FrankGoortani/open-us-law huggingface dataset:
N.Y. MHY Law § 33.28 — New York Code / Act MHY / Title E / Article 33 / Section 33.28
Independent developmental disability ombudsman program
Status: in_force

§ 33.28 Independent developmental disability ombudsman program.\n  (a) There is hereby established by the office for people with\ndevelopmental disabilities the independent developmental disability\nombudsman program for the purpose of assisting individuals with\ndevelopmental disabilities to access services and preserve their rights.\n  (b) Such ombudsman program shall have the following duties, including,\nbut not limited to identifying, investigating, referring and resolving\ncomplaints that are made by, or on behalf of individuals relative to\naccess to services provided by the office for people with developmental\ndisabilities or care coordination or other providers certified and/or\nauthorized by the office to provide services to people with\ndevelopmental disabilities, and access to initial and continuing\nintellectual and developmental disability services and supports.\n  (c) Notices and materials provided to individuals by the office for\npeople with developmental disabilities, providers of services, and the\nhealth homes serving individuals with developmental disabilities shall\ninclude the name, phone number and website address of the independent\ndevelopmental disability ombudsman program established by the office for\npeople with developmental disabilities pursuant to this section. The\nphone number shall be available for forty hours every week.\n  (d) Funds available for expenditure pursuant to this section for the\nestablishment of an independent developmental disability ombudsman\nprogram may be allocated and distributed by the commissioner of the\noffice for people with developmental disabilities, subject to the\napproval of the director of the budget, but only after the commissioner\nof the office for people with developmental disabilities holds a request\nfor proposal process for the establishment of an independent\ndevelopmental disability ombudsman program. The commissioner of the\noffice for people with developmental disabilities shall consider all\ncompetitive proposals submitted through such request for proposal\nprocess and shall determine which proposal submitted is appropriate for\nthe establishment of an independent developmental disability ombudsman\nprogram. In making such determination, applicants who demonstrate\nexperience providing advocacy or assistance to people with developmental\ndisabilities, or experience tracking and reporting on case activities\nwhile protecting individual confidentiality shall receive deference for\nthe award.\n
N.Y. CVP Law § 4404 — New York Code / Act CVP / Article 44 / Section 4404
Post-trial motion for judgment and new trial
Status: in_force

Rule 4404. Post-trial motion for judgment and new trial. (a) Motion\nafter trial where jury required. After a trial of a cause of action or\nissue triable of right by a jury, upon the motion of any party or on its\nown initiative, the court may set aside a verdict or any judgment\nentered thereon and direct that judgment be entered in favor of a party\nentitled to judgment as a matter of law or it may order a new trial of a\ncause of action or separable issue where the verdict is contrary to the\nweight of the evidence, in the interest of justice or where the jury\ncannot agree after being kept together for as long as is deemed\nreasonable by the court.\n  (b) Motion after trial where jury not required. After a trial not\ntriable of right by a jury, upon the motion of any party or on its own\ninitiative, the court may set aside its decision or any judgment entered\nthereon.  It may make new findings of fact or conclusions of law, with\nor without taking additional testimony, render a new decision and direct\nentry of judgment, or it may order a new trial of a cause of action or\nseparable issue.\n
N.Y. GMU Law § 517 — New York Code / Act GMU / Article 15 / Section 517
Disqualification of commissioner, officers and employees
Status: in_force

§ 517. Disqualification of commissioner, officers and employees.\nNeither the commissioner, nor any officer or employee in the division of\nhousing shall acquire or hold any interest, direct or indirect, in such\nstate-aided urban renewal program or in any property then or thereafter\nincluded or planned to be included in such state-aided urban renewal\nprogram, nor shall he retain any interest, direct or indirect, in any\nproperty acquired prior to his appointment or employment which is later\nincluded, or to his knowledge planned to be included, in such\nstate-aided urban renewal program, nor shall he have any interest,\ndirect or indirect, in any contract or proposed contract for materials\nor services to be furnished or used in connection with such state-aided\nurban renewal program. If the commissioner, or any officer or employee\nin the division of housing, owns or controls an interest, direct or\nindirect, in any property included in any such state-aided urban renewal\nprogram, or in any contract or proposed contract for materials or\nservices to be furnished or used in connection with such state-aided\nurban renewal program, he shall disclose such interest and the date of\nacquisition thereof in writing to the governor and the commissioner, and\nsuch disclosure shall be entered in a special record of the division of\nhousing kept for such purpose.\n
N.Y. RPP Law § 234 — New York Code / Act RPP / Article 7 / Section 234
Right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property
Status: in_force

§ 234. Right to recover attorneys' fees in actions or summary\nproceedings arising out of leases of residential property. 1. Whenever a\nlease of residential property shall provide that in any action or\nsummary proceeding the landlord may recover attorneys' fees and/or\nexpenses incurred as the result of the failure of the tenant to perform\nany covenant or agreement contained in such lease, or that amounts paid\nby the landlord therefor shall be paid by the tenant as additional rent,\nthere shall be implied in such lease a covenant by the landlord to pay\nto the tenant the reasonable attorneys' fees and/or expenses incurred by\nthe tenant as the result of the failure of the landlord to perform any\ncovenant or agreement on its part to be performed under the lease or in\nthe successful defense of any action or summary proceeding commenced by\nthe landlord against the tenant arising out of the lease, and an\nagreement that such fees and expenses may be recovered as provided by\nlaw in an action commenced against the landlord or by way of\ncounterclaim in any action or summary proceeding commenced by the\nlandlord against the tenant. A landlord may not recover attorneys' fees\nupon a default judgment. Any waiver of this section shall be void as\nagainst public policy.\n  2. Notwithstanding the provisions of subdivision one of this section,\nwhere a tenant is a dwelling unit owner or shareholder of a cooperative\nhousing corporation, other than a cooperative housing corporation\nsubject to the provisions of article two, article four, article five or\narticle eleven of the private housing finance law, attorney's fees may\nbe awarded to either party in the event of default judgment if recovery\nof attorney's fees is provided for in the proprietary lease or occupancy\nagreement.\n
N.Y. CPL Law § 60.55 — New York Code / Act CPL / Part 1 / Title D / Article 60 / Section 60.55
Rules of evidence; psychiatric testimony in certain cases
Status: in_force

§ 60.55  Rules of evidence; psychiatric testimony in certain cases.\n  1. When, in connection with the affirmative defense of lack of\ncriminal responsibility by reason of mental disease or defect, a\npsychiatrist or licensed psychologist testifies at a trial concerning\nthe defendant's mental condition at the time of the conduct charged to\nconstitute a crime, he must be permitted to make a statement as to the\nnature of any examination of the defendant, the diagnosis of the mental\ncondition of the defendant and his opinion as to the extent, if any, to\nwhich the capacity of the defendant to know or appreciate the nature and\nconsequence of such conduct, or its wrongfulness, was impaired as a\nresult of mental disease or defect at that time.\n  The psychiatrist or licensed psychologist must be permitted to make\nany explanation reasonably serving to clarify his diagnosis and opinion,\nand may be cross-examined as to any matter bearing on his competency or\ncredibility or the validity of his diagnosis or opinion.\n  2. Any statement made by the defendant to a psychiatrist or licensed\npsychologist during his examination of the defendant shall be\ninadmissible in evidence on any issue other than that of the affirmative\ndefense of lack of criminal responsibility, by reason of mental disease\nor defect. The statement shall, however, be admissible upon the issue of\nthe affirmative defense of lack of criminal responsibility by reason of\nmental disease or defect, whether or not it would otherwise be deemed a\nprivileged communication. Upon receiving the statement in evidence, the\ncourt must instruct the jury that the statement is to be considered only\non the issue of such affirmative defense and may not be considered by it\nin its determination of whether the defendant committed the act\nconstituting the crime charged.\n
N.Y. PEN Law § 215.20 — New York Code / Act PEN / Part 3 / Title L / Article 215 / Section 215.20
Bribe receiving by a juror
Status: in_force

§ 215.20 Bribe receiving by a juror.\n  A juror is guilty of bribe receiving by a juror when he solicits,\naccepts or agrees to accept any benefit from another person upon an\nagreement or understanding that his vote, opinion, judgment, decision or\nother action as a juror will thereby be influenced.\n  Bribe receiving by a juror is a class D felony.\n
N.Y. UCC Law § 2-A-512 — New York Code / Act UCC / Article 2-A / Part 5 / Section 2-A-512
Lessee's Duties as to Rightfully Rejected Goods
Status: in_force

Section 2-A-512. Lessee's Duties as to Rightfully Rejected Goods.\n  (1) Except as otherwise provided with respect to goods that threaten\nto decline in value speedily (Section 2-A-511) and subject to any\nsecurity interest of a lessee (Section 2-A-508(5)):\n       (a) the lessee, after rejection of goods in the lessee's\n           possession, shall hold them with reasonable care at the\n           lessor's or the supplier's disposition for a reasonable time\n           after the lessee's seasonable notification of rejection;\n       (b) if the lessor or the supplier gives no instructions within a\n           reasonable time after notification of rejection, the lessee\n           may store the rejected goods for the lessor's or the\n           supplier's account or ship them to the lessor or the supplier\n           or dispose of them for the lessor's or the supplier's account\n           with reimbursement in the manner provided in Section 2-A-511;\n           but\n       (c) the lessee has no further obligations with regard to goods\n           rightfully rejected.\n  (2) Action by the lessee pursuant to subsection (1) is not acceptance\nor conversion.\n
N.Y. PEN Law § 190.72 — New York Code / Act PEN / Part 3 / Title K / Article 190 / Section 190.72
Unauthorized radio transmission
Status: in_force

§ 190.72 Unauthorized radio transmission.\n  A person is guilty of an unauthorized radio transmission when such\nperson knowingly makes or causes to be made a radio transmission in this\nstate, on a radio frequency assigned and licensed by the federal\ncommunications commission for use by amplitude modulation (AM) radio\nstations between the frequencies of five hundred thirty kilohertz (kHz)\nto seventeen hundred kilohertz (kHz), or frequency modulation (FM) radio\nstations between the frequencies of eighty-eight megahertz (MHz) to one\nhundred eight megahertz (MHz), without authorization or having first\nobtained a license from the federal communications commission or duly\nauthorized federal agency, in violation of federal law.\n  Unauthorized radio transmission is a class A misdemeanor.\n
N.Y. PEN Law § 225.32 — New York Code / Act PEN / Part 3 / Title M / Article 225 / Section 225.32
Possession of a gambling device; defenses
Status: in_force

§ 225.32 Possession of a gambling device; defenses.\n  1. In any prosecution for possession of a gambling device specified in\nsubdivision one of section 225.30 of this article, it is an affirmative\ndefense that: (a) the slot machine possessed by the defendant was\nneither used nor intended to be used in the operation or promotion of\nunlawful gambling activity or enterprise and that such slot machine is\nan antique; for purposes of this section proof that a slot machine was\nmanufactured prior to nineteen hundred forty-one shall be conclusive\nproof that such a machine is an antique; (b) the slot machine possessed\nby the defendant was manufactured or assembled by the defendant for the\nsole purpose of transporting such slot machine in a sealed container to\na jurisdiction outside this state for purposes which are lawful in such\noutside jurisdiction; or (c) the slot machine possessed by the defendant\nwas neither used nor intended to be used in the operation or promotion\nof unlawful gambling activity or enterprise, is more than thirty years\nold, and such possession takes place in the defendant's home.\n  2. Where a defendant raises an affirmative defense provided by\nsubdivision one hereof, any slot machine seized from the defendant shall\nnot be destroyed, or otherwise altered until a final court determination\nis rendered. In a final court determination rendered in favor of said\ndefendant, such slot machine shall be returned, forthwith, to said\ndefendant, notwithstanding any provisions of law to the contrary.\n
N.Y. EPT Law § 2-1.10 — New York Code / Act EPT / Article 2 / Part 1 / Section 2-1.10
Provisions relating to infants and minors
Status: in_force

§ 2-1.10 Provisions relating to infants and minors\n  (a) Unless the creator expressly provides to the contrary, in any\ninstrument executed prior to September first, nineteen hundred\nseventy-four, the words "minor", "minority", "infant", "infancy",\n"majority", "adult" and words of like import shall mean or refer to a\nperson or a class of persons under the age of twenty-one years or who\nshall have reached such age, according to the context, and, unless\notherwise expressly provided in any instrument executed on or after\nSeptember first, nineteen hundred seventy-four shall mean or refer to a\nperson or a class of persons under the age of eighteen years or who\nshall have reached such age, according to the context, except that any\ndesignation of a testamentary guardian of a "minor" or an "infant" shall\nrefer to a guardianship of a person who has not reached the age of\neighteen years, regardless of the date of the instrument containing the\ndesignation.\n  (b) This act shall not apply to distributions made subsequent to\nSeptember first, nineteen hundred seventy-four and prior to the\neffective date of this act.\n
N.Y. PBS Law § 224-B — New York Code / Act PBS / Article 11 / Section 224-B
Cable bills
Status: in_force

§ 224-b. Cable bills. 1. At the time service is initiated to a\nresidential customer and at least once a year thereafter, every\ntelephone corporation, as defined in subdivision seventeen of section\ntwo of this chapter, and every cable television company, as defined in\nsection two hundred twelve of this article that provides cable service\nto customers in New York shall provide its customers with a notice that\nbilling statements are available in a large print format. Upon written\nrequest by a customer, every telephone corporation and cable television\ncompany shall provide the customer's billing statements in large print\nformat no later than sixty days after the date upon which the request is\nreceived by the telephone corporation and cable television company. The\nprovisions of this section shall apply only to printed statements. For\nthe purposes of this section, "large print" means a font size of sixteen\nor larger to illuminate billing information.\n  2. Upon customer request, every telephone corporation and cable\ntelevision company shall provide copies of previous billing statements\nand/or statements verifying that such person requesting the document is\na customer of such telephone corporation or television company.\nTelephone corporations and television companies shall not impose any\nfee, charge or surcharge for such requests.\n
N.Y. TAX Law § 209-N — New York Code / Act TAX / Article 9-A / Section 209-N
Retired and rescued thoroughbred race horse aftercare
Status: in_force

* § 209-N. Retired and rescued thoroughbred race horse aftercare.\nEffective for any tax year commencing on or after the effective date of\nthis section, a taxpayer in any taxable year may elect to contribute to\nthe New York state thoroughbred breeding and development fund\nestablished pursuant to section two hundred fifty-two of the racing,\npari-mutuel wagering and breeding law, for the purpose of funding the\noperation of retired race horse aftercare facilities. Any contributions\nmade to the thoroughbred breeding and development fund pursuant to this\nsection shall be deposited into a dedicated account managed by the fund,\nwhich shall solely be used for funding the operation of retired race\nhorse aftercare facilities, with a preference for those organizations\nthat are accredited horse retirement and rescue programs. Such\ncontribution shall be in any whole dollar amount and shall not reduce\nthe amount of the state tax owed by such taxpayer. The commissioner\nshall include space on the corporate income tax return to enable a\ntaxpayer to make such contribution. Notwithstanding any other provision\nof law, all revenues collected pursuant to this section shall be\ncredited to the New York state thoroughbred retirement race horse and\naftercare fund and shall be used only for those purposes set forth in\nparagraph h of subdivision two of section two hundred fifty-four of the\nracing, pari-mutuel wagering and breeding law.\n  * NB Effective January 1, 2022\n
N.Y. RCO Law § 207 — New York Code / Act RCO / Article 10 / Section 207
The number of trustees of Jewish congregations and voting by proxy at certain meetings thereof
Status: in_force

§ 207. The number of trustees of Jewish congregations and voting by\nproxy at certain meetings thereof. A congregation of the Jewish faith\nmay at any general or special corporate meeting thereof change the\nnumber of its trustees to not more than seventy-two and classify them so\nthat the terms of one-third shall expire each year and the trustees\nelected shall hold office for three years. Whenever the number of\ntrustees in office is less than the number determined on, sufficient\nadditional trustees shall be elected to make the total number of\ntrustees equal to the number determined on. The additional trustees so\nto be elected shall be classified and hold office for such terms, not\nexceeding three years each, so that the terms of one-third of the total\nnumber of trustees shall expire each year, and thereafter for a term of\nthree years each. The right of the members of such congregation to vote\nat meetings thereof shall be fixed by its by-laws, but every member of\nsuch congregation entitled to vote at any meeting thereof may vote by\nproxy on any proposition to sell, mortgage or lease any of its property\nor for its consolidation with one or more other religious corporations\nof the Jewish faith, or, in a city having a population of one million or\nmore according to the latest federal census, in any election of trustees\nor officers. Every proxy must be executed in writing by the member\nconferring the same and shall not be given to any person other than a\nmember of the congregation. No proxy shall be valid after the expiration\nof one year from the date of its execution.  Every proxy shall be\nrevocable at the pleasure of the person executing it.\n
N.Y. TAX Law § 187-E — New York Code / Act TAX / Article 9 / Section 187-E
Credit for transportation improvement contributions
Status: in_force

§ 187-e. Credit for transportation improvement contributions. 1.\nAllowance of credit. A taxpayer shall be allowed a credit, to be\ncomputed as provided in section twenty of this chapter, against the\ntaxes imposed by sections one hundred eighty-three, one hundred\neighty-four and former section one hundred eighty-six of this article.\nProvided, however, that the amount of such credit allowable against the\ntax imposed by section one hundred eighty-four of this article shall be\nthe excess of the amount of such credit over the amount of any credit\nallowed by this section against the tax imposed by section one hundred\neighty-three of this article.\n  2. Application of credit. In no event shall the credit under this\nsection be allowed in an amount which will reduce the tax payable to\nless than the applicable minimum tax fixed by section one hundred\neighty-three or former section one hundred eighty-six of this article.\nIf, however, the amount of credit allowable under this section for any\ntaxable year reduces the tax to such amount, any amount of credit not\nthus deductible in such taxable year shall be treated as an overpayment\nof tax to be credited or refunded in accordance with the provisions of\nsection ten hundred eighty-six of this chapter. Provided, however, the\nprovisions of subsection (c) of section ten hundred eighty-eight of this\nchapter notwithstanding, no interest shall be paid thereon.\n  3. Credit recapture. For provisions requiring recapture of credit, see\nsubdivision (c) of section twenty of this chapter.\n
N.Y. CAN Law § 19 — New York Code / Act CAN / Article 2 / Section 19
Public health and education campaign
Status: in_force

§ 19. Public health and education campaign. The office, in\nconsultation with the commissioners of the department of health, office\nof addiction services and supports, and office of mental health, shall\ndevelop and implement a comprehensive public health monitoring,\nsurveillance and education campaign regarding the legalization of\nadult-use cannabis and the impact of cannabis use on public health and\nsafety. The public health and education campaign shall also include\ngeneral education to the public about the cannabis law, including the\npotential risks associated with patronizing unlicensed retail locations,\nor otherwise procuring cannabis product, cannabinoid hemp or hemp\nextract product through persons not authorized by the office.\n
N.Y. CVP Law § 8604 — New York Code / Act CVP / Article 86 / Section 8604
Annual report
Status: in_force

§ 8604. Annual report. The department of law shall file with the\ngovernor, the speaker of the assembly and the temporary president of the\nsenate an annual report describing the number, nature and amount of each\naward in the previous fiscal year including the agency involved in each\naction, and other relevant information which might aid the legislature\nand the governor in evaluating the scope and impact of such awards.\n
N.Y. GBS Law § 26 — New York Code / Act GBS / Article 3 / Section 26
Record open to inspection
Status: in_force

§ 26. Record open to inspection.  The said book and the entries\ntherein, made as provided by the preceding section, shall, at all\nreasonable times, be open to the inspection of the mayor and the head of\nthe police department of the city in which the auctioneer conducts his\nbusiness, the district attorney of any county in which said city is\nlocated or which is a part of such city, and any person who shall be\nduly authorized in writing for that purpose by any or either of them and\nwho shall exhibit such written authorization to such auctioneer.\n