FrankGoortani/open-us-law huggingface dataset:
N.Y. CVP Law § 2215 — New York Code / Act CVP / Article 22 / Section 2215
Relief demanded by other than moving party
Status: in_force

Rule 2215. Relief demanded by other than moving party. At least three\ndays prior to the time at which the motion is noticed to be heard, or\nseven days prior to such time if demand is properly made pursuant to\nsubdivision (b) of rule 2214, a party may serve upon the moving party a\nnotice of cross-motion demanding relief, with or without supporting\npapers; provided, however, that:\n  (a) if such notice and any supporting papers are served by mailing, as\nprovided in paragraph two of subdivision (b) of rule 2103, they shall be\nserved three days earlier than as prescribed in this rule; and\n  (b) if served by overnight delivery, as provided in paragraph six of\nsubdivision (b) of rule 2103, they shall be served one day earlier than\nas prescribed in this rule. Relief in the alternative or of several\ndifferent types may be demanded; relief need not be responsive to that\ndemanded by the moving party.\n
N.Y. DCD Law § 34 — New York Code / Act DCD / Article 2-A / Section 34
Determination of value by secured creditor
Status: in_force

§ 34. Determination of value by secured creditor. The value of assets\nconstituting the security may be determined by one of the following\nmethods by the secured creditor:\n  (1) By collection. When the asset constituting the security is an\nobligation for the payment of money, the secured creditor may determine\nits value by collection or by exhausting his remedies thereon and then\nsurrendering the obligation to the liquidator.\n  (2) By creditor's sale. When the asset constituting the security is\nsomething other than an obligation for the payment of money, the secured\ncreditor may determine its value by creditor's sale.\n
N.Y. PVH Law § 121 — New York Code / Act PVH / Article 5 / Section 121
Sinking fund
Status: in_force

§ 121. Sinking fund. Unless other provision be made therefor in the\ncontract with the municipality, the supervising agency, if it shall deem\nit feasible at any time, subject to the limitation contained in section\none hundred seven of this article, may require a redevelopment company\nto provide out of earnings, after provision for distributions and\ninterest, a sinking fund in an amount to be fixed by such supervising\nagency for the gradual retirement of the capital and income debenture\ncertificates of such company. Such sinking fund may be used either for\nthe purchase or retirement, from time to time, of capital or income\ndebenture certificates at a price approved by the supervising agency not\nexceeding par value thereof with accrued and unpaid distributions or\ninterest, or if it be not practicable to purchase or retire such capital\nor such income debenture certificates at a price so approved, the moneys\nin such sinking fund may be added to the surplus of such company. Any\ncapital evidenced by shares or income debenture certificates purchased\nor retired out of such sinking fund shall be cancelled and shall not be\nreissued.\n
N.Y. BNK Law § 626 — New York Code / Act BNK / Article 13 / Section 626
Judgments recovered shall not be liens
Status: in_force

§ 626. Judgments recovered shall not be liens. A lien shall not attach\nto any of the property or assets of any banking organization by reason\nof the entry of any judgment recovered against such banking organization\nafter the superintendent has taken possession of its property and\nbusiness and so long as such possession continues.\n
N.Y. PBH Law § 2902 — New York Code / Act PBH / Article 29 / Section 2902
Receipt and disbursement of funds
Status: in_force

§ 2902. Receipt and disbursement of funds. The department of taxation\nand finance is authorized to accept and receive from the federal\ngovernment any moneys which the federal government shall offer to the\nstate to assist it to inventory its hospitals, to survey the need of\nconstruction of hospitals, to develop a program for construction of\npublic and nonprofit hospitals and to carry out the plan for\nconstruction of such hospitals in accordance with such program, and\ngenerally for all the purposes for which any such moneys shall be\noffered under or pursuant to any federal law heretofore or hereafter\nenacted authorizing grants to the state for such purposes or similar\npurposes, including payments to political subdivisions or any public or\nother nonprofit agencies of the state.\n  Any and all such grants and moneys awarded for assistance to this\nstate under or pursuant to any federal law shall be accepted and\nreceived by the department of taxation and finance as custodian thereof\nand such moneys, so received, shall be deposited by such department of\ntaxation and finance in a special fund or funds and shall be used\nexclusively for the purposes of any such federal law. Such moneys shall\nbe paid from such fund or funds on the audit and warrant of the\ncomptroller upon vouchers certified or approved by the commissioner.\n  Any moneys appropriated or otherwise available to the department of\nhealth may be disbursed by it to any political subdivision or voluntary\nnonprofit agency or, on the advice of the state hospital review and\nplanning council, to any health systems agency, pursuant to contract for\nservices rendered to effectuate the purposes of this article.\n
N.Y. UDC Law § 1805-A — New York Code / Act UDC / Article 18-A / Section 1805-A
Remedies available; transfer of commercial claims
Status: in_force

§ 1805-A. Remedies available; transfer of commercial claims.\n  (a) Upon determination of a commercial claim, the court shall direct\njudgment in accordance with its findings, and, when necessary to do\nsubstantial justice between the parties, may condition the entry of\njudgment upon such terms as the court shall deem proper. Pursuant to\nsection fifty-two hundred twenty-nine of the civil practice law and\nrules, prior to entering a judgment, the court may order the examination\nof or disclosure by, the defendant and restrain him to the same extent\nas if a restraining notice had been served upon him after judgment was\nentered.\n  (b) The court shall have power to transfer any commercial claim or\nclaims to any other part of the court upon such terms as the rules may\nprovide, and proceed to hear the same according to the usual practice\nand procedure applicable to other parts of the court.\n  (c) No counterclaim shall be permitted in a commercial claims action,\nunless the court would have had monetary jurisdiction over the\ncounterclaim if it had been filed as a commercial claim. Any other claim\nsought to be maintained against the claimant may be filed in any court\nof competent jurisdiction.\n  (d) If the defendant appears to be engaged in repeated fraudulent or\nillegal acts or otherwise demonstrates persistent fraud or illegality in\nthe carrying on, conducting or transaction of business, the court shall\neither advise the attorney general in relation to his authority under\nsubdivision twelve of section sixty-three of the executive law, or shall\nadvise the claimant to do same, but shall retain jurisdiction over the\ncommercial claim.\n  (e) If the defendant appears to be engaged in fraudulent or illegal\nacts or otherwise demonstrates fraud or illegality in the carrying on,\nconducting or transaction of a licensed or certified business, the court\nshall either advise the appropriate state or local licensing or\ncertifying authority or shall advise the claimant to do same, but shall\nretain jurisdiction over the commercial claim.\n
N.Y. RCO Law § 7-A — New York Code / Act RCO / Article 2 / Section 7-A
Deeds for cemetery purposes; presumption
Status: in_force

§ 7-a. Deeds for cemetery purposes; presumption. Every deed of\nconveyance of real property to a religious corporation used for cemetery\npurposes, whether heretofore or hereafter recorded, shall be presumptive\nevidence that the conveyance vested in the grantee and its successors a\nfee simple absolute in the premises therein described, subject to the\nlimitations and conditions therein prescribed, and that all proceedings\nprior thereto, including the consent of the court, if required, were\nregular and in accordance with all the provisions of law relating\nthereto. At the expiration of twenty years from the date of record of\nany such conveyance, heretofore or hereafter recorded, such presumption\nshall be conclusive.\n
N.Y. CNT Law § 386 — New York Code / Act CNT / Article 7-A / Section 386
Board of managers; appointment; terms; expenses
Status: in_force

§ 386. Board of managers; appointment; terms; expenses. When the board\nof supervisors shall have determined to establish a hospital for the\ncare and treatment of persons suffering from tuberculosis, and shall\nhave acquired a site therefor, and shall have awarded contracts for the\nnecessary buildings and improvements thereon, it shall appoint five\ncitizens of the county, of whom at least two shall be practicing\nphysicians, who shall constitute a board of managers of the said\nhospital. The term of office of each member of said board shall be five\nyears, and the term of one of such managers shall expire annually; the\nfirst appointments shall be made for the respective terms of five, four,\nthree, two and one years.  Appointments of successors shall be for the\nfull term of five years, except that appointment of persons to fill\nvacancies occurring by death, resignation or other cause shall be made\nfor the unexpired term. Failure of any manager to attend three\nconsecutive meetings of the board shall cause a vacancy in his office,\nunless said absence is excused by formal action of the board of\nmanagers. The managers shall receive no compensation for their services,\nbut shall be allowed their actual and necessary traveling and other\nexpenses, to be audited and paid, in the same manner as the other\nexpenses of the hospital, by the board of supervisors. Any manager may\nat any time be removed from office by the board of supervisors of the\ncounty, for cause after an opportunity to be heard.\n
N.Y. CVP Law § 4502 — New York Code / Act CVP / Article 45 / Section 4502
Spouse
Status: in_force

§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or\nwife is not competent to testify against the other in an action founded\nupon adultery, except to prove the marriage, disprove the adultery, or\ndisprove a defense after evidence has been introduced tending to prove\nsuch defense.\n  (b) Confidential communication privileged. A husband or wife shall not\nbe required, or, without consent of the other if living, allowed, to\ndisclose a confidential communication made by one to the other during\nmarriage.\n
N.Y. TAX Law § 1449-CCC — New York Code / Act TAX / Article 31-E / Section 1449-CCC
Payment of tax
Status: in_force

§ 1449-ccc. Payment of tax. 1. The real estate transfer tax imposed\npursuant to this article shall be paid to the treasurer or the recording\nofficer acting as the agent of the treasurer. Such tax shall be paid at\nthe same time as the real estate transfer tax imposed by article\nthirty-one of this chapter is required to be paid. Such treasurer or\nrecording officer shall endorse upon each deed or instrument effecting a\nconveyance a receipt for the amount of the tax so paid.\n  2. A return shall be required to be filed with such treasurer or\nrecording officer for purposes of the real estate transfer tax imposed\npursuant to this article at the same time as a return is required to be\nfiled for purposes of the real estate transfer tax imposed by article\nthirty-one of this chapter. The return, for purposes of the real estate\ntransfer tax imposed pursuant to this article, shall be a photocopy or\ncarbon copy of the real estate transfer tax return required to be filed\npursuant to section fourteen hundred nine of this chapter.  However,\nwhen an apportionment is required to be made pursuant to section\nfourteen hundred forty-nine-mmm of this article, a supplemental form\nshall also be required to be filed. The real estate transfer tax returns\nand supplemental forms required to be filed pursuant to this section\nshall be preserved for three years and thereafter until such treasurer\nor recording officer orders them to be destroyed.\n  3. The recording officer shall not record an instrument effecting a\nconveyance unless the return required by this section has been filed and\nthe tax imposed pursuant to this article shall have been paid as\nprovided in this section.\n
N.Y. LEG Law § 47 — New York Code / Act LEG / Article 3 / Section 47
Officers and institutions entitled to receive volumes of journals, bills and public documents
Status: in_force

§ 47. Officers and institutions entitled to receive volumes of\njournals, bills and public documents.  The secretary of the senate and\nthe clerk of the assembly for their respective houses shall distribute\nbound volumes of journals and bound volumes of bills, and other public\ndocuments of each house of the legislature or any of its standing,\nspecial, select or joint committees, subcommittees, or legislative\ncommissions as follows:\n  1. To the legislative library, three copies of the journals, bills,\nand public documents;\n  2. To the New York state library, for its depositories, the United\nStates Library of Congress and general exchange, thirty copies of the\njournals, thirty copies of the public documents, and one copy of the\nbills;\n  3. To the executive chamber, one copy of the bills;\n  4. To the office of the secretary of state, one copy of the bills;\n  5. To the office of the attorney general, one copy of the journals and\nbills.\n  6. The term "public document" as used in this section shall mean those\ndocuments defined by rules and regulations of the temporary president of\nthe senate and the speaker of the assembly for their respective houses\nof the legislature.\n
N.Y. MHY Law § 79.05 — New York Code / Act MHY / Title E / Article 79 / Section 79.05
Limitations on number of wards
Status: in_force

§ 79.05 Limitations on number of wards.\n  Except as hereinafter provided it shall be unlawful for any person to\naccept appointment as guardian of any ward if such proposed guardian\nshall at that time be acting as guardian for five wards. In any case\nupon presentation of a petition by an attorney of the administration\nunder this section alleging that a guardian is acting in a fiduciary\ncapacity for more than five wards and requesting his discharge for that\nreason, the court, upon proof substantiating the petition, shall require\na final accounting forthwith from such guardian and shall discharge such\nguardian in said case.\n  The limitations of this section shall not apply where the guardian is\na bank or trust company. An individual may be guardian of more than five\nwards if they are all members of the same family.\n
N.Y. ENV Law § 43-0111 — New York Code / Act ENV / Article 43 / Section 43-0111
Commercial use in zones
Status: in_force

§ 43-0111. Commercial use in zones.\n  On and after (a) the establishment, alteration, or extension of a\npermanent zone, (b) the filing of the order establishing, altering, or\nextending such zone, together with the map and description thereof, in\nthe office of the clerk of each county in which such zone is located,\n(c) the recording in the appropriate county clerk's office of the\nwritten instruments by which the use for commercial purposes of all real\nproperty in such zone is prohibited, restricted, or controlled, and (d)\nnotice of the establishment, alteration, or extension of such zone has\nbeen published four times in a newspaper having general circulation in\nthe area in which such zone is located, no real property within such\nzone shall be used for commercial purposes except as authorized or\npermitted by the terms of the order establishing, altering, or extending\nsuch zone or as authorized or permitted pursuant to subdivision 5 of\nsection 43-0107 of this article.\n
N.Y. CVP Law § 10001 — New York Code / Act CVP / Article 100 / Section 10001
Repeal of the civil practice act
Status: in_force

§ 10001. Repeal of the civil practice act.  Chapter nine hundred\ntwenty-five of the laws of nineteen hundred twenty, entitled "An act in\nrelation to the civil practice in the courts of the state of New York, "\nand all acts amendatory thereof and supplemental thereto, constituting\nthe civil practice act, as heretofore in effect, are hereby repealed.\n
N.Y. GBS Law § 520-D — New York Code / Act GBS / Article 29-A / Section 520-D
Unsolicited convenience checks
Status: in_force

§ 520-d. Unsolicited convenience checks. 1. As used in this section,\nthe following terms shall have the following meanings:\n  (a) "check" means any negotiable instrument, as defined by section\n3-104 of the uniform commercial code, that has imprinted on it the\nholder's name and the depository institution's name, location, and\nrouting number.\n  (b) "unsolicited check" means any check mailed or otherwise delivered\nto a holder by an issuer or agent acting on behalf of an issuer for the\npurpose of drawing on an existing account that is an extension of credit\nor activating an account to obtain credit other than:\n  (1) in response to a request or application for a check or account; or\n  (2) as a substitute for a check or account previously issued to the\nperson to whom the check is mailed or otherwise delivered.\n  2. No holder in whose name an unsolicited check is issued shall be\nliable for any amount resulting from use of that check or account,\nunless the holder has accepted the check or account by using the check\nor account. Failure to destroy or return an unsolicited check shall not\nconstitute acceptance of the check or account.\n  3. Any agreement entered into by a holder which waives, limits or\ndisclaims the rights set forth in this section shall be void as contrary\nto public policy.\n
N.Y. EPT Law § 1-2.10 — New York Code / Act EPT / Article 1 / Part 2 / Section 1-2.10
Issue
Status: in_force

§ 1-2.10 Issue\n  (a)  Unless a contrary intention is indicated:\n  (1)  Issue are the descendants in any degree from a common ancestor.\n  (2)  The terms "issue" and "descendants", in subparagraph (1), include\nadopted children.\n
N.Y. EXC Law § 214-H*2 — New York Code / Act EXC / Article 11 / Section 214-H*2
Model law enforcement death notification policy
Status: in_force

* § 214-h. Model law enforcement death notification policy. The\nsuperintendent, in collaboration with the office of victim services,\nshall, for all members of the division of state police:\n  1. Develop, maintain and disseminate a model law enforcement death\nnotification policy setting forth recommended policies and procedures\nregarding in-person death notifications to a deceased individual's next\nof kin. Such policies and procedures shall make provisions for education\nand training of current and new police officers in the planning,\npreparation, and delivery of in-person death notifications, including\nbut not limited to, policies and procedures for:\n  (a) the identification of the deceased individual, the collection of\naccurate information regarding the deceased individual, and the\nidentification of the deceased individual's next of kin;\n  (b) the actual delivery of in-person death notifications to the\ndeceased individual's next of kin within twenty-four hours following the\nidentification of such individual; provided, however, such policies and\nprocedures shall provide that, in the event that an in-person death\nnotification cannot be provided to the deceased individual's next of kin\nwithin such timeframe, the failure or delay of such notification shall\nbe documented and such notification shall instead be made as soon as\npracticable; and\n  (c) providing information to the deceased individual's next of kin\nregarding the existence of programs and support services available to\nthem.\n  2. Recommend to the governor rules and regulations with respect to the\nestablishment and implementation on an ongoing basis of a training\nprogram for all current and new police officers regarding the policies\nand procedures established pursuant to this section, along with\nrecommendations for periodic retraining of police officers.\n  3. Disseminate the model law enforcement death notification policy\npromulgated in accordance with this section to all members of the state\npolice and develop a model training program for all current and new\npolice officers regarding the policies and procedures established\npursuant to such section.\n  * NB There are 2 § 214-h's\n
N.Y. PEN Law § 205.50 — New York Code / Act PEN / Part 3 / Title L / Article 205 / Section 205.50
Hindering prosecution; definition of term
Status: in_force

§ 205.50 Hindering prosecution; definition of term.\n  As used in sections 205.55, 205.60 and 205.65, a person "renders\ncriminal assistance" when, with intent to prevent, hinder or delay the\ndiscovery or apprehension of, or the lodging of a criminal charge\nagainst, a person who he knows or believes has committed a crime or is\nbeing sought by law enforcement officials for the commission of a crime,\nor with intent to assist a person in profiting or benefiting from the\ncommission of a crime, he:\n  1. Harbors or conceals such person; or\n  2. Warns such person of impending discovery or apprehension; or\n  3. Provides such person with money, transportation, weapon, disguise\nor other means of avoiding discovery or apprehension; or\n  4. Prevents or obstructs, by means of force, intimidation or\ndeception, anyone from performing an act which might aid in the\ndiscovery or apprehension of such person or in the lodging of a criminal\ncharge against him; or\n  5. Suppresses, by any act of concealment, alteration or destruction,\nany physical evidence which might aid in the discovery or apprehension\nof such person or in the lodging of a criminal charge against him; or\n  6. Aids such person to protect or expeditiously profit from an\nadvantage derived from such crime.\n
N.Y. GMU Law § 411 — New York Code / Act GMU / Article 14-C / Section 411
Undertaking exempt from taxation
Status: in_force

§ 411. Undertaking exempt from taxation. So long as a municipality\nshall own any undertaking, the property, within the municipality, and\nall revenue of such undertaking shall be exempt from taxation.\n
N.Y. STF Law § 49 — New York Code / Act STF / Article 4 / Section 49
Segregation of lump sum appropriations
Status: in_force

§ 49. Segregation of lump sum appropriations. When, in any act, lump\nsum appropriations are made for personal service, or for maintenance and\noperation or for non-personal service, or for maintenance undistributed\nincluding personal service, other than such appropriations for the\nlegislature or judiciary, and appropriations from proprietary or\nfiduciary funds, no moneys so appropriated shall be available for\npayments for personal service, or maintenance and operation or for\nnon-personal service, or maintenance undistributed including personal\nservice until a schedule of positions and salaries have been approved by\nthe director of the budget and the amounts to be available for other\npersonal service classes of expenditure and for the expenses of\nmaintenance and operation or for non-personal service shall have been\napproved by the director of the budget. Such approval shall be reported\nto the chairperson of the senate finance committee, the chairperson of\nthe assembly ways and means committee, and the state comptroller either\nby the filing of a certificate or, with the consent of the officer\nreceiving such notice, by means of electronic data transfer in lieu of a\ncertification. Any such approved schedule may be amended, however, with\nnotice of approval of the director of the budget given in the same\nmanner as set forth in the preceding sentence.\n