FrankGoortani/open-us-law huggingface dataset:
N.Y. EXC Law § 836 — New York Code / Act EXC / Article 35 / Section 836
Division of criminal justice services; commissioner, organization and employees
Status: in_force

§ 836. Division of criminal justice services; commissioner,\norganization and employees. 1. There shall be in the executive\ndepartment a division of criminal justice services.\n  2. The head of the division shall be a commissioner, who shall be\nappointed by the governor, by and with the advice and consent of the\nsenate, and hold office at the pleasure of the governor by whom he was\nappointed and until his successor is appointed and qualified. The\ncommissioner shall be the chief executive officer of and in sole charge\nof the administration of the division. The commissioner shall receive an\nannual salary to be fixed by the governor within the amount available\ntherefor by appropriation; and he shall be entitled to receive\nreimbursement for expenses actually and necessarily incurred by him in\nthe performance of his duties.\n  3. The commissioner may, from time to time, create, abolish, transfer\nand consolidate bureaus and other units within the division not\nexpressly established by law as he may determine necessary for the\nefficient operation of the division, subject to the approval of the\ndirector of the budget.\n  4. The commissioner may appoint such deputies, directors, assistants\nand other officers and employees, committees and consultants as he may\ndeem necessary, prescribe their powers and duties, fix their\ncompensation and provide for reimbursement of their expenses within the\namounts appropriated therefor.\n  5. The commissioner may request and receive from any department,\ndivision, board, bureau, commission or other agency of the state or any\npolitical subdivision thereof or any public authority such assistance,\ninformation and data as will enable the division properly to carry out\nits functions, powers and duties.\n  6. The principal office of the division shall be in the county of\nAlbany.\n  7. The functions, powers and duties of the former division of\nprobation and correctional alternatives as established in article twelve\nof this chapter shall now be considered a function of the division of\ncriminal justice services.\n
N.Y. PBL Law § 20 — New York Code / Act PBL / Article 2 / Section 20
Grants of lands in Onondaga salt springs reservation designated on certain map
Status: in_force

§ 20. Grants of lands in Onondaga salt springs reservation designated\non certain map.  All grants of lands made by the people of this state of\nany lands in the Onondaga salt springs reservation prior to March\ntwenty-eight, in the year eighteen hundred forty-three, shall be deemed\nand considered as having been granted according to the designations upon\nthe map of said reservation made by John Randel, junior, formerly on\nfile in the office of the state engineer and surveyor and now on file in\nthe office of the department of transportation, and not as designated\nupon the map of said reservation made by said Randel, formerly on file\nin the office of the secretary of state and now on file in the office of\nhis department.\n
N.Y. CNT Law § 940 — New York Code / Act CNT / Article 24 / Section 940
Commissioner of finance as trustee of cemetery lots
Status: in_force

§ 940. Commissioner of finance as trustee of cemetery lots.  The\ncommissioner of finance of the city of New York shall perform the duties\nas a trustee of cemetery lots in the same manner as imposed on county\ntreasurers by the provisions of this chapter.\n
N.Y. GBS Law § 691 — New York Code / Act GBS / Article 33 / Section 691
Civil remedies
Status: in_force

§ 691. Civil remedies. 1. A person who offers or sells a franchise in\nviolation of section six hundred eighty-three, six hundred eighty-four\nor six hundred eighty-seven of this article is liable to the person\npurchasing the franchise for damages and, if such violation is willful\nand material, for rescission, with interest at six percent per year from\nthe date of purchase, and reasonable attorney fees and court costs.\n  2. A person may not file or maintain suit under this section if the\nfranchisee or such person received a written offer before suit, and at a\ntime when he owned the franchise, to refund the consideration paid\ntogether with interest at six percent per year from the date of payment,\nless the amount of income earned by the franchisee from the franchise,\nconditioned only upon tender by the person of all items received by him\nfor the consideration and not sold, and failed to accept the offer\nwithin thirty days of its receipt, provided that the offering documents\nare submitted to the department for approval at least ten business days\nprior to submission to the franchisee. The rescission offer shall recite\nthe provisions of this section. If the franchise involves a substantial\nbuilding or substantial equipment or fixtures and a significant period\nof time has elapsed since the sale of the franchise to the franchisee,\nthe department in approving a rescission offer may approve an equitable\noffer recognizing depreciation, amortization, and other factors which\nbear upon the value of the franchise being returned to the franchisor.\nNothing in this subdivision shall prohibit settlement of any dispute\narising under or involving claims based on this chapter, with or without\napproval of the department.\n  3. A person who directly or indirectly controls a person liable under\nthis article, a partner in a firm so liable, a principal executive\nofficer or director of a corporation so liable, a person occupying a\nsimilar status or performing similar functions, and an employee of a\nperson so liable, who materially aids in the act of transaction\nconstituting the violation, is also liable jointly and severally with\nand to the same extent as the controlled person, partnership,\ncorporation or employer. It shall be a defense to any action based upon\nsuch liability that the defendant did not know or could not have known\nby the exercise of due diligence the facts upon which the action is\npredicated.\n  4. An action shall not be maintained to enforce a liability created\nunder this section unless brought before the expiration of three years\nafter the act or transaction constituting the violation.\n  5. Except as explicitly provided in this article, civil liability in\nfavor of any private party shall not arise against a person by\nimplication from or as a result of the violation of a provision of this\narticle or a rule, regulation or order hereunder. Nothing in this\narticle shall limit a liability which may exist by virtue of any other\nstatute or under common law if this article were not in effect.\n
N.Y. TAX Law § 1184 — New York Code / Act TAX / Article 28-C / Section 1184
Administrative provisions
Status: in_force

§ 1184. Administrative provisions. (a) Except as otherwise provided\nfor in this article, the taxes imposed by this article shall be\nadministered and collected in a like manner as and jointly with the\ntaxes imposed by sections eleven hundred five and eleven hundred ten of\nthis chapter. In addition, except as otherwise provided in this article,\nall of the provisions of article twenty-eight of this chapter (except\nsections eleven hundred seven, eleven hundred eight, eleven hundred\nnine, and eleven hundred forty-eight) relating to or applicable to the\nadministration, collection and review of the taxes imposed by such\nsections eleven hundred five and eleven hundred ten, including, but not\nlimited to, the provisions relating to definitions, returns, exemptions,\npenalties, tax secrecy, personal liability for the tax, and collection\nof tax from the customer, shall apply to the taxes imposed by this\narticle so far as such provisions can be made applicable to the taxes\nimposed by this article with such limitations as set forth in this\narticle and such modifications as may be necessary in order to adapt\nsuch language to the taxes so imposed. Such provisions shall apply with\nthe same force and effect as if the language of those provisions had\nbeen set forth in full in this article except to the extent that any\nprovision is either inconsistent with a provision of this article or is\nnot relevant to the taxes imposed by this article.\n  (b) Notwithstanding the provisions of subdivision (a) of this section,\nthe exemptions provided in paragraph ten of subdivision (a) of section\neleven hundred fifteen of this chapter, and the provisions of section\neleven hundred sixteen, except those provided in paragraphs one, two,\nthree and six of subdivision (a) of such section, shall not apply to the\ntaxes imposed by this article.\n  (c) Notwithstanding the provisions of this section or section eleven\nhundred forty-six of this chapter, the commissioner may, in his or her\ndiscretion, permit the commissioner of health or his or her authorized\nrepresentative to inspect any return related to the tax imposed by this\narticle and may furnish to the commissioner of health any such return or\nsupply him or her with information concerning an item contained in any\nsuch return, or disclosed by any investigation of a liability under this\narticle.\n
N.Y. JUD Law § 504 — New York Code / Act JUD / Article 16 / Section 504
Appointment and removal of commissioner of jurors
Status: in_force

§ 504. Appointment and removal of commissioner of jurors. (a) Except\nin counties within cities having a population of one million or more,\nthe county jury board, or a majority thereof, shall appoint a\ncommissioner of jurors for a term of four years and shall fill any\nvacancy occurring in such office in the same manner as an original\nappointment. The county jury board may, in its discretion, appoint the\ncounty clerk or other county officer or employee to serve as\ncommissioner of jurors. A county clerk's term of office as commissioner\nshall be coterminus with his term of office as county clerk.\n  (b) The commissioner shall be removable for cause by the appellate\ndivision of the supreme court in the judicial department embracing the\ncounty, upon written charges and opportunity to be heard after due\nnotice thereof. If such commissioner is the county clerk, the appellate\ndivision may remove him from the office of commissioner in the same\nmanner.\n
N.Y. UCC Law § 7-302 — New York Code / Act UCC / Article 7 / Part 3 / Section 7-302
Through Bills of Lading and Similar Documents of Title
Status: in_force

Section 7--302. Through Bills of Lading and Similar Documents of Title.\n  (a) The issuer of a through bill of lading, or other document of title\nembodying an undertaking to be performed in part by a person acting as\nits agent or by a performing carrier, is liable to any person entitled\nto recover on the bill or other document for any breach by the other\nperson or the performing carrier of its obligation under the bill or\nother document. However, to the extent that the bill or other document\ncovers an undertaking to be performed overseas or in territory not\ncontiguous to the continental United States or an undertaking including\nmatters other than transportation, this liability for breach by the\nother person or the performing carrier may be varied by agreement of the\nparties.\n  (b) If goods covered by a through bill of lading or other document of\ntitle embodying an undertaking to be performed in part by a person other\nthan the issuer are received by that person, the person is subject, with\nrespect to its own performance while the goods are in its possession, to\nthe obligation of the issuer. The person's obligation is discharged by\ndelivery of the goods to another person pursuant to the bill or other\ndocument and does not include liability for breach by any other person\nor by the issuer.\n  (c) The issuer of a through bill of lading or other document of title\ndescribed in subsection (a) is entitled to recover from the performing\ncarrier, or other person in possession of the goods when the breach of\nthe obligation under the bill or other document occurred:\n  (1) the amount it may be required to pay to any person entitled to\nrecover on the bill or other document for the breach, as may be\nevidenced by any receipt, judgment, or transcript of judgment; and\n  (2) the amount of any expense reasonably incurred by the issuer in\ndefending any action commenced by any person entitled to recover on the\nbill or other document for the breach.\n
N.Y. VET Law § 29-C — New York Code / Act VET / Article 1 / Section 29-C
Veteran maternity care
Status: in_force

§ 29-c. Veteran maternity care. The women veterans coordinator shall\nadminister a veteran maternity care program. The duties and\nresponsibilities of the women veterans coordinator with respect to such\nprogram shall be:\n  1. Serving as a liaison between the United States department of\nveterans affairs (VA) including VA maternity care coordinators located\nin the state, the department of health and the office of mental health\nto facilitate better coordination of veteran maternity care in the state\nand cooperation in addressing issues related to veteran reproductive\nmental health care;\n  2. Disseminating available information to maternity care providers and\nexpectant veterans regarding identifying and treating common mental and\nphysical conditions experienced by veterans that can heighten the risk\nof pregnancy complications;\n  3. Providing guidance and referral information on maternity care and\nbenefits available to veterans including the VA's maternity care\ncoordination program at all events including but not limited to,\nseminars required under subdivision six of section four of this article;\n  4. Providing resources on identifying the signs and symptoms of mental\nhealth conditions in expectant veterans to maternity care providers;\n  5. Raising awareness among maternity care providers of the federal\nVeterans Community Care Program established pursuant to 38 U.S.C § 1703\nand considering ways to encourage and incentivize participation in such\nprogram. The coordinator shall make information relevant to such\nproviders available on the department's website, including but not\nlimited to, links to any continuing medical education material or\ncourses for non-department medical professionals provided on the\ninternet website of the U.S. Department of Veterans Affairs pursuant to\nsection 123 of the VA Maintaining Internal Systems and Strengthening\nIntegrated Outside Networks Act of 2018 (P.L.115-182);\n
N.Y. HAY Law § 170 — New York Code / Act HAY / Article 8 / Section 170
Survey for the laying out of a highway
Status: in_force

§ 170. Survey for the laying out of a highway. Whenever the town\nsuperintendent shall lay out any highway, either upon application to him\nor otherwise, he shall notify the county superintendent, whose duty it\nshall be to either make a survey, or cause the same to be made, and the\ntown superintendent shall incorporate the survey in an order to be\nsigned by him, and to be filed and recorded in the office of the town\nclerk, who shall note the time of recording the same. Notwithstanding\nthe provisions of any general or special law, the county superintendent,\nhis agents, contractors or employees when engaged on work connected with\nlaying out a town highway, may pursuant to the eminent domain procedure\nlaw enter upon any property for the purpose of making surveys, test\npits, test borings, or other investigations. Claims for any damage\ncaused by such work may be adjusted by the town board or determined\npursuant to the eminent domain procedure law. The cost of such survey\nshall be a town charge payable in the same manner as other charges\nagainst the town.\n
N.Y. AGM Law § 256-B — New York Code / Act AGM / Article 21 / Section 256-B
Accounting of milk dealers and cooperatives to producers
Status: in_force

§ 256-b. Accounting of milk dealers and cooperatives to producers.  1.\nFor purposes of this section, any corporation or association of persons\nengaged in the production of agricultural products and operating for the\nmutual benefit of its members in conformity with the requirements of the\nCapper-Volstead Act, and any federation of such corporations or\nassociations, shall be deemed to be a cooperative.\n  2. Every milk dealer and cooperative, subject to license or regulation\nunder this article, in making payments to producers for milk sold or\ndelivered to such dealer or cooperative, shall clearly set forth the\nunit price for such milk, whether determined pursuant to federal or\nstate market order or pursuant to agreement, together with the amount of\nall premiums, subsidies or differentials, all deductions, service fees,\nhauling charges, supply expenses, costs or adjustments of any nature\nwhatsoever, in such a manner as to fully disclose to the producer the\nrate, basis and manner of computing such payment.\n  3. Each cooperative subject to license or regulation pursuant to this\narticle shall, prior to its annual meeting, mail or personally deliver a\ncopy of a written report of audit, prepared in the form and manner\nprescribed under section seventy-five of the cooperative corporations\nlaw, to each member of the cooperative and to individual producer\nmembers of any constituent cooperatives. The printing of such report in\na publication regularly distributed to the cooperative's entire\nmembership shall satisfy the delivery requirement.\n  4. Each milk producer who applies for membership in such a cooperative\nshall, prior to issuance of a membership certificate or entry into a\nmilk marketing agreement with the cooperative, be provided with the\nfollowing documents of such cooperative and of any federation of\ncooperatives of which it is a member: (a) a copy of the cooperative's\nwritten report of audit required to be provided to the cooperative's\nmembership, pursuant to subdivision three of this section, for the\nfiscal year preceding the date of such application; (b) a copy of the\ncertificate of incorporation; (c) a copy of the bylaws in effect at the\ntime of such producer's application for membership; and (d) a written\nstatement of the current equity requirements and policy on the\nallocation of net margins and losses.\n  5. The commissioner may make or permit disclosure of a written report\nof audit made pursuant to subdivision three of this section for any\ncooperative subject to license or regulation pursuant to this article.\n  6. The commissioner may promulgate rules and regulations necessary to\nassure such uniform requirements as will carry out the provisions of\nthis section.\n
N.Y. RCO Law § 305 — New York Code / Act RCO / Article 16 / Section 305
Pastor
Status: in_force

§ 305. Pastor. The pastor of the church shall be called, settled or\nremoved and his or her salary fixed, only by the vote of a majority of\nthe members of the corporation duly qualified to vote at elections\npresent and voting at a meeting of such corporation called for that\npurpose, subject to the written consent of the board of trustees of the\nNational Spiritualist Association.\n
N.Y. UCT Law § 1303 — New York Code / Act UCT / Article 13 / Section 1303
Jury trial; how obtained; jury fee
Status: in_force

§ 1303. Jury trial; how obtained; jury fee.\n  (a) Either party after joinder of issue may demand a trial by jury.\nThe demand must be made in writing and must be filed with the clerk with\nthe notice of trial set forth in § 1301. Any other party to the action\nwithin ten days after the service of a copy of the notice of trial upon\nhim unaccompanied by a written notice demanding a trial by jury, may\nserve upon the attorneys for all the other parties to the action a\nwritten notice demanding a jury trial and file a copy of such notice\nwith the clerk within three days after service thereof. In a summary\nproceeding to recover possession of real property, the demand may be\nmade by the tenant at the time of answering or by the landlord at any\ntime before the day of trial.\n  (b) Unless a demand is made and the jury fee paid as provided in\nsection nineteen hundred eleven of this act, a jury trial is waived.\n  (c) The court may relieve a party from the effect of failing to comply\nwith this section if no undue prejudice to the rights of another party\nwould result.\n
N.Y. LAB Law § 192 — New York Code / Act LAB / Article 6 / Section 192
Cash payment of wages
Status: in_force

§ 192. Cash payment of wages. 1. No employer shall without the advance\nwritten consent of any employee directly pay or deposit the net wage or\nsalary of such employee in a bank or other financial institution.\n  2. This section shall not apply to any person employed in a bona fide\nexecutive, administrative, or professional capacity whose earnings are\nin excess of one thousand three hundred dollars a week, nor to employees\nworking on a farm not connected with a factory.\n
N.Y. PEN Law § 263.05 — New York Code / Act PEN / Part 3 / Title O / Article 263 / Section 263.05
Use of a child in a sexual performance
Status: in_force

§ 263.05 Use of a child in a sexual performance.\n  A person is guilty of the use of a child in a sexual performance if\nknowing the character and content thereof he employs, authorizes or\ninduces a child less than seventeen years of age to engage in a sexual\nperformance or being a parent, legal guardian or custodian of such\nchild, he consents to the participation by such child in a sexual\nperformance.\n  Use of a child in a sexual performance is a class C felony.\n
N.Y. CPL Law § 700.30 — New York Code / Act CPL / Part 3 / Title T / Article 700 / Section 700.30
Eavesdropping and video surveillance warrants; form and content
Status: in_force

§ 700.30  Eavesdropping and video surveillance warrants; form and\n             content.\n  An eavesdropping or video surveillance warrant must contain:\n  1.  The name of the applicant, date of issuance, and the subscription\nand title of the issuing justice; and\n  2.  The identity of the person, if known, whose communications are to\nbe intercepted or who is to be the subject of video surveillance; and\n  3.  The nature and location of the communications facilities as to\nwhich, or the place where, authority to intercept or conduct video\nsurveillance is granted; and\n  4.  A particular description of the type of communications sought to\nbe intercepted or of the type of observations to be made, and a\nstatement of the particular designated offense to which it relates; and\n  5.  The identity of the law enforcement agency authorized to intercept\nthe communications or conduct the video surveillance; and\n  6.  The period of time during which such interception or observation\nis authorized, including a statement as to whether or not the\ninterception or video surveillance shall automatically terminate when\nthe described communication has been first obtained or the described\nobservation has been first made; and\n  7.  A provision that the authorization to intercept or conduct video\nsurveillance shall be executed as soon as practicable, shall be\nconducted in such a way as to minimize the interception of\ncommunications or the making of observations not otherwise subject to\neavesdropping or video surveillance under this article, and must\nterminate upon attainment of the authorized objective, or in any event\nin thirty days; and\n  8.  An express authorization to make secret entry upon a private place\nor premises to install an eavesdropping or video surveillance device, if\nsuch entry is necessary to execute the warrant; and\n  9. An order authorizing eavesdropping or video surveillance may direct\nthat providers of wire or electronic communication services furnish the\napplicant information, facilities, or technical assistance necessary to\naccomplish the interception unobtrusively and with a minimum of\ninterference with the services that the service provider accords the\nparty whose communications are to be intercepted.  The order shall not\ndirect the service providers to perform the intercept or use the\npremises of the service provider for such activity.\n