FrankGoortani/open-us-law huggingface dataset:
N.Y. COR Law § 753 — New York Code / Act COR / Article 23-A / Section 753
Factors to be considered concerning a previous criminal conviction; presumption
Status: in_force

§ 753. Factors to be considered concerning a previous criminal\nconviction; presumption. 1. In making a determination pursuant to\nsection seven hundred fifty-two of this chapter, the public agency or\nprivate employer shall consider the following factors:\n  (a) The public policy of this state, as expressed in this act, to\nencourage the licensure and employment of persons previously convicted\nof one or more criminal offenses.\n  (b) The specific duties and responsibilities necessarily related to\nthe license or employment sought or held by the person.\n  (c) The bearing, if any, the criminal offense or offenses for which\nthe person was previously convicted will have on his fitness or ability\nto perform one or more such duties or responsibilities.\n  (d) The time which has elapsed since the occurrence of the criminal\noffense or offenses.\n  (e) The age of the person at the time of occurrence of the criminal\noffense or offenses.\n  (f) The seriousness of the offense or offenses.\n  (g) Any information produced by the person, or produced on his behalf,\nin regard to his rehabilitation and good conduct.\n  (h) The legitimate interest of the public agency or private employer\nin protecting property, and the safety and welfare of specific\nindividuals or the general public.\n  2. In making a determination pursuant to section seven hundred\nfifty-two of this chapter, the public agency or private employer shall\nalso give consideration to a certificate of relief from disabilities or\na certificate of good conduct issued to the applicant, which certificate\nshall create a presumption of rehabilitation in regard to the offense or\noffenses specified therein.\n
N.Y. DOM Law § 80 — New York Code / Act DOM / Article 6 / Section 80
Guardians in socage
Status: in_force

§ 80. Guardians in socage. Where a minor for whom a general guardian\nof the property has not been appointed shall acquire real property, the\nguardianship of his property with the rights, powers and duties of a\nguardian in socage belongs: (1) to the parents jointly, or, if they be\nseparated, or divorced, to the parent who has been given the custody of\nthe minor by a decree of court, or in the absence of such a decree, to\nthe parent having the actual custody of the minor; (2) if one of the\nparents be dead, to the sole surviving parent; (3) if there be no father\nor mother, to the nearest and eldest relative of full age, not under any\nlegal incapacity.\n  The rights and authority of every such guardian shall be superseded by\na testamentary or other guardian appointed in pursuance of this article\nor in pursuance of article ten of the surrogates court act.\n
N.Y. UCT Law § 1302 — New York Code / Act UCT / Article 13 / Section 1302
Adjournment of trial
Status: in_force

§ 1302. Adjournment of trial.\n  The trial of an action may be adjourned:\n  (a) By the court for good cause shown and upon such terms and\nconditions as the court may deem just.\n  (b) By stipulation of the parties with the approval of the court, such\nstipulation to be filed with the clerk; or upon request of the plaintiff\nwhere the defendant has made default; or, if the court approve, upon\nconsent of the parties in open court.\n
N.Y. ISC Law § 7406 — New York Code / Act ISC / Article 74 / Section 7406
Grounds for conservation of assets of foreign or alien insurer
Status: in_force

§ 7406. Grounds for conservation of assets of foreign or alien\ninsurer. (a) The superintendent may apply under this article for an\norder directing the superintendent to conserve the assets within the\nstate of a foreign insurer upon:\n  (1) any of the grounds specified in subsection (a) through (g), (j),\n(k) or (o) of section seven thousand four hundred two of this article,\nor\n  (2) upon the ground that such insurer has consented to such an order\nthrough a majority of its directors, shareholders or members, or has had\nits property sequestrated in its domiciliary country or state or in any\nother country or state.\n  (b) The superintendent may apply under this article for an order\ndirecting him to conserve the assets within this state of an alien\ninsurer, except one which has its trusteed assets in this state, on any\nof the grounds specified in subsection (a), (b), (d) through (g), (j) or\n(k) of section seven thousand four hundred two of this article, or upon\nthe ground that it has failed or refused to comply, within the time\ndesignated by the superintendent, with an order of the superintendent,\npursuant to law, to rectify an impairment of its trusteed surplus, or\nthat it has consented to such an order through a majority of its\ndirectors, shareholders or members, or has had its property sequestrated\nin its domiciliary country or elsewhere.\n
N.Y. ISC Law § 7009 — New York Code / Act ISC / Article 70 / Section 7009
Investments
Status: in_force

§ 7009.  Investments.  (a) No captive insurance company shall be\nsubject to any restrictions on allowable investments, except as set\nforth in subsections (b) and (c) of this section.\n  (b) A group captive insurance company shall not make loans to the\nindustrial insureds that comprise its industrial insured group.  A pure\ncaptive insurance company may make loans to its parent company or\naffiliates with the prior approval of the superintendent.  Such loan\nmust be evidenced by a note in a form approved by the superintendent.\nLoans of minimum capital and surplus funds required by section seven\nthousand four of this article are prohibited.\n  (c) The superintendent may prohibit or limit any investment that\nthreatens the solvency or liquidity of any captive insurance company.\n
N.Y. TAX Law § 1170 — New York Code / Act TAX / Article 28-B / Section 1170
Short title
Status: in_force

§ 1170. Short title. This article shall be known and may be cited as\nthe "simplified sales and use tax administration act".\n
N.Y. PAR Law § 39.13 — New York Code / Act PAR / Title G / Article 39 / Section 39.13
Cooperation with municipalities, state agencies and public corporations
Status: in_force

§ 39.13 Cooperation with municipalities, state agencies and public\ncorporations. 1. The commission is a cooperative regional organization\nestablished to implement a greenway based upon the mutual assent and\nparticipation of each municipality, state agency and public corporation\nholding lands under its jurisdiction adjacent to the Niagara river. The\nactivities of the commission shall be coordinated with the local\nplanning and cultural and park activities of each municipality adjacent\nto the Niagara river.\n  2. Each municipality, state agency or public corporation may provide\nthe commission with the services of its agents, employees and facilities\nwithout charge to the commission. Persons serving as officers or\nemployees of the commission may be employees of a municipality and the\ncommission, and the commission may pay the municipality an agreed\nportion of the compensation or costs of such officers or employees.\n  3. Nothing contained in this article shall be deemed to affect, impair\nor supersede the provisions of any city charter, local law, rule or\nother local requirements and procedures heretofore or hereafter adopted,\nincluding, but not limited to, any such provisions relating to the\nzoning and use of land.\n
N.Y. CVS Law § 59 — New York Code / Act CVS / Article 4 / Title A / Section 59
Placement of county sheriffs' personnel in classified service
Status: in_force

§ 59. Placement of county sheriffs' personnel in classified service.\n1. The legislature hereby finds that the continued, uninterrupted,\nadequate and efficient operation of the sheriff's department in counties\nin New York state outside the city of New York is necessary for the\ngeneral welfare of the people of such counties; that such adequate\noperation involves and requires personnel with highly specialized\nability, skill, training and knowledge, integrated and unified by\npractical experience; that the January first, nineteen hundred ninety\namendment to subdivision (a) of section thirteen of article thirteen of\nthe New York state constitution brings appointees of a county sheriff\ninto the classified service of the civil service; that to require\ncompetitive examination for valid appointment of appointees of the\ncounty sheriff within the classified service would irreparably\ndisorganize county sheriffs' departments and endanger the public safety,\ninterrupt the continuance and performance of the important services\nperformed by such sheriff's departments, and place an undue financial\nburden on their respective counties.\n  2. Notwithstanding the provisions of this chapter or any provisions to\nthe contrary contained in any general, special, or local laws, all\nlawful appointees of a county sheriff employed as of the effective date\nof this section whose employments hereinbefore were considered not to be\nsubject to the civil service law, shall continue to hold their positions\nwithout further examination or qualification and shall have all the\nrights and privileges of the jurisdictional classification to which such\npositions may be allocated in the classified service of the county in\nwhich they are employed.\n
N.Y. LAB Law § 860-I — New York Code / Act LAB / Article 25-A / Section 860-I
Other rights
Status: in_force

§ 860-i. Other rights. The rights and remedies provided to employees\nby this article are in addition to, and not in lieu of, any other\ncontractual or statutory rights and remedies of the employees, and are\nnot intended to alter or affect such rights and remedies, except that\nthe period of notification required by this article shall run\nconcurrently with any period of notification required by contract or by\nany other statute.\n
N.Y. CVS Law § 8 — New York Code / Act CVS / Article 2 / Title A / Section 8
Offices of department; rooms and accommodations
Status: in_force

§ 8. Offices of department; rooms and accommodations. The principal\noffice of the department shall be in the city of Albany. It shall be the\nduty of the officers of the state of New York or of any civil division\nthereof, at any place where examinations are directed to be held, to\nheat, light and allow the reasonable use of public buildings in all\nproper ways to facilitate the holding of such examinations.\n
N.Y. PBH Law § 4656 — New York Code / Act PBH / Article 46-A / Section 4656
Certificate of authority; authority of operator
Status: in_force

* § 4656. Certificate of authority; authority of operator. 1. A\ncertificate of authority shall authorize an operator:\n  a. to operate a fee-for-service continuing care retirement community\nand to enter into contracts pertaining to such community;\n  b. to prepare and make public information that details the terms of\nany contract relating to a community;\n  c. to advertise the community and the related services that will be\nprovided pursuant to this article; and\n  d. to offer and execute contracts, including the collection of\nentrance fees and deposits pursuant to sections forty-six hundred\nfifty-nine, forty-six hundred seventy-four and forty-six hundred\nseventy-five of this article.\n  2. a. The commissioner, in consultation with the council, may\nauthorize an operator of a community with an on-site or affiliated\nresidential health care facility to provide, for a limited period,\nresidential health care facility services to persons, who are not\nresidents of the community, provided, however, that the operator shall\nnot discriminate in the admission, retention or care of any such person\nbecause such person is or will be eligible for, or receives or will\nreceive, medical assistance benefits pursuant to title eleven of article\nfive of the social services law.\n  b. The commissioner, in consultation with the council, may authorize\nan operator of a community with an on-site or affiliated adult care\nfacility to provide, for a limited period, adult care facility services\nto persons, who are not residents of the community, provided, however,\nthat the operator shall not discriminate in the admission, retention or\ncare of any such person because such person is or will be eligible for,\nor receives or will receive, medical assistance benefits pursuant to\ntitle eleven of article five of the social services law or supplemental\nsecurity income benefits pursuant to title sixteen of the federal social\nsecurity act and any additional state payments made under title six of\narticle five of the social services law.\n  * NB There are 2 § 4656's\n
N.Y. WKC Law § 167 — New York Code / Act WKC / Article 8-A / Section 167
Claims of volunteers
Status: in_force

§ 167. Claims of volunteers. For persons who participated in World\nTrade Center rescue, recovery and clean-up operations as volunteers, the\nuninsured employers' fund shall be deemed to be the employer for the\npurposes of administering and paying claims pursuant to this article.\nBenefits under this chapter shall be payable to such volunteers in the\nfirst instance and to the extent that funds are available out of funds\nappropriated to the United States Department of Labor under Public Law\n109-148 to reimburse the uninsured employer's fund for the payment of\nsuch benefits and thereafter from the uninsured employers' fund. The\nuninsured employers' fund may pay for volunteers' medical treatment\nnotwithstanding such medical expenses having been denied by the World\nTrade Center Health Organization.\n
N.Y. GBS Law § 1424 — New York Code / Act GBS / Article 44-B / Section 1424
Duties and obligations
Status: in_force

* § 1424. Duties and obligations. The duties and obligations imposed\nby this article are cumulative with any other duties or obligations\nimposed under other law and shall not be construed to relieve any party\nfrom any other duties or obligations imposed under other law and do not\nlimit any rights or remedies under existing law.\n  * NB Effective January 1, 2027\n
N.Y. SCC Law § 72 — New York Code / Act SCC / Article 6 / Section 72
Sinking fund
Status: in_force

§ 72. Sinking fund. Unless under special laws governing the city at\nthe time this chapter takes effect provision is made for the creation or\nmaintenance of a sinking fund or funds for any purpose, thirty per\ncentum of all moneys or revenues received by any city which has term\nbonds outstanding and unpaid, or by any officer, board or department\nthereof, from any source other than taxes or loans shall, upon receipt\nof the same, be forthwith deposited in a separate account or accounts in\none or more of the designated fiscal depositories of the city to the\ncredit of the bonded indebtedness of the city, and said deposit shall be\nknown as the sinking fund. The sinking fund shall be used exclusively\nfor the payment, as it matures, of the principal of the indebtedness of\nthe city evidenced by term bonds other than bonds issued for\nimprovements financed by assessments for benefit or bonds issued prior\nto the effective date of the local finance law, in anticipation of the\ncollection of revenues. If, under the special laws governing the city at\nthe time this chapter takes effect, provision is made for the creation\nor maintenance of a sinking fund or funds for any purpose, such sinking\nfund or funds shall continue and be maintained as provided in such laws.\n
N.Y. ACA Law § 15.15 — New York Code / Act ACA / Title C / Article 15 / Section 15.15
Remedies and enforcement
Status: in_force

§ 15.15. Remedies and enforcement. 1. An art merchant, including a\nmerchant consignee, who offers or sells a multiple in, into or from this\nstate without providing the information required by this article for the\nappropriate time period, or who provides required information which is\nmistaken, erroneous or untrue, except for harmless errors such as\ntypographical errors, shall be liable to the purchaser to whom the\nmultiple was sold. The merchant's liability shall consist of the\nconsideration paid by the purchaser with interest from the time of\npayment at the rate prescribed by section five thousand four of the\ncivil practice law and rules or any successor provisions thereto, upon\nthe return of the multiple in substantially the same condition in which\nreceived by the purchaser. This remedy shall not bar or be deemed\ninconsistent with a claim for damages or with the exercise of additional\nremedies otherwise available to the purchaser.\n  2. In any proceeding in which an art merchant relies upon a disclaimer\nof knowledge as to any relevant information required by this article for\nthe appropriate time period, such disclaimer shall be effective only if\nit complies with the provisions of section 13.05 of this title, unless\nthe claimant is able to establish that the merchant failed to make\nreasonable inquiries, according to the custom and usage of the trade, to\nascertain the relevant information or that such relevant information\nwould have been ascertained as a result of such reasonable inquiries.\n  3. (a) The purchaser of such a multiple may recover from the art\nmerchant an amount equal to three times the amount recoverable under\nsubdivision one of this section if an art merchant offers, consigns or\nsells a multiple and:\n  (i) willfully fails to provide the information required by this\narticle for the appropriate time period;\n  (ii) knowingly provides false information; or\n  (iii) the purchaser can establish that the merchant willfully and\nfalsely disclaimed knowledge as to any required information.\n  (b) Pursuant to subparagraphs (i) and (iii) of paragraph (a) of this\nsubdivision, a merchant may introduce evidence of the relevant usage and\ncustom of the trade in any proceeding in which such treble damages are\nsought. This subdivision shall not be deemed to negate the applicability\nof article thirteen of this chapter as to authenticity and article\nthirteen is applicable, as to authenticity, to the multiples covered by\nthe provisions of this article.\n  4. In any action to enforce any provision of this article, the court\nmay allow the prevailing purchaser the costs of the action together with\nreasonable attorneys' and expert witnesses' fees. In the event, however,\nthe court determines that an action to enforce was brought in bad faith\nit may allow such expenses to the art merchant as it deems appropriate.\n  5. An action to enforce any liability under this article shall be\nbrought within the period prescribed for such actions by article two of\nthe uniform commercial code.\n
N.Y. LIE Law § 99 — New York Code / Act LIE / Article 4 / Section 99
Payment of uncontested claims
Status: in_force

§ 99. Payment of uncontested claims. Any uncontested claims, entitled\nto priority of payment over the claims which are contested, shall, on\nmotion of the parties interested, be paid with costs, in the order of\ntheir respective priorities, without awaiting the determination of such\ncontest. If at any time it is made to appear that after the payment of\nall prior uncontested claims and their respective costs, and after\ndeducting an amount sufficient to pay all prior contested claims and\ncosts, that there remains a surplus of proceeds applicable to the\npayment of any subsequent uncontested claims, such claims may on notice\nto all the parties interested be paid out of the surplus with costs,\nwithout awaiting the determination of such contest.\n
N.Y. RPP Law § 474 — New York Code / Act RPP / Article 15 / Section 474
Liability for violation
Status: in_force

§ 474. Liability for violation. Any person who records or enters into\nan agreement imposing a private transfer fee obligation in their favor\nor in the favor of a third party after the effective date of this\nsection shall be liable for (1) any and all damages resulting from the\nimposition of the transfer fee obligation on the transfer of an interest\nin the real property, including, without limitation, the amount of any\ntransfer fee paid by a party to the transfer, and (2) all attorneys'\nfees, expenses and costs incurred by a party to the transfer or\nmortgagee of the real property to recover any transfer fee paid or in\nconnection with an action to quiet title. Where an agent acts on behalf\nof a principal to record or secure a private transfer fee obligation,\nliability shall be assessed to the principal, rather than the agent.\n
N.Y. CPL Law § 170.20 — New York Code / Act CPL / Part 2 / Title H / Article 170 / Section 170.20
Divestiture of jurisdiction by indictment; removal of case to superior court at district attorney's instance
Status: in_force

§ 170.20 Divestiture of jurisdiction by indictment; removal of case to\n        superior court at district attorney's instance.\n  1.  If at any time before entry of a plea of guilty to or commencement\nof a trial of a local criminal court accusatory instrument containing a\ncharge of misdemeanor, an indictment charging the defendant with such\nmisdemeanor is filed in a superior court, the local criminal court is\nthereby divested of jurisdiction of such misdemeanor charge and all\nproceedings therein with respect thereto are terminated.\n  2.  At any time before entry of a plea of guilty to or commencement of\na trial of an accusatory instrument specified in subdivision one, the\ndistrict attorney may apply for an adjournment of the proceedings in the\nlocal criminal court upon the ground that he intends to present the\nmisdemeanor charge in question to a grand jury with a view to\nprosecuting it by indictment in a superior court.  In such case, the\nlocal criminal court must adjourn the proceedings to a date which\naffords the district attorney reasonable opportunity to pursue such\naction, and may subsequently grant such further adjournments for that\npurpose as are reasonable under the circumstances.  Following the\ngranting of such adjournment or adjournments, the proceedings must be as\nfollows:\n  (a)  If such charge is presented to a grand jury within the designated\nperiod and either an indictment or a dismissal of such charge results,\nthe local criminal court is thereby divested of jurisdiction of such\ncharge, and all proceedings in the local criminal court with respect\nthereto are terminated.\n  (b)  If the misdemeanor charge is not presented to a grand jury within\nthe designated period, the proceedings in the local criminal court must\ncontinue.\n
N.Y. EPT Law § 5-1.2 — New York Code / Act EPT / Article 5 / Part 1 / Section 5-1.2
Disqualification as surviving spouse
Status: in_force

§ 5-1.2 Disqualification as surviving spouse\n  (a) A husband or wife is a surviving spouse within the meaning, and\nfor the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,\nunless it is established satisfactorily to the court having jurisdiction\nof the action or proceeding that:\n  (1) A final decree or judgment of divorce, of annulment or declaring\nthe nullity of a marriage or dissolving such marriage on the ground of\nabsence, recognized as valid under the law of this state, was in effect\nwhen the deceased spouse died.\n  (2) The marriage was void as incestuous under section five of the\ndomestic relations law, bigamous under section six thereof, or a\nprohibited remarriage under section eight thereof.\n  (3) The spouse had procured outside of this state a final decree or\njudgment of divorce from the deceased spouse, of annulment or declaring\nthe nullity of the marriage with the deceased spouse or dissolving such\nmarriage on the ground of absence, not recognized as valid under the law\nof this state.\n  (4) A final decree or judgment of separation, recognized as valid\nunder the law of this state, was rendered against the spouse, and such\ndecree or judgment was in effect when the deceased spouse died.\n  (5) The spouse abandoned the deceased spouse, and such abandonment\ncontinued until the time of death.\n  (6) A spouse who, having the duty to support the other spouse, failed\nor refused to provide for such spouse though he or she had the means or\nability to do so, unless such marital duty was resumed and continued\nuntil the death of the spouse having the need of support.\n