FrankGoortani/open-us-law huggingface dataset:
N.Y. CVP Law § 3022 — New York Code / Act CVP / Article 30 / Section 3022
Remedy for defective verification
Status: in_force

Rule 3022.  Remedy for defective verification. A defectively verified\npleading shall be treated as an unverified pleading.  Where a pleading\nis served without a sufficient verification in a case where the adverse\nparty is entitled to a verified pleading, he may treat it as a nullity,\nprovided he gives notice with due diligence to the attorney of the\nadverse party that he elects so to do.\n
N.Y. DCD Law § 59 — New York Code / Act DCD / Article 3 / Section 59
Consenting creditor must relinquish security
Status: in_force

§ 59. Consenting creditor must relinquish security. A creditor who\nhas, in his own name, or in trust for him, a mortgage, judgment, or\nother security, for the payment of a sum of money, which is a lien upon,\nor otherwise affects, real or personal property belonging to the\npetitioner, or transferred by him since the lien was created, cannot\nbecome a consenting creditor, with respect to the debt so secured,\nunless he adds to or includes in his consent, a written declaration,\nunder his hand, to the effect, that he relinquishes the mortgage,\njudgment, or other security, so far as it affects that property, to the\ntrustee to be appointed pursuant to the petition, for the benefit of all\nthe creditors. Such a declaration operates, to that extent, as an\nassignment to the trustee, of the mortgage, judgment, or other security;\nand vests in him accordingly all the right and interest of the\nconsenting creditor therein.\n
N.Y. RPA Law § 929 — New York Code / Act RPA / Article 9 / Section 929
Lien of creditor upon share partitioned
Status: in_force

§ 929. Lien of creditor upon share partitioned. After actual partition\nthe lien of a creditor having a lien on an undivided share or interest\nin the property, who is or is not made a party, shall attach only to the\nshare or interest assigned to the party upon whose share or interest the\nlien attached; which shall be first charged with its just proportion of\nthe costs and expenses of the action, in preference to the lien.\n
N.Y. SCP Law § 1706 — New York Code / Act SCP / Article 17 / Section 1706
Proceedings thereupon 1
Status: in_force

§ 1706. Proceedings thereupon\n  1. Where process is not issued or upon the return of process, the\ncourt shall ascertain the age of the infant, the amount of his or her\npersonal property, the gross amount of the rents and profits of his or\nher real estate during his or her minority and the sufficiency of the\nsecurity offered by the proposed guardian. With respect to applications\nfor appointment as a guardian of a child, the guardian shall have the\nright and responsibility to make decisions, including issuing any\nnecessary consents, regarding the child's protection, education, care\nand control, health and medical needs, and the physical custody of the\nperson of the child. A permanent guardian may consent to the adoption of\nthe child. Provided, however, that nothing in this subdivision shall be\nconstrued to limit the ability of a child to consent to his or her own\nmedical care as may be otherwise provided by law. If the youth is over\nthe age of fourteen years, the court shall ascertain his or her\npreference for a suitable guardian. Notwithstanding any other section of\nlaw, where the youth is over the age of eighteen, he or she shall\nconsent to the appointment of a suitable guardian.\n  2. The court shall inquire of the office of children and family\nservices and such office shall inform the court whether or not a person\nnominated to be a guardian of such infant, or any individual eighteen\nyears of age or over who resides in the home of the proposed guardian is\na subject of an indicated report or in a report which is under\ninvestigation at the time of the inquiry, as such terms are defined in\nsection four hundred twelve of the social services law, filed with the\nstatewide central register of child abuse and maltreatment pursuant to\ntitle six of article six of the social services law. The office shall,\nupon completion of the investigation, inform the court as to the outcome\nof such investigation.\n
N.Y. TWN Law § 120 — New York Code / Act TWN / Article 8 / Section 120
Payrolls to be certified
Status: in_force

§ 120. Payrolls to be certified. All payrolls, or other claims for\ncompensation, for personal services rendered to the town by any person\nother than an elective town officer shall be certified by the town\nofficer or employee of the town having direct supervision of the\nclaimant to the effect that such services indicated on such payroll or\nclaim were actually performed by the person or persons mentioned\ntherein. The town board may, by resolution, determine that, in lieu of\ncertification, these payrolls and claims shall be verified by such\nofficer or employee to the same effect.\n
N.Y. HAY Law § 344-R — New York Code / Act HAY / Article 12 / Section 344-R
Portion of the state highway system to be dedicated to Sergeant James S
Status: in_force

* § 344-r. Portion of the state highway system to be dedicated to\nSergeant James S. Hayes. All that portion of the state highway system\nconstituting state route 14 beginning at its intersection with Plum\nPoint Road in the town of Milo, county of Yates, continuing in a\ngenerally northerly direction, and terminating at its intersection with\nstate route 54, also known as Main Street, in the village of Dresden,\ncounty of Yates, shall be dedicated to Sergeant James S. Hayes.\n  * NB There are 12 § 344-r's\n
N.Y. SOS Law § 121 — New York Code / Act SOS / Article 4 / Section 121
Removal of persons to another state or country
Status: in_force

§ 121. Removal of persons to another state or country.  1. When any\nperson who is cared for at the expense of the state or of any public\nwelfare district has settlement or residence or otherwise belongs to or\nhas legally responsible relatives able or friends willing to undertake\nthe obligations to support him or to aid in supporting him in any other\nstate or country, the department may furnish him with transportation to\nsuch state or country, provided, in its judgment the interest of the\nstate and the welfare of such person will be thereby promoted.\n  2. The expense of such removal shall be paid from the state treasury\non the audit and warrant of the comptroller pursuant to a verified\naccount submitted by the department and in accordance with the\nprovisions of paragraph d of subdivision one of section one hundred\nfifty-three of this chapter.\n
N.Y. MHR Law § 50 — New York Code / Act MHR / Article 6 / Section 50
Legislative intent
Status: in_force

§ 50. Legislative intent. 1. It is the intention of the legislature by\nthis chapter to provide for carrying into effect provisions of article\nnine of the constitution and the statute of local governments and to\nenable local governments to adopt and amend local laws for the purpose\nof fully and completely exercising the powers granted to them under the\nterms and spirit of such article.\n  2. There is hereby reserved to the board of supervisors of every\ncounty not wholly included in a city, the board of aldermen, common\ncouncil, council, commission or other board or body of every city, the\ntown board of every town and the board of trustees of every village all\nthe rights, privileges, powers and jurisdiction now conferred on it by\nlaw until such rights, privileges, powers or jurisdiction shall be\nabolished, transferred or changed by law.\n  3. It is not the intention of the legislature hereby to abolish or\ncurtail any rights, privileges, powers or jurisdiction heretofore\nconferred upon or delegated to any local government or to any board,\nbody or officer thereof, unless a contrary intention is clearly manifest\nfrom the express provisions of this chapter or by necessary intendment\ntherefrom, or to restrict the powers of the legislature to pass laws\nregulating matters other than the property, affairs or government of\nlocal governments as distinguished from matters relating to their\nproperty, affairs or government.\n
N.Y. TAX Law § 171-AA — New York Code / Act TAX / Article 8 / Section 171-AA
E-file authorizations collected by tax return preparers
Status: in_force

§ 171-aa. E-file authorizations collected by tax return preparers. (a)\nFor purposes of this section, the following terms have the following\nmeanings:\n  (1) "E-file authorization" is a record collected by a tax return\npreparer.\n  (2) "Electronic signature" has the definition set forth in the\nelectronic signatures and records act of the state technology law.\n  (3) "Electronic means" is use of computer technology.\n  (4) "Tax" means any tax or other matter administered by the\ncommissioner pursuant to this chapter or any other provision of law.\n  (5) "Tax document" means a return, report or any other document\nrelating to a tax or other matter administered by the commissioner.\n  (6) "Tax return preparer" means any person who prepares for\ncompensation, or who employs or engages one or more persons to prepare\nfor compensation, any tax document. For purposes of this section, the\nterm "tax return preparer" also includes a payroll service.\n  (b) If a tax document is authorized by the commissioner to be filed\nelectronically, then any associated e-file authorization prescribed by\nthe commissioner may be signed using an electronic signature compliant\nwith any instructions prescribed by the commissioner.\n  (c) An e-file authorization signed electronically in the manner set\nforth in subsection (b) of this section shall have the same force and\neffect as a handwritten signature and may be provided to a tax preparer\nby electronic means.\n
N.Y. CVR Law § 77 — New York Code / Act CVR / Article 7 / Section 77
Special damages in action for slander of a woman
Status: in_force

§ 77. Special damages in action for slander of a woman. In an action\nof slander of a woman imputing unchastity to her, it is not necessary to\nallege or prove special damages.\n
N.Y. PEN Law § 230.15 — New York Code / Act PEN / Part 3 / Title M / Article 230 / Section 230.15
Promoting prostitution; definitions of terms
Status: in_force

§ 230.15 Promoting prostitution; definitions of terms.\n  The following definitions are applicable to this article:\n  1. "Advance prostitution." A person "advances prostitution" when,\nacting other than as a person in prostitution or as a patron thereof, he\nor she knowingly causes or aids a person to commit or engage in\nprostitution, procures or solicits patrons for prostitution, provides\npersons or premises for prostitution purposes, operates or assists in\nthe operation of a house of prostitution or a prostitution enterprise,\nor engages in any other conduct designed to institute, aid or facilitate\nan act or enterprise of prostitution.\n  2. "Profit from prostitution." A person "profits from prostitution"\nwhen, acting other than as a person in prostitution receiving\ncompensation for personally rendered prostitution services, he or she\naccepts or receives money or other property pursuant to an agreement or\nunderstanding with any person whereby he or she participates or is to\nparticipate in the proceeds of prostitution activity.\n
N.Y. GCT Law § 19 — New York Code / Act GCT / Article 2-A / Section 19
General grant of powers
Status: in_force

§ 19. General grant of powers. 1. Every city is granted power to\nregulate, manage and control its property and local affairs and is\ngranted all the rights, privileges and jurisdiction necessary and proper\nfor carrying such power into execution. No enumeration of powers in this\nor any other law shall operate to restrict the meaning of this general\ngrant of power, or to exclude other powers comprehended within this\ngeneral grant.\n  2. Whenever the constitutionality of any local law, ordinance, rule or\nregulation of a city is brought into issue upon a trial or hearing of\nany civil cause of action or proceeding in any court, and the city is\nnot a party to such action or proceeding, notice shall be served upon\nthe city in accordance with section one thousand twelve of the civil\npractice law and rules.\n
N.Y. UDC Law § 2409 — New York Code / Act UDC / Article 23 / Section 2409
County to provide place of holding court
Status: in_force

§ 2409. County to provide place of holding court. It shall be the duty\nof the county to provide suitable places for holding court.\n
N.Y. PBG Law § 551 — New York Code / Act PBG / Article 13 / Title 146 / Section 551
Village of Sackets Harbor Housing Authority
Status: in_force

§ 551. Village of Sackets Harbor Housing Authority.  A municipal\nhousing authority, to be known as the Village of Sackets Harbor Housing\nAuthority, is hereby created and established for the Village of Sackets\nHarbor in the County of Jefferson for the accomplishment of any or all\nof the purposes specified in article eighteen of the constitution of the\nState of New York. It shall constitute a body corporate and politic, be\nperpetual in duration and consist of seven members. It shall have the\npowers and duties now or hereafter conferred by this chapter upon\nmunicipal housing authorities. It shall be organized in the manner\nprescribed by and subject to the provisions of this chapter, and the\nauthority, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of this\nchapter.\n
N.Y. CPL Law § 510.43 — New York Code / Act CPL / Part 3 / Title P / Article 510 / Section 510.43
Court appearances: additional notifications
Status: in_force

§ 510.43 Court appearances: additional notifications.\n  1. The court or, upon direction of the court, a certified pretrial\nservices agency, shall notify all principals released under non-monetary\nconditions and on recognizance of all court appearances in advance by\ntext message, telephone call, electronic mail or first class mail. The\nchief administrator of the courts shall, pursuant to subdivision one of\nsection 10.40 of this chapter, develop a form which shall be offered to\nthe principal at court appearances. On such form, which upon completion\nshall be retained in the court file, the principal may select one such\npreferred manner of notice.\n  2. Such form may request the information necessary for the defendant\nto be provided with notice in accordance with such single, selected\nmanner of notice. After notice of such consequence, a defendant who\nintentionally declines to provide the information necessary for the\ndefendant to be provided with such notice pursuant to this section shall\nforfeit the opportunity to receive such notice until such information is\ntimely provided. Any failure by the court or certified pretrial services\nagency to provide notice of a scheduled court appearance in the manner\nprovided in this section shall not in and of itself constitute grounds\nor authorization for the defendant to fail to appear for such scheduled\ncourt appearance.\n
N.Y. UJC Law § 1301 — New York Code / Act UJC / Article 13 / Section 1301
Setting date for trial
Status: in_force

§ 1301. Setting date for trial.\n  (a) If the defendant appears before the clerk to answer in person, the\ncourt at that time shall set a date for trial not less than ten nor more\nthan thirty days thereafter, and shall immediately give notice by mail\nof such trial date to all other parties.\n  (b) In any other instance, any party may, after joinder of issue, move\nthe court to set a date for trial, which date shall not be less than ten\nnor more than thirty days after the return of such motion.\n  (c) If the court and the parties agree to a trial date, the trial may\nbe set for such stipulated date notwithstanding the foregoing procedures\nand limitations.\n
N.Y. UCC Law § 2-612 — New York Code / Act UCC / Article 2 / Part 6 / Section 2-612
"Installment Contract"; Breach
Status: in_force

Section 2--612. "Installment Contract"; Breach.\n  (1) An "installment contract" is one which requires or authorizes the\ndelivery of goods in separate lots to be separately accepted, even\nthough the contract contains a clause "each delivery is a separate\ncontract" or its equivalent.\n  (2) The buyer may reject any installment which is non-conforming if\nthe non-conformity substantially impairs the value of that installment\nand cannot be cured or if the non-conformity is a defect in the required\ndocuments; but if the non-conformity does not fall within subsection (3)\nand the seller gives adequate assurance of its cure the buyer must\naccept that installment.\n  (3) Whenever non-conformity or default with respect to one or more\ninstallments substantially impairs the value of the whole contract there\nis a breach of the whole. But the aggrieved party reinstates the\ncontract if he accepts a non-conforming installment without seasonably\nnotifying of cancellation or if he brings an action with respect only to\npast installments or demands performance as to future installments.\n
N.Y. EPT Law § 11-1.2 — New York Code / Act EPT / Article 11 / Part 1 / Section 11-1.2
Tax elections by personal representatives
Status: in_force

§ 11-1.2 Tax elections by personal representatives\n  (A) If the personal representative or other person acting in a\nfiduciary capacity with respect to a decedent's estate, hereinafter\ncalled the "fiduciary", claims as income tax reductions administration\nexpenses chargeable to principal that may be claimed by such fiduciary\nas either estate tax deductions or as income tax deductions with the\nresult that the income taxes paid by or chargeable to income or to any\nincome beneficiary are reduced and with the further result that United\nStates or New York estate taxes chargeable to principal are increased,\nthen, unless otherwise provided or authorized by the decedent's will,\neach person, including the estate or any trust, who has received the use\nof such income tax deductions shall reimburse to the principal\nchargeable with such increased estate taxes an amount determined by\nmultiplying such increase in estate taxes by a fraction having a\nnumerator equal to the income tax deduction made available to him as the\nresult of the aforesaid election and a denominator equal to the total\namount of the income tax deductions made available thereby.\n  (b) Unless otherwise expressly provided by a will under which a\ndisposition is made to or for the benefit of the surviving spouse of a\ndecedent which qualifies for an estate tax marital deduction under any\ntax law of the state of New York or of the United States and the amount\nor size of such disposition is defined by the will in terms of the\nmaximum marital deduction allowable under such tax law:\n  (1) No adjustment shall be required to be made between such\ndisposition and the other interests in the decedent's estate by reason\nof (A) any increase in the amount or size of such disposition resulting\nfrom any election by the fiduciary, under such tax laws, to treat estate\nadministration expenses as income tax deductions over the amount or size\nof such disposition had the contrary election been made or (B) any\nincrease or decrease in the amount or size of such disposition resulting\nfrom an election by the fiduciary, under such tax laws, of an estate tax\nvaluation date other than the date of the decedent's death as compared\nwith the amount or size of such disposition had the contrary election\nbeen made.\n  (2) Such definition shall not be construed as a direction by the\ndecedent to the fiduciary to exercise any election respecting the\ndeduction of estate administration expenses or the determination of the\nestate tax valuation date, which the fiduciary may have under such tax\nlaws, only in such manner as will result in a larger allowable estate\ntax marital deduction than if the contrary election had been made.\n
N.Y. PEN Law § 60.08 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.08
Authorized dispositions; resentencing of certain controlled substance offenders
Status: in_force

§ 60.08 Authorized dispositions; resentencing of certain controlled\n          substance offenders.\n  Any person convicted of an offense and sentenced to prison for an\nindeterminate sentence, the minimum of which was at least one year and\nthe maximum of which was life imprisonment, which sentence was imposed\npursuant to chapter two hundred seventy-six, two hundred seventy-seven,\ntwo hundred seventy-eight, or ten hundred fifty-one of the laws of\nnineteen hundred seventy-three, and for which such sentence was imposed\nupon conviction of the crime of criminal possession of a controlled\nsubstance in the first degree, criminal possession of a controlled\nsubstance in the second degree, criminal possession of a controlled\nsubstance in the third degree, criminal sale of a controlled substance\nin the first degree, criminal sale of a controlled substance in the\nsecond degree, or criminal sale of a controlled substance in the third\ndegree, and the sole controlled substance involved was methadone, may\napply, upon notice to the appropriate district attorney, for\nresentencing in the court which originally imposed sentence.\n  Such resentencing shall, unless substantial justice dictates\notherwise, be pursuant to the current provisions of the penal law, and\nshall include credit for any jail time incurred upon the subject\nconviction as well as credit for any period of incarceration incurred\npursuant to the sentence originally imposed.\n  In cases where the proof before the court is not available or is not\nsufficiently reliable to determine the amount of methadone present in\nany preparation, compound, mixture or substance containing methadone,\nthere shall exist a rebuttable presumption that each ounce of the\npreparation, compound, mixture or substance contained sixty milligrams\nof methadone.\n
N.Y. PBS Law § 66-H — New York Code / Act PBS / Article 4 / Section 66-H
Certain electric corporations; payment equivalent to tax
Status: in_force

§ 66-h. Certain electric corporations; payment equivalent to tax. The\ncommission shall require each electric corporation that purchases\nelectricity from an energy business as defined in subdivision (c) of\nsection three hundred one-i of the tax law (1) that is a co-generation\nfacility, as such term is defined in subdivision two-a of section two of\nthis chapter, or (2) that is a qualifying facility, as such term is\ndefined by section two hundred one of the Public Utility Regulatory\nPolicies Act of 1978 (Public Law 95-617) that is a co-generation\nfacility, or (3) that has executed or will execute a contract for the\nsale of electricity through negotiation with an electric corporation or\nan auction conducted by an electric corporation pursuant to a\ncompetitive bidding plan approved by the commission, to pay, in addition\nto payments made for such purchased electricity under a contract with\nsuch electric corporation, (i) an amount equal to the tax imposed under\narticle thirteen-A of the tax law with respect to each Mcf of natural\ngas used to generate such electricity and (ii) with respect to contracts\nfor the sale of electricity and/or steam executed prior to January\nfirst, two thousand, any sales and compensating use taxes imposed on\nnatural gas used in the production of electricity and/or steam by or\npursuant to the authority of section eleven hundred seven or subdivision\n(a) of section twelve hundred ten of the tax law, unless such sales and\ncompensating use taxes imposed are otherwise accounted for in the\npayments the electric corporation makes under that contract; provided,\nhowever, that any such amount paid by such electric corporation shall be\nrecovered through a fuel adjustment mechanism authorized by the\ncommission; provided, further, that such amount shall not be recovered\nfrom charges for residential use provided by such electric corporation.\n