FrankGoortani/open-us-law huggingface dataset:
N.Y. UCC Law § 5-109 — New York Code / Act UCC / Article 5 / Section 5-109
Fraud and forgery
Status: in_force

Section 5--109. Fraud and forgery.\n  (a) If a presentation is made that appears on its face strictly to\ncomply with the terms and conditions of the letter of credit, but a\nrequired document is forged or materially fraudulent, or honor of the\npresentation would facilitate a material fraud by the beneficiary on the\nissuer or applicant:\n       (1) The issuer shall honor the presentation, if honor is demanded\n           by:\n           (i) a nominated person who has given value in good faith and\n               without notice of forgery or material fraud,\n          (ii) a confirmer who has honored its confirmation in good\n               faith,\n         (iii) a holder in due course of a draft drawn under the letter\n               of credit which was taken after acceptance by the issuer\n               or nominated person, or\n          (iv) an assignee of the issuer's or nominated person's\n               deferred obligation that was taken for value and without\n               notice of forgery or material fraud after the obligation\n               was incurred by the issuer or nominated person; and\n       (2) The issuer, acting in good faith, may honor or dishonor the\n           presentation in any other case.\n  (b) If an applicant claims that a required document is forged or\nmaterially fraudulent or that honor of the presentation would facilitate\na material fraud by the beneficiary on the issuer or applicant, a court\nof competent jurisdiction may temporarily or permanently enjoin the\nissuer from honoring a presentation or grant similar relief against the\nissuer or other persons only if the court finds that:\n       (1) The relief is not prohibited under the law applicable to an\n           accepted draft or deferred obligation incurred by the issuer;\n       (2) A beneficiary, issuer, or nominated person who may be\n           adversely affected is adequately protected against loss that\n           it may suffer because the relief is granted;\n       (3) All of the conditions to entitle a person to the relief under\n           the law of this state have been met; and\n       (4) On the basis of the information submitted to the court, the\n           applicant is more likely than not to succeed under its claim\n           of forgery or material fraud and the person demanding honor\n           does not qualify for protection under paragraph (1) of\n           subsection (a) of this section.\n
N.Y. FCT Law § 622 — New York Code / Act FCT / Article 6 / Part 1 / Section 622
Definition of "fact-finding hearing"
Status: in_force

§ 622. Definition of "fact-finding hearing". When used in this part,\n"fact-finding hearing" means in the case of a petition for the\ncommitment of the guardianship and custody of a child, a hearing to\ndetermine whether the allegations required by paragraphs (a), (b), (c),\nand (d) of subdivision one of section six hundred fourteen are supported\nby clear and convincing proof.\n
N.Y. PBG Law § 16 — New York Code / Act PBG / Article 2 / Section 16
Powers and duties of commissioner with respect to state projects
Status: in_force

§ 16. Powers and duties of commissioner with respect to state\nprojects.  With respect to any state project, the commissioner shall\nhave the following duties and powers: 1. To order such repairs of the\nbuildings and structures constituting the project as may be necessary.\n  2. To order the authority or the municipality if the project is\nundertaken or operated by the municipality, to do such acts as may be\nnecessary to comply with the provisions of this chapter, or any rule or\nregulation adopted by the commissioner, or the terms of the contract for\nstate aid, or to refrain from doing any act in violation of any of the\nforegoing.\n  3. To enforce his orders by mandamus or injunction in a summary\nproceeding.\n  4. To permit the consolidation of two or more approved state projects\nor the extension or amendment thereof or the consolidation of any\napproved state project with a proposed project. In any such case, the\nconsolidated state project shall be treated as an original state project\nand an application shall be submitted as in the case of an original\nstate project and the rents and costs of the consolidated project may be\naveraged. Consolidation hereunder may be permitted regardless of whether\nthe state projects to be consolidated are contiguous or adjacent to each\nother. Such contracts as may have been made with regard to approved\nstate projects may, upon consolidation of the projects, also be\nconsolidated and contracts for consolidated state projects shall be\nsubject to all the provisions of this chapter, governing original state\nprojects.\n
N.Y. NAV Law § 31 — New York Code / Act NAV / Article 3 / Section 31
Excavation, fill or other modification of water course
Status: in_force

§ 31. Excavation, fill or other modification of water course. No\nperson or local public corporation shall excavate or place fill in the\nnavigable waters of the state without first obtaining a permit therefor\nin conformity with the provisions of section 15-0505 of the\nenvironmental conservation law.\n
N.Y. PEN Law § 200.50 — New York Code / Act PEN / Part 3 / Title L / Article 200 / Section 200.50
Bribe receiving for public office
Status: in_force

§ 200.50 Bribe receiving for public office.\n  A public servant or a party officer is guilty of bribe receiving for\npublic office when he solicits, accepts or agrees to accept any money or\nother property from another person upon an agreement or understanding\nthat some person will or may be appointed to a public office or\ndesignated or nominated as a candidate for public office.\n  Bribe receiving for public office is a class D felony.\n
N.Y. COM Law § 154 — New York Code / Act COM / Article 5 / Section 154
State marketing internet website
Status: in_force

§ 154. State marketing internet website. 1. The department shall\nmaintain an internet website designed to facilitate the marketing\npurposes in this article.\n  2. The internet website shall contain a design that facilitates the\npromotional objectives required by article five-a of this chapter and\nthis article.\n  3. The internet website shall also contain an area accessible, free of\ncharge, to tourism promotion agencies, conventions and business bureaus,\nlocal governments, and any private, not-for-profit or commercial\nbusiness domiciled in New York state, which contains directly, or\nmaintains active links to, the data, including but not limited to:\n  (a) labor statistics maintained by the New York state department of\nlabor;\n  (b) tax receipt data maintained by the New York state department of\ntaxation and finance;\n  (c) a monthly summary of tourism industry statistics maintained by a\nnational tourism association known as the Tourism Industry Association,\nInc.;\n  (d) all reports and data required to be produced and maintained by\nthis section; and\n  (e) any other data deemed appropriate.\n  4. The department shall cause to be produced annually an independent\nstudy analyzing the effectiveness of the internet website. The\ndepartment shall submit the study in accordance with the provisions of\nsubdivision three of section one hundred fifty-one of this article.\n
N.Y. EDP Law § 706 — New York Code / Act EDP / Article 7 / Section 706
Pending actions and proceedings
Status: in_force

§ 706. Pending actions and proceedings. No action or proceeding\npending at the time when this chapter takes effect, shall be affected by\nany provision of this chapter, and the same may be prosecuted as if this\nchapter had not been enacted.\n
N.Y. ISC Law § 329 — New York Code / Act ISC / Article 3 / Section 329
Certificates as evidence; affirmation of documents and testimony
Status: in_force

§ 329. Certificates as evidence; affirmation of documents and\ntestimony. (a) Every certificate, assignment, conveyance or other paper\nexecuted by the superintendent or one of his deputies pursuant to law\nand sealed with the official seal of the department shall be received as\nevidence in any judicial or other proceeding and may be recorded in the\nproper recording offices.\n  (b) Any charter, or any certificate or other instrument supplemental\nto or amendatory of the charter, of an insurer filed in the office of\nthe superintendent and containing statements of fact required or\npermitted by law to be contained therein, shall be received in all\ncourts, public offices and official bodies as prima facie evidence of\nsuch facts and of the execution of such instrument.\n  (c) Whenever by the laws of any jurisdiction other than this state,\nany certificate by any officer in such jurisdiction or a copy of any\ninstruments certified or exemplified by any such officer, may be\nreceived as prima facie evidence of the incorporation, existence or\ncapacity of any corporation incorporated in such jurisdiction, or\nclaiming so to be, such certificate when exemplified, or such copy of\nsuch instrument when exemplified shall be received in all courts, public\noffices and official bodies of this state, as prima facie evidence with\nthe same force as in such jurisdiction. Such certificate or certified\ncopy of such instrument shall be so received, without being exemplified,\nif it is certified by the secretary of state, or official performing the\nequivalent function as to corporate records of such jurisdiction.\n  (d) Notwithstanding any provision of this chapter requiring an oath as\nto the proof of a document or the truth of testimony, the affiant may,\nif his religious beliefs cause him to object to giving an oath, affirm\nthe document or his testimony.\n
N.Y. DCD Law § 105 — New York Code / Act DCD / Article 4 / Section 105
Proceedings on return of order
Status: in_force

§ 105. Proceedings on return of order. The provisions of sections\nsixty-seven, sixty-eight, sixty-nine, seventy, seventy-one,\nseventy-three, and seventy-four of this chapter apply to a special\nproceeding, taken as prescribed in this article.\n
N.Y. CVP Law § 1012 — New York Code / Act CVP / Article 10 / Section 1012
Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue
Status: in_force

§ 1012. Intervention as of right; notice to attorney-general, city,\ncounty, town or village where constitutionality in issue. (a)\nIntervention as of right. Upon timely motion, any person shall be\npermitted to intervene in any action:\n  1. when a statute of the state confers an absolute right to intervene;\nor\n  2. when the representation of the person's interest by the parties is\nor may be inadequate and the person is or may be bound by the judgment;\nor\n  3. when the action involves the disposition or distribution of, or the\ntitle or a claim for damages for injury to, property and the person may\nbe affected adversely by the judgment.\n  (b) Notice to attorney-general, city, county, town or village where\nconstitutionality in issue. 1. When the constitutionality of a statute\nof the state, or a rule and regulation adopted pursuant thereto is\ninvolved in an action to which the state is not a party, the\nattorney-general, shall be notified and permitted to intervene in\nsupport of its constitutionality.\n  2. When the constitutionality of a local law, ordinance, rule or\nregulation of a city, county, town or village is involved in an action\nto which the city, county, town or village that enacted the provision is\nnot a party, such city, county, town or village shall be notified and\npermitted to intervene in support of its constitutionality.\n  3. The court having jurisdiction in an action or proceeding in which\nthe constitutionality of a state statute, local law, ordinance, rule or\nregulation is challenged shall not consider any challenge to the\nconstitutionality of such state statute, local law, ordinance, rule or\nregulation unless proof of service of the notice required by this\nsubdivision is filed with such court.\n  (c) Notice to comptroller of the state of New York where public\nretirement benefits are in issue. Where public retirement benefits,\npaid, payable, claimed, or sought to be paid by a state retirement\nsystem or any other retirement system established for public employees\nwithin this state or any subdivision thereof, or the interpretation of\nany provisions of law or rules governing any such retirement system or\nthe operation thereof, are involved in an action to which the\ncomptroller of the state of New York is not a party, the court shall\nnotify said comptroller, who shall be permitted, in his discretion, to\nintervene in such action or to file a brief amicus curiae.\n
N.Y. EPT Law § 7-6.5 — New York Code / Act EPT / Article 7 / Part 6 / Section 7-6.5
Transfer authorized by will or trust
Status: in_force

§ 7-6.5 Transfer authorized by will or trust\n  (a) A personal representative or trustee may make an irrevocable\ntransfer pursuant to 7-6.9 to a custodian for the benefit of a minor as\nauthorized in the governing will or trust.\n  (b) If the testator or settler has nominated a custodian under 7-6.3\nto receive the custodial property, the transfer must be made to that\nperson.\n  (c) If the testator or settler has not nominated a custodian under\n7-6.3, or all persons so nominated as custodian die before the transfer\nor are unable, decline, or are ineligible to serve, the personal\nrepresentative or the trustee, as the case may be, shall designate the\ncustodian from among those eligible to serve as custodian for property\nof that kind under paragraph (a) of 7-6.9.\n
N.Y. PTR Law § 93 — New York Code / Act PTR / Article 8 / Section 93
Character of limited partner's contribution
Status: in_force

§ 93. Character of limited partner's contribution.  The contributions\nof a limited partner may be cash or other property, but not services.\n
N.Y. CPL Law § 570.22 — New York Code / Act CPL / Part 3 / Title Q / Article 570 / Section 570.22
Authority of arresting officer
Status: in_force

§ 570.22  Authority of arresting officer.\n  Every such police officer or other person empowered to make the\narrest, shall have the same authority, in arresting the accused to\ncommand assistance therein, as police officers have by law in the\nexecution of any criminal process directed to them, with like penalties\nagainst those who refuse their assistance.\n
N.Y. TAX Law § 290 — New York Code / Act TAX / Article 13 / Section 290
Imposition of tax
Status: in_force

§ 290. Imposition of tax. (a) General. For every taxable year or part\nthereof, every organization described in paragraph two of subsection (a)\nof section five hundred eleven of the internal revenue code of nineteen\nhundred fifty-four and every trust described in paragraph two of\nsubsection (b) of section five hundred eleven of such code carrying on\nan unrelated trade or business in New York shall pay a tax at the rate\nof nine per centum on its unrelated business taxable income for such\nyear, or on the portion thereof allocated to this state, as provided in\nsection two hundred ninety-three, or two hundred fifty dollars,\nwhichever is greater.\n  (b) Unrelated trade or business carried on by a receiver. Any\nreceiver, referee, trustee, assignee or fiduciary, or any officer or\nagent appointed by any court, who carries on the unrelated trade or\nbusiness of an organization or trust described in either paragraph two\nof subsection (a) or paragraph two of subsection (b) of section five\nhundred eleven of the internal revenue code of nineteen hundred\nfifty-four shall be subject to the tax imposed by this article in the\nsame manner and to the same extent as if the unrelated trade or business\nwere carried on by the agents, officers or trustees of such organization\nor trust.\n  (c) Exemptions. (1) Every corporation liable to tax under article\nnine-a of this chapter shall not be subject to tax under this article.\n  (2) Every organization whose sole unrelated trade or business carried\non in New York consists of activities constituting an unrelated trade or\nbusiness solely by virtue of section 501(m)(2)(A) of the internal\nrevenue code shall not be subject to tax under this article.\n  (3) Any income derived from the conduct of games of chance or from\nrental of premises for the conduct of games of chance pursuant to a\nlicense granted under article nine-A of the general municipal law shall\nnot be subject to tax under this article.\n
N.Y. BNK Law § 612-A — New York Code / Act BNK / Article 13 / Section 612-A
Payment of wages
Status: in_force

§ 612-a.  Payment of wages. All wages actually owing to the employees\nof a banking organization in the possession of the superintendent for\nservices rendered within three months prior to the date when possession\nwas taken, not exceeding two thousand dollars to each employee, shall be\npaid prior to the payment of every other debt or claim, and in the\ndiscretion of the superintendent may be paid as soon as practicable\nafter taking possession, except that at all times the superintendent\nshall reserve such funds as will in his opinion be sufficient for the\nexpenses of administration.\n
N.Y. SCT Law § 71 — New York Code / Act SCT / Article 2 / Section 71
Bill of taxes to show arrears
Status: in_force

§ 71. Bill of taxes to show arrears. There shall be a ruled column for\narrears in every tax bill rendered for taxes for lots on which said\narrears or assessments may be due, or may have been sold and are still\nredeemable, in which shall be written opposite the entry of the\ndescription of said lot or parcel of land "Arrears" and at the bottom of\nsaid bill shall be printed "Whenever any tax or assessment shall remain\nunpaid for six months from February first, the property will be sold to\nsatisfy such arrears of taxes or assessment, and all taxes and\nassessments up to a day to be named in the advertisement of sale. The\namount of arrears may be obtained from and paid to the county\ntreasurer."\n
N.Y. SCP Law § 1752 — New York Code / Act SCP / Article 17-A / Section 1752
Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed...
Status: in_force

§ 1752. Petition for appointment; contents\n  The petition for the appointment of a guardian shall be filed with the\ncourt on forms to be prescribed by the state chief administrator of the\ncourts. Such petition for a guardian of a person who is intellectually\ndisabled or a person who is developmentally disabled shall include, but\nnot be limited to, the following information:\n  1. the full name, date of birth and residence of the person who is\nintellectually disabled or a person who is developmentally disabled;\n  2. the name, age, address and relationship or interest of the\npetitioner to the person who is intellectually disabled or a person who\nis developmentally disabled;\n  3. the names of the parents, children, adult siblings if eighteen\nyears of age or older, the spouse and primary care physician if other\nthan a physician having submitted a certification with the petition, if\nany, of the person who is intellectually disabled or a person who is\ndevelopmentally disabled and whether or not they are living, and if\nliving, their addresses and the names and addresses of the nearest\ndistributees of full age who are domiciliaries, if both parents are\ndead;\n  4. the name and address of the person with whom the person who is\nintellectually disabled or a person who is developmentally disabled\nresides if other than the parents or spouse;\n  5. the name, age, address, education and other qualifications, and\nconsent of the proposed guardian, standby and alternate guardian, if\nother than the parent, spouse, adult child if eighteen years of age or\nolder or adult sibling if eighteen years of age or older, and if such\nparent, spouse or adult child be living, why any of them should not be\nappointed guardian;\n  6. the estimated value of real and personal property and the annual\nincome therefrom and any other income including governmental\nentitlements to which the person who is intellectually disabled or\nperson who is developmentally disabled is entitled; and\n  7. any circumstances which the court should consider in determining\nwhether it is in the best interests of the person who is intellectually\ndisabled or person who is developmentally disabled to not be present at\nthe hearing if conducted.\n
N.Y. NAV Law § 58 — New York Code / Act NAV / Article 4 / Part 2 / Section 58
Number of passengers
Status: in_force

§ 58. Number of passengers. It shall not be lawful to take on board of\nany public vessel a greater number of passengers than the number allowed\nin the certificate of inspection and for every violation of this\nprovision, the master, pilot, joint pilot and engineer or owner shall be\nguilty of a misdemeanor punishable as set forth in section\nseventy-three-b of this article.\n
N.Y. NPC Law § 1506-B — New York Code / Act NPC / Article 15 / Section 1506-B
Transfer of lands of Valley View Rural Cemetery
Status: in_force

§ 1506-b. Transfer of lands of Valley View Rural Cemetery.\n  Notwithstanding any other provision of law to the contrary, the board\nof trustees of the Valley View Rural Cemetery Association in the town of\nDover Plains, New York, may by resolution of such board, sell, lease or\ntransfer any portion of the lands of Valley View Rural Cemetery to the\nparish of St. Charles Borromeo in the town of Dover Plains, New York,\nfor cemetery purposes for the adjoining and contiguous cemetery of the\nparish of St. Charles Borromeo.\n
N.Y. PBH Law § 2446 — New York Code / Act PBH / Article 24-A / Section 2446
Rules and regulations
Status: in_force

§ 2446. Rules and regulations.  The commissioner shall have the power\nto promulgate such rules and regulations as shall be necessary and\nproper to effectuate the purposes of this article.\n
N.Y. PBL Law § 18 — New York Code / Act PBL / Article 2 / Section 18
Expenses chargeable to special funds
Status: in_force

§ 18. Expenses chargeable to special funds.  All expenses of surveys,\nappraisements or other expenses attendant on the sale of any lands\nbelonging to any of the special funds of the state, shall be chargeable\non and paid out of the funds, respectively, to which such lands belong.\n
N.Y. UCC Law § 1-301 — New York Code / Act UCC / Article 1 / Part 3 / Section 1-301
Territorial Applicability; Parties' Power to Choose Applicable Law
Status: in_force

Section 1--301. Territorial Applicability; Parties' Power to Choose\n                  Applicable Law.\n  (a) Except as otherwise provided in this section, when a transaction\nbears a reasonable relation to this state and also to another state or\nnation, the parties may agree that the law either of this state or of\nsuch other state or nation shall govern their rights and duties so long\nas none of the parties to the transaction is a consumer and a resident\nof New York. Where a consumer is a resident of the state of New York,\nNew York state law shall apply.\n  (b) In the absence of an agreement effective under subsection (a), and\nexcept as provided in subsection (c), this act applies to transactions\nbearing an appropriate relation to this state.\n  (c) If one of the following provisions of this act specifies the\napplicable law, that provision governs and a contrary agreement is\neffective only to the extent permitted by the law so specified:\n  (1) Section 2--402;\n  (2) Sections 2-A--105 and 2-A--106;\n  (3) Section 4--102;\n  (4) Section 4-A--507;\n  (5) Section 5--116;\n  (6) Section 8--110;\n  (7) Sections 9--301 through 9--307; and\n  (8) Section 12--107.\n
N.Y. HAY Law § 186 — New York Code / Act HAY / Article 8 / Section 186
Highway in two or more towns
Status: in_force

§ 186. Highway in two or more towns. When application is made to lay\nout, alter or discontinue a highway located in two or more towns, all\nnotices or proceedings required to be served upon the town\nsuperintendents shall be served upon the town superintendent of each\ntown; and the supreme court shall determine the amount of damages to be\npaid by each town.\n