FrankGoortani/open-us-law huggingface dataset:
N.Y. GCT Law § 66 — New York Code / Act GCT / Article 2-D / Part 1-6 / Part 5 / Section 25-A-66
Overpayment
Status: in_force

§ 66. Overpayment.--(a) General.--The administrator, within the\napplicable period of limitations, may credit an overpayment of income\ntax and interest on such overpayment against any liability in respect of\nany tax imposed by this local law or by any local law of the city which\nimposes an unincorporated business income tax on the person who made the\noverpayment, and the balance shall be refunded. Any refund under this\nsection shall be made only upon the filing of a return.\n  (b) Excessive withholding.--If the amount allowable as a credit for\ntax withheld from the taxpayer exceeds his tax to which the credit\nrelates, the excess shall be considered an overpayment.\n  (c) Overpayment by employer.-- If there has been an overpayment of tax\nrequired to be deducted and withheld under section fifty-one, refund\nshall be made to the employer only to the extent that the amount of the\noverpayment was not deducted and withheld by the employer.\n  (d) Credits against estimated tax.--The administrator may prescribe\nregulations providing for the crediting against the estimated income tax\nfor any taxable year of the amount determined to be an overpayment of\nthe income tax for a preceding taxable year. If any overpayment of\nincome tax is so claimed as a credit against estimated tax for the\nsucceeding taxable year, such amount shall be considered as a payment of\nthe income tax for the succeeding taxable year (whether or not claimed\nas a credit in the declaration of estimated tax for such succeeding\ntaxable year), and no claim for credit or refund of such overpayment\nshall be allowed for the taxable year for which the overpayment arises.\n  (e) Rule where no tax liability.--If there is no tax liability for a\nperiod in respect of which an amount is paid as income tax, such amount\nshall be considered an overpayment.\n  (f) Assessment and collection after limitation period.--If any amount\nof income tax is assessed or collected after the expiration of the\nperiod of limitations properly applicable thereto, such amount shall be\nconsidered an overpayment.\n
N.Y. BSC Law § 1613 — New York Code / Act BSC / Article 16 / Section 1613
Private right of action
Status: in_force

§ 1613. Private right of action.\n  Any offeree whose equity securities are the subject of a takeover bid\nand who has been injured by any violation of this article may bring an\naction in his or her own name to enjoin such unlawful act or practice\nand to recover actual damages together with reasonable attorney fees in\nthe event the offeree is successful.\n
N.Y. TAX Law § 187-C — New York Code / Act TAX / Article 9 / Section 187-C
Biofuel production credit
Status: in_force

§ 187-c. Biofuel production credit. A taxpayer shall be allowed a\ncredit to be computed as provided in section twenty-eight of this\nchapter, as added by part X of chapter sixty-two of the laws of two\nthousand six, against the tax imposed by this article. Provided,\nhowever, that the amount of such credit allowed against the tax imposed\nby section one hundred eighty-four of this article shall be the excess\nof the amount of such credit over the amount of any credit allowed by\nthis section against the tax imposed by section one hundred eighty-three\nof this article. In no event shall the credit under this section be\nallowed in an amount which will reduce the tax payable to less than the\napplicable minimum tax fixed by section one hundred eighty-three of this\narticle. If, however, the amount of the credit allowed under this\nsection for any taxable year reduces the tax to such amount, the excess\nshall be treated as an overpayment of tax to be credited or refunded in\naccordance with the provisions of section six hundred eighty-six of this\nchapter. Provided, however, the provisions of subsection (c) of section\none thousand eighty-eight of this chapter notwithstanding, no interest\nshall be paid thereon. The tax credit allowed pursuant to this section\nshall apply to taxable years beginning before January first, two\nthousand twenty.\n
N.Y. BNK Law § 589 — New York Code / Act BNK / Article 12-D / Section 589
Declaration of policy
Status: in_force

§ 589. Declaration of policy. The origination, funding and servicing\nof residential mortgage loans and the types of entities involved in\nresidential mortgage lending has undergone significant changes in recent\nyears, due in part to developments in the general economy, specifically\ninterest rate volatility, the sophistication of the national secondary\nmarket for mortgage loans and the market for mortgage-backed securities.\nThe recent trend toward deregulation in the financial services industry\nhas accelerated the evolution of residential mortgage lending,\ndramatically increasing the types of mortgage loans offered and the\nmanner in which they are advertised and marketed to consumers.\nDepository institutions, traditionally the major source of residential\nmortgage financing for individuals, now compete for capital and\ncustomers with mortgage bankers and other financial service\norganizations. Residential mortgage lenders of every type have\nincreasingly relied on non-financial intermediaries, such as mortgage\nbrokers, to make loans available to consumers. These developments have\nraised questions as to whether all entities engaging in this banking\nfunction operate under appropriate regulatory scrutiny and as to whether\nall residential mortgage lenders are conducting their business in the\nbest interests of New York homeowners and potential homeowners.\n  The activities of lenders and their agents offering financing for\nresidential real property have a direct and immediate impact upon the\nhousing industry, the neighborhoods and communities of this state, its\nhomeowners and potential homeowners. The legislature finds that it is\nessential for the protection of the citizens of this state and the\nstability of the state's economy that reasonable standards governing the\nbusiness practices of mortgage lenders and their agents be imposed. The\nlegislature further finds that the obligations of lenders and their\nagents to consumers in connection with making, soliciting, processing,\nplacing or negotiating of mortgage loans are such as to warrant the\nuniform regulation of the residential mortgage lending process,\nincluding the application, solicitation, making and servicing of\nmortgage loans.  Consistent with the purposes of promoting mortgage\nlending for the benefit of our citizens by responsible providers of\nmortgage loans and services and avoiding requirements inconsistent with\nlegitimate and responsible business practices in the mortgage lending\nindustry, the purpose of this article is to protect New York consumers\nseeking a residential mortgage loan and to ensure that the mortgage\nlending industry is operating fairly, honestly and efficiently, free\nfrom deceptive and anti-competitive practices.\n
N.Y. EXC Law § 259-K — New York Code / Act EXC / Article 12-B / Section 259-K
Access to records and institutions
Status: in_force

§ 259-k. Access to records and institutions. 1. All case files shall\nbe maintained by the department for use by the department and board. The\ndepartment and board and authorized officers and employees thereof shall\nhave complete access to such files and the board of parole shall have\nthe right to make such entries as the board of parole shall deem\nappropriate in accordance with law.\n  2. The board shall make rules for the purpose of maintaining the\nconfidentiality of records, information contained therein and\ninformation obtained in an official capacity by officers, employees or\nmembers of the board of parole.\n  3. Members of the board and officers and employees of the department\nproviding community supervision services and designated by the\ncommissioner shall have free access to all incarcerated individuals\nconfined in institutions under the jurisdiction of the department, the\noffice of children and family services and the department of mental\nhygiene in order to enable them to perform their functions, provided,\nhowever, that the department of mental hygiene may temporarily restrict\nsuch access where it determines, for significant clinical reasons, that\nsuch access would interfere with its care and treatment of the mentally\nill incarcerated individual. If under the provisions of this subdivision\nan incarcerated individual is not accessible for release consideration\nby the board, that incarcerated individual shall be scheduled to see the\nboard in the month immediately subsequent to the month within which he\nor she was not available.\n  4. Upon a determination by the department and board of parole that\nrecords regarding an individual presently under the supervision of the\ndepartment are relevant to an investigation of child abuse or\nmaltreatment conducted by a child protective service pursuant to title\nsix of article six of the social services law, the department and board\nshall provide the records determined to be relevant to the child\nprotective service conducting the investigation. The department and\nboard shall promulgate rules for the transmission of records required to\nbe provided under this section.\n
N.Y. GCT Law § 51 — New York Code / Act GCT / Article 2-D / Part 1-6 / Part 4 / Section 25-A-51
Requirement of withholding tax from wages
Status: in_force

§ 51. Requirement of withholding tax from wages.--(a) General.--On or\nafter the first payroll period beginning forty-five days after the date\nthis local law becomes effective, every employer maintaining an office\nor transacting business within this state and making payment of any\nwages taxable under this local law shall deduct and withhold from such\nwages for each payroll period a tax computed in such manner as to\nresult, so far as practicable, in withholding from the employee's wages\nduring each calendar year an amount substantially equivalent to the tax\nreasonably estimated to be due under this local law resulting from the\ninclusion in the employee's city adjusted gross income of his wages\nreceived during such calendar year. The method of determining the amount\nto be withheld shall be prescribed by regulations of the administrator\nwith due regard to the city withholding exemptions of the employee and\nthe sum of any credits allowable against his tax. This section shall not\napply to payments by the United States for service in the armed forces\nof the United States.\n  (b) Withholding exemptions.--For purposes of this section:\n  (1) An employee shall be entitled to the same number of city\nwithholding exemptions as the number of withholding exemptions to which\nhe is entitled for federal income tax withholding purposes. An employer\nmay rely upon the number of federal withholding exemptions claimed by\nthe employee, except where the employee claims a different number of\ncity withholding exemptions.\n  (2) The amount of each city exemption shall be six hundred dollars.\n
N.Y. ISC Law § 8020 — New York Code / Act ISC / Article 80 / Section 8020
Transfers of subsidiaries
Status: in_force

§ 8020. Transfers of subsidiaries. A reorganizing or reorganized\ninsurer may transfer any one or more of its subsidiaries to the mutual\nholding company or to one or more persons owned or controlled by the\nmutual holding company, provided the reorganizing or reorganized insurer\nobtains the prior approval of the superintendent. Any such transfer may\nbe made without consideration as a dividend or for consideration that\nmay include obligations of the mutual holding company or obligations or\npreferred shares of a person owned or controlled by the mutual holding\ncompany. The superintendent shall approve each such proposed transfer if\nthe superintendent finds it is fair and equitable. For a reorganizing\ninsurer, the plan may provide for such transfer, in which case approval\nof the plan shall constitute approval by the superintendent pursuant to\nthis section. The provisions of sections one thousand five hundred five\nand four thousand two hundred seven of this chapter shall not apply to\nany transfer of subsidiaries effected pursuant to this section but shall\notherwise apply to the reorganized insurer and its affiliates in\naccordance with their terms. The provision of subparagraph (ii) of\nparagraph two of subsection (a) of section one thousand four hundred\nfive of this chapter limiting the aggregate amount of investments in\npreferred shares of American institutions shall not apply to an\ninvestment by a reorganizing or reorganized insurer in such preferred\nshares received by it in consideration for a transfer pursuant to this\nsection. For a reorganized insurer, the other provisions of this\narticle, including, without limitation, the requirement of filing a plan\nof reorganization, shall not apply to the transfer of subsidiaries\npursuant to this section.\n
N.Y. TRA Law § 65 — New York Code / Act TRA / Article 2-D / Section 65
Depositories of funds
Status: in_force

§ 65. Depositories of funds. In order to protect funds deposited by\nthe Utica transit authority all banks, bankers, trust companies or other\npersons carrying on a banking business, organized under the laws of the\nstate, are authorized to give to the authority an undertaking with such\nsureties as shall be approved by the Utica transit authority, faithfully\nto keep and pay over upon the order of the Utica transit authority any\nsuch deposits and agreed interest thereon, or in lieu of said sureties,\nto deposit as collateral such securities and in such amounts as may be\nagreed upon with the Utica transit authority pursuant to a collateral\ndeposit agreement in form and terms satisfactory to the Utica transit\nauthority. The collateral to be deposited shall consist of securities in\nwhich savings banks may legally invest funds within their control.\n
N.Y. TAX Law § 471-A — New York Code / Act TAX / Article 20 / Section 471-A
Use tax on cigarettes
Status: in_force

§ 471-a. Use tax on cigarettes. There is hereby imposed and shall be\npaid a tax on all cigarettes used in the state by any person, except\nthat no tax shall be imposed (1) if the tax provided in section four\nhundred seventy-one of this article is paid, (2) on the use of\ncigarettes which are exempt from the tax imposed by said section, or (3)\non the use of four hundred or less cigarettes, brought into the state\non, or in the possession of, any person. Such tax on cigarettes shall be\nat the rate of five dollars and thirty-five cents for each twenty\ncigarettes or fraction thereof, provided, however, that if a package of\ncigarettes contains more than twenty cigarettes, the rate of tax on the\ncigarettes in such package in excess of twenty shall be one dollar and\nthirty-three and three-quarters cents for each five cigarettes or\nfraction thereof. Within twenty-four hours after liability for the tax\naccrues, each such person shall file with the commissioner a return in\nsuch form as the commissioner may prescribe together with a remittance\nof the tax shown to be due thereon. For purposes of this article, the\nword "use" means the exercise of any right or power actual or\nconstructive and shall include but is not limited to the receipt,\nstorage or any keeping or retention for any length of time, but shall\nnot include possession for sale. All other provisions of this article if\nnot inconsistent shall apply to the administration and enforcement of\nthe tax imposed by this section in the same manner as if the language of\nsaid provisions had been incorporated in full into this section.\n
N.Y. LLC Law § 208 — New York Code / Act LLC / Article 2 / Section 208
Execution, amendment or cancellation by judicial act
Status: in_force

§ 208. Execution, amendment or cancellation by judicial act.  If a\nperson required by section two hundred seven of this article to execute\narticles or a certificate fails or refuses to do so, any member or any\npermitted assignee of a membership interest who is adversely affected by\nsuch failure or refusal may petition the supreme court in the judicial\ndistrict in which the office of the limited liability company is or is\nto be located to direct the execution of such articles or certificate.\nIf the court finds that such articles or certificate should be executed\nand that such person has failed or refused to execute such articles or\ncertificate, it shall order such person to file the appropriate articles\nor certificate.\n
N.Y. PBH Law § 2988 — New York Code / Act PBH / Article 29-C / Section 2988
Requiring or prohibiting execution of proxy
Status: in_force

§ 2988. Requiring or prohibiting execution of proxy. No person may\nrequire or prohibit the execution of a health care proxy by an\nindividual as a condition for providing health care services or\ninsurance to such individual.\n
N.Y. UCT Law § 1908 — New York Code / Act UCT / Article 19 / Section 1908
Disbursements allowable
Status: in_force

§ 1908. Disbursements allowable.\n  Except where the contrary is specifically provided by law, a party to\nwhom costs are awarded, or a prevailing party who has appeared in\nperson, shall be allowed his necessary disbursements as follows:\n  (a) All fees paid to the clerk or an enforcement officer, including\njury fees, and the reasonable expense of serving process where service\nis made by other than an enforcement officer.\n  (b) The legal fees of witnesses.\n  (c) The legal fees paid for a certified copy of a deposition or other\npaper recorded or filed in any public office, necessarily used or\nobtained for use on the trial.\n  (d) The reasonable compensation of commissioners for taking\ndepositions.\n  (e) Prospective charges for filing a transcript with the county clerk\nand the sheriff's fees for receiving and returning an execution.\n  (f) Such other reasonable and necessary expenses as are taxable\npursuant to the provisions of CPLR § 8301.\n
N.Y. ENV Law § 43-0110 — New York Code / Act ENV / Article 43 / Section 43-0110
Wastewater management
Status: in_force

§ 43-0110. Wastewater management.\n  1. The commission, in consultation with the department, the department\nof health and each municipality located in whole or in part within the\npark, and subject to approval by the department and department of\nhealth, shall adopt, after public hearing according to the provisions of\nthe state administrative procedure act, rules and regulations for the\ndischarge of sewage or treated sewage effluent onto the land or into the\ngroundwater of the park to ensure optimum protection of ground and\nsurface waters within the park. Such rules and regulations may be more\nstringent than rules and regulations adopted by the department.  For\npurposes of this section, the discharges shall include sewage or treated\nsewage effluent applied to the soil or entering the groundwater through\nrunoff, seepage, percolation, spray irrigation and ground and spring\nwater flow.\n  2. The rules and regulations adopted by the commission under\nsubdivision one of this section shall be applicable to all development\nwithin the park with respect to the discharge of wastewater; provided,\nhowever, that nothing shall prevent a municipality from adopting a law,\ncode, ordinance or regulation which is more stringent than such rules\nand regulations adopted by the commission.\n  3. The commission may delegate all or some of its authority under this\nsection to any municipality located in whole or in part within the park\nsubject to such conditions as the commission may establish.\n
N.Y. JUD Law § 245 — New York Code / Act JUD / Article 7-C / Section 245
Time of holding the court
Status: in_force

§ 245. Time of holding the court. Upon the delivery of an impeachment\nfrom the assembly to the senate the president of the senate must cause\nthe court to be summoned to meet at the capitol in the city of Albany,\non a day not less than thirty nor more than sixty days from the day of\nthe delivery of the articles of impeachment.\n
N.Y. PVH Law § 51 — New York Code / Act PVH / Article 3 / Section 51
Monies of the agency
Status: in_force

§ 51. Monies of the agency. 1. All monies of the agency, except as\notherwise authorized or provided in this article, shall be paid to the\ncommissioner of taxation and finance as agent of the agency, who shall\nnot commingle such monies with any other monies. Such monies shall be\ndeposited in a separate bank account or accounts. The monies in such\naccounts shall be paid out on checks signed by the commissioner of\ntaxation and finance on requisition of the chairman of the agency or of\nsuch other officer or employee or officers or employees as the agency\nshall authorize to make such requisition. All deposits of such monies\nshall, if required by the commissioner of taxation and finance or the\nagency, be secured by obligations of the United States or of the state\nof a market value equal at all times to the amount of the deposit and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n  Notwithstanding the provisions of this section, the agency shall have\npower, subject to the approval of the commissioner of taxation and\nfinance, to contract with the holders of any of its notes or bonds, as\nto the custody, collection, securing, investment, and payment of any\nmonies of the agency, of any monies held in trust or otherwise for the\npayment of notes or bonds, and to carry out such contract. Monies held\nin trust or otherwise for the payment of notes or bonds or in any way to\nsecure notes or bonds and deposits of such monies may be secured in the\nsame manner as monies of the agency, and all banks and trust companies\nare authorized to give such security for such deposits.\n  2. Subject to agreements with noteholders and bondholders and the\napproval of the comptroller, the agency shall prescribe a system of\naccounts.\n  3. The comptroller, or his legally authorized representative, is\nhereby authorized and empowered from time to time to examine the books\nand accounts of the agency including its receipts, disbursements,\ncontracts, reserve funds, sinking funds, investments, and any other\nmatters relating to its financial standing. Such an examination shall be\nconducted by the comptroller at least once in every five years; the\ncomptroller is authorized, however, to accept from the agency, in lieu\nof such an examination, an external examination of its books and\naccounts made at the request of the agency.\n  4. The agency shall submit to the governor, chairman of the senate\nfinance committee, chairman of the assembly ways and means committee and\nthe comptroller, within thirty days of the receipt thereof by the\nagency, a copy of the report of every external examination of the books\nand accounts of the agency other than copies of the reports of such\nexaminations made by the comptroller.\n
N.Y. RRD Law § 178-A — New York Code / Act RRD / Article 5 / Section 178-A
Headlights
Status: in_force

§ 178-a. Headlights. Whenever the tracks of any street surface railway\nshall be laid upon the side of the roadway of any public highway or\nstreet, the headlights of such street surface railway shall be so\narranged, adjusted and operated that no dazzling or dangerous beams of\nlight shall be thrown upon the traveling portion of such highway.\nWhenever the rails of such street surface railway are laid upon any\nportion of the improved roadway, such headlights shall be so arranged,\nadjusted and operated that no dangerous or dazzling light, when measured\nseventy-five feet or more ahead of the lamp or car, shall rise above\nforty-two inches on the level surface upon which the car stands. Any\nperson or corporation violating the provisions of this section shall be\nliable to a penalty of one hundred dollars for each day such violation\ncontinues.\n