FrankGoortani/open-us-law huggingface dataset:
N.Y. SCP Law § 1420 — New York Code / Act SCP / Article 14 / Section 1420
Proceeding for construction of will; effect of decree 1
Status: in_force

§ 1420. Proceeding for construction of will; effect of decree\n  1.  A fiduciary or a person interested in obtaining a determination as\nto the validity, construction or effect of any provision of a will may\npresent to the court in which the will was probated a petition showing\nthe interest of the petitioner, the names and post-office addresses of\nthe other persons interested, the particular portion of the will\nconcerning which petitioner requests the determination of the court and\nthe necessity for construction.  If the application be entertained\nprocess shall issue to all persons interested in the question to be\npresented to show cause why the determination should not be made.  On\nthe return of process the court shall take such proof and shall make\nsuch decree as justice requires.\n  2.  If in any proceeding for the judicial settlement of an account of\na fiduciary any question is presented by any party to the proceeding\nrespecting the propriety of any debit or credit in the account, the\ndetermination of which involves the validity, construction or effect of\nany portion of the will which requires such construction the\npresentation of the question shall have the same effect as if the\npetition had expressly requested a construction of the particular\nportion of the will involved in such determination.\n  3.  If a party in a proceeding for the probate of a will requests a\ndetermination of the validity, construction or effect of any provision\ncontained in the will process shall issue to all persons interested in\nthe determination who have not appeared in the proceeding and notice\nshall be given in such manner as directed by the court to all those\npersons who have so appeared therein.  Upon the entry of a decree\nadmitting the will to probate the court may determine the question of\nconstruction or in its discretion may admit the will to probate and\nreserve the question for future consideration and decree.\n  4.  A decree in any proceeding authorized in this section or a decree\nsettling an account of a fiduciary or a decree on probate which\nconstrues or interprets any portion of a will, unless reversed or\nmodified on appeal, shall thereafter be binding and conclusive in all\ncourts upon all parties to the proceeding and upon their successors in\ninterest as to all questions of construction or interpretation of the\nwill therein or thereby determined and of all rights and obligations of\nthe parties involved in the construction, depending thereon, or\nresulting therefrom.\n  5.  The provisions of section three hundred fifteen shall apply to a\nproceeding under this section.\n
N.Y. AGM Law § 333 — New York Code / Act AGM / Article 25-C / Section 333
Short title
Status: in_force

§ 333. Short title. This article shall be known and may be cited as\nthe "farm employer overtime credit program."\n
N.Y. CAL Law § 76 — New York Code / Act CAL / Article 8 / Section 76
Regulations with respect to clearance
Status: in_force

§ 76. Regulations with respect to clearance. No commercial float shall\nproceed beyond the place to which it is cleared, nor unload any of its\ncargo, before or after its arrival, at the place from which such\narticles are cleared, nor proceed beyond such place until the master\nthereof delivers the clearance of such float or articles to the person\ndesignated by the corporation to receive the same, at the place for\nwhich they are cleared. If there is no canal official at such place,\nthen to the canal official whose office shall be passed by the float in\nthe order of its voyage, and receive permission from such canal official\nto proceed to the place to which it is cleared.\n
N.Y. RPT Law § 2010 — New York Code / Act RPT / Article 20 / Section 2010
Pending actions and proceedings
Status: in_force

§ 2010.  Pending actions and proceedings.  No action or proceeding\npending at the time when this chapter shall take effect shall be\naffected by any provision of this chapter, but the same may be\nprosecuted, defended or enforced as if this chapter had not been\nenacted.\n
N.Y. RCO Law § 225-O — New York Code / Act RCO / Article 11-A / Section 225-O
Saving clause
Status: in_force

§ 225-o. Saving clause. Article ten of this chapter is not applicable\nto corporations of the free Methodist church incorporated under the\nprovisions of this article.\n
N.Y. PBB Law § 61 — New York Code / Act PBB / Article 4-B / Section 61
Definitions
Status: in_force

§ 61. Definitions.  When used in this article, unless a different\nmeaning clearly appears from the context, the terms listed below shall\nhave the following meanings:\n  1. "Commissioner" means the commissioner of general services.\n  2. "Historic and/or cultural place or property" means any building,\nstructure, district, area or site including underground and underwater\nsites, that is of significance in the history, architecture, archeology\nor culture of the state, its communities, or the nation.\n  3. "National Register" means the national register of historic places\nauthorized by the National Historic Preservation Act of 1966.\n  4. "Registered property" means any historic place or property within\nthe boundaries of the state nominated by the commissioner of parks and\nrecreation for listing on the national register of historic places\nand/or listed on the state register of historic places.\n  5.  "State agency" means any state department, officer, board,\ncommission, agency, or a public authority or public benefit corporation\nat least one of whose members is appointed by the governor.\n  6.  "State register" means the state register of historic places\nestablished pursuant to section 14.07 of article fourteen of the parks\nand recreation law.\n
N.Y. RPP Law § 382 — New York Code / Act RPP / Article 12 / Section 382
Notice of petition and of pendency of proceeding
Status: in_force

§ 382. Notice of petition and of pendency of proceeding. At the time\nwhen the petition for registration of the title of any property is\nfiled, the petitioner shall also cause to be filed a notice thereof in\nthe offices of the county clerk and of the registrar of each county\nwhere the property is situated, which notice shall be made and filed in\nthe manner prescribed for a notice of pendency of a civil action, and\nshall be indexed against the names of the petitioner and all known\nadverse parties or claimants except the owners of abutting properties,\nand shall constitute notice of the pendency of the petition and of the\nproceeding, and shall be governed in all respects by the same rules as a\nnotice of pendency of a civil action, except, that, if the petition be\ndismissed, or the proceeding discontinued, or in any way terminated\nother than by the registration of the title, no order for the\ncancellation of such notice shall be made by the court until it is duly\nand fully proved to the court that the provisions of section four\nhundred and ten of this chapter have been fully complied with and\nperformed. The notice of pendency of proceeding filed with the\nregistrar, as provided in this section shall also be noted on the\n"tickler certificate book" as a petition and said notice shall be\ntreated as, and take the place of the petition in all cases in which\nthis act requires the registrar to deal with the petition, and shall be\ngiven a petition number, beginning with number one for the first\npetition filed and so on in numerical order, and also a serial number.\nIn any place, however, where there is a block or lot system of indexing\nin use, the said notice shall be indexed according to such system.\n
N.Y. GBS Law § 396-KK — New York Code / Act GBS / Article 26 / Section 396-KK
Sale of video game consoles
Status: in_force

§ 396-kk. Sale of video game consoles. 1. For purposes of this\nsection:\n  (a) "Video game" means an interactive electronic amusement device,\ndisk, cartridge or other object that utilizes a computer, microprocessor\nor similar electronic circuitry and its own monitor, a television set or\na computer monitor, and such device or object is designed to allow a\nperson to manipulate the images presented by such device or object.\n  (b) "Video game console" means an interactive electronic amusement\ndevice that uses a dedicated computer, microprocessor or similar\nelectronic circuitry and its own monitor, a television set or a computer\nmonitor to enable a person to interact with a video game. Such terms\nshall not include a personal computer, nor shall they include a handheld\ndevice in which such entire device, including the viewing screen, is\ndesigned to be held in one's hand.\n  2. Every new video game console sold at retail in this state shall\ninclude a mechanism, device or control system that allows an owner,\nthrough the use of a personal identification number, password or similar\ntechnology, to prevent the display on such video game console of video\ngames, or portions thereof, containing certain content or having certain\nratings, as such term is defined in subdivision two of section six\nhundred eleven of this chapter.\n  3. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\nsection has occurred, the court may impose a civil penalty of not more\nthan five hundred dollars for a single violation and not more than fifty\nthousand dollars for multiple violations resulting from a single act or\nincident. In connection with any such proposed application, the attorney\ngeneral is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n
N.Y. GBS Law § 89-HH — New York Code / Act GBS / Article 8-A / Section 89-HH
Enforcement by attorney general
Status: in_force

§ 89-hh. Enforcement by attorney general. In addition to the other\nremedies provided, whenever there shall be a violation of this article,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction by a special proceeding to issue an injunction, and upon\nnotice to the defendant of not less than five days, to enjoin and\nrestrain the continuance of such violations; and if it shall appear to\nthe satisfaction of the court or justice that the defendant has, in\nfact, violated this article, an injunction may be issued by such court\nor justice, enjoining and restraining any further violation, without\nrequiring proof that any person has, in fact, been injured or damaged\nthereby. In any such proceeding, the court may make allowances to the\nattorney general as provided in paragraph six of subdivision (a) of\nsection eighty-three hundred three of the civil practice law and rules.\nWhenever the court shall determine that a violation of this article has\noccurred, the court may impose a civil penalty of not more than one\nthousand dollars for each violation. Provided, however, a process server\nor agency may not be held liable for penalty in any action brought under\nthis section for violation of this article, if the process server or\nagency shows by a preponderance of the evidence that the violation was\nnot intentional and resulted from a bona fide error, notwithstanding the\nmaintenance of procedures reasonably adopted to avoid any such error.\nExamples of a bona fide error include, but are not limited to, clerical\ncalculation, computer malfunction and programming and printing errors.\nIn connection with any such proposed application, the attorney general\nis authorized to take proof and make a determination of the relevant\nfacts and to issue subpoenas in accordance with the civil practice law\nand rules.\n
N.Y. RSS Law § 1310 — New York Code / Act RSS / Article 24 / Section 1310
Definitions
Status: in_force

§ 1310. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context:\n  a. "Retirement system" shall mean the New York state and local\nemployees' retirement system and the New York state teachers' retirement\nsystem.\n  b. "Eligible employee", subject to the limitations of section thirteen\nhundred twelve of this article, shall mean a member of a retirement\nsystem who first became a member of such system on or after April first,\ntwo thousand twelve who is identified as eligible to receive the benefit\nenhancements provided for in this article upon election by the state of\nNew York pursuant to section thirteen hundred eleven of this article.\n
N.Y. JUD Law § 773 — New York Code / Act JUD / Article 19 / Section 773
Amount of fine
Status: in_force

§ 773. Amount of fine. If an actual loss or injury has been caused to\na party to an action or special proceeding, by reason of the misconduct\nproved against the offender, and the case is not one where it is\nspecially prescribed by law, that an action may be maintained to recover\ndamages for the loss or injury, a fine, sufficient to indemnify the\naggrieved party, must be imposed upon the offender, and collected, and\npaid over to the aggrieved party, under the direction of the court. The\npayment and acceptance of such a fine constitute a bar to an action by\nthe aggrieved party, to recover damages for the loss or injury.\n  Where it is not shown that such an actual loss or injury has been\ncaused, a fine may be imposed, not exceeding the amount of the\ncomplainant's costs and expenses, and two hundred and fifty dollars in\naddition thereto, and must be collected and paid, in like manner. A\ncorporation may be fined as prescribed in this section.\n  If a fine is imposed to punish an offense committed with respect to an\nenforcement procedure under the civil practice law and rules or pursuant\nto section two hundred forty-five of the domestic relations law, and it\nhas not been shown that such an actual loss or injury has been caused\nand the defendant has not appeared upon the return of the application,\nthe order imposing fine, if any, shall include a provision granting the\noffender leave to purge himself of the contempt within ten days after\npersonal service of the order by appearing and satisfying the court that\nhe is unable to pay the fine or, in the discretion of the court, by\ngiving an undertaking in a sum to be fixed by the court conditioned upon\npayment of the fine plus costs and expenses and his appearance and\nperformance of the act or duty, the omission of which constitutes the\nmisconduct for which he is to be punished. The order may also include a\nprovision committing the offender to prison until the fine plus costs\nand expenses are paid, or until he is discharged according to law. Upon\na certified copy of the order imposing fine, together with proof by\naffidavit that more than ten days have elapsed since personal service\nthereof upon the offender, and that the fine plus costs and expenses has\nnot been paid, the court may issue without notice a warrant directed to\nthe sheriff or other enforcement officer of any jurisdiction in which\nthe offender may be found. The warrant shall command such officer to\narrest the offender forthwith and bring him before the court, or a judge\nthereof, to be committed or for such other disposition as the court in\nits discretion shall direct.\n
N.Y. LAB Law § 16 — New York Code / Act LAB / Article 2 / Section 16
Vacancies and removals
Status: in_force

§ 16. Vacancies and removals. If a vacancy shall occur or exist in the\noffice of the industrial commissioner it shall be filled by appointment\nby the governor, by and with the advice and consent of the senate, for a\nterm expiring with that of the governor by whom the appointment was\nmade. The governor may remove the commissioner in the manner provided by\nthe public officers law.\n
N.Y. ISC Law § 7418 — New York Code / Act ISC / Article 74 / Section 7418
Service of order to show cause
Status: in_force

§ 7418. Service of order to show cause. (a) The order to show cause\nand the papers upon which it is granted shall be served upon the insurer\nnamed therein by delivering true copies to, and leaving them with:\n  (1) If a domestic corporation: its president or other head, the\nsecretary or clerk to the corporation, the cashier, the treasurer or any\ndirector or managing agent.\n  (2) If a foreign or alien corporation: its president, vice-president,\ntreasurer or assistant treasurer, secretary or assistant secretary, or\nany director or managing agent or, if the corporation has no such\nofficers within this state, to the officer performing corresponding\nfunctions.\n  (3) If a voluntary, unincorporated or a joint stock association, order\nor society: the president, vice-president, treasurer, director, trustee\nor other officer or a member with managerial powers.\n  (4) If a reciprocal insurer or Lloyds underwriters: the duly\ndesignated attorney-in-fact.\n  (b) When it is satisfactorily proved by the verified report of an\nexaminer to the superintendent or by affidavit of any other person\nfamiliar with the facts that the persons upon whom service is required\nto be made have departed from the state or keep themselves concealed\ntherein or have resigned from their offices within forty days prior to\nthe application for an order to show cause under the provision of this\nsection, or that service cannot be made immediately by the exercise of\nreasonable diligence, such order may provide for service in such manner\nas the court directs.\n
N.Y. CPL Law § 190.70 — New York Code / Act CPL / Part 2 / Title I / Article 190 / Section 190.70
Grand jury; direction to file prosecutor's information and related matters
Status: in_force

§ 190.70 Grand jury; direction to file prosecutor's information and\n             related matters.\n  1.  Except in a case submitted to it pursuant to the provisions of\nsection 170.25, a grand jury may direct the district attorney to file in\na local criminal court a prosecutor's information charging a person with\nan offense other than a felony when (a) the evidence before it is\nlegally sufficient to establish that such person committed such offense,\nand (b) competent and admissible evidence before it provides reasonable\ncause to believe that such person committed such offense.  In such case,\nthe grand jury must, through its foreman or acting foreman, file such\ndirection with the court by which it was impaneled.\n  2.  Such direction must be signed by the foreman or acting foreman.\nIt must contain a plain and concise statement of the conduct\nconstituting the offense to be charged, equivalent in content and\nprecision to the factual statement required to be contained in an\nindictment pursuant to subdivision seven of section 200.50.  Subject to\nthe rules prescribed in sections 200.20 and 200.40 governing joinder in\na single indictment of multiple offenses and multiple defendants, such\ngrand jury direction may, where appropriate, specify multiple offenses\nof less than felony grade and multiple defendants, and may direct that\nthe prospective prosecutor's information charge a single defendant with\nmultiple offenses, or multiple defendants jointly with either a single\noffense or multiple offenses.\n  3.  Upon the filing of such grand jury direction, the court must,\nunless such direction is insufficient on its face, issue an order\napproving such direction and ordering the district attorney to file such\na prosecutor's information in a designated local criminal court having\ntrial jurisdiction of the offense or offenses in question.\n
N.Y. PVH Law § 502 — New York Code / Act PVH / Article 9 / Section 502
Condemnation of excess property
Status: in_force

§ 502. Condemnation of excess property. A municipality may take\nprivate property for a limited-profit housing company by condemnation\nfor the purpose of providing low rent housing for families of low\nincome, or for the clearance, replanning, reconstruction and\nrehabilitation of areas, or for both of such purposes, and for\nrecreational and other facilities incidental or appurtenant thereto, but\nin excess of that required for public use after such purposes shall have\nbeen accomplished. A municipality or a limited-profit housing company\nmay improve and utilize such excess property wholly or partly for any\nother public purpose, or may lease or sell such excess property with\nrestrictions to preserve and protect the project or projects.\nProceedings to acquire such excess property may be brought by the\nmunicipality for a limited-profit housing company in the same manner as\nfor the real property required for the project and may be included in\nthe proceedings for the acquisition of real property required for the\nproject.\n
N.Y. SCP Law § 1403 — New York Code / Act SCP / Article 14 / Section 1403
Persons to be served; content of process 1
Status: in_force

§ 1403. Persons to be served; content of process\n  1.  In a proceeding for the probate of a will process must issue to\nthe following persons if not petitioners:\n  (a)  The distributees of the testator.\n  (b)  The person or persons designated in the will as executor except\nthat a person designated in the will as substitute or successor executor\nin the event the designated executor cannot act or fails to qualify need\nnot be served where the designated executor is under no disability.\n  (c)  Any person designated in the will as beneficiary, executor,\ntrustee or guardian, whose rights or interests are adversely affected by\nany other instrument offered for probate that is later in date of\nexecution or which amends or modifies an instrument offered for probate.\n  (d)  Any person designated as beneficiary, executor, trustee or\nguardian in any other will of the same testator filed in the surrogate's\ncourt of the county in which the propounded will is filed whose rights\nor interests are adversely affected by the instrument offered for\nprobate.\n  (e) If the propounded will expressly refers to an instrument which\ncreated a power of appointment and purports to exercise such power of\nappointment, any persons designated in the instrument that created such\npower of appointment whose rights or interests are adversely affected by\nthe instrument offered for probate.\n  (f)  The testator in any case where the petition alleges that the\ntestator is believed to be dead.\n  (g)  The state tax commission in the case of a non-domiciliary\ntestator.\n  (h)  Where any person to whom process is required to be issued has\ndied, process shall issue to his fiduciary and if none has been\nappointed, to all persons interested as distributees, nominated\nfiduciaries or named as legatees or devisees under any will of the\ndeceased filed in the court.\n  (i)  The provisions of section three hundred fifteen shall apply to a\nproceeding under this section.\n  2.  The process must set forth the name of the proponent and if the\nwill is nuncupative, that fact.\n