FrankGoortani/open-us-law huggingface dataset:
N.Y. CPL Law § 150.75 — New York Code / Act CPL / Part 2 / Title H / Article 150 / Section 150.75
Appearance ticket; certain cases
Status: in_force

§ 150.75  Appearance ticket; certain cases.\n  1.  The provisions of this section shall apply in any case wherein the\ndefendant is alleged to have committed an offense defined in section\n221.05 of the penal law, and no other offense is alleged,\nnotwithstanding any provision of this chapter or any other law to the\ncontrary.\n  2.  Whenever the defendant is arrested without a warrant, an\nappearance ticket shall promptly be issued and served upon him, as\nprovided in this article.  The issuance and service of the appearance\nticket may be made conditional upon the posting of pre-arraignment bail\nas provided in section 150.30 of this chapter but only if the\nappropriate police officer (a) is unable to ascertain the defendant's\nidentity or residence address; or (b) reasonably suspects that the\nidentification or residence address given by the defendant is not\naccurate; or (c) reasonably suspects that the defendant does not reside\nwithin the state.  No warrant of arrest shall be issued unless the\ndefendant has failed to appear in court as required by the terms of the\nappearance ticket or by the court.\n
N.Y. FCT Law § 365.2 — New York Code / Act FCT / Article 3 / Part 6 / Section 365.2
Appeal by permission
Status: in_force

§ 365.2. Appeal by permission. An appeal may be taken by the\nrespondent, in the discretion of the appropriate appellate division,\nfrom any other order under this article.\n
N.Y. EPT Law § 13-2.1 — New York Code / Act EPT / Article 13 / Part 2 / Section 13-2.1
Agreements involving a contract to establish a trust, to make a
Status: in_force

§ 13-2.1 Agreements involving a contract to establish a trust, to make a\n           testamentary provision of any kind, and by a personal\n           representative to answer for the debt or default of a\n           decedent, required to be in writing\n  (a) Every agreement, promise or undertaking is unenforceable unless it\nor some note or memorandum thereof is in writing and subscribed by the\nparty to be charged therewith, or by his lawful agent, if such\nagreement, promise or undertaking:\n  (1) Is a contract to establish a trust.\n  (2) Is a contract to make a testamentary provision of any kind.\n  (3) Is a promise by a personal representative to answer for the debt\nor default of his decedent.\n  (b) A contract to make a joint will, or not to revoke a joint will, if\nexecuted after the effective date of this paragraph can be established\nonly by an express statement in the will that the instrument is a joint\nwill and that the provisions thereof are intended to constitute a\ncontract between the parties.\n
N.Y. SCP Law § 2605 — New York Code / Act SCP / Article 26 / Section 2605
Chief clerk, deputy chief clerk and other personnel of the courts unless otherwise provided for a particular county 1
Status: in_force

§ 2605. Chief clerk, deputy chief clerk and other personnel of the\n          courts unless otherwise provided for a particular county\n  1. Chief clerk. By written order filed and recorded in his office,\nwhich he may in like manner revoke at pleasure, a surrogate shall\nappoint a chief clerk of the surrogate's court, who shall be and shall\nperform all duties of the clerk of the surrogate's court.\n  2. Deputy chief clerk. In any county containing a city of the second\nclass and in any county having a population over 500,000 the surrogate\nshall, and in any other county the surrogate may, in like manner appoint\na deputy chief clerk of the surrogate's court. In counties under 500,000\nthe surrogate may designate one of the clerks of the court to act as\ndeputy chief clerk of the court in addition to other duties.\n  3. Temporary chief clerk of the court. Should the chief clerk or\ndeputy chief clerk be absent or unable to act or if the office be vacant\nthe surrogate may designate any law assistant or other clerk to serve\ntemporarily as chief clerk or deputy chief clerk of the court.\n  4. Oath and bond. Each chief clerk and deputy chief clerk shall,\nbefore entering upon the performance of his duties, take the\nconstitutional oath of office and shall file it with the county clerk of\nthe county together with a bond in the sum of $50,000 approved by the\nsurrogate conditioned for the faithful performance of his duties.\n  5. Other personnel. Within the appropriation therefor made by the\ncounty board of supervisors each surrogate may likewise appoint and\nremove such law assistants, clerks, court reporters and such attendants,\nmessengers and other court officers and employees as necessary,\nincluding temporary court attendants and other personnel.\n  Court attendants and officers whose duty shall be to attend terms and\nsessions of court as required and perform such services as the surrogate\ndirects shall possess all the powers of an officer designated by the\nsheriff to attend upon the court.\n
N.Y. TAX Law § 49 — New York Code / Act TAX / Article 1 / Section 49
Newspaper and broadcast media jobs tax credit
Status: in_force

* § 49. Newspaper and broadcast media jobs tax credit. (a) Allowance\nof credit. A taxpayer subject to tax under article nine-A or twenty-two\nof this chapter shall be allowed a credit against such tax, pursuant to\nthe provisions referenced in subdivision (e) of this section. The amount\nof the credit is equal to the amount determined pursuant to article\ntwenty-seven of the economic development law and shall be based on the\ncertificates of tax credit issued to eligible businesses owned by the\ntaxpayer or by an entity of which the taxpayer is a partner or\nshareholder. A taxpayer that is a partner in a partnership, member of a\nlimited liability company or shareholder in a subchapter S corporation\nshall be allowed its pro-rata share of the credit allowed for the\npartnership, limited liability company or subchapter S corporation. No\ncost or expense paid or incurred that is included as part of the\ncalculation of this credit shall be the basis of any other tax credit\nallowed under this chapter.\n  (b) Eligibility. To be eligible to claim the newspaper and broadcast\nmedia jobs tax credit the eligible businesses owned by the taxpayer or\nby an entity of which the taxpayer is a partner or shareholder shall\nhave been issued a certificate of tax credit by the department of\neconomic development pursuant to article twenty-seven of the economic\ndevelopment law, which certificate or certificates shall set forth the\namount of the credit that may be claimed for the taxable year. The\ntaxpayer shall be allowed to claim only the amount or amounts listed on\nthe certificate or certificates of tax credit issued to eligible\nbusinesses owned by the taxpayer or by an entity of which the taxpayer\nis a partner or shareholder for that taxable year.\n  (c) Tax return requirement. The taxpayer shall be required to attach\nto its tax return, in the form prescribed by the commissioner, proof of\nreceipt of its certificate or certificates of tax credit issued by the\ncommissioner of the department of economic development.\n  (d) Credit recapture. If a certificate of tax credit issued by the\ndepartment of economic development under article twenty-seven of the\neconomic development law is revoked by such department, the amount of\ncredit described in this section and claimed by the taxpayer prior to\nthat revocation shall be added back to tax in the taxable year in which\nany such revocation becomes final.\n  (e) Cross references. For application of the credit provided in this\nsection see the following provisions of this chapter:\n  (1) article 9-A: section 210-B, subdivision 60.\n  (2) article 22: section 606, subsection (ppp).\n  * NB There are two § 49's\n
N.Y. GMU Law § 24 — New York Code / Act GMU / Article 2 / Section 24
Corporation for the benefit of the city of New York
Status: in_force

§ 24. Corporation for the benefit of the city of New York. 1.\nNotwithstanding any provision of state or local law, the city of New\nYork is hereby authorized to provide for the creation of a single\nnot-for-profit corporation subject to section fourteen hundred eleven of\nthe not-for-profit corporation law, except to the extent that such\nsection is inconsistent with this section, which corporation shall have\nthe purpose, among others, of financing or refinancing costs arising\nfrom or related to the closing of Freshkills landfill.\n  2. Such corporation shall have the authority to issue and sell one or\nmore series or classes of bonds, notes and other obligations from time\nto time on behalf of the city of New York to finance or refinance costs\nrelating to the closure of the Freshkills Landfill. Such bonds, notes\nand other obligations shall not constitute a debt or indebtedness of\nsuch city and, together with the income therefrom, shall be exempt from\ntaxation, except for transfer and estate taxes.\n  3. The incorporation of TSASC, Inc. under section fourteen hundred\neleven of the not-for-profit corporation law, and the approval of\narticles of incorporation and bylaws for such corporation, are hereby\nratified and shall be deemed to meet the requirements of this section,\nnotwithstanding that such requirements were enacted after such creation\nand approval, and such corporation shall be treated for all purposes as\nif it had been formed by and pursuant to the provisions of this section.\nTSASC, Inc. shall be deemed to be the corporation formed pursuant to the\nauthorization provided in subdivision one of this section.\n  4. The provisions of this section shall not be deemed or construed to\nalter or impair any other power of the city of New York to provide for\nthe creation of not-for-profit corporations pursuant to any other\napplicable provision of law, but shall be in addition to any other such\npower.\n
N.Y. UCC Law § 2-326 — New York Code / Act UCC / Article 2 / Part 3 / Section 2-326
Sale on Approval and Sale or Return; Rights of Creditors
Status: in_force

Section 2--326. Sale on Approval and Sale or Return; Rights of\n                  Creditors.\n  (1) Unless otherwise agreed, if delivered goods may be returned by the\nbuyer even though they conform to the contract, the transaction is\n       (a) a "sale on approval" if the goods are delivered primarily for\n           use, and\n       (b) a "sale or return" if the goods are delivered primarily for\n           resale.\n  (2) Goods held on approval are not subject to the claims of the\nbuyer's creditors until acceptance; goods held on sale or return are\nsubject to such claims while in the buyer's possession.\n  (3) Any "or return" term of a contract for sale is to be treated as a\nseparate contract for sale within the statute of frauds section of this\nArticle (Section 2--201) and as contradicting the sale aspect of the\ncontract within the provisions of this Article on parol or extrinsic\nevidence (Section 2--202).\n
N.Y. RPP Law § 442-F — New York Code / Act RPP / Article 12-A / Section 442-F
Saving clause
Status: in_force

§ 442-f. Saving clause. The provisions of this article shall not apply\nto receivers, referees, administrators, executors, guardians or other\npersons appointed by or acting under the judgment or order of any court;\nor public officers while performing their official duties, or attorneys\nat law.\n
N.Y. PEN Law § 190.76 — New York Code / Act PEN / Part 3 / Title K / Article 190 / Section 190.76
Criminal use of an access device in the first degree
Status: in_force

§ 190.76 Criminal use of an access device in the first degree.\n  A person is guilty of criminal use of an access device in the first\ndegree when he knowingly uses an access device without consent of an\nowner thereof with intent to unlawfully obtain telecommunications\nservices on behalf of himself or a third person, and so obtains such\nservices with a value in excess of one thousand dollars.  As used in\nthis section, access device shall have the meaning set forth in\nsubdivision seven-c of section 155.00 of this chapter.\n  Criminal use of an access device in the first degree is a class E\nfelony.\n
N.Y. MIL Law § 301-A — New York Code / Act MIL / Article 13 / Section 301-A
Notice of benefits to persons in and persons enlisting in the state organized militia
Status: in_force

§ 301-a. Notice of benefits to persons in and persons enlisting in the\nstate organized militia. The adjutant general shall ensure the giving of\nnotice of the benefits accorded by this article and accorded by the laws\nof this state to persons in and to persons enlisting in the state\norganized militia.\n
N.Y. PVH Law § 84-A — New York Code / Act PVH / Article 4 / Section 84-A
Additional supervision and regulation of housing companies
Status: in_force

§ 84-a. Additional supervision and regulation of housing companies.\nThe commissioner shall require that every company file with him, within\nsix months of the effective date of regulations implementing this\nsection and in such format as the commissioner shall prescribe an energy\naudit report which identifies potential energy-saving building\nimprovements, including alterations, modifications and adjustments to\nthe building structure, heating, cooling, lighting and ventilation\nsystems; their relative costs; potential energy and cost savings; and\nsimple payback periods, which for the purpose of this section shall mean\nthat period of time within which the estimated cost of such\nimprovements, exclusive of the cost of capital, would be recovered from\nthe savings generated by reduced energy consumption resulting from the\nimprovements. The energy audit shall be conducted by a public utility,\nan engineer or architect licensed by the state, or the managing agent or\nother representative of the company. A copy of the energy audit report,\nrequired herein, shall be given to any duly constituted tenant's\nassociation or cooperator's advisory council and a copy shall be\navailable for inspection and copying by any individual tenant who\nrequests it. The commissioner shall also require that every company\ncertify by March thirty-first, nineteen hundred eighty-four that all\ncompatible conservation measures identified in the energy audit report\nwhich have simple payback period of one year or less have been\nimplemented; provided, however, if the commissioner determines within\nsixty days of the date the energy audit report is filed that one or more\nof such identified conservation measures cannot be implemented by March\nthirty-first, nineteen hundred eighty-four, given the projected rent\nrevenues and any other monies available to the company from reserve\nfunds, loans or grants from the state or federal government or any other\nsource, the implementation of such conservation measures shall be\nprovided for according to a schedule prescribed by the commissioner.\n
N.Y. GMU Law § 207-AA — New York Code / Act GMU / Article 10 / Section 207-AA
Disabilities of members of the uniformed force of sanitation departments in certain cities
Status: in_force

§ 207-aa. Disabilities of members of the uniformed force of sanitation\ndepartments in certain cities. Notwithstanding the provisions of any\ngeneral, special or local law or administrative code to the contrary,\nbut except for the purposes of the workers' compensation law and the\nlabor law, any condition of impairment of health caused by\nleptospirosis, resulting in total or partial disability or death to a\npaid member of the uniformed force of a paid sanitation department,\nwhere such paid member is drawn from competitive civil service lists,\nwho successfully passed a physical examination on entry into the service\nof such department, which examination failed to reveal any evidence of\nsuch condition, shall be presumptive evidence that it was incurred in\nthe performance and discharge of duty, unless the contrary be proved by\ncompetent evidence.\n
N.Y. CVP Law § 2305 — New York Code / Act CVP / Article 23 / Section 2305
Attendance required pursuant to subpoena; possession of books, records, documents or papers
Status: in_force

§ 2305. Attendance required pursuant to subpoena; possession of books,\nrecords, documents or papers. (a) When person required to attend. A\nsubpoena may provide that the person subpoenaed shall appear on the date\nstated and any recessed or adjourned date of the trial, hearing or\nexamination. If he is given reasonable notice of such recess or\nadjournment, no further process shall be required to compel his\nattendance on the adjourned date. At the end of each day's attendance,\nthe person subpoenaed may demand his fee for the next day on which he is\nto attend. If the fee is not then paid, he shall be deemed discharged.\n  (b) Subpoena duces tecum; attendance by substitute. 1. A subpoena\nduces tecum may be joined with a subpoena to testify at a trial, hearing\nor examination or may be issued separately.\n  2. Any person may comply with a subpoena duces tecum for a trial,\nhearing or examination by having the requisite books, documents or\nthings produced by a person able to identify them and testify respecting\ntheir origin, purpose and custody.\n  (c) Inspection, examination and audit of records. Whenever by statute\nany department or agency of government, or officer thereof, is\nauthorized to issue a subpoena requiring the production of books,\nrecords, documents or papers, the issuing party shall have the right to\nthe possession of such material for a period of time, and on terms and\nconditions, as may reasonably be required for the inspection,\nexamination or audit of the material. The reasonableness of such\npossession, time, terms, and conditions shall be determined with\nconsideration for, among other things, (i) the good cause shown by the\nissuing party, (ii) the rights and needs of the person subpoenaed, and\n(iii) the feasibility and appropriateness of making copies of the\nmaterial. The cost of reproduction and transportation incident thereto\nshall be borne by the person or party issuing the subpoena unless the\ncourt determines otherwise in the interest of justice.\n  (d) Subpoena duces tecum for a trial; service of subpoena and delivery\nfor records. Where a trial subpoena directs service of the subpoenaed\ndocuments to the attorney or self-represented party at the return\naddress set forth in the subpoena, a copy of the subpoena shall be\nserved upon all parties simultaneously and the party receiving such\nsubpoenaed records, in any format, shall deliver a complete copy of such\nrecords in the same format to all opposing counsel and self-represented\nparties where applicable, forthwith.\n
N.Y. EXC Law § 160-F — New York Code / Act EXC / Article 6-E / Section 160-F
Fees
Status: in_force

§ 160-f. Fees. 1. The department shall charge and collect fees not in\nexcess of the following:\n  a. An application fee for certification and licensing of two hundred\nfifty dollars.\n  b. An examination fee of fifty dollars.\n  c. A reexamination fee of fifty dollars.\n  d. A fee for recertification or renewal of license of two hundred\nfifty dollars.\n  e. A delinquent renewal fee of two hundred dollars.\n  2. Notwithstanding any other law, the department may transmit an\nannual registry fee as set by the federal appraisal subcommittee in\naccordance with 12 U.S.C. 3338 (a)(4)(A) from such individuals who\nperform or seek to perform appraisals in federally related transactions\nand to transmit a roster of such individuals to the Appraisal\nSubcommittee of the Federal Financial Institutions Examination Council\nas required by Title XI of the Financial Institutions Reform, Recovery,\nand Enforcement Act of 1989.\n  3. All fees collected under this section shall be paid into the\nbusiness and licensing services account established pursuant to section\nninety-seven-y of the state finance law.\n
N.Y. RCO Law § 136 — New York Code / Act RCO / Article 7 / Section 136
Changing number of trustees
Status: in_force

§ 136. Changing number of trustees.  An incorporated Baptist church\nmay, at an annual corporate meeting, change the number of its trustees\nto not less than three, nor more than eighteen, or classify them so that\nthe terms of one-third expire each year, provided that notice of such\nintended change or classification be included in the notice of such\nannual corporate meeting. No such change shall affect the terms of the\ntrustees then in office, and if the change reduces the number of\ntrustees, elections shall not be held to fill vacancies caused by the\nexpiration of the terms of trustees until the number of trustees equals\nthe number to which the trustees were reduced. Whenever the number of\ntrustees in office is less than the number so determined on, sufficient\nadditional trustees shall be elected to make the number of trustees\nequal to the number so determined on. The trustees so elected up to and\nincluding one-third of the number so determined on, shall be elected for\nthree years, the remainder up to and including one-third of the number\nso determined on for two years, and the remainder for one year.\n
N.Y. BNK Law § 380-E — New York Code / Act BNK / Article 10 / Section 380-E
Effect of usury
Status: in_force

§ 380-e. Effect of usury. The knowingly taking, receiving, reserving,\nor charging by a savings and loan association of interest, as computed\npursuant to this article, at a rate greater than such rate of interest\nas may be authorized by law shall be held and adjudged a forfeiture of\nthe entire interest which the note or other evidence of debt carries\nwith it, or which has been agreed to be paid thereon. If such greater\nrate of interest has been paid, the person paying the same or his legal\nrepresentatives may recover from the savings and loan association twice\nthe entire amount of the interest thus paid. Nothing in this section\nshall be deemed to affect the powers of any savings and loan association\nwith respect to loans or investments it is authorized to make.\n
N.Y. DCD Law § 193 — New York Code / Act DCD / Article 7 / Section 193
No set-off in certain cases
Status: in_force

§ 193. No set-off in certain cases. No set-off shall be allowed by\nsuch trustees, of any claim or debt, which shall have been purchased by,\nor transferred to, the person claiming its allowance, which could not\nhave been set off by him, according to the provisions of this article,\nin a suit brought by such trustees.\n
N.Y. PEP Law § 421 — New York Code / Act PEP / Article 10 / Section 421
Security interest in other property
Status: in_force

§ 421. Security interest in other property. Except as provided in\nsection four hundred ten of this chapter, no retail instalment contract\nor obligation, or any other agreement executed in connection therewith,\nmay provide for the creation of a security interest in any real or\npersonal property, other than the goods which are the subject matter of\nthe retail instalment sale, to secure the payment of the time sale price\nunder such contract or obligation or any part thereof; provided,\nhowever, that the prohibition of this section shall not be applicable to\nthe taking of a mortgage upon real property to secure the payment of the\ntime sale price of a retail instalment obligation, if the transaction\nwhich gave rise to such obligation was the furnishing of goods or\nservices for repairs, alterations or improvements upon, or in connection\nwith buildings upon, such real property. Any such prohibited provision\nshall be void but shall not otherwise affect the validity of the\ncontract or obligation.\n