FrankGoortani/open-us-law huggingface dataset:
N.Y. UCC Law § 4-A-404 — New York Code / Act UCC / Article 4-A / Part 4 / Section 4-A-404
Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary
Status: in_force

Section 4-A-404. Obligation of Beneficiary's Bank to Pay and Give Notice\n                   to Beneficiary.\n  (1) Subject to subsection (5) of Section 4-A-211 and subsections (4)\nand (5) of Section 4-A-405, if a beneficiary's bank accepts a payment\norder, the bank is obliged to pay the amount of the order to the\nbeneficiary of the order. Payment is due on the payment date of the\norder, but if acceptance occurs on the payment date after the close of\nthe funds-transfer business day of the bank, payment is due on the next\nfunds-transfer business day. If the bank refuses to pay after demand by\nthe beneficiary and receipt of notice of particular circumstances that\nwill give rise to consequential damages as a result of nonpayment, the\nbeneficiary may recover damages resulting from the refusal to pay to the\nextent the bank had notice of the damages, unless the bank proves that\nit did not pay because of a reasonable doubt concerning the right of the\nbeneficiary to payment.\n  (2) If a payment order accepted by the beneficiary's bank instructs\npayment to an account of the beneficiary, the bank is obliged to notify\nthe beneficiary of receipt of the order before midnight of the next\nfunds-transfer business day following the payment date. If the payment\norder does not instruct payment to an account of the beneficiary, the\nbank is required to notify the beneficiary only if notice is required by\nthe order. Notice may be given by first class mail or any other means\nreasonable in the circumstances. If the bank fails to give the required\nnotice, the bank is obliged to pay interest to the beneficiary on the\namount of the payment order from the day notice should have been given\nuntil the day the beneficiary learned of receipt of the payment order by\nthe bank. No other damages are recoverable. Reasonable attorney's fees\nare also recoverable if demand for interest is made and refused before\nan action is brought on the claim.\n  (3) The right of a beneficiary to receive payment and damages as\nstated in subsection (1) may not be varied by agreement or a\nfunds-transfer system rule. The right of a beneficiary to be notified as\nstated in subsection (2) may be varied by agreement of the beneficiary\nor by a funds-transfer system rule if the beneficiary is notified of the\nrule before initiation of the funds transfer.\n
N.Y. EDP Law § 101 — New York Code / Act EDP / Article 1 / Section 101
Purpose
Status: in_force

§ 101. Purpose. It is the purpose of this law to provide the exclusive\nprocedure by which property shall be acquired by exercise of the power\nof eminent domain in New York state; to assure that just compensation\nshall be paid to those persons whose property rights are acquired by the\nexercise of the power of eminent domain; to establish opportunity for\npublic participation in the planning of public projects necessitating\nthe exercise of eminent domain; to give due regard to the need to\nacquire property for public use as well as the legitimate interests of\nprivate property owners, local communities and the quality of the\nenvironment, and to that end to promote and facilitate recognition and\ncareful consideration of those interests; to encourage settlement of\nclaims for just compensation and expedite payments to property owners;\nto establish rules to reduce litigation, and to ensure equal treatment\nto all property owners.\n
N.Y. ISC Law § 7504 — New York Code / Act ISC / Article 75 / Section 7504
The guaranty fund
Status: in_force

§ 7504. The guaranty fund. (a) The corporation shall provide a\nguaranty fund from which all corporate administrative costs may be paid\nas well as such payments and advances as may be made in connection with\nany assumption, reinsurance or guaranty agreement. Such fund shall be\nraised by assessments which may be made from time to time by the\ncorporation upon all member companies in proportion to their admitted\nassets as shown by their annual statements required by this chapter for\nthe year next preceding the date of such assessment. The net realized\ngains and income from investments of the fund shall belong, and be\nrefunded, to the contributors in proportion to the amounts contributed\nby them. The corporation may provide by resolution or by-law the\nnecessary procedure for making assessments, the payment thereof, and the\nrefund of any net realized gains and income from investments of the\nfund.\n  (b) The amount of the fund shall be kept at such a sum as will enable\nthe corporation to meet its immediate obligations and liabilities.\n  (c) Upon payment of assessments the corporation shall issue to the\ncontributors certificates showing the dates and amounts of such\npayments, and any other matters deemed proper. All outstanding\ncertificates shall be of equal dignity and priority irrespective of\namounts or dates of issue. Such certificates may be carried by member\ncompanies as admitted assets to the extent authorized by the\nsuperintendent.\n  (d) Whenever the amount of the fund exceeds the immediate requirements\nof the corporation, with the approval of the superintendent, the\ncorporation may distribute such excess by retirement of the aforesaid\ncertificates previously issued or any part thereof. Such distribution\nshall be made pro rata upon the basis of outstanding certificates,\nexcept that by unanimous consent of all the directors and with the\napproval of the superintendent any other method of retirement of the\ncertificates may be adopted.\n  (e) Upon dissolution of the fund by the repeal of this article or\notherwise, the fund shall be distributed in the manner provided for the\nrepayment or retirement of certificates. If the amount of the fund at\nthe time of dissolution exceeds the outstanding certificates, the excess\nshall be paid in such equitable manner as shall be approved by the\nsuperintendent.\n  (f) The aggregate of the outstanding certificates shall at no time\nexceed fifty million dollars.\n
N.Y. PEN Law § 170.40 — New York Code / Act PEN / Part 3 / Title K / Article 170 / Section 170.40
Criminal possession of forgery devices
Status: in_force

§ 170.40 Criminal possession of forgery devices.\n  A person is guilty of criminal possession of forgery devices when:\n  1. He makes or possesses with knowledge of its character any plate,\ndie or other device, apparatus, equipment, or article specifically\ndesigned for use in counterfeiting or otherwise forging written\ninstruments; or\n  2. With intent to use, or to aid or permit another to use, the same\nfor purposes of forgery, he makes or possesses any device, apparatus,\nequipment or article capable of or adaptable to such use.\n  Criminal possession of forgery devices is a class D felony.\n
N.Y. AGM Law § 145 — New York Code / Act AGM / Article 10 / Section 145
Labelling
Status: in_force

§ 145. Labelling. a. No commercial fertilizer shall be distributed in\nthis state in containers unless there shall be placed on or affixed to\nthe container a label setting forth in clearly legible form a statement\nwhich shall certify as follows:\n  (1) Net weight of the contents of the package.\n  (2) The brand and grade under which it is to be sold.\n  (3) The name, street or post-office address of the principal office of\nthe licensee, distributor or person responsible for placing the\ncommodity on the market.\n  (4) The guaranteed analysis as provided in section one hundred\nforty-four above.\n  b. If distributed in bulk, a written or printed statement of the\ninformation required in subdivision a of this section above shall\naccompany delivery and be supplied to the purchaser at the time of\ndelivery.\n  c. The labelling of specialty fertilizers shall contain all the\ninformation required by the foregoing paragraphs of this section and\nsuch other information as shall be required by rule or regulation issued\nby the commissioner.\n
N.Y. PBL Law § 21 — New York Code / Act PBL / Article 2 / Section 21
Conveyance of strips of abandoned canal lands and Onondaga salt springs reservation land
Status: in_force

§ 21. Conveyance of strips of abandoned canal lands and Onondaga salt\nsprings reservation land.  a. The commissioner of general services is\nauthorized, in his discretion, to sell and convey at public or private\nsale, upon such terms and conditions as he may deem proper, all the\nright, title and interest of the state in and to certain strips of\nabandoned canal lands or Onondaga salt springs reservation land, which\nstrips adjoin the old beds of the Erie canal and Oswego canal and\nside-cut canals, which beds were heretofore conveyed by the people of\nthe state of New York and in which said strips of land there remains a\nright, title or interest in the people of the state of New York. Any\nsuch private sale, if made, shall be to the state's grantee or to the\nsuccessor to the title or interest of the beds so previously granted by\nthe state and shall be for a consideration not less than the appraised\nvalue of the said right, title or interest.\n  b. The commissioner of general services is authorized, in his\ndiscretion, to sell and convey at private sale, upon such terms and\nconditions as he may deem proper, all the right, title and interest of\nthe state in and to any parcel of land of the Onondaga salt springs\nreservation to the person or persons having a deed of record of such\nland, or their successors in interest, since the first day of January,\neighteen hundred ninety-nine, or to any person or persons who have been\nin continuous, open, notorious and adverse possession of such land since\nthe first day of January, eighteen hundred ninety-nine.\n
N.Y. JUD Law § 315 — New York Code / Act JUD / Article 9 / Section 315
Salary of stenographers appointed by justices of the supreme court residing in the second, tenth and eleventh judicial districts
Status: in_force

§ 315. Salary of stenographers appointed by justices of the supreme\ncourt residing in the second, tenth and eleventh judicial districts. 1.\nThe stenographers appointed pursuant to section one hundred and\nfifty-nine of this chapter, by the justices of the supreme court\nresiding in the second and eleventh judicial districts shall receive an\nannual salary to be fixed by said justices, or a majority of them, in\neach such district and the expenses thereof shall be raised with the\nannual tax levy as a county charge.\n  2. Each stenographer appointed as prescribed in section one hundred\nfifty-nine of this chapter, by the justices of the supreme court for the\ntenth judicial district, shall receive an annual salary to be fixed by\nsaid justices, or a majority of them, at not to exceed six thousand\ndollars. Such salaries shall be audited by the state comptroller and\npaid by the state department of taxation and finance in equal monthly\npayments when certified to such comptroller by a justice of the tenth\njudicial district. The total amount of such salaries shall be\napportioned by such department among the counties in the tenth judicial\ndistrict.  Such counties shall reimburse the state therefor. The time\nand method of such apportionment and the time and method of such\nreimbursement shall be as specified in section seventy-four of this\nchapter.\n
N.Y. SCC Law § 148 — New York Code / Act SCC / Article 9 / Section 148
Appeals from orders of health officer
Status: in_force

§ 148. Appeals from orders of health officer. Any person aggrieved by\nan order, decision or direction of the health officer, may appeal\ntherefrom to the commissioner, who may affirm, reverse or modify the\norder, decision or direction appealed from. Such appeal must be made by\nserving on the health officer a written notice of appeal within two\ndays, Sundays and legal holidays excepted, or within such further time\nas shall be allowed by the commissioner after the appellant receives\nnotice of the order, decision or direction appealed from. Within two\ndays after receiving such notice of appeal, Sundays and legal holidays\nexcepted, the health officer shall make a written return to the\ncommissioner of the facts and evidence on which such an order, decision\nor direction is founded. Upon receipt of such return, or if no return be\nmade within the time specified, the commissioner shall forthwith proceed\nto hear and determine the matter. Upon such appeal the commissioner need\nnot be confined to the evidence contained in the return but in his\ndiscretion may take additional evidence. Until the decision of the\nappeal be made, the order, decision or direction appealed from shall be\nsuspended. In case of failure to sustain the appeal, the commissioner\nmay, in his discretion, impose costs not exceeding ten dollars upon the\nappellant.\n
N.Y. UDC Law § 1402 — New York Code / Act UDC / Article 14 / Section 1402
Default judgment
Status: in_force

§ 1402. Default judgment.\n  A judgment by default may be entered as provided in CPLR § 3215.  A\nsummons stating the amount for which the plaintiff will take judgment if\nthe defendant fails to appear and answer, and containing a statement of\nthe nature and substance of the cause of action, or a summons\naccompanied by a formal complaint, shall be deemed "the summons and the\ncomplaints" referred to in subdivision (e) of said section.\n
N.Y. CPL Law § 720.10 — New York Code / Act CPL / Part 3 / Title U / Article 720 / Section 720.10
Youthful offender procedure; definition of terms
Status: in_force

§ 720.10 Youthful offender procedure; definition of terms.\n  As used in this article, the following terms have the following\nmeanings:\n  1. "Youth" means a person charged with a crime alleged to have been\ncommitted when he was at least sixteen years old and less than nineteen\nyears old or a person charged with being a juvenile offender as defined\nin subdivision forty-two of section 1.20 of this chapter.\n  2. "Eligible youth" means a youth who is eligible to be found a\nyouthful offender. Every youth is so eligible unless:\n  (a) the conviction to be replaced by a youthful offender finding is\nfor (i) a class A-I or class A-II felony, or (ii) an armed felony as\ndefined in subdivision forty-one of section 1.20, except as provided in\nsubdivision three, or (iii) rape in the first degree, a crime formerly\ndefined in section 130.50 of the penal law, or the crime of aggravated\nsexual abuse, except as provided in subdivision three, or\n  (b) such youth has previously been convicted and sentenced for a\nfelony, or\n  (c) such youth has previously been adjudicated a youthful offender\nfollowing conviction of a felony or has been adjudicated on or after\nSeptember first, nineteen hundred seventy-eight a juvenile delinquent\nwho committed a designated felony act as defined in the family court\nact.\n  3. Notwithstanding the provisions of subdivision two, a youth who has\nbeen convicted of an armed felony offense or of rape in the first\ndegree, criminal sexual act in the first degree, or aggravated sexual\nabuse is an eligible youth if the court determines that one or more of\nthe following factors exist: (i) mitigating circumstances that bear\ndirectly upon the manner in which the crime was committed; or (ii) where\nthe defendant was not the sole participant in the crime, the defendant's\nparticipation was relatively minor although not so minor as to\nconstitute a defense to the prosecution. Where the court determines that\nthe eligible youth is a youthful offender, the court shall make a\nstatement on the record of the reasons for its determination, a\ntranscript of which shall be forwarded to the state division of criminal\njustice services, to be kept in accordance with the provisions of\nsubdivision three of section eight hundred thirty-seven-a of the\nexecutive law.\n  4. "Youthful offender finding" means a finding, substituted for the\nconviction of an eligible youth, pursuant to a determination that the\neligible youth is a youthful offender.\n  5. "Youthful offender sentence" means the sentence imposed upon a\nyouthful offender finding.\n  6. "Youthful offender adjudication". A youthful offender adjudication\nis comprised of a youthful offender finding and the youthful offender\nsentence imposed thereon and is completed by imposition and entry of the\nyouthful offender sentence.\n
N.Y. PBB Law § 146 — New York Code / Act PBB / Article 5 / Section 146
Prohibit symbols of hate
Status: in_force

§ 146. Prohibit symbols of hate. 1. The state of New York shall not\nsell or display any symbols of hate or any similar image, or tangible\npersonal property, inscribed with such an image unless the image appears\nin a book, digital medium, museum, or otherwise serves an educational or\nhistorical purpose.\n  2. For the purposes of this section, the term "symbols of hate" shall\ninclude, but not be limited to, symbols of white supremacy, neo-Nazi\nideology or the Battle Flag of the Confederacy.\n
N.Y. PEN Law § 225.25 — New York Code / Act PEN / Part 3 / Title M / Article 225 / Section 225.25
Possession of gambling records; defense
Status: in_force

§ 225.25 Possession of gambling records; defense.\n  In any prosecution for possession of gambling records, it is a defense\nthat the writing, paper, instrument or article possessed by the\ndefendant was neither used nor intended to be used in the operation or\npromotion of a bookmaking scheme or enterprise, or in the operation,\npromotion or playing of a lottery or policy scheme or enterprise.\n
N.Y. GMU Law § 4 — New York Code / Act GMU / Article 2 / Section 4
Investigation of expenditures of towns and villages
Status: in_force

§ 4. Investigation of expenditures of towns and villages. If\ntwenty-five freeholders in any town or village shall present to a\njustice of the supreme court of the judicial district in which such town\nor village is situated, an affidavit, stating that they are freeholders\nand have paid taxes on real property within such town or village within\none year, that they have reason to believe that the moneys of such town\nor village are being unlawfully or corruptly expended, and the grounds\nof their belief, such justice, upon ten days' notice to the supervisor,\nand the officers of the town disbursing the funds to which such moneys\nbelong, or the trustees and treasurer of the village, shall make a\nsummary investigation into the financial affairs of such town or\nvillage, and the accounts of such officers, and, in his discretion, may\nappoint experts to make such investigation, and may cause the result\nthereof to be published in such manner as he may deem proper.\n  The costs incurred in such investigation shall be taxed by the\njustice, and paid, upon his order, by the officers whose expenditures\nare investigated, if the facts in such affidavit be substantially\nproved, and otherwise, by the freeholders making such affidavit. If such\njustice shall be satisfied that any of the moneys of such town or\nvillage are being unlawfully or corruptly expended, or are being\nappropriated for purposes to which they are not properly applicable, or\nare improvidently squandered or wasted, he shall forthwith grant an\norder restraining such unlawful or corrupt expenditure, or such other\nimproper use of such moneys.\n
N.Y. RPA Law § 919 — New York Code / Act RPA / Article 9 / Section 919
Interlocutory judgment directing credit on sale
Status: in_force

§ 919. Interlocutory judgment directing credit on sale. The court, in\nthe interlocutory judgment for a sale, shall direct the terms of credit\nwhich may be allowed for any portion of the purchase-money.\n
N.Y. PEP Law § 344 — New York Code / Act PEP / Article 9-A / Section 344
Cancellation of agreement
Status: in_force

§ 344. Cancellation of agreement. After the payment of all sums for\nwhich the lessee is obligated under a retail lease agreement, and upon\nwritten demand made by the lessee, the holder of such agreement shall\nmail to the lessee at his or her last known address good and sufficient\ndocumentation to indicate payment in full. This documentation shall not\noperate to release the lessee from liability for events discovered by\nthe holder subsequent to the mailing of such documentation.\n
N.Y. LAB Law § 660 — New York Code / Act LAB / Article 19 / Section 660
Commissioner's powers of investigation
Status: in_force

§ 660. Commissioner's powers of investigation. The commissioner or his\nauthorized representative shall have power: (a) to investigate the wages\nof persons in any occupation in the state; (b) to enter the place of\nbusiness or employment of any employer for the purpose of (1) examining\nand inspecting any and all books, registers, payrolls and other records\nthat in any way relate to or have a bearing upon the wages paid to, or\nthe hours worked by any employees, (2) ascertaining whether the\nprovisions of this article and the orders and regulations promulgated\nhereunder are being complied with; and (c) to require from any employer\nfull and correct statements and reports in writing, at such times as the\ncommissioner may deem necessary, of the wages paid to and the hours\nworked by his employees.\n
N.Y. CNT Law § 900 — New York Code / Act CNT / Article 24 / Section 900
Devolution of powers and duties on the county of Bronx
Status: in_force

§ 900. Devolution of powers and duties on the county of Bronx.  1. The\ncounty of Bronx shall possess all the rights and be subject to all the\nobligations of the counties now included within the city of New York,\nexcept as otherwise provided by law.\n  2. All acts and parts of acts specially applicable to the county of\nNew York or that portion of the borough of the Bronx formerly part of\nthe county of Westchester, annexed to the city of New York by chapter\nnine hundred thirty-four of the laws of eighteen hundred ninety-five,\nand now in force in the borough of the Bronx shall continue in full\nforce and effect in the county of Bronx, as though the county had been\nin existence at the time of the passage of such acts, and as though the\nname of the county of Bronx had appeared in such acts and parts of acts\nwherever the name of the county of New York or the county of Westchester\nappears in such acts or parts of acts.\n  3. The surrogate, district attorney and county clerk of the county of\nBronx shall have all the powers and perform all the duties as required\nby the constitution and the laws of this state prescribing the duties\nand powers of such officers.\n
N.Y. RCO Law § 91 — New York Code / Act RCO / Article 5 / Section 91
Government of incorporated Roman Catholic churches
Status: in_force

§ 91. Government of incorporated Roman Catholic churches.  The\narchbishop or bishop and the vicar-general of the diocese to which any\nincorporated Roman Catholic church belongs, the rector of such church,\nand their successors in office shall, by virtue of their offices, be\ntrustees of such church. Two laymen, members of such incorporated\nchurch, selected by such officers or by a majority of them, shall also\nbe trustees of such incorporated church, and such officers and such\nlaymen trustees shall together constitute the board of trustees thereof.\nThe two laymen signing the certificate of incorporation of an\nincorporated Roman Catholic church shall be the two laymen trustees\nthereof during the first year of its corporate existence. The term of\noffice of the two laymen trustees of an incorporated Roman Catholic\nchurch shall be one year. Whenever the office of any such layman trustee\nshall become vacant by expiration of term of office or otherwise, his\nsuccessor shall be appointed from members of the church, by such\nofficers or a majority of them. No act or proceeding of the trustees of\nany such incorporated church shall be valid without the sanction of the\narchbishop or bishop of the diocese to which such church belongs, or in\ncase of their absence or inability to act, without the sanction of the\nvicar-general or of the administrator of such diocese.\n