FrankGoortani/open-us-law huggingface dataset:
N.Y. TAX Law § 961 — New York Code / Act TAX / Article 26 / Part 1 / Section 961
Effect of federal determination
Status: in_force

§ 961. Effect of federal determination. (a) General.-- A final federal\ndetermination as to\n  (1) the inclusion in the federal gross estate of any item of property\nor interest in property,\n  (2) the allowance of any item claimed as a deduction from the federal\ngross estate, or\n  (3) the value or amount of any such item, shall also determine the\nsame issue for purposes of the tax under this article unless such final\nfederal determination is shown by a preponderance of the evidence to be\nerroneous.\n  (b) Definition.-- For the purpose of this section a final federal\ndetermination means:\n  (1) A decision by the tax court or a judgment, decree or other order\nby any court of competent jurisdiction which has become final.\n  (2) A final disposition by the secretary of the treasury or his\ndelegate of a claim for refund. Such disposition shall be deemed to have\noccurred--\n  (A) as to items of the claim which are allowed, upon allowance of\nrefund or upon disallowance of the claim by reason of offsetting items;\nand\n  (B) as to items of the claim which are disallowed, or as to items\napplied by the secretary of the treasury or his delegate as an offset\nagainst the claim, (i) upon expiration of the time for instituting suit\nfor refund with respect to such items, unless suit is instituted before\nthe expiration of such time, or (ii) upon filing with the surrogate or\nappraiser a written statement, in such form as may be required by the\ntax commission, that suit for refund will not be instituted.\n  (3) A closing agreement made under section seven thousand one hundred\ntwenty-one of the internal revenue code.\n  (4) An assessment pursuant to a waiver of restrictions on assessment,\nor a notification in writing issued by the secretary of the treasury or\nhis delegate that the federal estate tax return has been accepted as\nfiled where such notification is issued after an audit of such return,\nunless the executor shall have filed with the commissioner of taxation\nand finance a written statement, in such form as may be required by the\ncommissioner, that a claim for refund of federal estate taxes has been\nor will be filed.\n  (c) Items determined.-- If there has been a final federal\ndetermination with respect to a decedent's federal estate tax, any item\nentering into the computation of such tax shall be deemed to have been\nthe subject of the final federal determination, whether or not\nspecifically adjusted thereby.\n
N.Y. ISC Law § 4711 — New York Code / Act ISC / Article 47 / Section 4711
Examinations
Status: in_force

§ 4711. Examinations. (a) The superintendent may examine the affairs\nof a municipal cooperative health benefit plan as often as deemed\nnecessary, but not less than once in every three years, except that the\nsuperintendent may extend the three-year interval to no more than five\nyears upon determining that the three-year requirement is not necessary\nto safeguard the interests of the public or covered persons.\n  (b) In connection with such examinations, the superintendent may\nexercise the powers set forth in sections three hundred six, three\nhundred eight, three hundred ten, three hundred eleven, and three\nhundred twelve of this chapter and subsection (f) of section two hundred\nsix and sections three hundred five and three hundred six of the\nfinancial services law, and may also require special reports from a\nmunicipal cooperative health benefit plan as specified in section three\nhundred eight of this chapter.\n  (c) The governing board of every municipal cooperative health benefit\nplan shall be responsible for the maintenance of accurate records and\nbooks of account in regard to the plan.\n
N.Y. TAX Law § 27 — New York Code / Act TAX / Article 1 / Section 27
Suspension of tax-exempt status of terrorist organizations
Status: in_force

§ 27. Suspension of tax-exempt status of terrorist organizations. 1.\nAn organization that is removed from the tax-exempt organizations list\nby the internal revenue service pursuant to subsection (p) of section\n501 of title 26 of the United States Code shall not be exempt from any\ntax, fee or other imposition administered by the commissioner, and it\nshall also not be an exempt organization with respect to any sale,\ntransfer or assignment, beginning on the later of November eleventh, two\nthousand three, or the date that the internal revenue service publishes\nrevocation of the organization's tax-exempt status. In the case of any\npersonal income or corporate franchise tax imposed under or pursuant to\nthe authority of this chapter, such revocation of exempt status shall\napply with respect to the entire taxable year in which the date of\nrevocation occurs and to subsequent taxable years.\n  2. An organization whose tax-exempt status has been revoked pursuant\nto subdivision one of this section and whose tax-exempt status is later\nrestored by the internal revenue service shall be required to submit a\nnew application or applications and be approved before any such status\nshall be restored with respect to any such tax, fee or other imposition\nadministered by the commissioner.\n  3. An organization whose tax-exempt status is suspended pursuant to\nsubdivision one of this section shall have the right to appeal the\ndetermination using the procedure prescribed by article forty of this\nchapter or otherwise prescribed pursuant to this chapter, provided that\nthe organization cannot challenge the merits of the determination made\nby the internal revenue service.\n  4. If an organization makes a sale of property or services on or after\nthe date its exempt status has been revoked under subdivision one of\nthis section, such sale shall be taxable; and the organization shall be\nrequired to collect, pay or pay over any tax due on any such sale on or\nafter such date. If such organization fails to collect tax on any such\nsale, the purchaser shall owe any tax due and shall pay it directly to\nthe commissioner in accordance with applicable law; provided, however,\nthat, if such purchaser does not have knowledge that such organization's\nexempt status has been revoked, then such purchaser shall not be liable\nfor any penalty or interest for failing to file a return or to pay such\ntax if such purchaser files such a return and pays such tax due within\nthirty days of the date that such purchaser learns that the tax is owed\non such purchase.\n
N.Y. GMU Law § 180 — New York Code / Act GMU / Article 9 / Section 180
Ordinances to regulate use of bicycles
Status: in_force

§ 180. Ordinances to regulate use of bicycles. The governing boards of\nmunicipal corporations as defined in section two of this chapter, may\nadopt local laws to regulate the use of bicycles on the public highways,\nstreets, avenues, walks, parks and public places within their limits.\nSuch local laws shall be supplemental and in addition to the provisions\nof the vehicle and traffic law relating to vehicles and not in conflict\ntherewith. Provided further that such local laws shall not impose any\ncharge, tax or otherwise not provide for the free use of bicycles and\ntricycles.\n
N.Y. GBS Law § 89-JJ — New York Code / Act GBS / Article 8-A / Section 89-JJ
Preemption
Status: in_force

§ 89-jj. Preemption. This article does not annul, alter, affect or\nexempt any person or business entity subject to the provisions of this\narticle from complying with any local law, ordinance or regulation with\nrespect to process servers or process serving agencies except to the\nextent that those laws are inconsistent with any provision of this\narticle, and then only to the extent of the inconsistency. For purposes\nof this section, a local law, ordinance or regulation is not\ninconsistent with this article if the protection such law or regulation\naffords a consumer is greater than the protection provided by this\narticle.\n
N.Y. CVP Law § 8108 — New York Code / Act CVP / Article 81 / Section 8108
Specification of denial or award of costs
Status: in_force

§ 8108. Specification of denial or award of costs. A denial of costs\nin an action to a party in whose favor the judgment is entered, an award\nof costs in an action to a party against whom the judgment is entered,\nan award of separate costs in an action to one or more parties, or an\napportionment of costs among several parties, shall be made in the\ndirection of the court for judgment, or in the report or decision upon\nwhich judgment is entered, or, upon motion of the party to be benefited\nthereby, by an order of the judge or referee who presided at the trial.\nThe decision on a motion shall specify the amount of costs awarded upon\nthe motion, if any, and each party to whom they are awarded. The\ndecision on appeal shall specify the disposition made in regard to\ncosts.\n
N.Y. PEN Law § 190.77 — New York Code / Act PEN / Part 3 / Title K / Article 190 / Section 190.77
Offenses involving theft of identity; definitions
Status: in_force

§ 190.77 Offenses involving theft of identity; definitions.\n  1. For the purposes of sections 190.78, 190.79, 190.80, 190.80-a and\n190.85 of this article "personal identifying information" means a\nperson's name, address, telephone number, date of birth, driver's\nlicense number, social security number, place of employment, mother's\nmaiden name, financial services account number or code, savings account\nnumber or code, checking account number or code, brokerage account\nnumber or code, credit card account number or code, debit card number or\ncode, automated teller machine number or code, taxpayer identification\nnumber, computer system password, signature or copy of a signature,\nelectronic signature, unique biometric data that is a fingerprint, voice\nprint, retinal image or iris image of another person, telephone calling\ncard number, mobile identification number or code, electronic serial\nnumber or personal identification number, medical information, health\ninsurance information, or any other name, number, code or information\nthat may be used alone or in conjunction with other such information to\nassume the identity of another person.\n  2. For the purposes of subdivision one of this section and sections\n190.78, 190.79, 190.80, 190.80-a, 190.81, 190.82, 190.83 and 190.85 of\nthis article:\n  a. "electronic signature" shall have the same meaning as defined in\nsubdivision three of section three hundred two of the state technology\nlaw.\n  b. "personal identification number" means any number or code which may\nbe used alone or in conjunction with any other information to assume the\nidentity of another person or access financial resources or credit of\nanother person.\n  c. "member of the armed forces" shall mean a person in the military\nservice of the United States or the military service of the state,\nincluding but not limited to, the armed forces of the United States, the\narmy national guard, the air national guard, the New York naval militia,\nthe New York guard, and such additional forces as may be created by the\nfederal or state government as authorized by law.\n  d. "medical information" means any information regarding an\nindividual's medical history, mental or physical condition, or medical\ntreatment or diagnosis by a health care professional.\n  e. "health insurance information" means an individual's health\ninsurance policy number or subscriber identification number, any unique\nidentifier used by a health insurer to identify the individual or any\ninformation in an individual's application and claims history,\nincluding, but not limited to, appeals history.\n
N.Y. COR Law § 158 — New York Code / Act COR / Article 6-A / Section 158
Designation of Place of Confinement
Status: in_force

§ 158. Designation of Place of Confinement. The commissioner may\ndesignate as a place of confinement of a prisoner any available,\nsuitable and appropriate correctional institution or facility whether\nmaintained by the city, state or federal government and may at any time\ntransfer a prisoner from one place of confinement to another. Where such\ndesignation or transfer is to either a state or federal correctional\ninstitution or facility, it shall be subject to the prior approval of\nthe appropriate person or agency having jurisdiction and control over\nsuch facility and upon such terms and conditions as such person or\nagency deems appropriate.\n
N.Y. LAB Law § 801 — New York Code / Act LAB / Article 22 / Section 801
Appointment; qualification
Status: in_force

§ 801. Appointment; qualification.  A board of inquiry for the\npurposes of this article shall consist of a chairman and such other\npersons as the commissioner shall from time to time appoint, The\nchairman and each appointive member of the board shall be exempt from\ncivil service examination and the provisions of the civil service law\nand rules.\n
N.Y. PBO Law § 75 — New York Code / Act PBO / Article 4 / Section 75
Bribery of members of the legislature
Status: in_force

§ 75. Bribery of members of the legislature.  A person who gives or\noffers, or causes to be given or offered, a bribe, or any money,\nproperty, or value of any kind, or any promise or agreement therefor, to\na member of the legislature, or to a person who has been elected a\nmember of the legislature, or attempts, directly or indirectly, by\nmenace, deceit, suppression of truth, or other corrupt means, to\ninfluence such a member or person to give or withhold his vote, or to\nabsent himself from the house of which he is, or is to become, a member,\nor from any committee thereof, is punishable by imprisonment for not\nmore than ten years, or by a fine of not more than five thousand\ndollars, or by both.\n
N.Y. GBS Law § 69 — New York Code / Act GBS / Article 6-A / Section 69
Sale of incarcerated individual made goods
Status: in_force

§ 69. Sale of incarcerated individual made goods. No goods, wares, or\nmerchandise, manufactured, produced or mined wholly or in part by\nincarcerated individuals, except incarcerated individuals or persons on\nparole, probation, or release, shall be sold in this state to any\nperson, firm, association or corporation except that nothing in this\nsection shall be construed to forbid the sale of such goods produced in\nthe correctional facilities of this state to the state, the government\nof the United States or to any state of the United States, or any\npolitical subdivision thereof, or for any public institution owned or\nmanaged and controlled by the state, or any political subdivision\nthereof, as provided in section one hundred eighty-four of the\ncorrection law, or any public corporation or eleemosynary association or\ncorporation funded in whole or in part by any federal, state or local\nfunds, or to forbid the sale, subject to the rules and regulations of\nthe head of the department or other like governmental authority having\njurisdiction, of any product resulting from occupational therapy within\nany penal or correctional institution, as provided in section one\nhundred ninety-seven of the correction law.\n  Nothing in this section shall be construed to forbid the sale of parts\nand components produced by incarcerated individual labor in correctional\nindustry programs of the government of the United States or any state of\nthe United States, or any political subdivision thereof, to the\ndepartment of corrections and community supervision's division of\ncorrectional industries for use in its manufacturing operations.\n  A violation of the provisions of this section shall constitute a\nmisdemeanor.\n
N.Y. CCA Law § 1601-A — New York Code / Act CCA / Article 16 / Section 1601-A
City marshals; qualifications, prohibitions
Status: in_force

§ 1601-a. City marshals; qualifications, prohibitions. 1. a.  No\nperson shall assume the office of city marshal on or after the effective\ndate of this section unless he or she: (i) shall have earned a high\nschool diploma or its equivalent; (ii) shall have satisfactorily\ncompleted, as of the date of his or her appointment, a training program;\nand (iii) shall have demonstrated that he or she has obtained or will be\nable to obtain a bond in the amount prescribed by this article. Prior\nservice as a marshal for a period of two years or more shall be deemed\nto satisfy the requirement that a marshal has obtained a high school\ndiploma or its equivalent as a condition to qualifying for appointment.\n  b. The appellate division shall promulgate rules and regulations which\nspecify what constitutes an acceptable training program and shall either\nestablish such a program or provide for its establishment. Such rules\nand regulations shall set forth with particularity standards for\nperformance which must be met by participants in the program in order\nthat they may satisfactorily complete such program.  The appellate\ndivision shall provide for the proper issuance of a certificate of\nsatisfactory completion of training, which shall be submitted to the\ncommittee on marshals established pursuant to this article.\n  2. a. Except as provided by paragraph b of this subdivision, no\nmarshal shall actively engage or participate in any other occupation or\nemployment, nor shall any marshall engage or participate in any trade or\nbusiness which creates or might tend to create an actual or potential\nconflict of interest.  No marshal or member of his or her immediate\nfamily shall maintain any financial interest, direct or indirect, in a\nprocess serving agency, a towing company or a furniture moving and\nstorage company. A violation of any of the provisions of this\nsubdivision shall be cause for discipline, including removal pursuant to\nthe procedures specified in section sixteen hundred ten of this article.\nFor purposes of this subdivision, "immediate family" means spouse,\nparent, child, stepchild or sibling.\n  b. During any period of suspension pending a hearing on charges\nprovided for by section sixteen hundred ten of this article, a marshal\nmay actively engage in another occupation or employment, provided that\nsuch occupation or employment does not create or does not tend to create\nan actual or potential conflict of interest.\n
N.Y. GBS Law § 896 — New York Code / Act GBS / Article 39-DD / Section 896
Operation of a gun show
Status: in_force

§ 896. Operation of a gun show. 1. A gun show operator shall:\n  (a) at all times during such show conspicuously post and maintain\nsigns stating "A National Instant Criminal Background Check must be\ncompleted prior to all firearm sales or transfers, including sales or\ntransfers of rifles or shotguns". Signs must be posted at all entrances\nto the gun show, at all places where admission tickets to the gun show\nare sold and not less than four additional locations within the grounds\nof the gun show;\n  (b) notify all firearm exhibitors in writing that a national instant\ncriminal background check must be completed prior to all firearm sales\nor transfers, including sales or transfers of rifles or shotguns; and\n  (c) coordinate with the division of state police to provide access at\nthe gun show to perform a national instant criminal background check\nprior to any firearm sale or transfer. Any firearm dealer licensed under\nfederal law who submits a request to the division of state police to\nperform a national instant criminal background check pursuant to this\nparagraph shall provide the seller or transferor of the firearm, rifle\nor shotgun with a copy of the United States Department of Treasury,\nBureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer\nshall maintain such form and make such form available for inspection by\nlaw enforcement agencies for a period of ten years thereafter.\n  2. Whenever the attorney general shall believe from evidence\nsatisfactory to him or her that a gun show operator has violated any of\nthe provisions of this section, the attorney general may bring an action\nor special proceeding in the supreme court for a judgment enjoining the\ncontinuance of such violation and for a civil penalty in an amount not\nto exceed ten thousand dollars. If it shall appear to the satisfaction\nof the court or justice that the defendant has violated any provisions\nof this section, no proof shall be required that any person has been\ninjured thereby nor that the defendant intentionally violated such\nprovision. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules. In connection\nwith any such proposed application, the attorney general is authorized\nto take proof, issue subpoenas and administer oaths in the manner\nprovided in the civil practice law and rules.\n
N.Y. PBH Law § 4666 — New York Code / Act PBH / Article 46-A / Section 4666
Advertisements
Status: in_force

§ 4666. Advertisements. No person, partnership, corporation, company,\ntrust or association, or any agent or employee thereof, shall publish or\ncause to be published, circulated, or disseminated any financial\nstatement, pamphlet, circular, form letter, advertisement, or other\nsales literature or advertising communication addressed or intended for\ndistribution to prospective residents of fee-for-service continuing care\nretirement communities that contains statements or illustrations that\nare untrue, deceptive, misleading, or omit material facts or omit any\nother information required by regulations appropriate to a\nfee-for-service continuing care retirement community.\n
N.Y. PVH Law § 1005 — New York Code / Act PVH / Article 17 / Section 1005
Enforcement of standards for contract performance
Status: in_force

§ 1005. Enforcement of standards for contract performance. 1.  The\ndivision shall by regulation provide for formal evaluation of the\nperformance of a corporation to determine its progress in achieving the\nobjectives outlined in the annual housing preservation and community\nrenewal plan contained in its contract with the division. Such\nevaluation shall include a review of the efforts of the corporation to\nexecute each of the components of its plan and a consultation between\nthe corporation and the division regarding the findings of the division\nrelative to performance. The division shall provide or cause to be\nprovided technical assistance determined to be necessary by the division\nto improve the ability of the corporation to execute each of the\ncomponents of its plan. Such evaluation and determination of the need\nfor technical assistance shall consider the financial and staff\nresources of the corporation for the period evaluated and any special\nconsiderations which may have had an impact on performance during the\nperiod.\n  2. If the division determines that a corporation has not made\nsufficient progress toward achieving the objectives of its annual\nhousing preservation and community renewal plan the division shall\nconduct a site visit to review these findings and, if warranted, shall\nplace the corporation on probation.\n  3. The division shall terminate or not renew or not extend a contract\nin accordance with provisions of subdivision seven of section one\nthousand three of this article if the commissioner determines that the\nperformance of a corporation is not sufficient to merit continued\nparticipation in the program.\n  4. Notwithstanding the foregoing, the commissioner may terminate any\ncontract upon a finding of substantial non-compliance or other\nsubstantial breach of the contract.\n