FrankGoortani/open-us-law huggingface dataset:
N.Y. DEA Law § 75 — New York Code / Act DEA / Article 5 / Section 75
Appeals
Status: in_force

§ 75. Appeals. Any person in interest who is aggrieved by any\ndetermination of the industrial commissioner with respect to an\napplication for or grant, denial or revocation of a dispensation under\nthis article may appeal to the New York state board of standards and\nappeals.  Such an appeal may be taken within twenty days after the date\nnotice of such determination is given to the applicant by such\ncommissioner. The applicant for the dispensation shall have the burden\nof proving that the granting or continuance of a dispensation is\nwarranted in his particular case. The board is hereby authorized to\naffirm, reverse or modify any determination of the industrial\ncommissioner under this article. The board shall order a hearing if it\ndeems a hearing necessary in order to enable it to decide the issues\nraised. In a case where a hearing is not so ordered, the board may\ndecide the appeal upon written submissions. The determinations of the\nboard upon questions of fact shall be conclusive. Within twenty days\nafter notice of the determination of the board is given to the\napplicant, an appeal may be taken upon questions of law to the appellate\ndivision of the supreme court, third department. The filing of a\npetition of appeal with the board of standards and appeals in accordance\nwith that board's rules of procedure, or the filing of a notice of\nappeal with such court, shall not stay the determination of the\nindustrial commissioner under this article.\n
N.Y. RSS Law § 448-A — New York Code / Act RSS / Article 11 / Section 448-A
Death benefit for vested members who die prior to retirement
Status: in_force

§ 448-a. Death benefit for vested members who die prior to retirement.\na. A death benefit plus the reserve-for-increased-take-home-pay, if any,\nshall be payable upon the death of a member of a retirement system who:\n  1. Died before the effective date of retirement while a member of such\nretirement system;\n  2. Had at least ten years of credited service at the time of death;\nand\n  3. Died at a time and in a manner which did not result in the\neligibility of the member's estate or any beneficiary to receive any\ndeath benefits from such retirement system on account of such death.\n  b. Benefits provided under this section shall be payable to the\nmember's estate or the beneficiary or beneficiaries nominated by the\nmember on a designation of beneficiary form filed with the\nadministrative head of such retirement system.\n  c. The amount of the benefit payable pursuant to this section shall be\nequal to one-half of the amount of the ordinary death benefit which\nwould have been payable had the member's death occurred on the last day\nof service upon which membership was based.\n
N.Y. PML Law § 808 — New York Code / Act PML / Article 8 / Section 808
Administration and enforcement
Status: in_force

§ 808. Administration and enforcement. Any local law adopted pursuant\nto this article may contain, to the extent consistent with this article,\nprovisions necessary and appropriate for the proper imposition,\ncollection and administration of the tax herein authorized, including,\nbut not limited to, provisions:\n  1. For the filing of periodic returns;\n  2. For the making of refunds;\n  3. For the maintenance, retention and inspection of records;\n  4. For the subpoena of persons and records and the administration of\noaths;\n  5. For the enforcement of collection by execution and sale by the\nsheriff or otherwise;\n  6. For the promulgation by the officer administering the tax of\nregulations for the effective administration and enforcement of the tax;\n  7. For the payment of interest and penalties in the case of\ndelinquency;\n  8. For the enforcement of such local law by appropriate proceedings;\nand\n  9. For making violations thereof misdemeanors and prescribing the\npunishment for such violations by civil penalty, fine, forfeiture, or\nimprisonment, or by two or more of such punishments.\n
N.Y. PEN Law § 60.10-A — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.10-A
Authorized disposition; adolescent offender
Status: in_force

§ 60.10-a Authorized disposition; adolescent offender.\n  When an adolescent offender is convicted of an offense, the court\nshall sentence the defendant to any sentence authorized to be imposed on\na person who committed such offense at age eighteen or older. When a\nsentence is imposed, the court shall consider the age of the defendant\nin exercising its discretion at sentencing.\n
N.Y. CPL Law § 570.58 — New York Code / Act CPL / Part 3 / Title Q / Article 570 / Section 570.58
Immunity from service of process in certain civil actions
Status: in_force

§ 570.58  Immunity from service of process in certain civil actions.\n  A person brought into this state on or after waiver of extradition\nbased on a criminal charge shall not be subject to service of personal\nprocess in civil actions arising out of the same facts as the criminal\nproceeding to answer which he is being or has been returned until he has\nbeen convicted in the criminal proceeding, or if acquitted, until he has\nhad reasonable opportunity to return to the state from which he was\nextradicted.\n
N.Y. TAX Law § 507 — New York Code / Act TAX / Article 21 / Section 507
Records
Status: in_force

§ 507. Records. Every carrier subject to this article and every\ncarrier to whom a certificate of registration was issued shall keep a\ncomplete and accurate daily record which shall show the miles traveled\nin this state by each vehicular unit and such other information as the\ncommissioner may require. Such records shall be kept in this state\nunless the commissioner consents to their removal and shall be preserved\nfor a period of four years and be open for inspection at any reasonable\ntime upon the demand of the commissioner.\n
N.Y. CVP Law § 5513 — New York Code / Act CVP / Article 55 / Section 5513
Time to take appeal, cross-appeal or move for permission to appeal
Status: in_force

§ 5513. Time to take appeal, cross-appeal or move for permission to\nappeal.  (a) Time to take appeal as of right. An appeal as of right must\nbe taken within thirty days after service by a party upon the appellant\nof a copy of the judgment or order appealed from and written notice of\nits entry, except that when the appellant has served a copy of the\njudgment or order and written notice of its entry, the appeal must be\ntaken within thirty days thereof.\n  (b) Time to move for permission to appeal. The time within which a\nmotion for permission to appeal must be made shall be computed from the\ndate of service by a party upon the party seeking permission of a copy\nof the judgment or order to be appealed from and written notice of its\nentry, or, where permission has already been denied by order of the\ncourt whose determination is sought to be reviewed, of a copy of such\norder and written notice of its entry, except that when such party\nseeking permission to appeal has served a copy of such judgment or order\nand written notice of its entry, the time shall be computed from the\ndate of such service. A motion for permission to appeal must be made\nwithin thirty days.\n  (c) Additional time where adverse party takes appeal or moves for\npermission to appeal. A party upon whom the adverse party has served a\nnotice of appeal or motion papers on a motion for permission to appeal\nmay take an appeal or make a motion for permission to appeal within ten\ndays after such service or within the time limited by subdivision (a) or\n(b) of this section, whichever is longer, if such appeal or motion is\notherwise available to such party.\n  (d) Additional time where service of judgment or order and notice of\nentry is served by mail or overnight delivery service. Where service of\nthe judgment or order to be appealed from and written notice of its\nentry is made by mail pursuant to paragraph two of subdivision (b) of\nrule twenty-one hundred three or by overnight delivery service pursuant\nto paragraph six of subdivision (b) of rule twenty-one hundred three of\nthis chapter, the additional days provided by such paragraphs shall\napply to this action, regardless of which party serves the judgment or\norder with notice of entry.\n
N.Y. ENG Law § 16-108 — New York Code / Act ENG / Article 16 / Section 16-108
Violations, civil liability
Status: in_force

§ 16-108. Violations, civil liability. 1. Any person who issues:\n  (a) a certification that a product listed in paragraphs (a) through\n(xx) of subdivision one of section 16-104 of this article complies with\nthe efficiency standards for such product established by or pursuant to\nthis article;\n  (b) a certification that a product not listed in paragraphs (a)\nthrough (xx) of subdivision one of section 16-104 of this article\ncomplies with efficiency standards for such product established pursuant\nto paragraph (b) or (c) of subdivision one of section 16-104 of this\narticle; or\n  (c) a certification that a product that is subject to federal\nefficiency standards that shall have been continued in this state\npursuant to section 16-105 of this article complies with such efficiency\nstandards, knowing that such product does not comply with such\nefficiency standards, shall be liable for a civil penalty of not more\nthan ten thousand dollars for each such product certified and an\nadditional penalty of not more than ten thousand dollars for each day\nduring which such violation continues.\n  2. Any person who violates the provisions of subdivision two of\nsection 16-104 of this article, or fails to perform any duty imposed by\nthis article, or violates or fails to comply with any rule, regulation,\ndetermination, or order adopted, made, or issued by the president or the\nsecretary pursuant to this article, shall be liable for a civil penalty\nof not more than five hundred dollars for each such violation and an\nadditional civil penalty of not more than one hundred dollars for each\nday during which such violation continues, and, in addition thereto,\nsuch person may be enjoined from continuing such violation.\n  3. An action or cause of action for the recovery of a penalty under\nthis section may be settled or compromised in an amount to be approved\nby the secretary either before or after proceedings are brought to\nrecover such penalties and prior to the entry for judgment therefor.\n
N.Y. SCP Law § 1421 — New York Code / Act SCP / Article 14 / Section 1421
Election by surviving spouse 1
Status: in_force

§ 1421. Election by surviving spouse\n  1. Any person interested in obtaining a determination as to the\nvalidity or effect of an election to take a share under EPTL 5-1.1 or\nEPTL 5-1.1-A may present to the court in which the will was probated or\nfrom which letters of administration were issued, a petition showing his\ninterest, the names and post-office addresses of the other persons\ninterested and the particular question concerning which he requests the\ndetermination of the court.\n  2. If the application be entertained process shall issue to all\npersons interested in the question to be presented to show cause why the\ndetermination should not be made. On the return of process the court may\ntake proof and shall make such decree as justice requires.\n  3. The validity or effect of any such election may also be determined\nin a proceeding for the judicial settlement of the accounts of a\nfiduciary.\n  4. For the purpose of determining the validity or effect of any\nelection made pursuant to EPTL 5-1.1 or EPTL 5-1.1-A, either under this\nsection or in a proceeding for the judicial settlement of the accounts\nof the fiduciary, a person interested shall include any person who has\nan interest in any of the transactions described in EPTL 5-1.1 or EPTL\n5-1.1-A.  Where any such person has an interest as trustee of an express\ntrust it shall be sufficient to name and serve the trustee.\n  5. Whenever it shall appear that a fund or property required to be\nincluded in the net estate under EPTL 5-1.1 or EPTL 5-1.1-A has not come\ninto the possession of the fiduciary of the decedent as such, the court\nshall fix the liability of any person who has any interest in the fund\nor property or who has possession thereof, whether as trustee or\notherwise.\n
N.Y. NAV Law § 47-B — New York Code / Act NAV / Article 4 / Part 1 / Section 47-B
Report to the commissioner required upon accident
Status: in_force

§ 47-b. Report to the commissioner required upon accident. Every\nperson operating a vessel, including, but not limited to, rowboats and\ncanoes, upon the navigable waters of the state, or on any other waters\nwithin the boundaries of the state, which is in any manner involved in\nan accident, in which any person is killed, injured or disappears under\nthe water, or in which damage to the property of any one person,\nincluding himself or herself, in excess of one thousand dollars is\nsustained shall, within five days after such accident, report the matter\nin writing to the commissioner. If the owner is not involved in such\naccident or is incapacitated, the owner shall, within five days after\nlearning of the facts of such accident, report the matter to the\ncommissioner together with such information as may have come to the\nowner's knowledge relating to such accident. Every such operator of a\nvessel, or surviving participant in any such accident, or the owner of\nthe vessel involved in any such accident, shall make such other and\nadditional reports as the commissioner may require. A violation of this\nsection shall constitute a violation punishable by a fine of not less\nthan twenty-five nor more than one hundred dollars. Nothing contained in\nthis section shall be deemed to supersede the provisions of section\nforty-seven of this article.\n
N.Y. STF Law § 222 — New York Code / Act STF / Article 15 / Section 222
Monitoring and report
Status: in_force

§ 222. Monitoring and report. 1. The commissioner of economic\ndevelopment shall monitor the activities of participating lenders and\nbusinesses and may require periodic reports or other information the\ncommissioner of economic development deems necessary from participating\nlenders and businesses on the status of the linked loans and the\nprojects to ensure compliance with the provisions and the intent of this\narticle.\n  2. On or before February first, nineteen hundred ninety-five, and\nannually thereafter the commissioner of economic development shall\nsubmit to the governor, the temporary president of the senate and the\nspeaker of the assembly a report regarding the activities of the\nprogram. Such report shall contain a statement of the cost of the\nprogram to the state and to the public authorities, considered as a\nwhole, because of reduced rates on funds invested in linked deposits.\nSuch report shall also include, but shall not be limited to, the number\nand type of linked loans under the program and the amount thereof; the\nnumber and types of lenders making linked loans and of firms receiving\nlinked loans; the geographic distribution of such lenders and firms; the\napproximate number of jobs created or retained as a result of the\nprogram; actions taken by the department of economic development and the\ndepartment of financial services to secure the increased participation\nof lenders in economic development regions in which fewer than ten\nlinked loans have been made on or before April first, nineteen hundred\nninety-five; actions taken by the department of economic development to\nsecure the increased participation of public authorities and public\nbenefit corporations pursuant to section ninety-two-v of this chapter;\nas well as any information the commissioner determines useful in\nevaluating the economic benefits of the program.\n
N.Y. LEG Law § 67 — New York Code / Act LEG / Article 4 / Section 67
Data for financial committees to be preserved
Status: in_force

§ 67. Data for financial committees to be preserved. All books,\npapers, transcripts of records, pamphlets, statements, reports,\ndocuments, data, memoranda and written or printed matter used by or\nsubmitted to the finance committee of the senate and ways and means\ncommittee of the assembly during any session of the legislature shall be\npreserved until the adjournment of the next ensuing annual session of\nthe legislature, in the senate finance committee room. All such matters\nand things in the committee room of the ways and means committee of the\nassembly at the close of an annual session of the legislature shall be\ntransferred to the committee room of the senate finance committee.  The\nduty of caring for such matters and things, and keeping them intact,\nbetween sessions of the legislature shall devolve on the superintendent\nof public buildings.\n
N.Y. HAY Law § 344-D — New York Code / Act HAY / Article 12 / Section 344-D
Portion of the state highway system to be designated as the "Specialist David R
Status: in_force

* § 344-d. Portion of the state highway system to be designated as the\n"Specialist David R. Fahey Jr. Memorial Bridge". The bridge across the\nNew Croton reservoir on state route one hundred twenty-nine, in the town\nof Yorktown, county of Westchester, shall be designated and known as the\n"Specialist David R. Fahey Jr. Memorial Bridge".\n  * NB There are 16 § 344-d's\n
N.Y. TAX Law § 1439-L*3 — New York Code / Act TAX / Article 31-A-2*3 / Section 1439-L*3
Judicial review
Status: in_force

* § 1439-l. Judicial review. 1. Any final determination of the amount\nof any tax payable under section fourteen hundred thirty-nine-c of this\narticle shall be reviewable for error, illegality or unconstitutionality\nor any other reason whatsoever by a proceeding under article\nseventy-eight of the civil practice law and rules if application\ntherefor is made to the supreme court within four months after the\ngiving of the notice of such final determination, provided, however,\nthat any such proceeding under article seventy-eight of the civil\npractice law and rules shall not be instituted unless (a) the amount of\nany tax sought to be reviewed, with such interest and penalties thereon\nas may be provided for by local law shall be first deposited and there\nis filed an undertaking, issued by a surety company authorized to\ntransact business in this state and approved by the state superintendent\nof financial services as to solvency and responsibility, in such amount\nas a justice of the supreme court shall approve to the effect that if\nsuch proceeding be dismissed or the tax confirmed the petitioner will\npay all costs and charges which may accrue in the prosecution of such\nproceeding or (b) at the option of the petitioner, such undertaking may\nbe in a sum sufficient to cover the taxes, interest and penalties stated\nin such determination, plus the costs and charges which may accrue\nagainst it in the prosecution of the proceeding, in which event the\npetitioner shall not be required to pay such taxes, interest or\npenalties as a condition precedent to the application.\n  2. Where any tax imposed hereunder shall have been erroneously,\nillegally or unconstitutionally assessed or collected and application\nfor the refund or revision thereof duly made to the proper fiscal\nofficer or officers, and such officer or officers shall have made a\ndetermination denying such refund or revision, such determination shall\nbe reviewable by a proceeding under article seventy-eight of the civil\npractice law and rules; provided, however, that (a) such proceeding is\ninstituted within four months after the giving of the notice of such\ndenial, (b) a final determination of tax due was not previously made,\nand (c) an undertaking is filed with the proper fiscal officer or\nofficers in such amount and with such sureties as a justice of the\nsupreme court shall approve to the effect that if such proceeding be\ndismissed or the tax confirmed, the petitioner will pay all costs and\ncharges which may accrue in the prosecution of such proceeding.\n  * NB Repealed December 31, 2027\n  * NB There are 3 § 1439-l's\n
N.Y. NAV Law § 34 — New York Code / Act NAV / Article 3 / Section 34
Regattas
Status: in_force

§ 34. Regattas. The commissioner may authorize the holding of regattas\nor boat races on any navigable waters of the state within his\njurisdiction. He shall adopt and may, from time to time, amend\nregulations concerning the safety of vessels and the passengers and\nother persons thereon, either observers or participants. Whenever a\nregatta or boat race is proposed to be held on such waters, the person\nin charge thereof, shall, at least fifteen days prior thereto, file an\napplication with the commissioner in his office at Albany for permission\nto hold such regatta or boat race. The application shall set forth the\ndate and location where it is proposed to hold such regatta or boat\nraces and it shall not be conducted without authorization of the\ncommissioner in writing. A copy of the regulations adopted pursuant to\nthis section, and of any amendments thereto, shall be filed in the\noffice of the commissioner and in the office of the department of state.\nA copy of such regulations shall be furnished by the commissioner to any\nperson making due application therefor.  Any person who shall violate\nany regulation adopted pursuant to this section shall for every such\nviolation forfeit to the people of the state the sum of not to exceed\ntwo hundred and fifty dollars to be recovered in a civil action.\n
N.Y. CVS Law § 165 — New York Code / Act CVS / Article 11 / Section 165
Termination of active employment
Status: in_force

§ 165. Termination of active employment. 1. The health benefit\ncoverage of any employee and his or her dependents, if any, shall cease\nupon the discontinuance of his or her term of office or employment,\nsubject to regulations which may be prescribed by the president for\nextension of coverage and for conversion to an individual contract\nproviding for such of the benefits provided under this article as may be\nprovided under such individual contracts, under terms approved by the\npresident, the total cost of any such contract to be borne by the\nemployee.\n  2. In the event of death of an employee having coverage at the time of\ndeath for himself or herself and his or her dependents, and where the\ncircumstances of death are such that beneficiaries or dependents of such\ndeceased employee are entitled to an accidental death benefit payable by\na retirement system or pension plan administered by the state or a civil\ndivision thereof on account of death resulting from an accident\nsustained in the performance of his or her duties or to death benefits\nprovided for under the workers' compensation law, the unremarried spouse\nof such employee covered at the time of his or her death and his or her\ncovered dependents, for so long as they would otherwise qualify as\ndependents eligible for coverage under the regulations of the president,\nshall be eligible to continue full coverage under the health benefit\nplan upon payment at intervals determined by the president of the full\ncost of such coverage; provided, however, that the state shall pay and\nany participating employer may elect to pay the full cost of such\ncoverage, except that in the case of those enrolled in an optional\nbenefit plan, the employer shall contribute not more than the same\ndollar amount which would be paid if such unremarried spouse and\ndependents were enrolled in the basic statewide health benefit plan. The\npresident shall adopt such regulations as may be required to carry out\nthe provisions of this subdivision which shall include, but need not be\nlimited to, provisions for filing application for continued coverage,\nincluding reasonable time limits therefor, and provisions for continued\ncoverage of spouse and dependents pending determination of an\napplication for accidental death benefits from a retirement system or\npension plan administered by the state or a civil division thereof or\npending determination of a claim for death benefits under the workers'\ncompensation law.\n