FrankGoortani/open-us-law huggingface dataset:
N.Y. UJC Law § 701 — New York Code / Act UJC / Article 7 / Section 701
Direction and execution of mandates
Status: in_force

§ 701. Direction and execution of mandates.\n  (a) In an action or proceeding brought in the court, all civil\nprocesses and mandates, except as otherwise provided in this act, may be\nserved or executed only within the county. They shall be executed by the\ncourt's enforcement officer within such area as is within his\nterritorial jurisdiction as elsewhere provided by law. Where this act\nempowers the court's process or mandate to be served or executed without\nthe county, or where it is to be served or executed within the county\nbut at such place therein as is beyond the territorial jurisdiction of\nthe court's enforcement officer, the process or mandate shall be served\nor executed by such officer as could serve or execute the process or\nmandate of the supreme court of the county in a like instance.\n  (b) The provisions of law applicable in supreme court practice,\nrelating to the execution of mandates by a sheriff and the power and\ncontrol of the court over the sheriff executing the same, shall apply to\nthis court's enforcement officers.\n  (c) In any instance where a return by the enforcement officer is\nrequired by law to be made to the court or the clerk thereof, such\nprovision shall be deemed to refer to this court, or the clerk of this\ncourt, as the case may be.\n  (d) Nothing herein contained shall be construed to prevent the service\nof a summons, petition, notice of petition, subpoena or other paper by\nany person who might serve the same in a like instance in the supreme\ncourt.\n
N.Y. GBS Law § 396-S — New York Code / Act GBS / Article 26 / Section 396-S
Individual sewage disposal system; information to vendees of newly constructed homes
Status: in_force

§ 396-s. Individual sewage disposal system; information to vendees of\nnewly constructed homes. 1. When used in this section, the following\nterms, unless the context requires otherwise, shall have the following\nmeanings:\n  (a) "Vendee" means any individual or individuals who have contracted\nwith a vendor for construction of a home on land not owned at the time\nof such agreement by such individual or individuals.\n  (b) "Vendor" means any person, firm, corporation, or association\nengaged in the business of constructing new homes. A banking\norganization, as that term is defined in the banking law, shall be a\nvendor within the meaning of this section if such organization sells a\nnewly constructed home to a vendee.\n  (c) "Department" means the state department of health.\n  (d) "Individual sewage disposal system" means a facility serving one\nor more parcels of land and disposing of sewage or other liquid wastes\ninto the soil of such parcels, except where a permit for such a facility\nis required under the applicable provisions of article seventeen of the\nenvironmental conservation law.\n  (e) "Health pamphlet" means the pamphlet known as the New York state\nhealth department waste treatment pamphlet entitled, "Septic System\nOperation and Maintenance".\n  2. On and after July first, nineteen hundred eighty-one every vendor\nshall, either in person or by certified mail, deliver to a vendee at the\ntime of the transfer of title of the home serviced by an individual\nsewage disposal system a copy of the health pamphlet. If the political\nsubdivision within which the home is located has published a waste\ntreatment handbook or pamphlet on individual sewage disposal systems,\nthe vendor shall supply a copy of such informational material to the\nvendee in the same manner as the health pamphlet.\n  3. The commissioner of the department of health is hereby directed to\nmodify the contents of the health pamphlet in such a manner that such\npamphlet shall contain information relating to the proper method of\noperating and maintaining individual sewage disposal systems. Such\ninformation shall be in clear and concise language readily\ncomprehensible by vendees and shall identify potential problems that\nvendees may encounter with individual sewage disposal systems. The\nmodification to the health pamphlet required by this subdivision shall\nbe made on or before the effective date of this section and shall be\nincluded within any health pamphlet to be distributed by the department\non and after July first, nineteen hundred eighty-one.\n  4. The department may establish a method of distributing the pamphlets\nso that there is no fiscal impact upon the department.\n  5. Any vendor violating this section shall be assessed a civil penalty\nnot to exceed two hundred fifty dollars.\n
N.Y. TRA Law § 304 — New York Code / Act TRA / Article 13 / Section 304
Project grant procedure
Status: in_force

§ 304. Project grant procedure. State moneys may be expended for any\nmunicipal project pursuant to a contract entered into by the\ncommissioner, in the name of the state, and the municipal corporation\nundertaking such project. Any such contract may include such provisions\nas may be agreed upon by the parties thereto, and shall include, in\nsubstance, the following provisions:\n  a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n  b. An agreement by the commissioner to pay to or on behalf of the\nmunicipal corporation, following completion of the project, or during\nthe undertaking thereof, in the form of progress payments, as may be\nagreed upon by the parties and subject to the rules and regulations of\nthe commissioner, the state share of the project cost as he may\ndetermine in accordance with section three hundred of this article.\n  c. An agreement by the municipal corporation:\n  (1) To proceed expeditiously with, and complete, the project in\naccordance with plans approved by the commissioner;\n  (2) To commence and continue operation of the project on completion of\nthe project, and not to discontinue operation or dispose of the project\nwithout the approval of the commissioner;\n  (3) To provide for the payment of the municipal corporation's share of\nthe cost of the project, and\n  (4) To include in its planning for the project, to the extent mutually\ndeemed appropriate, consideration and planning for joint development as\ndefined in section fourteen-d of the transportation law relating to the\nenvironment of the area in which the project is to be constructed.\n  d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment pursuant to section\nthree hundred of this article becomes available to the municipal\ncorporation, the amount of the state payment shall be recalculated with\nthe inclusion of such additional federal assistance and the municipal\ncorporation shall either (1) pay to the state the amount by which the\nstate payment actually made exceeds the state payment determined by the\nrecalculation or, (2) if such additional federal assistance has not been\nreceived by the municipal corporation, authorize the state to receive\nsuch amount from the federal government and to retain an appropriate\namount thereof. The commissioner may adopt rules and regulations\ngoverning the making and enforcing of contracts pursuant to this\nsubdivision. Contracts entered into pursuant to this subdivision shall\nbe subject to approval by the state comptroller, the director of the\nbudget and by the attorney general as to form. All payments by the state\npursuant to such contracts shall be made after audit by and upon the\nwarrant of the comptroller on vouchers approved by the commissioner.\n
N.Y. EPT Law § 5-4.4 — New York Code / Act EPT / Article 5 / Part 4 / Section 5-4.4
Distribution of damages recovered
Status: in_force

§ 5-4.4 Distribution of damages recovered\n  (a) The damages, as prescribed by 5-4.3, whether recovered in an\naction or by settlement without an action, are exclusively for the\nbenefit of the decedent's distributees and, when collected, shall be\ndistributed to the persons entitled thereto under 4-1.1 and 5-4.5,\nexcept that where the decedent is survived by a parent or parents and a\nspouse and no issue, the parent or parents will be deemed to be\ndistributees for purposes of this section. The damages shall be\ndistributed subject to the following:\n  (1)  Such damages shall be distributed by the personal representative\nto the persons entitled thereto in proportion to the pecuniary injuries\nsuffered by them, such proportions to be determined after a hearing, on\napplication of the personal representative or any distributee, at such\ntime and on notice to all interested persons in such manner as the court\nmay direct.  If no action is brought, such determination shall be made\nby the surrogate of the county in which letters were issued to the\nplaintiff; if an action is brought, by the court having jurisdiction of\nthe action or by the surrogate of the county in which letters were\nissued.\n  (2)  The court which determines the proportions of the pecuniary\ninjuries suffered by the distributees, as provided in subparagraph (1),\nshall also decide any question concerning the disqualification of a\nparent, under 4-1.4, or a surviving spouse, under 5-1.2, to share in the\ndamages recovered.\n  (b)  The reasonable expenses of the action or settlement and, if\nincluded in the damages recovered, the reasonable expenses of medical\naid, nursing and attention incident to the injury causing death and the\nreasonable funeral expenses of the decedent may be fixed by the court\nwhich determines the proportions of the pecuniary injuries suffered by\nthe distributees, as provided in subparagraph (1), upon notice given in\nsuch manner and to such persons as the court may direct, and such\nexpenses may be deducted from the damages recovered.  The commissions of\nthe personal representative upon the residue may be fixed by the\nsurrogate, upon notice given in such manner and to such persons as the\nsurrogate may direct or upon the judicial settlement of the account of\nthe personal representative, and such commissions may be deducted from\nthe damages recovered.\n  (c)  In the event that an action is brought, as authorized in this\npart, and there is no recovery or settlement, the reasonable expenses of\nsuch unsuccessful action, excluding counsel fees, shall be payable out\nof the assets of the decedent's estate.\n
N.Y. FCT Law § 469 — New York Code / Act FCT / Article 4 / Part 6 / Section 469
Rules of court; venue
Status: in_force

§ 469. Rules of court; venue. (a) Rules of court under section four\nhundred twenty-four of this article may be made applicable with such\nmodifications, if any, as may be appropriate to the determination of\napplications referred to the family court by the supreme court under\npart six of this article.\n  (b) The supreme court referring an application to the family court\nunder part six may designate a county within the judicial district as\nthe county in which the application is to be determined. If the supreme\ncourt does not designate the county, section four hundred twenty-one of\nthis article applies.\n  (c) Section four hundred twenty-one of this article applies in\ndetermining the county in which an application under section four\nhundred sixty-one, section four hundred sixty-six or section six hundred\nfifty-four may be heard.\n
N.Y. CPL Law § 50.10 — New York Code / Act CPL / Part 1 / Title C / Article 50 / Section 50.10
Compulsion of evidence by offer of immunity; definitions of terms
Status: in_force

§ 50.10 Compulsion of evidence by offer of immunity; definitions of\n            terms.\n  The following definitions are applicable to this article:\n  1.  "Immunity."  A person who has been a witness in a legal\nproceeding, and who cannot, except as otherwise provided in this\nsubdivision, be convicted of any offense or subjected to any penalty or\nforfeiture for or on account of any transaction, matter or thing\nconcerning which he gave evidence therein, possesses "immunity" from any\nsuch conviction, penalty or forfeiture.  A person who possesses such\nimmunity may nevertheless be convicted of perjury as a result of having\ngiven false testimony in such legal proceeding, and may be convicted of\nor adjudged in contempt as a result of having contumaciously refused to\ngive evidence therein.\n  2.  "Legal proceeding" means a proceeding in or before any court or\ngrand jury, or before any body, agency or person authorized by law to\nconduct the same and to administer the oath or to cause it to be\nadministered.\n  3.  "Give evidence" means to testify or produce physical evidence.\n
N.Y. JUD Law § 162 — New York Code / Act JUD / Article 5 / Section 162
Justice of supreme court to certify amount of expenses of stenographer attending term
Status: in_force

§ 162. Justice of supreme court to certify amount of expenses of\nstenographer attending term.  The amount to which the stenographers of\nthe supreme court are entitled for expenses, as prescribed in section\nthree hundred thirteen of this chapter, must be certified by the judge\nholding or presiding at the term.\n
N.Y. PBH Law § 1399-WW — New York Code / Act PBH / Article 13-H / Section 1399-WW
Separability
Status: in_force

§ 1399-ww. Separability. If any item, clause, sentence, subparagraph,\nsubdivision, section or other part of this act, or the application\nthereof to any person or circumstances shall be held to be invalid, such\nholding shall not affect, impair or invalidate the remainder of this\nact, or the application of such section or part of a section held\ninvalid, to any other person or circumstances, but shall be confined in\nits operation to the item, clause, sentence, subparagraph, subdivision,\nsection or other part of this act directly involved in such holding, or\nto the person and circumstances therein involved.\n
N.Y. PBH Law § 3656 — New York Code / Act PBH / Article 36-A / Section 3656
Enforcement
Status: in_force

§ 3656. Enforcement. 1. A medical equipment services agency may be\nsubject to fines as provided by this chapter for material violations of\nthe provisions of this article. A medical equipment services agency may\nhave its license revoked, suspended, or limited by the commissioner for\nrepeated violations of the requirements of this article. In such cases,\nthe commissioner may require the agency to submit a corrective action\nplan for approval. The license of an agency may also be revoked,\nsuspended or limited upon a finding that the actions of such agency have\nmaterially endangered public health and safety.\n  2. No permit or certificate shall be revoked, suspended, limited or\nannulled without an opportunity afforded the agency an administrative\nhearing on the facts at issue.\n
N.Y. PTR Law § 11 — New York Code / Act PTR / Article 2 / Section 11
Rules for determining the existence of a partnership
Status: in_force

§ 11. Rules for determining the existence of a partnership.  In\ndetermining whether a partnership exists, these rules shall apply:\n  1. Except as provided by section twenty-seven persons who are not\npartners as to each other are not partners as to third persons.\n  2. Joint tenancy, tenancy in common, tenancy by the entireties, joint\nproperty, common property, or part ownership does not of itself\nestablish a partnership, whether such co-owners do or do not share any\nprofits made by the use of the property.\n  3. The sharing of gross returns does not of itself establish a\npartnership, whether or not the persons sharing them have a joint or\ncommon right or interest in any property from which the returns are\nderived.\n  4. The receipt by a person of a share of the profits of a business is\nprima facie evidence that he is a partner in the business, but no such\ninference shall be drawn if such profits were received in payment:\n  (a) As a debt by installments or otherwise,\n  (b) As wages of an employee or rent to a landlord,\n  (c) As an annuity to a surviving spouse or representative of a\ndeceased partner,\n  (d) As interest on a loan, though the amount of payment vary with the\nprofits of the business,\n  (e) As the consideration for the sale of the good-will of a business\nor other property by installments or otherwise.\n
N.Y. MIL Law § 43 — New York Code / Act MIL / Article 2 / Section 43
The New York naval militia
Status: in_force

§ 43. The New York naval militia. 1. The naval force of the organized\nmilitia shall be the New York naval militia and shall comprise the units\nand personnel forming the naval militia of the state at this date and\nsuch other naval units as may be organized hereafter including the\npersonnel who are enlisted, appointed or commissioned therein; provided,\nthat ninety-five percent of the persons who are members of the New York\nnaval militia shall be members of the United States naval reserve, the\nUnited States marine corps reserve or the United States coast guard\nreserve.\n  2. The New York naval militia shall be commanded by:\n  (a) an officer of the United States navy or naval reserve who has\nattained a grade of commander or higher;\n  (b) an officer of the United States marine corps or marine corps\nreserve who has attained a grade of lieutenant colonel or higher; or\n  (c) an officer of the United States coast guard or coast guard reserve\nwho has attained a grade of commander or higher.\n  The commanding officer of the New York naval militia shall maintain\nliaison with the United States navy, United States marine corps, United\nStates coast guard, and their reserve components.\n
N.Y. CVP Law § 2511 — New York Code / Act CVP / Article 25 / Section 2511
Liability of surety
Status: in_force

§ 2511. Liability of surety. Where two or more persons are surety on\nan undertaking in an action or proceeding, they shall be jointly and\nseverally liable. The amount recoverable from a surety shall be\ndetermined in accordance with the provisions of section 7-301 of the\ngeneral obligations law.\n
N.Y. PBS Law § 121 — New York Code / Act PBS / Article 7 / Section 121
Certificate of environmental compatibility and public need
Status: in_force

§ 121. Certificate of environmental compatibility and public need. 1.\nNo person shall, after July first, nineteen hundred seventy, commence\nthe preparation of the site for the construction of a major utility\ntransmission facility in the state without having first obtained a\ncertificate of environmental compatibility and public need (hereafter in\nthis article called a "certificate") issued with respect to such\nfacility by the commission. The replacement of existing with like\nfacilities, as determined by the commission, shall not constitute the\nconstruction of a major utility transmission facility. Any facility with\nrespect to which a certificate is required shall thereafter be built,\nmaintained and operated in conformity with such certificate and any\nterms, limitations or conditions contained therein.  A certificate may\nonly be issued pursuant to this article.\n  2. A certificate may be transferred, subject to the approval of the\ncommission, to a person who agrees to comply with the terms, limitations\nand conditions contained therein.\n  3. A certificate issued hereunder may be amended as herein provided.\n  4. This article shall not apply to any major utility transmission\nfacility:\n  a. For which, on or before July first, nineteen hundred seventy an\napplication has been made for a license, permit, consent or approval\nfrom any federal, state or local commission, agency, board or regulatory\nbody, in which application the location of the major utility\ntransmission facility has been designated by the applicant;\n  b. The construction of which has been approved by a municipality or\npublic benefit corporation which has sold bonds or bond anticipation\nnotes on or before July first, nineteen hundred seventy, the proceeds or\npart of the proceeds of which are to be used in payment therefor; or\n  c. Over which any agency or department of the federal government has\nexclusive jurisdiction, or has jurisdiction concurrent with that of the\nstate and has exercised such jurisdiction, to the exclusion of\nregulation of the facility by the state.\n  5. Any person intending to construct a major utility transmission\nfacility excluded from this article pursuant to subdivision four may\nelect to waive such exclusion by delivering notice of such waiver to the\ncommission. This article shall thereafter apply to each major utility\ntransmission facility identified in such notice from the date of its\nreceipt by the commission.\n
N.Y. UJC Law § 403 — New York Code / Act UJC / Article 4 / Section 403
Summons; method and place of service
Status: in_force

§ 403. Summons; method and place of service.\n  Service of summons shall be made in the manner prescribed in supreme\ncourt practice, including the optional method of service by mail\nauthorized by CPLR 312-a, but it shall be made only within the county;\nprovided, however, that where the cause of action arises from the\nfailure to make payment on goods and/or services to a person who is\nlawfully engaged in the business of providing such goods and/or\nservices, and at the time such goods and/or services were received by\nthe alleged debtor, such parties named in the summons were residents of\nthe same county, the alleged debtor named therein as a defendant may\nalso be served in any adjoining county.\n
N.Y. BNK Law § 9 — New York Code / Act BNK / Article 1 / Section 9
Checks drawn against corporate funds or payable to corporations; no notice of defense against or claim to check
Status: in_force

§ 9. Checks drawn against corporate funds or payable to corporations;\nno notice of defense against or claim to check. Notwithstanding section\n3-304 of the uniform commercial code, the drawing of a check by an\nofficer or agent of a corporation against the account of, or in the name\nof the corporation, whether the check is drawn against an account in the\nname of the corporation, or in the name of such officer or agent of the\ncorporation as such, to himself as payee, or the endorsement of a check\nin the name of the corporation, to himself as endorsee, and in either\ncase the cashing of such check or the deposit thereof to the credit of\nhis personal account, shall not constitute notice to a private banker,\nbanking organization or branch of a foreign banking corporation of any\ndefense against or claim to the check on the part of any person,\nprovided that the private banker, banking organization or branch has on\nfile an authorization from the corporation showing that the officer or\nagent is authorized on behalf of the corporation to perform any of the\nabove acts for unlimited or limited amounts, and that the amount of the\ncheck does not exceed the maximum limits of the amount so contained in\nthe authorization so filed for the officer or agent when such a\nlimitation is contained therein.\n
N.Y. CPL Law § 270.25 — New York Code / Act CPL / Part 2 / Title J / Article 270 / Section 270.25
Trial jury; peremptory challenge of an individual juror
Status: in_force

§ 270.25 Trial jury; peremptory challenge of an individual juror.\n  1. A peremptory challenge is an objection to a prospective juror for\nwhich no reason need be assigned. Upon any peremptory challenge, the\ncourt must exclude the person challenged from service.\n  2. Each party must be allowed the following number of peremptory\nchallenges:\n  (a) Twenty for the regular jurors if the highest crime charged is a\nclass A felony, and two for each alternate juror to be selected.\n  (b) Fifteen for the regular jurors if the highest crime charged is a\nclass B or class C felony, and two for each alternate juror to be\nselected.\n  (c) Ten for the regular jurors in all other cases, and two for each\nalternate juror to be selected.\n  3. When two or more defendants are tried jointly, the number of\nperemptory challenges prescribed in subdivision two of this section is\nnot multiplied by the number of defendants, but such defendants are to\nbe treated as a single party. In any such case, a peremptory challenge\nby one or more defendants must be allowed if a majority of the\ndefendants join in such challenge, or if there is a tie when there is an\neven number of defendants. Otherwise, it must be disallowed.\n