FrankGoortani/open-us-law huggingface dataset:
N.Y. PBH Law § 2806-B — New York Code / Act PBH / Article 28 / Section 2806-B
Residential health care facilities; revocation of operating certificate
Status: in_force

§ 2806-b. Residential health care facilities; revocation of operating\ncertificate. Upon a determination by the commissioner that there exist\noperational deficiencies in a residential health care facility which\nshow:\n  (a) a condition or conditions in substantial violation of the\nstandards for health, safety or patient care established under federal\nor state law or regulations; or\n  (b) any other conditions dangerous to life, health or safety; or\n  (c) that there exists in the facility a pattern or practice of\nhabitual violation of the standards of health, safety or patient care\nestablished under federal or state law or regulations, the commissioner\nshall take the actions prescribed by section twenty-eight hundred six of\nthis article to revoke the operating certificate of the residential\nhealth care facility which was the subject of such finding and, where he\ndeems it to be in the public interest, he may petition a court of\ncompetent jurisdiction to appoint a caretaker as defined in section\ntwenty-eight hundred one of this article. The petition, the proceedings\nand the procedures for the appointment of a caretaker shall be governed\nby the provisions of subdivision two of section twenty-eight hundred ten\nof this article, and the powers, duties and rights of a caretaker\nappointed pursuant to this section shall be the same as those authorized\nby such subdivision.\n
N.Y. UDR Law § 9 — New York Code / Act UDR / Section 9
Subsidiaries; how created
Status: in_force

§ 9. Subsidiaries; how created. (1) The corporation shall have the\nright to exercise and perform its powers and functions through one or\nmore subsidiary corporations. The corporation by resolution may direct\nany of its directors, officers or employees to organize a subsidiary\ncorporation pursuant to either the business corporation law, the\nnot-for-profit corporation law or articles two, four, five or eleven of\nthe private housing finance law. Such resolution shall prescribe the\npurposes for which such subsidiary corporation is to be formed.\n  Such corporation shall be deemed a subsidiary corporation whenever and\nso long as (a) more than half of any voting shares of such subsidiary\nare owned or held by the corporation or (b) a majority of the directors,\ntrustees or members of such subsidiary are designees of the corporation.\n  (2) In the case of a subsidiary incorporated pursuant to provisions of\narticles two, four, five or eleven of the private housing finance law,\nthe corporation shall cause the certificate of incorporation of such\nsubsidiary to state that such subsidiary corporation shall have seven\ndirectors, of whom four shall be officers or employees of the\ncorporation and of whom three shall be persons from the community in\nwhich the project to be undertaken by such subsidiary corporation is to\nbe located; the latter three directors shall be appointed by the\ndirectors of the corporation upon recommendation of the membership\ncouncil.\n  (3) The corporation may transfer to any subsidiary corporation any\nmoneys, real or personal or mixed property or any project in order to\ncarry out the purposes of this act. Each such subsidiary corporation\nshall have all the privileges, immunities and exemptions of the\ncorporation to the extent the same are not inconsistent with the statute\nor statutes pursuant to which such subsidiary was incorporated.\n
N.Y. ACG Law § 3 — New York Code / Act ACG / Article 1 / Section 3
Authorization; alternative forms; variations
Status: in_force

§ 3. Authorization; alternative forms; variations. 1. Any county is\nhereby authorized to adopt one of the alternative forms of county\ngovernment provided in this chapter in accordance with the procedure\nspecified in article fourteen.\n  2. Alternative forms of county government provided by this chapter\nshall consist of: The "county administrator form"; the "county manager\nform"; the "county director form"; and the "county president form".\n  3. In connection with any alternative form of county government, a\ncounty may adopt one or more variations in structure, organization and\ndistribution of functions authorized by this chapter. Any and each\ncombination of provisions for the government of a county and the units\nof local government therein contained which is authorized by this\nchapter is hereby declared to be one of the alternative forms of county\ngovernment provided by this chapter.\n
N.Y. RRD Law § 53-B — New York Code / Act RRD / Article 3 / Section 53-B
Ringing bells and blowing whistles at crossings
Status: in_force

§ 53-b. Ringing bells and blowing whistles at crossings. A person\nacting as engineer, driving a locomotive on any railway in this state,\nwho fails to ring the bell, or sound the whistle, upon such locomotive,\nor cause the same to be rung or sounded, at least eighty rods from any\nplace where such railway crosses a traveled road or street on the same\nlevel, except in cities, or to continue the ringing of such bell or\nsounding such whistle at intervals, until such locomotive and the train\nto which the locomotive is attached shall have completely crossed such\nroad or street is guilty of a misdemeanor.\n
N.Y. BNK Law § 217 — New York Code / Act BNK / Article 5-A / Section 217
Surplus, obligations and depositories
Status: in_force

§ 217. Surplus, obligations and depositories. 1. Such corporation\nshall set apart as an earned surplus all of its net earnings in each and\nevery year until such earned surplus shall equal the total of the\npaid-in capital and paid-in surplus then outstanding.  Said earned\nsurplus shall be held in cash, invested in United States government\nbonds, or as provided in such corporation's by-laws, and shall be kept\nand used to meet losses and contingencies of such corporation and,\nwhenever the amount of earned surplus shall become impaired, it shall be\nbuilt up again to the required amount in the manner provided for its\noriginal accumulation.\n  2. At no time shall the total obligations of such corporation exceed\nten times the amount of its paid-in capital and surplus, not including\ntherein the earned surplus, or two hundred fifty million dollars,\nwhichever is greater.\n  3. Such corporation shall not deposit any of its funds in any banking\norganization unless such banking organization has been designated as a\ndepository by a vote of the majority of all of the directors of such\ncorporation, exclusive of any director who is an officer or director of\nthe depository so designated. Such corporation shall not receive money\non deposit. Such corporation shall not make any loans directly or\nindirectly to any of its officers or to any firms in which any of its\nofficers is a member or officer.\n
N.Y. ACA Law § 20.39 — New York Code / Act ACA / Title E / Article 20 / Section 20.39
Annual and other reports
Status: in_force

§ 20.39. Annual and other reports. 1. A trust shall submit to the\ngovernor and to the mayor or chief executive officer and the governing\nbody of the municipality or county in which its principal office is\nlocated, within ninety days after the end of each fiscal year, a\ncomplete and detailed report setting forth: (a) its operations and\naccomplishments; (b) its receipts and expenditures, in accordance with\nthe categories or classifications established by the trust for its own\noperating and capital outlay purposes; (c) its assets and liabilities at\nthe end of its fiscal year including the status of reserve,\ndepreciation, special or other funds; and (d) a schedule of its bonds\nand other obligations outstanding at the end of its fiscal year,\ntogether with a statement of the amounts redeemed and incurred during\nsuch fiscal year.\n  2. A trust shall submit to the governor and to the mayor or chief\nexecutive officer and the governing body of the municipality or county\nin which its principal office is located, within thirty days after\nreceipt thereof, a copy of the report of every external examination of\nthe books and accounts of the trust, other than reports of examinations\nby any state, county or municipal official.\n
N.Y. PEP Law § 37 — New York Code / Act PEP / Article 3 / Section 37
Fraudulent intent a question of fact
Status: in_force

§ 37. Fraudulent intent a question of fact. The question of the\nexistence of fraudulent intent in cases arising under this article, is a\nquestion of fact and not of law.\n
N.Y. BSW Law § 2 — New York Code / Act BSW / Section 2
Officers and employees
Status: in_force

* § 2. Officers and employees. The commission may appoint, and at\npleasure remove, deputies who shall be paid a salary within budgetary\nappropriations and all necessary expenses for traveling and maintenance\nincurred by them in the performance of their official duties outside of\nthe city in which they are regularly employed. The commission may\nappoint, and at pleasure remove, a secretary to the commission, whose\nduty it shall be to keep a full and true record of all its proceedings,\npreserve at its general office all its books, documents and papers,\nprepare for service such notices and other papers as may be required of\nhim by the commission and perform such other duties as the commission\nmay prescribe. The secretary of the commission shall receive an annual\nsalary within budgetary appropriations. The commission may employ such\nother officers, employees and inspectors as may be necessary to\nadminister the provisions of this act and fix their salaries within the\namount appropriated therefor by the legislature. The necessary traveling\nand other necessary expenses of the members of the commission, and the\nsalary of its deputies and secretary, shall be paid monthly out of the\nstate treasury on the warrant of the comptroller and the certificate of\nthe chairman of the commission out of the money appropriated to be used\ntherefor.\n  * NB Repealed September 1, 2016\n
N.Y. CVP Law § 303 — New York Code / Act CVP / Article 3 / Section 303
Designation of attorney as agent for service
Status: in_force

§ 303. Designation of attorney as agent for service. The commencement\nof an action in the state by a person not subject to personal\njurisdiction is a designation by him of his attorney appearing in the\naction or of the clerk of the court if no attorney appears, as agent,\nduring the pendency of the action, for service of a summons pursuant to\nsection 308, in any separate action in which such a person is a\ndefendant and another party to the action is a plaintiff if such\nseparate action would have been permitted as a counterclaim had the\naction been brought in the supreme court.\n
N.Y. NAV Law § 35-A — New York Code / Act NAV / Article 3 / Section 35-A
Floating objects other than aids to navigation
Status: in_force

§ 35-a. Floating objects other than aids to navigation. 1. The\ncommissioner may authorize, through the issuance of a revocable permit,\nthe placing in the navigable waters of the state, of mooring buoys,\nbathing beach markers, swimming floats, speed zone markers, or any other\nfloating object having no navigational significance, if in his opinion\nthe placing of such floating object will not be a hazard to navigation.\n  2. The commissioner is hereby authorized to make rules and regulations\nfor the issuance of such permits and he shall establish a uniform system\nof marking all floating objects that he authorizes to be placed.\n  3. Adjacent upland owners may place one mooring buoy and one swimming\nfloat of not more than one hundred square feet of surface area, in the\nwaters adjacent to and within the boundaries of their shoreline,\nprovided however, that no floating object and no vessel or part thereof\nwhich is secured to a mooring buoy shall at any time extend more than\none hundred feet from shore and further provided that no floating object\nmay be placed in a navigable channel or in any location in which it will\ninterfere with free and safe navigation or free access to another\nperson's property. The commissioner shall have the right to remove or\nalter the location of any such buoy or float in the interest of\nnavigation.\n  4. The commissioner may, by rule, regulation, or order, designate\nlakes, or areas within lakes, in which fishing buoys may be placed. The\ncommissioner shall specify the size, shape, color and material of\nconstruction for such buoys, the manner of placing same and the type of\nground tackle to be used. No fishing buoys may be placed in the\nnavigable waters of the state except as specified by the commissioner in\nrules and regulations authorized herein.\n  5. The commissioner may prescribe a reasonable service charge to cover\nthe cost of issuance of permits authorized by this section. Revenues\nfrom such service charges shall be deposited into the "I love NY\nwaterways" boating safety fund established pursuant to section\nninety-seven-nn of the state finance law.\n  6. The provisions of this section which pertain to the mooring of\nvessels shall not apply to areas in which local ordinances so pertaining\nhave been duly approved by the commissioner or in which areas federal\nlaws or rules and regulations regulate the anchoring or mooring of\nvessels.\n  7. A violation of this section or the rules and regulations authorized\nherein shall constitute an offense punishable by a fine of not to exceed\nfifty dollars.\n
N.Y. RCO Law § 264 — New York Code / Act RCO / Article 13 / Section 264
At the meeting for incorporation, held in pursuance to such notice, the qualified voters unless otherwise decided as hereinafter provided...
Status: in_force

* § 264. At the meeting for incorporation, held in pursuance to such\nnotice, the qualified voters unless otherwise decided as hereinafter\nprovided shall all be persons of full age who have worshipped with such\nchurch, and have regularly contributed to its support according to its\nusages, for at least one year or since it was formed, and who have in\ngood faith in open meeting expressed their belief in the tenets of faith\nadopted by the General Assembly of Spiritualists. At such meeting the\npresence of a majority of such qualified voters, at least seven in\nnumber, shall be necessary to constitute a quorum, and all matters or\nquestions shall be decided by a majority of the qualified voters voting\nthereon. The meeting shall be called to order by a person delegated so\nto do by the president of the General Assembly of Spiritualists. There\nshall be elected at such meeting, from the qualified voters then present\na presiding officer, a clerk to keep the records of the proceedings of\nthe meeting and two inspectors of election to receive the ballots cast.\nThe presiding officer and the inspectors shall decide the result of the\nballots cast on any matter, and shall be the judges of the\nqualifications of the voters. If the meeting shall decide that such\nunincorporated church shall become incorporated, the meeting shall also\ndecide upon the name of the proposed corporation, the number of the\ntrustees thereof, which shall be three, six or nine, and the date, not\nmore than fifteen months thereafter, on which the first annual election\nof the trustees thereof shall be held; and it may, by a two-thirds vote,\ndecide that all members of the unincorporated church, of full age, in\ngood and regular standing, who have worshipped with such church but who\nhave not contributed to the financial support thereof, shall also be\nqualified voters at such meeting. Such meeting shall thereupon elect by\nballot from the persons qualified to vote thereat, of the number of\ntrustees so decided on who shall hold office until the first annual\nelection of trustees thereafter, one-third of such number of trustees\nwho shall hold office until the second annual election of trustees\nthereafter, and one-third of such number of trustees who shall hold\noffice until the third annual election of trustees thereafter, or until\nthe respective successors of such trustees shall be elected. Such\nmeeting shall also elect by ballot a clerk or secretary of the\ncorporation, who shall hold his office until the close of the next\nannual meeting.\n  * NB Enacted without section heading.\n
N.Y. HAY Law § 343-S*2 — New York Code / Act HAY / Article 12 / Section 343-S*2
Portion of the state highway system to be designated as the "Erie County Veterans' Memorial Highway"
Status: in_force

* § 343-s. Portion of the state highway system to be designated as the\n"Erie County Veterans' Memorial Highway". All that portion of the state\nhighway system constituting United States route two hundred nineteen, in\nErie county from the interchange with interstate route ninety ("The\nThomas E. Dewey Thruway"), mile marker 219-5312-124.9, in the town of\nWest Seneca to the interchange at New York route three hundred\nninety-one, mile marker 219-5312-116.5, in the town of Hamburg shall be\ndesignated and known as the "Erie County Veterans' Memorial Highway".\n  * NB There are 12 § 343-s's\n
N.Y. SCP Law § 1710 — New York Code / Act SCP / Article 17 / Section 1710
Will or deed containing appointment to be proved A person shall not exercise within the state any power or authority as guardian of the p...
Status: in_force

§ 1710. Will or deed containing appointment to be proved\n  A person shall not exercise within the state any power or authority as\nguardian of the person or property of an infant by virtue of the\nappointment by the will of an infant's parent, being a domiciliary and\ndying after this act takes effect, unless the will has been duly\nadmitted to probate and recorded in the proper court and letters of\nguardianship have been issued thereon; or by virtue of an appointment\ncontained in a deed of the infant's parent, being a domiciliary,\nexecuted after this act takes effect, unless the deed has been\nacknowledged so as to entitle it to be recorded and has been recorded in\nthe office for recording deeds in the county of domicile of the person\nmaking the appointment at the time of execution thereof.\n
N.Y. PEN Law § 165.70 — New York Code / Act PEN / Part 3 / Title J / Article 165 / Section 165.70
Definitions
Status: in_force

§ 165.70 Definitions.\n  As used in sections 165.71, 165.72, 165.73 and 165.74, the following\nterms have the following definitions:\n  1. The term "trademark" means (a) any word, name, symbol, or device,\nor any combination thereof adopted and used by a person to identify\ngoods made by a person and which distinguish them from those\nmanufactured or sold by others which is in use and which is registered,\nfiled or recorded under the laws of this state or of any other state or\nis registered in the principal register of the United States patent and\ntrademark office; or (b) the symbol of the International Olympic\nCommittee, consisting of five interlocking rings; the emblem of the\nUnited States Olympic Committee, consisting of an escutcheon having a\nblue chief and vertically extending red and white bars on the base with\nfive interlocking rings displayed on the chief; any trademark, trade\nname, sign, symbol, or insignia falsely representing association with,\nor authorization by, the International Olympic Committee or the United\nStates Olympic Committee; or the words "Olympic", "Olympiad", "Citius\nAltius Fortius", or any combination thereof tending to cause confusion,\nto cause mistake, to deceive, or to falsely suggest a connection with\nthe United States Olympic Committee or any International Olympic\nCommittee or United States Olympic Committee activity.\n  2. The term "counterfeit trademark" means a spurious trademark or an\nimitation of a trademark that is:\n  (a) used in connection with trafficking in goods; and\n  (b) used in connection with the sale, offering for sale or\ndistribution of goods that are identical with or substantially\nindistinguishable from a trademark as defined in subdivision one of this\nsection.\n  The term "counterfeit trademark" does not include any mark used in\nconnection with goods for which the person using such mark was\nauthorized to use the trademark for the type of goods so manufactured or\nproduced by the holder of the right to use such mark or designation,\nwhether or not such goods were manufactured or produced in the United\nStates or in another country, and does not include imitations of trade\ndress or packaging such as color, shape and the like unless those\nfeatures have been registered as trademarks as defined in subdivision\none of this section.\n  3. The term "traffic" means to transport, transfer, or otherwise\ndispose of, to another, as consideration for anything of value, or to\nobtain control of with intent to so transport, transfer, or otherwise\ndispose of.\n  4. The term "goods" means any products, services, objects, materials,\ndevices or substances which are identified by the use of a trademark.\n
N.Y. RPA Law § 821 — New York Code / Act RPA / Article 8 / Section 821
View in action for waste
Status: in_force

§ 821. View in action for waste. In an action for waste it is not\nnecessary, either upon the execution of a writ of inquiry or upon the\ntrial of an issue of fact, that the jury, the judge, or the referee\nshould view the property. Where the trial is by a referee, or by the\ncourt without a jury, the referee or the judge may, in his discretion,\nview the property and direct the attorneys for the parties to attend\naccordingly. In any other case, the court may in its discretion, by\norder direct a view by the jury.\n
N.Y. UJC Law § 1703 — New York Code / Act UJC / Article 17 / Section 1703
Appeals; practice and procedure in general
Status: in_force

§ 1703. Appeals; practice and procedure in general.\n  (a) Practice and procedure on appeals shall be as provided in article\n55 of the CPLR except insofar as this act or the rules of this court\nconsistent with this act otherwise provide.\n  (b) An appeal as of right from a judgment entered in a small claim or\na commercial claim must be taken within thirty days of the following,\nwhichever first occurs:\n  1. service by the court of a copy of the judgment appealed from upon\nthe appellant.\n  2. service by a party of a copy of the judgment appealed from upon the\nappellant.\n  3. service by the appellant of a copy of the judgment appealed from\nupon a party.\nWhere service as provided in paragraphs one through three of this\nsubdivision is by mail, five days shall be added to the thirty day\nperiod prescribed in this section.\n
N.Y. AGM Law § 182 — New York Code / Act AGM / Article 16 / Section 182
Notification and use of weighing and measuring devices
Status: in_force

§ 182. Notification and use of weighing and measuring devices. No\nperson shall use, for the purpose of determining the weight, quantity or\nprice of any commodity sold, or offered or exposed for sale, any new,\nused or repaired weighing or measuring device or system, or accessory\nrelated thereto, unless he or she has first notified the appropriate\nmunicipal director of weights and measures in writing, or by such other\nmeans as the director may deem acceptable, of such intended use or\nunless such device, system or accessory has been inspected, tested and\nsealed. Each installation or repair shall be made in conformance with\nspecifications, tolerances and variations allowable as established by\nthe commissioner.\n