The Style Manual used by the New York State Law Reporting Bureau

New York State Unified Court System

First Edition Published in 1956.

FOREWORD

I must start by thanking the Law Reporting Bureau of the State of New York for inviting me to write the Foreword for the 2012 Style Manual. I am so pleased to recognize our outstanding State Reporter, Bill Hooks, who succeeded to the position in June 2009. Bill is no stranger to the Law Reporting Bureau—having started his career there in 1981—and I know he will continue the great tradition of providing impeccable service for the entire Unified Court System.

Probably the most notable change reflected in the new Style Manual is the continuing movement toward the use of electronic sources. These changes demonstrate our increasing reliance on technology and the growing acceptance of the use of Internet material. Among other things, we now know how to cite materials such as e-books. I anticipate that this aspect of the Style Manual will only continue to develop.

The Law Reporting Bureau has continued to update the Style Manual to make this resource as clear and easy to use as possible. In addition, as a substantive matter, I would like to point out that the new Manual addresses our relatively recent change over from the Code of Professional Responsibility to the new Rules of Professional Conduct as the rules that govern attorney conduct.

As always, the staff of the Law Reporting Bureau deserves the highest praise for its absolutely meticulous work. On behalf of myself, the Court of Appeals and the rest of the Court System, I express the utmost respect and gratitude for their steadfast commitment to precision and their unmatched skill and dedication.

For more than 50 years, the New York Law Reports Style Manual has been issued by the Law Reporting Bureau with the approval of the Court of Appeals as a guide for New York judges and their staffs in the preparation of opinions for publication in the Official Reports. It also prescribes the style applied by the Law Reporting Bureau in editing the opinions for publication in the Reports. Although not binding on them, many lawyers find the Manual useful in preparing papers for submission to New York courts. The Style Manual provides a guide for opinion writers and editors in five primary areas: citation, abbreviation, capitalization, quotation, and word style and usage. Additionally, it specifies for editors the format and typographical standards for the Reports.

This Manual supplements general citation and style authorities, providing more detail on New York materials and a more specific focus on judicial opinions. General authorities should be consulted on matters not covered by this Manual. These authorities include:

Association of Legal Writing Directors & Darby Dickerson, ALWD Citation Manual (4th ed 2010)

The 2012 Edition leaves largely intact the content of the 2007 Edition and 2009 Supplement. Users' input inspired several rule clarifications and additions. Sample citations have been updated and expanded and residual style inconsistencies have been resolved. Other revisions reflect a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. The most noteworthy of the changes found in this Manual are:

The Style Manual's section on omitting or altering language in quoted material has been reordered for clarity and revised to allow for more precise use of ellipses, to clarify the style where language is both altered and omitted and to provide guidance where emphasis is omitted.

The rules on capitalization are essentially unchanged and reflect the modern practice to avoid excessive capitalization.

The rules on formulation of case summaries (appeal statements) have been updated and examples have been added (Appendix 8). Guidance is now included for formatting data tables incorporated in decisions (13.3) and using supra and infra to cross-reference footnotes and sections of an opinion (12.6). The use of small capitals in the text of opinions and footnotes has been eliminated (13.5). The model citational footnote opinion has been updated (Appendix 7).

Deviations from the rules stated in this Manual are permitted where application of a rule would adversely affect the clarity or readability of an opinion. The Law Reporting Bureau welcomes suggestions for improvement of the Style Manual. Send them to: reporter@courts.state.ny.us.

Changes to this Manual will be posted to the Bureau's Internet site at http://www.nycourts.gov/reporter/styman_menu.htm. Use of the Internet version is strongly recommended not only for updates, but also to gain the advantages of word searching, hypertext linking and coordinating use of the Manual with the Official Case Name and Citation Locator.

RULES REQUIRING CITATION TO OFFICIAL REPORTS

"New York decisions shall be cited from the official reports, if any." (CPLR 5529 [e].)

"Where New York authorities are cited in any submissions, New York Official Law Report citations shall be included, if available." (Rules of Ct of Appeals [22 NYCRR] § 500.1 [g].)

"Where New York authorities are cited in any paper, New York Official Law Report citations must be included." (Rules of Ct of Appeals [22 NYCRR] § 510.1 [a].)

"New York decisions shall be cited from the official reports, if any." (Rules of App Div, 1st Dept [22 NYCRR] § 600.10 [a] [11].)

"New York decisions shall be cited from the official reports, if any." (Rules of App Div, 4th Dept [22 NYCRR] § 1000.4 [f] [7].)

1.1 ELEMENTS OF A CITATION

1.2 PLACEMENT OF CITATIONS

1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY

1.4 INTRODUCTORY SIGNALS

1.5 ELECTRONIC SOURCES IN GENERAL

2.2 NEW YORK COURT DECISIONS

2.3 FEDERAL AND OUT-OF-STATE DECISIONS

2.4 OTHER SOURCES OF DECISIONS

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS

3.3 OUT-OF-STATE STATUTES

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS AND COLLOQUIES

4.1 (d) Model Colloquies

4.2 FEDERAL RULES AND REGULATIONS

5.3 HISTORICAL CONSTITUTIONAL MATERIAL

7.2 PERIODICALS, NEWSPAPERS AND BOOKS

7.4 DICTIONARIES AND ENCYCLOPEDIAS

7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS

7.8 MANUALS, HANDBOOKS, GUIDELINES AND REPORTS

8.1 GENERAL RULES OF TITLE FORMULATION

8.2 COMMON TITLE STYLES

8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS

8.4 PERSONAL IDENTIFYING INFORMATION

9.3 APPEARANCES ON OWN BEHALF

9.4 APPEARING SPECIALLY

9.5 NAME AND TITLE OF PUBLIC OFFICIALS

9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING

9.7 OUT-OF-STATE ATTORNEY

10.2 NUMERALS, NUMBERS AND SYMBOLS

11.2 QUOTATION MARKS

12.1 GENDER NEUTRAL WRITING

12.2 HYPHENATED WORDS AND PHRASES

12.3 AVOIDANCE OF LATINISMS AND LEGALISMS

12.4 PERSONAL IDENTIFYING INFORMATION

12.5 DESCRIBING PERSONS WITH DISABILITIES

12.6 USING SUPRA AND INFRA

13.1 TITLES OF DECISIONS

13.2 PARAGRAPH AND SECTION HEADINGS

13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE

13.7 FOREIGN WORDS AND PHRASES

13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

14.1 ABBREVIATION SPACING

14.2 STATUTORY SPACING

APPENDIX 1 — COMMON CASE NAME ABBREVIATIONS
APPENDIX 2 — ABBREVIATION OF CASE LAW REPORTS
APPENDIX 3 — APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS
APPENDIX 4 — STYLE AND ABBREVIATION OF PARTICULAR STATUTES
APPENDIX 5 — STYLE OF PARTICULAR WORDS
APPENDIX 6 — TITLES IN VARIOUS ACTIONS AND PROCEEDINGS, WITH CASE NAMES
APPENDIX 7 — CITATIONAL FOOTNOTE STYLE (MODEL OPINION)
APPENDIX 8 — FORMULATION OF SUMMARIES (APPEAL STATEMENTS)

Contents of Section

1.1 ELEMENTS OF A CITATION

1.1 (a) Case Citation Elements

1.1 (b) Statutory Citation Elements

1.2 PLACEMENT OF CITATIONS

1.2 (a) Where to Place

1.2 (b) Citations in Running Text

1.2 (c) Citations within Parentheses

(1) How to Reference

(2) Punctuation

1.2 (d) Citations in Footnotes

1.2 (e) Citational Footnote Style

1.2 (f) Footnote Numbers in Relation to Punctuation

1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY

1.3 (a) Options for Referencing Previously Cited Authority

1.3 (b) Short-Form References

(1) Shortened Case Names and Popular Names

(2) Shortened Citations

1.3 (c) Subsequent Reference to Immediately Preceding Authority

1.3 (d) Subsequent Reference to Parallel Citations

1.4 INTRODUCTORY SIGNALS

1.4 (a) Citations Introduced by Signals

1.4 (b) Signal Word Serving as a Verb

1.5 ELECTRONIC SOURCES IN GENERAL

1.5 (a) Electronic Services

1.5 (b) Internet Material

1.5 (c) CD-ROM Material

1.5 (d) New York Slip Opinions

1.5 (e) Unreported and Unofficially Reported New York Opinions Published Online

1.5 (f) Unreported New York Appellate Motion Decisions Published Online

1.5 (g) E-Books

1.1 ELEMENTS OF A CITATION

1.2 PLACEMENT OF CITATIONS

1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY

1.4 INTRODUCTORY SIGNALS

1.5 ELECTRONIC SOURCES IN GENERAL

2.0 CASES

Contents of Section

2.1 CASE NAMES

2.1 (a) New York Cases

(1) Cases Officially Reported

(2) Cases Not Officially Reported

2.1 (b) Supreme Court of the United States Cases

2.1 (c) Other Cases

2.2 NEW YORK COURT DECISIONS

2.2 (a) Decisions Officially Reported

2.2 (b) Unofficially Reported or Unreported Decisions

2.3 FEDERAL AND OUT-OF-STATE DECISIONS

2.3 (a) Supreme Court of the United States

2.3 (b) Other Federal Courts

2.3 (c) Out-of-State and Unofficial Case Citations

2.4 OTHER SOURCES OF DECISIONS

2.4 (a) Electronic Case Citations

(1) Online Services

(2) Citing Tabular Cases

(3) Internet Material

2.4 (b) Commission, Agency and Ethics Opinions

(1) Commission and Agency Documents and Materials

(2) Ethics Opinions

2.2 NEW YORK COURT DECISIONS

2.3 FEDERAL AND OUT-OF-STATE DECISIONS

2.4 OTHER SOURCES OF DECISIONS

3.0 STATUTES AND LEGISLATIVE MATERIALS

Contents of Section

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.1 (a) Statutory Abbreviation Style in General

3.1 (b) Statutory Citation Style

(1) Basic Citation Form

(2) Citation Strings and Multiple Statutory Citations

(3) Statutory Amendments, Additions and Renumbering

(4) Former Statutes

3.1 (c) Nonstatutory Material in Statutory Compilations

3.1 (d) Session Laws and Unconsolidated Laws

3.1 (e) Model Codes, Proposed Codes and Uniform Laws

3.1 (f) Legislative and Other Materials

3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS

3.2 (a) Federal Statutory Abbreviations

3.2 (b) Federal Statutory Citation Style

3.2 (c) Federal Legislative Materials

3.3 OUT-OF-STATE STATUTES

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS

3.3 OUT-OF-STATE STATUTES

4.0 REGULATIONS, COURT RULES, JURY INSTRUCTIONS AND COLLOQUIES

Contents of Section

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS AND COLLOQUIES

4.1 (a) Basic Citation Form

4.1 (b) Particular Rules and Regulations

(1) Rules of the City of New York

(2) Rules of the Court of Appeals

(3) Rules of the Appellate Division

(4) Uniform Rules for the New York State Trial Courts

(5) Rules of the Chief Administrator of the Courts

(6) Rules of Professional Conduct, Code of Professional Responsibility, Rules Governing Judicial Conduct and Code of Judicial Conduct

(7) Rent Statutes and Regulations

(8) New York State Building Code

(9) New York City Building Code

(10) New York State Agency Regulations

4.1 (c) Pattern Jury and Criminal Jury Instructions

(1) Pattern Jury Instructions

(2) Criminal Jury Instructions

4.1 (d) Model Colloquies

4.2 FEDERAL RULES AND REGULATIONS

4.2 (a) Basic Citation Form

4.2 (b) Particular Rules and Regulations

(1) Federal Rules of Civil Procedure

(2) Federal Rules of Criminal Procedure

(3) Federal Rules of Evidence

(4) Federal Rules of Bankruptcy Procedure

(5) Federal Rules of Appellate Procedure

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS AND COLLOQUIES

4.2 FEDERAL RULES AND REGULATIONS

5.0 CONSTITUTIONS

Contents of Section

5.1 GENERAL RULE

5.2 EXAMPLES

5.3 HISTORICAL CONSTITUTIONAL MATERIAL

5.1 GENERAL RULE

Cite English language constitutions by country or state.

5.3 HISTORICAL CONSTITUTIONAL MATERIAL

Cite historical constitutional material as follows:

6.0 TREATIES AND INTERNATIONAL AGREEMENTS

Contents of Section

6.1 GENERAL RULE

6.2 EXAMPLES

6.1 GENERAL RULE

Treaties signed before 1949 are contained in and cited to the United States Statutes at Large. Treaties signed since 1949 are contained in and may be cited to United States Treaties and Other International Agreements (UST) (the official source). Those treaties signed since 1945 are also published in and may be cited to the Treaties and Other International Acts Series (TIAS) (the unofficial source).

7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS

Contents of Section

7.1 GENERAL RULES

7.1 (a) Page References

7.1 (b) Names of Authors

7.1 (c) Titles

7.1 (d) Internet Material

7.2 PERIODICALS, NEWSPAPERS AND BOOKS

7.2 (a) General Style

7.2 (b) Student-Authored Works

7.3 TREATISES

7.3 (a) General Style

7.3 (b) Omitted Title Material

7.3 (c) CD-ROM Material

7.4 DICTIONARIES AND ENCYCLOPEDIAS

7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS

7.5 (a) General Style

7.5 (b) Author's Name

7.6 RESTATEMENTS

7.7 LEGAL DOCUMENTS

7.8 MANUALS, HANDBOOKS, GUIDELINES AND REPORTS

7.9 E-BOOKS

7.1 GENERAL RULES

7.2 PERIODICALS, NEWSPAPERS AND BOOKS

7.4 DICTIONARIES AND ENCYCLOPEDIAS

(Black's Law Dictionary 712 [9th ed 2009])

(Black's Law Dictionary [9th ed 2009], mens rea) [Note: online version]

(1 Am Jur 2d, Accession and Confusion § 2)

(12 NY Jur 2d, Buildings, Zoning, and Land Controls § 377)

(8 Fletcher, Cyclopedia of Corporations § 3890 [2006]) [Note: online version]

(8 Fletcher, Cyclopedia of Corporations § 3890 at 171 [Perm ed])

(1A CJS, Actions § 75)

(10A Carmody-Wait 2d § 70:461 at 448)

(Webster's Third New International Dictionary, Unabridged [Merriam-Webster 2002], contaminant [http://unabridged.merriam-webster.com/unabridged/contaminant]) [Note: online subscription version]

(Merriam-Webster Online Dictionary, contaminant [http://www.merriam-webster.com/dictionary/contaminant]) [Note: online free version]

7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS

7.6 RESTATEMENTS

(Restatement [Second] of Conflict of Laws § 305, Comment b, Illustration 1)

(Restatement [Second] of Agency § 20)

(Restatement of Restitution § 104 [a], [b])

(Restatement [Third] of Torts: Products Liability § 5)

(Restatement [Third] of Foreign Relations Law § 1)

(Restatement [Third] of Property [Mortgages] § 5.2)

(Restatement [Second] of Judgments [Tent Draft No. 5] § 61, Comment c)

(Restatement [Third] of Property [Mortgages] § 5.4, Reporter's Note, Comment c)

7.7 LEGAL DOCUMENTS

Transcript: (tr at 3); (Pargament tr at 42, lines 18-25; at 43, lines 4-6)

Affidavit: (aff of defendant at 6)

Affirmation: (affirmation of defendant's counsel at 3)

Testimony: (testimony of John Smith, May 14, 2002, ¶ 6)

Pleadings: (Smith complaint at 2); (petition ¶ 7)

Exhibits: (plaintiff's exhibits 3, 15, 18); (Nagle aff, exhibit E, ¶ 4)

Briefs: (brief for respondents-appellants, available at 2005 WL 4013583, *2); (brief for defendants-respondents in Davenport v County of Nassau, 245 AD2d 331 [1997], available at 1997 WL 34663982)

7.8 MANUALS, HANDBOOKS, GUIDELINES AND REPORTS

(American Arbitration Association Rules for Arbitration of Supplementary Uninsured/Underinsured Motorist Insurance Disputes and Uninsured Motorist Insurance Disputes in the State of New York § 16)

(Centers for Medicare and Medicaid Services, State Medicaid Manual § 3259.6 [C])

(Financial Industry Regulatory Authority [FINRA] Manual rule 13804) [Note: replaces NASD Manual]

(National Arbitration Forum Code of Procedure rule 5)

(New York Automobile Insurance Plan Manual § 18 [2] [9] [b])

(New York City Housing Authority [NYCHA] Management Manual, ch V, § E [1] [a])

(2004 New York State Department of Health, Medicaid Update, vol 19, No. 3 [Mar. 2004])

(New York State Department of Health MEVS Provider Manual § 13.1)

(Official Staff Interpretations of Federal Reserve System Board of Governors, 12 CFR part 226, Supp I, ¶ 28 [d] [1] [eff Jan. 14, 2008])

(Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [Nov. 1997] or [2006])

(United States Department of Housing and Urban Development Handbook 4350.3 REV-1, ch 5, ¶ 5-5 [A] [1])

(U.S. Government Accountability Office, Report to Congressional Requesters, U.S. Postal Service: Delivery Performance Standards, Measurement, and Reporting Need Improvement at 11 [GAO-06-733, July 2006])

(Workers Compensation and Employers Liability Manual, Administrative Rules and Procedures [A] at P-1 [eff Dec. 1, 2001])

(Michael D. Green et al., Reference Guide on Epidemiology, in Federal Judicial Center, Reference Manual on Scientific Evidence at 336 [2d ed 2000])

(New York Law Reports Style Manual § 1.2 [e] [2012])

Cite an e-book as in the example below. Include the e-book edition and the type of e-reader used. To provide a pinpoint citation, use a fixed reference point such as a location number.

(Charles M. Scanlan, The Clergyman's Hand-book of Law [Kindle ed])

8.0 TITLES OF ACTIONS AND PROCEEDINGS

Contents of Section

8.1 GENERAL RULES OF TITLE FORMULATION

8.1 (a) Parties at Trial Level

8.1 (b) Parties at Appellate Level

8.1 (c) Parties with Same Status

8.1 (d) Full Names and Initials

8.1 (e) Representative or Official Capacity

8.1 (f) Terms Omitted

8.1 (g) Parties in Transferred Proceedings, etc.

8.1 (h) Nonappealing Parties

8.2 COMMON TITLE STYLES

8.2 (a) Action with Party Suing in a Representative Capacity

8.2 (b) Proceedings against an Unnamed Public Official

8.2 (c) Criminal Action against Multiple Defendants

8.2 (d) Appellate Action with Some Parties Not Participating in Appeal

8.2 (e) Appellate Proceedings with Cross-Appealing Parties

8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS

8.4 PERSONAL IDENTIFYING INFORMATION

8.1 GENERAL RULES OF TITLE FORMULATION

8.2 COMMON TITLE STYLES

8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS

8.4 PERSONAL IDENTIFYING INFORMATION

9.0 APPEARANCES OF COUNSEL

Contents of Section

9.1 GENERAL STYLE

9.2 AMICUS CURIAE

9.3 APPEARANCES ON OWN BEHALF

9.3 (a) Non-Attorney Appearing on Own Behalf

9.3 (b) Non-Attorney Appearing on Own Behalf and by Attorney

9.3 (c) Attorney Appearing on Own Behalf

9.3 (d) Attorney Appearing on Own Behalf and for Client

9.3 (e) Attorney Appearing on Own Behalf and by Attorney

9.3 (f) Attorney Appearing on Own Behalf and by Attorney, and for Client

9.3 (g) Law Firm Appearing on Own Behalf

9.4 APPEARING SPECIALLY

9.5 NAME AND TITLE OF PUBLIC OFFICIALS

9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE

9.7 OUT-OF-STATE ATTORNEY

9.1 GENERAL STYLE

Use the firm or legal organization name and individual names of appearing attorneys, unless only the firm or legal organization name(s) or attorney(s) name(s) is available. Where the middle name or names of an attorney are given, use them. Include the city, village or town of the firm, legal organization or attorney(s) appearing for each party, when available. The following examples are illustrative:

Thompson, Evans & Burns, New York City (Robert V. Levy of counsel), for Smithtown Teachers Association, appellant.

Arthur J. Stone, Watertown (Dennis D. Linden of counsel), for respondent.

P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.

Richard McDowell, P.C., Mineola, for defendant.

Law Offices of John Smith, Albany, for plaintiff.

Legal Aid Society, New York City (David A. Crow of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Keith Dolan and Leonard Joblove of counsel), for respondent.

Attorney or Firm Representing Multiple Parties

Harwood Lloyd, LLC, New York City (Gregg A. Ilardi and Levi W. Barrett of counsel), for Bowe-Permac, Inc. and another, appellants-respondents.

Fitzgerald, Morris, Baker & Firth, Glens Falls (Thomas A. Ulasewicz of counsel), for Preserve Associates, LLC and others, respondents-respondents.

9.2 AMICUS CURIAE

John Jones, Saratoga, for State Industrial Board, amicus curiae.

Do not use "as" before amicus curiae.

9.3 APPEARANCES ON OWN BEHALF

9.4 APPEARING SPECIALLY

Thomas Harold Matters, White Plains, for respondents appearing specially.

9.5 NAME AND TITLE OF PUBLIC OFFICIALS

Use the name and title of the following officials (with name of counsel but not counsel's title within parentheses):

Attorney General, United States Attorneys, District Attorneys, County Attorneys, Corporation Counsel, Town Attorneys, Village Attorneys and Public Defenders.

John Doe, County Attorney, Niagara Falls (Richard Roe of counsel), for appellant.

Bridget G. Brennan, Special Narcotics Prosecutor, New York City (Christine M. Kelly of counsel), for plaintiff.

Shane A. Zoni, Special Prosecutor, Valatie, for respondent.

9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE

Eric T. Schneiderman, Attorney General, New York City (Barbara D. Underwood of counsel), in his statutory capacity under Executive Law § 71.

9.7 OUT-OF-STATE ATTORNEY

Barbara H. Scott, of the Illinois bar, admitted pro hac vice, for appellant.

10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, AND NAMES

Contents of Section

10.1 CAPITALIZATION

10.1 (a) Generally

10.1 (b) Government Bodies and Officials

10.1 (c) States and Political Subdivisions

10.1 (d) Branches of Government

10.1 (e) Government

10.1 (f) "Federal"

10.1 (g) "Capital" and "Capitol"

10.1 (h) Courts

10.1 (i) Judicial Officers

10.1 (j) Acts, Bills, Codes, Constitutions, etc.

10.1 (k) Crimes

10.1 (l) Parties

10.1 (m) Legal Documents

10.1 (n) Regional Names

10.1 (o) Animal Breeds

10.1 (p) Numbered Items

10.2 NUMERALS, NUMBERS AND SYMBOLS

10.2 (a) Numerals and Numbers

(1) Spelling Out

(2) Dollar Amounts

(3) Fractions

(4) Roman Numerals

(5) Criminal Sentences

(6) Firearms

(7) Sex Offender Risk Levels, Prisoner Disciplinary Hearings, Attorney Disciplinary Charges and State Retirement Tiers

(8) Ages

(9) Numbered Lists

10.2 (b) Symbols

(1) General Rule

(2) Distances and Measurements

(3) Percentage

10.3 DATES AND TIME

10.3 (a) Month, Day and Year

10.3 (b) Month and Year

10.3 (c) Day and Year

10.3 (d) Year Only

10.3 (e) Decades

10.3 (f) Centuries

10.3 (g) Abbreviation of Months

10.3 (h) Time

10.3 (i) Seasons

10.4 NAMES

10.4 (a) Names of Judges

10.4 (b) Personal Names

10.4 (c) Corporate Names

10.1 CAPITALIZATION

10.2 NUMERALS, NUMBERS AND SYMBOLS

10.3 DATES AND TIME

11.0 QUOTATIONS AND QUOTATION MARKS

Contents of Section

11.1 QUOTATIONS

11.1 (a) General Rule

11.1 (b) Punctuation of Quotations

11.1 (c) Ellipsis; Omitted Material

11.1 (d) Brackets

11.1 (e) Using "[sic]"

11.1 (f) Material Emphasized

11.1 (g) Statutory and Regulatory Material

11.2 QUOTATION MARKS

11.2 (a) Single-Paragraph Quotations

11.2 (b) Multiple-Paragraph Quotations

11.2 (c) Multiple Quotation Marks

11.2 (d) Using Quotation Marks for Short-Form References

11.2 QUOTATION MARKS

12.0 WORD STYLE IN GENERAL

Contents of Section

12.1 GENDER NEUTRAL WRITING

12.1 (a) Using Inclusive Terms

12.1 (b) Using "He" or "She" as Generic Pronoun

12.1 (c) Additional Background

12.2 HYPHENATED WORDS AND PHRASES

12.2 (a) Compound Words

12.2 (b) Hyphenated Adjectival Phrase

12.2 (c) Hyphenated Prefix

12.3 AVOIDANCE OF LATINISMS AND LEGALISMS

12.3 (a) Using English Language Words and Phrases

12.3 (b) Exceptions to General Rule

12.3 (c) Typography

12.4 PERSONAL IDENTIFYING INFORMATION

12.4 (a) Personal Names

12.4 (b) Numerical Identifiers

12.4 (c) Other Identifying Information

12.5 DESCRIBING PERSONS WITH DISABILITIES

12.6 USING SUPRA AND INFRA

12.1 GENDER NEUTRAL WRITING

12.2 HYPHENATED WORDS AND PHRASES

12.3 AVOIDANCE OF LATINISMS AND LEGALISMS

12.4 PERSONAL IDENTIFYING INFORMATION

Privacy interests of individuals should be protected by omitting irrelevant references to personal identifying information and redacting necessary references.

12.4 (a) Personal Names

(1) Children. The name of any person younger than 18 years old should not appear in any published opinion. This includes the surname of an adoptive child (Domestic Relations Law § 112 [4]) and the name of a subject of a youthful offender proceeding (see CPL 720.35 [2]). Nor should any opinion contain the surname of any person, such as a parent, who shares a surname with the child.

(2) Other Persons. The names of affected persons should not appear in any published opinion where court records are made confidential by law or where the sensitivity or circumstances of the case raise privacy concerns. For example:

(a) The name of any victim of a sex offense or of an offense involving the alleged transmission of HIV should not be published (Civil Rights Law § 50-b).

(b) In Family Court proceedings, the names of the individual parties should not be published. This includes juvenile delinquency and PINS proceedings, foster care proceedings, child abuse and neglect proceedings and support proceedings. (See Family Ct Act § 166.)

(c) In proceedings under Mental Hygiene Law article 9 (hospitalization of individuals with mental illness), the name of the subject individual should not be published (see Mental Hygiene Law §§ 9.11, 33.13).

(d) In matrimonial actions, the parties' names should not be published where access to the matrimonial files has been limited pursuant to Domestic Relations Law § 235.

Special consideration should be given to the possibility that, under the circumstances of a case, the identification of a person in a published decision may raise concerns for that person's privacy or safety, even if that person's role in the case is already a matter of public record. This rule may require redaction of the names of witnesses or other nonparties who are referenced in text.

(3) How to Redact. If reference to protected personal names is necessary, use real or fictitious initials or other formats that shield the person from identification. For example, George Jones may be replaced by George J., or G.J., or George RR or Anonymous.

12.4 (b) Numerical Identifiers

(1) Account Numbers. Numerical identifiers such as Social Security numbers; bank, credit and debit card numbers, insurance policy numbers and other financial account numbers; and driver's license numbers should not appear in any published opinion.

(2) Birth Dates. The exact date of birth of any individual should not appear in any published opinion.

(3) How to Redact. If reference to numerical identifiers is necessary, only the last three or four digits should be used (e.g. xxx-xx-1234). If reference to date of birth is necessary, use only the year (e.g. xx/xx/1975).

12.4 (c) Other Identifying Information

Other identifying detail, such as an exact street address, email address, home or work telephone number, name of a child's school or name of a person's employer, should be redacted in whole or in part where publication of that information would tend to identify a person whose identity requires protection under section 12.4 (a) or is not essential to the opinion.

12.5 DESCRIBING PERSONS WITH DISABILITIES

Avoid language that implies that a person as a whole is disabled (e.g. the mentally ill or the learning disabled); equates persons with their condition (e.g. epileptics, autistics or quadriplegics); has negative overtones (e.g. afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound); or is regarded as derogatory or demeaning (e.g. handicapped or mentally deficient).

Use terminology that places the person before the disability (e.g. individuals with disabilities, individuals with developmental disabilities, individuals with mental illness, individuals with autism or individuals with mental retardation).

12.6 USING SUPRA AND INFRA

If desired, supra and infra may be used to cross-reference text or a footnote in an earlier or later portion of an opinion. Include the specific page or footnote number that is being cross-referenced.

For example:

(See n 12, infra)

(Discussion of burden of proof, supra at 3-4)

(See Summary Judgment Standard, supra at 5)

PART III: TYPOGRAPHY AND SPACING

13.0 TYPOGRAPHY

Contents of Section

13.1 TITLES OF DECISIONS
13.2 PARAGRAPH AND SECTION HEADINGS
13.3 TABLES
13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE
13.5 SMALL CAPITALS
13.6 ADDED EMPHASIS
13.7 FOREIGN WORDS AND PHRASES
13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

13.1 TITLES OF DECISIONS

Name portions of a title are set in large and small capitals:

John J. Murphy et al., as Administrators C.T.A. of the Estate of Martin T. Murphy, Deceased, Plaintiffs, v George Smith, as Administrator D.B.N. of the Estate of Thomas Smith, Deceased, Defendant.

13.2 PARAGRAPH AND SECTION HEADINGS

Capitalize the first letter of every word, do not use small capitals and underscore the heading.

The heading may be centered or flush left depending on the author's preference, but placement within an opinion should be consistent. Both flush left and centered headings may be used in a single decision.

13.3 TABLES

Create a data table in an opinion by using a word processor's table formatting features rather than manually inserting spaces or tabs. In WordPerfect, select "Table" from the menu at the top of the page; in Word, select "Insert" from the menu at the top of the page. Assistance is available in WordPerfect by selecting "Help" from the menu at the top of the page and in Word by pressing the F1 key on the keyboard.

13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE

The name of the judges at the opening of the opinion in the majority, dissent, etc., and in the vote line at the end of the opinion are set in large and small capitals, e.g. Chief Judge Lippman.

13.5 SMALL CAPITALS

Do not use small capitals in the body of an opinion or in footnotes.

13.6 ADDED EMPHASIS

To add emphasis to a word or phrase, italicize it.

13.7 FOREIGN WORDS AND PHRASES

See the word list at Appendix 5. If not on the list, italicize foreign words and phrases only if they are italicized in Black's Law Dictionary (10th ed 2014).

13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

Names of newspapers, magazines, books, etc., appearing in text should not be italicized.

New York Times

Saturday Review of Literature

New York Law Journal

Black's Law Dictionary

Newsweek

To Kill a Mockingbird

14.0 SPACING

Contents of Section

14.1 ABBREVIATION SPACING
14.2 STATUTORY SPACING

14.1 ABBREVIATION SPACING

There is no space between adjacent single-letter abbreviations used in either case names or titles of actions and proceedings. For example:

Erie R.R. v St. Mark's R.C. Church

Thomas Moore, M.D., P.C., Respondent, v Evans & Lee, LLP, Appellant.

In the Matter of S.M., Petitioner, v M.M., Respondent.

14.2 STATUTORY SPACING

Spaces are inserted between the section number and each subsequent subdivision cited as follows:

(Town Law § 199_Δ[1]_Δ[a];_Δ[4])

(Domestic Relations Law § 236_Δ[B]_Δ[6]_Δ[a]_Δ[3])

PART IV: APPENDIXES

Contents
APPENDIX 1—	COMMON CASE NAME ABBREVIATIONS
APPENDIX 2—	ABBREVIATION OF CASE LAW REPORTS
APPENDIX 3—	APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS
APPENDIX 4—	STYLE AND ABBREVIATION OF PARTICULAR STATUTES
APPENDIX 5—	STYLE OF PARTICULAR WORDS
APPENDIX 6—	TITLES IN VARIOUS ACTIONS AND PROCEEDINGS, WITH CASE NAMES
APPENDIX 7—	CITATIONAL FOOTNOTE STYLE (MODEL OPINION)
APPENDIX 8—	FORMULATION OF SUMMARIES (APPEAL STATEMENTS)

APPENDIX 1

COMMON CASE NAME ABBREVIATIONS

(Add "s" inside the period for plural use, unless otherwise indicated. Do not abbreviate terms used as a possessive [Employers' not Empls.].)

Accident Acc.

Adjustment Adj.

Advertise, Advertising Adv.

Administrat[ion, ive] Admin.

Administrat[or, rix] Adm'[r, x]

Agricult[ural, ure] Agric.

Air Conditioning A.C.

Aktiengesellschaft AG.

America[n] Am.

And &

Apartment Apt.

Article Art.

Associate[s] Assoc.

Association Assn.

Assurance Assur.

Atlantic Atl.

Authority Auth.

Automobile, Automotive Auto.

Avenue Ave.

Besloten Vennootschap B.V.

Board Bd.

Boulevard Blvd.

British Br.

Brotherhood Bhd.

Brothers Bros.

Builder Bldr.

Building Bldg.

Bureau Bur.

Business Bus.

Canada, Canadian Can.

Casualty Cas.

Center, Centre Ctr.
Central Cent.

Chapter Ch.

Chemical Chem.

Civil Civ.

College, Collegiate Coll.

Commission Commn.

Commissioner Commr.

Committee Comm.

Compagnie Cie.

Compania Cia.

Company Co.

Congregational Cong.

Consolidated Consol.

Construction Constr.

Continental Cont.

Contract[ing, ual, or] Contr.

Cooperative Coop.

Co-operative Co-op.

Corporation Corp.

Correction[s, al] Corr.

County Do not abbreviate

Court Ct.

Creek Cr.

Debenture Deb.

Department[al] Dept.

Development[al], Developer Dev.

Distribut[ing, ion, or] Distrib.

District Dist.

Division Div.

Domestic Dom.

Drive Dr.

East[ern] E.

Education[al] Educ.

Electric[al, ity], Electronic Elec.

Elevat[ed, or] El.

Employ[ee, er, ment] Empl.

Engineer Engr.

Engineering Eng'g

Enterprise Enter.

Environment Envt.

Environmental Envtl.

Equipment Equip.

Equitable Equit.

European Eur.

Exchange Exch.

Executive Exec.

Execut[or, rix] Ex'[r, x]

Federal Fed.

Federation Fedn.

Fidelity Fid.

Financ[e, ial, ing] Fin.
Foundation Found.

Freight Frgt.

General Gen.

Gesellschaft mit beschränkter Haftung GmbH

Government Govt.

Guarantee, Guaranty Guar.

Heights Hgts.

Highway Hwy.

Honorable Do not abbreviate

Horticult[ural, ure] Hort.

Hospital Hosp.

Housing Hous.

Incorporated Inc.

Indemni[ty, fication] Indem.

Independent Ind.

Industr[y, ies, ial, ials] Indus.

Information Info.

Institut[e, ion, ional] Inst.

Insurance Ins.

International Intl.

Invest[or, ment, ing] Inv.

Island[s] Is.

Judicial Jud.

Junction Junc.

Junior Jr.

Kommanditgesellschaft auf Aktien KGaA

Laboratory Lab.

Liability Liab.

Library Lib.

Lighting Light.

Limited Ltd.

Limited Liability Company L.L.C. or LLC [as used by party]

Limited Liability Partnership L.L.P. or LLP [as used by party]

Limited Partnership L.P. or LP [as used by party]

Liquor Liq.

Litigation Litig.

Lumber Lbr.

Machine[ry] Mach.

Magazine Mag.

Management Mgt.

Manager Mgr.

Manufacturer Mfr.

Manufacturing Mfg.

Marine, Maritime, Marina Mar.

Market Mkt.

Marketing Mktg.

Mechanic, Mechanical Mech.

Medical Med.

Meeting Mtg.

Memorial Mem.

Merchandise Mdse.
Methodist Episcopal M.E.

Methodist Reformed M.R.

Metropolitan Metro.

Mineral, Mining Min.

Mortgage Mtge.

Mountain Mtn.

Municipal Mun.

Mutual Mut.

Naamloze Vennootschap N.V.

National Natl.

National Association N.A.

Naval, Navigation Nav.

North[ern] N.

Number No.

Office Off.

Optical, Optician Opt.

Orchestra Orch.

Organi[z,s]ation, Organi[z,s]ing Org.

Pacific Pac.

Pharmaceutical, Pharmacy Pharm.

Philadelphia Phila.

Presbyterian Presbyt.

Preservation Preserv.

Printing Print.

Product[ion] Prod.

Professional Corporation PC or P.C. (as used by party)

Property Prop.

Protestant Prot.

Public Pub.

Public Limited Company plc

Publication, Publishing, Publisher, Published Publ.

Purchasing Purch.

Railroad R.R.

Railway Ry.

Rapid Transit R.T.

Recording Rec.

Refining Ref.

Reformed Refm.

Refrigerat[ing, ion] Refrig.

Reinsurance Reins.

Restaurant Rest.

River Riv.

Road Rd.

Roman Catholic R.C.

Route Rte.

Saint St.

Savings Sav.

School Sch.

Securit[y, ies] Sec.

Service Serv.
Sociedad Anónima, Societá in accomandita per azioni, Société Anonyme S.A.

Societá per Azioni S.p.A.

Société à Responsabilité Limitée S.A.R.L.

Society Socy.

South[ern] S.

Square Sq.

Standard Std.

Station Sta.

Steamship[s] S.S.

Storage Stor.

Street St.

Superintendent Supt.

Surety Sur.

System[s] Sys.

Techn[ical, ology, ologies] Tech.

Tele[gram, graph, phone, vision] Tel.

Telecommunication[s] Telecom.

Terminal Term.

Theatrical Theat.

Theological Theol.

Title Tit.

Township Twp.

Transit Tr.

Transport[ation] Transp.

Treasurer Treas.

Tribunal Trib.

Unitarian Unit.

University Univ.

Utilit[y, ies] Util.

Valley Val.

Vehicle Veh.

Vicinity Vic.

Village Vil.

West[ern] W.

APPENDIX 2

ABBREVIATION OF CASE LAW REPORTS

Contents

A. New York

B. Federal

C. Other Reports

D. Public Domain Citation

A. NEW YORK

Abbott's New Cases	Abb NC
Abbott's Court of Appeals Decisions	Abb Ct App
Abbott's Practice Reports	Abb Prac
Abbott's Practice Reports, New Series	Abb Prac [NS]
Anthon's Nisi Prius Cases	Anth NP, Anth NP2d
Appellate Division Reports 1st Series	App Div
Appellate Division Reports 2d Series	AD2d
Appellate Division Reports 3d Series	AD3d

Barbour's Supreme Court Reports	Barb
Barbour's Chancery Reports	Barb Ch
Bosworth's Superior Court Reports	Bosw
Bradbury's Pleading and Practice Reports	Bradb
Bradford's Surrogate's Reports	Bradf

Caines' Cases	Caines' Cas
Caines' Reports	Caines
Chancery Sentinel	Ch Sent
City Court Reports (NY)	NY City Ct Rep
City Hall Recorder (NY)	NY City H Rec
City Hall Reporter (NY)	NY City H Rptr
Civil Procedure Reports	NY Civ Pro Rep
Civil Procedure Reports, New Series	NY Civ Pro Rep [NS]
Clarke's Chancery Reports	Clarke Ch
Code Reporter	NY Code Rptr
Code Reporter, New Series	NY Code Rptr [NS]
Code of Procedure Reports, New Series	NY Code Pro Rep [NS]
Coleman's Cases	Colem Cas
Coleman & Caines' Cases	Colem & C Cas
Connoly's Surrogate's Reports	Connoly
Court of Claims Reports	NY Ct Cl
Cowen's Criminal Reports	Cow Crim Rep
Cowen's Reports	Cow

Daly's Common Pleas Reports	Daly
Demarest's Surrogate's Reports	Dem
Denio's Reports	Denio
Duer's Superior Court Reports	Duer

E and F

E.D. Smith's Common Pleas Reports	ED Smith
Edmond's Select Cases	Edm Sel Cas
Edwards' Chancery Reports	Edw Ch

G and H

Gibbons' Surrogate's Reports	Gibbons
Hall's Superior Court Reports	Hall
Hill & Denio, Lalor's Supplement	Hill & Denio
Hill's Reports	Hill
Hilton's Common Pleas Reports	Hilt
Hoffman's Chancery Reports	Hoff Ch
Hopkins' Chancery Reports	Hopk Ch
Howard's Court of Appeals Cases	How App Cas
Howard's Practice Reports	How Prac
Howard's Practice Reports, New Series	How Prac [NS]
Hun's Supreme Court Reports	Hun

I and J

Johnson's Cases	Johns Cas
Johnson's Chancery Reports	Johns Ch
Johnson's Reports	Johns
Jones and Spencer's Superior Court Reports	Jones & Sp

K and L

Keyes' Reports	Keyes
Lansing's Reports	Lans
Lansing's Chancery Reports	Lans Ch
Livingston's Judicial Opinions	Liv Jud Op
Lockwood's Reversed Cases	Lock Revd Cas

Mills' Surrogate Reports	Mills
Miscellaneous Reports	Misc
Miscellaneous Reports 2d Series	Misc 2d
Miscellaneous Reports 3d Series	Misc 3d

New York Annotated Cases	NY Ann Cas
New York City Court Reports	NY City Ct Rep
New York City Hall Recorder	NY City H Rec
New York City Hall Reporter	NY City H Rptr
New York Civil Procedure Reports	NY Civ Pro Rep
New York Civil Procedure Reports, New Series	NY Civ Pro Rep [NS]
New York Code Reporter	NY Code Rptr
New York Code Reporter, New Series	NY Code Rptr [NS]
New York Code of Procedure Reports, New Series	NY Code Pro Rep [NS]
New York Criminal Reports	NY Crim Rep
New York Law Journal	NYLJ
New York Leading Cases, Annotated	NYLC Ann
New York Legal Observer	NY Leg Obs
New York Monthly Law Bulletin	NY Monthly Law Bull
New York Reports	NY
New York Reports 2d Series	NY2d
New York Reports 3d Series	NY3d
New York State Court of Claims Reports	NY Ct Cl
New York State Department of Education Reports	36 Ed Dept Rep 508 [Decision No. 13,787] [Note: decisions in volumes 1-49] 51 Ed Dept Rep, Decision No. 16,256 [Note: decisions in volume 50 and above]
New York State Department Reports	NY St Dept Rep
New York State Labor Relations Board, Decisions and Orders of	NYSLRB
New York State Law Digest	NY St Law Digest
New York State Reporter	NY St Rptr
New York Superior Court Reports (by Reporter)	Hall Sandf Duer Bosw Robt Sweeny Jones & Sp Sheld
New York Supplement	NYS, NYS2d
New York Weekly Digest	NY Week Dig

O and P

Paige's Chancery Reports	Paige Ch
Parker's Criminal Reports	Parker Crim Rep
Power's Surrogates' Reports	Power
Public Employment Relations Board Reports	31 PERB ¶ 3050 [1998]
Public Service Commission of New York, Reports of	34 NY PSC 1524 [Op No. 94-24]
Public Service Commission of New York, First District, Proceedings of	19 PSCR [1st Dist, NY] 142
Public Service Commission of New York, Second District, Reports of Decisions of	9 PSCR [2d Dist, NY] 444

Q and R

Redfield's Surrogates' Reports	Redf
Robertson's Superior Court Reports	Robt

Sandford's Chancery Reports	Sandf Ch
Sandford's Superior Court Reports	Sandf
Selden's Notes of Cases	Seld Notes
Sheldon's Reports	Sheld
Silvernail's Court of Appeals Reports	Silvernail Ct App
Silvernail's Supreme Court Reports	Silvernail
Smith's (E.D.) Common Pleas Report	ED Smith
Sweeny's Superior Court Reports	Sweeny

Thompson and Cook's Supreme Court Reports	Thomp & C
Transcript Appeals	Transc App
Tucker's Surrogate's Reports	Tuck

U, V and W

Wendell's Reports	Wend
Wheeler's Criminal Cases	Wheel Crim Cas

X, Y and Z

Yates' Select Cases

Yates' Sel Cas

B. FEDERAL

Bankruptcy Reporter

Federal Appendix

Fed Appx

Federal Cases

22 F Cas 584 (ED Mo 1872, No. 13,071)

Federal Claims Reporter [1992-date] [see also US Court of Claims Reports and US Claims Court Reporter]

Fed Cl

Federal Reporter Series

F, F2d, F3d

Federal Rules Decisions

FRD

Federal Supplement Series

F Supp, F Supp 2d

Interstate Commerce Commission Reports

ICC

Motor Carrier Cases, Interstate
Commerce Commission Reports

MCC

Supreme Court Reporter

S Ct

US Claims Court Reporter [1982-1992] [see also US Court of Claims Reports and Federal Claims Reporter]

Cl Ct

US Court of Claims Reports [1863-1982] [see also US Claims Court Reporter and Federal Claims Reporter]

Ct Cl

US Law Week

USLW

US Reports (beginning with 91 US)

US Reports (by Reporter, up to and including 90 US)

Dallas—	1 Dallas [1 US]
Cranch—	1 Cranch [5 US]
Wheaton—	2 Wheat [15 US]
Peters—	5 Pet [30 US]
Howard—	3 How [44 US]
Black—	1 Black [66 US]
Wallace—	4 Wall [71 US]

US Supreme Court Reporter

S Ct

US Supreme Court Reports, Lawyers' Edition

L Ed, L Ed 2d

US Tax Court

C. OTHER REPORTS

A and B

Alabama Appellate Court Reports [1910-1976]	Ala App
Alabama Reports [1840-1976]	Ala
Alaska Reports [1884-1959]	Alaska
American Maritime Cases	AMC
American Reports	Am Rep
American State Reports	Am St Rep
Arizona Reports [1866-date]	Ariz
Arizona Court of Appeals Reports [1965-1976]	Ariz App
Arkansas Appellate Reports [1981-2009]	Ark App
Arkansas Reports [1837-2009]	Ark
Atlantic Reporter	A, A2d, A3d

California Appellate Reports [1905-date]	Cal App, Cal App 2d, Cal App 3d, Cal App 4th
California Appellate Reports Supplement Series	Cal App Supp, Cal App 2d Supp, Cal App 3d Supp, Cal App 4th Supp
California Reporter [1959-date]	Cal Rptr, Cal Rptr 2d, Cal Rptr 3d
California Reports [1850-date]	Cal, Cal 2d, Cal 3d, Cal 4th
Colorado Reports [1864-1980]	Colo
Colorado Court of Appeals Reports [1891-1915; 1970-1980]	Colo App
Connecticut Appellate Reports [1983-date]	Conn App
Connecticut Reports [1814-date]	Conn
Connecticut Supplement [1935-date]	Conn Supp
Criminal Law Reporter	Crim L Rptr [BNA]

Delaware Reports [1920-1966]	Del
Delaware Chancery Reports [1814-1968]	Del Ch
District of Columbia Appeals [1893-date]	US App DC
District of Columbia Reports	DC

E and F

Florida Reports [1846-1948]	Fla
Florida Supplement [1948-1992]	Fla Supp, Fla Supp 2d

Georgia Appeals Reports [1907-date]	Ga App
Georgia Reports [1846-date]	Ga

Hawaii Appellate Reports [1980-1994]	Haw App
Hawaii Reports [1847-date]	Haw

Idaho Reports [1866-date]	Idaho
Illinois Appellate Court Reports [1877-2011]	Ill App, Ill App 2d, Ill App 3d
Illinois Court of Claims Reports [1889-date]	Ill Ct Cl
Illinois Reports [1849-2011]	Ill, Ill 2d
Indiana Appellate Court Reports [1890-1979]	Ind App
Indiana Reports [1848-1981]	Ind
Iowa Reports [1855-1968]	Iowa

J and K

Kansas Court of Appeals Reports [1895-1901; 1977-date]	Kan App, Kan App 2d
Kansas Reports [1862-date]	Kan
Kentucky Reports [1785-1951]	Ky

Louisiana Annual Reports [1846-1900]	La Ann
Louisiana Courts of Appeal Reports [1924-1932]	La App
Louisiana Reports [1900-1972]	La

Maine Reports [1820-1965]	Me
Maryland Reports [1851-date]	Md
Maryland Appellate Reports [1967-date]	Md App
Massachusetts Appeals Court Reports [1972-date]	Mass App Ct
Massachusetts Reports [1804-date]	Mass
Michigan Court of Appeals Reports [1965-date]	Mich App
Michigan Reports [1847-date]	Mich
Minnesota Reports [1851-1977]	Minn
Mississippi Reports [1818-1966]	Miss
Missouri Appeal Reports [1876-1952]	Mo App
Missouri Reports [1821-1956]	Mo
Montana Reports [1868-date]	Mont

Nebraska Appellate Reports [1992-date]	Neb App
Nebraska Reports [1860-date]	Neb
Nevada Reports [1865-date]	Nev
New Hampshire Reports [1816-date]	NH
New Jersey Reports [1948-date]	NJ
New Jersey Superior Court Reports [1948-date]	NJ Super
New Jersey Tax Court Reports [1979-date]	NJ Tax
New Mexico Reports [1852-date]	NM
North Carolina Reports [1868-date]	NC
North Carolina Court of Appeals Reports [1968-date]	NC App
North Dakota Reports [1890-1953]	ND
Northeastern Reporter	NE, NE2d

Northwestern Reporter	NW, NW2d

Ohio Appellate Reports [1913-date]	Ohio App, Ohio App 2d, Ohio App 3d
Ohio Miscellaneous Reports [1965-date]	Ohio Misc, Ohio Misc 2d
Ohio Opinions [1934-1982]	Ohio Op, Ohio Op 2d, Ohio Op 3d
Ohio State Reports [1852-date]	Ohio St, Ohio St 2d, Ohio St 3d
Oklahoma Reports [1890-1953]	Okla
Oregon Reports [1853-date]	Or
Oregon Court of Appeals Reports [1969-date]	Or App

Pacific Reporter	P, P2d, P3d
Pennsylvania Commonwealth Court Reports [1970-1994]	Pa Commw
Pennsylvania District and County Reports [1921-date]	Pa D & C, Pa D & C 2d, Pa D & C 3d, Pa D & C 4th
Pennsylvania State Reports [1845-date]	Pa
Pennsylvania Superior Court Reports [1895-1997]	Pa Super
Public Utilities Reports	20 PUR3d 65, 108 PUR4th 81
Public Utilities Reports, New Series	52 PUR [NS] 65

Q and R

Rhode Island Reports [1828-1980]

South Carolina Reports [1868-date]	SC
South Dakota Reports [1890-1976]	SD
Southeastern Reporter	SE, SE2d
Southern Reporter	So, So 2d, So 3d
Southwestern Reporter	SW, SW2d, SW3d

Tennessee Court of Appeals Reports [1925-1971]	Tenn App
Tennessee Reports [1870-1971]	Tenn
Texas Criminal Reports [1876-1963]	Tex Crim
Texas Reports [1846-1962]	Tex

Utah Reports [1851-1974]

Utah, Utah 2d

Vermont Reports [1826-date]	Vt
Virginia Reports [1881-date]	Va

Virginia Court of Appeals Reports [1985-date]	Va App

W, X, Y and Z

Washington Court of Appeals Reports [1969-date]	Wash App
Washington Reports [1889-date]	Wash, Wash 2d
West Virginia Reports [1864-date]	W Va
Wisconsin Reports [1853-date]	Wis, Wis 2d
Wyoming Reports [1870-1959]	Wyo

D. PUBLIC DOMAIN CITATION

Several jurisdictions have implemented public domain citation for all or some of their courts. A public domain citation is assigned by the court or the Reporter of Decisions and is not associated with a particular vendor or a particular medium of publication. The citation formats adopted by these jurisdictions are listed below and the style rule governing these citations is found in section 2.3 (c) (4).

Arkansas [2009-date] 2009 Ark 12
2009 Ark App 318

Colorado [2012-date] 2012 CO 22
2012 COA 35

Illinois [2011-date] 2011 IL 102345
2011 IL App (1st) 101234
2011 IL App (1st) 101234WC

Louisiana [1994-date] 93-2345 (La [add date])
93-2345 (La App 1 Cir [add date])

Maine [1997-date] 1997 ME 7

Mississippi [1997-date] 2010-CA-01084-SCT (Miss 2012)
2010-CA-00400-COA (Miss Ct App 2012)

Montana [1998-date] 1998 MT 1
1998 MT 1N [opinions not to be cited as precedent]
1998 MT 1W [opinions withdrawn or vacated]
1998 MT 1A [opinions amended]

New Mexico [1996-date] 2011-NMSC-028
2003-NMCA-064

North Dakota [1997-date] 1997 ND 231
1998 ND App 2

Ohio [2002-date] 2002-Ohio-2220
2005-Ohio-1797 (11th Dist)
2006-Ohio-6918 (MC)

Oklahoma [1997-date] 1997 OK 22
1997 OK CR 24
1997 OK CIV APP 1

Pennsylvania [1999-date] 1999 PA Super 1

South Dakota [1996-date] 1996 SD 15

Utah [1999-date] 1999 UT 16
1999 UT App 16

Vermont [2003-date] 2003 VT 1

Wisconsin [2000-date] 2000 WI 14
2001 WI App 9

Wyoming [2001-date] 2001 WY 12

APPENDIX 3

APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS

affidavit	aff
affirmed	affd
affirmed on other grounds	affd on other grounds
affirming	affg
amended	Do not abbreviate
amending	amdg
amendment(s)	amend(s)
Annotated/Annual	Ann
appeal(s)	Do not abbreviate
article	art
certiorari	cert
certiorari denied	cert denied
certiorari dismissed	cert dismissed
certiorari granted	cert granted
Circuit	Cir
clause	cl
Conference	Conf
Criminal	Crim
cum testamento annexo	c.t.a.
edition	ed
effective	eff
et alii (and other variations)	et al.
et sequens (and other variations)	et seq.
exempli gratia	e.g.
footnote, footnotes	n, nn
ibidem	ibid.
idem	id.
id est	i.e.
leave	lv
Legislative	Legis
memorandum	mem
modified	mod
modifying	modfg
motion	mot
motion for leave to appeal denied	lv denied
motion for leave to appeal dismissed	lv dismissed
motion for leave to appeal granted	lv granted
motion for reargument denied	rearg denied
motion for reargument dismissed	rearg dismissed
motion for reargument granted	rearg granted

New York	NY

opere citato	op. cit.
opinion	op
paragraph	para; ¶
Practice	Prac
reargument	rearg
Record	Rec
Register	Reg
rehearing	reh
renumbered	renum
Report	Rep
reversed	revd
reversing	revg
revised	rev
subdivision	subd
subsection	subsec
sub nomine	sub nom.
Supplementary Pamphlet	Supp Pamph
transcript	tr
videlicet	viz.
volume	vol

APPENDIX 4

STYLE AND ABBREVIATION OF PARTICULAR STATUTES

Contents

A. Current New York Statutes

B. Repealed or Superseded New York Statutes

C. Federal Statutes

Use abbreviated form within parentheses. Either full or abbreviated form may be used in running text.

A. CURRENT NEW YORK STATUTES

Abandoned Property Law § __

Administrative Code of the City of New York § __, or Administrative Code of City of NY § __ (when repeated may be shortened to Administrative Code § __)

Agriculture and Markets Law § __

Alcoholic Beverage Control Law § __

Alternative County Government Law § __

Arts and Cultural Affairs Law § __

Banking Law § __

Benevolent Orders Law § __

Business Corporation Law § __

Canal Law § __

Civil Practice Law and Rules § 3211 (a), or CPLR 3211 (a)

Civil Rights Law § __

Civil Service Law § __

CLS Unconsolidated Laws of NY § __, or CLS Uncons Laws of NY § __

Cooperative Corporations Law § __

Correction Law § __

County Law § __

Court of Claims Act § __

Criminal Procedure Law § 540.10, or CPL 540.10

Debtor and Creditor Law § __

Domestic Relations Law § __

Economic Development Law § __

Education Law § __

Elder Law § __

Election Law § __

Eminent Domain Procedure Law § 512, or EDPL 512

Employers' Liability Law § __

Energy Law § __

Environmental Conservation Law § 11-0529, or ECL 11-0529

Estates, Powers and Trusts Law § 2-1.9, or EPTL 2-1.9

Executive Law § __

Family Court Act § __, or Family Ct Act § __

Financial Services Law § __

General Associations Law § __

General Business Law § __

General City Law § __

General Construction Law § __

General Municipal Law § __

General Obligations Law § __

Highway Law § __

Indian Law § __

Insurance Law § __

J and K

Judiciary Law § __

Labor Law § __

Legislative Law § __

Lien Law § __

Limited Liability Company Law § __

Local Finance Law § __

Local Law No. 5 (1940) of City of New York § __, or Local Law No. 5 (1940) of City of NY § __ (when repeated may be shortened to Local Law No. 5 or Local Law 5)

Local Law No. 3-2011 of the County of Nassau [Note: use the numbering format used by the municipality. When the date is clearly included in the local law number, do not repeat the date in parentheses]

McKinney's Unconsolidated Laws of NY § __, or McKinney's Uncons Laws of NY § __ (when repeated may be shortened to Uncons Laws § __)

Mental Hygiene Law § __

Military Law § __

Multiple Dwelling Law § __

Multiple Residence Law § __

Municipal Home Rule Law § __

N and O

Navigation Law § __

New York City Charter § __, or NY City Charter § __

New York City Civil Court Act § 1609, or NY City Civ Ct Act § 1609, or CCA 1609

New York City Criminal Court Act § __, or NY City Crim Ct Act § __

New York City Health Code (24 RCNY) § __, or NY City Health Code (24 RCNY) § __

New York City Zoning Resolution § __, or NY City Zoning Resolution § __ (when repeated may be shortened to Zoning Resolution § __ or ZR § __)

Not-For-Profit Corporation Law § 201, or N-PCL 201

P and Q

Parks, Recreation and Historic Preservation Law § 14.01, or PRHPL 14.01

Partnership Law § __

Penal Law § __

Personal Property Law § __

Private Housing Finance Law § __

Public Authorities Law § __

Public Buildings Law § __

Public Health Law § __

Public Housing Law § __

Public Lands Law § __

Public Officers Law § __

Public Service Law § __

Racing, Pari-Mutuel Wagering and Breeding Law § __

Railroad Law § __

Rapid Transit Law § __

Real Property Actions and Proceedings Law § 1361, or RPAPL 1361

Real Property Law § __

Real Property Tax Law § 402, or RPTL 402

Religious Corporations Law § __

Retirement and Social Security Law § __

Rural Electric Cooperative Law § __

Second Class Cities Law § __

Social Services Law § __

Soil and Water Conservation Districts Law § __

State Administrative Procedure Act § __

State Finance Law § __

State Law § __

State Printing and Public Documents Law § __

State Technology Law § __

Statute of Local Governments § __

Surrogate's Court Procedure Act § 201, or SCPA 201

Tax Law § __

Town Law § __

Transportation Corporations Law § __

Transportation Law § __

Uniform City Court Act § 1403, or Uniform City Ct Act § 1403, or UCCA 1403

Uniform Commercial Code § 3-305, or UCC 3-305

Uniform Commercial Code § 3-305, Comment 6, or UCC 3-305, Comment 6

Uniform District Court Act § 1508, or Uniform Dist Ct Act § 1508, or UDCA 1508

Uniform Justice Court Act § 1904, or Uniform Justice Ct Act § 1904, or UJCA 1904

Vehicle and Traffic Law § __

Village Law § __

Volunteer Ambulance Workers' Benefit Law § __

Volunteer Firefighters' Benefit Law § __

W, X, Y and Z

Workers' Compensation Law § __

B. REPEALED OR SUPERSEDED NEW YORK STATUTES

Civil Practice Act § __, or Civ Prac Act § __

Code of Civil Procedure § __, or Code Civ Pro § __

Code of Criminal Procedure § __, or Code Crim Pro § __

Decedent Estate Law § __

Penal Code of 1881 § __

Penal Law of 1909 § __

2 Revised Statutes of New York, part IV, ch I, tit I, § 5 (3) at 657 (1st ed 1829), or 2 Rev Stat of NY, part IV, ch I, tit I, § 5 (3) at 657 (1st ed 1829)

C. FEDERAL STATUTES

Bankruptcy Act of 1898 (11 USC) § __

1978 Bankruptcy Code (11 USC) § __

Internal Revenue Code (26 USC) § __

Kidnapping Act (18 USC) § __

28 USC § __

US Revised Statutes § __, or US Rev Stat § __

APPENDIX 5

STYLE OF PARTICULAR WORDS

A
ab initio	amicus curiae
above-cited	a posteriori
account receivable (s.)	a priori
accounts receivable (pl.)	arguendo
ad damnum	arm's length
ad hoc	Associate's degree
ad infinitum	attorney-at-law
ad valorem	Attorney General
a fortiori	attorney-in-fact
AIDS	at-will employee
Alco-Sensor	audiotape
also known as (do not abbreviate)	autopen
amici curiae

B
baby-sit(ter, ting)	blue sky law
backlog	bona fide
backup (adj.)	bona fides
backseat	breathalyzer
bar	bright-line (adj.)
bench	buyout
biannual (twice a year)	bylaw
biennial (every two years)	by-product
biweekly

C
case-in-chief	corpus
case law	corpus delicti
case load	correction officer
caseworker
causa mortis	cotortfeasor
caveat emptor	counsel (s. and pl.)
Central Register of Child Abuse and Maltreatment	counselor-at-law
cesarean section	counterclaim
cestui que trust	countermotion
cestuis que trustent	courthouse
circa	courtroom
city marshal	coworker
claimant-appellant	cross appeal (n.)
class A-I felony	cross-appeal (v.)
cocounsel	cross claim (n.)
codefendant	cross-claim (v.)
commingle	cross complaint
common law (n.)	cross-examine
common-law (adj.)	cross-examination
commonsense (adj.)	cross motion
cooperative	cross-move
co-owner	cy pres
coram nobis

D
damage (n.) (referring to injury to person or property)	de minimis
damages (n.) (referring to compensation for injury)	de novo
database	dicta
decedent (lowercase)
de facto	dictum
defendant-appellant	doing business as (do not abbreviate)
defendant Smith	Dow Jones Average
defendant trustee	down payment
dehors	Down syndrome
de jure	DVD (digital video disk)

E
ejusdem generis	ex officio
election day	ex parte
email	ex post facto
en banc	ex-wife
evidence-in-chief	executor de son tort
ex contractu	eyewitness
ex-husband

F
factfinder	forego (to go before)
fact-finding (adj. and n.)	forgo (to waive)
farfetched	Form U4
far-reaching	forum non conveniens
father-in-law	401(k) (no space between section and subsection)
fellow-servant rule	four year old
firefighter	four-year-old child
fire marshal	four-year period
firsthand (adj.)
fire marshal	four-year period

G
Golub notice	grand jury
good faith (adj. and n.)	guardian ad litem
goodwill

H
habeas corpus	health care
half brother	High Court (Supreme Court of the United States or New York Court of Appeals)
Hawaii; Hawai‘i	HIV-positive (adj.)

I
impleaded defendant-respondent	in personam
in absentia	in praesenti
inasmuch	in rem
in camera	insofar
indicia	in statu quo
in forma pauperis	inter alia
in futuro	Internet
injury-in-fact	in terrorem
in limine	inter se
in loco delicti	interstate
in loco parentis	intervenor-defendant-respondent
in pais	inter vivos
in pari delicto	in toto
in pari materia	ipse dixit
inpatient	ipso facto

J
job site

K
kidnap	kidnapping
kidnapped

L
lawsuit	lis pendens
layperson	long-arm (adj.)
Lexis (but LEXIS in citations)	long-standing (adj.)
lienholder	lump-sum settlement
limited liability company (do not hyphenate)
lineup

M
mandamus	mens rea
marihuana; marijuana	MetroCard
Master's degree	Mirandized (not ital.)
mechanic's lien	mother-in-law
Medicaid	multifamily
Medicare	multistory
memoranda or memorandums (pl.)	multivehicle

N
nationwide	nonhearsay
next of kin	nonparty
nexus	nonpermanent
90/180-day	non sequitur
nisi prius	non sui juris
no-fault	nonworking
noncompliance	non-work-related
non compos mentis	nunc pro tunc

O
obiter dictum	on-site (adj.)
offset (n. and v.)	on site (n.)
ongoing	overall
online	overruled

P
parens patriae	postplea
party in interest	postrelease supervision
pat down (n.)	posttermination
pat-down search (adj.)	posttrial
pendente lite	pre-answer
per capita	prearraignment delay
percent	preexisting
per curiam	prejudgment
per diem	premises (always takes plural verb)
per se	preplea
per stirpes	presentence report
petitioner-respondent	pretrial
Ph.D.	prima facie
plaintiff and judgment creditor	primary day
plaintiff-appellant	pro bono
plaintiff husband	pro forma
plaintiff-respondent	pro hac vice
plead (present tense)	pro rata
pleaded (past tense)	pro se
plexiglas	pro tanto
policyholder	pro tem
policy-making (adj.)	pro tempore
policymaking (n.)	proved
postjudgment	proven (adj.)
post-note of issue	purchase-money mortgage

Q
qua	quasi-judicial
quantum	quitclaim
quantum meruit	quondam
quasi	quo warranto
quasi contract

R
reargument	re-serve (serve again)
record keeping (n.)	res gestae
re-cross-examination	res ipsa loquitur
Regulation 68	res judicata (not res adjudicata)
rent-controlled (adj.)	respondeat superior
rent-stabilized (adj.)	right-of-way
re-present (present again)	rule-making (adj.)
res	rulemaking (n.)
rescission

S
safe deposit box	so-called
same-sex (adj.)	Social Security
sans	stare decisis
scienter	statewide
secondhand (adj.)	station house
self-defense	status quo
self-evident	statute of frauds
self-incrimination	statute of limitations (s.)
self-interest	statutes of limitations (pl.)
setoff (n.)	stepdaughter
set off (v.)	stepfather
set-off (adj.)	sua sponte
showup	sub judice
shut off (v.)	subpoena; subpoena duces tecum (do not join oe)
shutoff (n. and adj.)	sub silentio
sic	successor in interest
sine die	surreply
sine qua non

T
third-party action	Totten trust
trustee (lowercase)
third-party defendant	twofold
time-barred	two-family
tortfeasor

U
ultra vires	upstate
Unified Court System

V
vacatur	vide
verbatim	videotape
vice versa	vis-à-vis
vice-president	voir dire

W
website	workload
well-being	workplace
whistleblower	work site
workfare	World War II
work force	World Wide Web

X, Y and Z
X ray (n.)	X-ray (v.)

APPENDIX 6

TITLES IN VARIOUS ACTIONS AND PROCEEDINGS, WITH CASE NAMES

The following model titles are merely illustrative. Variations may be required in certain titles.

ABUSED CHILDREN

In the Matter of Tina Marie H., a Child Alleged to be Abused. Commissioner of the New York City Department of Social Services, Respondent; Cindy L., Appellant.

case name: Matter of Tina Marie H. (Cindy L.)

ACCOUNTING

In the Matter of the Accounting of James W. Osborne, as Executor and Trustee under the Will of Eugene La Grove, Deceased, Appellant. Ivy L. La Grove, Respondent.

case name: Matter of Osborne (La Grove)

ADMINISTRATORS

Helen Immediate, as Administrator of the Estate of Louis J. Immediate, Deceased, Appellant, v St. John's Queens Hospital, Defendant, and Joseph S. Spindler, Respondent.

case name: Immediate v St. John's Queens Hosp.

Ethel Kornblut, Individually and as Administrator of the Estate of Fred Kornblut, Deceased, Appellant, v Chevron Oil Company et al., Respondents, et al., Defendants.

case name: Kornblut v Chevron Oil Co.

ADOPTION AND TERMINATION OF PARENTAL RIGHTS

In the Matter of the Adoption of Jessica Marie R., an Infant.

case name: Matter of Jessica Marie R.

In the Matter of Jessica M., an Infant. Karen M., Petitioner; Daniel F. et al., Respondents.

case name: Matter of Jessica M. (Karen M.—Daniel F.)

In the Matter of the Custody of Judy G. and Another, Infants. Jewish Child Care Association, Petitioner; Benjamin G. et al., Respondents.

case name: Matter of Judy G. (Benjamin G.)

ARBITRATION

In the Matter of the Arbitration between Acting Superintendent of Schools of Liverpool Central School District, Appellant, and United Liverpool Faculty Association et al., Respondents. [Note: This is the preferred form for arbitration titles.]

case name: Matter of Acting Supt. of Schs. of Liverpool Cent. Sch. Dist. (United Liverpool Faculty Assn.)

In the Matter of Wyandanch Union Free School District, Respondent-Appellant, v Wyandanch Teachers Association, by Wanda Williams, as President, Appellant-Respondent. [Note: This is an acceptable form for arbitration titles.]

case name: Matter of Wyandanch Union Free Sch. Dist. v Wyandanch Teachers Assn.

ARTICLE 78 PROCEEDINGS

In the Matter of Aaron Chervin, Petitioner, v Thomas A. Duffy et al., Constituting the State Liquor Authority, Respondents.

case name: Matter of Chervin v Duffy

In the Matter of Roberts Real Estate, Inc., et al., Petitioners, v New York State Department of State, Division of Licensing Services, Respondent.

case name: Matter of Roberts Real Estate, Inc. v New York State Dept. of State, Div. of Licensing Servs.

BOARDS, COMMISSIONS, ETC.

In the Matter of David K. Wong, Respondent, v Edward J. Mahoney et al., Constituting the Board of Elections of Erie County, Respondents, and William L. Marcy, Jr., Appellant.

case name: Matter of Wong v Mahoney

CLASS ACTIONS

Anthony S. Votta, on Behalf of Himself and All Others Similarly Situated, Respondent, v Janet Selleck, Appellant.

case name: Votta v Selleck

Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 through 1977-1978, Respondents, v City of Rochester, Appellant.

case name: Chiarella v City of Rochester

CONDEMNATION

In the Matter of City of New York, Appellant, Relative to Acquiring Title in Fee Simple for the Mill Creek Phase 1, Staten Island Bluebelt System.

case name: Matter of City of New York (Mill Cr. Phase 1, Staten Is. Bluebelt Sys.)

In the Matter of Village of Newark Urban Renewal Agency, Appellant, Relative to Acquiring Title to Real Property for an Urban Renewal Project Known as Newark Midtown Project in the Village of Newark. Newark Grange No. 366 et al., Respondents.

case name: Matter of Village of Newark Urban Renewal Agency (Newark Grange No. 366)

In the Matter of the Acquisition of Real Property by the County of Broome, Appellant. Miller Facilities Corporation et al., Respondents.

case name: Matter of County of Broome (Miller Facilities Corp.)

CONSERVATORSHIP

In the Matter of the Conservatorship of Susan E. Wargold, Also Known as Susan Serlin.

case name: Matter of Wargold

CORPORATE DISSOLUTION (REHABILITATION OR LIQUIDATION)

In the Matter of the Dissolution of St. Paul Fire and Marine Insurance Company. Roger Heasley, Appellant; Hewlett Gibson et al., Respondents.

case name: Matter of St. Paul Fire & Mar. Ins. Co.

In the Matter of the Dissolution of Jones Company, Appellant. Rupert White, Respondent.

case name: Matter of Jones Co. (White)

In the Matter of the Rehabilitation of Frontier Insurance Company. Callon Petroleum, Appellant, v New York State Department of Insurance, as Rehabilitator of Frontier Insurance Company, Respondent.

case name: Matter of Frontier Ins. Co.

In the Matter of Shiv Shankar Gupta, for the Dissolution of Radiant Gems and Minerals, Inc. Radiant Gems and Minerals, Inc., Respondent, v Tech Gem Corporation et al., Appellants.

case name: Matter of Gupta

COURT OF CLAIMS ACTIONS

William J. Wilson, III, Claimant, v State of New York, Defendant. (Claim No. 63044.)

case name: Wilson v State of New York

CRIMINAL ACTIONS

The People of the State of New York, Respondent, v Harry E. Wenzel, Also Known as Harry Edward Wenzel, Jr., Appellant.

case name: People v Wenzel

The People of the State of New York, Plaintiff, v George Ioannidis, Daniel H. Nassif, Christopher Somalis and John Rodriguez, Defendants.

case name: People v Ioannidis

DISCIPLINARY PROCEEDINGS

In the Matter of Lawrence M. Rosenberg (Admitted as Lawrence Matthew Rosenberg), a Suspended Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner.

case name: Matter of Rosenberg

In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Committee on Professional Standards, Petitioner; Alice A. Jones, Respondent.

case name: Matter of Attorneys in Violation of Judiciary Law § 468-a (Jones)

DOING BUSINESS AS

Central Trust Company, Respondent, v Arnold J. Goldman et al., Individually and Doing Business as Goldman & Goldman, Appellants.

case name: Central Trust Co. v Goldman

ESTATES AND PROBATE PROCEEDINGS

In the Matter of the Estate of Kathleen Frazier, Deceased. Robert G. Lamb, Jr., Appellant; William J. Frazier, as Executor of Kathleen Frazier, Deceased, Respondent.

case name: Matter of Frazier

FORECLOSURE

In the Matter of the Foreclosure of Tax Liens by the County of Rensselaer, Respondent. Riverside Avenue Corporation, Appellant.

case name: Matter of County of Rensselaer (Riverside Ave. Corp.)

In Rem Tax Foreclosure Action No. 47. City of New York, Appellant; Max Melamed et al., Respondents.

case name: In Rem Tax Foreclosure Action No. 47

In the Matter of Tax Foreclosure of 2000 and Prior Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law. Town of Greenburgh, Respondent; Route 9A Realty Corporation, Appellant.

case name: Matter of Tax Foreclosure of 2000 & Prior Liens

GRAND JURY REPORTS

In the Matter of the Second Report of the September 1975 Grand Jury of the County of Erie. Two Public Officials Named in the Above-Entitled Report, Appellants; William H. Power, as District Attorney of the County of Erie, Respondent.

case name: Matter of Second Report of Sept. 1975 Grand Jury of County of Erie

GROUP LITIGATION (STOCK, ASBESTOS, LEAD PAINT, ETC.)

In the Matter of Omnicon Group Inc. Shareholder Derivative Litigation. Gary Otterbach et al., Respondents, v Bruce Crawford et al., Appellants, and Omnicon Group Inc., Respondent.

case name: Matter of Omnicon Group Inc. Shareholder Derivative Litig.

GUARDIANSHIP

In the Matter of the Guardianship of Daniel Aaron D., an Infant. Louise Wise Services, as Guardian and Custodian of Daniel Aaron D., Respondent; Phoebe D., Appellant.

case name: Matter of Daniel Aaron D. (Phoebe D.)

In the Matter of Ester Chachkers, as Director of Social Services of New York University Medical Center, Petitioner, for the Appointment of a Guardian of the Person and Property of Shirley W.

case name: Matter of Chachkers (Shirley W.)

HABEAS CORPUS

The People of the State of New York ex rel. Nasar Abdul Aziz, Also Known as Raymond Gilliard, Petitioner, v Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent.

case name: People ex rel. Aziz v LeFevre

The People of the State of New York ex rel. Eric Travis, on Behalf of Jack Jones, Appellant, v Samuel Tweed, as Commissioner of the Fishkill Correctional Facility, Respondent.

case name: People ex rel. Travis v Tweed

In the Matter of Mental Hygiene Legal Service, on Behalf of Camille H., Appellant, v Dennis Dubey, Respondent.

case name: Matter of Mental Hygiene Legal Serv. v Dubey

INCAPACITATED PERSONS

In the Matter of Arnold O., a Person Alleged to be Incapacitated. James T. Towne, Jr., as Guardian of Arnold O., Appellant; John T. Biscone, Respondent.

case name: Matter of Arnold O. (Biscone)

In the Matter of Michael V. Jones, Petitioner, for the Appointment of a Guardian of the Property of John B. DeSantis, Sr., an Alleged Incapacitated Person.

case name: Matter of Jones (DeSantis)

In the Matter of Stephen G., Appellant. Commissioner of New York State Office of Mental Health, Respondent.

case name: Matter of Stephen G. (Commissioner of N.Y. State Off. of Mental Health)

INFANTS

Norman B., as Parent and Natural Guardian of Philip B., an Infant, Appellant, v Sara Levitt, Respondent.

case name: Norman B. v Levitt

Lawrence R., an Infant, by Frederick H.R., Jr., His Father and Natural Guardian, et al., Respondents, v Louise Snyder et al., Appellants.

case name: Lawrence R. v Snyder

Julie A.J., an Infant, by Her Parent, Robert G.J., et al., Appellants, v Donna King, Respondent.

case name: Julie A.J. v King

In the Matter of Commissioner of Social Services, on Behalf of Krista A.S., Appellant, v John M. Jones, Respondent.

case name: Matter of Commissioner of Social Servs. v Jones

INTERVENORS

In the Matter of Rochester Gas Corporation, Appellant, v Public Service Commission of the State of New York, Respondent, and Empire State Petroleum Association, Inc., et al., Intervenors-Respondents.

case name: Matter of Rochester Gas Corp. v Public Serv. Commn. of the State of N.Y.

INVOLUNTARY TREATMENT

In the Matter of Scott H. Perra, Petitioner, for an Order Authorizing the Involuntary Treatment of Theresa Doe, a Patient in the Psychiatric Unit at Albany Medical Center, Respondent.

case name: Matter of Perra (Doe)

JOINT VENTURES

Thomas Crimmins Contracting Co., Inc., and Cayuga Construction Co., a Joint Venture, Respondent, v City of New York et al., Appellants.

case name: Thomas Crimmins Contr. Co., Inc. v City of New York

JUDGES AND JUSTICES

In the Matter of Gilbery Wiley, Petitioner, v Herbert Altman, as Justice of the Supreme Court of the State of New York, Respondent.

case name: Matter of Wiley v Altman

In the Matter of Francis W. Benjamin, a Justice of the Jewett Town Court, Petitioner. State Commission on Judicial Conduct, Respondent.

case name: Matter of Benjamin (State Commn. on Jud. Conduct)

JUVENILE DELINQUENTS

In the Matter of Cleve C., a Person Alleged to be a Juvenile Delinquent, Appellant. Warren County Attorney, Respondent.

case name: Matter of Cleve C.

LIEN DISCHARGE

In the Matter of Benson Park Associates LLC, Petitioner, for an Order Surrendering Money Paid into Court to Discharge the Notice of Mechanic's Lien Filed by Mega Construction Corp., Respondent.

case name: Matter of Benson Park Assoc. LLC (Mega Constr. Corp.)

NEGLECTED CHILDREN

In the Matter of Michael A., a Child Alleged to be Permanently Neglected. Suffolk County Department of Social Services, Appellant;Azilda A. et al., Respondents.

case name: Matter of Michael A. (Azilda A.)

In the Matter of Department of Social Services, on Behalf of Jennifer M. and Another, Children Alleged to be Abused and/or Neglected, Appellant. Sandy G., Respondent.

case name: Matter of Department of Social Servs. (Sandy G.)

PERSONAL REPRESENTATIVES

Ronald Rorie et al., as Personal Representatives of the Estate of Leonard Segal, Deceased, Appellants, v Joseph Ross, Respondent, et al., Defendants.

case name: Rorie v Ross

PERSON IN NEED OF SUPERVISION

In the Matter of Kristian CC., Alleged to be a Person in Need of Supervision, Appellant. John Simons, as Director of Pupil Personnel Services at Salmon River Central School, Respondent.

case name: Matter of Kristian CC.

PROFESSIONAL CORPORATIONS

Connecticut Indemnity Co. et al., Respondents, v David L. Hoexter, D.M.D., P.C., et al., Defendants, and Herbert S. Rubin, D.M.D., Appellant.

case name: Connecticut Indem. Co. v David L. Hoexter, D.M.D., P.C.

RECEIVERSHIP

In the Matter of the Ancillary Receivership of Reliance Insurance Company. Enviro Express, Inc., Appellant; Gregory V. Serio, as Superintendent of the New York State Insurance Department, and as Ancillary Receiver of Reliance Insurance Company, Respondent.

case name: Matter of Reliance Ins. Co.

SETTLEMENTS

In the Matter of the Judicial Settlement of the Final Account of Proceedings of The Chase Manhattan Bank, as Trustee of the Intermediate Term Taxable Bond Fund of Chemical Bank.

case name: Matter of Chase Manhattan Bank

In the Matter of the Petition of Settlement Funding of New York, LLC, for Approval of Transfer of Structured Settlement Payment Rights of Mark Asproules in Accordance with General Obligations Law § 5-1701.

case name: Matter of Settlement Funding of N.Y., LLC

In the Matter of 321 Henderson Receivables Limited Partnership, Petitioner, for Approval of a Transfer of Structured Settlement Proceed Rights of Jason DeMillie.

case name: Matter of 321 Henderson Receivables Ltd. Partnership

In the Matter of the Judicial Settlement of the First Intermediate Accounts of Proceedings of Central Hanover Bank and Trust Company, as Trustee under Those Six Agreements of Trust dated September 16, 1927 and under That Certain Agreement of Trust dated October 5, 1927 made by Elizabeth L. De Sanchez.

case name: Matter of Central Hanover Bank & Trust Co. (De Sanchez)

In the Matter of the Petition of Settlement Funding of New York, LLC, for Judicial Approval of Absolute Assignment and UCC Article 9 Security Agreement with Calloway Johnson pursuant to Article 5, Title 17 of the New York General Obligations Law, Petitioner, v Sun Life Assurance Company of Canada et al., Respondents.

case name: Matter of Settlement Funding of N.Y., LLC v Sun Life Assur. Co. of Can.

In the Matter of the Judicial Settlement of the Account of Salem Tamer et al., as Trustees of the O. Winston Link Revocable Trust Dated January 18, 2001.

case name: Matter of O. Winston Link Revocable Trust

STATE DIVISION OF HUMAN RIGHTS ACTIONS

State Division of Human Rights, on Complaint of Charles W. Ghee, Appellant, v County of Monroe et al., Respondents.

case name: State Div. of Human Rights v County of Monroe

STOCKHOLDERS' DERIVATIVE AND REPRESENTATIVE ACTIONS

Herman Gross, as a Stockholder and on Behalf of Continued Care Facilities, Inc., Appellant-Respondent, v Carl H. Neuman et al., Respondents-Appellants, and Continued Care Facilities, Inc., Respondent.

case name: Gross v Neuman

Henry Miller, on Behalf of Himself and All Other Stockholders of Central Tobacco Company, Inc., Respondent, v Arnold Kastner et al., Appellants.

case name: Miller v Kastner

SUBPOENA

In the Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003. "Doe Law Firm" et al., Appellants; Eliot Spitzer, as Attorney General of the State of New York, Respondent.

case name: Matter of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003

In the Matter of Subpoena Issued by the State Tax Commission to Samuel J. Weiss, as President of the Welco Dress Co., Inc.

case name: Matter of State Tax Commn. (Weiss)

In the Matter of the Application of Anthony Massar, as Chairman of the Municipal and Public Affairs Committee of Binghamton City Council, Petitioner, to Compel Compliance with Subpoenas Duly Served on Family and Children's Society of Broome County et al., Respondents.

case name: Matter of Massar (Family & Children's Socy. of Broome County)

SUCCESSORS IN INTEREST

Hearst Corporation, as Successor in Interest to Hearst Consolidated Publications, Inc., Respondent, v Hertz Corporation, Appellant, and Hartford Accident and Indemnity Company et al., Respondents. (And Another Action.)

case name: Hearst Corp. v Hertz Corp.

TAX LAW PROCEEDINGS

In the Matter of Hooper Holmes, Inc., Petitioner, v James W. Wetzler, as Commissioner of Taxation and Finance of the State of New York, et al., Respondents.

case name: Matter of Hooper Holmes, Inc. v Wetzler

In the Matter of Equifax Services, Inc., Petitioner, v Tax Appeals Tribunal of the State of New York et al., Respondents.

case name: Matter of Equifax Servs., Inc. v Tax Appeals Trib. of the State of N.Y.

THIRD-PARTY ACTIONS

Designcraft Jewel Industries, Inc., et al., Plaintiffs, v Rampart Brokerage Corp., Defendant and Third-Party Plaintiff-Appellant. Frank Feit & Co., Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. [Note: This is the suggested style when the defendant(s) and third-party plaintiff(s) are identical.]

case name: Designcraft Jewel Indus., Inc. v Rampart Brokerage Corp.

Francine Heller et al., Respondents, v Encore of Hicksville, Inc., et al., Appellants, et al., Defendant. Encore of Hicksville, Inc., Third-Party Plaintiff-Respondent, v K. Kadin, Inc., et al., Third-Party Defendants-Appellants. (And Another Action.)

case name: Heller v Encore of Hicksville, Inc.

Chemical Bank, Plaintiff, v National Union Fire Insurance Company, Defendant and Third-Party Plaintiff-Respondent. Joseph J. Blake and Associates, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And a Fourth-Party Action.)

case name: Chemical Bank v National Union Fire Ins. Co.

TRUSTEES

In the Matter of Rotraut L.U. Beiny, as Trustee of the Trust Created by Elizabeth N.F. Weinberg, as Grantor.

case name: Matter of Beiny (Weinberg)

David J. Smith et al., as Cotrustees of a Trust Created by Janet Roth, Appellants, v Gulf and Western Industries, Inc., Respondent.

case name: Smith v Gulf & W. Indus., Inc.

In the Matter of H. Earl Fullilove et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs, Respondents, v Mario Cuomo, as Governor and Chief Executive Officer of the State of New York, et al., Appellants.

case name: Matter of Fullilove v Cuomo

David Morgulas, as Testamentary Trustee of Trusts Created by I. Roy Psaty, Deceased, et al., Appellants, v J. Yudell Realty, Inc., Respondent.

case name: Morgulas v J. Yudell Realty, Inc.

UNEMPLOYMENT INSURANCE

In the Matter of the Claim of James Glass, Appellant. Marquette Cement Company, Respondent; Thomas F. Harnett, as Commissioner of Labor, Respondent.

case name: Matter of Glass (Marquette Cement Co.—Harnett)

In the Matter of Mitchell D. Posner, Appellant. HF Management Services, LLC, Respondent; Commissioner of Labor, Respondent.

case name: Matter of Posner (HF Mgt. Servs., LLC—Commissioner of Labor)

WARDEN

The People of the State of New York ex rel. Clyde Jones, Appellant, v Thomas Smith, as Warden of the Penitentiary of the City of New York, Rikers Island, Respondent.

case name: People ex rel. Jones v Smith

The People of the State of New York ex rel. Malik Howard, Petitioner, v Warden of Rikers Island Correctional Facility et al., Respondents.

case name: People ex rel. Howard v Warden of Rikers Is. Corr. Facility

WORKERS' COMPENSATION

In the Matter of the Claim of Antoinette Yannon, Respondent, v New York Telephone Company, Appellant. Workers' Compensation Board, Respondent.

case name: Matter of Yannon v New York Tel. Co.

YOUTHFUL OFFENDER

The People of the State of New York, Respondent, v Casey R.B., Appellant.

case name: People v Casey R.B.

APPENDIX 7

CITATIONAL FOOTNOTE STYLE (MODEL OPINION)

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

Luis F. Ortiz, Appellant, v Varsity Holdings, LLC, et al., Respondents.

Argued November 14, 2011; decided December 20, 2011

OPINION OF THE COURT

Pigott, J.

     Plaintiff Luis F. Ortiz was injured while engaged in demolition work at an apartment building being renovated in Brooklyn. The property was owned by defendant Varsity Holdings, LLC and managed by defendant Mag Realty Corp. Ortiz and his coworkers were taking debris from the building and placing it in a dumpster outside. According to Ortiz, the dumpster was about six feet high, eight feet wide, and 14 feet long. The ledge at the top of the dumpster was about eight inches in width.
     After several hours of work, the dumpster was filling up, and Ortiz and his colleagues climbed up it, using footholds built into the side, and began to rearrange the debris inside to make more room. It started to rain, making the surface of the dumpster slippery. Ortiz was injured when, while holding a wooden beam and standing at the top of the dumpster, with at least one foot on the narrow ledge, he lost his balance and fell to the ground.¹
     Ortiz commenced this action, claiming violations of Labor Law §§ 200, 240 (1), and 241 (6). Defendants moved for summary judgment as to all of plaintiff's Labor Law claims. Ortiz cross-moved for summary judgment on his Labor Law § 240 (1) claim, insisting that defendants should have provided a scaffold to prevent his fall. In his affidavit in support of his cross motion and in opposition to defendants' motion, Ortiz stated that the task he was instructed to carry out required him to stand on the eight-inch ledge while placing heavy debris in open areas of the dumpster.

1. In his deposition testimony, Ortiz recalled that he had one foot on the ledge and one foot on the garbage in the dumpster. In his affidavit in opposition to defendants' motion and in support of his cross motion, Ortiz stated that both feet were on the ledge.

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

      Ortiz challenged the dismissal of his section 240 (1) cause of action, and the denial of his cross motion on that claim. The Appellate Division affirmed, simultaneously granting Ortiz leave to appeal to this Court and certifying the question whether its order was properly made.² We now modify.
     Defendants and amicus the Defense Association of New York argue that, as a matter of law, the task Ortiz was performing—loading a dumpster and rearranging the debris therein—did not create an elevation-related risk of the kind that the safety devices listed in Labor Law § 240 (1) protect against. Defendants cite Toefer v Long Is. R.R.,³ noting our holding that "[a] four-to-five-foot descent from a flatbed trailer or similar surface does not present the sort of elevation-related risk that triggers Labor Law § 240 (1)'s coverage."⁴
     It is true that courts must take into account the practical differences between "the usual and ordinary dangers of a construction site, and . . . the extraordinary elevation risks envisioned by Labor Law § 240 (1)."⁵ A worker may reasonably be expected to protect himself by exercising due care in stepping down from a flatbed truck. However, the present case, with the facts considered in the light most favorable to the non-moving party, is distinguishable from Toefer. Ortiz's particular task of rearranging the demolition debris and placing additional debris in the dumpster, as he describes it, required him to stand at the top of the dumpster, six feet above the ground, with at least one foot perched on an eight-inch ledge. Moreover, defendants failed to adduce any evidence demonstrating that being in a precarious position such as this was not necessary to the task. Nor do defendants demonstrate that no safety device of the kind enumerated in section 240 (1) would have prevented his fall.

     2.  75 AD3d 538 (2d Dept 2010).
     3.  4 NY3d 399 (2005).
     4.  Id. at 408.
     5.  Id. at 407, quoting Rodriguez v Margaret Tietz Ctr. for Nursing Care, 84 NY2d 841, 843 (1994).

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

     On this record, therefore, we cannot say as a matter of law that equipment of the kind enumerated in section 240 (1) was not necessary to guard plaintiff from the risk of falling from the top of the dumpster. Consequently, defendants have not demonstrated entitlement to summary judgment.
     However, we agree with defendants that Ortiz's cross motion for summary judgment was properly denied. To recover under section 240 (1), Ortiz must establish that he stood on or near the ledge at the top of the dumpster because it was necessary to do so in order to carry out the task he had been given.⁶ Ortiz failed to adduce evidence, through testimony or other means, to establish what he asserted in his affidavit—that he was required to stand on or near the ledge. While that assertion is enough, in the context of this case and without contradictory evidence from defendants, for plaintiff to ward off summary judgment, it is not sufficient by itself for plaintiff to win summary judgment.
     Moreover, to prevail on summary judgment, plaintiff must establish that there is a safety device of the kind enumerated in section 240 (1) that could have prevented his fall, because "liability is contingent upon . . . the failure to use, or the inadequacy of" such a device.⁷ Because this too is a triable issue of fact, plaintiff is not entitled to summary judgment.
     Viewing the facts in the light most favorable to defendants, as we must when we consider plaintiff's summary judgment motion, a question of fact remains regarding whether the task Ortiz was expected to perform created an elevation-related risk of the kind that the safety devices listed in section 240 (1) shield workers from.
     Accordingly, the order of the Appellate Division should be modified, without costs, by denying defendants' motion for summary judgment as to plaintiff's Labor Law § 240 (1) cause of action, and, as so modified, affirmed, and the certified question should not be answered as unnecessary.
     Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones concur.
     Order modified, etc.⁸

     6.  See Broggy v Rockefeller Group, Inc., 8 NY3d 675, 681 (2007).
     7.  Narducci v Manhasset Bay Assoc., 96 NY2d 259, 267 (2001).
     8.  This decision is not the official report of the opinion in Ortiz v Varsity Holdings, LLC, 18 NY3d 335 (2011). It is a model intended only to illustrate the rules for drafting an opinion in the citational footnote style. New York Law Reports Style Manual § 1.2 (e) (2012).

APPENDIX 8

FORMULATION OF SUMMARIES (APPEAL STATEMENTS)

A. General Rules for Formulating Summaries

1. Accuracy — A summary of an appellate case should be factually and legally accurate. It should faithfully track the jurisdictional predicate and procedural posture of the appeal. It will typically comprise more than one sentence and should be formulated with an emphasis on concision and clarity.

2. Tense — Summaries of appeals should be written in the past tense. In Court of Appeals summaries, use the past perfect tense to describe the disposition of a court/administrative body that occurred prior to the disposition that is being appealed to the Court of Appeals.

3. Verification — A summary should be verified against the record on appeal whenever possible. Certain courts provide jurisdictional statements that resemble summaries. These jurisdictional statements are not part of the opinion itself and are not published as part of the opinion. They may be used as a basis for formulating a summary. A summary should, however, be composed in accordance with the Law Reporting Bureau's formulation rules.

4. Consistency — A summary should be consistent with the description of the appeal contained in the opinion and with the court's decretal or ordering paragraph. Verify the accuracy of the information in a summary against the record and/or opinion. If the information conflicts, and conformity cannot be achieved by reference to the record and/or opinion, the matter should be resolved through consultation with the appropriate court, clerk or decision department.

5. Names of Courts — The name of the court should conform to the following examples: Court of Appeals; Appellate Division of the Supreme Court in the First Judicial Department; Appellate Term of the Supreme Court in the First Judicial Department (add appropriate judicial districts for the Second Department); Supreme Court, Kings County; Court of Claims; Albany County Court; Family Court of Onondaga County; Surrogate's Court of Broome County; City Court of Buffalo, Erie County; Civil (Criminal) Court of the City of New York, Queens County; District Court of Nassau County, First District; Justice Court of the Town (Village) of Colonie, Albany County.

6. Names of Judges — The full name of the judge or justice who presided at the hearing or trial below should be included whenever available (see Judiciary Law § 433) and should conform to the name as listed in the judges' list contained in the front of bound volumes of the Miscellaneous Reports. Place the name of the judge or justice in parentheses following the name of the court.

7. Style — A summary should be styled in accordance with the Official Reports Style Manual.

8. Structure — The first sentence of a summary contains the type of cause (appeal, proceeding, cross appeals, etc.); the jurisdictional predicate (by permission, on constitutional grounds, etc.), including whether an appeal or a proceeding has been transferred; the appealable paper, followed by the name of the court and the judge's name where appropriate; and the entry date. When the opinion involves an original proceeding in that court, the first sentence may also contain a statement of the nature of the proceeding. The second and any other sentences contain the balance of the information that summaries traditionally have contained, including relevant decretal portions of the appealable paper and of any orders or judgments brought up for review.

9. Criminal Cases in General — Summaries in criminal cases generally should be formulated in accordance with the following templates:

Court of Appeals Cases (appeal from an intermediate appellate court):

"[First sentence. See Appendix 8 (A) (8).] The Appellate Division [affirmed, reversed, etc.] a judgment of the [court and judge's name], which had convicted defendant, [upon a jury verdict] [upon a plea of guilty] [after a nonjury trial], of [name of crime(s), but omit the words 'the crime(s) of'] and sentenced defendant [description of sentence]." The "sentence" clause should be included only when the sentence itself is the subject of the appeal.

Appellate Division and Appellate Term Cases and Direct Appeals to the Court of Appeals:

"[First sentence. See Appendix 8 (A) (8).] The judgment convicted defendant, [upon a jury verdict] [upon a plea of guilty] [after a nonjury trial], of [name of crime(s), but omit the words 'the crime(s) of'] and sentenced defendant [description of sentence]." The "sentence" clause should be included only when the sentence itself is the subject of the appeal.

10. Samples — Whenever possible use the Sample Forms of Summaries as a template for summaries. If none of the samples squarely addresses the procedural posture of an opinion, adapt the closest sample to the posture presented. The drafter may also use summaries found in prior Official Reports 2d or 3d series volumes for guidance, but should adapt the format of a prior summary to conform to these General Rules and Sample Forms.

B. Sample Forms of Summaries: Court of Appeals

1. Appeal as of Right—CPLR 5601

CPLR 5601 (a)—Two Justice Dissent

Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered June 4, 1998. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, Schenectady County (Robert E. Lynch, J.), entered in a proceeding pursuant to CPLR article 78, which had denied petitions to review respondents' denial of petitioners' separate Freedom of Information Law requests for access to records identifying 18 City of Schenectady police officers who allegedly were disciplined for engaging in an off-duty incident, and dismissed the consolidated proceeding.

CPLR 5601 (b) (1)—Constitutional Grounds—Appeal from Appellate Division

Appeal, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 22, 1996. The Appellate Division affirmed an order of the Supreme Court, New York County (Charles E. Ramos, J.), which had granted defendants' motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion to dismiss defendants' affirmative defenses and for summary judgment in plaintiffs' favor.

CPLR 5601 (d)—Based upon Nonfinal Determination of Appellate Division—Final Judgment of Administrative Agency

Appeals from a final determination of the Workers' Compensation Board, filed September 20, 1983, bringing up for review an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered May 5, 1983. The Appellate Division, with two Justices dissenting, had (1) reversed a decision of the Board which (a) reversed a Workers' Compensation Law Judge's decision reinstating claimant to her former position and awarding her back pay, and (b) found that there was no discrimination by the employer pursuant to Workers' Compensation Law § 120, (2) ordered claimant reinstated to her former position, and (3) remitted the matter to the Board for determination of the effective date of reinstatement and an award of benefits.

2. Appeal by Permission—CPLR 5602

Permission of Court of Appeals

Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 28, 1995. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Harold Tompkins, J.), entered after a nonjury trial, to the extent that it had awarded third-party defendant judgment on its counterclaim against third-party plaintiff in the sum of $531,168, and (2) dismissed the counterclaim.

Permission of the Appellate Division

(a) Appeal by Permission of Appellate Division—Certified Question—Nonfinal Order/Judgment

Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 10, 1995. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Beatrice Shainswit, J.), which had granted defendant's motion to dismiss the complaint. The modification consisted of denying that portion of defendant's motion seeking dismissal on federal preemption and primary jurisdiction grounds. The Appellate Division remanded the matter to Supreme Court for determination of the remaining grounds for defendant's motion. The following question was certified by the Appellate Division: "Was the order of this Court, which modified the order of the Supreme Court, properly made?"

(b) Appeal by Permission of Appellate Division—Final Order/Judgment

Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 14, 1995. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Stuart C. Cohen, J.), which had directed that defendant City of New York account to plaintiff as to the full amount of certain insurance proceeds and that plaintiff recover against the proceeds to the extent of its claim of nonpayment under a crane repair agreement, plus interest.

3. Certified Question from United States Court of Appeals

Proceeding, pursuant to NY Constitution, article VI, § 3 (b) (9) and Rules of the Court of Appeals (22 NYCRR) § 500.27, to review a question certified to the New York State Court of Appeals by the United States Court of Appeals for the Second Circuit. The following question was certified by the United States Court of Appeals and accepted by the New York State Court of Appeals: "Does Connecticut General Statutes § 52-577a bar Tanges's claim brought in the Southern District of New York?"

4. Determination of State Commission on Judicial Conduct

Proceeding, pursuant to NY Constitution, article VI, § 22 and Judiciary Law § 44, to review a determination of respondent State Commission on Judicial Conduct, dated August 7, 1998. The Commission determined that petitioner should be removed from the office of Justice of the Haverstraw Town Court and Acting Justice of the Village Court of West Haverstraw, Rockland County.

5. Criminal Cases

Permission of Appellate Division Justice

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered May 14, 1998. The Appellate Division (1) reversed, on the law, a judgment of the Tompkins County Court (M. John Sherman, J.), which had convicted defendant, upon a jury verdict, of sodomy in the second degree (two counts), rape in the second degree (two counts), and endangering the welfare of a child, and (2) remitted the matter to Tompkins County Court for a new trial.

Permission of Associate Judge of Court of Appeals

Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 6, 1998. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, New York County (Rena K. Uviller, J.), which had granted defendant's motion to set aside the jury verdict finding defendant guilty of robbery in the first degree and burglary in the first degree based on legal insufficiency, (2) reinstated the jury verdict, and (3) remanded to Supreme Court for further proceedings.

Appeal from Sentence

Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 6, 1995. The Appellate Division affirmed a sentence of the Dutchess County Court (George D. Marlow, J.), imposed following defendant's conviction upon his plea of guilty of driving while under the influence of alcohol as a felony. The County Court had sentenced defendant to a term of five years' probation, to include six months of incarceration in the Dutchess County Jail, directed defendant to pay a fine and administrative fees and to attend a victim impact panel, and required that defendant be placed on an electronic monitor for a period up to one year following his release from jail.

6. Reargument of Appeal

Reargument of an appeal, taken by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered April 5, 2011. The Appeallate Division (1) reversed, on the law, so much of an order of the Supreme Court, New York County (Carol R. Edmead, J.; op 2009 NY Slip Op 32302[U] [2009]), as had granted defendants' motion to preclude plaintiffs from litigating the issue of plaintiff Jose Verdugo's accident-related disability beyond January 24, 2006, and (2) denied the motion. The following question was certified by the Appellate Division: "Was the order of this Court, which reversed the order of the Supreme Court, properly made?" Following the reversal by the Court of Appeals upon the original appeal (20 NY3d 1035 [2013]), the Court of Appeals granted motions for reargument (21 NY3d 995, 998 [2013]).

C. Sample Forms of Summaries: Appellate Division

1. Civil Cases

Order

Appeal from an order of the Supreme Court, Suffolk County (William J. Kent, J.), entered December 20, 2000. The order denied plaintiff's motion for summary judgment granting him a conversion divorce and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that the parties' prenuptial agreement may not serve as a predicate for a conversion divorce.

Part of an Order

Appeal from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), entered June 9, 2000 in an action to recover damages for medical malpractice. The order, insofar as appealed from, granted (1) the motion of defendant County of Suffolk for partial summary judgment dismissing so much of the complaint, insofar as asserted against it, as sought to recover damages based upon alleged events which occurred before January 17, 1995, and (2) that branch of the cross motion of defendant Brunswick Hospital Center which was for summary judgment dismissing the complaint insofar as asserted against it.

Order and Judgment (one paper)

Appeal from an order and judgment (one paper) of the Supreme Court, New York County (Ira Gammerman, J.), entered January 16, 2001. The order and judgment granted plaintiffs' motion for summary judgment recognizing and docketing certain foreign country judgments entered in their favor.

Order and Judgment Entered Thereon

Appeal from (1) an order of the Supreme Court, New York County (Ira Gammerman, J.), entered January 16, 2001, and (2) the judgment entered upon the order. The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for further discovery. Judgment was entered dismissing the complaint.

Judgment

Appeal from a judgment of the Supreme Court, New York County (Ira Gammerman, J.), in favor of defendant, entered January 16, 2001. The judgment was entered upon an order of that court (Bruce Wright, J.), which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (2).

Appeal by Permission

Appeal, by permission of the Appellate Term of the Supreme Court in the First Judicial Department, from an order of that court, entered December 28, 2007. The order affirmed (1) an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J.), entered December 22, 2005, after a nonjury trial, which had dismissed the petition in a holdover summary proceeding, and (2) an order of that court, entered on or about March 27, 2006, which had denied petitioner's motion to vacate the attorneys' fees award, and modified a judgment of that court, entered March 2, 2006, to the extent of reducing those fees.

2. Unemployment Insurance Decisions

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 1, 2001. The decision ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

3. Workers' Compensation Decisions

Appeal from a decision of the Workers' Compensation Board, filed June 1, 2001. The decision ruled that claimant sustained a compensable injury and awarded workers' compensation benefits.

4. Family Court Proceedings

Appeal from an order of the Family Court of Richmond County (Ralph J. Porzio, J.), entered May 2, 2001 in a support proceeding pursuant to Family Court Act article 4. The order denied objections of the New York City Department of Social Services to an order of that court (Michael J. Fondacaro, H.E.), dated January 4, 2001, which, after a hearing, set Enzo Lanzi's basic child support obligation at $785 per month and required him to pay $452 per month for his children's educational expenses and 77% of his children's unreimbursed medical expenses.

Appeal from an order of disposition of the Family Court of Queens County (Fran L. Lubow, J.), entered January 28, 2009. The order adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed acts which, if committed by an adult, would have constituted the crimes of conspiracy in the sixth degree and attempted hazing in the first degree, and placed him in the custody of the New York State Office of Children and Family Services for a period of 12 months, with credit for time spent in detention pending disposition. The appeal brought up for review a fact-finding order dated January 8, 2009.

5. CPLR Article 78 Proceeding

Appeal from a judgment of the Supreme Court, Bronx County (Norma Ruiz, J.), entered January 7, 2002 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and directed that petitioner's sentences be served concurrently.

6. Attorney Disciplinary Proceedings

Disciplinary proceedings instituted by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Respondent was admitted to the bar on March 16, 1988 at a term of the Appellate Division of the Supreme Court in the Second Judicial Department. By decision and order on motion of this Court dated November 12, 2009, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Herbert Altman, as Special Referee, to hear and report.

Application by petitioner pursuant to 22 NYCRR 691.3 to impose discipline on respondent based upon disciplinary action taken against him by the Supreme Court of New Jersey. Respondent was admitted to the bar on April 24, 1974 at a term of the Appellate Division of the Supreme Court in the Second Judicial Department.

7. Criminal Cases

Jury Trial

Appeal from a judgment of the Supreme Court, New York County (Laura Drager, J.), rendered January 31, 2000. The judgment convicted defendant, upon a jury verdict, of attempted kidnapping in the second degree.

Bench (nonjury) Trial

Appeal from a judgment of the Supreme Court, New York County (Laura Drager, J.), rendered January 31, 2000. The judgment convicted defendant, after a nonjury trial, of attempted kidnapping in the second degree.

Guilty Plea

Appeal from a judgment of the Onondaga County Court (Laura Maher, J.), rendered January 31, 2000. The judgment convicted defendant, upon his plea of guilty, of attempted kidnapping in the second degree.

Order

Appeal from an order of the Onondaga County Court (Laura Maher, J.), entered January 31, 2000. The order granted defendant's motion to dismiss the counts of the indictment charging him with kidnapping in the second degree.

Sentence

Appeal from an order of the Supreme Court, Westchester County (Steven Pagones, J.), entered January 31, 2000. The order granted defendant's motion to set aside the sentence imposed upon his conviction of kidnapping in the second degree.

Vacatur of Judgment

Appeal from an order of the Onondaga County Court (Laura Maher, J.), entered January 31, 2000. The order granted defendant's motion pursuant to CPL 440.10 to vacate the judgment that convicted her of two counts of kidnapping in the second degree.

8. Appeal Bringing Up for Review a Prior Order

Appeal from a judgment of the Supreme Court, New York County (Louis York, J.), entered April 11, 2001 in favor of the nonparty assignee reinsurer. The appeal brings up for review an order of that court, entered March 3, 2000, which granted plaintiffs' motion for summary judgment, denied defendant's cross motion for summary judgment dismissing the complaint and granted third-party defendant's cross motion for summary judgment dismissing the third-party complaint.

9. Appeals Transferred to the Appellate Division

Appeal (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department, by order of the Appellate Division, First Department) from a judgment of the Supreme Court, Bronx County (Norma Ruiz, J.), entered January 7, 2002 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and directed that petitioner's sentences be served concurrently.

10. Proceedings Transferred to the Appellate Division

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board. The determination found that the Unified Court System had committed an improper employer practice.

11. Proceedings Commenced in the Appellate Division

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to prohibit respondents from trying petitioner in the Erie County Court on an indictment charging him with murder in the first degree.

12. Reargument of Appellate Division Decision

Reargument of a decision of the Appellate Division of the Supreme Court in the Third Judicial Department, dated May 22, 2002. The decision reversed a judgment of the Supreme Court, Albany County (John Conner, J.), entered July 29, 2001, which granted plaintiff's motion for summary judgment on the issue of liability.

D. Sample Forms of Summaries: Appellate Term

1. Civil Cases

Order

Appeal from an order of the Civil Court of the City of New York, New York County (Debra A. James, J.), entered September 25, 2000. The order denied defendant's motion for summary judgment and granted plaintiff's cross motion for summary judgment on the fifth cause of action and for an order extending his time to file a notice of trial.

Multiple Orders (same judge)

Appeal from orders of the Civil Court of the City of New York, New York County (Eileen A. Rakower, J.), dated February 28, 2002 and March 14, 2002. The orders denied nonparty tenant's motion to vacate a default judgment in a nonpayment summary proceeding.

Multiple Orders (different judges)

Appeal from (1) an order of the Civil Court of the City of New York, New York County (Rolando T. Acosta, J.), dated December 20, 1999, (2) an order of that court (George Young, J.; op 183 Misc 2d 294 [1999]), entered December 27, 1999, and (3) an order of that court (Norman Ryp, J.), entered January 21, 2000. The order dated December 20, 1999 denied defendant's motion to hold plaintiff and its counsel in contempt. The order dated December 27, 1999 granted plaintiff's motion to impose sanctions against nonparty appellant for frivolous conduct as defense counsel. The order dated January 21, 2000 directed nonparty appellant to pay sanctions of $7,500 to the Lawyer's Fund for Client Protection and attorney's fees of $2,100 to plaintiff's counsel.

Appeal from Order Deemed Appeal from Judgment

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 8, 2010, deemed from a judgment of that court entered January 26, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the January 8, 2010 order granting defendant's motion for summary judgment to the extent of dismissing plaintiff's claim for services rendered on October 30, 2007 and November 13, 2007 in the total sum of $1,026.51, dismissed that claim.

Judgment

Appeal from a judgment of the Civil Court of the City of New York, New York County (Larry S. Schachner, J.), entered on or about June 17, 2002. The judgment, after a nonjury trial, awarded possession to petitioner in a nonprimary residence holdover summary proceeding.

Appeal by Permission

Appeal, by permission of the Appellate Term of the Supreme Court in the Second Judicial Department, Second, Eleventh and Thirteenth Judicial Districts, from an order of the Civil Court of the City of New York, Queens County (Jeremy S. Weinstein, J.), entered August 21, 2006. The order denied a petition for an order changing petitioner's name from “Peter Cortes” to “Zea.”

2. Criminal Cases

Order

Appeal from two orders of the Criminal Court of the City of New York, Bronx County (Larry R.C. Stephen, J.), entered September 7, 2001. The orders, upon reargument, granted defendants' motions to dismiss the informations in the interest of justice.

Judgment (nonjury trial)

Appeal from a judgment of the Criminal Court of the City of New York, New York County (Neil E. Ross, J., on dismissal motion; A. Kirke Bartley, Jr., J., at trial and sentencing), rendered August 2, 2000. The judgment convicted defendant, after a nonjury trial, of stalking in the fourth degree.

Judgment (jury trial)

Appeal from a judgment of the Criminal Court of the City of New York, New York County (Eileen A. Rakower, J.), rendered June 24, 1999. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the third degree.

Judgment (guilty plea)

Appeal from an amended judgment of the Justice Court of the Village of Red Hook, Dutchess County (Richard D. Griffiths, J.), rendered September 26, 2001. The amended judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree and resentenced him to a three-year term of probation.

Appeal by Permission

Appeal, by permission of the Appellate Term of the Supreme Court in the Second Judicial Department, Second, Eleventh and Thirteenth Judicial Districts, from an order of the Criminal Court of the City of New York, Queens County (Barry Kron, J.), dated November 12, 2009. The order denied defendant's motion, pursuant to CPL 440.10, to vacate the judgment of conviction, without a hearing.

3. Appeal from Part of an Order

Appeal from orders of the Civil Court of the City of New York, Queens County (Marguerite Grays, J.), entered July 10, 2001 and April 30, 2002. The order entered July 10, 2001, insofar as appealed from, denied those branches of plaintiff's motion that sought (1) to dismiss defendant's counterclaim alleging prima facie tort and her affirmative defenses of statute of limitations and frivolousness, and (2) an award of costs and the imposition of sanctions. The order entered April 30, 2002, insofar as appealed from, denied the branch of plaintiff's motion that sought renewal.

4. Various Courts: New York City, District, City, Justice Courts

Civil Court of the City of New York

Appeal from an order of the Civil Court of the City of New York, New York County (Jerald R. Klein, J.), entered April 12, 2002. The order granted respondent's motion to dismiss the petition in a holdover summary proceeding.

Criminal Court of the City of New York

District Court

Appeal from an order of the District Court of Nassau County, First District (Howard S. Miller, J.), entered August 2, 2002. The order granted respondent's motion to dismiss the petition in a holdover summary proceeding and denied petitioner's cross motion for summary judgment.

City Court

Appeal from a judgment of the City Court of Newburgh, Orange County (Richard Farina, J.), rendered July 27, 1999. The judgment convicted defendant, upon a jury verdict, of aggravated unlicensed operation of a motor vehicle in the second degree.

Justice Courts (Sometimes referred to as a Town or Village Court, these are properly stated as Justice Court of the respective town or village.)

Appeal from judgments of the Justice Court of the Village of Wesley Hills, Rockland County (P. Schnelwar, J.), rendered February 23, 1999. The judgments convicted defendant, after a nonjury trial, of depositing debris and/or waste materials on a village lot (Local Law No. 4 [1984] of Village of Wesley Hills § 2) and storing more than one unregistered vehicle on a residential lot (Local Law No. 14 [1984] of Village of Wesley Hills § 4.4.18).

Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Raymond Shoemaker, J.), entered September 15, 2000, in favor of defendant. The judgment dismissed the action.

PART V: INDEX

(References are to sections unless otherwise indicated.)

Abbreviations

appellate history used in, Appendix 3

business firms, Appendix 1

case history, 2.2 (a) (5); Appendix 3

case law reports, Appendix 2

case names, 2.1; Appendix 1

codes, 3.0; Appendix 4

commonly used, Appendixes 1, 3

constitutions, 5.0

corporations, Appendix 1

digests, Appendix 2

encyclopedias, 7.4

foreign words, Appendix 1

judges, 10.4 (a)

middle names in titles, 8.1 (d)

months, 10.3 (g)

periodicals, 7.2

personal names, 10.4 (b)

pluralization, Appendix 1

prior case history, 2.2 (a) (5); Appendix 3

reports, Appendix 2

spacing, 14.1

statutes, 3.1 (a); 3.2 (a); Appendix 4

statutory history, 3.1 (b) (3); 3.2; Appendix 4

subsequent case history, 2.2 (a) (5); Appendix 3

time, 10.3 (h)

Abstracts, 2.2 (b) (2)

"Accord," as signal, 1.4 (a)

Actions, titles of, 8.0; Appendix 6

Acts

capitalization, 10.1 (j)

citation of, 3.2 (b)

Additions to statutes, 3.1 (b) (3) (b)

Administrative codes, 4.0

Advisory committee notes, statutory, 3.1 (c)

Affidavits, citation of, 7.7

Affirmations, citation of, 7.7

"Affirmed," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3

Agency documents and materials, 2.4 (b)

Ages, 10.2 (a) (8)

ALR annotations, 7.5

Amended statutes, citation of, 3.1 (b) (3)

Amendments

abbreviation of, 5.2; Appendix 3

capitalization, 10.1 (j) (3)

constitutional, 5.2; Appendix 3

statutory, 3.1 (b) (3)

American Law Reports (ALR) annotations, 7.5

Amicus Curiae, appearance of counsel as, 9.2

Animal breeds, capitalization of, 10.1 (o)

Annotations (ALR), 7.5

Appeal statements

formulation of, Appendix 8

judge name in, 10.4 (a) (1)

Appearances of counsel

multiple appearances, 9.3

pro hac vice appearances, 9.7

pro se appearances, 9.3

punctuation of appearances, 9.0

style of appearances, 9.0

Appellate Division, rules of, 4.1 (b) (3)

Appellate history

abbreviations, Appendix 3

citations including, 2.2 (a) (5)

Appendixes, citation of, 3.2 (b)

Attorney disciplinary charges, numerals used, 10.2 (a) (7)

Attorney General, appearance of counsel by, 9.6

Author, use of name of

ALR annotations, 7.5 (b)

legal periodicals, treatises and other works, 7.1 (b)

Bill jacket, 3.1 (f)

Bills, capitalization of, 10.1 (j)

Blocked quotations, 11.1 (a)

Bloomberg Law, 2.4 (a) (1)

Blood alcohol content, 10.2 (b) (3)

Books

citation of, 7.0

typography of, 13.8

Branches of government, capitalization of, 10.1 (d)

Briefs, citation of, 7.7

Building Code, New York City, 4.1 (b) (9)

Building Code, New York State, 4.1 (b) (8)

Business firms, abbreviation of in case names, Appendix 1

"But cf.," as signal, 1.4 (a)

"But see," as signal, 1.4 (a)

"Capital," capitalization of, 10.1 (g)

Capitalization

generally, 10.0

acts, 10.1 (j)

amendments, 5.2; 10.1 (j)

animal breeds, 10.1 (o)

bills, 10.1 (j)

branches of government, 10.1 (d)

codes, 10.1 (j)

congressional, 10.1 (c)

constitutions, 5.2; 10.1 (j)

courts, 10.1 (h)

government bodies and officials, 10.1 (b)

governments, 10.1

judges, 10.1 (i); 10.4 (a); 13.4

legal documents, 10.1 (m)

numbered items, 10.1 (p)

organized bodies, 10.1

parties, 10.1 (l); 13.1

public officers, 10.1 (b)

regional names, 10.1 (n)

states, 10.1 (c)

statutes, 10.1 (j); Appendix 4

titles of individuals, 10.1

"Capitol," capitalization of, 10.1 (g)

Case history

abbreviations, 2.2 (a) (5); Appendix 3

citation of, 2.2 (a) (5)

date of decision, 1.1 (a)

explanatory words, 2.2 (a) (5); Appendix 3

prior and subsequent, 2.2 (a) (5); Appendix 3

Case law reports, abbreviation of, Appendix 2

Case names

generally, 2.1

abbreviations, Appendix 1

Cases

generally, 2.0

case history, 2.2 (a) (5); Appendix 3

citation of, 1.0; 2.0

companion cases, 2.1 (a)

court of decision, 1.1 (a); 2.2; 2.3

date of decision, 1.1 (a)

elements of citation, 1.1 (a)

names, 2.1

official reports, 2.0; Appendix 2

reports, 2.2; 2.3; Appendix 2

titles, 8.0; 13.1; Appendix 6

unofficially reported cases, 2.1; 2.2 (b); 2.3; 2.4

unreported cases, 2.1; 2.2 (b); 2.3 (b); 2.4

CD-ROM, treatises, 7.3 (c)

Centuries, 10.3 (f)

Certiorari, Appendix 3

"Cf.," as signal, 1.4 (a)

CFR, 4.2 (a)

Chapters

abbreviations, 3.1 (b) (3); 3.1 (d); 4.1; Appendix 4

Session Laws, 3.1 (d); 3.1 (f)

statutes, 3.1 (b) (3); 4.1; Appendix 4

Circuit

abbreviation of, Appendix 3

in citations, 2.3 (b)

Citational footnote style

model opinion, Appendix 7

placement of citations, 1.2 (e)

Citations

abbreviations used in, Appendixes 1-4

acts, 3.2 (b)

affidavits, 7.7

affirmations, 7.7

amended statutes, 3.1 (b) (3)

annotated reports, 7.5

ascending statutory hierarchy, 3.1 (b) (2) (b)

basic form, 1.0-7.0; Appendixes 1-4

briefs, 7.7

cases, 1.0; 2.0

cases, quoting or citing another, 2.2 (a) (6)

CD-ROM, 1.5; 7.3 (c)

codes, 4.0

dates, 1.1 (a)

descending statutory hierarchy, 3.1 (b) (1)

electronic, 1.5; 2.2 (a) (8); 2.4 (a)

elements of, 1.1

encyclopedias, 7.4

exhibits, 7.7

federal rules and regulations, 4.2

former statutes, 3.1 (b) (4)

hierarchy, statutory, ascending, 3.1 (b) (2) (b)

hierarchy, statutory, descending, 3.1 (b) (1)

hierarchy, statutory, parallel, 3.1 (b) (2) (a)

introductory signals, 1.4

judicial departments and circuits, 2.2; 2.3

jump pages, 2.2 (a) (2)

legal periodicals, 7.2

multiple citations, 2.2 (a) (6)

newspapers, 2.2 (b) (3); 7.2; 13.8

New York Law Journal, 2.2 (b) (3)

not officially reported cases, 2.2 (b); 2.3; 2.4

official reports, 2.0; Appendix 2

parallel statutory hierarchy, 3.1 (b) (2) (a)

parallel, subsequent reference to, 1.3 (d)

parenthetical citations, 1.2 (c)

placement of, 1.2

pleadings, 7.7

previously cited authority, 1.3

punctuation, 2.2; 2.3; 2.4

regulations, 4.0

repeated citations, 1.3

reports, 2.2; 2.3; Appendix 2

rules, 4.0

running text, 1.2-6.2

Session Laws, 3.1 (d)

short form, 1.3 (b)

signals, 1.4

statutes, 1.1; 3.0; Appendix 4

string citations, 3.1 (b) (2)

successive citations, short forms, 1.3; 3.1 (d) (1)

tabular cases, 2.4 (a) (2)

testimony, 7.7

textbooks, 7.3; 7.4

transcripts, 7.7

treatises, 7.3

Unconsolidated Laws, 3.1 (d); Appendix 4

United States Supreme Court, 2.3 (a)

unofficial reports, 2.1; 2.2 (b); 2.3; 2.4

unreported cases, 2.1; 2.2 (b)

within parentheses, 1.2; 1.3; 2.0-7.0

within running text, 1.2; 1.3; 3.0-7.0

Citation strings, statutory, 3.1 (b) (2)

City and county ordinances, 10.1 (j)

"City," capitalization of, 10.1 (c)

Code of Federal Regulations, 4.2 (a)

Code of Professional Responsibility, citation of, 4.1 (b) (6)

Codes

abbreviations, 4.0

capitalization of, 4.0; 10.1 (j)

citation of, 4.0

federal, 4.2

judicial conduct, code of, 4.1 (b) (6)

model codes, proposed codes and uniform laws, 3.1 (e)

Professional Responsibility, Code of, 4.1 (b) (6)

State of New York, 4.1

Commas

appearances, 9.0

case citations, 1.0; 2.0

citations, 1.4; 2.2; 2.3; 2.4; 3.0-7.0

dates, 10.3

punctuation of citations, 1.4; 2.2; 3.0-7.0

quotations, 11.1 (b); 11.1 (c) (3)

statutory citations, 3.0

Commentaries, practice, 3.1 (c)

Commission and agency documents and materials, 2.4 (b)

"Compare," as signal, 1.4 (a)

Compilations

administrative regulations, 4.0

Official Compilation of Codes, Rules and Regulations of State of New York, 4.1

Compound words, 12.2 (a)

Consecutive sections of statute, 3.1 (b) (2)

Consolidated statutes, forms of, Appendix 4

Constitutions

generally, 5.0

abbreviations, 5.2

capitalization, 5.2; 10.1 (j) (3)

clauses, 10.1 (j) (2)

federal and state, 5.0

foreign, 5.1

historical material, 5.3

"Contra," as signal, 1.4 (a)

Corporate names, 10.4 (c)

Counsel, appearances of, 9.0

"County," capitalization of, 10.1 (c)

"Court," capitalization of, 10.1 (h)

Court of Appeals, rules of, 4.1 (b) (2)

Court of decision, abbreviations, 2.2 (a) (7)

Crimes, capitalization of, 10.1 (k)

Criminal Jury Instructions, 4.1 (c) (2)

Dates

abbreviations, 10.3

amended statutes, 3.1 (b) (3)

case history, 1.1 (a)

cases, 1.1 (a)

cases, in law journals and newspapers, 2.2 (b)

cases, unreported, 2.2 (b); 2.3 (b); 2.4 (a)

centuries, 10.3 (f)

citations, 1.2; 2.2; 2.3; 2.4; 3.0; 4.0; 6.2; 7.0

commas, use of, 10.3

decades, 10.3 (e)

months, 10.3 (g)

punctuation of, 10.3

renumbered statutes, 3.1 (b) (3)

seasons, 10.3 (i)

statutes, 3.1; 6.2

style of, 10.3

unreported cases, 2.2 (b); 2.3 (b); 2.4 (a)

Decades, 10.3 (e)

Degrees, 10.2 (b) (2)

Dictionaries, 7.4

Disabilities, describing persons with, 12.5

Discontinued reports, 2.2 (b) (4)

Distances, use of symbols for, 10.2 (b) (2)

"District," capitalization of, 10.1 (c)

Dollar amounts, numerals used, 10.2 (a) (2)

Dual citations

New York State cases, 2.2 (b) (1)

rules, 2.2 (b) (1); 2.3; 2.4

style, 2.2 (b) (1); 2.3; 2.4

when prohibited, 2.2 (b) (1)

when required, 2.3; 2.4 (a)

"E.g.," use of, 1.4 (a)

Electronic sources

Appellate motion decisions, 1.5 (f); 2.2 (b) (2)

CD-ROM material, 7.3 (c)

E-books, 7.9

general rules, 1.5

Internet material, 1.5 (b); 2.4 (a) (3); 7.1 (d)

New York slip opinions, 2.2 (a) (8)

online opinions, unofficial, 2.2 (b) (2)

online opinions, unreported, 2.2 (b) (2)

online services, 2.4 (a) (1)

Ellipsis, omitted material in quotations, 11.1 (c)

Emphasis

emphasized material in quotations, 11.1 (f)

typography, 13.6

Encyclopedias

abbreviations, 7.4

citation of, 7.4

Ethics opinions, 2.4 (b) (2)

Exhibits, citation to, 7.7

"Federal," capitalization of, 10.1 (f)

Federal cases, citation of, 2.3 (a); 2.3 (b)

"Federal Government," capitalization of, 10.1

Federal Register, 3.2 (c)

Federal Regulations, Code of, 4.2

Federal Reporter

abbreviation, Appendix 2

citation of, 2.3 (b)

Federal rules and regulations, 4.2

Federal Rules Decisions, Appendix 2

Federal Rules of Appellate Procedure, 4.2 (b) (5)

Federal Rules of Bankruptcy Procedure, 4.2 (b) (4)

Federal Rules of Civil Procedure, 4.2 (b) (1)

Federal Rules of Criminal Procedure, 4.2 (b) (2)

Federal Rules of Evidence, 4.2 (b) (3)

Federal statutes

generally, 3.2

particular statutes, Appendix 4

Federal Statutes at Large, 3.2

Firearms, 10.2 (a) (6)

Footnotes

case citation containing, 2.2 (a) (3)

citational footnote style, 1.2 (a); 1.2 (e); Appendix 7

citations in, 1.2 (d)

numbers, placement of, 1.2 (f)

Foreign constitutions, 5.1

Foreign names, 13.7; Appendix 5

Foreign words and phrases,

Latinisms, avoidance of, 12.3

typography of, 12.3 (c); 13.7; Appendix 5

Former statutes, 3.1 (b) (4)

Fractions, 10.2 (a) (3)

Gender neutral writing, 12.1

Given names and initials, individuals, 8.1 (d); 10.4 (b)

Government

bodies and officials, capitalization of, 10.1 (b)

federal, capitalization of, 10.1 (f)

state and local, capitalization of, 10.1

Guidelines, citation of, 7.8

Handbooks, citation of, 7.8

Hierarchy

ascending statutory hierarchy, 3.1 (b) (2)

descending statutory hierarchy, 3.1 (b) (1)

parallel statutory hierarchy, 3.1 (b) (2)

Historical constitutional material, 5.3

History of cases

citation of, 2.2 (a) (5); Appendix 3

dates of decision, 1.1 (a)

explanatory words, abbreviations, 2.2 (a) (5); Appendix 3

explanatory words, italicized, 2.2 (a) (5); Appendix 3

prior and subsequent, 2.2 (a) (5); Appendix 3

style of, 2.2 (a) (5)

History of statutes, 3.1 (b) (3)

Hyphen

use of in quotations, 2.2 (a) (4)

words styles, 12.2; Appendix 5

"Id.," use of, 1.3 (c)

"Infra," use of, 12.6

Initials, use of in titles, 8.1 (d)

Insurance Department Regulations, 4.1 (b) (10)

Internal Revenue Code, Appendix 4

International agreements, 6.0

Internet material, 2.4 (a) (3); 7.1 (d)

Introductory signals, 1.4 (a)

Italicization, 1.4; 2.0; 7.0; 13.7; Appendix 5

Judges and Justices

abbreviation of, 10.4 (a)

capitalization of, 10.1 (i); 10.4 (a); 13.4

style of names, 10.1 (i); 10.4 (a); 13.4

Judicial history of cases (see History of cases)

Jump cites (see Pinpoint page citations)

Jurisdiction, indication of in citations, 1.1 (a); 2.2

Jury Instructions

Criminal Jury Instructions, 4.1 (c) (2)

Pattern Jury Instructions, 4.1 (c) (1)

Latinisms, avoidance of, 12.3

Latin words, italicization of, 12.3 (c); 13.7; Appendix 5

Law journals and reviews, 7.2

Legal documents

capitalization of, 7.4

citation of, 7.7

Legal encyclopedias, 7.4

Legal newspapers, 7.2

Legalisms, avoidance of, 12.3

Legislation (see Session Laws and Unconsolidated Laws, Statutes)

Legislative and other materials, 3.1 (f); 3.2 (c)

Lexis, 2.4 (a) (1); 2.4 (a) (2)

Local laws, Appendix 4

Magazines, 7.2; 13.8

Manuals, citation of, 7.8

Measurements, use of symbols for, 10.2 (b) (2)

Medium neutral citations, 2.3 (c) (4)

Model codes, 3.1 (e)

Model Colloquies 4.1 (d)

abbreviations, Appendix 3

citations, 2.2 (a) (5); 2.2 (b) (2); Appendix 3

in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3

case citations, 2.2 (a) (6)

statutory citations, 3.1 (b) (2)

authors, 7.1 (b); 7.5 (b)

case names, 2.1; Appendix 1

corporate names, 10.4 (c)

foreign names, 13.7; Appendix 5

judge name in opinion opening, typography of, 13.4

newspapers and magazines, typography of names of, 13.8

reporter, citing out-of-state cases by name of, 2.3 (c) (3)

statutes, Appendix 4

style of judges names, 10.1 (i); 10.4 (a); 13.4

style of personal names, 10.4 (b)

titles, 8.0; 9.5; 10.1 (b); Appendix 6

abbreviations, Appendix 1

style, 2.1; Appendixes 1, 6

general style, 7.2 (a)

typography of names of, 13.8

Personnel Rules and Regulations, 4.1 (b) (1)

Rules of City of New York, 4.1 (b) (1)

Building Code, 4.1 (b) (8)

Codes, Rules and Regulations, 4.1 (a); 4.1 (b)

court decisions, 2.2; Appendix 2

Session Laws, 3.1 (d)

statutes, Appendix 4

attorney disciplinary charges, 10.2 (a) (7)

criminal sentences, 10.2 (a) (5)

dollar amounts, 10.2 (a) (2)

first word of sentence, 10.2 (a) (1)

fractions, 10.2 (a) (3)

prisoner disciplinary hearings, 10.2 (a) (7)

sex offender risk levels, 10.2 (a) (7)

state retirement tiers, 10.2 (a) (7)

in constitutions, 5.2; 10.2 (a) (4)

in statutes, 3.1 (b); 10.2 (a) (4)

Official Compilation of Codes, Rules and Regulations of State of New York, 4.1 (a)

abbreviations, Appendix 2

citation of, 2.2; 2.3

"at," use in citation to particular page, 1.3

legal periodicals, treatises and other works, 7.1 (a)

pinpoint page citations, 1.3; 2.2 (a) (2); 2.2 (a) (3)

cases, official and unofficial reports, 1.3; 2.2 (b) (1); 2.3 (a); 2.4 (a)

New York cases, 2.2 (b) (1)

official citation not available, 2.2 (b); 2.3; 2.4

officially reported case, 2.2; 2.3

subsequent reference to, 1.3 (d)

unofficial reports, 2.2 (b) (1); 2.3; 2.4

citation of cases and reports within parentheses, 1.2 (a); 1.2 (c); 2.2; 2.3; 2.4

citation of codes, rules and regulations within parentheses, 1.2 (a); 1.2 (c); 4.0

citation of statutes within parentheses, 1.2 (a); 1.2 (c); 3.0; Appendix 4

constitutional citations within parentheses, 5.2 (a)

punctuation of parenthetical citations, 1.2 (c); 2.0-7.0

court of decision, 2.2; 2.3; 2.4

dates, 1.1 (a); 2.2; 2.3; 2.4

jurisdiction, 2.2; 2.3; 2.4

popular name of statute, 3.1 (d)

general style, 7.2 (a)

student-authored works, 7.2 (b)

titles of actions and proceedings, 8.4

Popular names of acts and constitutional clauses, capitalization of, 10.1 (j) (2)

ascending statutory hierarchy, 3.1 (b) (2)

citations within parentheses, 1.2 (c) (2)

descending statutory hierarchy, 3.1 (b) (1)

history of case, 2.2 (a) (5); 2.2 (a) (6)

introductory signals, 1.4

parallel statutory hierarchy, 3.1 (b) (2)

quotations, 2.2 (a) (4); 11.1 (a); 11.1 (b)

citation, 2.2 (a) (4)

emphasis in, 11.1 (f)

multiple page, 2.2 (a) (4)

periods, use of, 11.1 (b)

punctuation of, 11.1 (a); 11.1 (b); 11.1 (c) (2)

capitalization of, 10.1 (j) (1)

citation using agency name, 4.1 (a) (3); 4.1 (b) (10)

quotation of, 11.1 (g)

abbreviations, Appendix 2

dual citations, 2.2 (b); 2.3 (a); 2.3 (c); 2.4 (a)

manuals, handbooks, guidelines and reports, citation of, 7.8

official, 2.2; 2.3; 2.4

unofficial, 2.2 (b); 2.3; 2.4

capitalization of, 10.1 (j) (1)

Professional Conduct, Rules of, 4.1 (b) (6)

quotation of, 11.1 (g)

citations, 3.0; 4.0; 6.2; 7.3-7.6

Session Laws, 3.1 (d)

repeating citations, 1.3

secondary authority, 1.3

Session Laws, 3.1 (d)

Unconsolidated Laws, 3.1 (d)

New York slip opinions, 2.2 (a) (8)

unofficially reported New York slip opinions, 2.2 (b)

citation, 1.1-1.3; 2.0

official reports, 1.1-1.3; 2.0

parallel citations, 1.3 (d); 2.2 (b) (1); 2.3; 2.4

reports, 1.1-1.3; 2.0; Appendix 2

unofficial reports, 2.2 (b); 2.3; 2.4

abbreviation style, 3.1 (a); Appendix 4

amended, 3.1 (b) (3)

ascending statutory hierarchy, 3.1 (b) (2)

capitalization of, 10.1 (j); Appendix 4

citation of, 1.0; 3.0; Appendix 4

clauses in cited material, 3.1 (b) (1); 10.1 (j) (2)

consolidated statutes, 3.1

descending statutory hierarchy, 3.1 (b) (1)

divisions, 1.1; 3.0; 3.1 (b) (1) (b)

elements of citation, 1.1 (b)

federal statutes, 3.2; Appendix 4

former statutes, 3.1 (b) (4)

forms within parentheses, 1.2 (c); 3.0; Appendix 4

forms within running text, 1.2 (b); 3.0; Appendix 4

New York statutes, 3.1; Appendix 4

out-of-state statutes, 3.3

paragraphs in cited material, 3.0; 4.1 (a); 4.2 (a)

parallel statutory hierarchy, 3.1 (b) (2)

punctuation, 1.1; 3.0

quotation of, 11.1 (g)

renumbered, 3.1 (b) (3)

Session Laws, 3.1 (d)

short citation forms, 1.3; 3.1 (b) (1) (c)

subdivisions in cited material, 3.0

Unconsolidated Laws, 3.1 (d); Appendix 4

abbreviations, Appendixes 1-4

appearances of counsel, 9.0

capitalization, 10.1

case names, 2.1; Appendix 1

dates, 1.1 (a); 10.3

judges names, 10.1 (i); 10.4 (a); 13.4

personal names, 10.4 (b)

quotations, 2.2 (a) (4); 11.0

titles, 8.0; 13.1; Appendix 6

typography, particular styles of, 13.0

word styles, 12.0; Appendix 5

citation of cases in, 1.2; 1.3 (b) (1)

citation of codes, rules and regulations in, 4.0

citation of constitutions in, 5.0

citation of statutes in, 1.2; 3.0

abbreviation of, 10.3 (h)

actions and proceedings, 8.0; Appendix 6

decisions, typography of titles of, 13.1

legal periodicals, 7.1 (c); 7.2

middle names of parties, 8.1 (d)

parties, 8.0; Appendix 6

public bodies and officials, 8.1 (e); Appendix 6

treatises, 7.1 (c); 7.3 (b)

use of initials, 8.1 (d)

italicization, 1.4; 2.0; 7.0; 9.0; 12.3 (c); 13.0; Appendix 5

citation of, 3.1 (d); Appendix 4

short-form citation, 3.1 (d); Appendix 4

abbreviation of, Appendix 4

citation of, 3.2; Appendix 4

abbreviation of, Appendix 2

citation of, 2.3 (a)

New York cases, 2.2 (b)

United States Supreme Court, 2.3 (a)

abstracts of, 2.2 (b) (2)

New York cases, 2.1 (a) (2); 2.2 (b)

introductory signals, 1.4 (a)

decision type, 2.2 (a) (7)

case citations, 1.1 (a); 2.2; 2.3; 2.4

enactment, Session Laws, 3.1 (d)

Session Laws, 3.1 (d)

statutory citations, 3.1; 4.0; 6.2

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