NY-GCN General Construction Law NY

Short title. This chapter shall be known as the "General

Construction Law."

Acknowledge and acknowledgment. The terms acknowledge and

acknowledgment, when used with reference to the execution of an

instrument or writing other than a deed of real property, include a

compliance with the provisions of the next section by either such proof

or acknowledgment.

Acknowledgment or proof of instrument. When the execution of any

instrument or writing is authorized or required by law to be

acknowledged, or to be proven so as to entitle it to be filed or

recorded in a public office, the acknowledgment may be taken or the

proof made before any officer then and there authorized to take the

acknowledgment or proof of the execution of a deed of real property to

entitle it to be recorded in a county clerk's office, and shall be made

and certified in the same manner as such acknowledgment or proof of such

deed.

Acquisition. The term "acquisition" means the act of acquiring

any title to, right or interest in, real property through the exercise

of the power of eminent domain pursuant to the provisions of the eminent

domain procedure law.

Appropriation. The term "appropriation" when used in reference

to the acquiring of any title to, right or interest in real property

through the exercise of the power of eminent domain, shall be deemed to

mean acquisition.

Affidavit. When an affidavit is authorized or required it may be

sworn to before any officer authorized by law to take the acknowledgment

of deeds in this state, unless a particular officer is specified before

whom it is to be taken.

Adjournment of meeting. Any meeting referred to in section

forty-one of this chapter may be adjourned by a less number than a

quorum.

Armed forces of the United States. "Armed forces of the United

States" means the army, navy, marine corps, air force, space force and

coast guard including all components thereof, and the national guard

when in the service of the United States pursuant to call as provided by

law. Pursuant to this definition no person shall be considered a member

or veteran of the armed forces of the United States unless such member

or veteran's service therein is or was on a full-time active duty basis,

other than active duty for training or such member or veteran was

employed by the War Shipping Administration or Office of Defense

Transportation or their agents as a merchant seaman documented by the

United States Coast Guard or Department of Commerce, or as a civil

servant employed by the United States Army Transport Service (later

redesignated as the United States Army Transportation Corps, Water

Division) or the Naval Transportation Service; and who served

satisfactorily as a crew member during the period of armed conflict,

December seventh, nineteen hundred forty-one, to August fifteenth,

nineteen hundred forty-five, aboard merchant vessels in oceangoing,

i.e., foreign, intercoastal, or coastwise service as such terms are

defined under federal law (46 USCA 10301 & 10501) and further to include

"near foreign" voyages between the United States and Canada, Mexico, or

the West Indies via ocean routes, or public vessels in oceangoing

service or foreign waters and who has received a Certificate of Release

or Discharge from Active Duty and a discharge certificate, or an

Honorable Service Certificate/Report of Casualty, from the Department of

Defense or the member or veteran served as a United States civilian

employed by the American Field Service and served overseas under United

States Armies and United States Army Groups in world war II during the

period of armed conflict, December seventh, nineteen hundred forty-one

through May eighth, nineteen hundred forty-five, and (i) was discharged

or released therefrom under honorable conditions, or (ii) has a

qualifying condition, as defined in section one of the veterans'

services law, and has received a discharge other than bad conduct or

dishonorable from such service, or (iii) is a discharged LGBT veteran,

as defined in section one of the veterans' services law, and has

received a discharge other than bad conduct or dishonorable from such

service, or the member or veteran served as a United States civilian

Flight Crew and Aviation Ground Support Employee of Pan American World

Airways or one of its subsidiaries or its affiliates and served overseas

as a result of Pan American's contract with Air Transport Command or

Naval Air Transport Service during the period of armed conflict,

December fourteenth, nineteen hundred forty-one through August

fourteenth, nineteen hundred forty-five, and (iv) was discharged or

released therefrom under honorable conditions, or (v) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (vi) is a discharged LGBT veteran, as defined in

section one of the veterans' services law, and has received a discharge

other than bad conduct or dishonorable from such service.

Board of supervisors. The term "board of supervisors" means the

elective governing body of a county, by whatever name designated.

Bond and undertaking. A provision of law authorizing or requiring

a bond to be given shall be deemed to have been complied with by the

execution of an undertaking to the same effect.

Chattels. The term chattels includes goods and chattels; and,

where the term appears in any statute or rule pertaining to an action to

recover the same, it also includes all specific personal property, such

as, but not limited to, certificates of stock, bonds, notes, or other

securities or obligations.

Choose. The term choose includes elect and appoint.

Civil action. The term "civil action" means any action except

when prosecuted in the name of the people of the state of New York, as

plaintiffs against a party charged with crime.

Condemnation. The term "condemnation" when used in reference to

the acquiring of any title to, right or interest in, real property

through the exercise of the power of eminent domain, shall be deemed to

mean acquisition.

Criminal code. The term criminal code means the code of criminal

procedure.

Consolidated laws. The term Consolidated Laws shall mean the

compilation of the statutes prepared by the board of statutory

consolidation and the amendments thereof.

Criminal action. A "criminal action" is prosecuted in the name

of the people of the state of New York, as plaintiffs, against a party

charged with crime.

Day, calendar. A calendar day includes the time from midnight to

midnight. Sunday or any day of the week specifically mentioned means a

calendar day.

Day, computation. A number of days specified as a period from a

certain day within which or after or before which an act is authorized

or required to be done means such number of calendar days exclusive of

the calendar day from which the reckoning is made. If such period is a

period of two days, Saturday, Sunday or a public holiday must be

excluded from the reckoning if it is an intervening day between the day

from which the reckoning is made and the last day of the period. In

computing any specified period of time from a specified event, the day

upon which the event happens is deemed the day from which the reckoning

is made. The day from which any specified period of time is reckoned

shall be excluded in making the reckoning.

Distinct parcel. "Distinct parcel" of real property is a part

of the property which is or may be set off by boundary lines as

distinguished from an undivided share or interest therein.

Gender. Whenever words of the masculine or feminine gender

appear in any law, rule, regulation, or resolution unless the sense of

the sentence indicates otherwise, they shall be deemed to refer to

persons of any gender. This construction shall apply to gender

indicative suffixes or prefixes as well as to gender indicative words.

Whenever the reference is to a corporation, board, body, group,

organization or other entity comprising more than one person or to an

assemblage of persons or to an inanimate object the reference shall be

construed to be neutral in gender. Hereafter, in any law, rule,

regulation, or resolution, gendered terms shall not be used and

gender-neutral terms, including but not limited to "they", "them" and

"theirs", shall be used in substitution therefor and with the same force

and effect; provided, however, if any such law, rule, regulation, or

resolution is in reference to a specific person, the language referring

to such person shall be gendered in accordance with the gender identity

of such person.

Heretofore and hereafter. Each of the terms, heretofore, and

hereafter, in any provision of a statute, relates to the time such

provision takes effect.

Public holidays; half-holidays. The term public holiday includes

the following days in each year: the first day of January, known as New

Year's day; the third Monday of January, known as Dr. Martin Luther

King, Jr. day; the twelfth day of February, known as Lincoln's birthday;

the third Monday in February, known as Washington's birthday; the last

Monday in May, known as Memorial day; the second Sunday in June, known

as Flag day; the nineteenth day of June, known as Juneteenth; the fourth

day of July, known as Independence day; the first Monday in September,

known as Labor day; the second Monday in October, known as Columbus day;

the eleventh day of November, known as Veterans' day; the fourth

Thursday in November, known as Thanksgiving day; and the twenty-fifth

day of December, known as Christmas day, and if any of such days except

Flag day is Sunday, the next day thereafter; each general election day,

and each day appointed by the president of the United States or by the

governor of this state as a day of general thanksgiving, general fasting

and prayer, or other general religious observances. The term

half-holiday includes the period from noon to midnight of each Saturday

which is not a public holiday.

Closing of banking organizations on Saturday; Sunday, public

holiday or Saturday afternoon banking transactions; emergency bank

holidays. 1. Any banking organization lawfully doing business within the

state of New York may be closed on any one or more Saturdays upon the

adoption of a resolution to such effect by a majority vote of the board

of directors or the board of trustees thereof or of the partners in the

case of a private banker. Any one or more of such Saturdays shall, with

respect to any such banking organization which shall be closed thereon

in accordance with the provisions of this subdivision, constitute a

public holiday within the meaning of such term as used in and for all

purposes of section twenty-five and twenty-five-a of this chapter (but

not, in the case of negotiable instruments, for the purposes of

subdivision two of section twenty-five thereof), and shall neither be a

"full business day" nor a banking day within the meaning of such terms

as used in and for all purposes of the uniform commercial code. The term

"banking organization", as used in this section (except where otherwise

defined therein), shall mean any banking organization as defined in the

banking law, any branch or agency of a foreign banking corporation, any

national bank, federal reserve bank, federal savings and loan

association, federal savings bank, federal home loan bank or federal

credit union, and any person or association of persons lawfully carrying

on the business of banking in this state whether incorporated or not. As

used in this section (except where otherwise defined therein), the term

"officers" shall mean the person or persons designated by the board of

directors or trustees of a banking organization, or the partners in the

case of a private banker, to act for the banking organization in

carrying out the provisions of this section; the term "office" shall

mean any place at which a banking organization transacts business other

than its principal office; and the term "person" shall include natural

persons, corporations, partnerships and associations.

2. Nothing in any law of this state shall in any manner whatsoever

affect the validity of, or render void or voidable, the payment

certification or acceptance of a check or other negotiable instrument

under the uniform commercial code or any other transaction by a banking

organization in this state, because done or performed on any Sunday or

public holiday, or on any Saturday between twelve o'clock noon and

midnight, provided such payment, certification, acceptance, or other

transaction would be valid if done or performed on any business day or

before twelve o'clock noon on such Saturday; provided, further, that

nothing in this subdivision shall be construed to compel any banking

organization in this state, which by law or custom is entitled to close

at twelve o'clock noon on any Saturday, to keep open for the transaction

of business or to perform any of the acts or transactions aforesaid, on

any Saturday after such hour except at its own option or to compel any

banking organizations in this state to keep open on a public holiday

except at its own option and then only to the extent it elects to do so.

3. a. The governor is authorized, by proclamation, to designate and

appoint one or more holidays, or holiday periods, to be known as bank

holidays, to be observed throughout the state, or to be observed in a

portion or portions thereof, as specified in such proclamation, if an

emergency as hereinafter defined, shall, in his opinion, require such

action.

b. Whenever the officers of a banking organization are of the opinion

that an emergency, as hereinafter defined, exists which affects one or

more or all the banking organization's offices, they shall have

authority to close one or more or all such offices even though the

governor has not issued and does not issue a proclamation of emergency,

provided however, that provision is made by such officers for the

transaction of the business normally transacted at a closed office at

another office or the principal office of the banking organization,

until further notice. The office or offices so closed shall remain

closed until the officers or, in the case of a banking organization as

defined in the banking law, the superintendent of financial services,

direct that it be opened. A banking organization closing an office or

offices pursuant to this paragraph shall give prompt notice to the

superintendent of financial services of its action.

c. Whenever the officers of a banking organization are of the opinion

that an emergency, as hereinafter defined, exists which affects the

banking organization's principal office, they shall have authority to

close such principal office even though the governor has not issued and

does not issue a proclamation of emergency, provided however, that

provision is made by such officers for the transaction of the business

normally transacted at such principal office, at another office of the

banking organization, until further notice; provided further however,

that if no other office of the banking organization can be so designated

for the transaction of the business normally transacted at the principal

office, the officers may direct that the principal office shall be

closed only with the prior approval of the superintendent of financial

services. The superintendent of financial services, in giving such

approval, may require certification of such official of the federal

government or of the state of New York or a political subdivision

thereof as he deems sufficient to establish that an emergency exists

which affects such banking organization's principal office. A banking

organization closing such principal office pursuant to this paragraph

shall give prompt notice to the superintendent of financial services of

its action.

d. Whenever the officers of a banking organization are of the opinion

that an emergency, as hereinafter defined, exists which adversely

affects the conduct of any business operation or function conducted at

the bank's principal office, they shall have the authority, upon the

prior approval of the superintendent of financial services, not to

conduct such operation or function even though the governor has not

issued and does not issue a proclamation of emergency; provided,

however, that such officers may exercise this authority without such

prior approval if they have in good faith attempted, but been unable, to

contact the superintendent of financial services to request permission

not to conduct such business operation or function; and provided further

the principal office shall not be closed in its entirety pursuant to

this paragraph. No business operation or function shall be closed

pursuant to this paragraph d unless such officers have attempted, but in

good faith found it infeasible to conduct such business operation or

function at another office. A banking organization closing any business

operation or function pursuant to this paragraph shall promptly notify

the superintendent of financial services of its action in a manner

prescribed by the superintendent.

e. The discretion of the officers of any banking organization in

acting pursuant to this subdivision, when exercised in good faith, shall

not be questioned in any court or place.

f. No banking organization and no director, officer or employee of a

banking organization shall be liable to any person for any direct or

indirect loss suffered by such person by reason of the banking

organization's failure or inability to make access to the banking

organization's premises and facilities available to such person or by

reason of the banking organization's failure to perform, or its delay in

performing, any contractual, statutory or other duty assumed by or

imposed upon the banking organization in any capacity when such failure,

inability or delay is caused by the banking organization, or any office

or the principal office thereof, being closed as authorized by this

section.

g. An emergency, within the meaning of this section, shall mean any

condition which may interfere with the conduct of normal banking

operations, in the holiday area, or at one or more or all offices or the

principal office of a banking organization or organizations, or which

poses an imminent or existing threat to the safety and security of

persons or property, or both, including floods, wind, rain, hail or snow

storms, power failures, transportation failures, earthquake, fire,

riots, strikes, civil commotion, labor disputes, enemy action or threat

of enemy action, and any similar or different condition which may

interfere physically with the conduct of normal banking operations in

the holiday area.

h. During such holiday, holidays and holiday periods, provided for in

paragraphs a through c of this subdivision, all banking organizations

may close any or all of their places of business in the holiday area.

The superintendent of financial services may, however, by special or

general regulation, restriction, or order, provide that banking

organizations (as such term is defined in the banking law) and branches

and agencies of foreign banking corporations in this state shall, to the

extent and at such of their places of business as may be directed by

him, carry on such of their normal and usual operations or banking

transactions in the holiday area during such holiday, holidays or

holiday period, as may appear to him to be in the best interests of the

public. Such holiday, holidays or holiday periods shall, with respect to

such place or places of business in the holiday area of any banking

organization which shall be closed thereon in accordance with the

provisions of this subdivision, constitute a public holiday within the

meaning of such term as used in and for all purposes of subdivision one

of section twenty-five and of subdivision one of section twenty-five-a

of this chapter (but not for the purposes of subdivision two of section

twenty-five or of subdivision two of section twenty-five-a thereof), and

shall neither be "full business days" nor banking days within the

meaning of such terms as used in and for all purposes of the uniform

commercial code, to the extent that the performance of obligations under

said code are not directed to be performed by the special or general

regulations, restrictions or orders of the superintendent of financial

services, and shall not be deemed to be public holidays for any other

purpose, or under any other provision of law. If any banking operation

or function is closed pursuant to paragraph d of this subdivision, a

bank holiday shall be deemed to exist, with the same effects and

limitations as set forth in the preceding sentence, with respect to such

banking operation or function.

i. A bank office or principal office that has been closed as

authorized by this section may nonetheless conduct limited operations

and perform banking transactions (i) for the convenience of its

customers or (ii) relating to transactions between that bank and other

banks or persons which have remained open for business or are outside

the holiday area.

j. For purposes of this section, each reference to the superintendent

of financial services shall be deemed to include any official of the

department of financial services to whom authority granted by this

section has been delegated.

Public holiday, Saturday or Sunday in contractual obligations;

extension of time where performance of act authorized or required by

contract is due on Saturday, Sunday or public holiday. 1. Where a

contract by its terms authorizes or requires the payment of money or the

performance of a condition on a Saturday, Sunday or a public holiday, or

authorizes or requires the payment of money or the performance of a

condition within or before or after a period of time computed from a

certain day, and such period of time ends on a Saturday, Sunday or a

public holiday, unless the contract expressly or impliedly indicates a

different intent, such payment may be made or condition performed on the

next succeeding business day, and if the period ends at a specified

hour, such payment may be made or condition performed, at or before the

same hour of such next succeeding business day, with the same force and

effect as if made or performed in accordance with the terms of the

contract.

2. Where time is extended by virtue of the provisions of this section,

such extended time shall not be included in the computation of interest

unless the contract so provides, except that when the period is

specified as a number of months, such extended time shall be included in

the computation of interest unless the contract otherwise provides.

3. Notwithstanding any other provision of law, all time deposits and

certificates of deposit of banking organizations that mature on a

Saturday, Sunday or bank holiday shall continue to accrue interest at

the same rate fixed for the term of the deposit or certificate until the

first banking day next succeeding the date of maturity, at which the

principal and all accrued interest may be withdrawn, unless sooner

withdrawn by the depositor.

Public holiday, Saturday or Sunday in statutes; extension of

time where performance of act is due on Saturday, Sunday or public

holiday. 1. When any period of time, computed from a certain day, within

which or after which or before which an act is authorized or required to

be done, ends on a Saturday, Sunday or a public holiday, such act may be

done on the next succeeding business day and if the period ends at a

specified hour, such act may be done at or before the same hour of such

next succeeding business day, except that where a period of time

specified by contract ends on a Saturday, Sunday or a public holiday,

the extension of such period is governed by section twenty-five of this

chapter.

2. Where time is extended by virtue of the provisions of this section,

such extended time shall not be included in the computation of interest,

except that when the period is specified as a number of months, such

extended time shall be included in the computation of interest.

Injury to property. "Injury to property" is an actionable act,

whereby the estate of another is lessened, other than a personal injury,

or the breach of a contract.

Investment in bond and mortgage or note and mortgage. The

term bond and mortgage or the term note and mortgage as heretofore or

hereafter used in any statute which prescribes or authorizes investment

therein, with or without a specified ratio of real property security,

shall be deemed to include a share or part of a bond and mortgage or of

a note and mortgage, as the case may be, prior in lien to all other

shares and parts thereof and, for all purposes in connection with such

an investment in a share or part, any specified ratio of real property

security shall be determined on the basis of the investment in such

share or part.

Judge. The term "judge" includes every judicial officer

authorized, alone or with others, to hold or preside over a court of

record. It also includes a justice, surrogate, recorder, Town Justice,

Village Justice, City Justice or other judicial officer authorized or

required to act or prohibited from acting in or with respect to the

matter or thing referred to in the provision wherein that word is used.

Judgment creditor. "Judgment creditor" signifies the person

who is entitled to collect or otherwise enforce, in his own right, a

judgment for a sum of money, or directing the payment of a sum of money.

Just compensation as including loss of mortgage financing.

Notwithstanding any inconsistent provisions of law, whenever property is

taken pursuant to the power of eminent domain (whether denominated

condemnation, appropriation or otherwise) just compensation required by

the state constitution shall include an amount sufficient to compensate

for the loss of existing mortgage financing if such property was used

prior to taking primarily as a residence however, such amount shall not

exceed fifteen thousand dollars. In computing the amount of such loss,

the following shall be considered: (a) the difference in the interest

rate payable on the existing mortgage from that prevailing at the date

of taking in the area where the property is located for new mortgage

loans on similar types of property to similar borrowers; (b) the length

of time from the date of taking to the maturity of the existing

mortgage, and (c) the prevailing costs to similar mortgage borrowers on

similar types of property at the date of taking in the area where the

property is located of obtaining and closing a new mortgage loan in an

amount equal to the unpaid principal balance of the existing mortgage.

Last, preceding, next and following. A reference to the last or

preceding section, or other provision of a statute, means the section or

other division immediately preceding, and a reference to the next or

following section or other division of a statute means the section or

other division immediately following.

Mental disability, mental illness, developmental disability,

addictive disorder and addiction disorder. The terms mental disability,

mental illness, developmental disability, addictive disorder and

addiction disorder shall have the same meaning as they are defined

pursuant to section 1.03 of the mental hygiene law.

Mandate. "Mandate" includes a writ, process or other written

direction, issued pursuant to law, out of a court, or made pursuant to

law, by a court, a judge or person acting as a judicial officer, and

commanding a court, board or other body, or an officer or other person,

named or otherwise designated therein, to do or to refrain from doing an

act therein specified.

Magistrate. A magistrate is a judge of any court of this

state.

Down's syndrome. 1. On and after the effective date of this

section, the term "mongolism" or "mongoloid" used as a synonym for the

genetic disorder known as Down's syndrome shall not be utilized in any

statute, local law, ordinance, charter, or rule or regulation

promulgated or any publication published by the state or any political

subdivision thereof, and the term, Down's syndrome, shall be used in

place of "mongolism" or "mongoloid" when referring to such genetic

disorder.

2. Wherever the term "mongolism" or "mongoloid" appears in any such

statute, local law, ordinance, charter or rule or regulation or

publication enacted, promulgated or published prior to the effective

date of this section such term shall be deemed to refer to the genetic

disorder known as Down's syndrome.

3. Whenever the term "mongolism" or "mongoloid" appears in any

publication of the state or any political subdivision thereof published

prior to the effective date of this section which is to be republished

on or after January first, nineteen hundred eighty-one such

republication shall be made only after such terms are deleted.

Men. The term men includes boys.

Month, computation. A number of months after or before a certain

day shall be computed by counting such number of calendar months from

such day, exclusive of the calendar month in which such day occurs, and

shall include the day of the month in the last month so counted having

the same numerical order in days of the month as the day from which the

computation is made, unless there be not so many days in the last month

so counted, in which case the period computed shall expire with the last

day of the month so counted.

Month in statute, contract and public or private instrument. In

a statute, contract or public or private instrument, unless otherwise

provided in such contract or instrument or by law, the term month means

a calendar month and not a lunar month.

Municipal officers. A reference to several officers of a

municipal corporation holding the same office, or to a board of such

officers, shall be deemed to refer to the single officer holding such

office, when but one person is chosen to fill such office in pursuance

of law.

Notice. When a notice is required to be given to a board or

body, service of such notice upon the clerk or chairman thereof shall be

sufficient.

Notify. "Notify" is used with respect to procuring the

attendance of a juror, is equivalent to the word "summon" as used in the

like connection, in the constitution and laws of the state.

Now. The term now in any provision of a statute referring to

other laws in force, or to persons in office, or to any facts or

circumstances as existing, relates to the laws in force, or to the

person in office, or to the facts or circumstances existing,

respectively, immediately before the taking effect of such provision.

Number, singular and plural. Words in the singular number

include the plural, and in the plural number include the singular.

Oath, affidavit and swear. The terms oath and affidavit include

every mode authorized by law of attesting the truth of that which is

stated. The term swear includes every mode authorized by law for

administering an oath.

Person. The term person includes a corporation and a joint-stock

association. When used to designate a party whose property may be the

subject of any offense, the term person also includes the state, or any

other state, government or country which may lawfully own property in

the state.

Personal injury. "Personal injury" includes libel, slander and

malicious prosecution; also an assault, battery, false imprisonment, or

other actionable injury to the person either of the plaintiff, or of

another.

Population. 1. The term population when used in relation to

this state, or a municipality or other subdivision thereof, or a portion

of such a municipality or subdivision, shall, unless otherwise provided

in relation to such use, mean population as shown by the latest federal

census published as a final population count by the United States bureau

of the census.

2. Unless otherwise specifically provided, the term population when

used in relation to payments of aid or assistance by the state to a

municipality or other subdivision thereof shall mean population as shown

by the latest federal census of such municipality or subdivision

published as a final population count by the United States bureau of the

census prior to the commencement of the state fiscal year during which

such aid or assistance is payable.

Property. The term property includes real and personal property.

Property, personal. The term personal property includes

chattels, money, things in action, and all written instruments

themselves, as distinguished from the rights or interests to which they

relate, by which any right, interest, lien or incumbrance in, to or upon

property, or any debt or financial obligation is created, acknowledged,

evidenced, transferred, discharged or defeated, wholly or in part, and

everything, except real property, which may be the subject of ownership.

Oil wells and all fixtures connected therewith, situate on lands

leased for oil purposes and oil interests, and rights held under and by

virtue of any lease or contract or other right or license to operate for

or produce petroleum oil, shall be deemed personal property for all

purposes except taxation.

Property, real. The term real property includes real estate,

lands, tenements and hereditaments, corporeal and incorporeal.

Quorum and majority. Whenever three or more public officers are

given any power or authority, or three or more persons are charged with

any public duty to be performed or exercised by them jointly or as a

board or similar body, a majority of the whole number of such persons or

officers, gathered together in the presence of each other or through the

use of videoconferencing, at a meeting duly held at a time fixed by law,

or by any by-law duly adopted by such board or body, or at any duly

adjourned meeting of such meeting, or at any meeting duly held upon

reasonable notice to all of them, shall constitute a quorum and not less

than a majority of the whole number may perform and exercise such power,

authority or duty. For the purpose of this provision the words "whole

number" shall be construed to mean the total number which the board,

commission, body or other group of persons or officers would have were

there no vacancies and were none of the persons or officers disqualified

from acting.

Recital in record of meeting as evidence. A recital in any

order, resolution or other record of any proceeding of a meeting

referred to in section forty-one of this chapter that such meeting had

been held or adjourned as provided in said section, or that it had been

held upon notice to the members, as therein provided, is prima facie

evidence thereof.

Register of county. Any act done in pursuance of law by the

register of a county shall be deemed to be a compliance with any

provision of law authorizing or requiring such act to be done by the

county clerk of such county, and any instrument or writing filed,

entered or recorded in pursuance of law in the office of a register of a

county, shall be deemed to be a compliance with any provision of law

authorizing or requiring such paper to be filed, entered or recorded, as

the case may be, in the office of the clerk of such county. The term

county clerk when used in relation to conveyances of real property or

the filing or recording of instruments which are or may be filed in the

office of the register of a county, shall include the register of each

county in which there is a register.

Seal of court, public officer or corporation. A seal of a court,

public officer or corporation may be impressed directly upon the

instrument or writing to be sealed, or upon wafer, wax or other adhesive

substance affixed thereto, or upon paper, or other similar substance

affixed thereto by mucilage or other adhesive substance, or may appear

as a facsimile, or be engraved or printed or reproduced in any other

manner. A seal of a corporation upon a corporate bond or other

corporate obligation for the payment of money may be a facsimile,

engraved or printed.

Seal, private. The private seal of a person, other than a

corporation, to any instrument or writing shall consist of a wafer, wax

or other similar adhesive substance affixed thereto, or of paper or

other similar substance affixed thereto, by mucilage or other adhesive

substance, or of the word "seal," or the letters "L.S.," opposite the

signature.

Seal on written instrument. Except as otherwise expressly

provided by statute, the presence or absence of a seal upon a written

instrument executed after August thirty-first, nineteen hundred

forty-one shall be without legal effect.

Seal, private as corporate seal. An instrument or writing duly

executed, in the corporate name of a corporation, which shall not have

adopted a corporate seal, by the proper officers of the corporation

under their private seals, shall be deemed to have been executed under

the corporate seal.

Signature. The term signature includes any memorandum, mark or

sign, written, printed, stamped, photographed, engraved or otherwise

placed upon any instrument or writing with intent to execute or

authenticate such instrument or writing.

State. The term state, when used generally to include every

state of the United States, includes also every territory of the United

States and the District of Columbia.

Superintendent of schools. The term "superintendent of

schools" shall mean the chief school officer of a school district other

than the city school district of the city of New York or a community

school district therein. Except for purposes of section one thousand

seven hundred eleven of the education law, any reference in any law,

ordinance, resolution, rule or regulation, proceeding, process, notice,

order, decree, judgement, record or other public document or paper to

the terms "district principal", "supervising principal" or "principal of

the district" shall be deemed to mean "superintendent of schools".

Tense, present. Words in the present tense include the future.

Territory. The term territory when used generally to include

every territory of the United States, includes also the District of

Columbia.

Time, computation. Time shall continue to be computed in this

state according to the Gregorian or new style. The first day of each

year after the year seventeen hundred and fifty-two is the first day of

January, according to such style.

Time, night. Night time includes the time from sunset to

sunrise.

Time, standard. 1. The standard time throughout this state is

that of the seventy-fifth meridian of longitude west from Greenwich,

except as hereinafter provided, and all courts and public officers, and

legal and official proceedings, shall be regulated thereby.

2. At two o'clock ante meridian on the last Sunday in April of each

year the standard time throughout this state shall be advanced one hour

from that of the seventy-fifth meridian of longitude west from

Greenwich, and the time so advanced shall continue to be standard time

throughout this state until the last Sunday in October of the same year,

when such standard time, as so advanced, shall be retarded to that of

the seventy-fifth meridian west from Greenwich; and during such period

in each year all courts and public officers, and legal and official

proceedings, shall be regulated in accordance therewith.

Time, use of standard. Any act required by or in pursuance of

law to be performed at or within a prescribed time, shall be performed

according to the standard time.

Trial juror; trial jury. The terms "trial juror" and "trial

jury", are respectively equivalent to the terms "petit juror", and

"petit jury", as used in the constitution and laws of the state.

Village. The term village means an incorporated village.

Women. The term women includes girls.

Writing and written. The terms writing and written include every

legible representation of letters upon a material substance, except when

applied to the signature of an instrument.

Year, common and leap. For the purpose of computing and

reckoning the days of the year in the same regular course in the future,

every year, the number of which in the Christian era is a multiple of

four, is a bissextile or leap year consisting of three hundred and

sixty-six days, unless such number of the year is a multiple of one

hundred and the first two figures thereof treated as a separate number

is not a multiple of four, and every year which is not a leap year is a

common year consisting of three hundred and sixty-five days.

Year in statute, contract and public or private instrument. The

term year in a statute, contract, or any public or private instrument,

means three hundred and sixty-five days, but the added day of a leap

year and the day immediately preceding shall for the purpose of such

computation be counted as one day. In a statute, contract or public or

private instrument, the term year means twelve months, the term half

year, six months, and the term a quarter of a year, three months.

Bastard; illegitimate child. The term "bastard" or "illegitimate

child" in a statute means a child born out of wedlock. Hereafter in any

local law, ordinance or resolution or in any public or judicial

proceeding or in any process, notice, order, decree, judgment, record or

other public document or paper, the term "bastard" or "illegitimate

child" shall not be used, but the term "child born out of wedlock" shall

be used in substitution therefor and with the same force and effect.

Newspapers. a. In any case in which notice of any fact is

required by law to be published or advertised in a newspaper, the term

"newspaper" shall mean a paper of general circulation which is printed

and distributed ordinarily not less frequently than once a week, and has

been so for at least one year immediately preceding such publication or

advertisement, and which contains news, articles of opinion (as

editorials), features, advertising, or other matter regarded as of

current interest, has a paid circulation and (except for such a paper

which has been printed and distributed not less frequently than once a

week for a period of ten years prior to January one, nineteen hundred

seventy-five) has been entered at United States post-office as

second-class matter. A publication which is distributed or made

available primarily for advertising purposes to the public generally

without consideration being paid therefor shall not be deemed to be a

"newspaper" for the purpose of publication or advertisement of such

notice required by law. Notwithstanding any provision of this

subdivision to the contrary, a publication which was designated and

publishing notice as an official newspaper prior to the year nineteen

hundred forty and continued to be so designated and publishing for at

least thirty years after such year shall be deemed to be a newspaper

within the meaning of this subdivision.

b. The terms "daily newspaper" and "newspaper published each business

day" in a statute, contract, or any public or private instrument, mean,

respectively, a newspaper customarily published on each business day of

the year, whether or not such newspaper is published on any other day.

The term "business day" when used herein does not include Saturdays,

Sundays or legal holidays.

c. The term "newspaper of a county, city, town or village" when used

in a statute shall mean a newspaper published, circulated, printed or

distributed in the county, city, town or village.

Date for determining last completed assessment rolls. In

computing the amount which may be raised by tax on real estate by a

county, city, village or school district within the limitation

prescribed by article eight of the constitution, the determinations as

to the last completed assessment roll, as defined in subdivision seven-a

of section 2.00 of the local finance law, shall be made on or before the

date upon which the amount to be raised by tax on real estate by or for

such county, city, village or school district is actually determined.

For the purposes of this section an assessment roll shall mean such

assessment roll as finally completed by the assessors or other officer

or body authorized to prepare such roll.

Size of type. Whenever a requirement of law relating to size of

type is stated in point size, the type size requirement shall be deemed

met if the x-height of the type is a minimum of forty-five percent of

the specified point size. Each point shall be measured as .351

millimeter. The x-height size shall be measured as it appears on the

page. The x-height is the height of the lower case letters, exclusive of

ascenders or descenders.

Classification of corporations. a. A corporation shall be

either,

1. A public corporation,

2. A corporation formed other than for profit, or

3. A corporation formed for profit.

b. A public corporation shall be either,

1. A municipal corporation,

2. A district corporation,

3. A public benefit corporation.

c. A corporation formed other than for profit shall be either,

1. A religious corporation,

2. An education corporation,

3. A cooperative corporation,

4. A not-for-profit corporation, or

5. Any other corporation formed other than for profit which is not a

public corporation. A reference in a general law to a class of

corporations described in accordance with this classification shall

include all corporations belonging to such class.

d. A corporation formed for profit shall be either,

1. A business corporation,

2. A moneyed corporation,

3. A railroad corporation,

4. A transportation corporation, or

5. A benefit corporation.

Definitions. 1. A "public corporation" includes a municipal

corporation, a district corporation, or a public benefit corporation.

2. A "municipal corporation" includes a county, city, town, village

and school district.

3. A "district corporation" includes any territorial division of the

state, other than a municipal corporation, heretofore or hereafter

established by law which possesses the power to contract indebtedness

and levy taxes or benefit assessments upon real estate or to require the

levy of such taxes or assessments, whether or not such territorial

division is expressly declared to be a body corporate and politic by the

statute creating or authorizing the creation of such territorial

division.

4. A "public benefit corporation" is a corporation organized to

construct or operate a public improvement wholly or partly within the

state, the profits from which inure to the benefit of this or other

states, or to the people thereof.

4-a. A "benefit corporation" means a business corporation incorporated

under article seventeen of the business corporation law and whose status

as a benefit corporation has not been terminated as provided in article

seventeen of the business corporation law.

5. A "religious corporation" is either (a) a Religious Corporations

Law corporation as defined in section two of such law or (b) a

corporation formed under any other general law or by a special act of

this state which is organized and operated principally for religious

purposes.

6. An "education corporation" is a corporation as defined in

subdivision one of section two hundred sixteen-a of the education law.

7. A "not-for-profit corporation", if a domestic corporation, is a

corporation as defined in subparagraph five of paragraph (a) of section

one hundred two of the not-for-profit corporation law. A "not-for-profit

corporation", if formed under laws other than the statutes of this

state, is a foreign not-for-profit corporation as defined in

subparagraph seven of paragraph (a) of such section.

8. A "business corporation", if a domestic corporation, is a

corporation as defined in subparagraph four of paragraph (a) of section

one hundred two of the business corporation law. A "business

corporation", if formed under laws other than the statutes of this

state, is a foreign business corporation as defined in subparagraph

seven of paragraph (a) of such section.

9. A "moneyed corporation" is a corporation to which the banking law

or the insurance law is made applicable by the provisions of such laws.

10. A "railroad corporation" is a corporation to which the railroad

law is made applicable by a provision of such law.

11. A "transportation corporation" is a corporation to which the

transportation corporations law is made applicable by a provision of

such law.

12. A "cooperative corporation" is a corporation to which the

cooperative corporations law is made applicable by a provision of such

law.

13. The term "corporation formed other than for profit" includes every

corporation other than a corporation formed for profit or a public

corporation.

14. A "domestic corporation" is a corporation incorporated by or under

the laws of the state or colony of New York. Every corporation which is

not a domestic corporation is a foreign corporation, except as provided

by the civil practice law and rules with respect to the construction of

such law and rules.

15. The term "director", when used in relation to corporations, means

any member of the governing board of such corporation, whether

designated as director, trustee, manager, governor, or by any other

title, designated to manage the affairs of a corporation.

16. The term "certificate of incorporation" includes (a) the original

certificate of incorporation or any other instrument filed or issued

under any statute to form a domestic or foreign corporation, as amended,

supplemented or restated by certificates of amendment, merger or

consolidation or other certificates or instruments filed or issued under

any statute; or (b) a special act or charter creating a domestic or

foreign corporation, as amended, supplemented or restated.

17. The term "member of a corporation" means one having membership

rights in a corporation in accordance with the provisions of its

certificate of incorporation or by-laws.

18. The term "office of a corporation" means the office the location

of which is stated in the certificate of incorporation of a domestic

corporation, or in the application for authority of a foreign

corporation or an amendment thereof. Such office need not be a place

where business or activities are conducted by such corporation.

19. The term "business of a corporation" when used with reference to a

corporation formed for profit means the operations for the conduct of

which the corporation is formed and may constitute "doing of business"

or "transaction of business" as those terms are used in the statutes of

this state.

20. The term "conducting of activities" when used with reference to a

corporation formed not for profit means the operations for the conduct

of which the corporation is formed and may constitute "doing of

business" or "transaction of business" as those terms are used in the

statutes of this state.

21. The term "corporate law" when used in any law means the general

statutes relating to corporations included in the consolidated laws of

which this chapter is a part.

Names of corporation laws. The cooperative corporations law,

religious corporations law and transportation corporations law may be

cited or referred to as, respectively, the cooperative corporation law,

religious corporation law and transportation corporation law.

Statutes of England and Great Britain inoperative in this state.

A statute of England or Great Britain shall not be deemed to have had

any force or effect in this state since May first, seventeen hundred and

eighty-eight.

Acts of the legislature of the colony of New York inoperative.

Acts of the legislature of the colony of New York shall not be deemed to

have had any force or effect in this state since December twenty-ninth,

eighteen hundred and twenty-eight.

Resolutions of the congress of the colony and the convention of

New York inoperative. The resolutions of the congress of the colony of

New York and of the convention of the state of New York, shall not be

deemed to be the laws of this state hereafter.

References to repealed provisions. If any provision of a law be

repealed and, in substance, re-enacted, a reference in any law to such

repealed provision shall be deemed a reference to such re-enacted

provision.

Titles and head notes. If the title of any article or other

division of a statute, or the head note of a section shall be amended or

repealed in the body of the statute, or if a new article or other

division having a title, or a new section having a new head note be

added to a statute, the corresponding title or head note, if any, in an

abstract of contents at the beginning of the statute, article or other

division of the statute shall be deemed to be correspondingly amended or

repealed, although there be no express reference thereto.

Effect of the repeal of a repealing statute. The repeal

hereafter or by this chapter of any provision of a statute, which

repeals any provision of a prior statute, does not revive such prior

provision.

Effect of the repeal of a statute upon amendments thereof. The

repeal by the Consolidated Laws of a statute includes a statute

amendatory of the statute repealed.

Effect of the repeal of an amending statute. The repeal

hereafter or by this chapter of any provision of a statute, which amends

a provision of a prior statute, leaves such prior provision in force

unless the amendatory statute be a substantial re-enactment of the

statute amended.

Effect of repealing statute upon existing rights. The repeal of

a statute or part thereof shall not affect or impair any act done,

offense committed or right accruing, accrued or acquired, or liability,

penalty, forfeiture or punishment incurred prior to the time such repeal

takes effect, but the same may be enjoyed, asserted, enforced,

prosecuted or inflicted, as fully and to the same extent as if such

repeal had not been effected.

Effect of repealing statute upon pending actions and

proceedings. Unless otherwise specially provided by law, all actions and

proceedings, civil or criminal, commenced under or by virtue of any

provision of a statute so repealed, and pending immediately prior to the

taking effect of such repeal, may be prosecuted and defended to final

effect in the same manner as they might if such provisions were not so

repealed.

Effect of the repeal of a statute by another statute

substantially re-enacting the former. The provisions of a law repealing

a prior law, which are substantial re-enactments of provisions of the

prior law, shall be construed as a continuation of such provisions of

such prior law, modified or amended according to the language employed,

and not as new enactments.

Effect of hyphen in schedule of repeals. When two numbers in a

schedule of repeals of the consolidated laws are connected by a hyphen

both such numbers are included as well as all intermediate numbers.

Effect of consolidation upon laws passed at same session or

before consolidation takes effect. No provision of any chapter of the

consolidation of the general laws, of which this chapter is a part,

shall supersede or repeal by implication any law passed at the same

session of the legislature at which any such chapter was enacted, or

passed after the enactment of any such chapter and before it shall have

taken effect; and an amendatory law passed at such session or at any

subsequent session begun before any such chapter takes effect, shall not

be deemed repealed, unless specifically designated in the repealing

schedule of such chapter.

Effect of consolidated laws on penal law, criminal procedure

law and civil practice law and rules. The consolidated laws shall not be

construed to amend, repeal or otherwise affect any provision of the

penal law, civil practice law and rules or criminal procedure law unless

expressly so stated.

Application of chapter. This chapter is applicable to every

statute unless its general object, or the context of the language

construed, or other provisions of law indicate that a different meaning

or application was intended from that required to be given by this

chapter.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect

immediately.