FrankGoortani/open-us-law huggingface dataset:
N.Y. DOM Law § 70 — New York Code / Act DOM / Article 5 / Section 70
Habeas corpus for child detained by parent
Status: in_force

§ 70. Habeas corpus for child detained by parent. (a) Where a minor\nchild is residing within this state, either parent may apply to the\nsupreme court for a writ of habeas corpus to have such minor child\nbrought before such court; and on the return thereof, the court, on due\nconsideration, may award the natural guardianship, charge and custody of\nsuch child to either parent for such time, under such regulations and\nrestrictions, and with such provisions and directions, as the case may\nrequire, and may at any time thereafter vacate or modify such order. In\nall cases there shall be no prima facie right to the custody of the\nchild in either parent, but the court shall determine solely what is for\nthe best interest of the child, and what will best promote its welfare\nand happiness, and make award accordingly.\n  (b) Any order under this section which applies to rights of visitation\nwith a child remanded or placed in the care of a person, official,\nagency or institution pursuant to article ten of the family court act or\npursuant to an instrument approved under section three hundred\nfifty-eight-a of the social services law, shall be enforceable pursuant\nto the provisions of part eight of article ten of such act, sections\nthree hundred fifty-eight-a and three hundred eighty-four-a of the\nsocial services law and other applicable provisions of law against any\nperson or official having care and custody, or temporary care and\ncustody, of such child.\n
N.Y. EDP Law § 202 — New York Code / Act EDP / Article 2 / Section 202
Notice
Status: in_force

§ 202. Notice. (A) Where a public hearing is required by this article\nthe condemnor shall give notice to the public of the purpose, time and\nlocation of its hearing setting forth the proposed location of the\npublic project including any proposed alternate locations, at least ten\nbut no more than thirty days prior to such public hearing by causing\nsuch notice to be published in at least five successive issues of an\nofficial daily newspaper if there is one designated in the locality\nwhere the project will be situated and in at least five successive\nissues of a daily newspaper of general circulation in such locality. If\nthe official newspaper is one of general circulation in such locality,\npublication therein as specified shall be deemed sufficient compliance.\n  (B) In the event that the only newspaper available in such locality is\na weekly publication the above described notice shall be published in\nsuch newspaper in at least two successive issues.\n  (C) (1) The condemnor shall serve, either by personal service or\ncertified mail, return receipt requested, a notice of the purpose, time,\ndate, and location of a public hearing required by this article to each\nassessment record billing owner or his or her attorney of record.\n  (2) Such notice shall be served at least ten but no more than thirty\ndays prior to such public hearing. Such notice shall clearly state that\nthose property owners who may subsequently wish to challenge\ncondemnation of their property via judicial review may do so only on the\nbasis of issues, facts, and objections raised at such hearing.\n  (D) Inadvertent failure to notify a person or persons entitled to\nnotice under this section shall not be jurisdictional nor construed to\naffect the validity of any title acquired by a condemnor under this law.\n
N.Y. TRA Law § 430 — New York Code / Act TRA / Article 18 / Section 430
Legislative intent
Status: in_force

§ 430. Legislative intent. The continuation and improvement of the\nappropriate level of rail freight and passenger service and the\nmaintenance and improvement of the railroad infrastructure enhances the\neconomic vitality of local communities and the state. The legislature,\nupon the recommendation of the railroad taxation and service advisory\ncouncil, has:\n  1. provided for temporary alterations in railroad real property\ntaxation designed to encourage the continuation and improvement of\nrailroad service and the maintenance and improvement of rail\ninfrastructure;\n  2. provided for the establishment of a service enhancement program to\nassure the continuation and improvement of the appropriate level of rail\nfreight and passenger service and the maintenance and improvement of the\nrailroad infrastructure; and\n  3. provided for a process to evaluate information to review and assess\nthe efficacy of the temporary property tax alterations designed to\nfoster the goals of the service enhancement program. The legislature\nrecognizes that the railroad taxation and service advisory council may\nmake recommendations concerning the continuation of the service\nenhancement program based upon its findings.\n
N.Y. CVS Law § 120 — New York Code / Act CVS / Article 8 / Title A / Section 120
Applications and appeals
Status: in_force

§ 120. Applications and appeals. 1. Applications to director. Any\nemployee occupying a position, the title or salary grade of which is\nsubject to the jurisdiction of the director of the classification and\ncompensation division, and any appointing officer, with respect to any\nsuch position or positions in his department or agency, may apply to the\ndirector, on a form prescribed and furnished by him, for a review and\nchange of the classification or allocation of such positions. Such\nemployee or appointing officer or their representatives shall be\nafforded a reasonable opportunity to present facts in support of or in\nrelation to such application at a time and in such manner as may be\nspecified by the director. The director shall examine and review any\nsuch application and may make such changes in classification or\nallocation as may be just and equitable. The director shall have the\npower to designate an officer or employee of the division to conduct a\nhearing with relation to any application for such reclassification or\nreallocation and to report to the director thereon.\n  2. Appeals to the state civil service commission. Any employee or\nappointing officer aggrieved by a determination of the director may\nappeal from such determination to the state civil service commission.\nSuch appeal must be made within sixty days after receipt of written\nnotice of such determination. Such employee or appointing officer or\ntheir representatives shall be afforded an opportunity to present facts\nand arguments in support of or in relation to such appeal at a time and\nplace and in such manner as may be prescribed by the commission. The\ncommission shall examine and review such appeal and make such changes in\nclassification or allocation as may be just and equitable.\nDeterminations of the commission shall be transmitted to the director of\nthe budget, the director of the classification and compensation\ndivision, and the employees and department heads affected thereby.\n  3. Reporting on appeals. In addition to the requirements of\nsubdivision two of this section, the commission shall, on or before\nJanuary thirty-first of each year, submit a report to the governor and\nthe legislature which shall include, but not be limited to, information\ndetailing the total number of appeals received from determinations made\nbased upon written and oral examinations, performance tests and ratings\nof training and experience, during the preceding twelve months, and\nshall report the final disposition or dispositions of each appeal.\n
N.Y. COR Law § 405 — New York Code / Act COR / Article 16 / Section 405
Duty of the department to the director of a hospital
Status: in_force

§ 405. Duty of the department to the director of a hospital. The\ndepartment shall notify the director of a hospital in advance of\nhearings to be held at such hospital as may be necessary to carry out\nthe duties of the board of parole or the department. The department\nshall assist the department of mental hygiene in establishing or\ncontinuing the operation of grievance procedures at such hospital. Where\nthe subject matter of the grievance primarily involves a policy or\npractice of the department of mental hygiene, the commissioner shall\ntransfer the review of the grievance to the commissioner of mental\nhygiene for resolution pursuant to subdivision three of section one\nhundred thirty-nine of the correction law.\n
N.Y. PVH Law § 1271 — New York Code / Act PVH / Article 30 / Section 1271
Definitions
Status: in_force

§ 1271. Definitions. As used in this article:\n  1. "Corporation" shall mean the housing trust fund corporation\nestablished in section forty-five-a of this chapter.\n  2. "Eligible applicant" shall mean a city, town, village or\nnot-for-profit corporation in existence for a period of one or more\nyears prior to application, which is, or will be at the time of award,\nincorporated under the not-for-profit corporation law and has\nsubstantial experience in adapting or retrofitting homes for persons\nwith disabilities.\n  3. "Veteran" shall mean a veteran as defined in section one of the\nveterans' services law, or is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, who is a resident of the\nstate and has received a discharge other than bad conduct or\ndishonorable from such service.\n  4. "Disabled veteran" shall mean a veteran with, including but not\nlimited to, a permanent physical or medical impairment resulting from an\nanatomical or physiological condition which prevents the exercise of a\nnormal bodily function, substantially limits a major life activity or\nwhich is demonstrable by medically accepted clinical or laboratory\ndiagnostic techniques. A professional evaluation must be provided which\nidentifies the disability, describes the substantial limitation caused\nby the disability, and recommends potential structural modifications to\nimprove the activities of daily living within and/or access to such\nresidence in consideration of such disability.\n  5. "Access to home for heroes programs" or "programs" shall mean a\nseries of activities by an eligible applicant to administer funds to\nprovide grants to homeowners and renters and to oversee the adaptation,\nretrofitting or repairs of eligible properties, provided that such\nrepairs are related to the habitability of an eligible property and such\nrepairs are related to the adaptation or retrofitting of an eligible\nproperty.\n  6. "Eligible property" shall mean a housing unit that is the primary\nresidence of a disabled veteran and a total household income that does\nnot exceed one hundred and twenty percent of area median income. A\nproperty shall not be considered an eligible property if the owner of\nthe property is otherwise obligated by federal, state or local law to\nprovide the improvements funded under this article.\n
N.Y. ACA Law § 15.19 — New York Code / Act ACA / Title C / Article 15 / Section 15.19
Application of the article
Status: in_force

§ 15.19. Application of the article. This article shall apply to the\nvisual art objects governed by this article which are sold, offered for\nsale, consigned or possessed with intent to sell in, into or from this\nstate. With respect to such multiples compliance with this article shall\ncommence six months after January first, nineteen hundred eighty-five.\n
N.Y. PTR Law § 90 — New York Code / Act PTR / Article 8 / Section 90
Limited partnership defined
Status: in_force

§ 90. Limited partnership defined.  A limited partnership is a\npartnership formed by two or more persons under the provisions of\nsection ninety-one, having as members one or more general partners and\none or more limited partners. The limited partners as such shall not be\nbound by the obligations of the partnership.\n
N.Y. PBG Law § 19-A — New York Code / Act PBG / Article 2 / Section 19-A
Electronic lease regulations
Status: in_force

§ 19-a. Electronic lease regulations. 1. The commissioner, in\nconsultation with the electronic facilitator as defined in section three\nhundred three of the state technology law, shall promulgate rules and\nregulations authorizing the use of electronic records or signatures on a\nvoluntary basis by tenants for residential leases and lease renewals of\nunits for which the owner is required to file annual registration\nstatements, pursuant to either section twelve-a of the emergency tenant\nprotection act of nineteen seventy-four or section 26-517 of the\nadministrative code of the city of New York, in a manner that conforms\nwith the requirements of article three of the state technology law.\n  2. Such rules and regulations shall include, but not be limited to,\nprocedures regarding notification to tenants regarding affirmative\nconsent to the use of electronic records and that the use of electronic\nrecords and signatures is voluntary pursuant to section three hundred\nnine of the state technology law.\n  3. The division shall also develop a form in the top six languages\nother than English spoken in the state according to the latest available\ndata from the U.S. Bureau of Census that confirms a tenant's affirmative\nconsent to the use of electronic records. Such form shall clearly state\nthe requirement that the use of electronic records and signatures is\nvoluntary and cannot be required by a landlord, cite the relevant parts\nof the electronic signatures and records act, and require that copies of\nthis signed consent form be provided to the tenant. No electronic\nrecords shall be accepted by any court or any unit of the division\nunless such consent form is provided to such courts or the division.\n
N.Y. ISC Law § 3234 — New York Code / Act ISC / Article 32 / Section 3234
Pre-existing condition provisions in group and blanket disability policies
Status: in_force

* § 3234. Pre-existing condition provisions in group and blanket\ndisability policies. (a) Every group or blanket policy issued or issued\nfor delivery in this state which provides benefits by reason of the\ndisability of the insured and which includes a pre-existing condition\nprovision shall contain in substance the following provision or\nprovisions which in the opinion of the superintendent are more favorable\nto the members of the group:\n  (1) In determining whether a pre-existing condition provision applies\nto an eligible person, the group or blanket disability policy shall\ncredit the time the person was previously covered under a previous group\nor blanket disability insurance plan or policy or employer-provided\ndisability benefit arrangement, if the previous coverage was continuous\nto a date not more than sixty days prior to the effective date of the\nnew coverage. The credit shall apply to the extent that the previous\ncoverage or level of benefits was substantially similar to the new\ncoverage or level of benefits; and\n  (2) No pre-existing condition provision shall exclude coverage for a\nperiod in excess of twelve months following the effective date of\ncoverage for the covered person.\n  (b) Nothing herein shall be construed to prohibit or restrict an\ninsurer from utilizing other forms of underwriting for the members of\nthe group in lieu of, or in addition to, the pre-existing condition\nprovision described in subsection (a) of this section.\n  * NB There are 2 § 3234's\n
N.Y. MHY Law § 41.48 — New York Code / Act MHY / Title E / Article 41 / Section 41.48
Real property acquisition options
Status: in_force

§ 41.48 Real property acquisition options.\n  (a) Notwithstanding any inconsistent provision of this article and\nwithin appropriations made therefor, the commissioners of the office of\nmental health and the office for people with developmental disabilities\nare authorized upon the application of voluntary agencies, to make\npayments for the reasonable price of options to acquire an interest in\nreal property, for the purpose of establishing a community mental\nhygiene facility. Such applications shall be made in the manner and on\nforms prescribed by the appropriate commissioner. Sellers of real\nproperty who are required to disclose financial or other beneficial\ninterests in such property under section 41.46 of this article shall not\nbe eligible to receive payments under this section.\n  (b) The comptroller is authorized, pursuant to section one hundred\nfifteen of the state finance law, to establish a cash advance account\nfor the purpose of payment of options under this section. Such payments\nmay only be made by a bonded employee, designated by the appropriate\ncommissioner, from the cash advance account established for such\npurpose.\n  (c) As used in this section the term "reasonable price" shall mean an\namount that is not in excess of guidelines developed by the commissioner\nof the office of mental health or the commissioner of the office for\npeople with developmental disabilities and approved by the director of\nthe budget and the state comptroller.\n
N.Y. GMU Law § 72-G — New York Code / Act GMU / Article 5 / Section 72-G
Expenses of volunteer firefighters attending training schools and instruction courses
Status: in_force

§ 72-g. Expenses of volunteer firefighters attending training schools\nand instruction courses. 1. The chief officer of the fire department of\na municipal corporation or fire district, subject to any rules or\nregulations governing such department, may authorize the volunteer\nmembers of the department to attend training schools or courses of\ninstruction for firefighters.\n  a. If any such school is located, or any such course is given, outside\nthe county or outside one of the counties in which the municipal\ncorporation or fire district is located, such authorization shall be\nsubject to the prior approval of the governing board of the municipal\ncorporation or fire district.\n  b. If any such school is located, or any such course is given, outside\nthe state, in addition to the approval required in paragraph a of this\nsubdivision, such authorization shall be subject to a finding from the\ngoverning board that such training course or school of instruction is\nnecessary and in the public interest and is not available within a\nreasonable distance and time period in the state.\n  c. Notification and proof of attendance of any out-of-state training\nschool from the chief officer shall be provided to the state office of\nfire prevention and control.\n  2. The governing board by resolution may provide for the payment, in\nthe same manner as other claims against the municipal corporation or\nfire district are audited, allowed and paid, of all actual and necessary\nregistration fees not in excess of fifty dollars and all actual and\nnecessary expenses of travel, meals and lodging and all necessary\ntuition fees incurred by such volunteer members in attending such a\ntraining school, or course of instruction, in this country or in Canada.\n  3. If such travel is by car owned by the volunteer firefighter, he or\nshe may be paid a reasonable mileage allowance for each mile actually\nand necessarily traveled by him or her in attending such school or\ncourse of instruction. Such mileage allowance shall not exceed the\nstandard travel allowance for mileage adopted or prescribed for federal\nincome tax purposes. Any claim for such expenses or reimbursement shall\nhave endorsed thereon, or attached thereto, a statement by the chief\nofficer of the fire department that the attendance had been duly\nauthorized by him or her. The provisions of this section shall not be\ndeemed to have amended the provisions of subdivision one of section two\nhundred nine of this chapter in relation to participation in fire\ntraining programs which are not conducted as training schools or regular\nor special courses of instruction for firefighters.\n
N.Y. UJC Law § 214 — New York Code / Act UJC / Article 2 / Section 214
Transferred cases
Status: in_force

§ 214. Transferred cases.\n  In a case brought in the supreme court or county court of Westchester\ncounty where money damages only are sought and classification, pretrial\nor other appropriate procedures in either of said courts or the demand\nfor relief have determined that the potential recovery, assuming\nliability, in an action or proceeding or counterclaim therein will not\nexceed the sum of five thousand dollars, exclusive of interest and\ncosts, if such action or proceeding is transferred to a town or village\ncourt in the county of Westchester having jurisdiction of the parties\nunder section two hundred thirteen of this act, pursuant to section\nnineteen of article six of the state constitution, the verdict or\njudgment of such justice court shall not be subject to the limitation of\nmonetary jurisdiction specified elsewhere in this article for such\ncourt, but shall be subject instead to a monetary jurisdiction not to\nexceed five thousand dollars, exclusive of interest and costs.\nAlternatively, for purposes of this section only, in the furtherance of\nthe interests of justice, such transfer may be made (a) to a justice\ncourt in a municipality adjacent to a municipality designated in section\ntwo hundred thirteen of this act or to a justice court in a municipality\nadjacent to a city in Westchester county whose court would otherwise\nhave had jurisdiction by the calendar justice of the supreme court or\njudge of the county court; or (b) to any justice court in the county of\nWestchester by the administrative judge of the ninth judicial district.\nCosts incurred by local municipalities in administering their courts as\na result of the application of this section shall be a charge against\nthe county of Westchester within the amounts appropriated by the county\ntherefor and subject to reasonable rules and regulations thereof by the\ncounty.\n