FrankGoortani/open-us-law huggingface dataset:
N.Y. DOM Law § 13-B — New York Code / Act DOM / Article 3 / Section 13-B
Time within which marriage may be solemnized
Status: in_force

§ 13-b. Time within which marriage may be solemnized. A marriage shall\nnot be solemnized within twenty-four hours after the issuance of the\nmarriage license, unless authorized by an order of a court of record as\nhereinafter provided, nor shall it be solemnized after sixty days from\nthe date of the issuance of the marriage license unless authorized\npursuant to section ten of the veterans' services law.  Every license to\nmarry hereafter issued by a town or city clerk, in addition to other\nrequirements specified by this chapter, must contain a statement of the\nday and the hour the license is issued and the period during which the\nmarriage may be solemnized. It shall be the duty of the clergyman,\nmagistrate, or one-day marriage officiant, as designated by a town or\ncity clerk pursuant to section eleven-d of this article, performing the\nmarriage ceremony, or if the marriage is solemnized by written contract,\nof the judge before whom the contract is acknowledged, to annex to or\nendorse upon the marriage license the date and hour the marriage is\nsolemnized. A judge or justice of the supreme court of this state or the\ncounty judge of the county in which either party to be married resides,\nor the judge of the family court of such county, if it shall appear from\nan examination of the license and any other proofs submitted by the\nparties that one of the parties is in danger of imminent death, or by\nreason of other emergency public interest will be promoted thereby, or\nthat such delay will work irreparable injury or great hardship upon the\ncontracting parties, or one of them, may, make an order authorizing the\nimmediate solemnization of the marriage and upon filing such order with\nthe clergyman, magistrate, or one-day marriage officiant performing the\nmarriage ceremony, or if the marriage is to be solemnized by written\ncontract, with the judge before whom the contract is acknowledged, such\nclergyman, magistrate or such one-day marriage officiant may solemnize\nsuch marriage, or such judge may take such acknowledgment as the case\nmay be, without waiting for such three day period and twenty-four hour\nperiod to elapse. The clergyman, magistrate, judge, or such one-day\nmarriage officiant, as designated by a town or city clerk pursuant to\nsection eleven-d of this article, must file such order with the town or\ncity clerk who issued the license within five days after the marriage is\nsolemnized. Such town or city clerk must record and index the order in\nthe book required to be kept by him or her for recording affidavits,\nstatements, consents and licenses, and when so recorded the order shall\nbecome a public record and available in any prosecution under this\nsection. A person who shall solemnize a marriage in violation of this\nsection shall be guilty of a misdemeanor and upon conviction thereof\nshall be punished by a fine of fifty dollars for each offense, and in\naddition thereto, his or her right to solemnize a marriage shall be\nsuspended for ninety days.\n
N.Y. COR Law § 263 — New York Code / Act COR / Article 11 / Section 263
Oath of witnesses
Status: in_force

§ 263. Oath of witnesses. The governor or a person designated by him\nto conduct a hearing in a matter pertaining to an application for\nclemency, shall have power to administer an oath to a person brought\nbefore him.\n
N.Y. ABP Law § 1308 — New York Code / Act ABP / Article 13 / Section 1308
Unclaimed wages
Status: in_force

§ 1308. Unclaimed wages.  1. Any money received from or for the\naccount of an employer and held or owing by the department of labor for\nthe payment of compensation for services theretofore performed by\nemployees or former employees of such employer, which shall have\nremained unclaimed by such employee for a period of one year after\nreceipt thereof by such department, shall be deemed abandoned property.\n  2. On or before the first day of May in each year the industrial\ncommissioner shall pay over to the state comptroller for credit to the\nabandoned property fund all such property which shall have become\nabandoned prior to the first day of the preceding month.\n  3. Such payment to the comptroller shall be accompanied by a statement\nsetting forth:\n  (a) The name and last known address of each employee entitled to such\nabandoned property and the amount to which such employee is entitled.\n  (b) The name of the employer and his or its last known address.\n  (c) The period of employment during which such salary or wages\naccrued.\n  (d) Such other identifying information as the state comptroller may\nrequire.\n
N.Y. AGM Law § 50-H — New York Code / Act AGM / Article 4 / Section 50-H
Entry, inspection and investigation
Status: in_force

§ 50-h. Entry, inspection and investigation. Any person designated for\nthe purpose shall have access to and may enter at all reasonable hours\nall places where melloream is being manufactured, packaged or stored for\nsale or distribution in the state of New York, where melloream is\notherwise being handled or sold in the state of New York, or where the\nbooks, papers, records or documents relating to such transactions are\nkept, and shall have power to inspect and copy the same, and may\nadminister oaths and take testimony for the purpose of ascertaining\nfacts which in the judgment of the commissioner are necessary to\nadminister this article. The commissioner may inspect a plant beyond the\nboundary of the state, and when he does, the applicant or licensee\nshall, prior to such inspection, agree to pay, in addition to the\nlicense fee provided pursuant to subdivision two of section fifty-g of\nthis article, fees for the inspection of the plant by the commissioner\nor his representatives. Such fees shall be twenty-five dollars for each\nday consisting of seven hours or part thereof during which an employee\nof the commissioner spends traveling to and from and inspecting the\nplant. In addition the applicant or licensee shall agree to pay all\nnecessary expenses including but not limited to expenses for traveling,\nlodging and meals. The commissioner may, if satisfied with the adequacy\nof inspection by some other regulatory agency, and if satisfied that\nthere is substantial compliance with the regulations of the\ncommissioner, forego actual inspection of such out-of-state plant or\nplants.\n
N.Y. PBS Law § 12 — New York Code / Act PBS / Article 1 / Section 12
Counsel to the commission; duties
Status: in_force

§ 12. Counsel to the commission; duties. It shall be the duty of\ncounsel to the commission, subject to the direction of the chairman, to\nrepresent and appear for the people of the state and the commission in\nall actions and proceedings involving any question under this chapter,\nor within the jurisdiction of the commission, and, if directed to do so\nto intervene, if possible, in any action or proceeding in which any such\nquestion is involved; to commence and prosecute all actions and\nproceedings directed or authorized, and to expedite in every way\npossible final determination of all such actions and proceedings; and\ngenerally to perform all duties and services delegated to or required of\nhim.\n
N.Y. PTR Law § 115 — New York Code / Act PTR / Article 8 / Section 115
Parties to actions
Status: in_force

§ 115. Parties to actions.  A contributor, unless he is a general\npartner, is not a proper party to proceedings by or against a\npartnership, except where the object is to enforce a limited partner's\nright against or liability to the partnership, and except in cases\nprovided for in section one hundred fifteen-a of this article.\n
N.Y. CNT Law § 307 — New York Code / Act CNT / Article 6 / Section 307
System revenues; adjustment of surcharge
Status: in_force

§ 307. System revenues; adjustment of surcharge. All surcharge monies\nremitted to the municipality by a service supplier and all other monies\ndedicated to the payment of system costs from whatever source derived or\nreceived by the municipality shall be expended only upon authorization\nof the board and only for payment of system costs as permitted by this\narticle. The municipality shall separately account for and keep adequate\nbooks and records of the amount and source of all such revenues and of\nthe amount and object or purpose of all expenditures thereof. If at the\nend of any fiscal year the total amount of all such revenues exceeds the\namount necessary for payment of system costs in such fiscal year, such\nexcess shall be reserved and carried over for the payment of system\ncosts in the following fiscal year. However, if at the end of any fiscal\nyear such E911 reserved fund balance exceeds an amount equal to five\npercent of that necessary for the payment of system costs in such fiscal\nyear, the board shall by local law reduce the surcharge for the\nfollowing fiscal year to a level which more adequately reflects the\nsystem cost requirements of its E911 system. The board may also by local\nlaw reestablish or increase such surcharge, subject to the provisions of\nsection three hundred three of this article, if the revenues generated\nby such surcharge and by any other source are not adequate to pay for\nsystem costs.\n
N.Y. GBS Law § 373 — New York Code / Act GBS / Article 24-C / Section 373
Applicability
Status: in_force

§ 373. Applicability. (a) The provisions of this article shall not\napply to tax preparers operating within any city having a population of\none million or more.\n  (b) Except as provided in subdivision (c) of this section, this\narticle shall supersede and preempt all rules, regulations, codes,\nstatutes or ordinances of all cities, counties, municipalities, and\nlocal agencies regarding disclosures required to be made by tax\npreparers.\n  (c) The provisions of this section shall not be construed to limit in\nany way the authority of a city with a population of one million or more\nto enact, implement and continue to enforce local laws and regulations\ngoverning tax preparers that were in effect prior to the effective date\nof this article, or to enact, implement and enforce any amendments\nthereto after the effective date of this article.\n
N.Y. UDC Law § 302 — New York Code / Act UDC / Article 3 / Section 302
Mechanic's lien; venue
Status: in_force

§ 302. Mechanic's lien; venue.\n  An action to establish a mechanic's lien on real property shall be\nbrought in the district in which such property or a part thereof is\nsituated.\n
N.Y. UCC Law § 3-112 — New York Code / Act UCC / Article 3 / Part 1 / Section 3-112
Terms and Omissions Not Affecting Negotiability
Status: in_force

Section 3--112. Terms and Omissions Not Affecting Negotiability.\n  (1) The negotiability of an instrument is not affected by\n       (a) the omission of a statement of any consideration or of the\n           place where the instrument is drawn or payable; or\n       (b) a statement that collateral has been given to secure\n           obligations either on the instrument or otherwise of an\n           obligor on the instrument or that in the case of default on\n           those obligations the holder may realize on or dispose of the\n           collateral; or\n       (c) a promise or power to maintain or protect collateral or to\n           give additional collateral; or\n       (d) a term authorizing a confession of judgment on the instrument\n           if it is not paid when due; or\n       (e) a term purporting to waive the benefit of any law intended\n           for the advantage or protection of any obligor; or\n       (f) a term in a draft providing that the payee by indorsing or\n           cashing it acknowledges full satisfaction of an obligation of\n           the drawer; or\n       (g) a statement in a draft drawn in a set of parts (Section\n           3--801) to the effect that the order is effective only if no\n           other part has been honored; or\n       (h) a term that specifies the law that governs the promise or\n           order; or\n       (i) an undertaking to resolve in a specified forum a dispute\n           concerning the promise or order.\n  (2) Nothing in this section shall validate any term which is otherwise\nillegal.\n
N.Y. ENV Law § 35-0107 — New York Code / Act ENV / Article 35 / Section 35-0107
Powers and duties of commissioner
Status: in_force

§ 35-0107. Powers and duties of commissioner.\n  1. The commissioner is hereby authorized to promulgate regulations\nrequiring manufacturers of household cleansing products distributed,\nsold or offered for sale in this state, to furnish to the commissioner\nfor the public record as herein provided information regarding such\nproducts in a form prescribed by the commissioner including the nature\nand extent of investigations and research performed by the manufacturer\nconcerning the effects of such products on human health and the\nenvironment. These reports shall be available to the public at the\ndepartment of environmental conservation, except those portions the\nmanufacturer determines, subject to the approval of the commissioner,\nwould be, if disclosed, seriously prejudicial to the manufacturer's\nlegitimate interest in trade secrets and economics of operation.\n  2. No later than February 1, 1973 the commissioner shall prepare and\nsubmit a comprehensive report to the governor and legislature on the\nstatus of progress made in research and development to provide a safe\nand effective substitute for phosphates in household cleansing products.\n  3. Whenever the commissioner finds, after investigation, that any\ningredient of household cleansing products distributed, sold, offered or\nexposed for sale in this state, other than an ingredient for which\nlimitations are set forth in subdivision 2 of section 35-0105, will or\nis likely to materially affect adversely human health or the\nenvironment, he may, after public hearing, restrict or limit by\nregulation the use of such ingredient in such products.\n
N.Y. PEN Law § 130.10 — New York Code / Act PEN / Part 3 / Title H / Article 130 / Section 130.10
Sex offenses; limitation; defenses
Status: in_force

§ 130.10 Sex offenses; limitation; defenses.\n  1. In any prosecution under this article in which the victim's lack of\nconsent is based solely upon his or her incapacity to consent because he\nor she was mentally disabled, mentally incapacitated or physically\nhelpless, it is an affirmative defense that the defendant, at the time\nhe or she engaged in the conduct constituting the offense, did not know\nof the facts or conditions responsible for such incapacity to consent.\n  2. Conduct performed for a valid medical or mental health care purpose\nshall not constitute a violation of any section of this article in which\nincapacity to consent is based on the circumstances set forth in\nparagraph (h) of subdivision three of section 130.05 of this article.\n  3. In any prosecution for the crime of rape in the third degree as\ndefined in section 130.25, a crime formerly defined in section 130.40,\naggravated sexual abuse in the fourth degree as defined in section\n130.65-a, or sexual abuse in the third degree as defined in section\n130.55 in which incapacity to consent is based on the circumstances set\nforth in paragraph (h) of subdivision three of section 130.05 of this\narticle it shall be an affirmative defense that the client or patient\nconsented to such conduct charged after having been expressly advised by\nthe health care or mental health care provider that such conduct was not\nperformed for a valid medical purpose.\n  4. In any prosecution under this article in which the victim's lack of\nconsent is based solely on his or her incapacity to consent because he\nor she was less than seventeen years old, mentally disabled, a client or\npatient and the actor is a health care provider, detained or otherwise\nin custody of law enforcement under the circumstances described in\nparagraph (j) of subdivision three of section 130.05 of this article, or\ncommitted to the care and custody or supervision of the state department\nof corrections and community supervision or a hospital and the actor is\nan employee, it shall be a defense that the defendant was married to the\nvictim as defined in subdivision four of section 130.00 of this article.\n
N.Y. GBS Law § 396-MM — New York Code / Act GBS / Article 26 / Section 396-MM
Unlawful trial offers
Status: in_force

§ 396-mm. Unlawful trial offers. 1. a. It shall be unlawful for a\nperson, partnership, firm, association, corporation or agent or employee\nthereof to provide a free trial offer unless the material terms of the\noffer are clearly and conspicuously disclosed. No additional products or\nservices or enrollment in any membership, for a fee, shall be provided\nuntil the express consent of the consumer has been obtained.\n  b. At least fifteen, but not more than thirty days before a consumer\nis required to cancel a free trial, the person, partnership, firm,\nassociation, corporation or agent or employee thereof shall send to the\nconsumer the terms of the offer and the deadline to cancel; provided,\nhowever, that where a free trial offer ends in less than thirty days,\nthe terms of the offer and the deadline to cancel shall be sent at least\nseven days before a consumer is required to cancel the free trial. Such\nnotice is not required when the free trial is a magazine or newspaper\nsubscription and at any time cancellation occurs the consumer shall\nreceive a refund for issues not mailed; provided, however, that such\nrefund option is disclosed with the free trial subscription offer.\n  2. This section shall not apply to a negative option plan regulated by\nthe federal trade commission pursuant to Code of Federal Regulations,\ntitle 16, part 425; and does not apply to other contractual plans or\narrangements such as continuity plans, subscription arrangements,\nstanding order arrangements, supplements and series arrangements, under\nwhich the seller provides similar special interest goods or services to\na consumer who has consented in advance to receive the goods or services\non a periodic basis with no binding commitment period and no minimum\npurchase amount.\n  3. This section shall not apply to any purchase when the person,\npartnership, firm, association, corporation or agent or employee thereof\ndoes not debit or charge any consumer account and sends the consumer an\ninvoice requesting payment which includes information about how to\ncancel a free trial.\n  4. a. Every violation of this section shall be deemed a deceptive act\nand practice subject to enforcement under article twenty-two-A of this\nchapter. In every case where the court shall determine that a violation\nof this section has occurred, it may impose a civil penalty of up to one\nthousand five hundred dollars for each violation.\n  b. Nothing in this section shall be construed to restrict any right\nwhich any person may have under any other statute or the common law.\n
N.Y. COR Law § 1000 — New York Code / Act COR / Article 35 / Section 1000
Laws repealed
Status: in_force

§ 1000. Laws repealed.  Of the laws enumerated in the schedule hereto\nannexed, that portion specified in the last column is hereby repealed.\n
N.Y. LAB Law § 356 — New York Code / Act LAB / Article 13 / Section 356
Notice of unlawful manufacture
Status: in_force

§ 356. Notice of unlawful manufacture. If the commissioner discovers\nany manufacture in a house contrary to the provisions of this article,\nhe shall serve notice of such unlawful manufacture upon the employer.\n
N.Y. AGM Law § 335 — New York Code / Act AGM / Article 25-C / Section 335
Tax credit; overtime expense certification
Status: in_force

§ 335. Tax credit; overtime expense certification. 1. A qualified farm\nemployer who is issued an overtime expense certificate by the department\nmay be allowed a credit pursuant to section forty-two-a of the tax law\nequal to one hundred eighteen percent of the aggregate amount of\novertime expenses certified by the department pursuant to this section.\nA qualified farm employer who is issued a preliminary overtime expense\ncertificate may be eligible to receive an advance payment of such tax\ncredit pursuant to subdivision (e) of section forty-two-a of the tax\nlaw.\n  2. Certificate application and approval process. A farm employer must\nsubmit a complete application as prescribed by the commissioner by the\nfirst of February after the end of the calendar year. As part of the\napplication, each farm employer shall provide evidence in the form and\nmanner prescribed by the commissioner sufficient to establish that it is\na qualified farm employer and to determine the overtime expense per\neligible farm employee paid by such qualified farm employer during the\npreceding calendar year. If, after reviewing a farm employer's completed\napplication, the department determines that the farm employer is a\nqualified farm employer, the department may issue to such qualified farm\nemployer an overtime expense certificate for each year that the\neligibility criteria are satisfied that specifies (a) the total number\nof eligible farm employees who were paid eligible overtime by the\nqualified farm employer; (b) the aggregate amount of overtime expense\npaid by the qualified farm employer; and (c) the calendar year in which\nsuch overtime expense was paid.\n  3. Preliminary overtime expense certificate. A farm employer who\nintends to request an advance payment of the tax credit pursuant to\nsubdivision (e) of section forty-two-a of the tax law must submit a\ncomplete application as prescribed by the commissioner by September\nthirtieth of the calendar year. As part of the application, each farm\nemployer shall provide evidence in the form and manner prescribed by the\ncommissioner sufficient to establish that it is a qualified farm\nemployer and to determine the overtime expense per eligible farm\nemployee paid by such qualified farm employer from January first through\nJuly thirty-first of such calendar year. If, after reviewing a farm\nemployer's completed application, the department determines that the\nfarm employer is a qualified farm employer, the department may issue to\nsuch qualified farm employer a preliminary overtime expense certificate\nthat specifies (a) the total number of eligible farm employees who were\npaid eligible overtime by the qualified farm employer from January first\nthrough July thirty-first of such calendar year; and (b) the aggregate\namount of overtime expense paid by the qualified farm employer during\nsuch period.\n
N.Y. GMU Law § 116 — New York Code / Act GMU / Article 5-B / Section 116
Authorization to participate
Status: in_force

§ 116. Authorization to participate.  Before any municipality shall\nparticipate in a joint project pursuant to this article, it shall\nauthorize such participation by taking the same procedural steps which\nit would be required to take if it proposed to effectuate such\nimprovements itself. Other municipalities may be permitted to\nparticipate in the joint project by making a lump sum contribution in\nsuch amount and such manner as the original participating municipalities\nmay determine. Necessary funds for such contribution may be raised in\nthe manner provided in the local finance law.\n
N.Y. PBB Law § 42 — New York Code / Act PBB / Article 3 / Section 42
Duty of other state officers
Status: in_force

§ 42.  Duty of other state officers.  It shall be the duty of the\nofficer of the state, charged by law with the responsibility for the\npurchase, acquisition, placement, erection or execution of such work of\nart, monument, building, bridge or other structure, in each case to\nsubmit the designs, drawings, models and other information as may be\ndeemed necessary by the office of general services or the commissioner\nof transportation, respectively, together with explanatory statements,\nto such office or commissioner for its or his action.\n