FrankGoortani/open-us-law huggingface dataset:
N.Y. LIE Law § 25 — New York Code / Act LIE / Article 2 / Section 25
Priority of liens and assignments under contracts for public improvements
Status: in_force

§ 25. Priority of liens and assignments under contracts for public\nimprovements. Parity of liens of same class. In an action to enforce a\nlien under a contract for a public improvement, or an assignment of\nmoneys, or any part thereof, due or to become due under such contract,\nparties having liens and parties having assignments unless such\nassignments be set aside as diversions of trust assets as provided in\narticle three-a of this chapter shall have priority as follows:\n  (1). Except as provided in section five an assignee of moneys, or any\npart thereof, due or to become due under a contract for public\nimprovement, whose assignment is duly filed prior to the filing of a\nnotice of lien or assignment of every other party to the action, shall\nhave priority over those parties to the extent of advances made upon\nsuch assignment before the filing of the notice of lien or assignment\nnext subsequent to his assignment, but as to advances made subsequent to\na notice of lien or assignment filed and unsatisfied or not discharged\nsuch assignee for the purpose of determining his proportionate share of\nmoneys available for distribution as provided in subdivision four of\nthis section shall be treated as a lienor having a lien to the extent of\nadvances so made.\n  (2) An assignee of moneys or any part thereof, due or to become due\nunder a contract for a public improvement whose assignment is duly filed\nsubsequent to the filing of the notice of lien or assignment of any\nother party shall for the purpose of determining his proportionate share\nof moneys available for distribution, as provided in subdivision four of\nthis section be treated as a lienor having a lien to the extent of\nadvances actually made upon such assignment prior to the filing thereof.\n  (3) Laborers for daily or weekly wages having liens under a contract\nfor a public improvement, shall have preference as a class for the full\namount of their unpaid wages over all other lienors having liens arising\nunder the same contract and without reference to the time when such\nlaborers shall have filed their notices of liens.\n  (4) There shall be no priority among labor lienors, as a class or\namong other lienors as a class, and any moneys available for\ndistribution among lienors of any class shall be distributed pro rata in\naccordance with their respective valid liens.\n  (5) Every assignment of moneys, or any part thereof, due or to become\ndue under a contract for a public improvement shall contain a covenant\nby the assignor that he will receive any moneys advanced thereunder by\nthe assignee and will hold the right to receive such moneys as a trust\nfund to be first applied to the payment of trust claims as defined in\nsection seventy-one of the lien law, and that he will apply the same to\nsuch payments only, before using any part of the moneys for any other\npurpose.\n
N.Y. TAX Law § 3000 — New York Code / Act TAX / Article 41 / Part 1 / Section 3000
Short title
Status: in_force

§ 3000. Short title. This article may be cited as the taxpayers' bill\nof rights.\n
N.Y. LIE Law § 107 — New York Code / Act LIE / Article 4 / Section 107
Discharge of lien before issue of warrant
Status: in_force

§ 107. Discharge of lien before issue of warrant. When any notice of\nlien shall have been filed under this article and no warrant has been\nissued to enforce the same, any person interested in the vessel, may\napply to any justice of the supreme court for leave to discharge the\nlien upon giving an undertaking therefor to the lienor. The application\nshall be in writing, and shall state the amount of the lien claimed and\nthe grounds of the defense thereto, and the names of the persons\nproposed as sureties on such undertaking, with their respective\nresidences and places of business. Upon presenting such application with\nproof that a copy thereof, with at least five days' notice of the time\nand place of presenting the same, has been served upon the lienor, such\njustice may, if no just cause be shown in opposition thereto, authorize\nthe execution of such undertaking, which shall be to the same effect as\nan undertaking required in this article upon the application to\ndischarge a warrant, and an action may be brought thereon in like\nmanner. At the time of the presentation of such application the sureties\nproposed in such undertaking shall justify before such justice. When\nsuch undertaking has been executed and approved by such justice and\ndelivered to the lienor, the justice shall direct the clerk with whom\nthe notice of lien is filed to mark the same as discharged, and it shall\ncease to be a lien upon such vessel.\n
N.Y. TWN Law § 102 — New York Code / Act TWN / Article 8 / Section 102
Budget system
Status: in_force

§ 102. Budget system. The provisions of section one hundred two to\nsection one hundred fifteen, inclusive, shall be known as the budget\nsystem.\n
N.Y. UCC Law § 2-327 — New York Code / Act UCC / Article 2 / Part 3 / Section 2-327
Special Incidents of Sale on Approval and Sale or Return
Status: in_force

Section 2--327. Special Incidents of Sale on Approval and Sale or\n                  Return.\n  (1) Under a sale on approval unless otherwise agreed\n       (a) although the goods are identified to the contract the risk of\n           loss and the title do not pass to the buyer until acceptance;\n           and\n       (b) use of the goods consistent with the purpose of trial is not\n           acceptance but failure seasonably to notify the seller of\n           election to return the goods is acceptance, and if the goods\n           conform to the contract acceptance of any part is acceptance\n           of the whole; and\n       (c) after due notification of election to return, the return is\n           at the seller's risk and expense but a merchant buyer must\n           follow any reasonable instructions.\n  (2) Under a sale or return unless otherwise agreed\n       (a) the option to return extends to the whole or any commercial\n           unit of the goods while in substantially their original\n           condition, but must be exercised seasonably; and\n       (b) the return is at the buyer's risk and expense.\n
N.Y. FCT Law § 343.4 — New York Code / Act FCT / Article 3 / Part 4 / Section 343.4
Rules of evidence; identification by means of previous recognition, in addition to present identification
Status: in_force

§ 343.4. Rules of evidence; identification by means of previous\nrecognition, in addition to present identification. In any juvenile\ndelinquency proceeding in which the respondent's commission of a crime\nis in issue, a witness who testifies that: (a) he or she observed the\nperson claimed by the presentment agency to be the respondent either at\nthe time and place of the commission of the crime or upon some other\noccasion relevant to the case, and (b) on the basis of present\nrecollection, the respondent is the person in question, and (c) on a\nsubsequent occasion he or she observed the respondent, or, where the\nobservation is made pursuant to a blind or blinded procedure, a\npictorial, photographic, electronic, filmed or video recorded\nreproduction of the respondent under circumstances consistent with such\nrights as an accused person may derive under the constitution of this\nstate or of the United States, and then also recognized him or her or\nthe pictorial, photographic, electronic, filmed or video recorded\nreproduction of him or her as the same person whom he or she had\nobserved on the first or incriminating occasion, may, in addition to\nmaking an identification of the respondent at the delinquency proceeding\non the basis of present recollection as the person whom he or she\nobserved on the first or incriminating occasion, also describe his or\nher previous recognition of the respondent and testify that the person\nwhom he or she observed or whose pictorial, photographic, electronic,\nfilmed or video recorded reproduction he or she observed on such second\noccasion is the same person whom he or she had observed on the first or\nincriminating occasion. Such testimony and such pictorial, photographic,\nelectronic, filmed or video recorded reproduction constitutes evidence\nin chief. For purposes of this section, a "blind or blinded procedure"\nshall be as defined in paragraph (c) of subdivision one of section 343.3\nof this part.\n
N.Y. ENV Law § 42-0111 — New York Code / Act ENV / Article 42 / Section 42-0111
Appropriations by municipalities
Status: in_force

§ 42-0111. Appropriations by municipalities.\n  To effectuate the purposes of this article, the local legislative\nbodies of the towns, villages and city within the reserve and the\ncounties of Saratoga, Washington and Rensselaer may appropriate and pay\nover to the partnership moneys to be expended by the partnership to\ncarry out its functions pursuant to this article.\n
N.Y. COR Law § 529 — New York Code / Act COR / Article 20 / Section 529
Term of imprisonment of a recaptured prisoner
Status: in_force

§ 529. Term of imprisonment of a recaptured prisoner.  A prisoner\narrested or committed in a civil action or proceeding, who escapes from\ncustody, upon his voluntary return or recapture, shall be imprisoned for\na term equal to that portion of his original term of imprisonment which\nremains unexpired at the time of his escape.\n
N.Y. TAX Law § 1262-C — New York Code / Act TAX / Article 29 / Part 4 / Section 1262-C
Allocation of revenue from sales and use taxes to villages wholly or partially contained within Broome county
Status: in_force

§ 1262-c. Allocation of revenue from sales and use taxes to villages\nwholly or partially contained within Broome county. Notwithstanding any\nother provision of the tax law to the contrary, the county legislature\nof Broome county shall have the authority to adopt a method for dividing\nthe sales and use tax revenues allocated to a town between any village\nor villages located wholly or partially within the town and to the area\noutside of villages based on either population or full valuation of real\nproperty or on any combination of these two factors.\n
N.Y. GBS Law § 94 — New York Code / Act GBS / Article 9 / Section 94
Selling, hypothecating or pledging property received for transportation or storage
Status: in_force

§ 94. Selling, hypothecating or pledging property received for\ntransportation or storage. A person mentioned in sections ninety and\nninety-one, who sells or pledges any merchandise for which a bill of\nlading, receipt or voucher has been issued by him, without the consent\nin writing thereto of the person holding such bill, receipt or voucher,\nis guilty of a misdemeanor.\n
N.Y. PBH Law § 2742 — New York Code / Act PBH / Article 27-CC / Section 2742
Functions, powers and duties of the department
Status: in_force

§ 2742. Functions, powers and duties of the department. The department\nshall have the following powers and duties:\n  1. to develop a comprehensive statewide program that includes medical,\nhousing, vocational, educational, transportation, social, personal care,\nfamily support, day program services, community re-entry services,\noutpatient rehabilitation services and other essential services;\n  2. to develop outreach services to provide coordinated information\nregarding assistance available to persons with traumatic brain injury\nand their families;\n  3. to develop and maintain a clearinghouse of information on traumatic\nbrain injuries and concussions, including but not limited to, resources\nthat support the development and implementation of community-based\nservices and rehabilitation;\n  4. to track the amount of and cost of services provided to persons\nwith traumatic brain injury placed in out-of-state treatment settings;\n  5. to develop innovative educational programs on the causes and\nprevention of traumatic brain injuries and concussions, with an emphasis\non outreach campaigns. Such programs and information shall include, but\nnot be limited to, treatment and services for persons with traumatic\nbrain injury and/or a concussion and their families;\n  6. to accept and expend any grants, awards of other funds or\nappropriations as may be available for these purposes, subject to\nlimitations as to the approval of expenditures and audits as prescribed\nfor state funds by the state finance law;\n  7. to gather and disseminate statistics and conduct investigations and\nresearch relating to the causes and prevention of traumatic brain\ninjuries and concussions and the treatment of such injuries, including\nthe methods and procedures for rehabilitation, including from time to\ntime, such publications for distribution to appropriate scientific\norganizations;\n  8. to contract with independent consultants to conduct assessments of\nthe needs of persons with traumatic brain injury;\n  9. to develop training programs for persons providing discharge plans\nand case management; and\n  10. to develop standards for licensing or certifying residential and\nnon-residential services for persons with traumatic brain injury to the\nextent that such services are not otherwise subject to the jurisdiction\nof another state agency.\n
N.Y. CAL Law § 21 — New York Code / Act CAL / Article 3 / Section 21
Preparation contract, plans and estimates
Status: in_force

§ 21. Preparation contract, plans and estimates. The corporation shall\nmake surveys and prepare plans and specifications for work in connection\nwith the improvement, maintenance or repair of the canal system to be\nperformed under contract. It shall ascertain with all practical accuracy\nthe quantity and quality of all materials to be used and all other items\nof work to be included in the contract and shall make a detailed\nestimate of the cost of the same. The quantities contained in such\nestimate shall be used in determining the cost of the work according to\nthe different proposals received.\n
N.Y. GBS Law § 687 — New York Code / Act GBS / Article 33 / Section 687
Fraudulent and unlawful practices
Status: in_force

§ 687. Fraudulent and unlawful practices. 1. It is unlawful for any\nperson to make any untrue statement of a material fact in any\napplication, notice, statement, prospectus or report filed with the\ndepartment under this article, or wilfully to omit to state in any such\napplication, notice, statement, prospectus or report any material fact\nwhich is required to be stated therein, or to fail to notify the\ndepartment of any material change as required by this article.\n  2. It is unlawful for a person, in connection with the offer, sale or\npurchase of any franchise, to directly or indirectly:\n  (a) Employ any device, scheme, or artifice to defraud.\n  (b) Make any untrue statement of a material fact or omit to state a\nmaterial fact necessary in order to make the statements made, in the\nlight of the circumstances under which they were made, not misleading.\nIt is an affirmative defense to one accused of omitting to state such a\nmaterial fact that said omission was not an intentional act.\n  (c) Engage in any act, practice, or course of business which operates\nor would operate as a fraud or deceit upon any person.\n  3. It is unlawful for any person to violate any provision of this\narticle, or any rule of the department promulgated hereunder, or any\ncondition to the effectiveness of the registration of an offering\nprospectus or of an exemption from the registration provisions of this\narticle.\n  4. Any condition, stipulation, or provision purporting to bind any\nperson acquiring any franchise to waive compliance with any provision of\nthis law, or rule promulgated hereunder, shall be void.\n  5. It is unlawful to require a franchisee to assent to a release,\nassignment, novation, waiver or estoppel which would relieve a person\nfrom any duty or liability imposed by this article.\n
N.Y. ISC Law § 5903 — New York Code / Act ISC / Article 59 / Section 5903
Domestic risk retention groups
Status: in_force

§ 5903. Domestic risk retention groups. (a) A domestic risk retention\ngroup shall, pursuant to the provisions of this chapter, be chartered\nand licensed as a domestic property/casualty insurer to write only\nliability insurance pursuant to this article and, except as provided\nelsewhere in this article, shall comply with all of the laws,\nregulations and orders applicable to property/casualty insurers\norganized and licensed in this state.\n  (b) Before it may offer insurance in any state, each domestic risk\nretention group shall submit to the superintendent for approval a plan\nof operation or feasibility study, and shall also submit a completed\nNational Association of Insurance Commissioners risk retention report\nform to the superintendent. Such group shall submit an appropriate\nrevision in the event of any subsequent material change in any item of\nthe plan of operation or feasibility study within ten days of any such\nchange. Such group shall not offer any additional kinds of liability\ninsurance in any state until a revision of the plan or study has been\napproved by the superintendent.\n  (c) The submission of a plan of operation or feasibility study shall\nnot be required with respect to any kind or classification of liability\ninsurance which was:\n  (1) defined in the federal Product Liability Risk Retention Act of\n1981 (Public Law 97-45) before October twenty-seventh, nineteen hundred\neighty-six; and\n  (2) offered before such date by any risk retention group which had\nbeen chartered and operating for not less than three years before such\ndate.\n  (d) Immediately upon receipt of any application for licensing as a\ndomestic risk retention group, the superintendent shall provide summary\ninformation concerning the filing to the National Association of\nInsurance Commissioners.\n  (e) The name under which a domestic risk retention group may be\nchartered and licensed shall be a brief description of its membership\nfollowed by the phrase "Risk Retention Group", and, unless its\nmembership consists solely of insurers, shall not include the use of the\nterms "insurance", "insurance company", "mutual", "reciprocal", or any\nsimilar terms.\n
N.Y. PBH Law § 4013 — New York Code / Act PBH / Article 40 / Section 4013
Hospice worker recruitment and retention program
Status: in_force

§ 4013. Hospice worker recruitment and retention program.  1. The\ncommissioner shall, subject to the provisions of subdivision two of this\nsection, increase medical assistance rates of payment by up to three\npercent for hospice services provided on and after December first, two\nthousand two, for purposes of improving recruitment and retention of\nnon-supervisory workers or workers with direct patient care\nresponsibility.\n  2. Hospice services providers which have their rates adjusted pursuant\nto this section shall use such funds for the purposes of recruitment and\nretention of non-supervisory workers or workers with direct patient care\nresponsibility only and are prohibited from using such funds for any\nother purposes. Funds provided pursuant to this section are not intended\nto supplant support provided by a local government. Each such provider\nshall submit, at a time and in a manner to be determined by the\ncommissioner, a written certification attesting that such funds will be\nused solely for the purpose of recruitment and retention of\nnon-supervisory workers or workers with direct patient care\nresponsibility. The commissioner is authorized to audit each such\nprovider to ensure compliance with the written certification required by\nthis subdivision and shall recoup all funds determined to have been used\nfor purposes other than recruitment and retention of non-supervisory\nworkers or workers with direct patient care responsibility. Such\nrecoupment shall be in addition to any other penalties provided by law.\n
N.Y. PML Law § 250 — New York Code / Act PML / Article 2 / Section 250
Power of commission to impose penalties
Status: in_force

§ 250. Power of commission to impose penalties. The commission, in\naddition to its power to suspend or revoke occupational licenses,\nlicenses to conduct running races and race meetings or steeplechases and\nsteeplechase meetings and licenses to conduct pari-mutuel betting at a\nrace course or race meeting for running races or steeplechases issued by\nthe commission, is authorized to impose civil penalties upon any such\nlicensee or franchisee for a violation of any provision of this chapter\nor the rules and regulations promulgated pursuant thereto, not exceeding\nthe amounts set forth in section one hundred sixteen of this chapter,\nwhich penalties shall be paid into the state treasury. Each day upon\nwhich such violation continues may be considered by the commission as a\nseparate violation in assessing the amount of civil penalty to be\nimposed. Any penalty so imposed shall be sued for by the attorney\ngeneral in the name of the people of the state of New York, if so\ndirected by the commission. The amount of the penalty collected by the\ncommission or recovered in any such action, or paid to the commission\nupon a compromise as hereinafter provided, shall be paid by the\ncommission into the state treasury and credited to the general fund. The\ncommission, for cause shown and in its discretion, may extend the time\nfor the payment of such penalty and, by compromise may accept less than\nthe amount of such penalty as imposed in settlement thereof. The powers\ngranted by this section shall not be affected by the circumstances that\nany such license has expired by its terms prior to the imposition of\nsuch penalty.\n
N.Y. LEG Law § 36 — New York Code / Act LEG / Article 2-A / Section 36
Convening extraordinary sessions of the legislature by petition
Status: in_force

§ 36. Convening extraordinary sessions of the legislature by petition.\na. (1) The secretary or clerk of the initiating house, upon the receipt\nof the written request of any member or members elected thereto that the\nlegislature be convened in extraordinary session and stating the subject\nmatter sought to be acted upon, shall forthwith cause a petition to be\nserved personally on, or sent by registered mail, return receipt\nrequested, to each member of such house at his voting address or such\nother address as he shall have designated therefor in writing.\n  (2) Upon timely return to the temporary president or speaker, as the\ncase may be, of the signatures of two-thirds of the members of such\nhouse, the respective secretary or clerk shall forthwith transmit a\ncertified copy of such petition to the secretary or clerk of the\nreceiving house.\n  b. The secretary or clerk of the receiving house, as the case may be,\nupon receipt of such certified copy of the petition from the secretary\nor clerk of the initiating house, shall forthwith cause a concurring\npetition to be served personally on, or sent by registered mail, return\nreceipt requested, to each member of the receiving house, at his voting\naddress or such other address as he shall have designated therefor in\nwriting.\n  c. The secretary and clerk, upon the receipt of a joint written\nrequest by at least one member of each house that the legislature be\nconvened in extraordinary session and stating the subject matter sought\nto be acted upon, shall forthwith cause a joint petition to be served\npersonally on, or sent by registered mail, return receipt requested, to\neach member of both houses, at such member's voting address or such\nother address as he shall have designated therefor in writing. The\nsecretary or clerk, upon the receipt of such a joint written request,\nshall forthwith transmit to the other such officer a copy thereof.\n  d. No signature of any member upon any petition, joint petition, or\nconcurring petition shall be effective unless received by the temporary\npresident or the speaker, as the case may be, of the member's house, at\nthe capitol, within twenty-one days of the date of service or mailing of\nsuch petition on or to such member.\n