FrankGoortani/open-us-law huggingface dataset:
N.Y. SCP Law § 709 — New York Code / Act SCP / Article 7 / Section 709
Objection to grant of letters or appointment of lifetime trustee Any person interested, including a nominated fiduciary, before letters a...
Status: in_force

§ 709. Objection to grant of letters or appointment of lifetime trustee\n  Any person interested, including a nominated fiduciary, before letters\nare granted to another fiduciary or the surrogate's court appoints a\ntrustee of a lifetime trust, may file objections showing his or her\ninterest in the estate and stating one or more of the legal objections\nset forth in 707 to granting the letters to or the appointment of one or\nmore of the persons about to receive them or to be appointed. Where such\nobjections are filed the court may stay the granting of letters to or\nthe appointment of the person against whom the objection is made until\nthe matter is determined.\n
N.Y. MHY Law § 79.09 — New York Code / Act MHY / Title E / Article 79 / Section 79.09
Consolidated procedure
Status: in_force

§ 79.09 Consolidated procedure.\n  Upon petition for the appointment of a guardian the court may appoint\nsuch guardian to receive not only benefits from the veterans'\nadministration and income from such benefits, but such other property of\nthe ward to which he may be entitled and which is not then being\nadministered by a committee appointed pursuant to the provisions of\narticle seventy-eight of this chapter in the case of an incompetent or\npursuant to article seventy-seven of this chapter in the case of a\nconservatee, or guardian appointed pursuant to the provisions of the\nsurrogate's court procedure act in the case of an infant; provided,\nhowever, that if objection to such appointment of a guardian be made by\nor on behalf of such ward, such appointment shall not be made except\nupon compliance with said provisions of this chapter in the case of an\nincompetent or conservatee, or the surrogate's court procedure act in\nthe case of an infant.\n
N.Y. WKC Law § 28 — New York Code / Act WKC / Article 2 / Section 28
Limitation of right to compensation
Status: in_force

§ 28. Limitation of right to compensation. The right to claim\ncompensation under this chapter shall be barred, except as hereinafter\nprovided, unless within two years after the accident, or if death\nresults therefrom within two years after such death, a claim for\ncompensation shall be filed with the chairman, but the employer and\ninsurance carrier shall be deemed to have waived the bar of the statute\nunless the objection to the failure to file the claim within two years\nis raised on the first hearing on such claim at which all parties in\ninterest are present. The right of an employee to claim compensation\nunder this chapter for disablement caused by any occupational disease\nincluding but not limited to compressed air illness or its sequelae,\nsilicosis or other dust disease, latent or delayed pathological bone,\nblood or lung changes or malignancies due to occupational exposure to or\ncontact with arsenic, benzol, beryllium, zirconium, cadmium, chrome,\nlead or fluorine or to exposure to x-rays, radium, ionizing radiation,\nradio-active substances, or any other chemical compound shall not be\nbarred by the failure of the employee to file a claim within such period\nof two years, provided such claim shall be filed after such period of\ntwo years and within two years after disablement and after the claimant\nknew or should have known that the disease is or was due to the nature\nof the employment. No case in which an advance payment is made to an\nemployee or to his dependents in case of death shall be barred by the\nfailure of the employee or his dependents to file a claim, and the board\nmay at any time order a hearing on any such case in the same manner as\nthough a claim for compensation had been filed.\n
N.Y. TAX Law § 320 — New York Code / Act TAX / Article 14 / Section 320
Laws repealed
Status: in_force

§ 320. Laws repealed. Of the laws enumerated in the schedule hereto\nannexed, that portion specified in the last column is hereby repealed.\n
N.Y. EPT Law § 7-3.5 — New York Code / Act EPT / Article 7 / Part 3 / Section 7-3.5
Rights of creditors to obtain information concerning
Status: in_force

§ 7-3.5 Rights of creditors to obtain information concerning\n          beneficiaries\n  (a) Any person who has furnished necessaries to a beneficiary of any\ntrust may apply to the court having jurisdiction of the trust for an\norder directing the trustee thereof to furnish to the applicant the true\nand full name and residence address of any such beneficiary. As used in\nthis section, the term "necessaries" means goods furnished and services\nperformed suitable to the condition in life of the person to whom they\nare furnished or for whose benefit they are performed, and which meet\nhis actual needs at the time such necessaries are provided.\n  (b) The application shall be made by a verified petition which states\n(1) the name and address of petitioner, (2) the nature and extent of the\nnecessaries provided, (3) the person by whom and the circumstances under\nwhich they were provided, (4) the amount of the indebtedness claimed to\nexist, (5) the name of the person to whom or for whose benefit such\nnecessaries were provided, (6) a description of the trust of which the\nperson to whom such necessaries were provided is a beneficiary and (7)\nthe name of the trustee administering such trust.\n  (c) Such petition shall also show the efforts made by the petitioner\nto locate the beneficiary and that more than ten days have elapsed since\npetitioner requested in writing that the trustee furnish the address of\nany such beneficiary. The petition may contain such other information as\nis relevant to the inquiry.\n  (d) The proceeding may be initiated by citation or order to show cause\nserved on the trustee personally or in such manner and at such time as\nthe court may direct. A copy of the petition shall be served with the\nprocess.\n  (e) Upon the return of the process the court, if satisfied that the\nallegations of the petition are true and that the petitioner is entitled\nto the relief sought, may make an order directing the trustee to furnish\nto petitioner the true and full name and residence address of any\nbeneficiary to whom necessaries were provided. The order may fix the\ntime within which such name and address shall be furnished. Failure to\ncomply with an order so made shall be punishable as a contempt of court.\n
N.Y. TAX Law § 3020 — New York Code / Act TAX / Article 41 / Part 2 / Section 3020
Sales of seized property
Status: in_force

§ 3020. Sales of seized property. (a) Any sale of property subject to\na tax lien must be sold at the fair market value of the property at the\ntime of the sale.\n  (b) The owner of any property seized by levy may request that the\ncommissioner sell such property within sixty days after the request (or\nwithin a longer period if specified by the owner). The commissioner\nshall comply with the request unless the commissioner determines (and\nnotifies the owner within such period) that such compliance would not be\nin the best interests of this state.\n
N.Y. PVH Law § 555 — New York Code / Act PVH / Article 10 / Section 555
Financial structure
Status: in_force

§ 555. Financial structure. 1. (a) The entire amount to be paid in\ncash or property by the stockholders and income debenture holders of a\nhousing company acquiring fee title to a project shall be equivalent to\nat least twenty per centum of the cost of acquisition of such project as\ncertified by the commissioner in the case of companies organized\npursuant to the provisions of article four of this chapter, or at least\nten per centum of the cost of acquisition in the case of companies\norganized pursuant to the provisions of article two of this chapter, as\ncertified by the commissioner or supervising agency, as the case may be.\n  (b) The entire amount to be paid in cash or property by the\nstockholders and income debenture holders of a housing company acquiring\na project by lease shall be determined by the commissioner or\nsupervising agency, as the case may be. In the event a state-aided\nproject shall be acquired by a municipally-aided company by lease, the\napproval of the commissioner shall be required in addition to the\napproval of the supervising agency.\n  2. The provisions of subdivision one hereof shall not be applicable to\nany housing company organized pursuant to article four of this chapter\nif such company shall receive a loan from the federal government or any\ninstrumentality thereof, or if any mortgage or mortgage bonds insured by\nthe federal housing administration are used in financing the project, or\nthe acquisition thereof, in whole or in part. In such case the equity\nrequired shall be the difference between the amount of such loan or\nmortgage and the cost of acquisition.\n
N.Y. EML Law § 5 — New York Code / Act EML / Article 2 / Section 5
Trial; burden of proof
Status: in_force

§ 5. Trial; burden of proof. On the trial of any action brought by an\nemployee or his personal representative to recover damages for\nnegligence arising out of and in the course of such employment,\ncontributory negligence of the injured employee shall be a defense to be\nso pleaded and proved by the defendant.\n
N.Y. RCO Law § 267 — New York Code / Act RCO / Article 13 / Section 267
Organization and conduct of corporate meetings; qualifications of voters
Status: in_force

§ 267. Organization and conduct of corporate meetings; qualifications\nof voters. At every corporate meeting of a church incorporated under\nthis article all persons who for one year next preceding such meeting\nhave worshipped with such church and have regularly contributed to its\nfinancial support, according to its usages, shall be qualified voters;\nbut, if so decided, by a two-thirds vote at the original meeting or at\nany annual corporate meeting thereof, after notice of such meeting all\nmembers of such church and in good and regular standing, by admission to\nmembership therewith, who have worshipped with such church for one year\nnext preceding the meeting at which they vote, may also be admitted as\nqualified voters at corporate meetings. At such corporate meetings, the\npresence of at least seven persons qualified to vote thereat shall be\nnecessary to constitute a quorum; and all matters or questions shall be\ndecided by a majority of the qualified voters voting thereon, except\nthat by-laws can only be adopted or amended by a two-thirds vote. The\nclerk or secretary of the corporation shall call the meeting to order;\nand under his supervision the qualified voters then present shall choose\na presiding officer and two inspectors of election to receive the\nballots cast.  The presiding officer and the inspectors of election\nshall declare the result of the ballots cast on any matter and shall be\nthe judges of the qualifications of the voters. At such annual corporate\nmeeting, successors to those trustees whose terms of office then expire\nshall be elected by ballot from the qualified voters, for a term of\nthree years thereafter, and until their successors shall be elected. A\nclerk or secretary of the corporation shall be elected by ballot, who\nshall hold office until the close of the next annual meeting, and until\nhis successor shall be elected.\n
N.Y. RCO Law § 323 — New York Code / Act RCO / Article 17 / Section 323
Certificate of incorporation
Status: in_force

§ 323. Certificate of incorporation. The presiding officer of such a\nmeeting and at least two other persons present and voting thereat shall\nbe appointed at such a meeting to execute and acknowledge, before any\nperson authorized to take acknowledgment of deeds, a certificate of\nincorporation which shall have been submitted to and approved by such\nmeeting. Such certificate shall set forth: the place and date of said\nmeeting for incorporation; the name of said church; the township,\nvillage or city, and the county in which said church shall be located;\nthe statement that there were six or more qualified voters present at\nthe meeting where this act of incorporation was authorized; the names\nand respective periods of office of the trustees elected; the signatures\nand residences of those authorized to execute and acknowledge the\ncertificate of incorporation; the approval of the district\nsuperintendent of the district in which the church is located; and a\nstatement that the corporation shall support the doctrine and shall be\nsubject to the laws, usages and ministerial appointments of The United\nMethodist Church as from time to time established, made and declared by\nthe lawful authority of said church. On the filing of such certificate\nin the office of the county clerk of the county in which such church\nshall be located the members of such church qualified to vote at such\nmeeting and those who shall thereafter, from time to time, be qualified\nvoters, at the corporate meetings thereof, shall be a corporation by the\nname stated in such certificate, and the persons therein stated to be\nelected trustees of such church shall be the trustees thereof, for the\nterms for which they were respectively elected, and until their\nsuccessors are elected.\n
N.Y. GBS Law § 391-E — New York Code / Act GBS / Article 26 / Section 391-E
Promotion of camps by certain organizations
Status: in_force

§ 391-e. Promotion of camps by certain organizations.  1. Any person,\nfirm or corporation engaged in the business for profit of promoting\novernight camps for children, as that term is defined in section\nthirteen hundred ninety-two of the public health law, summer day camps,\nas that term is defined in section thirteen hundred ninety-two of such\nlaw, or traveling summer day camps, as that term is defined in section\nthirteen hundred ninety-two of such law shall in any publication,\ncircular or advertisement making such promotion disclose the fact that\nsuch person, firm or corporation has or reasonably expects to receive\nmonetary compensation for such promotion.\n  2. If any promotion as specified in subdivision one hereof represents\nthat any of such camps meet standards established therefor, then a copy\nof the standards of inspection and the inspection report, must be\nsupplied by the promoter upon request.\n
N.Y. PBH Law § 2751 — New York Code / Act PBH / Article 27-D / Section 2751
New York state burns care institute; organization
Status: in_force

§ 2751. New York state burns care institute; organization.  1. The New\nYork state burns care institute is hereby created within the department\nof health.\n  2. The commissioner shall appoint a director of the institute and may\nemploy such assistants and personnel as are necessary to carry out the\nprovisions of this article.\n
N.Y. EPT Law § 11-A-4.1 — New York Code / Act EPT / Article 11-A / Part 4 / Subpart 1 / Section 11-A-4.1
Character of receipts
Status: in_force

§ 11-A-4.1 Character of receipts\n  (a) In this section, "entity" means a corporation, partnership,\nlimited liability company, regulated investment company, real estate\ninvestment trust, common trust fund, or any other organization in which\na trustee has an interest other than a trust or estate to which 11-A-4.2\napplies, a business or activity to which 11-A-4.3 applies, or an\nasset-backed security to which 11-A-4.15 applies.\n  (b) Except as otherwise provided in this section, a trustee shall\nallocate to income money received from an entity.\n  (c) A trustee shall allocate the following receipts from an entity to\nprincipal:\n  (1) property other than money; provided that if a trustee receives the\noption to receive a distribution in the form of money or property and\nelects to receive the distribution in the form of property such\ndistribution shall be considered to be a distribution of money;\n  (2) money received in one distribution or a series of related\ndistributions in exchange for part or all of a trust's interest in the\nentity;\n  (3) money received in total or partial liquidation of the entity; and\n  (4) money received from an entity that is a regulated investment\ncompany or a real estate investment trust if the money distributed is a\ncapital gain dividend for federal income tax purposes.\n  (d) Money is received in partial liquidation:\n  (1) to the extent that the entity, at or near the time of a\ndistribution, indicates that it is a distribution in partial\nliquidation; or\n  (2) if the total amount of money and property received in a\ndistribution or series of related distributions is greater than twenty\npercent of the entity's gross assets, as shown by the entity's year-end\nfinancial statements immediately preceding the initial receipt.\n  (e) Money is not received in partial liquidation, nor may it be taken\ninto account under subparagraph (d)(2), to the extent that it does not\nexceed the amount of income tax that a trustee or beneficiary must pay\non taxable income of the entity that distributes the money.\n  (f) A trustee may rely upon a statement made by an entity about the\nsource or character of a distribution if the statement is made at or\nnear the time of distribution by the entity's board of directors or\nother person or group of persons authorized to exercise powers to pay\nmoney or transfer property comparable to those of a corporation's board\nof directors.\n
N.Y. GCM Law § 33 — New York Code / Act GCM / Part 3 / Subpart 3 / Section 33
Consolidated returns
Status: in_force

§ 33. Consolidated returns.  Corporations which are affiliated may, if\nauthorized, and shall, if required, by the director of finance, under\nregulations prescribed by the director of finance, make a consolidated\nreturn for the purpose of this part. In any case in which a tax is\nassessed upon the basis of a consolidated return, the total tax shall be\ncomputed in the first instance as a unit and shall then be assessed upon\nthe respective affiliated corporations in such proportions as may be\nagreed upon among them, or in the absence of any such agreement, then on\nthe basis of the net income properly assignable to each.\n
N.Y. SCP Law § 1813 — New York Code / Act SCP / Article 18 / Section 1813
Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1
Status: in_force

§ 1813. Disputed or unsettled debt or claim may be compromised,\n          compounded or sold; compromise of infant's claim or action in\n          supreme court\n  1. Upon the application of a fiduciary or any person (other than a\nclaimant) whose rights or interests will be affected by allowance of the\nclaim, the court may for good cause shown either ex parte or upon notice\nto such persons and in such manner as it directs authorize the\ncompromising or compounding of any debt, claim or demand, due or to\nbecome due, which is necessary to be settled, adjusted or liquidated in\nconnection with the settlement of an estate and the sale at public\nauction on such notice as directed by the court of any uncollectible,\nstale or doubtful debt or claim belonging to the estate, but any party\ninterested in the final settlement who has not received notice may show\non the settlement that the debt or claim was fraudulently compromised or\ncompounded.\n  2. In addition to the foregoing powers, the surrogate of any county in\nwhich there is no resident justice of the supreme court qualified to act\nand in which there is then no term of supreme court in session may act\npursuant to the provisions of the CPLR with respect to an application\nfor the approval of a settlement of an infant's claim or of a cause of\naction belonging to an infant, pending in the supreme court in that\ncounty, to the same extent and with the same power and jurisdiction as\nthough he were a justice of the supreme court.\n
N.Y. NAV Law § 54 — New York Code / Act NAV / Article 4 / Part 2 / Section 54
Construction against fire
Status: in_force

§ 54. Construction against fire. All public vessels shall be so\nconstructed that inflammable material about any machinery or apparatus\ninvolving danger of fire where such inflammable material is exposed to\nignition, shall be shielded by some incombustible material so that the\nair may circulate freely between such material and the ignitable\nsubstances. Before granting a certificate of inspection, the inspector\nshall require that all necessary provisions be made throughout such\nvessel as he may judge expedient to guard against loss or damage by\nfire.\n
N.Y. RPP Law § 309-A — New York Code / Act RPP / Article 9 / Section 309-A
Uniform forms of certificates of acknowledgment or proof within this state
Status: in_force

§ 309-a.  Uniform forms of certificates of acknowledgment or proof\nwithin this state.  1. The certificate of an acknowledgment, within this\nstate, of a conveyance or other instrument in respect to real property\nsituate in this state, by a person, must conform substantially with the\nfollowing form, the blanks being properly filled:\nState of New York }ss.:\nCounty of ........}\nOn the .......... day of ........ in the year ..... before me, the\nundersigned, personally appeared ........, personally known to me or\nproved to me on the basis of satisfactory evidence to be the\nindividual(s) whose name(s) is (are) subscribed to the within instrument\nand acknowledged to me that he/she/they executed the same in\nhis/her/their capacity(ies), and that by his/her/their signature(s) on\nthe instrument, the individual(s), or the person upon behalf of which\nthe individual(s) acted, executed the instrument.\n(Signature and office of individual taking acknowledgement.)\n  2. The certificate for a proof of execution by a subscribing witness,\nwithin this state, of a conveyance or other instrument made by any\nperson in respect to real property situate in this state, must conform\nsubstantially with the following form, the blanks being properly filled:\nState of New York }ss.:\nCounty of ........}\nOn the ....... day of ...... in the year .... before me, the\nundersigned, personally appeared ......, the subscribing witness to the\nforegoing instrument, with whom I am personally acquainted, who, being\nby me duly sworn, did depose and say that he/she/they reside(s) in\n.......(if the place of residence is in a city, include the street and\nstreet number, if any, thereof); that he/she/they know(s)...........to\nbe the individual described in and who executed the foregoing\ninstrument; that said subscribing witness was present and saw said\n........execute the same; and that said witness at the same time\nsubscribed his/her/their name(s) as a witness thereto.\n  (Signature and office of individual taking proof.)\n  3. A certificate of an acknowledgement or proof taken under section\nthree hundred of this article shall include the additional information\nrequired by that section.\n  4. For the purposes of this section, the term "person" means any\ncorporation, joint stock company, estate, general partnership (including\nany registered limited liability partnership or foreign limited\nliability partnership), limited liability company (including a\nprofessional service limited liability company), foreign limited\nliability company (including a foreign professional service limited\nliability company), joint venture, limited partnership, natural person,\nattorney in fact, real estate investment trust, business trust or other\ntrust, custodian, nominee or any other individual or entity in its own\nor any representative capacity.\n
N.Y. PEN Law § 240.46 — New York Code / Act PEN / Part 3 / Title N / Article 240 / Section 240.46
Criminal nuisance in the first degree
Status: in_force

§ 240.46 Criminal nuisance in the first degree.\n  A person is guilty of criminal nuisance in the first degree when he\nknowingly conducts or maintains any premises, place or resort where\npersons come or gather for purposes of engaging in the unlawful sale of\ncontrolled substances in violation of section 220.39, 220.41, or 220.43\nof this chapter, and thereby derives the benefit from such unlawful\nconduct.\n  Criminal nuisance in the first degree is a class E felony.\n