reglab/statecodes huggingface dataset:
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 97 - Selection Criteria.

§ 97. Selection  criteria.  1.  The  applicant,  if  an  individual or
  individuals, shall furnish  evidence  of  the  individual's  good  moral
  character, and if an entity, the applicant shall furnish evidence of the
  good   moral  character  of  the  individuals  who  have  or  will  have
  substantial responsibility for the licensed or authorized  activity  and
  those  in  control  of  the  entity,  including principals, officers, or
  others with such control.
2. The applicant shall furnish evidence of the applicant's  experience
  and  competency,  and  that  the  applicant  has  or  will have adequate
  facilities, equipment, process controls, and security to undertake those
  activities for which licensure is sought.
3. The applicant shall furnish evidence of his, her or its ability  to
  comply with all applicable state and local laws, rules and regulations.
4. If the board is not satisfied that the applicant should be issued a
  license, the board shall notify the applicant in writing of the specific
  reason or reasons for denial.
5.  No license pursuant to this article may be issued to an individual
  under the age of eighteen years.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 98 - License Renewal.

§ 98. License  renewal.  1.  Each  license,  issued  pursuant  to this
  article, may be renewed upon application therefor by  the  licensee  and
  the  payment of the reasonable fee for such license as specified by this
  article.
2. In the case of applications for renewals, the  board  may  dispense
  with the requirements of such statements as it deems unnecessary in view
  of those contained in the application made for the original license.
3.  The  board shall provide an application for renewal of any license
  issued under this article  not  less  than  ninety  days  prior  to  the
  expiration of the current license.
4.  The  board  may  only  issue a renewal license upon receipt of the
  specified renewal application and renewal fee from  a  licensee  if,  in
  addition  to  the  selection  criteria  set  out  in  this  article, the
  licensee's license is not under suspension and has not been revoked.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 99 - Form of License.

§ 99. Form  of license. Licenses issued pursuant to this article shall
  specify:
1. The name and address of the licensee;
2. The activities permitted by the license;
3. The land, buildings  and  facilities  that  may  be  used  for  the
  licensed activities of the licensee;
4. A unique license number issued by the board to the licensee; and
5.  Such other information as the board shall deem necessary to assure
  compliance with this article.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 100 - Transferability; Amendment to License; Change in Ownership or Control.

§ 100. Transferability;  amendment  to license; change in ownership or
  control. 1. Licenses issued under this  article  are  not  transferable,
  absent written consent of the board.
2.  Upon application of a licensee, a license may be amended to add or
  delete permitted activities.
3. A license shall become void by a change in  ownership,  substantial
  corporate change or change of location without prior written approval of
  the  board. The board may make regulations allowing for certain types of
  changes in ownership without the need for prior written approval.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 101 - Granting, Suspending or Revoking Licenses.

§ 101. Granting, suspending or revoking licenses. After due notice and
  an  opportunity  to  be heard, established by rules and regulations, the
  board may decline to grant a new license, impose  conditions  or  limits
  with  respect  to  the grant of a license, modify an existing license or
  decline to renew a license, and may suspend or revoke a license  already
  granted  after due notice and an opportunity to be heard, as established
  by rules and regulations, whenever the board finds that:
1. A material statement contained in an application is or was false or
  misleading;
2. The applicant or licensee, or a person in a position of  management
  and  control  thereof  or  of  the licensed activity, does not have good
  moral  character,   necessary   experience   or   competency,   adequate
  facilities,   equipment,  process  controls,  or  security  to  process,
  distribute, transport or sell cannabinoid hemp, hemp extract or products
  derived therefrom;
3. After appropriate notice and opportunity, the applicant or licensee
  has failed or refused to produce any records or provide any  information
  required  by  this  article  or  the  regulations  promulgated  pursuant
  thereto;
4. The licensee has conducted activities outside of  those  activities
  permitted on its license; or
5.  The  applicant  or licensee, or any officer, director, partner, or
  any other person  exercising  any  position  of  management  or  control
  thereof  or of the licensed activity has willfully failed to comply with
  any of the provisions of this article or regulations under it and  other
  laws of this state applicable to the licensed activity.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 103 - Packaging and Labeling of Cannabinoid Hemp and Hemp Extract.

§ 103. Packaging and labeling of cannabinoid hemp and hemp extract. 1.
  Cannabinoid  hemp  processors  shall  be required to provide appropriate
  label warning to consumers, and restricted from making unapproved  label
  claims,  as  determined by the board, concerning the potential impact on
  or benefit to human health resulting from the use of  cannabinoid  hemp,
  hemp extract and products derived therefrom for human consumption, which
  labels  shall  be affixed to those products when sold, pursuant to rules
  and regulations that the board may adopt.
2. The board may, by rules  and  regulations,  require  processors  to
  establish  a code, including, but not limited to QR code, for labels and
  establish methods and procedures for determining,  among  other  things,
  serving sizes or dosages for cannabinoid hemp, hemp extract and products
  derived  therefrom,  active  cannabinoid concentration per serving size,
  number of servings per container,  and  the  growing  region,  state  or
  country  of  origin  if  not  from  the  United  States.  Such rules and
  regulations may require an appropriate fact panel that incorporates data
  regarding serving sizes and potency thereof.
3. The  packaging,  sale,  or  possession  of  products  derived  from
  cannabinoid  hemp or hemp extract used for human consumption not labeled
  or offered in conformity with regulations under this  section  shall  be
  grounds  for the seizure or quarantine of the product, the imposition of
  a civil penalty against a processor or  retailer,  and  the  suspension,
  revocation  or  cancellation  of  a  license,  in  accordance  with this
  article.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 104 - Processing of Cannabinoid Hemp and Hemp Extract.

§ 104. Processing   of  cannabinoid  hemp  and  hemp  extract.  1.  No
  processor shall sell or agree to  sell  or  deliver  in  the  state  any
  cannabinoid  hemp,  hemp  extract or product derived therefrom, used for
  human consumption, except in sealed containers containing quantities  in
  accordance  with  size standards pursuant to rules adopted by the board.
  Such containers shall  have  affixed  thereto  such  labels  as  may  be
  required by the rules of the board.
2.  Processors  shall  take  such  steps  necessary to ensure that the
  cannabinoid hemp or hemp extract used in their processing operation  has
  only been grown with pesticides that are registered by the department of
  environmental  conservation  or that specifically meet the United States
  environmental protection  agency  registration  exemption  criteria  for
  minimum  risk, used in compliance with rules, regulations, standards and
  guidelines issued by the department of  environmental  conservation  for
  pesticides.
3.  All  cannabinoid hemp, hemp extract and products derived therefrom
  used  for  human  consumption  shall  be  extracted  and  processed   in
  accordance  with  good  manufacturing  processes pursuant to Part 117 or
  Part 111 of title 21 of the code  of  federal  regulations,  as  may  be
  defined, modified and decided upon by the board in rules or regulations.
4.  As  necessary  to  protect  human health, the board shall have the
  authority to: (a) regulate and prohibit specific ingredients, excipients
  or methods  used  in  processing  cannabinoid  hemp,  hemp  extract  and
  products  derived  therefrom;  and  (b)  prohibit,  or  expressly allow,
  certain products or product classes derived  from  cannabinoid  hemp  or
  hemp extract, to be processed.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 105 - Laboratory Testing.

§ 105. Laboratory  testing.  Every  cannabinoid  hemp  processor shall
  contract with an independent commercial  laboratory  to  test  the  hemp
  extract and products produced by the licensed processor. The board shall
  establish  the  necessary  qualifications or certifications required for
  such laboratories used by licensees. The board is  authorized  to  issue
  rules  and  regulations  consistent  with  this article establishing the
  testing required, the reporting of testing  results  and  the  form  for
  reporting  such  laboratory  testing results. The board has authority to
  require licensees to  submit  any  cannabinoid  hemp,  hemp  extract  or
  product  derived  therefrom,  processed  or  offered for sale within the
  state, for testing by the board. This section  shall  not  obligate  the
  board,  in  any  way,  to perform any testing on hemp, cannabinoid hemp,
  hemp extract or product derived therefrom.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 106 - New York Hemp Product.

§ 106. New  York  hemp  product.  The  board  may  establish and adopt
  official grades and standards for cannabinoid  hemp,  hemp  extract  and
  products  derived  therefrom, as the board may deem advisable, which are
  produced for sale in this state and, from time to  time,  may  amend  or
  modify such grades and standards.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 107 - Penalties.

§ 107. Penalties.  Notwithstanding  the  provision  of  any law to the
  contrary, the failure to comply with a requirement of this article, or a
  regulation thereunder, may be punishable by a civil penalty of not  more
  than  one  thousand  dollars  for  a first violation; not more than five
  thousand dollars for a second violation within three years; and not more
  than ten thousand dollars for a  third  violation  and  each  subsequent
  violation thereafter, within three years.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 108 - Hemp Workgroup.

§ 108. Hemp   workgroup.   The   board,   in   consultation  with  the
  commissioner of the department of agriculture and markets, may appoint a
  New York state hemp and hemp extract  workgroup,  composed  of  growers,
  researchers,    producers,    processors,    manufacturers   and   trade
  associations, to  make  recommendations  for  the  industrial  hemp  and
  cannabinoid  hemp  programs,  state  and  federal  policies  and  policy
  initiatives, and  opportunities  for  the  promotion  and  marketing  of
  cannabinoid  hemp  and hemp extract as consistent with federal and state
  laws, rules and regulations.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 109 - Prohibitions.

§ 109. Prohibitions. 1. Except as authorized by the United States food
  and  drug  administration,  the  processing  of cannabinoid hemp or hemp
  extract used for human consumption is prohibited within the state unless
  the processor is licensed under this article.
2. Cannabinoid hemp and hemp extracts used for human  consumption  and
  grown or processed outside the state shall not be distributed or sold at
  retail  within the state, unless they meet all standards established for
  cannabinoid hemp under state law and regulations.
3. The retail sale of cannabinoid hemp is  prohibited  in  this  state
  unless the retailer is licensed under this article.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 110 - Special Use Permits.

§ 110. Special  use  permits.  The  board  shall have the authority to
  issue  temporary  permits  for  carrying  on  any  activity  related  to
  cannabinoid  hemp, hemp extract and products derived therefrom, licensed
  under this article. The board may set reasonable fees for such  permits,
  to  establish  the  periods  during which such permits are valid, and to
  make rules and regulations to implement this section.
2023 New York Laws › CAN - Cannabis › Article 5 - Cannabinoid Hemp and Hemp Extract › 111 - Severability.

§ 111. Severability.   If   any  provision  of  this  article  or  the
  application thereof to any person or circumstances is held invalid, such
  invalidity shall not affect other provisions  or  applications  of  this
  article  which  can  be  given  effect  without the invalid provision or
  application, and to this end the provisions of this article are declared
  to be severable.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 128 - Permits, Registrations and Licenses.

§ 128. Permits, registrations and licenses. 1. No permit, registration
or   license   shall   be   transferable   or   assignable  except  that
notwithstanding any other provision of law, the permit, registration  or
license  of  a  sole proprietor converting to corporate form, where such
proprietor becomes the sole stockholder and only officer and director of
such new corporation, may be transferred to the subject  corporation  if
all  requirements  of  this chapter remain the same with respect to such
permit,  registration  or  license  as  transferred  and,  further,  the
registered  organization or licensee shall transmit to the board, within
ten days of the transfer of license allowable under this subdivision, on
a form prescribed by the board, notification of  the  transfer  of  such
license.
2. No permit, registration or license shall be pledged or deposited as
collateral  security  for  any loan or upon any other condition; and any
such pledge or deposit, and any contract providing  therefor,  shall  be
void.
3. Permits, registrations and licenses issued under this chapter shall
contain,  in  addition  to  any  further  information  or material to be
prescribed by the rules and regulations  of  the  board,  the  following
information:
(a) name of the person to whom the license is issued;
(b)  type  of  license  and  what type of cannabis commerce is thereby
permitted;
(c) description by  street  and  number,  or  otherwise,  of  licensed
premises; and
(d)  a  statement in substance that such license shall not be deemed a
property or vested right, and  that  it  may  be  revoked  at  any  time
pursuant to law.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 129 - Laboratory Testing Permits.

§  129.  Laboratory  testing  permits.  1. The board shall approve and
permit one or more independent cannabis  testing  laboratories  to  test
medical  cannabis,  adult-use  cannabis  and/or cannabinoid hemp or hemp
extract.
2. To be permitted as an independent cannabis laboratory, a laboratory
must apply to the office, on a form and in a manner  prescribed  by  the
office,  which  may  include  a reasonable fee, and must demonstrate the
following to the satisfaction of the board:
(a) the owners and directors of  the  laboratory  are  of  good  moral
character;
(b)  the  laboratory  and  its  staff  has  the  skills, resources and
expertise needed to accurately  and  consistently  perform  all  of  the
testing   required  for  adult-use  cannabis,  medical  cannabis  and/or
cannabinoid hemp or hemp extract;
(c) the laboratory has in place and will maintain  adequate  policies,
procedures,   and   facility  security  to  ensure  proper:  collection,
labeling,  accessioning,  preparation,   analysis,   result   reporting,
disposal and storage of adult-use cannabis, and/or medical cannabis;
(d)  for the testing of cannabis, the laboratory is physically located
in New York state; and
(e) the laboratory meets any and all requirements prescribed  by  this
chapter and by the board in regulation.
3.  The  owner of a laboratory testing permit under this section shall
not hold a permit, registration or  license  in  any  category  of  this
chapter  and shall not have any direct or indirect ownership interest in
such registered organization or  licensee.  No  board  member,  officer,
manager, owner, partner, principal stakeholder or member of a registered
organization  or licensee under this chapter, or such person's immediate
family member, shall have an interest or voting rights in any laboratory
testing permittee.
4. The board  shall  require  that  the  permitted  laboratory  report
testing  results  to  the  board  in  a  manner,  form  and timeframe as
determined by the office.
5. The board is authorized  to  promulgate  regulations,  establishing
minimum  operating  and  testing  requirements,  and requiring permitted
laboratories to perform certain tests and services.
6. A laboratory granted a laboratory testing permit under this chapter
shall not required to  be  licensed  by  the  federal  drug  enforcement
agency.
7.  The  board  is  authorized to enter into contracts or memoranda of
understanding  with  any  other  state  for  the  purposes  of  aligning
laboratory  testing  requirements  or  establishing  best  practices  in
testing of cannabis.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 130 - Special Use Permits.

§  130.  Special  use  permits.  The board shall have the authority to
  issue temporary permits for carrying on activities consistent  with  the
  policy  and purpose of this chapter with respect to cannabis. No special
  use permit shall extend for a period longer than ninety days  and  shall
  not be renewable, except where a permit is being issued to a licensee as
  defined  in  article four of this chapter. A special use permit shall be
  issued pursuant to an abbreviated application process. The  special  use
  permit  holder  shall have ninety days in which to become fully licensed
  by satisfying all of the remaining conditions for licensure  which  were
  not required for the issuance of the special use permit.
The  board may set reasonable fees for such permits and make rules and
  regulations to implement this section.
1. Industrial cannabis permit - to purchase cannabis from one  of  the
  entities  licensed  by  the board for use in the manufacture and sale of
  any of the following, when such cannabis is not otherwise  suitable  for
  consumption purposes, namely: (a) apparel, energy, paper, and tools; (b)
  scientific,  chemical,  mechanical  and  industrial products; or (c) any
  other industrial use as determined by the board in regulation.
2. Trucking permit - to allow for the trucking  or  transportation  of
  cannabis  products,  or  medical  cannabis  by  a  person  other  than a
  registered organization or licensee under this chapter.
3. Warehouse permit - to allow for the storage of  cannabis,  cannabis
  products,  or medical cannabis at a location not otherwise registered or
  licensed by the office.
4. Packaging permit - to authorize a licensed cannabis distributor  to
  sort,  package,  label  and  bundle  cannabis  products from one or more
  registered organizations or licensed processors, on the premises of  the
  licensed  cannabis  distributor or at a warehouse for which a permit has
  been issued under this section.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 131-A - Office to Be Necessary Party to Certain Proceedings.

§  131-a.  Office  to  be  necessary party to certain proceedings. The
  office shall be made a party to all actions and proceedings affecting in
  any manner the possession, ownership  or  transfer  of  a  registration,
  license  or  permit  to  operate  within  a municipality and to all such
  injunction proceedings.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 134 - Lawful Actions Pursuant to This Chapter.

§  134.  Lawful actions pursuant to this chapter. 1. Contracts related
to the operation of registered organizations, licenses and permits under
this chapter shall be lawful and shall not be  deemed  unenforceable  on
the  basis  that  the  actions  permitted  pursuant to the registration,
license or permit are prohibited by federal law.
2. The following actions are  not  unlawful  as  provided  under  this
chapter, shall not be an offense under any state or local law, and shall
not result in any civil penalty, fine, seizure, or forfeiture of assets,
or  be  the  basis  for detention or search against any person acting in
accordance with this chapter:
(a) Actions of a registered organization, licensee, or  permittee,  or
the  employees  or  agents  of such registered organization, licensee or
permittee, as permitted by this chapter and consistent  with  rules  and
regulations  of the office, pursuant to a valid registration, license or
permit issued by the board.
(b) Actions of those who allow property to be  used  by  a  registered
organization, licensee, or permittee, or the employees or agents of such
registered  organization,  licensee  or  permittee, as permitted by this
chapter and  consistent  with  rules  and  regulations  of  the  office,
pursuant to a valid registration, license or permit issued by the board.
(c)  Actions of any person or entity, their employees, or their agents
providing a service to a registered organization, licensee, permittee or
a  potential  registered  organization,  licensee,  or   permittee,   as
permitted  by  this chapter and consistent with rules and regulations of
the office, relating to the formation of a business.
(d) The purchase, cultivation, possession, or consumption of  cannabis
and medical cannabis, as permitted by law, and consistent with rules and
regulations of the board.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 135 - Review by Courts.

§  135.  Review  by courts. An action by the board shall be subject to
review  by  the  supreme  court  in  the  manner  provided  in   article
seventy-eight  of  the  civil  practice law and rules including, but not
limited to:
(a) Refusal by the board  to  issue  a  registration,  license,  or  a
permit.
(b)  The  revocation,  cancellation  or  suspension of a registration,
license, or permit by the board.
(c) The failure or refusal by the board to render a decision upon  any
application  or  hearing  submitted to or held by the board within sixty
days after such submission or hearing.
(d) The transfer by the board of a registration, license, or permit to
any other entity or premises, or the failure or refusal by the board  to
approve such a transfer.
(e) Refusal to approve alteration of premises.
(f)   Refusal   to   approve   a  corporate  change  in  stockholders,
stockholdings, officers or directors.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 136 - Illicit Cannabis.

§  136. Illicit cannabis. 1. "Illicit cannabis" means and includes any
  cannabis flower, concentrated cannabis and cannabis product on which any
  tax required to have been paid under any applicable state law,  has  not
  been  paid.  Illicit  cannabis  shall  not include any cannabis lawfully
  possessed in accordance with this chapter or the penal law.
2. Any person holding a license, permit  or  registration  under  this
  chapter who shall knowingly possess or have under his or her control any
  cannabis known by the person to be illicit cannabis is guilty of a class
  B misdemeanor.
3.  Any  person  holding a license, permit or registration pursuant to
  this chapter who shall knowingly barter,  exchange,  give  or  sell,  or
  offer to barter, exchange, give or sell any cannabis known by the person
  to be illicit cannabis is guilty of a misdemeanor.
4.  Any  person  holding a license, permit or registration pursuant to
  this chapter who shall knowingly  possess  or  have  under  his  or  her
  control  or  transport  any  cannabis  known by the person to be illicit
  cannabis with intent to barter, exchange, give or sell such cannabis  is
  guilty of a class B misdemeanor.
5.  Any  person  who, being the owner, lessee or occupant of any room,
  shed, tenement, booth, building,  float,  vessel  or  part  thereof  who
  knowingly  permits  the same to be used for the cultivation, processing,
  distribution, purchase,  sale,  warehousing  or  transportation  of  any
  cannabis,  in violation of a possession limit in the penal law, known by
  the person to be illicit cannabis, is guilty of a violation.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 138 - Access to Criminal History Information Through the Division of Criminal Justice Services.

§  138. Access to criminal history information through the division of
  criminal justice services. In connection with the administration of this
  chapter, the board is authorized to request, receive and review criminal
  history information through the division of  criminal  justice  services
  with  respect  to  any person seeking a registration, license, permit or
  authorization  to  cultivate,  process,  distribute  or   sell   medical
  cannabis,  adult-use  cannabis, cannabinoid hemp or hemp extract. At the
  board's request, each person, member, principal and/or  officer  of  the
  applicant shall submit to the board his or her fingerprints in such form
  and  in  such  manner  as  specified by the division, for the purpose of
  conducting a criminal history search  identifying  criminal  convictions
  and   pending  criminal  charges  and  returning  a  report  thereon  in
  accordance with the  procedures  and  requirements  established  by  the
  division  pursuant  to  the  provisions  of  article  thirty-five of the
  executive law,  which  shall  include  the  payment  of  the  reasonable
  prescribed  processing  fees  for the cost of the division's full search
  and retain procedures and a national criminal history record check.  The
  board,  or  their  designee,  shall  submit  such  fingerprints  and the
  processing fee to the division. The division shall forward to the  board
  a  report  with respect to the applicant's previous criminal history, if
  any, or a statement that the applicant has no previous criminal  history
  according  to its files. Fingerprints submitted to the division pursuant
  to this subdivision may also be  submitted  to  the  federal  bureau  of
  investigation   for   a  national  criminal  history  record  check.  If
  additional copies of fingerprints  are  required,  the  applicant  shall
  furnish  them  upon  request.  Upon  receipt  of  such  criminal history
  information, the board shall provide such applicant with a copy of  such
  criminal   history   information,   together  with  a  copy  of  article
  twenty-three-A of the correction law, and inform such applicant  of  his
  or  her  right to seek correction of any incorrect information contained
  in  such  criminal  history  information  pursuant  to  regulations  and
  procedures established by the division of criminal justice services.
2023 New York Laws › CAN - Cannabis › Article 6 - General Provisions › 139 - Severability.

§  139.  Severability. If any provision of this chapter or application
  thereof to any person or circumstances is held invalid, such  invalidity
  shall  not  affect other provisions or applications of this chapter that
  can be given effect without the invalid provision or application, and to
  this end the provisions of this chapter are declared severable.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 1 - Short Title; Applicability and Definitions › 101 - Short Title; Application.

§  101.  Short  title; application. This chapter shall be known as the
  civil practice law and rules, and may be  cited  as  "CPLR".  The  civil
  practice  law  and  rules  shall  govern the procedure in civil judicial
  proceedings in all courts of the state and  before  all  judges,  except
  where  the  procedure  is  regulated  by inconsistent statute. The civil
  practice law and rules shall succeed the civil practice act and rules of
  civil practice and shall be deemed substituted therefor  throughout  the
  statutes  and  rules of the state. Reference to a provision in the civil
  practice law and rules may, except when such provision is being  enacted
  or amended, be made without indicating whether it is a rule or section.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 1 - Short Title; Applicability and Definitions › 102 - Amendment, Rescission or Adoption of Rules.

§  102. Amendment, rescission or adoption of rules. The civil practice
  rules are herein designated "rule". Any rule  in  this  chapter  may  be
  amended,  or  rescinded,  or  additional  civil  practice  rules  may be
  adopted,  not  inconsistent  with  the  constitution,  by  act  of   the
  legislature.  No  rule so amended, rescinded or adopted shall abridge or
  enlarge the substantive rights of any party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 1 - Short Title; Applicability and Definitions › 103 - Form of Civil Judicial Proceedings.

§  103.  Form  of  civil judicial proceedings. (a) One form of action.
There is only one form of civil action. The distinctions between actions
at law and suits in equity, and the forms of those  actions  and  suits,
have been abolished.
(b) Action or special proceeding. All civil judicial proceedings shall
be  prosecuted in the form of an action, except where prosecution in the
form of a special  proceeding  is  authorized.  Except  where  otherwise
prescribed by law, procedure in special proceedings shall be the same as
in  actions,  and  the  provisions  of  the civil practice law and rules
applicable to actions shall be applicable to special proceedings.
(c) Improper form. If a  court  has  obtained  jurisdiction  over  the
parties,  a  civil  judicial  proceeding  shall  not be dismissed solely
because it is not brought in the proper form, but the court  shall  make
whatever  order  is  required  for  its proper prosecution. If the court
finds it appropriate in the interests  of  justice,  it  may  convert  a
motion  into a special proceeding, or vice-versa, upon such terms as may
be just, including the payment of fees and costs.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 1 - Short Title; Applicability and Definitions › 107 - Appendix of Official Forms.

§  107. Appendix of official forms. The state administrator shall have
  the power to adopt, amend  and  rescind  an  appendix  of  forms.  Forms
  adopted  pursuant  to  this  section shall be sufficient under the civil
  practice law and rules and shall illustrate the simplicity  and  brevity
  of statement which the civil practice law and rules contemplate.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 201 - Application of Article.

§ 201. Application of article. An action, including one brought in the
  name  or for the benefit of the state, must be commenced within the time
  specified in this article unless a different time is prescribed  by  law
  or  a  shorter  time  is prescribed by written agreement. No court shall
  extend the time limited by law for the commencement of an action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 202 - Cause of Action Accruing Without the State.

§  202.  Cause  of  action accruing without the state. An action based
  upon a cause of action accruing without the state  cannot  be  commenced
  after the expiration of the time limited by the laws of either the state
  or the place without the state where the cause of action accrued, except
  that  where  the  cause  of action accrued in favor of a resident of the
  state the time limited by the laws of the state shall apply.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 204 - Stay of Commencement of Action; Demand for Arbitration.

§  204.  Stay  of commencement of action; demand for arbitration.  (a)
Stay. Where the commencement of an action has been stayed by a court  or
by  statutory prohibition, the duration of the stay is not a part of the
time within which the action must be commenced.
(b) Arbitration. Where it shall have been determined that a  party  is
not  obligated  to submit a claim to arbitration, the time which elapsed
between the demand for arbitration  and  the  final  determination  that
there  is  no  obligation  to arbitrate is not a part of the time within
which an action upon such claim must be commenced. The time within which
the action must be commenced shall not be  extended  by  this  provision
beyond one year after such final determination.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 205 - Termination of Action.

§  205.  Termination  of  action.  (a)  New action by plaintiff. If an
action is timely commenced and is terminated in any other manner than by
a voluntary discontinuance, a failure to  obtain  personal  jurisdiction
over  the  defendant,  a  dismissal  of  the  complaint  for  neglect to
prosecute  the  action,  or  a  final  judgment  upon  the  merits,  the
plaintiff,  or, if the plaintiff dies, and the cause of action survives,
his or her executor or administrator, may commence a new action upon the
same transaction or occurrence or series of transactions or  occurrences
within  six  months  after  the termination provided that the new action
would have been timely commenced at the  time  of  commencement  of  the
prior  action  and  that  service upon defendant is effected within such
six-month period.  Where a dismissal is one for neglect to prosecute the
action made pursuant to rule thirty-two hundred sixteen of this  chapter
or  otherwise,  the  judge  shall  set  forth on the record the specific
conduct constituting the neglect,  which  conduct  shall  demonstrate  a
general pattern of delay in proceeding with the litigation.
(b)  Defense or counterclaim. Where the defendant has served an answer
and the action is terminated in any manner, and a new  action  upon  the
same  transaction or occurrence or series of transactions or occurrences
is commenced  by  the  plaintiff  or  his  successor  in  interest,  the
assertion  of any cause of action or defense by the defendant in the new
action shall be timely if it was timely asserted in the prior action.
(c) Application. This section also applies  to  a  proceeding  brought
under  the  workers'  compensation  law  but  shall  not  apply  to  any
proceeding governed by section two hundred five-a of this article.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 205-A - Termination of Certain Actions Related to Real Property.

§ 205-a. Termination  of certain actions related to real property. (a)
If an action upon an instrument  described  under  subdivision  four  of
section  two hundred thirteen of this article is timely commenced and is
terminated in any  manner  other  than  a  voluntary  discontinuance,  a
failure  to obtain personal jurisdiction over the defendant, a dismissal
of the complaint for any form of neglect, including, but not limited  to
those  specified  in  subdivision  three  of  section thirty-one hundred
twenty-six, section thirty-two hundred fifteen, rule thirty-two  hundred
sixteen and rule thirty-four hundred four of this chapter, for violation
of  any court rules or individual part rules, for failure to comply with
any court scheduling orders, or by  default  due  to  nonappearance  for
conference  or  at  a  calendar call, or by failure to timely submit any
order or judgment, or  upon  a  final  judgment  upon  the  merits,  the
original  plaintiff, or, if the original plaintiff dies and the cause of
action survives, his or her executor or administrator,  may  commence  a
new  action  upon  the  same  transaction  or  occurrence  or  series of
transactions or occurrences within six months following the termination,
provided that the new action would have been timely commenced within the
applicable limitations period prescribed by  law  at  the  time  of  the
commencement  of  the  prior  action  and that service upon the original
defendant is completed within such six-month  period.  For  purposes  of
this subdivision:
1.  a  successor  in interest or an assignee of the original plaintiff
shall not be permitted to commence the new action, unless  pleading  and
proving  that  such  assignee  is  acting  on  behalf  of  the  original
plaintiff; and
2. in no event shall the original  plaintiff  receive  more  than  one
six-month extension.
(b)  Where  the  defendant has served an answer and the action upon an
instrument described under  subdivision  four  of  section  two  hundred
thirteen  of  this article is terminated in any manner, and a new action
upon the same transaction or occurrence or  series  of  transactions  or
occurrences  is  commenced  by the original plaintiff, or a successor in
interest or assignee of the original plaintiff,  the  assertion  of  any
cause  of  action or defense by the defendant in the new action shall be
timely if such cause of action or defense was  timely  asserted  in  the
prior action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 206 - Computing Periods of Limitation in Particular Actions.

§  206.  Computing  periods  of limitation in particular actions.  (a)
Where demand necessary. Except as provided in article 3 of  the  uniform
commercial  code,  where  a  demand  is necessary to entitle a person to
commence an action, the time within which the action must  be  commenced
shall  be  computed  from  the time when the right to make the demand is
complete, except that
1. where a right grows out of the receipt or  detention  of  money  or
property  by  a  trustee,  agent,  attorney  or other person acting in a
fiduciary capacity, the time within which the action must  be  commenced
shall be computed from the time when the person having the right to make
the demand discovered the facts upon which the right depends; and
2. where there was a deposit of money to be repaid only upon a special
demand,   or  a  delivery  of  personal  property  not  to  be  returned
specifically or in kind at a fixed time or upon a fixed contingency, the
time within which the action must be commenced shall  be  computed  from
the demand for repayment or return.
(b)  Based on misconduct of agent. Where a judgment is entered against
a principal in an action based upon an injury resulting from the act  or
omission  of his deputy or agent, the time within which an action by the
principal against the deputy or agent to recover damages  by  reason  of
such  judgment  must  be commenced shall be computed, from the time when
the action against the principal was finally determined. Where an injury
results from the representation by a person that he  is  an  agent  with
authority  to  execute  a  contract  in  behalf of a principal, the time
within which an action to recover damages  for  breach  of  warranty  of
authority  must be commenced by the person injured against the purported
agent shall be computed from the time the person injured discovered  the
facts constituting lack of authority.
(c) Based on breach of covenant of seizin or against incumbrances.  In
an  action  based  upon  breach  of  a  covenant  of  seizin  or against
incumbrances, the time within which the action must be  commenced  shall
be computed from an eviction.
(d)  Based  on  account.  In  an  action based upon a mutual, open and
current account, where there have been reciprocal  demands  between  the
parties,  the  time  within  which the action must be commenced shall be
computed from the time of the last transaction in the account on  either
side.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 207 - Defendant's Absence From State or Residence Under False Name.

§  207.  Defendant's absence from state or residence under false name.
  If, when a cause of action accrues against a person, he is  without  the
  state,  the  time  within  which  the  action must be commenced shall be
  computed from the time he comes into or returns to the state. If,  after
  a cause of action has accrued against a person, that person departs from
  the  state  and remains continuously absent therefrom for four months or
  more, or that person resides within the state under a false  name  which
  is  unknown  to  the person entitled to commence the action, the time of
  his absence or residence within the state under such a false name is not
  a part of the time within which the action  must  be  commenced.  If  an
  action  is  commenced  against a person described above, the time within
  which  service  must  be  made  on  such  person  in   accordance   with
  subdivisions  (a) and (b) of section three hundred six-b of this chapter
  shall be computed in accordance with this section. This section does not
  apply:
1. while there is in force a designation,  voluntary  or  involuntary,
  made  pursuant  to  law,  of a person to whom a summons may be delivered
  within the state with the same effect as if served personally within the
  state; or
2. while a foreign corporation has  one  or  more  officers  or  other
  persons  in  the state on whom a summons against such corporation may be
  served; or
3. while jurisdiction over the person of the defendant can be obtained
  without personal delivery of the summons to  the  defendant  within  the
  state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 208 - Infancy, Insanity.

§  208.  Infancy,  insanity.  (a)  If a person entitled to commence an
action is under a disability because of infancy or insanity at the  time
the  cause  of  action  accrues,  and  the  time  otherwise  limited for
commencing the action is three years or more and expires no  later  than
three  years  after  the  disability  ceases,  or  the  person under the
disability dies, the time within which  the  action  must  be  commenced
shall  be  extended  to  three  years after the disability ceases or the
person under the disability dies, whichever event first occurs;  if  the
time  otherwise  limited  is  less  than  three years, the time shall be
extended by the period of disability. The time within which  the  action
must  be  commenced  shall  not be extended by this provision beyond ten
years after the cause of action accrues, except,  in  any  action  other
than  for medical, dental or podiatric malpractice, where the person was
under a disability due to infancy. This section shall not  apply  to  an
action to recover a penalty or forfeiture, or against a sheriff or other
officer for an escape.
(b)  Notwithstanding  any  provision  of law which imposes a period of
limitation  to  the  contrary  and  the  provisions  of  any  other  law
pertaining  to  the filing of a notice of claim or a notice of intention
to file a claim as a condition precedent to commencement of an action or
special proceeding, with respect to all civil claims or causes of action
brought by any person for physical, psychological  or  other  injury  or
condition  suffered  by  such  person as a result of conduct which would
constitute a sexual offense as defined in article one hundred thirty  of
the  penal  law committed against such person who was less than eighteen
years of age, incest as defined in section 255.27, 255.26 or  255.25  of
the  penal  law committed against such person who was less than eighteen
years of age, or the use of such  person  in  a  sexual  performance  as
defined  in  section  263.05  of the penal law, or a predecessor statute
that prohibited such conduct at the time of the act, which  conduct  was
committed  against  such person who was less than eighteen years of age,
such action may be commenced, against any  party  whose  intentional  or
negligent  acts  or  omissions  are  alleged  to  have  resulted  in the
commission of said  conduct,  on  or  before  the  plaintiff  or  infant
plaintiff  reaches  the  age  of  fifty-five years. In any such claim or
action, in addition to any other defense and  affirmative  defense  that
may  be available in accordance with law, rule or the common law, to the
extent that the acts alleged in such action are of the type described in
subdivision one of section 130.30 of the penal law or subdivision one of
section 130.45 of the penal law, the  affirmative  defenses  set  forth,
respectively, in the closing paragraph of such sections of the penal law
shall apply.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 209 - War.

§  209.  War. (a) Cause of action accruing in foreign country. Where a
cause of action, whether originally accrued in favor of  a  resident  or
non-resident  of  the state, accrued in a foreign country with which the
United States or any of its allies were then or subsequently at war,  or
territory  then  or  subsequently  occupied  by  the  government of such
foreign country, the time which elapsed between the commencement of  the
war, or of such occupation, and the termination of hostilities with such
country,  or  of such occupation, is not a part of the time within which
the action must be commenced. This section shall neither apply to nor in
any manner affect an action brought  pursuant  to  section  six  hundred
twenty-five of the banking law against a banking organization or against
the superintendent of financial services.
(b)  Right  of  noncitizen.  Where  a  person is unable to commence an
action in the courts of the state because  any  party  is  a  noncitizen
subject or citizen of a foreign country at war with the United States or
any  of  its allies, whether the cause of action accrued during or prior
to the war, the time which elapsed between the commencement of  the  war
and  the  termination  of hostilities with such country is not a part of
the time within which the action must be commenced.
(c) Non-enemy in enemy country or enemy-occupied  territory.  Where  a
person  entitled  to commence an action, other than a person entitled to
the benefits of subdivision (b), is a resident of, or a sojourner in,  a
foreign country with which the United States or any of its allies are at
war,  or  territory  occupied by the government of such foreign country,
the period of such residence or sojourn during which the  war  continues
or  the  territory is so occupied is not a part of the time within which
the action must be commenced.