N.Y. Education Law § 452: Definitions

§ 452. Definitions. As used or referred to in this article, unless a

different meaning clearly appears from the context:

1. "Board" or "board of education" shall mean the chancellor or deputy

chancellor of the city school district of the city of New York, except

for the purposes of section four hundred fifty-three of this chapter.

2. "Bonds" and "notes" shall mean bonds and notes respectively, issued

by the fund pursuant to this article.

3. "City" shall mean the city of New York.

4. "City agency" shall mean any officer, administration, department,

board, commission, bureau, division, agency or instrumentality of the

city of New York.

5. "Combined occupancy structure" shall mean any improvement on real

property or any interests therein or thereto, including fee interest,

easements, space rights or air rights, containing school accommodations

or other facilities of the board of education of the city of New York in

combination with other compatible and lawful non-school uses designed

and intended to increase, from both a planning and an economic

viewpoint, the efficient utilization of available land areas. A combined

occupancy structure shall also include a structure in a project or

development under the auspices of the fund wherein non-school portions

of structures placed upon the overall site are not built in space rights

over the school portion, so long as some part of the non-school portion

is constructed over or under any part of the school portion of the

development.

6. "Commissioner of education" shall mean the commissioner of

education of the state of New York.

7. "Comptroller" or "city comptroller" shall mean the comptroller of

the city of New York.

8. "Corporation counsel" shall mean the corporation counsel of the

city of New York.

9. "Developer" shall mean and include any private individual,

partnership, trust or private or public corporation approved by the

board of education as being qualified and eligible to enter into one or

more leases, subleases or other agreements with the fund providing for

the construction, acquisition, reconstruction, rehabilitation or

improvement of one or more combined occupancy structures; which

agreements shall be subject to approval by the board of education.

10. "Director of management and budget" or "city director of

management and budget" shall mean the director of management and budget

of the city of New York.

11. "Finance commissioner" or "city finance commissioner" shall mean

the commissioner of finance of the city of New York.

12. "Fund" shall mean the corporate governmental agency created by

section four hundred fifty-three of this article.

13. "Governor" shall mean the governor of the state of New York.

14. "Letting agency" shall mean and include the board of education or

any other city agency which by agreement with the fund is to award the

contracts for a particular construction, reconstruction, rehabilitation

or improvement; or the fund itself, if it is to award such contracts.

14-a. "Maximum debt service reserve fund requirement" shall mean the

amount of money required to be deposited in a debt service reserve fund

authorized by section four hundred sixty-two hereof established pursuant

to a resolution of the fund.

15. "Mayor" shall mean the mayor of the city of New York.

15-a. "Owner" shall mean and include any private individual,

partnership, trust or private or public corporation, taking possession

of the non-school portion of a combined occupancy structure pursuant to

a lease, sub-lease, conveyance or other agreement, or acquiring fee

title to or a leasehold or other interest in such non-school portion.

16. "Planning commission" shall mean the planning commission of the

city of New York.

17. "Real property" shall mean lands, waters, rights in lands or

waters, structures, franchises and interests in land, including air or

space rights, and any and all other things and rights usually included

within the same term and includes also any and all interests in such

property less than full title, such as easements permanent or temporary,

rights-of-way, uses, leases, licenses and all other incorporeal

hereditaments in every estate, interest or right, legal or equitable.

18. "School building" shall mean a separate structure entirely devoted

to use and occupancy for public school purposes; including incidental

and appurtenant recreational and other facilities.

19. "School portion" or "school portion of combined occupancy

structure" shall mean that portion of a combined occupancy structure

designed, constructed, reconstructed, rehabilitated or improved for use

and occupancy for public school purposes; including the real property to

be used in connection therewith together with incidental and appurtenant

recreational and other facilities.

20. "State" shall mean the state of New York.