reglab/statecodes huggingface dataset:
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-803 - Winding Up.

§  121-803. Winding up. (a) In the event of a dissolution of a limited
partnership, except for a dissolution pursuant  to  section  121-802  of
this  article,  unless  otherwise provided in the partnership agreement,
the general  partners  who  have  not  wrongfully  dissolved  a  limited
partnership  or,  if none, the limited partners, may wind up the limited
partnership's affairs; upon  cause  shown,  the  supreme  court  in  the
judicial  district  in  which  the  office of the limited partnership is
located may wind up the limited partnership's affairs  upon  application
of any partner, his legal representative, or assignee, and in connection
therewith may appoint a receiver or liquidating trustee.
(b)  Upon dissolution of a limited partnership, the persons winding up
the limited partnership's affairs may, in the name of, and  for  and  on
behalf  of,  the limited partnership prosecute and defend suits, whether
civil,  criminal  or  administrative,  settle  and  close  the   limited
partnership's  business, dispose of and convey the limited partnership's
property,  discharge  the   limited   partnership's   liabilities,   and
distribute   to  the  partners  any  remaining  assets  of  the  limited
partnership, all without affecting the  liability  of  limited  partners
including  limited  partners  participating  in  the  winding  up of the
limited partnership's affairs.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-804 - Distribution of Assets.

§  121-804.  Distribution  of assets. Upon the winding up of a limited
partnership, the assets shall be distributed as follows:
(a) to creditors, including partners who are creditors, to the  extent
permitted  by  law,  in  satisfaction  of  liabilities  of  the  limited
partnership,  whether  by  payment  or  by  establishment  of   adequate
reserves,  other  than  liabilities  for distributions to partners under
section 121-601 or 121-604 of this article;
(b) except as provided in the partnership agreement, to  partners  and
former  partners  in satisfaction of liabilities for distributions under
section 121-601 or 121-604 of this article; and
(c) except as provided in the partnership agreement, to partners first
for the return of their contributions,  to  the  extent  not  previously
returned,  and  secondly  respecting their partnership interests, in the
proportions in which the partners share in distributions  in  accordance
with section 121-504 of this article.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-903 - Certificate of Amendment.

§   121-903.   Certificate  of  amendment.
(a)  A  foreign  limited
partnership may amend its application for authority from time to time if
the amendments  contain  only  such  provisions  as  might  be  lawfully
contained  in  an  application  for authority at the time of making such
amendment.   To  accomplish  such  amendment,  a  certificate,  entitled
"Certificate  of  amendment  of...(name  of  limited  partnership) under
section 121-903 of the Revised Limited Partnership Act," shall be signed
and delivered to the department of state. It shall set forth:
(1) the name of the foreign organization as it appears on the index of
names of existing domestic and authorized foreign  limited  partnerships
of any type or kind in the department of state, and the fictitious name,
if  any, the foreign limited partnership has agreed to use in this state
pursuant to section 121-902 of this article;
(2) the jurisdiction of its organization;
(3) the date it was authorized to do business in this state;
(4) each amendment effected thereby; and
(5) if the true name of the  foreign  limited  partnership  is  to  be
changed, a statement that the change of name has been effected under the
laws of the jurisdiction of its organization and the date the change was
so effected.
(b)  Every  foreign  limited  partnership  which has received a filing
receipt evidencing authority as provided herein,  shall,  within  ninety
days  after it has changed its name in the jurisdiction of its formation
file an amendment to its application with the department of state  under
subdivision (a) of this section.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-904 - Application for Authority; Effect.

§  121-904.  Application for authority; effect. (a) Upon filing by the
department of state of the application for authority the foreign limited
partnership shall be authorized to  do  business  in  this  state.  Such
authority  shall  continue  so  long  as  it retains its authority to do
business in the jurisdiction of its formation and its  authority  to  do
business  has  not been surrendered, suspended or annulled in accordance
with the law.
(b) A foreign limited partnership which has received a certificate  of
authority  shall  have  such powers to conduct business in this state as
are permitted by the laws of the jurisdiction in which it was  organized
but  no  greater than those of a domestic limited partnership; provided,
that this subdivision shall not affect the powers of the foreign limited
partnership outside this state.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-905 - Surrender of Certificate of Authority.

§  121-905.  Surrender  of  certificate  of  authority.  (a) A foreign
limited partnership may surrender its certificate of authority by filing
with the department of state a  certificate  entitled,  "Certificate  of
surrender of authority of.... (name of limited partnership)" signed by a
general partner, or by a trustee, receiver or other person authorized by
law  to  wind  up such partnership. The authority of the foreign limited
partnership to do business in this state shall terminate on such  filing
of  the  certificate  of  surrender  of authority. A surrender shall not
terminate the authority of the secretary of state to accept  service  of
process  on  the  foreign  limited partnership with respect to causes of
action arising out of doing business in this state.
(b) The certificate of surrender of authority shall state:
(1) the name of the foreign limited partnership as it appears  on  the
index  of  names  of  existing  domestic  and authorized foreign limited
partnerships of any type or kind in the department  of  state,  and  the
fictitious  name  the  foreign  limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
(2) the jurisdiction where it was organized;
(3) the date on which its certificate of authority to do  business  in
this state was filed with the department of state;
(4) that it surrenders its authority to do business in this state;
(5)  that  it  revokes  the authority of its registered agent, if any,
previously designated, and that it consents that process against  it  in
any  action or special proceeding based upon any liability or obligation
incurred by it within this state before the filing of the certificate of
surrender may be served on the secretary of  state  in  the  manner  set
forth in section 121-109 of this article; and
(6)  a  post  office address within or without this state to which the
secretary of state shall mail a copy of any process  against  it  served
upon him or her. The limited partnership may include an email address to
which  the  secretary  of  state  shall  email a notice of the fact that
process against it has been electronically served upon him or her.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-906 - Termination of Existence.

§   121-906.   Termination   of  existence.  When  a  foreign  limited
  partnership which has received a certificate of authority  is  dissolved
  or  its  authority  to  conduct  its  business or existence is otherwise
  terminated or cancelled in the jurisdiction of its organization or  when
  such  foreign  limited  partnership  is merged into or consolidated with
  another foreign limited partnership, (i) a certificate of the  secretary
  of  state,  or official performing the equivalent function as to limited
  partnership records, in the jurisdiction of organization of such limited
  partnership attesting to the occurrence of any such  event,  or  (ii)  a
  certified  copy  of  an  order or decree of a court of such jurisdiction
  directing the dissolution  of  such  foreign  limited  partnership,  the
  termination of its existence or the surrender of its authority, shall be
  delivered  to  the  department  of state. The filing of the certificate,
  order or  decree  shall  have  the  same  effect  as  the  filing  of  a
  certificate  of  surrender  of  authority  under section 121-905 of this
  article. The secretary of state shall continue as agent of  the  foreign
  limited  partnership  upon  whom process against it may be served in the
  manner set forth in section 121-109 of this article, in  any  action  or
  proceeding  based  upon  any  liability  or  obligation  incurred by the
  foreign limited partnership within this state prior  to  the  filing  of
  such  certificate, order or decree. The post office address and/or email
  address may be  changed  by  filing  with  the  department  of  state  a
  certificate  of  amendment  under  section  121-903  or a certificate of
  change under section 121-903-A of this article.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-907 - Doing Business Without Certificate of Authority.

§  121-907.  Doing  business  without  certificate of authority. (a) A
foreign limited partnership doing business in this state without  having
received a certificate of authority to do business in this state may not
maintain  any  action,  suit  or special proceeding in any court of this
state  unless  and  until  such  partnership  shall  have   received   a
certificate of authority in this state.
(b)  The  failure  of  a  foreign  limited  partnership  that is doing
business in this state to comply with the provision of this article does
not impair the validity of any contract or act of  the  foreign  limited
partnership  or  prevent  the foreign limited partnership from defending
any action or special proceeding in any court of this state.
(c) A limited partner of a foreign limited partnership is  not  liable
as a general partner of the foreign limited partnership solely by reason
of the limited partnership's doing or having done business in this state
without having received a certificate of authority.
(d)  A  foreign  limited  partnership  by doing business in this state
without authority appoints the secretary  of  state  as  its  agent  for
service of process with respect to causes of action arising out of doing
business  in  this state. In any such case, process against such foreign
limited partnership may be served upon the secretary  of  state  in  the
manner set forth in section 121-109 of this article.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-908 - Violations.

§ 121-908. Violations. The attorney general shall, upon his own motion
  or  upon  the  motion  of  proper parties, bring an action to restrain a
  foreign limited partnership without  a  certificate  of  authority  from
  doing  any  business in this state in violation of this article, or from
  doing any business in this state which is prohibited under the  laws  of
  this  state.  The  attorney  general  may  bring  an  action  or special
  proceeding to annul the authority of a foreign limited partnership which
  is doing any business in this state which is prohibited under  the  laws
  of  this  state.  The attorney general shall deliver a certified copy of
  the order of annulment to the  department  of  state.  Upon  the  filing
  thereof  by  the department of state the certificate of authority of the
  foreign limited partnership to  do  business  in  this  state  shall  be
  annulled,  and  the  provisions of section 121-906 of this article shall
  thereafter be applicable.   The secretary of  state  shall  continue  as
  agent  of  the  foreign limited partnership upon whom process against it
  may be served in any action, suit or special proceeding based  upon  any
  liability  or  obligation  incurred  by  the  foregoing  foreign limited
  partnership within the state prior to the filing of the  certified  copy
  of the order of annulment by the department of state.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1001 - Parties to Actions.

§ 121-1001. Parties to actions. A limited partner, unless he is also a
  general  partner,  is  not a proper party to proceedings by or against a
  partnership, except where the object is to enforce a  limited  partner's
  right  against  or  liability  to  the  partnership  and except in cases
  provided for in section 121-1002 of this article.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1002 - Limited Partners' Derivative Action.

§ 121-1002. Limited partners' derivative action. (a) A limited partner
may  bring  an action in the right of a limited partnership to recover a
judgment in its favor if all general partners with authority  to  do  so
have  refused to bring the action or if an effort to cause those general
partners to bring the action is not likely to succeed.
(b) In a derivative action, at least one plaintiff must be  a  limited
partner  at  the  time of bringing the action and (i) at the time of the
transaction of which he complains, or  (ii)  his  status  as  a  limited
partner  had devolved upon him by operation of law or in accordance with
the terms of the partnership agreement from a person who was  a  partner
at the time of the transaction of which he complains.
(c)  In  a  derivative  action,  the  complaint  shall  set forth with
particularity the efforts of the plaintiff to secure the  initiation  of
such  action  by  a  general partner, or the reasons for not making such
effort.
(d) A derivative action shall  not  be  discontinued,  compromised  or
settled  without  the  approval  of the court having jurisdiction of the
action. If the court shall determine that the interests of  the  limited
partners   will   be  substantially  affected  by  such  discontinuance,
compromise or settlement, the court, in its discretion, may direct  that
notice,  by  publication  or  otherwise,  shall  be given to the limited
partners whose interests it determines will be so affected. If notice is
so directed to be given, the court may determine which one  or  more  of
the parties to the action shall bear the expenses of giving the same, in
such  amount  as  the court shall determine and find to be reasonable in
the circumstances, and the amount of such expense shall  be  awarded  as
special  costs  of  the  action  and  recoverable  in the same manner as
statutory taxable costs.
(e) If the derivative action on behalf of the limited  partnership  is
successful,  in  whole  or  in  part,  or if anything is received by the
plaintiff or plaintiffs or a claimant or claimants  as  a  result  of  a
judgment,  compromise or settlement of an action or claim, the court may
award the plaintiff or  plaintiffs,  claimant  or  claimants  reasonable
expenses,  including reasonable attorneys' fees, and shall direct him or
them to account to the limited partnership  for  the  remainder  of  the
proceeds so received by him or them. This subdivision shall not apply to
any  judgment  rendered for the benefit of injured limited partners only
and limited to a recovery of the loss or damage sustained by them.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1003 - Security for Expenses.

§  121-1003.  Security  for  expenses. In a derivative action, brought
  pursuant to section 121-1002 of this article, unless  the  contributions
  of or allocable to the plaintiff or plaintiffs amount to five percent or
  more  of  the  contributions of all limited partners, in their status as
  limited  partners,  or  such  contributions  of  or  allocable  to  such
  plaintiff  or  plaintiffs  have a fair value in excess of fifty thousand
  dollars, the limited partnership in whose right such action  is  brought
  shall  be entitled at any stage of the proceedings before final judgment
  to require  the  plaintiff  or  plaintiffs  to  give  security  for  the
  reasonable expenses, including attorney's fees, which may be incurred by
  it  in connection with such action and by the other parties defendant in
  connection therewith for which the limited partnership may become liable
  under this article or under any contract or  otherwise  under  law.  The
  limited  partnership shall have recourse to such security in such amount
  as the court having jurisdiction of such action shall determine upon the
  termination of such action.  Notwithstanding the first sentence of  this
  section,  the amount of any security may from time to time be determined
  in the discretion of the court having jurisdiction of such action,  even
  if the five percent of contributions or fifty thousand dollar value test
  is met, upon a showing of the need therefor.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1004 - Indemnification of General Partner.

§  121-1004. Indemnification of general partner. (a) No provision made
to indemnify general partners for the defense of  a  derivative  action,
brought  pursuant to section 121-1002 of this article, whether contained
in  the  partnership  agreement  or  otherwise,   nor   any   award   of
indemnification  by  a court, shall be valid unless consistent with this
section. Nothing contained in this section shall affect  any  rights  to
indemnification  to  which limited partners, employees and agents of the
limited partnership who are not general  partners  may  be  entitled  by
contract or otherwise under law.
(b)  A limited partnership may indemnify, and may advance expenses to,
any general partner, including a general partner  made  a  party  to  an
action  in  the  right of a limited partnership to procure a judgment in
its favor by reason of the fact that he, his testator or  intestate,  is
or  was  a  general partner in the limited partnership, provided that no
indemnification may be made to or on behalf of any general partner if  a
judgment  or  other  final  adjudication  adverse to the general partner
establishes that his acts were committed in bad faith or were the result
of active and deliberate dishonesty and were material to  the  cause  of
action  so adjudicated, or that he personally gained in fact a financial
profit or other advantage to which he was not legally entitled.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1101 - Merger and Consolidation of Limited Partnerships.

§  121-1101. Merger and consolidation of limited partnerships.  One or
  more limited partnerships formed under this article  or  which  complies
  with subdivision (a) of section 121-1202 of this article may merge with,
  or  consolidate into, a limited partnership formed under this article or
  which complies with subdivision (a) of such section or under the law  of
  any  other  state.  Whenever used in this article, "merger" shall mean a
  procedure in which two or more limited partnerships merge into a  single
  limited  partnership  which  shall  be  one  of  the constituent limited
  partnerships and "consolidation" shall mean a procedure in which two  or
  more  limited partnerships consolidate into a single limited partnership
  which shall be a new limited partnership to be formed  pursuant  to  the
  consolidation.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1104 - Effect of Merger or Consolidation.

§  121-1104.  Effect  of  merger or consolidation. When such merger or
consolidation has been effected:
(a) all the property, real and personal, tangible and  intangible,  of
each  constituent  limited  partnership  shall  vest in the surviving or
resulting limited partnership;
(b) to the extent provided in the plan of merger or consolidation, the
partners of each  constituent  limited  partnership  shall  continue  or
become  partners  in the surviving or resulting limited partnership with
such interest as the agreement of merger or consolidation shall provide;
(c) the surviving or resulting limited partnership shall be liable for
all debts, obligations, liabilities and penalties  of  each  constituent
limited  partnership  as though each such debt, obligation, liability or
penalty had been originally incurred  by  such  surviving  or  resulting
limited partnership; and
(d)  no action, suit or proceeding, civil or criminal, then pending by
or against any such constituent limited partnership in its  common  name
shall   abate   or   be   discontinued  by  reason  of  such  merger  or
consolidation,  but  may  be  prosecuted  by  or  proceed  against  such
surviving or resulting limited partnership.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1105 - Payment for Interest of Dissenting Limited Partners.

§  121-1105. Payment for interest of dissenting limited partners.  (a)
Within ten days after the occurrence of an event  described  in  section
121-1102 of this article, the surviving or resulting limited partnership
shall  send to each dissenting former limited partner a written offer to
pay in cash the fair value of such former partner's interest.    Payment
in  cash  shall  be  made  to each former limited partner accepting such
offer within ten days after notice of such acceptance is received by the
surviving or resulting limited partnership.
(b) If a former limited partner and the surviving or resulting limited
partnership fail to agree on the price to be paid for the former limited
partner's partnership interest within ninety days after the surviving or
resulting limited partnership shall have made the offer provided for  in
subdivision  (a)  of  this  section,  or  if  the limited partnership or
surviving limited partnership shall fail to make such  an  offer  within
the  period  provided  for  in  subdivision  (a)  of  this  section, the
procedure provided for in paragraphs  (h)-(k)  of  section  six  hundred
twenty-three of the business corporation law shall apply, as they may be
amended from time to time.
(c)  A  payment  under  this  section  shall  constitute a return of a
partner's contribution for the  purposes  of  section  121-607  of  this
article.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1201 - Existing Limited Partnership.

§ 121-1201. Existing limited partnership. (a) All limited partnerships
formed  on or after the effective date of this article shall be governed
by this article.
(b) Except as provided  in  section  121-1202  of  this  article,  all
domestic  limited partnerships formed under the laws of this state prior
to the effective date of this article shall continue to be  governed  by
article eight of this chapter, as amended, in the same manner as if this
article had not been enacted.
(c)  All  foreign  limited  partnerships  which  have  authority to do
business in New York on such effective date  shall  be  deemed  to  have
received   authority   under  this  article  and  such  foreign  limited
partnerships shall not be required  to  take  any  action  with  respect
thereto.
2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-1300 - Fees.

§ 121-1300 Fees. Except as otherwise provided, the department of state
shall   collect  the  following  fees  and  deposit  such  fees  in  the
corporations, state records and uniform commercial code account pursuant
to this article:
(a) For the reservation of a  limited  partnership  name  pursuant  to
section 121-103 of this article, twenty dollars.
(d)  For  the resignation of a registered agent for service of process
pursuant to subdivision (c) of section 121-105 of this  article,  twenty
dollars.
(e)  For  filing  a  certificate  of  limited  partnership pursuant to
section 121-201 of this article, two hundred dollars.
(f) For  filing  a  certificate  of  publication  with  affidavits  of
publication  annexed  thereto  pursuant  to  either  section  121-201 or
121-902 of this article, fifty dollars.
(g) For filing a certificate of amendment pursuant to section  121-202
of this article, sixty dollars.
(h)  For  filing  a  certificate  of  cancellation pursuant to section
121-203 of this article, sixty dollars.
(i) For filing a restated certificate of limited partnership  pursuant
to section 121-208 of this article, sixty dollars.
(j)  For  filing a judicial dissolution pursuant to section 121-802 of
this article, sixty dollars.
(k) For filing  an  application  for  authority  pursuant  to  section
121-902 of this article, two hundred dollars.
(l)  For  filing an amendment to an application for authority pursuant
to section 121-903 of this article, sixty dollars.
(m) For filing a certificate of surrender  of  authority  pursuant  to
section 121-905 of this article, sixty dollars.
(n)  For  filing a certificate of termination of existence pursuant to
section 121-906 of this article, sixty dollars.
(o) For filing a certificate of merger or  consolidation  pursuant  to
section 121-1103 of this article, sixty dollars.
(p)  For filing a certificate of adoption pursuant to section 121-1202
of this article, two hundred dollars.
(q) For filing a certificate of resignation for  receipt  for  process
pursuant to section 121-104-A of this article, ten dollars.
(r)  For  service  of  process  on  the secretary of state pursuant to
section 121-104-A or section 121-109 of this article, forty dollars.  No
fee  shall  be collected for process served on behalf of a county, city,
town or village or other political subdivision of the state.
(s) For filing a certificate of change pursuant to subdivision (a)  of
section  121-202-A  or  subdivision  (a)  of  section  121-903-A of this
article, thirty dollars, and for filing a certificate of change pursuant
to subdivision (b) of section 121-202-A or subdivision  (b)  of  section
121-903-A of this article, five dollars.
2023 New York Laws › PTR - Partnership › Article 8-B - Registered Limited Liability Partnerships › 121-1501 - Name of Registered Limited Liability Partnership.

§  121-1501.  Name  of  registered limited liability partnership.  The
  name of each registered  limited  liability  partnership  shall  contain
  without   abbreviation   the   words   "Registered   Limited   Liability
  Partnership" or "Limited Liability  Partnership"  or  the  abbreviations
  "R.L.L.P.",   "RLLP",   "L.L.P."   or   "LLP";  provided,  however,  the
  partnership may use any such words or abbreviation, without  limitation,
  in addition to its registered name.
2023 New York Laws › PTR - Partnership › Article 8-B - Registered Limited Liability Partnerships › 121-1503 - Transaction of Business Outside the State.

§  121-1503.  Transaction of business outside the state. (a) It is the
intent of the legislature that the registration of a partnership without
limited partners as a registered  limited  liability  partnership  under
this  article  shall  be  recognized beyond the limits of this state and
that such registered  limited  liability  partnership  may  conduct  its
business  or  activities, carry on its operations, and have and exercise
the powers granted by this article in any state, territory, district  or
possession  of  the  United  States  or in any foreign country and that,
subject to any reasonable registration requirements any such  registered
limited  liability  partnership  transacting business outside this state
and the laws of this state governing such registered  limited  liability
partnership  shall  be  granted  the protection of full faith and credit
under section 1 of article IV of the Constitution of the United States.
(b) It is the policy of this state that  the  internal  affairs  of  a
partnership  without limited partners registered as a registered limited
liability partnership under this article and the liability  of  partners
in a registered limited liability partnership for debts, obligations and
liabilities  of,  or  chargeable  to,  the  registered limited liability
partnership shall be subject to and governed by the laws of this  state,
including the provisions of this article.
2023 New York Laws › PTR - Partnership › Article 8-B - Registered Limited Liability Partnerships › 121-1504 - Foreign Related Limited Liability Partnership.

§ 121-1504. Foreign related limited liability partnership. Any foreign
  related  limited  liability  partnership that has filed a certificate of
  authority under and satisfied all  the  requirements  of  section  eight
  hundred two of the limited liability company law shall be deemed to have
  filed  a  notice  pursuant to section 121-1502 of this chapter until the
  fifth anniversary of filing its  application  for  such  certificate  of
  authority,   at   which  time  the  foreign  related  limited  liability
  partnership shall file a notice pursuant to  section  121-1502  of  this
  chapter.
2023 New York Laws › PTR - Partnership › Article 8-B - Registered Limited Liability Partnerships › 121-1505-A - Electronic Service of Process.

§  121-1505-a.  Electronic  service of process. The secretary of state
  shall advise any partnership subject to the  laws  of  this  article  in
  prominent  written  form  as  follows: (a) electronic service of process
  authorized by the provisions of this chapter is an optional  program  at
  no  additional cost to the user; (b) any partnership subject to the laws
  of this chapter will continue to receive  service  of  process  by  mail
  unless  such partnership notifies the secretary of an affirmative choice
  to receive service of process by way of the program  through  electronic
  means,  in  which  case digital copies will be made accessible but paper
  documents will not be mailed; and (c) such choice may be reversed by the
  partnership at any time and, thereafter, service by mail will resume.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title A - General Purposes, Rules of Construction, and Definitions › Article 1 - General Purposes › 1.05 - General Purposes.

§ 1.05 General purposes.
The general purposes of the provisions of this chapter are:
1.  To proscribe conduct which unjustifiably and inexcusably causes or
  threatens substantial harm to individual or public interests;
2. To give fair warning of the nature of the conduct proscribed and of
  the sentences authorized upon conviction;
3. To define the act or omission and  the  accompanying  mental  state
  which constitute each offense;
4.  To  differentiate  on reasonable grounds between serious and minor
  offenses and to prescribe proportionate penalties therefor;
5. To  provide  for  an  appropriate  public  response  to  particular
  offenses, including consideration of the consequences of the offense for
  the victim, including the victim's family, and the community; and
6.  To  insure  the  public  safety  by  preventing  the commission of
  offenses through the deterrent influence of  the  sentences  authorized,
  the rehabilitation of those convicted, the promotion of their successful
  and  productive  reentry  and  reintegration  into  society,  and  their
  confinement when required in the interests of public protection.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title A - General Purposes, Rules of Construction, and Definitions › Article 5 - General Rules of Construction and Application › 5.00 - Penal Law Not Strictly Construed.

§ 5.00 Penal law not strictly construed.
The general rule that a penal statute is to be strictly construed does
  not  apply  to this chapter, but the provisions herein must be construed
  according to the fair import of  their  terms  to  promote  justice  and
  effect the objects of the law.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title A - General Purposes, Rules of Construction, and Definitions › Article 5 - General Rules of Construction and Application › 5.05 - Application of Chapter to Offenses Committed Before and After Enactment.

§  5.05  Application  of  chapter to offenses committed before and after
enactment.
1. The provisions of this chapter shall govern the construction of and
  punishment for any offense defined in this chapter and  committed  after
  the  effective  date hereof, as well as the construction and application
  of any defense to a prosecution for such an offense.
2.  Unless  otherwise  expressly  provided,  or  unless  the   context
  otherwise  requires,  the  provisions  of  this chapter shall govern the
  construction of and punishment for any offense defined outside  of  this
  chapter  and  committed after the effective date thereof, as well as the
  construction and application of any defense to a prosecution for such an
  offense.
3. The provisions of this chapter  do  not  apply  to  or  govern  the
  construction  of  and  punishment for any offense committed prior to the
  effective date of this chapter, or the construction and  application  of
  any  defense  to a prosecution for such an offense. Such an offense must
  be construed and punished according to the provisions of law existing at
  the time of the commission thereof in the same manner as if this chapter
  had not been enacted.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title A - General Purposes, Rules of Construction, and Definitions › Article 5 - General Rules of Construction and Application › 5.10 - Other Limitations on Applicability of This Chapter.

§ 5.10 Other limitations on applicability of this chapter.
1.   Except   as  otherwise  provided,  the  procedure  governing  the
  accusation, prosecution, conviction  and  punishment  of  offenders  and
  offenses  is not regulated by this chapter but by the criminal procedure
  law.
2. This chapter does not affect any power conferred by  law  upon  any
  court-martial  or  other  military authority or officer to prosecute and
  punish conduct and offenders violating military codes or laws.
3. This chapter does not bar, suspend, or otherwise affect  any  right
  or  liability to damages, penalty, forfeiture or other remedy authorized
  by law to be recovered or enforced in  a  civil  action,  regardless  of
  whether the conduct involved in such civil action constitutes an offense
  defined in this chapter.
4.  Sections  120.45,  120.50, 120.55, 120.60 and 240.25, subdivisions
  two and three of section 240.26, and sections 240.70 and 240.71 of  this
  chapter  (a) do not apply to conduct which is otherwise lawful under the
  provisions of the National Labor Relations Act as amended, the  National
  Railway Labor Act as amended, or the Federal Employment Labor Management
  Act  as  amended,  and  (b)  do  not bar any conduct, including, but not
  limited  to,  peaceful  picketing  or  other   peaceful   demonstration,
  protected from legal prohibition by the federal and state constitutions.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.00 - Culpability; Definitions of Terms.

§ 15.00 Culpability; definitions of terms.
The following definitions are applicable to this chapter:
1. "Act" means a bodily movement.
2.  "Voluntary act" means a bodily movement performed consciously as a
  result of effort  or  determination,  and  includes  the  possession  of
  property  if  the  actor was aware of his physical possession or control
  thereof for a sufficient period to have been able to terminate it.
3. "Omission" means a failure to perform an act as to which a duty  of
  performance is imposed by law.
4.  "Conduct"  means  an  act  or omission and its accompanying mental
  state.
5. "To act" means either to perform an act or to omit  to  perform  an
  act.
6.  "Culpable  mental  state"  means "intentionally" or "knowingly" or
  "recklessly" or with "criminal negligence," as these terms  are  defined
  in section 15.05.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.05 - Culpability; Definitions of Culpable Mental States.

§ 15.05 Culpability; definitions of culpable mental states.
The following definitions are applicable to this chapter:
1.  "Intentionally."  A  person  acts  intentionally with respect to a
  result or to conduct described by a statute defining an offense when his
  conscious objective is to  cause  such  result  or  to  engage  in  such
  conduct.
2.  "Knowingly." A person acts knowingly with respect to conduct or to
  a circumstance described by a statute defining an  offense  when  he  is
  aware  that  his  conduct  is  of  such nature or that such circumstance
  exists.
3. "Recklessly." A person acts recklessly with respect to a result  or
  to  a circumstance described by a statute defining an offense when he is
  aware of and consciously disregards a substantial and unjustifiable risk
  that such result will occur or that such circumstance exists.  The  risk
  must  be  of such nature and degree that disregard thereof constitutes a
  gross deviation from the standard of conduct that  a  reasonable  person
  would observe in the situation.  A person who creates such a risk but is
  unaware  thereof  solely  by  reason of voluntary intoxication also acts
  recklessly with respect thereto.
4. "Criminal negligence." A person acts with criminal negligence  with
  respect to a result or to a circumstance described by a statute defining
  an  offense  when  he  fails to perceive a substantial and unjustifiable
  risk that such result will occur or that such circumstance  exists.  The
  risk  must  be of such nature and degree that the failure to perceive it
  constitutes  a  gross  deviation  from  the  standard  of  care  that  a
  reasonable person would observe in the situation.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.10 - Requirements for Criminal Liability in General and for Offenses of Strict Liability and Mental Culpability.

§  15.10 Requirements for criminal liability in general and for offenses
of strict liability and mental culpability.
The minimal requirement for criminal liability is the performance by a
  person of conduct which includes a voluntary  act  or  the  omission  to
  perform  an  act  which  he is physically capable of performing. If such
  conduct is all that is required for commission of a particular  offense,
  or  if  an  offense  or some material element thereof does not require a
  culpable mental state on the part of the actor, such offense is  one  of
  "strict  liability." If a culpable mental state on the part of the actor
  is required with respect to every material element of an  offense,  such
  offense is one of "mental culpability."
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.15 - Construction of Statutes With Respect to Culpability Requirements.

§   15.15   Construction   of   statutes  with  respect  to  culpability
requirements.
1. When the commission of an offense defined in this chapter, or  some
  element of an offense, requires a particular culpable mental state, such
  mental  state  is  ordinarily  designated  in  the  statute defining the
  offense by use of the terms "intentionally,"  "knowingly,"  "recklessly"
  or  "criminal  negligence,"  or by use of terms, such as "with intent to
  defraud" and "knowing it to be false," describing  a  specific  kind  of
  intent  or knowledge.   When one and only one of such terms appears in a
  statute defining an offense, it is presumed to apply to every element of
  the offense unless an intent to limit its application clearly appears.
2. Although no culpable mental state  is  expressly  designated  in  a
  statute defining an offense, a culpable mental state may nevertheless be
  required  for the commission of such offense, or with respect to some or
  all  of  the  material  elements  thereof,  if  the  proscribed  conduct
  necessarily  involves  such  culpable mental state. A statute defining a
  crime, unless clearly indicating a legislative intent to  impose  strict
  liability,   should   be   construed  as  defining  a  crime  of  mental
  culpability. This subdivision applies to offenses defined  both  in  and
  outside this chapter.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.20 - Effect of Ignorance or Mistake Upon Liability.

§ 15.20 Effect of ignorance or mistake upon liability.
1.  A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief of fact, unless:
(a) Such factual mistake negatives the culpable mental state  required
for the commission of an offense; or
(b)  The  statute  defining  the  offense or a statute related thereto
expressly provides that such factual mistake constitutes  a  defense  or
exemption; or
(c)  Such  factual  mistake  is  of  a kind that supports a defense of
justification as defined in article thirty-five of this chapter.
2. A person is not relieved of criminal liability for conduct  because
he  engages in such conduct under a mistaken belief that it does not, as
a matter of law, constitute an offense, unless such mistaken  belief  is
founded upon an official statement of the law contained in (a) a statute
or  other  enactment,  or  (b)  an  administrative  order  or  grant  of
permission, or (c) a judicial decision of a state or federal  court,  or
(d)  an  interpretation  of  the statute or law relating to the offense,
officially made or issued by a public servant, agency  or  body  legally
charged   or   empowered   with   the  responsibility  or  privilege  of
administering, enforcing or interpreting such statute or law.
3. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which the  age  of  a  child  is  an
element  thereof, knowledge by the defendant of the age of such child is
not an element of any such offense and it is not,  unless  expressly  so
provided, a defense to a prosecution therefor that the defendant did not
know  the  age  of  the  child or believed such age to be the same as or
greater than that specified in the statute.
4. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which  the  aggregate  weight  of  a
controlled  substance  or  marihuana  is  an  element,  knowledge by the
defendant of the  aggregate  weight  of  such  controlled  substance  or
marihuana  is  not  an element of any such offense and it is not, unless
expressly so provided, a defense to  a  prosecution  therefor  that  the
defendant  did not know the aggregate weight of the controlled substance
or marihuana.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 15 - Culpability › 15.25 - Effect of Intoxication Upon Liability.

§ 15.25 Effect of intoxication upon liability.
Intoxication  is  not, as such, a defense to a criminal charge; but in
  any  prosecution  for  an  offense,  evidence  of  intoxication  of  the
  defendant  may  be  offered  by the defendant whenever it is relevant to
  negative an element of the crime charged.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.00 - Criminal Liability for Conduct of Another.

§ 20.00 Criminal liability for conduct of another.
When  one  person  engages  in  conduct  which constitutes an offense,
  another person is criminally liable for such conduct when,  acting  with
  the mental culpability required for the commission thereof, he solicits,
  requests,  commands,  importunes,  or  intentionally aids such person to
  engage in such conduct.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.05 - Criminal Liability for Conduct of Another; No Defense.

§ 20.05 Criminal liability for conduct of another; no defense.
In  any  prosecution for an offense in which the criminal liability of
  the defendant is based upon the conduct of another  person  pursuant  to
  section 20.00, it is no defense that:
1. Such other person is not guilty of the offense in question owing to
  criminal  irresponsibility or other legal incapacity or exemption, or to
  unawareness of the criminal nature of the conduct in question or of  the
  defendant's  criminal  purpose or to other factors precluding the mental
  state required for the commission of the offense in question; or
2. Such other person has not been prosecuted for or convicted  of  any
  offense  based  upon  the  conduct  in  question, or has previously been
  acquitted thereof, or has legal immunity from prosecution therefor; or
3. The offense in question, as defined, can be  committed  only  by  a
  particular class or classes of persons, and the defendant, not belonging
  to  such  class  or  classes,  is  for  that reason legally incapable of
  committing the offense in an individual capacity.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.10 - Criminal Liability for Conduct of Another; Exemption.

§ 20.10 Criminal liability for conduct of another; exemption.
Notwithstanding  the  provisions of sections 20.00 and 20.05, a person
  is not criminally liable for conduct of another person  constituting  an
  offense when his own conduct, though causing or aiding the commission of
  such  offense,  is  of a kind that is necessarily incidental thereto. If
  such conduct constitutes a related but separate offense upon the part of
  the actor, he is liable for that offense only and not for the conduct or
  offense committed by the other person.
2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title B - Principles of Criminal Liability › Article 20 - Parties to Offenses and Liability Through Accessorial Conduct › 20.15 - Convictions for Different Degrees of Offense.

§ 20.15 Convictions for different degrees of offense.
Except as otherwise expressly provided in this chapter, when, pursuant
  to  section  20.00,  two  or  more  persons are criminally liable for an
  offense which is divided into degrees, each person  is  guilty  of  such
  degree  as is compatible with his own culpable mental state and with his
  own accountability for an aggravating fact or circumstance.