Terms Used In New York Laws > Military > Article 7 - Code of Military Justice

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Active mode: means the condition in which the input of a power supply or consumer audio and video equipment is connected to the line voltage AC and the output is connected to a DC or an AC load, fulfilling one or more of its main functions and drawing a fraction of the power supply's nameplate power output greater than zero. See N.Y. Energy Law 16-102
• administrative head or body: means the chief official or board of a county hurricane protection, flood and shoreline erosion control district. See N.Y. County Law 280-A
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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 a county hurricane protection, flood and shoreline erosion control agency. See N.Y. County Law 280-A
• Air compressor: means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver or drivers mechanical equipment to drive the compressor element, and any ancillary equipment. See N.Y. Energy Law 16-102
• ALI: means the delivery or receipt of the approximate geographic location, as specified in the FCC order, of the wireless device being used to place a 911 call. See N.Y. County Law 325
• Allegation: something that someone says happened.
• 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.
• ANI: means the delivery or receipt of the telephone number assigned to the wireless device being used to place a 911 call. See N.Y. County Law 325
• 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.
• Application: means an application for a certificate. See N.Y. Energy Law 18-101
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the New York state energy research and development authority. See N.Y. Energy Law 16-102
• Ballast: means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating the lamp. See N.Y. Energy Law 16-102
• Bequest: Property gifted by will.
• Board: means the board of supervisors of a county or an elected county legislative body or city legislative body by whatsoever name designated. See N.Y. County Law 301
• Board: shall mean the New York state 911 board. See N.Y. County Law 325
• Board: means the state board on temporary nuclear waste repository siting established by section 18-105 of this article. See N.Y. Energy Law 18-101
• Bottle-type: means a water dispenser that uses a bottle or reservoir as the source of potable water. See N.Y. Energy Law 16-102
• candidate: means an individual who seeks nomination for election, or election, to any public office or party position to be voted for at a primary, general or special or New York city community school district election or election for trustee of the Long Island Power Authority, whether or not the public office or party position has been specifically identified at such time and whether or not such individual is nominated or elected, and, for purposes of this subdivision, an individual shall be deemed to seek nomination for election, or election, to an office or position, if he has (1) taken the action necessary to qualify himself for nomination for election, or election, or (2) received contributions or made expenditures, given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to any office or position at any time whether in the year in which such contributions or expenditures are made or at any other time; and
  
  8. See N.Y. Election Law 14-100
• candidate: shall be deemed to apply to any person seeking a nomination, designation, or election to a public office or party office. See N.Y. Election Law 17-100
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Ceiling fan: means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades. See N.Y. Energy Law 16-102
• Ceiling fan light kit: means the equipment used to provide light from a ceiling fan. See N.Y. Energy Law 16-102
• Certificate: means a temporary nuclear waste repository siting certificate issued pursuant to the provisions of this article. See N.Y. Energy Law 18-101
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• clearly identified candidate: means that:
  
  (a) the name of the candidate involved appears;
  
  (b) a photograph or drawing of the candidate appears; or
  
  (c) the identity of the candidate is apparent by unambiguous reference. See N.Y. Election Law 14-100
• Commercial and industrial fans and blowers: means a rotary-bladed machine used to convert power to air power, with a brake horsepower greater than or equal to either one kilowatt or one horsepower, and an air horsepower less than or equal to one hundred fifty, and used for commercial and industrial purposes. See N.Y. Energy Law 16-102
• Commercial clothes dryer: means a clothes dryer designed to dry fabrics in a tumble-type drum with forced air circulation and is designed for use in:
  
  (a) Applications in which the occupants of more than one household will be using the clothes dryer, including multi-family housing common areas and coin laundries; or
  
  (b) Other commercial applications. See N.Y. Energy Law 16-102
• Commercial dishwasher: means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse and is not a "compact dishwasher" or "standard dishwasher" (capacity less than eight place settings plus six serving pieces as specified in ANSI/AHAM DW-1 using the test load specified in section 2. See N.Y. Energy Law 16-102
• Commercial fryer: means an appliance for non-residential use, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. See N.Y. Energy Law 16-102
• Commercial oven: means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, and/or electromagnetic energy. See N.Y. Energy Law 16-102
• Commissioner: means the commissioner of environmental conservation. See N.Y. Energy Law 18-101
• common operational control: means that (i) the same individual or individuals exercise actual and strategic control over the day-to-day affairs of both the political action committee and the independent expenditure committee, or (ii) employees of the political action committee and the independent expenditure committee engage in communications related to the strategic operations of either committee. See N.Y. Election Law 14-100
• compartment steamer: means a device for non-residential use with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. See N.Y. Energy Law 16-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compressor: means a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1. See N.Y. Energy Law 16-102
• Computer: means a device that performs logical operations and processes data. See N.Y. Energy Law 16-102
• Computer monitor: means an analog or digital device of size greater than or equal to seventeen inches and less than or equal to sixty-one inches, that has a pixel density of greater than five thousand pixels per square inch, and that is designed primarily for the display of computer-generated signals for viewing by one person in a desk-based environment. See N.Y. Energy Law 16-102
• constituted committee: means a state committee, a county committee or a duly constituted subcommittee of a county committee;
  
  4. See N.Y. Election Law 14-100
• Consumer audio and video product: means a mains-connected product that amplifies audio, offers optical, offers disc player functionality, and/or receives and plays audio and/or video content. See N.Y. Energy Law 16-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contribution: means :
  
  (1) any gift, subscription, outstanding loan (to the extent provided for in section 14-114 of this chapter), advance, or deposit of money or any thing of value, made in connection with the nomination for election, or election, of any candidate, or made to promote the success or defeat of a political party or principle, or of any ballot proposal,
  
  (2) any funds received by a political committee from another political committee to the extent such funds do not constitute a transfer,
  
  (3) any payment, by any person other than a candidate or a political committee authorized by the candidate, made in connection with the nomination for election or election of any candidate, including any payment or expenditure where coordination has occurred as defined in section 14-107 of this article, or any payment made to promote the success or defeat of a political party or principle, or of any ballot proposal including but not limited to compensation for the personal services of any individual which are rendered in connection with a candidate's election or nomination without charge; provided however, that none of the foregoing shall be deemed a contribution if it is made, taken or performed by a candidate or his spouse or by a person or a political committee independent of the candidate or his agents or authorized political committees. See N.Y. Election Law 14-100
• 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.
• Criteria: shall mean the state smart growth public infrastructure criteria provided in section 6-0107 of this article. See N.Y. Environmental Conservation Law 6-0103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decorative gas fireplace: means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane, is marked for decorative use only, and is not equipped with a thermostat or intended for use as a heater. See N.Y. Energy Law 16-102
• 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.
• Demand flexibility: means the capability to schedule, shift, or curtail the electrical demand of a load-serving entity's customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer's consent. See N.Y. Energy Law 16-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Direct dispatch: shall mean that the public safety answering point can, by encoding or toning, alert the responding agency without having to relay or reroute calls unless the call originates outside the jurisdiction. See N.Y. County Law 325
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• district: means a county hurricane proection, flood and shoreline erosion control district except where otherwise stated. See N.Y. County Law 280-A
• district: means the entire state or any part thereof, as the case may be;
  
  7. See N.Y. Election Law 14-100
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Dual-duct portable air conditioner: means a portable air conditioner that draws some or all of the condenser inlet air from outside the conditioned space through a duct attached to an adjustable window bracket, may draw additional condenser inlet air from the conditioned space, and discharges the condenser outlet air outside the conditioned space by means of a separate duct attached to an adjustable window bracket. See N.Y. Energy Law 16-102
• Dual-flush effective flush volume: means the average flush volume of two reduced flushes and one full flush. See N.Y. Energy Law 16-102
• Dual-flush water closet: means a water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water. See N.Y. Energy Law 16-102
• duly constituted subcommittee of a county committee: means , outside the city of New York, a city, town or village committee, and, within the city of New York, an assembly district committee, which consists of all county committee members from the city, town, village or assembly district, as the case may be, and only such members;
  
  5. See N.Y. Election Law 14-100
• Duv: means a metric that quantifies the distance between the chromaticity of a given light source and a blackbody radiator of equal correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic diagram demonstrating how different two light sources of the same color temperature appear. See N.Y. Energy Law 16-102
• Efficiency standard: means a standard that defines performance metrics and/or defines prescriptive design requirements associated with the regulated category of product in order to reduce energy consumption, reduce water consumption, and reduce greenhouse gas emissions associated with energy consumption and/or increase demand flexibility. See N.Y. Energy Law 16-102
• election: means all general, special and primary elections, but shall not include elections provided for pursuant to the education law, special district elections, fire district elections or library district elections. See N.Y. Election Law 14-100
• election: as used in this article shall be deemed to apply to and include all general, special and primary elections, unofficial primaries and all local elections relating to candidates, ballot proposals, proceedings for the nominations of candidates by petition, and all elections held pursuant to Article 52A of the education law. See N.Y. Election Law 17-100
• election officer: shall mean any person who, pursuant to the provisions of this chapter, performs any duty or function in the electoral process. See N.Y. Election Law 17-100
• Electric vehicle: means an on-road vehicle that draws electricity for propulsion from a traction battery with a least five kilowatt-hours (kWh) of capacity, and uses an external source of energy to recharge the battery. See N.Y. Energy Law 16-102
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Energy code: means the New York state energy conservation construction code adopted pursuant to article eleven of this chapter. See N.Y. Energy Law 16-102
• 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.
• Executor: A male person named in a will to carry out the decedent
• Expedited deployment funding: means eligible wireless 911 costs estimated to be incurred by local public safety answering points for enhanced wireless 911 service. See N.Y. County Law 325
• 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.
• Faucet: means a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory, public lavatory or kitchen faucet. See N.Y. Energy Law 16-102
• FCC order: means all orders issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rule to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. See N.Y. County Law 325
• Federally exempt fluorescent lamp: means any linear lamps excluded from the definition of general service fluorescent lamps in 10 C. See N.Y. Energy Law 16-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• foreign national: means foreign national as such term is defined by subsection (b) of section 30121 of title 52 of the United States code. See N.Y. Election Law 14-100
• Fraud: Intentional deception resulting in injury to another.
• Fuel set-aside: means the amount of liquid fossil fuel which is made available from the total supply of a prime supplier for utilization by the state energy office pursuant to this article to resolve hardships and emergencies due to energy shortages. See N.Y. Energy Law 10-103
• Fund: shall mean the statewide public safety communications account established pursuant to § 97 of the state finance law. See N.Y. County Law 325
• Gas fireplace: means a decorative gas fireplace or a heating gas fireplace. See N.Y. Energy Law 16-102
• general public audience: means an audience composed of members of the public, including a targeted subgroup of members of the public; provided, however, it does not mean an audience solely comprised of members, retirees and staff of a labor organization or members of their households or an audience solely comprised of employees of a corporation, unincorporated business entity or members of a business, trade or professional association or organization. See N.Y. Election Law 14-100
• General service incandescent lamp: means a standard incandescent or halogen type lamp that is intended for general service applications, has a medium screw base, has a lumen range of not less than three hundred ten lumens and not more than two thousand six hundred lumens, or in the case of a modified spectrum lamp, not less than two hundred thirty-two lumens and not more than one thousand nine hundred fifty lumens, and is capable of being operated at a voltage range at least partially within one hundred ten and one hundred thirty volts; provided, however, that this definition shall not apply to the following incandescent lamps:
  
  (i) Appliance lamps;
  
  (ii) Black light lamps;
  
  (iii) Bug lamps;
  
  (iv) Colored lamps;
  
  (v) G shape lamps (as defined in ANSI C78. See N.Y. Energy Law 16-102
• General service lamp: means a lamp that has an ANSI base, is able to operate at a voltage of twelve volts or twenty-four volts, at or between one hundred to one hundred thirty volts, at or between two hundred twenty to two hundred forty volts, or of two hundred seventy-seven volts for integrated lamps, or is able to operate at any voltage for non-integrated lamps, has an initial lumen output of greater than or equal to three hundred ten lumens (or two hundred thirty-two lumens for modified spectrum general service incandescent lamps) and less than or equal to three thousand three hundred lumens, is not a light fixture, is not an LED downlight retrofit kit, and is used in general lighting applications. See N.Y. Energy Law 16-102
• General village election: means the annual or biennial election for village officers. See N.Y. Election Law 15-102
• 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: means the elected legislative body of the county. See N.Y. County Law 280-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.
• Greenhouse gas: means "greenhouse gas" as defined in subdivision seven of section 75-0101 of the environmental conservation law. See N.Y. Energy Law 16-102
• Hand-held showerhead: means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose. See N.Y. Energy Law 16-102
• Heating gas fireplace: means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane and is not a decorative fireplace. See N.Y. Energy Law 16-102
• Imaging equipment: means copiers, printers, scanners, fax machines, and multifunction devices used both in homes and businesses. See N.Y. Energy Law 16-102
• 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}
• independent expenditure committee: means a political committee, that makes only independent expenditures as defined in this article, and does not coordinate with a candidate, candidate's authorized committees or an agent of the candidate as defined in paragraph (g) of subdivision one of section 14-107 of this article. See N.Y. Election Law 14-100
• independent of the candidate or his agents or authorized political committees: shall mean that the candidate or his agents or authorized political committees did not authorize, request, suggest, foster or cooperate in any such activity; and provided further, that the term contribution shall not include:
  
  (A) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee,
  
  (B) the use of real or personal property and the cost of invitations, food and beverages voluntarily provided by an individual to a candidate or political committee on the individual's residential premises for candidate-related activities to the extent such services do not exceed five hundred dollars in value, and
  
  (C) the travel expenses of any individual who on his own behalf volunteers his personal services to any candidate or political committee to the extent such expenses are unreimbursed and do not exceed five hundred dollars in value. See N.Y. Election Law 14-100
• Industrial air purifier: means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that are marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. See N.Y. Energy Law 16-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;
  
  (10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;
  
  (11) "Code" means article seven of this chapter;
  
  (12) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See N.Y. Military Law 130.1
• 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.
• Jurisdictional protocol: shall mean a written agreement entered into by two or more law enforcement agencies setting forth procedures to ensure the organized, coordinated, and prompt mobilization of personnel, equipment, services, or facilities in order to achieve the fastest response to a 911 emergency. See N.Y. County Law 325
• labor organization: means any organization of any kind which exists for the purpose, in whole or in part, of representing employees employed within the state of New York in dealing with employers or employer organizations or with a state government, or any political or civil subdivision or other agency thereof, concerning terms and conditions of employment, grievances, labor disputes, or other matters incidental to the employment relationship. See N.Y. Election Law 14-100
• Lamp: means an electrical appliance that includes a glass envelope and produces optical radiation for the purpose of visual illumination, designed to be installed into a light fixture by means of an integral lamp-holder or socket. See N.Y. Energy Law 16-102
• Landscape irrigation controller: means a device intended to remotely control valves to operate an irrigation system for landscapes, which may consist of grass, shrubs, trees and/or other vegetation. See N.Y. Energy Law 16-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Light fixture: means a product designed to provide light that includes at least one lamp-holder or socket and parts to distribute the light, to position or protect one or more lamps and to connect one or more lamps to a power supply. See N.Y. Energy Law 16-102
• Liquid fossil fuel: means heating oils, light and heavy diesel oil, motor gasoline, methanol, propane, butane, residual fuel oils, kerosene and aviation fuels. See N.Y. Energy Law 10-103
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local public safety answering point: means a site designated and operated by a local governmental entity for the purpose of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
• Metal halide lamp: means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. See N.Y. Energy Law 16-102
• Metering faucet: means a faucet that, when turned on, will gradually shut itself off over a period of several seconds. See N.Y. Energy Law 16-102
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipal centers: shall mean areas of concentrated and mixed land uses that serve as centers for various activities, including, but not limited to, central business districts, main streets, downtown areas, brownfield opportunity areas, downtown areas of local waterfront revitalization program areas, transit-oriented development, environmental justice areas, and hardship areas. See N.Y. Environmental Conservation Law 6-0103
• Municipality: means any county except a county wholly contained within a city and any city having a population of one million or more persons. See N.Y. County Law 301
• Municipality: means a county, city, town or village. See N.Y. Energy Law 18-101
• non-candidate expenditures: means expenditures made by a party committee or a constituted committee to maintain a permanent headquarters and staff and carry on ordinary party activities not promoting the candidacy of specific candidates;
  
  6. See N.Y. Election Law 14-100
• 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.
• Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
  
  (2) "Officer" means a commissioned officer including a commissioned warrant officer;
  
  (3) "Superior officer" means an officer superior in rank or command;
  
  (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
  
  (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
  
  (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
  
  (7) "Military court" means a court-martial, a court of inquiry, a provost court;
  
  (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
• Outdoor lighting: means electrical lighting used to illuminate outdoor areas, including parking lots, streetlights, highways and area luminaires. See N.Y. Energy Law 16-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• party committee: means any committee provided for in the rules of the political party in accordance with section two-one hundred of this chapter, other than a constituted committee. See N.Y. Election Law 14-100
• Person: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity. See N.Y. Energy Law 16-102
• Person: means any individual, partnership, association, corporation, public benefit corporation, municipality, political subdivision, governmental agency (including any agency of the federal government), trust, estate, or other legal entity. See N.Y. Energy Law 18-101
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plug-in luminous signs: means a self-contained, luminous sign unit that plugs into 120V AC building mains power and is intended for indoor use only. See N.Y. Energy Law 16-102
• Plumbing fixture: means an exchangeable device, which connects to a plumbing system to deliver and drain away water and waste. See N.Y. Energy Law 16-102
• political action committee: means a political committee which makes no expenditures to aid or take part in the election or defeat of a candidate, or to promote the success or defeat of a ballot proposal, other than in the form of contributions, including in-kind contributions, to candidates, candidate's authorized committees, party committees, constituted committees, or independent expenditure committees provided there is no common operational control between the political action committee and the independent expenditure committee; or in the form of communications that are not distributed to a general public audience as described in subdivision thirteen of this section. See N.Y. Election Law 14-100
• political committee: means any corporation aiding or promoting and any committee, political club or combination of one or more persons operating or co-operating to aid or to promote the success or defeat of a political party or principle, or of any ballot proposal; or to aid or take part in the election or defeat of a candidate for public office or to aid or take part in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any party position voted for at a primary election, or to aid or defeat the nomination by petition of an independent candidate for public office; but nothing in this article shall apply to any committee or organization for the discussion or advancement of political questions or principles without connection with any vote or to a national committee organized for the election of presidential or vice-presidential candidates; provided, however, that a person or corporation making a contribution or contributions to a candidate or a political committee which has filed pursuant to section 14-118 shall not, by that fact alone, be deemed to be a political committee as herein defined. See N.Y. Election Law 14-100
• Portable air conditioner: means a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. See N.Y. Energy Law 16-102
• Power supply: means a single voltage external AC to DC or AC to AC power supply included with other retail products and single voltage external AC to DC or AC to AC power supply sold separately. See N.Y. Energy Law 16-102
• President: means the president of the New York state energy research and development authority. See N.Y. Energy Law 16-102
• 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.
• Pressure regulator: means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream. See N.Y. Energy Law 16-102
• Prime supplier: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity which makes the first sale of any liquid fossil fuel into the state distribution system for consumption within the state. See N.Y. Energy Law 10-103
• 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.
• Product: means any appliance or equipment, other than a motor vehicle, which in operation consumes or is designed to consume energy or to result in the consumption of energy, including any water-related appliance, equipment or fixture that is designed to consume or result in the consumption of energy in its operation or use. See N.Y. Energy Law 16-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public lavatory faucet: means a fitting intended to be installed in nonresidential bathrooms that are exposed to walk-in traffic. See N.Y. Energy Law 16-102
• 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 officer: as used in this article shall be deemed to apply to any person who holds an elective or appointive office of the state, separate authority or any political subdivision of the state with authority to supervise other personnel within such subdivisions. See N.Y. Election Law 17-100
• Public safety agency: means a functional division of a public agency which provides or has the authority to provide police, firefighting, emergency medical or ambulance services or other emergency services or a private entity which provides emergency medical or ambulance services. See N.Y. County Law 301
• Public service answering point: means a communications facility which first receives 911 calls from persons within a 911 service area and which may, as appropriate, directly dispatch the services of a public safety agency or extend, transfer, relay or otherwise route 911 calls to the appropriate public safety agency. See N.Y. County Law 301
• Publish: means that any notice or resolution required to be published by a village shall be so printed within the time required in the law requring publication in the official newspaper of the village, or if none, one of general circulation within the village. See N.Y. Election Law 15-102
• pull-down temperature application: means a commercial refrigerator with doors that, when fully loaded with twelve ounce beverage cans at ninety degrees Fahrenheit, can cool these beverages to an average stable temperature of thirty-eight degrees Fahrenheit in twelve hours or less. See N.Y. Energy Law 16-102
• Quorum: The number of legislators that must be present to do business.
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recreational vehicle: means a van or utility vehicle used for recreational purposes. See N.Y. Energy Law 16-102
• reflector lamp: means any lamp in which light is produced by a filament heated to incandescence by an electric current, which: contains an inner reflective coating on the outer bulb to direct the light; is not colored; is not designed for rough or vibration service applications; is not an R20 short lamp; has an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw base; has a rated voltage or voltage range that lies at least partially in the range of one hundred fifteen and one hundred thirty volts; has a diameter that exceeds 2. See N.Y. Energy Law 16-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Replacement aerator: means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached. See N.Y. Energy Law 16-102
• 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).
• Residential ventilating fan: means a fan with the purpose to actively supply air to or remove air from the inside of a residence. See N.Y. Energy Law 16-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• room air cleaner: means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room. See N.Y. Energy Law 16-102
• Secretary: means the secretary of state. See N.Y. Energy Law 16-102
• self-contained condensing unit: means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories. See N.Y. Energy Law 16-102
• Service supplier: means (i) a telephone corporation which provides local exchange access service within a 911 service area, or (ii) a provider of "voice over internet protocol service" or "VOIP service" that provides such service within a 911 service area. See N.Y. County Law 301
• Service supplier: means a telephone corporation which provides local exchange access service within a 911 service area. See N.Y. County Law 325
• 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.
• shoreline: means the lands between high and low water mark, the lands contiguous or adjacent to the high water mark, beaches, dunes and bluffs. See N.Y. County Law 280-A
• Showerhead: means a device through which water is discharged for a shower bath and includes a hand-held showerhead but does not include a safety shower showerhead. See N.Y. Energy Law 16-102
• Single-duct portable air conditioner: means a portable air conditioner that draws all of the condenser inlet air from the conditioned space without the means of a duct and discharges the condenser outlet air outside the conditioned space through a single-duct attached to an adjustable window bracket. See N.Y. Energy Law 16-102
• Single-voltage external AC to DC or AC to AC power supply: means a device that:
  
  (a) is designed to convert line voltage AC input into lower voltage DC or AC output;
  
  (b) is able to convert to only one DC or AC output voltage at a time;
  
  (c) is sold with, or intended to be used with, a separate end-use product that constitutes the primary load;
  
  (d) is contained within a separate physical enclosure from the end-use product;
  
  (e) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring;
  
  (f) does not have batteries or battery packs that physically attach directly (including those that are removable) to the power supply unit;
  
  (g) does not have a battery chemistry or type selector switch and an indicator light; or does not have a battery chemistry or type selector switch and a state of charge meter;
  
  (h) has a nameplate output power less than or equal to two hundred fifty watts. See N.Y. Energy Law 16-102
• Small network equipment: means a device whose primary function is to pass internet protocol (IP) traffic among various network interfaces or ports intended for use in residential and small business settings. See N.Y. Energy Law 16-102
• Special village election: means any election of village officers, other than, the general village election. See N.Y. Election Law 15-102
• Spray sprinkler body: means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice. See N.Y. Energy Law 16-102
• Standby-passive mode: means the condition in which a power supply or consumer audio and video product is connected to a power source, and does not fulfill its main function, and can be switched to active mode with the remote control unit or an internal signal. See N.Y. Energy Law 16-102
• State infrastructure agency: shall mean the department, the department of transportation, the department of education, the department of health, the department of state, the New York state environmental facilities corporation, the New York state housing finance agency, the housing trust fund corporation, the dormitory authority, the thruway authority, the port authority of New York and New Jersey, the empire state development corporation, the New York state urban development corporation and all other New York authorities. See N.Y. Environmental Conservation Law 6-0103
• State public safety answering point: means a site designated and operated by the division of state police for the purposes of receiving emergency calls from customers of a wireless telephone service supplier. See N.Y. County Law 325
• state-regulated BCS: means a battery charger coupled with its batteries or battery chargers coupled with their batteries, which together are referred to as state-regulated battery charger systems. See N.Y. Energy Law 16-102
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• System costs: means the costs associated with obtaining and maintaining the telecommunication equipment, all operations and maintenance costs and the telephone services costs necessary to establish and provide an E911 system. See N.Y. County Law 301
• Telephone: means an electronic product whose primary purpose is to transmit and receive sound over a distance using a voice or data network. See N.Y. Energy Law 16-102
• Temporary nuclear waste repository: means any facility where spent fuel rods from nuclear reactors are received on or after the effective date of this article and are stored pending further or final disposal, except a facility located in the immediate vicinity of a nuclear power generating facility or an operating nuclear reactor which is used to store, on an interim or temporary basis, spent nuclear fuel from nuclear power generating facilities or operating nuclear reactors located in this state. See N.Y. Energy Law 18-101
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Torchiere lighting fixture: means a portable electric lighting fixture with a reflective bowl that is designed to direct light upward onto a ceiling so as to produce indirect illumination on the surfaces below. See N.Y. Energy Law 16-102
• 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.
• transfer: means any exchange of funds or any thing of value between political committees authorized by the same candidate and taking part solely in his campaign, or any exchange of funds between a party or constituted committee and a candidate or any of his authorized political committees. See N.Y. Election Law 14-100
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trough-type urinal: means a urinal designed for simultaneous use by two or more persons. See N.Y. Energy Law 16-102
• Trustee: A person or institution holding and administering property in trust.
• Tub spout diverters: means the following definitions:
  
  (a) A bath and shower diverter whose diverter mechanism is located in the tub spout; and/or
  
  (b) Bath and shower diverter means a device used to direct the flow of water either toward a tub spout or toward a secondary outlet intended for showering purposes, including a showerhead or body spray. See N.Y. Energy Law 16-102
• Uniform code: means the New York state uniform fire prevention and building code adopted pursuant to Article 18 of the executive law. See N.Y. Energy Law 16-102
• 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}
• Uninterruptable power supply: means a battery charger consisting of a combination of convertors, switches and energy storage devices (such as batteries), constituting a power system for maintaining continuity of load power in case of input power failure. See N.Y. Energy Law 16-102
• Unit heater: means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space, except that such term does not include any products covered by federal standards established pursuant to 42 U. See N.Y. Energy Law 16-102
• Urinal: means a plumbing fixture that receives only liquid body waste and, conveys the waste through a trap into a drainage system. See N.Y. Energy Law 16-102
• Vehicular traffic signal module: means an electrically operated standard 8-inch (200mm) or 12-inch (300mm) round traffic control device composed of one or more indications which is erected for the exclusive purpose of directing vehicular traffic at signalized locations. See N.Y. Energy Law 16-102
• Venue: The geographical location in which a case is tried.
• Village election: means and includes both general and special village elections for officers. See N.Y. Election Law 15-102
• Village primary: means any election held by a political party for the purpose of nominating candidates for elective village offices. See N.Y. Election Law 15-102
• Water closet: means a plumbing fixture having a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system. See N.Y. Energy Law 16-102
• Water cooler: means a freestanding device that consumes energy to cool and/or heat potable water. See N.Y. Energy Law 16-102
• Wireless communications service: means all commercial mobile services, as that term is defined in Section 332(d) of Title 47, United States Code, as amended from time to time, including, but not limited to, all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent-wide area specialized mobile radio licensees, which offer real time, two-way voice or data service that is interconnected with the public switched telephone network or otherwise provides access to emergency communications services. See N.Y. County Law 301