Title GBS, General Business

§ 750-h. Denial of license application and suspension and revocation\nof licenses. 1. An application for a license under this article may be\ndenied or a license to engage in the business of operating a pet\ncemetery or pet crematorium may be suspended or revoked, by the\nsecret…

§ 750-i. Hearing on charges; decision. 1. No license shall be\nsuspended or revoked nor shall any fine or reprimand be imposed until\nafter a hearing had before an officer or employee of the department of\nstate designated for such purpose by the secretary of state, upon notice\…

§ 750-j. Judicial review. The action of the secretary of state in\nsuspending, revoking or refusing to issue or renew a license, or\nimposing a fine or reprimand on the holder thereof may be reviewed by a\nproceeding brought under and pursuant to article seventy-eight of the\nci…

§ 750-k. Violations and penalties. Any person not licensed pursuant to\nthis article who shall directly or indirectly engage in the business of\noperating a pet cemetery or pet crematorium or hold himself or herself\nout to the public as being able so to do, or who shall violate…

§ 750-l. Official acts used as evidence. The official acts of the\nsecretary of state, department of state and department of environmental\nconservation shall be prima facie evidence of the facts therein and\nshall be entitled to be received in evidence in all actions at law and…

§ 750-m. Dedication of moneys derived from operation of article. All\nmoneys derived from the operation of this article shall on or before the\ntenth day of each month be paid into the pet cemetery and pet\ncrematorium inspection and licensing fund established by section\nninety…

§ 750-n. Dedication of real property for pet cemetery purposes. 1. The\nowner of any real property used or to be used for a pet cemetery shall\nfile, or cause to be filed, in the office of the clerk or recorder of\nthe county in which the real property is located, a dedication\n…

§ 750-o. Removal of dedication. Upon the filing of a dedication\nrestricting real property for the operation of a pet cemetery, such\ndedication may only be amended or removed by order of the supreme court\nof the county where the pet cemetery is located. Such petition for\namen…

§ 750-p. Area requirements for pet cemeteries. A pet cemetery which\ncommences operations on or after the effective date of this article and\nwhich provides for the permanent interment of pets shall consist of not\nless than five contiguous acres of real property in total area,\…

§ 750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner\nmay charge a permanent maintenance endowment fee for the care of the pet\ncemetery, which if charged, shall be placed by the pet cemetery owner\ninto a permanent maintenance endowment care or similar trust fu…

§ 750-r. Endowment care or similar trust funds. 1. A pet cemetery\nwhich commenced operations prior to the effective date of this article\nshall establish an endowment care or similar trust fund, the balance of\nwhich shall not be less then twelve thousand dollars, by January fi…

§ 750-s. Pet disposal forms. 1. Each person who gives to a\nveterinarian or a pet cemetery owner or pet crematorium owner a pet for\ndisposal shall be provided by such veterinarian or pet cemetery owner or\npet crematorium owner with a pet disposal disclosure document, in form\n…

§ 750-t. Disposal in compliance with forms. A pet cemetery owner shall\ndispose of a pet in compliance with a pet disposal form completed by a\npet owner or veterinarian. If such pet is disposed of, either by\nindividual cremation or individual burial, the pet cemetery owner sha…

§ 750-u. Veterinary and agricultural production exclusions. Any pet\ncemetery which:\n 1. (a) is owned by a licensed veterinarian; or\n (b) is located on land used in agricultural production;\n 2. does not allow individual burials;\n 3. does not allow individual grave markers;\n…

§ 750-uu. Small pet cemetery exclusion. Any pet cemetery which buries\nless than five animals a year, makes no representation that the pet\ngraves will be cared for or that the land is dedicated, and does not\ncharge a maintenance fee for the care of the pet graves shall be exem…

§ 750-v. Duties of pet cemetery owners and operators. All pet cemetery\nowners and operators shall have the following duties:\n 1. To keep permanently maps and records containing the specific site\nof each pet grave, the grave owner's last known address, the date of\nburial, the…

§ 750-w. Separability clause. If any part or provision of this article\nor the application thereof to any person or circumstance be adjudged\ninvalid by any court of competent jurisdiction, such judgment shall be\nconfined in its operation to the part, provision or application d…

§ 751. Legislative intent. It is hereby determined and declared that\nsupervision by the state of the sale of dogs or cats by pet dealers is\nwithin the public interest and for the purpose of safeguarding the\npublic and insuring the humane treatment of such animals by guarantee…

§ 752. Definitions. As used in this article:\n 1. "Animal" means a dog or a cat.\n 2. "Consumer" means any individual purchasing an animal from a pet\ndealer. A pet dealer shall not be considered a consumer.\n 3. For purposes of section seven hundred fifty-three of this article,…

§ 753. Sale of animal. 1. If, within fourteen business days following\nthe sale of an animal subject to this article or receipt of the written\nnotice required by section seven hundred fifty-four of this article,\nwhichever occurred last, a veterinarian of the consumer's choosin…

§ 753-a. Veterinarian examination. 1. Within five business days of\nreceipt, but prior to the sale of any dog or cat, the pet dealer shall\nhave a duly licensed veterinarian conduct an examination and tests\nappropriate to the breed and age to determine if the animal has any\nme…

§ 753-b. Information statement for purchaser. Every pet dealer shall\ndeliver to the purchaser of an animal, at the time of sale, a written\nstatement in a standardized form prescribed by the commissioner of\nagriculture and markets containing the following information:\n 1. For…

§ 753-c. Animal pedigree registration. 1. Representation regarding\nanimal's pedigree registration. Any pet dealer who states, promises, or\nrepresents that an animal is registered or capable of registration with\nan animal pedigree registry organization shall provide the purcha…

§ 753-d. Construction with other laws. Nothing in this article shall\nbe construed to (a) limit or restrict agents or officers of societies\nfor the prevention of cruelty to animals or the police from enforcing\narticles twenty-six and twenty-six-A of the agriculture and markets…

§ 753-e. Prohibited contracts. No contract for the purchase of a dog\nor a cat or the financing of such purchase shall include any provisions\nwhich authorize the use of a dog or a cat as security where such dog or\ncat may be repossessed by the seller or lender contingent on th…

§ 753-f. Sale of dogs, cats and rabbits prohibited. 1. A retail pet\nshop as defined in this article shall not sell, lease, offer to lease,\noffer to sell, barter, auction, or otherwise transfer ownership of any\ndog, cat or rabbit. This section shall not be construed to prohibi…

§ 754. Notice. Every pet dealer who sells an animal to a consumer\nshall post a notice clearly visible to the consumer and provide the\nconsumer at the time of sale with a written notice, printed or typed,\nsetting forth the rights provided under this article. Such notices shall…

§ 755. Penalties and enforcement. 1. In addition to the other remedies\nprovided, whenever there shall be a violation of this article,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdiction …

§ 756. Definitions. As used in this article: 1. "Construction\ncontract" means a written or oral agreement for the construction,\nreconstruction, alteration, maintenance, moving or demolition of any\nbuilding, structure or improvement, or relating to the excavation of or\nother …

§ 756-a. Obligations. It is the policy and purpose of this article to\nexpedite payment of all monies owed to those who perform contracting\nservices pursuant to construction contracts. Except as otherwise\nprovided in this article, the terms and conditions of a construction\nco…

§ 756-b. Remedies. 1. (a) If any interim or final payment to a\ncontractor is delayed beyond the due date established in paragraph (a)\nof subdivision three of section seven hundred fifty-six-a of this\narticle, the owner shall pay the contractor interest beginning on the\nnext …

§ 756-c. Retention. By mutual agreement of the relevant parties an\nowner may retain no more than five per centum of the contract sum as\nretainage. A contractor or subcontractor may also retain no more than\nfive per centum for retainage and in no case shall retainage exceed th…

§ 756-d. Exceptions for failure of lender to disburse funds. The date\nof payment required by the owner, the contractor and/or subcontractor\npursuant to section seven hundred fifty-six-a of this article, shall be\nextended to the seventh day after the owner, contractor or\nsubc…

§ 756-e. Exceptions for lower Manhattan reconstruction. The provisions\nof this article shall not apply to any construction contracts for the\nreconstruction, alteration, moving or demolition of any building,\nstructure or improvement, or relating to the excavation of or any\nde…

§ 756-f. Wage theft prevention and enforcement. 1. Upon request of a\ncontractor, or a contractor's subcontractor, to any subcontractor which\nperforms any portion of work within the scope of the contractor's\nconstruction contract with an owner, such subcontractor shall provide…

§ 757. Void provisions. The following provisions of construction\ncontracts shall be void and unenforceable:\n 1. A provision, covenant, clause or understanding in, collateral to or\naffecting a construction contract, with the exception of a contract with\na material supplier, t…

§ 758. Severability. If any clause, sentence, paragraph, subdivision\nor part of this article, or the application thereof to any person or\ncircumstance, shall be adjudged by any court of competent jurisdiction\nto be invalid or unconstitutional, such judgment shall not affect,\…

* § 759. Definitions. When used in this article, the following terms\nshall have the following meanings:\n 1. "Builder" means any person, corporation, partnership or other\nentity contracting with an owner for the construction of a one- or\ntwo-family residential dwelling having…

* § 759-a. Disclosure of automatic fire sprinkler system information.\nA builder of a one- or two-family residential dwelling having less than\nthree stories, prior to entering into a contract for construction of\nsuch dwelling with a buyer, shall provide the buyer with a copy o…

§ 76. Certificate or pocket card lost or destroyed. If it shall be\nestablished to the satisfaction of the secretary of state, in accordance\nwith rules and regulations of such department, that an unexpired license\ncertificate or pocket card, issued in accordance with the provi…

§ 760. Definitions. When used in this article, the following terms\nshall have the following meanings.\n 1. "Person" means any individual, firm, corporation, association or\npartnership, cooperative association, joint venture, joint stock\nassociation, business trust, their less…

§ 761. One-call notification systems. 1. Participation. Every operator\nshall participate in and be responsible for the administration of a\none-call notification system. Any other persons interested in protection\nof underground facilities may also participate in the system.\n …

§ 762. Duties of local governments. The local governments shall\ndisplay in an appropriate location and provide a notice to each\napplicant for an excavation and demolition permit that informs them\nabout their responsibilities under the law and regulations to protect\nundergrou…

§ 763. Duties of operators. 1. Every operator shall participate in a\none-call notification system.\n 2. Upon receipt of the notification provided for by this article\neither directly from the excavator or from the one-call notification\nsystem and pursuant to the rules and regu…

§ 764. Duties of excavators. 1. No excavator shall commence or engage\nin any excavation or demolition unless and until timely notice is served\nof the location and date of the proposed excavation or demolition as\nprovided in this article to operators who maintain underground\n…

§ 765. Penalties and liabilities. 1. Civil penalties. a. Failure to\ncomply with any provision of this article shall subject an excavator or\nan operator to a civil penalty of up to four thousand three hundred\nseventy-five dollars for the first violation and up to an additional…

§ 766. Rules and regulations. The public service commission shall\nadopt rules and regulations to implement and enforce the provisions of\nthis article pursuant to section one hundred nineteen-b of the public\nservice law.\n

§ 767. Separability. If any provision of this article or the\napplication thereof to any person or circumstances is held invalid, the\nremainder of the article and the application of such provision to other\npersons or circumstance shall not be affected thereby.\n

§ 77. Removal of bureau, agency or office. If the holder of an\nunexpired license certificate issued pursuant to this article shall\nremove the bureau, agency, sub-agency, office or branch office to a\nplace other than that described in the license certificate, he shall,\nwithin…

§ 770. Definitions. As used in this article, the following terms,\nunless the context requires otherwise, shall have the following\nmeanings:\n 1. "Person" means a natural person.\n 2. "Owner" means any homeowner, co-operative shareholder owner, or\nresidential tenant, or any pe…