necessary parties and persons permitted to intervene as parties in a proceeding with respect to a complaint filed under this article. See N.Y. Executive Law 292
• 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.
• Peace officer: shall mean a peace officer as defined by subdivision thirty-three of § 1. See N.Y. General Business Law 89-F
• Peace officer: has the meaning ascribed to that term by subdivision thirty-three of § 1. See N.Y. General Business Law 89-PPP
• Permit: means the whole or part of any state agency permit, license, certificate, approval, registration, charter, or similar form of permission required by law or by state agency rules and regulations having the force and effect of law. See N.Y. Executive Law 876
• Person: means an individual, partnership, corporation, or any other entity recognized under New York state law. See N.Y. Executive Law 160-AAAA
• person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See N.Y. Executive Law 292
• Person: means any individual, corporation, partnership, association, trustee, municipality or other legal entity, but shall not include the state or any state agency. See N.Y. Executive Law 802
• Person: means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to obtain one or more permits. See N.Y. Executive Law 876
• Person: means an individual, firm, company, partnership, limited liability company or corporation. See N.Y. General Business Law 69-L
• Person: means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office or the agent or employee of the foregoing. See N.Y. General Business Law 171
• Personal net worth: shall mean the aggregate adjusted net value of the assets of an individual remaining after total liabilities are deducted. See N.Y. Executive Law 310
• Personal property: All property that is not real property.
• Placement employee: shall mean any agency manager, director, counsellor, interviewer, or any other person employed by an employment agency who spends a substantial part of his time interviewing, counselling or conferring with job applicants or employers for the purpose of placing or procuring job applicants, but shall not include employees of an employment agency who are primarily engaged in clerical occupations. See N.Y. General Business Law 171
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means a county plan designed to identify and provide eligible programs as determined by either an advisory board established pursuant to this article, or by an existing criminal justice coordinating council, provided, however, the membership of such council includes a majority of those persons set forth in subdivision two of this section, provided that one person shall be the chief administrative officer. See N.Y. Executive Law 261
• plan: means the Adirondack park land use and development plan prepared by the Adirondack park agency as directed by law, approved by the agency on March three, nineteen hundred seventy-three, adopted in subdivision one of section eight hundred five, including the plan map, and any amendments thereto, the provisions of the plan as contained in subdivisions three and four of section eight hundred five and sometimes referred to as the "provisions of the plan" and any amendments thereto, and the shoreline restrictions contained in section eight hundred six, and any amendments thereto. See N.Y. Executive Law 802
• Plan: shall mean the comprehensive management plan created pursuant to section nine hundred sixty-six of this article. See N.Y. Executive Law 962
• Plan: means the governor's coordination and special services plan as required by section one hundred twenty-one of the act. See N.Y. Executive Law 971
• plan map: means the map portion of the land use and development plan on file at the headquarters of the Adirondack park agency as required in subdivision one of section eight hundred five. See N.Y. Executive Law 802
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Police officer: shall mean a police officer as defined by subdivision thirty-four of § 1. See N.Y. General Business Law 89-F
• Police officer: has the meaning ascribed to that term by subdivision thirty-four of § 1. See N.Y. General Business Law 89-PPP
• 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.
• Predisposing genetic characteristic: shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of development of a physical or mental disease or disability. See N.Y. Executive Law 292
• preexisting subdivision: means any subdivision or portion of a subdivision lawfully in existence prior to August one, nineteen hundred seventy-three, provided, however, that with respect to any subdivision or portion of a subdivision exempt from the agency's interim project review powers under subdivision thirteen of section eight hundred fifteen until June one, nineteen hundred seventy-three, such date shall be substituted herein for August one, nineteen hundred seventy-three. See N.Y. Executive Law 802
• preexisting use: means any land use or development, including any structure, lawfully in existence prior to August one, nineteen hundred seventy-three, provided, however, that with respect to any land use or development exempt from the agency's interim project review powers under subdivision thirteen of section eight hundred fifteen until June one, nineteen hundred seventy-three, such date shall be substituted herein for August one, nineteen hundred seventy-three. See N.Y. Executive Law 802
• pregnancy-related condition: means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article. See N.Y. Executive Law 292
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal: means any person controlling an interest greater than ten percent of an armored car carrier. See N.Y. General Business Law 89-BBB
• Principal building: means any one of the following:
  
  a. See N.Y. Executive Law 802
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Program: means the New York motor vehicle theft and insurance fraud prevention demonstration program. See N.Y. Executive Law 846-K
• Project: shall mean a neighborhood based initiatives project established in accordance with section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
• Project: means any new land use and development or subdivision of land that is subject to the review jurisdiction of either the agency or local government under this article. See N.Y. Executive Law 802
• project: shall mean a system of trunk, intercepting and connecting, lateral and outlet sewers, pumping and ventilating stations, disposal or treatment plants or works and other appliances and structures, which in the judgment of the authority will provide an effectual and advantageous means for relieving the area which the authority encompasses and any waters within or passing through or any ground waters from pollution by the sewage and waste of the area encompassing the authority and relieving such area from inadequate sanitary drainage and for the sanitary disposal or treatment of the sewage thereof, or such sections or parts of such system as the authority may from time to time deem it proper or convenient to construct, consistent with the plan or purpose of this title. See N.Y. Public Authorities Law 1147-A
• Project sponsor: shall mean any public, not-for-profit private or academic research institution or any subsidiary thereof located in the state of New York. See N.Y. Executive Law 209
• Project sponsor: means any person making application to the agency, or a local government for the review of a project. See N.Y. Executive Law 802
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• protective hairstyles: shall include , but not be limited to, such hairstyles as braids, locks, and twists. See N.Y. Executive Law 292
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public entity: shall mean :
  
  a. See N.Y. General Business Law 89-F
• 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 semi-public building: means any component building of a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center or similar facility, or a municipal building. See N.Y. Executive Law 802
• Public utility use: means any public utility use, equipment or structure which is not a "major public utility use. See N.Y. Executive Law 802
• publicly-assisted housing accommodations: shall include all housing accommodations within the state of New York in
  
  (a) public housing,
  
  (b) housing operated by housing companies under the supervision of the commissioner of housing,
  
  (c) housing constructed after July first, nineteen hundred fifty, within the state of New York
  
  (1) which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
  
  (2) which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the federal housing act of nineteen hundred forty-nine,
  
  (3) which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction, or
  
  (4) for the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance,
  
  (d) housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
  
  (e) housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if (1) the acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July first, nineteen hundred fifty-five, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or (2) a commitment, issued by a government agency after July first, nineteen hundred fifty-five, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof. See N.Y. Executive Law 292
• Purchase: means acquiring a junk metal product or products by a junk dealer for a consideration, but does not include purchases between scrap processors. See N.Y. General Business Law 60
• Qualified firearms instructor: means an individual who holds a certificate as a firearms instructor from an association or organization recognized by the division. See N.Y. General Business Law 89-PPP
• Qualified firearms training course: means a minimum forty-seven hour firearms training course for armored car guards that is specific and germane to the armored car carrier industry, recognized by the division in consultation with the armored car carrier industry. See N.Y. General Business Law 89-PPP
• 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 estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-A
• Real estate: means an identified parcel or tract of land, including improvements, if any. See N.Y. Executive Law 160-AAAA
• real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-A
• real estate appraisal: means an analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate. See N.Y. Executive Law 160-AAAA
• real estate broker: means any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other incumbrance upon or transfer of real estate. See N.Y. Executive Law 292
• real estate salesperson: means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker. See N.Y. Executive Law 292
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means one or more defined interests, benefits and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-A
• Real property: means the interest, benefits, and rights inherent in the ownership of real estate. See N.Y. Executive Law 160-AAAA
• real property: as used in this title is defined to include lands, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things and rights usually included within the said term, and includes also any and all interests in such property less than full title, such as easements, rights of way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise, and also all claims for damages for such real estate. See N.Y. Public Authorities Law 1007
• Real property: shall mean lands, structures, franchises and interests in lands, waters, lands under water, groundwater riparian rights and air rights and any and all things and rights customarily included within the term "real property" and includes not only fee simple absolute, but also any and all lesser interests including, but not limited to easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgment, mortgages or otherwise. See N.Y. Public Authorities Law 1147-A
• reasonable accommodation: means actions taken which permit an employee, prospective employee or member with a disability, or a pregnancy-related condition, to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested. See N.Y. Executive Law 292
• 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}
• Registration card: shall mean a photographic identification card issued by the department, including a special armed guard registration card signifying that the individual identified thereon has been authorized by the department to perform security guard functions. See N.Y. General Business Law 89-F
• Registration card: means a photographic identification card issued by the department signifying that the holder has been certified by the department to perform armored car services in the employ of an armored car carrier and to carry firearms in connection therewith. See N.Y. General Business Law 89-PPP
• regulated creditor: when used in this article, means any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the department of financial services or which is otherwise subject to the supervision of the department of financial services. See N.Y. Executive Law 292
• Releasee: means an individual released from an institution under the jurisdiction of the department into the community on temporary release, presumptive release, parole, conditional release, post-release supervision or medical parole. See N.Y. Executive Law 259
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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.
• Research development program: shall mean the program established by section two hundred nine-p of this article to encourage and enhance the economic development role of academic institutions in New York state. See N.Y. Executive Law 209
• Reserve: shall mean all the water and underwater lands comprising the South Shore Estuary and the lands which gather and transmit precipitation as either groundwater or run-off into such system and which are designated on a map prepared by a designated planning entity and adopted by the council. See N.Y. Executive Law 962
• reserve armed forces: when used in this article, means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve. See N.Y. Executive Law 292
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail: means the sale of motor fuels to the consuming public for the purposes other than resale. See N.Y. General Business Law 199-A
• review board: means the board established in section eight hundred three-a. See N.Y. Executive Law 802
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• Runaway and homeless youth crisis services program: shall mean :
  
  (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides services to runaway youth and homeless youth in accordance with the regulations of the office of children and family services; or
  
  (b) any residential program which is operated by an authorized agency as defined in subdivision ten of § 371 of the social services law, and certified by the office of children and family services to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the office of temporary and disability assistance and the office of children and family services. See N.Y. Executive Law 532-A
• Runaway youth: shall mean a person under the age of eighteen years who is absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian. See N.Y. Executive Law 532-A
• Rural areas: means counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. See N.Y. Executive Law 481
• Rural development and revitalization: shall mean those policies, programs, laws, regulations, or other matters having to do with rural areas including, but not limited to, human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing; and local government services and management. See N.Y. Executive Law 481
• Safe house: shall mean a residential program for sexually exploited children as defined in subdivision one of § 447-a of the social services law. See N.Y. Executive Law 532-A
• Secondary mortgage market participant: means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities. See N.Y. Executive Law 160-AAAA
• Secretary: shall mean the secretary of state. See N.Y. Executive Law 159-E
• Secretary: means the secretary of state. See N.Y. Executive Law 160-CC
• Secretary: means the secretary of state. See N.Y. Executive Law 372
• Secretary: shall mean the secretary of state. See N.Y. General Business Law 89-F
• Secretary: means the secretary of state. See N.Y. General Business Law 89-BBB
• Secretary: means the secretary of state. See N.Y. General Business Law 89-PPP
• secure facility: means a residential facility in which a juvenile delinquent may be placed under this article, which is characterized by physically restricting construction, hardware and procedures, and is designated as a secure facility by the division under this section. See N.Y. Executive Law 504-A
• Security guard: shall mean a person, other than a police officer, employed by a security guard company to principally perform one or more of the following functions within the state:
  
  a. See N.Y. General Business Law 89-F
• Security guard company: shall mean any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation or public entity employing one or more security guards or being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the state. See N.Y. General Business Law 89-F
• Security system: shall mean an assembly of equipment and devices or a single device designated to detect and/or signal an unauthorized intrusion into premises or to signal an attempted robbery, burglary, theft, pilferage or other loss at a protected premises, and with respect to which signal, police and/or security guards are expected to respond. See N.Y. General Business Law 89-F
• Serious offense: shall mean any felony involving the offenses enumerated in the closing paragraph of this subdivision; a criminal solicitation of or a conspiracy to commit or an attempt to commit or a criminal facilitation of a felony involving the offenses enumerated in the closing paragraph of this subdivision, which criminal solicitation, conspiracy, attempt or criminal facilitation itself constitutes a felony or any offense in any other jurisdiction which if committed in this state would constitute a felony; any offense in any other jurisdiction which if committed in this state would constitute a felony provided that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to Article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. See N.Y. General Business Law 89-F
• Serious offense: has the meaning ascribed to that term by subdivision thirteen of section eighty-nine-f of this chapter. See N.Y. General Business Law 89-BBB
• Serious offense: has the meaning ascribed to that term by subdivision thirteen of section eighty-nine-f of this chapter. See N.Y. General Business Law 89-PPP
• Service delivery areas: means the areas designated by the governor in accordance with the provisions of section one hundred one of the act. See N.Y. Executive Law 971
• Service of process: The service of writs or summonses to the appropriate party.
• Service Station: means any premises whereon the retail sale of motor fuels is conducted as the principal business. See N.Y. General Business Law 199-A
• 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.
• sexual orientation: means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. See N.Y. Executive Law 292
• Shoreline: means that line at which land adjoins the waters of lakes, ponds, rivers and streams within the Adirondack park at mean high water. See N.Y. Executive Law 802
• Shoreline restrictions: means those restrictions upon land use and development or subdivisions of land as contained in section eight hundred six. See N.Y. Executive Law 802
• Single family dwelling: means any detached building containing one dwelling unit, not including a mobile home. See N.Y. Executive Law 802
• Ski center: means any trail or slope for alpine skiing; including lifts, terminals, base lodges, warming huts, sheds, garages and maintenance facilities, parking lots and other buildings and structures directly and customarily related thereto. See N.Y. Executive Law 802
• solicitation: shall be deemed to have taken place whether or not a contribution is made. See N.Y. Executive Law 171-A
• solicitation of contributions: includes any advertising which represents that the purchase or use of goods, services, entertainment or any other thing of value will benefit a charitable organization. See N.Y. Executive Law 171-A
• South Shore Estuary: shall mean the Estuary located on the South Shore of Long Island between the western boundary of the Town of Hempstead and the Eastern Boundary of Shinnecock Bay. See N.Y. Executive Law 962
• Special armed guard registration card: shall mean a registration card issued by the department signifying that the individual thereon has been certified by the department to perform security guard functions and to carry firearms in connection with such functions. See N.Y. General Business Law 89-F
• Sprinkler system: shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread. See N.Y. Executive Law 155-A
• State: means the state of New York. See N.Y. Executive Law 802
• State: shall mean the state of New York. See N.Y. Public Authorities Law 1147-A
• State agency: shall mean (a) (i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of § 73 of the public officers law:
  
  (b) a "state authority" as defined in subdivision one of § 2 of the public authorities law, and the following:
  
  Albany County Airport Authority;
  
  Albany Port District Commission;
  
  Alfred, Almond, Hornellsville Sewer Authority;
  
  Battery Park City Authority;
  
  Cayuga County Water and Sewer Authority;
  
  (Nelson A. See N.Y. Executive Law 310
• State agency: means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of whose board is appointed by the governor. See N.Y. Executive Law 372
• State agency: means any department, office, council, or agency of the state, or any public benefit corporation or authority authorized by the laws of the state. See N.Y. Executive Law 481
• State agency: means any department, bureau, commission, board or other agency of the state, including any public benefit corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
• State agency: shall mean (a)(i) any state department, or (ii) any division, board, commission or bureau of any state department, or (iii) the state university of New York and the city university of New York, including all their constituent units except community colleges and the independent institutions operating statutory or contract colleges on behalf of the state, or (iv) a board, a majority of whose members are appointed by the governor or who serve by virtue of being state officers or employees as defined in subparagraph (i), (ii) or (iii) of paragraph (i) of subdivision one of § 73 of the public officers law. See N.Y. Executive Law 821
• State agency: means any department, board, bureau, commission, division, office, council or agency of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Executive Law 876
• State agency: means any department, board, bureau, commission, division, office, council or agency of the state, or a public benefit corporation or authority authorized by the laws of the state. See N.Y. Executive Law 895
• State agency: means any department, bureau, commission, board, public authority or other agency of the state, including any public benefit corporation any member of which is appointed by the governor. See N.Y. Executive Law 911
• State agency: shall mean any state office, public benefit corporation, department, board, commission, bureau or division, or other agency or instrumentality of the state. See N.Y. Public Authorities Law 1147-A
• State aid: shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article. See N.Y. Executive Law 412
• State assisted housing project: shall mean , for such projects which receive from the New York state housing finance agency, the affordable housing corporation, the housing trust fund corporation or the division of housing and community renewal a grant or loan for all or part of the total project cost:
  
  (a) a "permanent housing project for homeless families" or "project" as defined in subdivision five of § 64 of the private housing finance law;
  
  (b) a "project" as defined in subdivision twelve of § 1101 of the private housing finance law provided said project is located in a large county and consists of more than twelve residential units at a single site;
  
  (c) "affordable home ownership development programs" or "project" as defined in subdivision eight of § 1111 of the private housing finance law provided said project is located in a metropolitan area as herein defined and consists of more than twelve residential units at a single site;
  
  (d) a "turnkey/enhanced rental project" or "project" as defined in subdivision two of § 1106-a of the private housing finance law;
  
  (e) "infrastructure improvements" as defined in subdivision two of § 1131 of the private housing finance law, to the extent that such "infrastructure improvements" are applied for in connection with a state assisted housing project as defined in paragraphs (a) through (d) of this subdivision and provided further that the applicant for such infrastructure improvements and for such state assisted housing project are identical. See N.Y. Executive Law 310
• State certified real estate appraiser: means a person who develops and communicates real estate appraisal and who holds a current, valid certificate issued to him or her for either general or residential real estate under the provisions of this article. See N.Y. Executive Law 160-A
• State contract: shall mean : (a) a written agreement or purchase order instrument, providing for a total expenditure in excess of twenty-five thousand dollars, whereby a contracting agency is committed to expend or does expend funds in return for labor, services including but not limited to legal, financial and other professional services, supplies, equipment, materials or any combination of the foregoing, to be performed for, on behalf of, or rendered or furnished to the contracting agency; (b) a written agreement in excess of one hundred thousand dollars whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and (c) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Executive Law 310
• State contract: shall mean : (a) a written agreement in excess of one hundred thousand dollars whereby a state agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; and (b) a written agreement in excess of one hundred thousand dollars whereby the owner of a state assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project. See N.Y. Executive Law 821
• State licensed real estate appraiser: means a person who develops and communicates real property appraisals and who holds a current valid license issued to him or her for residential real property under the provisions of this article. See N.Y. Executive Law 160-A
• State licensed real estate appraiser assistant: means a person who assists and is supervised by a state certified real estate appraiser and who holds a current valid license issued to him or her under the provisions of this article. See N.Y. Executive Law 160-A
• State oversight agency: shall mean the state agency that operates, licenses or certifies an applicable facility or provider agency as defined in subdivision four of § 488 of the social services law; provided however that such term shall only include the following entities: the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, the office of children and family services, the department of health and the state education department. See N.Y. Executive Law 550
• State sanitary code: shall mean regulations adopted pursuant to § 225 of the public health law. See N.Y. Public Authorities Law 1147-A
• Statewide advocate: shall mean the person appointed by the director to serve in the capacity of the minority and women-owned business enterprise statewide advocate and procurement ombudsman. See N.Y. Executive Law 310
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Structure: means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, single family dwellings, mobile homes, signs, tanks, fences and poles and any fixtures, additions and alterations thereto. See N.Y. Executive Law 802
• Subcontract: shall mean an agreement providing for a total expenditure in excess of twenty-five thousand dollars for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major repair, renovation, planning or design of real property or improvements thereon for the beneficial use of the contractor. See N.Y. Executive Law 310
• Subcontractor: shall mean any individual or business enterprise that provides goods or services to any individual or business for use in the performance of a state contract, whether or not such goods or services are provided to a party to a state contract. See N.Y. Executive Law 821
• subdivision: means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. See N.Y. Executive Law 802
• 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: when used in this article, means the head of the department of financial services appointed pursuant to § 202 of the financial services law. See N.Y. Executive Law 292
• Technical violation: means any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the penal law. See N.Y. Executive Law 259
• Temporary greenhouse: means specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. See N.Y. Executive Law 372
• 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.
• 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
• Test subject: means an individual to whom a test or examination is administered. See N.Y. Executive Law 328
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theatrical employment agency: means any person (as defined in subdivision seven of this section) who procures or attempts to procure employment or engagements for an artist, but such term does not include the business of managing entertainments, exhibitions or performances, or the artists or attractions constituting the same, where such business only incidentally involves the seeking of employment therefor. See N.Y. General Business Law 171
• 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.
• Tourist accommodation: means any hotel, motel, resort, tourist cabin or similar facility designed to house the general public. See N.Y. Executive Law 802
• Tourist attraction: means any man-made or natural place of interest open to the general public and for which an admittance fee is usually charged, including but not limited to animal farms, amusement parks, replicas of real or fictional places, things or people and natural geological formations. See N.Y. Executive Law 802
• 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.
• Transitional independent living support program: shall mean :
  
  (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with the applicable regulations of the office of children and family services; or
  
  (b) any residential program established and operated to provide supportive services, in accordance with the regulations of the office of children and family services, to enable homeless youth to progress from crisis care and transitional care to independent living. See N.Y. Executive Law 532-A
• Treasurer: shall mean the treasurer of the authority. See N.Y. Public Authorities Law 1147-A
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• tribal organizations: shall mean those tribes, bands or other organized groups of Indians recognized in the state or considered by the federal secretary of the interior to be an Indian tribe or an Indian organization for any purpose. See N.Y. Executive Law 159-E
• Tripartite board: shall mean
  
  (a) the governing board of a private nonprofit entity selected by the entity and composed so as to assure that
  
  (1) one-third of the members of the board are elected public officials, holding office on the date of selection, or their representatives, except that if the number of such elected officials reasonably available and willing to serve on the board is less than one-third of the membership of the board, membership on the board of appointive public officials or their representatives may be counted in meeting such one-third requirement;
  
  (2) (A) not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members are representative of low-income individuals and families in the neighborhood served; and
  
  (B) each representative of low-income individuals and families selected to represent a specific neighborhood within a community under clause (A) of this subparagraph resides in the neighborhood represented by the member; and
  
  (3) the remainder of the members are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served; or
  
  (b) the governing board of a public organization, which shall have members selected by the organization and shall be composed so as to assure that not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members
  
  (1) are representative of low-income individuals and families in the neighborhood served;
  
  (2) reside in the neighborhood served; and
  
  (3) are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this article. See N.Y. Executive Law 159-E
• Truss type construction: means a fabricated structure of wood or steel, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own. See N.Y. Executive Law 372
• 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.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• 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}
• unlawful discriminatory practice: includes only those practices specified in sections two hundred ninety-six, two hundred ninety-six-a, two hundred ninety-six-c and two hundred ninety-six-d of this article. See N.Y. Executive Law 292
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• use: means any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of the use of land or a structure. See N.Y. Executive Law 802
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• USPAP: means the appraisal standards promulgated by the appraisal standards board of the appraisal foundation. See N.Y. Executive Law 160-AAAA
• Utilization plan: shall mean a plan prepared by a contractor and submitted in connection with a proposed state contract. See N.Y. Executive Law 310
• Valuable cargo: means money, cash, currency, coin, bullion, precious metals and articles made therefrom, gems and jewelry, negotiable and non-negotiable securities, bonds, notes, checks, drafts, coupons, or other valuable instruments, documents or certificates, including tapes, computer disks, or other electronic or magnetic media, U. See N.Y. General Business Law 89-BBB
• Valuation: is a n estimate of the value of real estate or real property. See N.Y. Executive Law 160-A
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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.
• Vulnerable person: shall mean a person who, due to physical or cognitive disabilities, or the need for services or placement, is receiving services from a facility or provider agency as defined in subdivision four of § 488 of the social services law. See N.Y. Executive Law 550
• Waste disposal area: means any area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use. See N.Y. Executive Law 802
• Water dependent use: means an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. See N.Y. Executive Law 911
• Watershed management or flood control project: means any dam, impoundment, dike, rip rap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of rivers or streams or the natural level or condition of lakes or ponds. See N.Y. Executive Law 802
• Wetlands: means any land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh which are either (a) one acre or more in size or (b) located adjacent to a body of water, including a permanent stream, with which there is free interchange of water at the surface, in which case there is no size limitation. See N.Y. Executive Law 802
• Women-owned business enterprise: shall mean a business enterprise, including a sole proprietorship, partnership, limited liability company or corporation that is:
  
  (a) at least fifty-one percent owned by one or more United States citizens or permanent resident noncitizens who are women;
  
  (b) an enterprise in which the ownership interest of such women is real, substantial and continuing;
  
  (c) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise;
  
  (d) an enterprise authorized to do business in this state and independently owned and operated;
  
  (e) an enterprise owned by an individual or individuals, whose ownership, control and operation are relied upon for certification, with a personal net worth that does not exceed fifteen million dollars, and such other amount as the director shall set forth in regulations, as adjusted annually on the first of January for inflation according to the consumer price index of the previous year; and
  
  (f) an enterprise that is a small business pursuant to subdivision twenty of this section. See N.Y. Executive Law 310
• Workforce preparation programs: means employment and training programs and human resource utilization activities including but not limited to job training and development, vocational education, public assistance employment, labor market information and employment services. See N.Y. Executive Law 971
• Youth: shall mean any person under twenty-one years of age. See N.Y. Executive Law 412
• Youth development program: shall mean a local program designed to accomplish the broad purposes of this article subject to the rules and regulations of the office; provided however, the term "youth development program" shall not include approved runaway programs or transitional independent living support programs as such terms are defined in section five hundred thirty-two-a of this chapter. See N.Y. Executive Law 412
• Youth in need of crisis intervention or respite services: shall mean a person under the age of eighteen years who is a potential respondent under article seven of the family court act, who, with the consent of his or her parent or other person legally responsible for the youth, is determined by the local juvenile probation department or social services official to be in need of crisis intervention or respite services. See N.Y. Executive Law 532-A