FrankGoortani/open-us-law huggingface dataset:
N.Y. CVP Law § 6514 — New York Code / Act CVP / Article 65 / Section 6514
Motion for cancellation of notice of pendency
Status: in_force

§ 6514. Motion for cancellation of notice of pendency. (a) Mandatory\ncancellation. The court, upon motion of any person aggrieved and upon\nsuch notice as it may require, shall direct any county clerk to cancel a\nnotice of pendency, if service of a summons has not been completed\nwithin the time limited by section 6512; or if the action has been\nsettled, discontinued or abated; or if the time to appeal from a final\njudgment against the plaintiff has expired; or if enforcement of a final\njudgment against the plaintiff has not been stayed pursuant to section\n5519.\n  (b) Discretionary cancellation. The court, upon motion of any person\naggrieved and upon such notice as it may require, may direct any county\nclerk to cancel a notice of pendency, if the plaintiff has not commenced\nor prosecuted the action in good faith.\n  (c) Costs and expenses. The court, in an order cancelling a notice of\npendency under this section, may direct the plaintiff to pay any costs\nand expenses occasioned by the filing and cancellation, in addition to\nany costs of the action.\n  (d) Cancellation by stipulation. At any time prior to entry of\njudgment, a notice of pendency shall be cancelled by the county clerk\nwithout an order, on the filing with him of\n  1. an affidavit by the attorney for the plaintiff showing which\ndefendants have been served with process, which defendants are in\ndefault in appearing or answering, and which defendants have appeared or\nanswered and by whom, and\n  2. a stipulation consenting to the cancellation, signed by the\nattorney for the plaintiff and by the attorneys for all the defendants\nwho have appeared or answered including those who have waived all\nnotices, and executed and acknowledged, in the form required to entitle\na deed to be recorded, by the defendants who have been served with\nprocess and have not appeared but whose time to do so has not expired,\nand by any defendants who have appeared in person.\n  (e) Cancellation by plaintiff. At any time prior to the entry of\njudgment a notice of pendency of action shall be cancelled by the county\nclerk without an order, on the filing with him of an affidavit by the\nattorney for the plaintiff showing that there have been no appearances\nand that the time to appear has expired for all parties.\n
N.Y. RPT Law § 1608 — New York Code / Act RPT / Article 16 / Section 1608
Adoption of operating budget
Status: in_force

§ 1608. Adoption of operating budget. 1. Each consolidated assessing\nunit shall adopt an operating budget and submit the same to each\nconstituent municipality no later than September first of each year, or\nin Westchester county, no later than October first of each year.  Such\nbudget must be approved or disapproved by a majority of the constituent\nmunicipalities within twenty-five days of such submission. If the budget\nis disapproved, the consolidated assessing unit must submit a revised\nbudget to the constituent municipalities for approval or disapproval\nwithin ten days of such disapproval. Such revised budget must be\napproved or disapproved by a majority of the constituent municipalities\nwithin fifteen days of such submission.\n  2. The local laws establishing the consolidated assessing unit may\ncontain an identical formula or method for allocating the budgetary\nexpense of the consolidated assessing unit among the constituent\nmunicipalities. In the absence of such a formula or method, the\nbudgetary expense shall be allocated in proportion to the number of\nparcels in each constituent municipality. Such allocation of the\nbudgetary expense shall be included in the ensuing budget of the\nconstituent municipalities prior to any public hearing on the municipal\nbudget. The governing body of each constituent municipality is hereby\nauthorized to appropriate and raise by taxation money for the expenses\nof the consolidated assessing unit, and the consolidated assessing unit\nis hereby empowered to receive and expend the funds so allocated from\nits constituent municipalities.\n  3. Revenues raised by the consolidated assessing unit shall be used to\noffset the costs of generating the revenue and to enhance assessment\nimprovement efforts. Provision shall be made within the annual operating\nbudget for the collection of revenue. The board of directors shall\ndetermine the allocation and disbursement of revenues received.\n  4. The constituent municipalities shall not be responsible for any\nexpense incurred by such consolidated assessing unit except pursuant to\ncontract with the consolidated assessing unit or pursuant to an\noperating budget approved by a majority of the constituent\nmunicipalities.\n  5. In furtherance of the purposes of this article, such consolidated\nassessing unit may receive and expend grants from private foundations or\nagencies and may apply for and accept grants from the federal government\nor the state government and otherwise enter into other contracts for\nprovision of assessment related services. Such consolidated assessing\nunit shall only accept grants, donations or subsidies in accordance with\nsuch reasonable conditions and requirements as may be imposed or\napproved by the board of directors.\n  6. Every consolidated assessing unit shall make a financial report to\nthe governing body of each constituent municipality at least quarterly.\n
N.Y. TAX Law § 258-A — New York Code / Act TAX / Article 11 / Section 258-A
Payment of tax on instruments not recorded
Status: in_force

§ 258-a. Payment of tax on instruments not recorded. An instrument\ntaxable under this article but which is not entitled to be recorded, may\nnevertheless be presented to the recording officer of the county in\nwhich the real property or any part thereof affected by said instrument\nis situated, and there may be paid to such officer the amount of the tax\nwhich would be payable under this article on the recording of such\ninstrument if the same were entitled to be recorded. Such officer shall\nreceive such amount and such payment shall have the same force and\neffect, so far as this article is concerned, as if such instrument had\nbeen duly recorded and the tax thereon paid. It shall be the duty of the\nrecording officer to indorse upon the instrument a receipt for the\namount of the tax so paid. A copy of each instrument upon which the tax\nis paid as above provided shall be filed with the recording officer and\npreserved among his mortgage tax records.\n  Where an unrecorded instrument subject to the tax imposed by this\narticle has been lost or destroyed, the tax commission, upon\npresentation of proper proofs, may determine the taxable amount of such\ninstrument and by order authorize the recording officer to receive and\nreceipt for such tax as fully and with the same force and effect, so far\nas this article is concerned, as if the instrument had been duly\nrecorded and the tax thereon paid.\n  The filing or recording of a notice of the payment of tax under this\nsection is ineffective to give notice under article nine of the real\nproperty law of any estate or interest in the real property affected by\nthe instrument on which tax is being paid or to create a duty of inquiry\nwith regard thereto.\n
N.Y. AGM Law § 121 — New York Code / Act AGM / Article 7 / Section 121
Night quarantine
Status: in_force

§ 121. Night quarantine. 1. The governing body of any municipality may\nat any time by order require that all dogs in such municipality shall be\nsecurely confined between sunset and one hour after sunrise during the\nperiod of time designated in the order, or, if no time is so designated,\nuntil the order is revoked.\n  2. Notice of such order shall be given by publication in a newspaper\nor newspapers of general circulation in said municipality which shall be\ndesignated by such governing body and by filing a copy of the order in\nthe office of each clerk in the area affected by such order.\n  3. Any dog control officer, peace officer, acting pursuant to his\nspecial duties, or police officer shall destroy or seize any dog not\nconfined as required by such order, and no liability in damages or\notherwise shall be incurred on account of such destruction or seizure.\nAny dog so seized shall be subject to the provisions of section one\nhundred eighteen of this article. A dog shall not be deemed to be in\nviolation of such order if accompanied by and under the full control of\nthe owner.\n
N.Y. MRE Law § 2 — New York Code / Act MRE / Article 1 / Section 2
Legislative finding
Status: in_force

§ 2. Legislative finding.  It is hereby declared that intensive\noccupation of multiple dwellings having three or more families,\ninadequate provision for light and air, insufficient protection against\nand defective provisions for escape from fire, as well as the amount of\nimproper sanitation existing in multiple dwellings throughout this state\nare a menace to the health, safety, morals, welfare, and reasonable\ncomfort of its citizens; and that the establishment and maintenance of\nproper housing standards requiring sufficient light, air, sanitation and\nprotection from fire hazards are essential to the public welfare.\nTherefore the provisions hereinafter prescribed to provide more adequate\nprotection in the event of fire, and sufficient light, ventilation and\nsanitation for certain multiple residence buildings are enacted and\ntheir necessity in the public interest is hereby declared as a matter of\nlegislative determination.\n
N.Y. EPT Law § 10-6.1 — New York Code / Act EPT / Article 10 / Part 6 / Section 10-6.1
Exercise of a power of appointment; manifestation of intention
Status: in_force

§ 10-6.1 Exercise of a power of appointment; manifestation of intention\n           of donee\n  (a) Subject to paragraph (b), an effective exercise of a power of\nappointment does not require an express reference to such power. A power\nis effectively exercised if the donee manifests his intention to\nexercise it. Such a manifestation exists when the donee:\n  (1) Declares in substance that he is exercising all the powers he has;\n  (2) Sufficiently identifying the appointive property or any part\nthereof, executes an instrument purporting to dispose of such property\nor part;\n  (3) Makes a disposition which, when read with reference to the\nproperty he owned and the circumstances existing at the time of its\nmaking, manifests his understanding that he was disposing of the\nappointive property; or\n  (4) Leaves a will disposing of all of his property or all of his\nproperty of the kind covered by the power, unless the intention that the\nwill is not to operate as an execution of the power appears expressly or\nby necessary implication.\n  (b) If the donor has expressly directed that no instrument shall be\neffective to exercise the power unless it contains a specific reference\nto the power, an instrument not containing such reference does not\nvalidly exercise the power.\n
N.Y. TRY Law § 1-B — New York Code / Act TRY / Section 1-B
Legislative declaration of financial emergency
Status: in_force

§ 1-b. Legislative declaration of financial emergency. The legislature\nhereby finds and declares that a state of financial emergency exists\nwithin the city of Troy.\n
N.Y. FCT Law § 325.2 — New York Code / Act FCT / Article 3 / Part 2 / Section 325.2
The probable-cause hearing; order of proceeding
Status: in_force

§ 325.2. The probable-cause hearing; order of proceeding. 1. The order\nof a probable-cause hearing held pursuant to section 325.1 or 322.2\nshall be as follows:\n  (a) the presentment agency must call and examine witnesses and offer\nevidence in support of the charge;\n  (b) the respondent may, as a matter of right, testify in his own\nbehalf; if the respondent so testifies, his testimony may not be\nintroduced against him in any future proceeding, except to impeach his\ntestimony at such future proceeding as inconsistent prior testimony;\n  (c) upon request of the respondent, the court shall, except for good\ncause shown, permit him to call and examine other witnesses or to\nproduce other evidence in his behalf.\n  2. Each witness, whether called by the presentment agency or by the\nrespondent, must, unless he would be authorized to give unsworn evidence\nat a fact-finding hearing, testify under oath. Each witness, including\nany respondent testifying in his own behalf, may be cross-examined.\n  3. Only non-hearsay evidence shall be admissible to demonstrate\nreasonable cause to believe that the respondent committed a crime;\nexcept that reports of experts and technicians in professional and\nscientific fields and sworn statements of the kinds admissible at a\nhearing upon a felony complaint in a criminal court may be admitted,\nunless the court determines, upon application of the respondent, that\nsuch hearsay evidence is, under the particular circumstances of the\ncase, not sufficiently reliable, in which case the court shall require\nthat the witness testify in person and be subject to cross-examination.\n  4. Such hearing should be completed at one session. In the interest of\njustice, however, it may be adjourned by the court, but no such\nadjournment may be for more than one court day.\n
N.Y. LIE Law § 72 — New York Code / Act LIE / Article 3-A / Section 72
Diversion of trust funds
Status: in_force

§ 72. Diversion of trust funds. 1. Any transaction by which any trust\nasset is paid, transferred or applied for any purpose other than a\npurpose of the trust as stated in subdivision one or subdivision two of\nsection seventy-one, before payment or discharge of all trust claims\nwith respect to the trust, is a diversion of trust assets, whether or\nnot there are trust claims in existence at the time of the transaction,\nand if the diversion occurs by the voluntary act of the trustee or by\nhis consent such act or consent is a breach of trust.\n  Nothing in this article affects the rights of a holder in due course\nof a negotiable instrument or of a purchaser in good faith for value and\nwithout notice that a transfer to him is a diversion of trust assets.\n  2. Trust assets shall not be levied upon or subject to a restraining\nnotice issued pursuant to section fifty-two hundred twenty-two of the\ncivil practice law and rules as the individual property of the trustee.\n  3. In any action or proceeding in which it is sought to apply trust\nassets for a purpose other than a purpose of the trust as stated in\nsubdivision one or subdivision two of section seventy-one\n  (a) it shall be the duty of the trustee, if he is a party, to defend\nthe trust against such application, and if he knows of the action or\nproceeding but is not a party, to make application for intervention\ntherein for the purpose of defending the trust;\n  (b) any beneficiary of the trust having a trust claim may intervene in\nthe action or proceeding to defend the trust against such application.\n
N.Y. UCC Law § 9-342 — New York Code / Act UCC / Article 9 / Part 3 / Subpart 4 / Section 9-342
Bank's Right to Refuse to Enter into or Disclose Existence of Control Agreement
Status: in_force

Section 9--342. Bank's Right to Refuse to Enter into or Disclose\n                  Existence of Control Agreement.\n  This article does not require a bank to enter into an agreement of the\nkind described in Section 9--104(a)(2), even if its customer so requests\nor directs. A bank that has entered into such an agreement is not\nrequired to confirm the existence of the agreement to another person\nunless requested to do so by its customer.\n
N.Y. CAL Law § 22 — New York Code / Act CAL / Article 3 / Section 22
Supervision of contracts
Status: in_force

§ 22. Supervision of contracts. The corporation shall provide for\nfield supervision over improvement, maintenance or repair work on the\ncanal system that is done under contract. The corporation shall assign\nsuch engineers, inspectors and other engineering employees as may be\nnecessary for control over the execution of the work embraced in the\ncontract. Such corporation shall cause the preparation and approval of\nthe estimates of the work accomplished, materials delivered, or other\nitems embodied in the contract and the certificate of the amount of\npayment which may be due under the terms of the contract or legal\nmodifications of the same. Upon the completion of any contract the\ncorporation shall cause the preparation and approval of a certificate of\nacceptance, stating that the work has been well and faithfully performed\nin accordance with the terms and conditions of the contract and all\nlegal modifications thereof.\n
N.Y. PAR Law § 3.02 — New York Code / Act PAR / Title B / Article 3 / Section 3.02
Guiding principles
Status: in_force

§ 3.02 Guiding principles.  The office shall operate and maintain the\nstate park, recreation and historic site system to conserve, protect and\nenhance the natural, ecological, historic, cultural and recreational\nresources contained therein and to provide for the public enjoyment of\nand access to these resources in a manner which will protect them for\nfuture generations.\n
N.Y. AGM Law § 157 — New York Code / Act AGM / Article 13 / Section 157
Apples; closed packages; definition
Status: in_force

§ 157. Apples; closed packages; definition.  The term "closed\npackage," wherever used in this article, shall mean a barrel, box or\nother container, the contents of which cannot be adequately inspected\nwithout opening it.\n
N.Y. SOS Law § 466-A — New York Code / Act SOS / Article 8-B / Section 466-A
Agreements
Status: in_force

§ 466-a. Agreements. The department shall enter into memorandums of\nunderstanding with the office of mental health and the office for people\nwith developmental disabilities. The memorandums with the office for\npeople with developmental disabilities and the office of mental health\nshall facilitate access by those offices to child care facilities\nproviding transitional care to young adults as may be necessary for\nthose offices to meet their responsibilities for monitoring the care of\nthe young adults.\n
N.Y. PEN Law § 275.00 — New York Code / Act PEN / Part 3 / Title P / Article 275 / Section 275.00
Definitions
Status: in_force

§ 275.00 Definitions.\n  The following definitions are applicable to this article:\n  1. "Person" means any individual, firm, partnership, corporation or\nassociation.\n  2. "Owner" means (a) the person who owns, or has the exclusive license\nin the United States to reproduce or the exclusive license in the United\nStates to distribute to the public copies of the sounds fixed in a\nmaster phonograph record, master disc, master tape, master film or any\nother device used for reproducing sounds on phonograph records, discs,\ntapes, films, videocassettes, or any other articles upon which sound is\nrecorded, and from which the transferred recorded sounds are directly\nderived; or (b) the person who owns the rights to record or authorize\nthe recording of a live performance.\n  3. "Fixed" means embodied in a recording by or under the authority of\nthe author, so that the matter embodied is sufficiently permanent or\nstable to permit it to be perceived, reproduced, or otherwise\ncommunicated for a period of more than transitory duration.\n  4. "Performer" means the person or persons appearing in a performance.\n  5. "Performance" means, whether live before an audience or transmitted\nby wire or through the air by radio or television, a recitation,\nrendering, or playing of a series of images, musical, spoken, or other\nsounds, or a combination of images and sounds, in an audible sequence.\n  6. "Recording" means an original phonograph record, disc, tape, audio\nor video cassette, wire, film, hard drive, flash drive, memory card or\nother data storage device or any other medium on which such sounds,\nimages, or both sounds and images are or can be recorded or otherwise\nstored, or a copy or reproduction that duplicates in whole or in part\nthe original.\n
N.Y. TAX Law § 252-A — New York Code / Act TAX / Article 11 / Section 252-A
Other exemptions
Status: in_force

§ 252-a. Other exemptions.  1. Mortgages of real property given to\nsecure obligations incurred and given pursuant to the provisions of\nsection six-a of the banking law shall be exempt from any tax or fee\nimposed by this article.\n  2. Reverse mortgages conforming to the provisions of section two\nhundred eighty or two hundred eighty-a of the real property law securing\nobligations of mortgagors or exempted therefrom pursuant to subdivision\nfour of section two hundred eighty or subdivision four of section two\nhundred eighty-a of the real property law shall be exempt from any tax\nor fee imposed by this article. In each case where an exemption is\nclaimed under this subdivision, the lender shall provide documentation\nin a format approved by the commissioner of taxation and finance to\nenable recording officers to affirmatively determine when a mortgage\nbeing presented for recording is a reverse mortgage conforming to such\nprovisions of the real property law and entitled to an exemption under\nthis subdivision. Where such documentation is not furnished, the maximum\nprincipal debt or obligation which shall be the measure of the tax\nimposed by and pursuant to the authority of this article in the case of\na reverse mortgage shall be the proceeds of the loan which the\nauthorized lender is obligated to lend the borrower at the execution of\nsuch mortgage or at any time thereafter but determined without regard to\nany contingency relating to the addition of any unpaid interest to\nprincipal or relating to any percentage of the future appreciation of\nthe property securing the loan as consideration or additional\nconsideration for the making of the loan. Provided, however, if\nsubsequent to the recording of such mortgage, the proceeds which the\nauthorized lender is obligated to lend the borrower are increased at any\ntime, such new or further indebtedness or obligation shall be the\nmeasure of the tax at such time unless at that time an exemption is\napplicable under the first sentence of this subdivision or otherwise.\n
N.Y. GMU Law § 6-T — New York Code / Act GMU / Article 2 / Section 6-T
Charitable gifts reserve fund
Status: in_force

§ 6-t. Charitable gifts reserve fund. 1. The governing board of any\ncounty or New York city may establish a reserve fund to be known as a\ncharitable gifts reserve fund.\n  2. Such fund may receive unrestricted charitable monetary\ncontributions and the moneys in such fund shall be deposited and secured\nin the manner provided by section ten of this article. The governing\nboard, or the chief fiscal officer of such county, or New York city, if\nthe governing board shall delegate such duty to him or her, may invest\nthe moneys in such fund in the manner provided by section eleven of this\narticle. Any interest earned or capital gain realized on the money so\ndeposited or invested shall accrue to and become part of such fund. The\nseparate identity of such fund shall be maintained whether its assets\nconsist of cash or investments or both.\n  3. At the end of the fiscal year, the governing board of the county or\nNew York city, within sixty days of the close of the fiscal year, shall\ntransfer the funds to the general fund or other fund of the municipal\ncorporation, so that the funds may be used for charitable purposes.\n  4. The governing board shall establish a procedure for contributions\nto the charitable gifts reserve fund, which shall include the provision\nof a written acknowledgment of the gift to the contributor.\n