FrankGoortani/open-us-law huggingface dataset:
N.Y. PML Law § 529 — New York Code / Act PML / Article 5-A / Section 529
Unclaimed winnings and refunds
Status: in_force

§ 529. Unclaimed winnings and refunds. The commission shall require\neach regional corporation to establish a non-escrowed account for\npayment of outstanding winning tickets and for payment of refunds to\nticket holders entitled thereto under the rules of the commission.\n  1. All tickets must be presented for payment to the regional\ncorporation from which purchased prior to April first of the year\nfollowing the year of purchase.\n  2. Ninety-five percent of the balance of such account remaining\nunclaimed as of the last day of February of such year shall be paid to\nthe department of taxation and finance by March fifteenth. On or before\nApril tenth of each year the balance of such account and any other\nunclaimed amounts received in the course of conducting off-track betting\nshall be paid by such corporation to the department of taxation and\nfinance. A penalty of five percent and interest at the rate of one\npercent per month from the due date to the date of payment of the\nunclaimed balance due March fifteenth or April tenth, as the case may\nbe, shall be payable in case such balance is not paid when due. Such\namounts, interest and penalties when collected by the department of\ntaxation and finance shall be deposited into the general fund of the\nstate treasury.\n
N.Y. EPT Law § 3-1.2 — New York Code / Act EPT / Article 3 / Part 1 / Section 3-1.2
What property may be disposed of by will
Status: in_force

§ 3-1.2 What property may be disposed of by will\n  Every estate in property may be devised or bequeathed.\n
N.Y. SCC Law § 163 — New York Code / Act SCC / Article 10 / Section 163
Assessment not invalidated by irregularities
Status: in_force

§ 163. Assessment not invalidated by irregularities. No assessment or\ntax shall be vacated, set aside, canceled, annulled, reviewed or\notherwise questioned or affected by reason of any error, omission,\nirregularity or defect, not actually fraudulent, in any of the steps or\nproceedings required to be had or taken as preliminary to, or in the\nmaking of, the assessment, or in the levying or collection of the tax,\nnor in relation to or in connection with any proposal, designation of\nmaterials, contract, work or improvement for or on account of which such\nassessment was made or tax imposed. But all property shall be liable to\nassessment and all assessments shall be valid and of full force and\neffect notwithstanding any such error, omission, irregularity or defect.\n
N.Y. SCP Law § 304 — New York Code / Act SCP / Article 3 / Section 304
Contents of petition In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition m...
Status: in_force

§ 304. Contents of petition\n  In addition to such other requirements as may be applicable to the\npetition in a particular proceeding, a petition must substantially set\nforth:\n  1. The title of the proceeding, the name and domicile of the person to\nwhose estate or person the proceeding relates and of the petitioner.\n  2. The facts upon which the jurisdiction of the court depends in the\nparticular proceeding.\n  3. So far as they can be ascertained with due diligence, the names and\naddresses of all the persons interested upon whom service of process is\nrequired or concerning whom the court is required to have information;\nand in addition there shall be shown by petition or affidavit in form\nsatisfactory to the court, the following:\n  (a) If any person be an infant, his age, the date of his birth,\nwhether he has a guardian, whether his father, or if he be dead, his\nmother, is living, his connection with the estate, and the names and\naddresses of such persons and the person with whom the infant resides.\n  (b) If any person be an incompetent, the name and address of his\ncommittee, if any, and of the person or institution having his care and\ncustody and if there be no committee, the name and address of an adult\nrelative or friend having an interest in his welfare.\n  (c) If any person be an incapacitated person, the facts regarding his\nincapacity and if confined, the name and address of the institution\nhaving his care and custody and the name and address of an adult\nrelative or friend having an interest in his welfare, and if a\nconservatee as designated in section 77.01 of the mental hygiene law,\nthe name and address of his conservator.\n  (d) If any person be unknown or his name or whereabouts be unknown, a\ngeneral description of such person, showing his connection with the\nestate and his interest in the proceeding and the facts showing what\neffort has been made to ascertain his name or whereabouts.\n  (e) If any person be a prisoner confined in this state or elsewhere,\nthe name and address of the institution in which he is confined, and the\nname and address of an adult relative or friend having an interest in\nhis welfare.\n  (f) If any person be included in a class, and his name be unknown, the\nnames and addresses of those persons of the class who are known, and a\ngeneral description of all other persons belonging to the class, their\nconnection with the estate, and their interest in the proceeding.\n  4. That there are no other persons than those mentioned interested in\nthe application or proceeding.\n  5. A request for the relief sought.\n
N.Y. CPL Law § 210.40 — New York Code / Act CPL / Part 2 / Title I / Article 210 / Section 210.40
Motion to dismiss indictment; in furtherance of justice
Status: in_force

§ 210.40  Motion to dismiss indictment; in furtherance of justice.\n  1.  An indictment or any count thereof may be dismissed in furtherance\nof justice, as provided in paragraph (i) of subdivision one of section\n210.20, when, even though there may be no basis for dismissal as a\nmatter of law upon any ground specified in paragraphs (a) through (h) of\nsaid subdivision one of section 210.20, such dismissal is required as a\nmatter of judicial discretion by the existence of some compelling\nfactor, consideration or circumstance clearly demonstrating that\nconviction or prosecution of the defendant upon such indictment or count\nwould constitute or result in injustice.  In determining whether such\ncompelling factor, consideration, or circumstance exists, the court\nmust, to the extent applicable, examine and consider, individually and\ncollectively, the following:\n  (a)  the seriousness and circumstances of the offense;\n  (b)  the extent of harm caused by the offense;\n  (c)  the evidence of guilt, whether admissible or inadmissible at\ntrial;\n  (d)  the history, character and condition of the defendant;\n  (e)  any exceptionally serious misconduct of law enforcement personnel\nin the investigation, arrest and prosecution of the defendant;\n  (f)  the purpose and effect of imposing upon the defendant a sentence\nauthorized for the offense;\n  (g)  the impact of a dismissal upon the confidence of the public in\nthe criminal justice system;\n  (h)  the impact of a dismissal on the safety or welfare of the\ncommunity;\n  (i)  where the court deems it appropriate, the attitude of the\ncomplainant or victim with respect to the motion;\n  (j)  any other relevant fact indicating that a judgment of conviction\nwould serve no useful purpose.\n  2. In addition to the grounds specified in subdivision one of this\nsection, a count alleging enterprise corruption in violation of article\nfour hundred sixty of the penal law may be dismissed in the interest of\njustice where prosecution of that count is inconsistent with the stated\nlegislative findings in said article. Upon a motion pursuant to this\nsection, the court must inspect the evidence before the grand jury and\nsuch other evidence or information as it may deem proper.\n  3.  An order dismissing an indictment in the interest of justice may\nbe issued upon motion of the people or of the court itself as well as\nupon that of the defendant.  Upon issuing such an order, the court must\nset forth its reasons therefor upon the record.\n
N.Y. ISC Law § 7506 — New York Code / Act ISC / Article 75 / Section 7506
Companies excluded from article
Status: in_force

§ 7506. Companies excluded from article. There is hereby excluded from\nthe provisions of this article any life insurance company organized and\noperated, without profit to any private shareholder or individual,\nexclusively to aid and strengthen charitable, religious, missionary,\neducational or philanthropic institutions by issuing policies or\ncontracts only to or for the benefit of such institutions, to\nindividuals engaged in serving such institutions and to members of their\nimmediate families.\n
N.Y. LEG Law § 7-G — New York Code / Act LEG / Article 2 / Section 7-G
Senate historian
Status: in_force

§ 7-g. Senate historian. The temporary president of the senate may\nappoint an official historian, who shall compile an annual record of\nsignificant senate accomplishments during each year and submit to the\ntemporary president such written record within one hundred twenty days\nafter the close of each session. The historian shall serve without\ncompensation, at the pleasure of the temporary president, and be\nresponsible for preparation of the history of the senate during such\ntemporary president's tenure.\n  Appointment as senate historian shall be made from names submitted by\nthe deputy majority and the minority leaders of the senate. No person\nshall simultaneously hold the positions of assembly historian and senate\nhistorian.\n
N.Y. GMU Law § 239-NN — New York Code / Act GMU / Article 12-B / Section 239-NN
Rights and duties of neighboring municipalities in planning and zoning matters
Status: in_force

§ 239-nn. Rights and duties of neighboring municipalities in planning\nand zoning matters. 1. Legislative intent and purpose. It is the intent\nand purpose of this section to encourage the coordination of land use\ndevelopment and regulation among adjacent municipalities in order that\neach adjacent municipality may recognize the goals and objectives of\nneighboring municipalities, and as a result development occurs in a\nmanner which is supportive of the goals and objectives of the general\narea.\n  2. Definitions. For the purpose of this section:\n  (a) "Municipality" shall mean a city, except a city having a\npopulation in excess of one million, a town or a village.\n  (b) "Adjacent municipality" shall mean a city, except a city having a\npopulation in excess of one million, town or village which has a portion\nof its boundary that is contiguous with another municipality.\n  3. The legislative body or other authorized body having jurisdiction\nin a municipality shall give notice to an adjacent municipality when a\nhearing is held by such body relating to:\n  (a) the issuance of a proposed special use permit or the granting of a\nuse variance on property that is within five hundred feet of an adjacent\nmunicipality;\n  (b) site plan review and approval on property that is within five\nhundred feet of an adjacent municipality; or\n  (c) a subdivision review and approval on property that is within five\nhundred feet of an adjacent municipality.\n  4. Such notice shall be given by mail or electronic transmission to\nthe clerk of the adjacent municipality at least ten days prior to any\nsuch hearing.\n  5. Such adjacent municipality may appear and be heard.\n
N.Y. GMU Law § 50-G — New York Code / Act GMU / Article 4 / Section 50-G
Recording of notice of defect
Status: in_force

§ 50-g. Recording of notice of defect. 1. Wherever any statute, city\ncharter or local law provides that no civil action shall be maintained\nagainst a city for damages or injuries to person or property sustained\nin consequence of any street, highway, bridge, culvert, sidewalk or\ncrosswalk being out of repair, unsafe, dangerous or obstructed, or in\nconsequence of the existence of snow or ice thereon, unless it appear\nthat written notice of the defective, unsafe, dangerous or obstructed\ncondition, or of the existence of the snow or ice, was actually given to\nthe city or its specified officer or employee and there was a failure or\nneglect within a reasonable time after the giving of such notice to\nrepair or remove the defect, danger or obstruction complained of, or to\ncause the snow or ice to be removed, or the place otherwise made\nreasonably safe, the city shall keep an indexed record, in a separate\nbook, of all written notices which it shall receive of the existence of\nsuch defective, unsafe, dangerous or obstructed condition, or of such\nsnow or ice, which record shall state the date of receipt of the notice,\nthe nature and location of the condition stated to exist, and the name\nand address of the person from whom the notice is received. All such\nwritten notices shall be indexed according to the location of the\nalleged defective, unsafe, dangerous or obstructed condition, or the\nlocation of accumulated snow or ice.\n  2. Where the statute, charter or local law requires that the written\nnotice be given to a specified city officer or employee the record shall\nbe made and kept by the person so specified. Where the statute, charter\nor local law requires that the written notice be given to any of several\nspecified city officers or employees, or omits to specify the officer or\nemployee to whom the written notice shall be given, the record shall be\nmade and kept by an officer or employee designated for that purpose by\nthe governing body of the city. In the absence of such designation the\nrecord shall be made and kept by the commissioner of public works of the\ncity or, if there be no officer of that title, by an officer exercising\ncorresponding duties. The record of notices of defects shall be a public\nrecord. The record of each notice shall be preserved for a period of\nfive years after the date it is received.\n  3. This section shall be applicable notwithstanding any inconsistent\nprovisions of law, general, special or local, or any limitation\ncontained in the provisions of any city charter.\n
N.Y. TRA Law § 405 — New York Code / Act TRA / Article 15* / Section 405
Central staff
Status: in_force

* § 405. Central staff. To meet areawide transportation planning needs\nand to provide centralized services to the transportation coordinating\ncommittees, the council shall provide for a central staff, and a staff\ndirector appointed by the council from a list provided by the permanent\nco-chairperson. The staff director shall be accountable to the council\nfor results of that portion of the transportation planning program\nassigned to the central staff, and for the economy and efficiency of the\ncentral staff operation. Central staff activities shall be limited to\ntransportation and transportation related matters and may include:\n  1. data collection, monitoring and analysis;\n  2. demographic analysis and forecasting;\n  3. strategic transportation planning;\n  4. regional transportation systems planning;\n  5. travel simulation and modelling and other technical planning and\nplanning services;\n  6. mapping services;\n  7. administrative services including contract administration; and\n  8. special studies of regional significance.\n  * NB Expired June 30, 1983\n  * NB There are 2 § 405's\n
N.Y. PML Law § 110 — New York Code / Act PML / Article 1 / Section 110
Statement of stockholders to be filed
Status: in_force

§ 110. Statement of stockholders to be filed. Every corporation or\nassociation authorized under this chapter to conduct pari-mutuel betting\nat a race meeting or races run thereat shall file with the commission a\nstatement giving the names and addresses of all its stockholders and\nshall likewise file revised statements giving such names and addresses\nfrom time to time as changes occur.\n
N.Y. GBS Law § 199 — New York Code / Act GBS / Article 11-A / Section 199
Penalties
Status: in_force

§ 199. Penalties. Any person, firm, or corporation violating the\nprovisions of section one hundred ninety-six of this article shall be\nliable in an action brought on behalf of the people of the state of New\nYork in the sum of one thousand dollars for each of such violations.\n
N.Y. JUD Law § 798 — New York Code / Act JUD / Article 20-A / Section 798
Remitting fines and penalties and discharging recognizances
Status: in_force

§ 798. Remitting fines and penalties and discharging recognizances.\nUpon the application of a person, who has been fined by a court, or of a\nperson whose recognizance has become forfeited, or of his surety or of a\nperson who has posted cash bail, or bail by credit card or similar\ndevice which has been forfeited, the county court of the county in which\nthe term of the court was held, where the fine was imposed, or the\nrecognizance taken, may, except as otherwise prescribed in section seven\nhundred and ninety-nine; upon good cause shown, and upon such terms as\nit deems just, make an order, remitting the fine, wholly or partly, or\nthe forfeiture of the recognizance, or part of the penalty thereof; or\nit may discharge the recognizance. If a fine so remitted has been paid,\nthe county treasurer, or other officer, in whose hands the money\nremains, must pay the same, or the part remitted, according to the\norder.\n
N.Y. ISC Law § 2406 — New York Code / Act ISC / Article 24 / Section 2406
Procedure after report; defined violation
Status: in_force

§ 2406. Procedure after report; defined violation.  (a) If the hearing\nwas on a charge of a defined violation the superintendent shall make an\norder on his report and serve a copy of the findings and order upon the\nperson charged with the violation and any intervenor. If the\nsuperintendent finds that the person complained of has engaged in a\ndefined violation, the order shall require the person to cease and\ndesist from engaging in such defined violation.  Furthermore, if the\nsuperintendent finds, after notice and hearing, that the person\ncomplained of has engaged in an act prohibited by section three thousand\ntwo hundred twenty-four-a of this chapter, the superintendent is\nauthorized to levy a civil penalty against such person in an amount up\nto five hundred dollars per day for each day beyond the date that a bill\nor claim was to be processed in accordance with section three thousand\ntwo hundred twenty-four-a of this chapter, but in no event shall such\npenalty exceed five thousand dollars.\n  (b) Until a proceeding for judicial review has been commenced, or the\ntime to commence the proceeding has expired, the superintendent may,\nupon notice and in the manner he deems proper, modify or set aside all\nor part of any order issued by him under this section.\n  (c) If a proceeding for judicial review has not been commenced within\nthe time allowed, the superintendent may, after notice and opportunity\nfor hearing, modify or set aside, all or part, of any order issued by\nhim under this section, whenever in his opinion changed conditions of\nfact or law or the public interest require.\n  (d) A cease and desist order issued under this section is final upon\nthe expiration of the time allowed for commencing a proceeding for\njudicial review if no proceeding has been commenced within such time, or\nupon the final decision of the court affirming the order or dismissing\nthe proceeding.\n  (e) Any person who violates a cease and desist order issued by the\nsuperintendent under this section after it has become final, and while\nit is in effect, shall be liable to the people of this state for a\npenalty in an amount not to exceed five thousand dollars for each\nviolation. In determining the amount of the penalty the question of\nwhether the violation was wilful shall be taken into consideration.\nNothing herein shall limit a court in enforcing its own orders.\n
N.Y. MHY Law § 19.16 — New York Code / Act MHY / Title D / Article 19 / Section 19.16
Methadone Registry
Status: in_force

§ 19.16 Methadone Registry.\n  The office shall establish and maintain, either directly or through\ncontract, a central registry for purposes of preventing multiple\nenrollment, ensuring accurate dosage delivery and facilitating disaster\nmanagement in methadone programs. The office shall require all methadone\nprograms to utilize such registry and shall have the power to assess\nmethadone programs such fees as are necessary and appropriate.\n
N.Y. TAX Law § 1428-A — New York Code / Act TAX / Article 31-A / Section 1428-A
Credit
Status: in_force

§ 1428-a. Credit. 1. A grantor shall be allowed a credit against the\ntax due on a conveyance of real property to the extent tax was paid by\nsuch grantor on a prior creation of a leasehold of all or a portion of\nthe same real property or on the granting of an option or contract to\npurchase all or a portion of the same real property, by such grantor.\nSuch credit shall be computed by multiplying the tax paid on the\ncreation of the leasehold or on the granting of the option or contract\nby a fraction, the numerator of which is the value of the consideration\nused to compute such tax paid which is not yet due to such grantor on\nthe date of the subsequent conveyance (and which such grantor will not\nbe entitled to receive after such date), and the denominator of which is\nthe total value of the consideration used to compute such tax paid.\n  2. A grantor shall be allowed a credit against the tax due on a\nconveyance of real property under the following circumstances: (a) the\ngrantor purchased the property without its being improved by residential\npremises, (b) the grantor improved it by the construction of residential\npremises thereon, and (c) the grantor subsequently sold such improved\nproperty. At the time of the first sale of the property after the making\nof the improvement, the grantor shall be allowed a credit equal to the\namount of the tax actually paid on the conveyance immediately prior to\nthe making of the improvement.\n
N.Y. RPP Law § 388 — New York Code / Act RPP / Article 12 / Section 388
Guardian ad litem
Status: in_force

§ 388. Guardian ad litem. In any proceeding to register title, the\ncourt may make an order appointing a disinterested attorney, other than\nthe official examiner of title by whom the title was examined and\nreported and certified, to act as guardian ad litem for all minor\npersons and for all persons under other disability appearing by the\npetition or by the official examiner's report of title to have interests\nadverse to those of the petitioner.  The petition for the appointment of\nsaid guardian ad litem may be made by the petitioner ex parte at any\ntime during the pendency of the proceeding. The guardian ad litem thus\nappointed upon the application of the petitioner may be the attorney\ngeneral of the state of New York, unless it appears to the court that\nthe state of New York has or claims some interest adverse to that of the\nperson or persons for whom the attorney general would thus be appointed\nguardian ad litem. The question as to the existence of such adverse\nclaim or interest shall be for the court; and an order appointing the\nattorney general as such guardian ad litem shall be sufficient proof\nthat no such adverse claim or interest exists. Such an order shall be\nconclusive as a matter of law after thirty days from the time when a\ncertified copy of the final order or judgment of registration in the\nproceeding is filed in the office of the registrar of the county in\nwhich the property is situated. It shall be the duty of such guardian ad\nlitem actively to ascertain and protect as is reasonably possible, the\ninterest of all minor parties to the proceeding and all other parties\nunder disability. The compensation of such guardian shall be one hundred\ndollars, unless the court directs otherwise; but the attorney general\nshall not receive any compensation for acting as such guardian ad litem.\nNo issue requiring a trial shall be raised by the answer of a guardian\nad litem of any minor party or party under other disability unless it\nshall affirmatively appear by the official examiner's report or by\nanswer of the guardian ad litem that such minor party or party under\nother disability has an interest adverse to the title or interest sought\nto be registered.\n