Terms Used In New York Laws > Executive > Article 20 - Protection of People With Special Needs

• 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.
• 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.
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• authority: shall mean the corporation created by section eleven hundred forty-seven-c of this title. See N.Y. Public Authorities Law 1147-A
• Bequest: Property gifted by will.
• 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
• Civil service commission: shall mean the civil service commission of the county of Allegany. See N.Y. Public Authorities Law 1147-A
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comptroller: shall mean the comptroller of the state of New York. See N.Y. Public Authorities Law 1147-A
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• County: shall mean , unless otherwise specifically stated, the county of Allegany. See N.Y. Public Authorities Law 1147-A
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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}
• 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 justice center for the protection of people with special needs. See N.Y. Executive Law 550
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• 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,
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Minority leader: See Floor Leaders
• 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
• Oath: A promise to tell the truth.
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal property: All property that is not real property.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: shall mean lands, 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
• 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).
• State: shall mean the state of New York. See N.Y. Public Authorities Law 1147-A
• 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 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
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• 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.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• 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