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OFFICIAL
EDITION
New York
Law Reports
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Style Manual
2007 Edition
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Prepared By
THE LAW REPORTING BUREAU
OF THE STATE OF NEW YORK
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OFFICIAL EDITION
NEW YORK
LAW REPORTS
STYLE MANUAL
Prepared By
The Law Reporting Bureau
of The State Of New York
2007
Compiled and Edited By
Katherine D. LaBoda
Charles A. Ashe
William J. Hooks
Michael S. Moran
Chilton B. Latham
Kathleen B. Hughes
Cynthia A. McCormick
GARY D. SPIVEY
STATE REPORTER
COPYRIGHT © 2007
New York State Unified Court System
First Edition Published in 1956.
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FOREWORD
As with the 2002 Style Manual, I begin by thanking our terrific State Reporter, Gary Spivey, and the entire Law Reporting Bureau of the State of New York, both for the 2007 Style Manual and for inviting this Foreword.
In preparing this message, I was reminded of the "strength of the common law to respond, albeit cautiously and intelligently, to the demands of commonsense justice in an evolving society." (Madden v Creative Servs., 84 NY2d 738, 744 [1995].) Five years ago, the Law Reporting Bureau substantially overhauled, expanded and modernized the Style Manual. As a former copy editor (before and during law school), I regarded that event as nothing short of thrilling. Imagine, no more unnecessary Latinisms, legalisms, commas and supras! Truly we had moved with the times, cautiously and intelligently, toward simpler, clearer, cleaner text.
Like the common law itself, the updating continues. This time it is more akin to filling crevices than bridging chasms: new abbreviations, fewer capitalizations, simplified procedures for altering or omitting language in quoted materials. Always the movement, happily, is toward more readable text.
This update reflects movement with the times in other ways as well. For example, it recognizes the essential place of modern technology in our world. Right alongside citation forms for ancient research materials we now have formats for tabular or abstracted cases, Internet materials and weblogs. And the 2007 edition reflects society's heightened awareness of privacy protection and people with disabilities.
Again like the development of the law, the Style Manual retains so much of the "tried and true." No need for change simply for the sake of change. Here I find most impressive, and welcome, the consultative process the Law Reporting Bureau engaged in, to determine what needed to be changed and what did not. Anyone who thinks this update was a simple task should have a look at the redlined version, showing every change from the 2002 version of the manual as amended by the 2004 supplement. It was a massive project!
All of which brings me, finally, to the most cherished thing that remains unchanged, enduring: the gratitude of the Chief Judge, the Court of Appeals and the Unified Court System to the Law Reporting Bureau for its extraordinary competence, diligence and vigilance in this updated Style Manual as well as its everyday work. We recognize our extraordinary good fortune in the State of New York to have this phenomenal resource. |
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PREFACE TO THE 2007 EDITION
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.
General References
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:
The Bluebook: A Uniform System of Citation (Colum L Rev Assn et al. eds, 18th ed 2005)
Association of Legal Writing Directors & Darby Dickerson, ALWD Citation Manual (Aspen Publs 3d ed 2006)
Bryan A. Garner, The Redbook: A Manual on Legal Style (2d ed 2006)
The Chicago Manual of Style (15th ed 2003)
Webster's Third New International Dictionary (2002)
Black's Law Dictionary (8th ed 2004)
Gerald Lebovits, Advanced Judicial Opinion Writing (7.4 ed 2004)
Richard C. Wydick, Plain English for Lawyers (5th ed 2005)
Important Changes
This 2007 Edition has been revised to provide updated and expanded examples of citation formats, including those for electronic sources; to conform to modern style practices; to further reduce unnecessary style variations from standard sources; and to resolve residual style inconsistencies. This edition further promotes the use of plain English and a writing style respectful of the privacy and dignity of persons referred to in decisions. It incorporates and makes permanent the changes published in the 2004 Supplement to the 2002 Edition. The most noteworthy of the changes found in this Manual are:
1. Citation Style:
- To eliminate guesswork about how to cite decisions by name, a new rule (2.1 [a] [1]) requires that published New York decisions be cited by the case names specified in the newly published Official Case Name and Citation Locator (http://iapps.courts.state.ny.us/lawReporting/SearchCitation) and in the "Cite Title As" fields of the on-line Reports. The Locator compiles and conforms to modern style the case names in the tables of cases in the printed Reports.
- To give authors a means to avoid interrupting their text with citations, a rule (1.2 [e]) first introduced in the 2004 Supplement permits the use of the citational footnote style, and a model opinion in that style has been included as Appendix 7.
- In accordance with standard authorities, a revised rule first included in the 2004 Supplement makes mandatory the formerly optional use of year of decision in full case citations (1.1 [a]).
- In a continuing effort to eliminate useless citation formalities, the use of supra to indicate that an authority has been cited previously is no longer permitted with shortened citations (1.3 [b] [2]) and is no longer required for any subsequent reference (1.3 [c]); and the placement of a comma between a citation signal and the citation is no longer permitted (1.4 [a]).
- A number of changes stem from the migration of legal research from print to electronic formats. Thus, the requirement to supply print page references where the electronic source cited does not provide them has been eliminated (1.5 [e]; 7.1 [a]). Formats for citing tabular or abstracted cases (table in print, full text on line) have been added (2.2 [b] [2]; 2.4 [a] [2]). The restrictions on citing Internet materials have been eased to permit Internet citations where the cited material is not readily available in another form (2.4 [a] [3]; 7.1 [c] [1]). And a format for citing weblogs has been provided (7.1 [c] [4]).
- Use of the names of student authors of law review notes (7.2 [b]) and authors of American Law Reports annotations (7.5 [b]), in accordance with the modern rule in standard citation authorities, now is required.
- Additional or revised forms of citation have been provided for commission and agency documents and materials (2.4 [b] [1]); statutes (3.1-3.3, Appendix 4); regulations, court rules and jury instructions (4.1-4.2); legal periodicals, treatises and other works (7.2-7.6); and legal documents such as transcripts, exhibits and affidavits (7.7).
2. Abbreviation:
Many new abbreviations have been added for case names, law reports, appellate history terms and statutes (Appendixes 1-4).
3. Capitalization:
The rules on capitalization continue to be modernized, in accordance with standard authorities, to eliminate excessive capitalization. Thus:
- A new rule clarifies that the word "the" is not capitalized as part of the name of an entity (e.g., the New York Times) (10.4 [c]).
- Rules have been added on capitalization of regional names (10.1 [n]), animal breeds (10.1 [o]) and numbered items such as indictments and exhibits (10.1 [p]).
4. Quotations:
Modern and simplified practices on the omission or alteration of language in quoted material have been adopted.
- As first required in the 2004 Supplement, an elision is to be indicated by three ellipsis points (. . .), not by asterisks (11.1 [c]).
- For simplicity, the use of three ellipsis points, rather than four points (three ellipsis points and a period), to indicate the omission of language between quoted sentences now is preferred (11.1 [c]).
- In accordance with standard authorities, the use of "emphasis in original" is no longer permitted, since quotations are presumed to be faithful to their source unless an alteration is indicated (11.1 [f]).
5. Word Style and Usage:
- In recognition of privacy and security concerns, the rule (12.4), introduced in the 2004 Supplement, on the redaction of personal identifying information has been expanded.
- To promote the use of plain English, the rule on avoiding Latinisms has been expanded to include legalisms (12.3).
- Many examples have been added to the list showing the style of particular words, with a continuing modern style emphasis on reducing excessive use of hyphens and italics (Appendix 5), and recurrent style inconsistencies have been addressed by new rules (e.g., 10.3 [e] [specifying 1920s, not 1920's]).
- A new rule (12.5) provides guidance on describing persons with disabilities.
6. Other Changes:
The rules on formulation of case summaries (appeal statements) are not new, but were not previously included in this Manual (Appendix 8).
Exceptions and Changes
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 to improve the Style Manual. Send them to reporter@courts.state.ny.us.
Internet Version of this Manual
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.
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RULES REQUIRING CITATION TO OFFICIAL REPORTS
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| "New York decisions shall be cited from the official reports, if any." (CPLR 5529 [e].)
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| "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 [c].)
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| "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].)
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| "New York decisions shall be cited from the official reports, if any." (Rules of App Div, 1st Dept [22 NYCRR] § 600.10 [a] [11].)
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| "New York decisions shall be cited from the official reports, if any." (Rules of App Div, 4th Dept [22 NYCRR] § 1000.4 [f] [7].)
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TABLE OF CONTENTS
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Summary of Table of Contents
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| PART I: CITATION STYLE
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| 1.0 CITATION STYLE IN GENERAL
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| 2.0 CASES
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| 3.0 STATUTES AND LEGISLATIVE MATERIALS
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| 4.0 REGULATIONS, COURT RULES AND JURY INSTRUCTIONS
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| 5.0 CONSTITUTIONS
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| 6.0 TREATIES AND INTERNATIONAL AGREEMENTS
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| 7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS
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| PART II: OTHER STYLE ISSUES
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| 8.0 TITLES OF ACTIONS AND PROCEEDINGS
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| 9.0 APPEARANCES OF COUNSEL
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| 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, AND NAMES
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| 11.0 QUOTATIONS AND QUOTATION MARKS
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| 12.0 WORD STYLE IN GENERAL
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| PART III: TYPOGRAPHY AND SPACING
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| 13.0 TYPOGRAPHY
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| 14.0 SPACING
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| PART IV: APPENDIXES
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| APPENDIX 1 — COMMON CASE NAME ABBREVIATIONS
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| APPENDIX 2 — ABBREVIATION OF CASE LAW REPORTS
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| APPENDIX 3 — APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS
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| APPENDIX 4 — STYLE AND ABBREVIATION OF PARTICULAR STATUTES
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| APPENDIX 5 — STYLE OF PARTICULAR WORDS
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| APPENDIX 6 — TITLES IN VARIOUS ACTIONS AND PROCEEDINGS, WITH CASE NAMES
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| APPENDIX 7 — CITATIONAL FOOTNOTE STYLE (MODEL OPINION)
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| APPENDIX 8 — FORMULATION OF SUMMARIES (APPEAL STATEMENTS)
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| PART V: INDEX
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PART I: CITATION STYLE
1.0 CITATION STYLE IN GENERAL
1.1 ELEMENTS OF A CITATION
1.1 (b) Statutory Citation Elements
1.2 PLACEMENT OF CITATIONS
1.2 (c) Citations within Parentheses
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) Shortened Case Names and Popular Names
1.3 (c) Full Citation with "
Supra "
1.3 (d) Subsequent Reference to Immediately Preceding Authority
1.3 (e) Subsequent Reference to Parallel Citations
1.4 (a) Citations Introduced by Signals
1.4 (b) Signal Word Serving as a Verb
1.5 ELECTRONIC SOURCES IN GENERAL
2.0 CASES
(1) Cases Officially Reported
(2) Cases Not Officially Reported
2.1 (b) Supreme Court of the United States 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 (c) Out-of-State and Unofficial Case Citations
2.4 OTHER SOURCES OF DECISIONS
2.4 (b) Commission, Agency and Ethics Opinions
(1) Commission and Agency Documents and Materials
3.0 STATUTES AND LEGISLATIVE MATERIALS
3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS
3.1 (a) Statutory Abbreviation Style in General
(2) Citation Strings and Multiple Statutory Citations
(3) Statutory Amendments, Additions and Renumbering
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
4.0 REGULATIONS, COURT RULES AND JURY INSTRUCTIONS
4.1 NEW YORK RULES, REGULATIONS AND INSTRUCTIONS
4.1 (b) Particular Rules and Regulations
(1) New York City Civil Service Commission Rules and Regulations
(2) Rules of the City of New York
(3) Rules of the Court of Appeals
(4) Rules of the Appellate Division
(5) Uniform Rules for the New York State Trial Courts
(6) 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) Insurance Department Regulations
4.1 (c) Pattern Jury and Criminal Jury Instructions
(1) Pattern Jury Instructions
(2) Criminal Jury Instructions
4.2 FEDERAL RULES AND REGULATIONS
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
5.0 CONSTITUTIONS
5.3 HISTORICAL CONSTITUTIONAL MATERIAL
6.0 TREATIES AND INTERNATIONAL AGREEMENTS
7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS
7.2 PERIODICALS, NEWSPAPERS AND BOOKS
7.3 (b) Abbreviated Treatise Titles
7.4 DICTIONARIES AND ENCYCLOPEDIAS
7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS
PART II: OTHER STYLE ISSUES
8.0 TITLES OF ACTIONS AND PROCEEDINGS
8.1 GENERAL RULES OF TITLE FORMULATION
8.1 (e) Representative or Official Capacity
8.1 (g)Parties in Transferred Proceedings, etc.
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
9.0 APPEARANCES OF COUNSEL
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
9.5 NAME AND TITLE OF PUBLIC OFFICIALS
9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING
CONSTITUTIONALITY OF STATUTE
9.7 OUT-OF-STATE ATTORNEY
10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, AND NAMES
10.1 (b) Government Bodies and Officials
10.1 (c) States and Political Subdivisions
10.1 (j) Acts, Bills, Codes, Constitutions, etc.
10.2 NUMERALS, NUMBERS AND SYMBOLS
(7) Sex Offender Risk Levels, Prisoner Disciplinary Hearings and Attorney Disciplinary Charges
(2) Distances and Measurements
11.0 QUOTATIONS AND QUOTATION MARKS
11.1 (g) Statutory and Regulatory Material
11.2 (d) Use of Quotation Marks for Short-Form References
12.0 WORD STYLE IN GENERAL
12.1 GENDER NEUTRAL WRITING
12.1 (b) Using "He" or "She" as Generic Pronoun
12.3 AVOIDANCE OF LATINISMS AND LEGALISMS
12.3 (a) Use of English Language Words and Phrases
12.4 PERSONAL IDENTIFYING INFORMATION
12.5 DESCRIBING PERSONS WITH DISABILITIES
PART III: TYPOGRAPHY AND SPACING
13.0 TYPOGRAPHY
13.2 PARAGRAPH AND SECTION HEADINGS
13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE
13.5 SMALL CAPITALS USED IN TEXT
13.7 FOREIGN WORDS AND PHRASES
13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.
14.0 SPACING
14.1 ABBREVIATION SPACING
PART IV: APPENDIXES
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)
PART V: INDEX
PART I: CITATION STYLE
1.0 CITATION STYLE IN GENERAL
Contents of Section
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1.1 (b) Statutory Citation Elements
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| 1.2 PLACEMENT OF CITATIONS
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1.2 (c) Citations within Parentheses
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1.2 (f) Footnote Numbers in Relation to Punctuation
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1.3 (a) Options for Referencing Previously Cited Authority
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(1) Shortened Case Names and Popular Names
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1.3 (d) Subsequent Reference to Immediately Preceding Authority
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1.3 (e) Subsequent Reference to Parallel Citations
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| 1.4 INTRODUCTORY SIGNALS
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1.4 (a) Citations Introduced by Signals
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1.4 (b) Signal Word Serving as a Verb
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| 1.5 ELECTRONIC SOURCES IN GENERAL
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1.1 ELEMENTS OF A CITATION
The year of decision must be included for all full case references, including references to appellate history.
1.1 (b) Statutory Citation Elements
1.2 PLACEMENT OF CITATIONS
Citations may be placed in running text, within parentheses, or in footnotes. The prevalent style in the Official Reports is to place citations within parentheses. Unless otherwise indicated, the examples in this Manual are shown in that form.
The term "citation in running text" indicates an authority referred to in the text of a sentence, as in the examples below:
The situation in Rogers v Rogers (63 NY2d 582 [1984], revg 98 AD2d 999 [1983]) mirrors the situation in this decision.
The clear and convincing evidence standard discussed in Solomon v State of New York (146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979]) was not met here.
Plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
1.2 (c) Citations within Parentheses
The term "citation within parentheses" refers to any citation that appears entirely within parentheses.
Citations within parentheses may be referenced as in the examples below:
The clear and convincing evidence standard was not met here (see Solomon v State of New York, 146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979]).
The facts in this decision are not unusual (see George C. Miller Brick Co., Inc. v Stark Ceramics, Inc., 9 Misc 3d 151 [Sup Ct, Monroe County 2005, Fisher, J.]).
Plaintiff did not sustain a serious injury (Insurance Law § 5102 [d]).
Place the final period in a sentence ending with a parenthetical as follows:
Such is the law (People v Moran, 2 AD3d 216 [2003]).
or
Such is the law. (People v Moran, 2 AD3d 216 [2003].)
not
Such is the law (People v Moran, 2 AD3d 216 [2003].)
The parenthetical is placed within the sentence (as in first example above) if it relates to the sentence alone, or outside the sentence (as in second example above) if it relates to more than one preceding sentence.
Running text or parenthetical citation style may be used in footnotes. Some examples are:
* Solomon v State of New York (146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979]). [Note: running text]
* (Solomon v State of New York, 146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979].) [Note: parenthetical]
The citational footnote style may be used in conjunction with either the running text citation style (section 1.2 [b]) or the citations within parentheses style (section 1.2 [c]). If used, the citational footnote style should be used for all citations in the opinion. Do not mix styles in the same opinion. See Appendix 7 for a model opinion formatted in the citational footnote style.
Place the case name in running text and the volume—report—page or other bibliographic information in the footnote and eliminate the parentheses enclosing the citation. The footnote number should be placed at the point in the text where the citation would appear if the citation were placed in the text.
Example:
The situation in Rogers v Rogers1 mirrors the situation in this decision.
1. 63 NY2d 582 (1984), revg 98 AD2d 999 (1983).
(2) Citations within Parentheses Style
Place the footnote number at the point where the parenthetical citation would appear if the parenthetical citation were placed in the body of the opinion, place the citation in the footnote and eliminate the parentheses enclosing the citation.
Example:
The facts in this decision are not unusual.1
1. See George C. Miller Brick Co., Inc. v Stark Ceramics, Inc., 9 Misc 3d 151 (Sup Ct, Monroe County 2005, Fisher, J.).
When using the citational footnote style, citations that appear within textual footnotes should not be placed within parentheses.
Example:
2. The effect of the deregulation on the structure and organization of the natural gas industry is detailed in General Motors Corp. v Tracy, 519 US 278, 283-297 (1997).
1.2 (f) Footnote Numbers in Relation to Punctuation
Footnote numbers appearing in decisions follow punctuation marks.
Example:
County Court denied defendant's motion;16 the Appellate Division reversed, vacated the judgment, restored the indictment to the pre-plea stage, and reinstated the prosecution's notice of intent to seek the death penalty.17
1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY
1.3 (a) Options for Referencing Previously Cited Authority
A reference to previously cited authority may use a short-form reference; repeat the full citation to the authority, followed by a "supra" (if desired); or use "id." where appropriate. The subsequent citation should omit any reference to optional information (section 2.2 [a] [7]) and history.
(1) Shortened Case Names and Popular Names
Subsequent references to a case in running text or within parentheses may use a shortened case name. The shortened form of the case name is usually the name of the first nongovernmental party (for example, "Krom" for "People v Krom" and "Albouyeh" for "Albouyeh v County of Suffolk"). Popular names for cases (for example, "the Central Park Jogger case") may be used when desired.
Subsequent references to cases and statutes may be abbreviated as follows:
(Matter of Murphy, 6 NY3d at 43)
(Murphy, 6 NY3d at 43)
(Murphy at 43)
(6 NY3d at 43)
(§ 205.05)
"Supra" should not be used with shortened citations.
The full citation may be repeated, as follows:
(Matter of Murphy, 6 NY3d 36 [2005], supra)
(Penal Law § 205.05, supra)
The use of "supra" with a repeated full citation is optional.
1.3 (d) Subsequent Reference to Immediately Preceding Authority
When a subsequent reference is made to an immediately preceding authority, "id." may be used:
(id.) [Note: identical reference to an immediately preceding authority]
(Id. at 495.) [Note: reference to an immediately preceding authority at a different page]
1.3 (e) Subsequent Reference to Parallel Citations
Where parallel citations are provided in the first reference, subsequent references should supply jump page references for each parallel citation. Thus, (Newbold v Arvidson, 105 Idaho 663, 672 P2d 231 [1983]) becomes (Newbold, 105 Idaho at 667, 672 P2d at 235).
1.4 (a) Citations Introduced by Signals
Citations may be introduced by signals that indicate the purpose for which the citations are made and the degree of support the citations give. Do not place a comma between the signal and citation. Consult standard citation authorities for information regarding the order of signals and the order of authorities within each signal.
The following examples illustrate the use of introductory signals:
(e.g. Dalton v Pataki, 5 NY3d 243 [2005])
(see Dalton v Pataki, 5 NY3d 243 [2005])
(but see Dalton v Pataki, 5 NY3d 243 [2005])
(cf. Matter of Oglesby v McKinney, 28 AD3d 153 [2006])
(but cf. Matter of Oglesby v McKinney, 28 AD3d 153 [2006])
(accord Matter of Oglesby v McKinney, 28 AD3d 153 [2006])
(see also Penal Law § 20.00)
(compare Penal Law § 210.40 and CPL 320.10)
(see e.g. CPL 40.50)
(but see e.g. People v McConnell, 11 Misc 3d 57 [2006])
(compare People v McConnell, 11 Misc 3d 57 [2006])
(see generally People v McConnell, 11 Misc 3d 57 [2006])
(compare Klein v Eubank, 87 NY2d 459 [1996], with Shapiro v McNeill, 92 NY2d 91 [1998])
(compare Klein v Eubank, 87 NY2d 459 [1996], and D'Amico v Crosson, 93 NY2d 29 [1999], with Shapiro v McNeill, 92 NY2d 91 [1998])
(and see Koehler v Koehler, 182 Misc 2d 436 [1999])
(contra Koehler v Koehler, 182 Misc 2d 436 [1999])
1.4 (b) Signal Word Serving as a Verb
Do not italicize a signal word that serves as a verb of a sentence:
For a discussion of Executive Law § 63 (2), see Matter of Johnson v Pataki (91 NY2d 214 [1997]).
1.5 ELECTRONIC SOURCES IN GENERAL
Electronic services (e.g., Westlaw, Lexis) are cited as indicated in section 2.4 (a) (1).
Internet material is cited as indicated in section 2.4 (a) (3) and section 7.1 (c).
CD-ROM material is cited as indicated in section 7.3 (d).
New York slip opinions are cited as indicated in section 2.2 (a) (8).
Some electronic sources do not contain pagination; therefore, page references are not required when citing those sources. Where the source contains pagination, a page reference may be included if greater precision is desired.
2.0 CASES
Contents of Section
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| 2.1 CASE NAMES |
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(1) Cases Officially Reported
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(2) Cases Not Officially Reported
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2.1 (b) Supreme Court of the United States Cases
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| 2.2 NEW YORK COURT DECISIONS
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2.2 (a) Decisions Officially Reported
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2.2 (b) Unofficially Reported or Unreported Decisions
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| 2.3 FEDERAL AND OUT-OF-STATE DECISIONS
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2.3 (a) Supreme Court of the United States
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2.3 (c) Out-of-State and Unofficial Case Citations
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| 2.4 OTHER SOURCES OF DECISIONS
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2.4 (b) Commission, Agency and Ethics Opinions
|
(1) Commission and Agency Documents and Materials
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|
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(1) Cases Officially Reported
First, Second and Third Series Cases
Case names for New York decisions reported in the first, second and third series of the New York Official Reports can be found in the Official Case Name and Citation Locator at
http://iapps.courts.state.ny.us/lawReporting/SearchCitation. The case name for a decision also is provided in the "Cite Title As" field in the on-line Official Reports. Case names found in the Table of Cases in the printed Official Reports should not be used when they differ from the electronic version.
(2) Cases Not Officially Reported
If a case has not been officially reported, formulate a case name using the citation naming conventions found in standard citation manuals and apply the abbreviations listed in Appendix 1. Also see examples of case names in Appendix 6.
2.1 (b) Supreme Court of the United States Cases
Case names for the Supreme Court of the United States cases are found on the Supreme Court Web site at
http://www.supremecourtus.gov/opinions/casefinder.html. If the case does not appear in the Supreme Court's listing, formulate a case name using the citation naming conventions found in standard citation manuals and apply the abbreviations listed in Appendix 1.
For any other case, use the case name found in standard citation services, or formulate a name by applying citation naming conventions found in standard citation manuals. In either event, use the abbreviations listed in Appendix 1.
2.2 NEW YORK COURT DECISIONS
2.2 (a) Decisions Officially Reported
Cite to the Official Reports as follows:
(O'Connell v Corcoran, 1 NY3d 179 [2003])
(Matter of Cornell Univ. v Beer, 16 AD3d 890 [2005])
(Matter of Gernold, 9 Misc 3d 427 [2005])
(2) Point or Jump Page Citation
To refer to a particular "jump" or point page in a decision:
(People v Ramos, 90 NY2d 490, 495 [1997])
(Matter of Cornell Univ. v Beer, 16 AD3d 890, 894 [2005])
Where the point page is the same as the initial page:
(Matter of Allen v Black, 275 AD2d 207, 207 [2000])
(3) Case Citation Containing Footnotes
Cases Containing Single Footnote
Citation to the sole footnote in a decision is designated by a lowercase "n" as follows:
(People v Wilson, 93 NY2d 222, 226 n [1999])
Cases Containing More Than One Footnote
Where a case contains more than one footnote, the citation should indicate the number of the footnote being cited as follows:
(Desiderio v Ochs, 100 NY2d 159, 168 n 3 [2003])
Case Citation Containing Multiple Footnotes
Cite multiple footnotes appearing on the same page as follows:
(Matter of Black Radio Network v Public Serv. Commn. of State of N.Y., 253 AD2d 22, 25 nn 2, 3 [1999])
(4) Citation Referencing Multiple Page Quotation
In citing a single quotation that runs over two or more pages, give the pages at which it begins and ends, separated by a hyphen, rather than a comma:
(Matter of Sayeh R., 91 NY2d 306, 316-317 [1997])
(Scalp & Blade v Advest, Inc., 309 AD2d 219, 226-227 [2003])
(5) Citation Including Appellate History
Show appellate history as follows:
(Flores v Lower E. Side Serv. Ctr., 3 AD3d 459 [2004], revd 4 NY3d 363 [2005])
(D'Angelo v Cole, 108 AD2d 541 [1985], mod 67 NY2d 65 [1986])
(National City Bank v Gelfert, 257 App Div 465 [1939], revd 284 NY 13 [1940], revd 313 US 221 [1941])
(Garden Homes Woodlands Co. v Town of Dover, 95 NY2d 516 [2000], revg 266 AD2d 187 [1999])
(Matter of Rosenblum v New York State Workers' Compensation Bd., 309 AD2d 120 [2003], affg 190 Misc 2d 588 [2002])
(Gross v Sandow, 5 AD3d 901 [2004], lv dismissed and denied 3 NY3d 735 [2004])
(People v Ferber, 96 Misc 2d 669 [1978], affd 74 AD2d 558 [1980], revd 52 NY2d 674 [1981], revd 458 US 747 [1982])
(Kaufman v Eli Lilly & Co., 65 NY2d 449 [1985], modfg 99 AD2d 695 [1984], which affd 116 Misc 2d 351 [1982])
(Ferres v City of New Rochelle, 112 AD2d 918 [1985], lv granted 67 NY2d 603 [1986])
(Marco v Sachs, 10 NY2d 542 [1962], rearg denied 11 NY2d 766 [1962])
(People v Rowe, 152 AD2d 907 [1989], affd for reasons stated below 75 NY2d 948 [1990])
(N.A. Kerson Co. v Shayne, Dachs, Weiss, Kolbrenner, Levy, 59 AD2d 551 [1977], affd on concurring op of Suozzi, J., 45 NY2d 730 [1978])
For a listing of appellate history abbreviations, see Appendix 3.
Where multiple citations are given, the style is:
(cf. Edkins v Board of Educ. of City of N.Y., 261 App Div 1096 [1941], revd 287 NY 505 [1942]; Brown v Rosenbaum, 262 App Div 136 [1941], affd 287 NY 510 [1942]; Broderick v Aaron, 264 NY 368 [1934])
(see Hill v St. Clare's Hosp., 107 AD2d 557 [1985], mod 67 NY2d 72 [1986]; cf. McDermott v Torre, 56 NY2d 399 [1982]; Holzberg v Flower & Fifth Ave. Hosps., 32 NY2d 716 [1973], affg 39 AD2d 526 [1972])
Although including the deciding forum and judge is not required, such information may be supplied in brackets, following the citation, omitting whatever information is made redundant by the citation itself.
Examples:
(Iazzetti v City of New York, 94 NY2d 183 [Dec. 2, 1999, Kaye, Ch. J.])
(People v Otero, 268 AD2d 615 [3d Dept 2000])
(Town of Clarkstown v M.R.O. Pump & Tank, Inc., 32 AD3d 925 [2d Dept 2006])
(Ponce v St. John's Cemetery, 222 AD2d 361, 364 [1995, Rubin, J., dissenting])
(Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d Dept 1994]) or
(Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d & 11th Jud Dists 1994]) or
(Davern Realty Corp. v Vaughn, 161 Misc 2d 550 [App Term, 2d Dept, 2d & 11th Jud Dists 1994])
(Department of Hous. Preserv. & Dev. of City of N.Y. v Living Waters Realty Inc., 14 Misc 3d 484 [Hous Part, Civ Ct, NY County 2006])
(LaManna v Carrigan, 196 Misc 2d 98 [Civ Ct, Richmond County 2003, Vitaliano, J.])
(People v David, 146 Misc 2d 628 [Rochester City Ct 1989])
(People v Comstock, 8 Wend 549 [Sup Ct Judicature 1832])
(Morss v Morss, 11 Barb 510 [Sup Ct, Albany County 1851])
Decision Type
The use of decision type indicators is optional:
(Hernandez v Robles, 7 NY3d 338 [2006 plurality])
(Arbanil v Flannery, 31 AD3d 588 [2006 mem])
(Matter of Anonymous, 37 AD3d 970 [2007 per curiam])
Court Abbreviations
References to courts within citations should be abbreviated as follows:
| Appellate Division
| App Div |
| City Court
| [city name] City Ct |
| Civil Court of the City of New York
| Civ Ct, [county name] County |
| County Court
| [county name] County Ct |
| Note: Court of Appeals (Federal)
| [circuit No.] Cir |
| Court of Appeals (State)
| Ct App |
| Court of Claims
| Ct Cl |
| Criminal Court of the City of New York
| Crim Ct, [county name] County |
| Note: District Court (Federal)
| D [forum] |
| District Court (State)
| [Nassau or Suffolk] Dist Ct |
| Family Court
| Fam Ct |
| Housing Part
| Hous Part |
| Judicial District
| Jud Dist |
| Justice Court
| Just Ct |
| Police Court
| Police Ct |
| Superior Court
| Super Ct |
| Note: Supreme Court (Federal)
| US |
| Supreme Court (State)
| Sup Ct |
| Supreme Court, Appellate Term
| App Term |
| Surrogate's Court
| Sur Ct |
(8) Citation to Slip Opinions
Opinions scheduled for publication in the Official Reports are cited: [year] NY Slip Op [number], as follows:
(Pittari v Pirro, __ Misc 2d __, 1999 NY Slip Op 99006 [Sup Ct, Westchester County 1998])
(Matter of Brown, __ AD2d __, __, 2000 NY Slip Op 01479, *3 [4th Dept 2000])
(Goodman v Barnard Coll., __ NY2d __, 2000 NY Slip Op 04838 [2000])
2.2 (b) Unofficially Reported or Unreported Decisions
(1) New York Parallel Unofficial Citations
Parallel unofficial citations are not used for officially reported New York State cases.
(2) Citation to Unreported Cases
Unreported New York Slip Opinions with Published Abstracts
A number of opinions not selected for full publication in the Miscellaneous Reports are published in abstract form in the printed Miscellaneous 3d Reports and in full text in the Slip Opinion Service and on-line Official Reports. Each opinion is assigned a Miscellaneous 3d citation as well as a unique Slip Opinion citation that is paginated to permit point page references.
Cite as follows:
(Matter of Lee v Chin, 1 Misc 3d 901[A], 2003 NY Slip Op 51455[U] [2003])
Jump page reference:
(2003 NY Slip Op 51455[U], *9)
Unreported New York Slip Opinions without Published Abstracts
Unreported slip opinions not abstracted in the Miscellaneous Reports are cited as follows:
(Pierre v Brady, 2002 NY Slip Op 50660[U] [2002])
Unreported Appellate Motion Decisions
Most Appellate Division and Appellate Term motion decisions are not published in print. They are cited as follows:
(Blair v Pierre, 2006 NY Slip Op 78812[U] [2d Dept 2006])
Other Unreported Cases
Cite unreported cases not published in the New York Slip Opinion Service in the following manner, including any information that would be useful in identifying the case:
(Keenan v Dayton Beach Park No. 1 Corp., Sup Ct, Queens County, June 5, 1990, Hentel, J., index No. 10302/84)
(Sinha v Sinha, Sup Ct, NY County, Oct. 3, 2003, Hoahng, Special Ref.)
(People v Moody, Sup Ct, NY County, Oct. 17, 1985, Neco, J., indictment No. 84-201)
(People v Boss, Sup Ct, Albany County, Feb. 17, 2000, Teresi, J., slip op at 4)
(3) Citation to the New York Law Journal
Where a case is not officially reported or published as an unreported case in the New York Slip Opinion Service, but appears in the New York Law Journal, cite as follows:
(Matter of Lutz, NYLJ, Mar. 28, 1986, at 15, col 5)
(People v Shulman, NYLJ, Apr. 2, 1999, at 35, col 6, at 36, col 1)
(Tryon v Westermann, NYLJ, Oct. 6, 2000, at 30, col 5 [Sup Ct, Nassau County, Austin, J.])
(4) Discontinued Unofficial Report
Where the choice lies between an unofficial report that is current and a discontinued unofficial report, the current report should be cited:
(National Mahaiwe Bank v Hand, 30 NYS 508 [1894])
not
(National Mahaiwe Bank v Hand, 80 Hun 584 [1894])
2.3 FEDERAL AND OUT-OF-STATE DECISIONS
2.3 (a) Supreme Court of the United States
(1) Citation to Official Reports
Supreme Court of the United States cases are cited from the United States Reports where available:
(Ohralick v Ohio State Bar Assn., 436 US 447 [1978])
Include whatever optional information is desired:
(Sandin v Conner, 515 US 472 [1995, Rehnquist, Ch. J.])
(2) Citation to Unofficial Reports
When the citation to the United States Reports is unavailable, supply a blank citation to the United States Reports with a parallel citation to an unofficial report as follows:
(Randall v Sorrell, 548 US __, __, 126 S Ct 2479, 2487-2491 [2006])
or
(Randall v Sorrell, 548 US __, __, 165 L Ed 2d 482, 493-497 [2006])
(1) Reported Federal Cases
Cite other federal court decisions as follows:
(O'Kane v Apfel, 224 F3d 686 [2000])
(Andale Equip. v Deere & Co., 985 F Supp 1042 [1997])
Include whatever optional information is desired:
(United States v Seltzer, 227 F3d 36 [2d Cir 2000])
(Dennis v Warren, 779 F2d 245 [5th Cir 1985]; Schultz v Frisby, 619 F Supp 792 [ED Wis 1985])
(Mavrovich v Vanderpool, 427 F Supp 2d 1084 [D Kan 2006])
(United States v Gridley, 725 F Supp 398 [ND Ind 1989])
(Jean v Collins, 221 F3d 656 [4th Cir 2000, en banc])
(2) Unreported Federal Cases
(Lonf v Apfel, 1 Fed Appx 326 [2001])
(Packer v City of Toledo, 1 Fed Appx 430 [6th Cir 2001])
(Lewis v Bloomburg Mills, US Dist Ct, SC, Dec. 30, 1982, Hemphill, J.)
(Govic v New York City Tr. Auth., US Dist Ct, SD NY, 89 Civ 7062, DiCarlo, J., 1989)
2.3 (c) Out-of-State and Unofficial Case Citations
(1) Where Official Reports Available
Out-of-state cases are cited to the state official reports where available, followed by the parallel National Reporter System citation:
(Newbold v Arvidson, 105 Idaho 663, 672 P2d 231 [1983])
(2) Where Official Reports Unavailable
Where an out-of-state case is cited only to the National Reporter System because no official citation is available, the name of the jurisdiction should be added in abbreviated form in brackets:
(Brinker v First Natl. Bank, 37 SW2d 136 [Tex 1931])
(3) Citing Reports Known by Name of Reporter
When citing reports known by name of the reporter, except New York and English reports, the jurisdiction should be added in abbreviated form in brackets after the name of the reporter:
(Meade v M'Dowell, 5 Binn [Pa] 195 [1812])
(4) Public Domain (Vendor or Medium Neutral) Citation
When a public domain citation is provided, supply a parallel citation to a published source:
(Alberte v Anew Health Care Servs., 232 Wis 2d 587, 595, 605 NW2d 515, 519, 2000 WI 7, ¶ 12 [2000])
2.4 OTHER SOURCES OF DECISIONS
Citation to a case contained in an electronic service (e.g., Westlaw or Lexis) is permissible only when the case is not published in book form. Where access to both Westlaw and Lexis is available, both services should be cited, as follows:
(Savitt v Vacco, 1998 WL 690939, *7, 1998 US Dist LEXIS 15582, *21-22 [ND NY 1998])
(Beasley v Hub City Texas, L.P., 2003 WL 22254692, *2 n 3, 2003 Tex App LEXIS 8550, *5 n 3 [Ct App 2003])
Citation for tabular cases where the full text is published only on Westlaw and Lexis:
(Regal v General Motors Corp., 266 Wis 2d 1060, 668 NW2d 562 [2003] [table; text at 2003 WL 21537821, *3, 2003 Wis App LEXIS 634, *13-14 (Ct App 2003)])
(United States v Hollingsworth, 81 F3d 171 [1996] [table; text at 1996 WL 138583, 1996 US App LEXIS 8610 (1996)])
Jump page reference:
(1996 WL 138583, *3, 1996 US App LEXIS 8610, *9)
Citation to Internet material is permitted where the material is not readily available in another form, in which case provide the uniform resource locator (URL), author (if any given), case name or document title, and date the document was last updated. When the document does not provide information as to when it was last updated, provide the date on which the document site was accessed.
(Applications of a Child with a Disability [Board of Educ. of Kenmore-Tonawanda Union Free School Dist.], http://www.sro.nysed.gov/1996/96-55-96-66.htm [NY St Educ Dept, Off of St Review, Decision Nos. 96-55 & 96-66, Nov. 20, 1996, Eldridge, SRO, accessed Jan. 10, 2007])
2.4 (b) Commission, Agency and Ethics Opinions
(1) Commission and Agency Documents and Materials
Cite as follows:
(31 PERB ¶ 3050 [1998])
(11 Ops Counsel SBRPS No. 37 [2002])
(9 Ops Counsel SBEA No. 84, at 153 [1991]) [Note: pre-1994]
(1937 Ops Atty Gen 113) [Note: pre-1983]
(1999 Ops Atty Gen No. 99-F3, at 1011) [Note: formal opinion]
(2006 Ops Atty Gen No. 2006-F4) [Note: formal opinion]
(1932 Atty Gen [Inf Ops] 206) [Note: pre-1983]
(1999 Ops Atty Gen No. 99-5) [Note: informal opinion]
(12 Ops St Comp No. 8208, at 276 [1956]) [Note: pre-1978]
(2001 Ops St Comp No. 2001-3)
(1998 Ops St Comp No. 98-10, at 26)
(39 US Atty Gen 132)
(NY St Div of Hous & Community Renewal Advisory Op No. 92-1)
(1969 Rep of NY Law Rev Commn, at 139)
(34 NY PSC 1524 [Op No. 94-24])
(2000 NY PSC Op No. 96-12, at 31) [Note: on-line opinions]
(36 Ed Dept Rep 508 [Decision No. 13,787])
(Comm on Open Govt OML-AO-3899 [2004]) [Note: Open Meetings Law Advisory Opinion]
(Comm on Open Govt FOIL-AO-13559 [2002]) [Note: FOIL Advisory Opinion]
(Ops Gen Counsel NY Ins Dept No. 02-07-23 [July 2002]) [Note: on-line opinions]
Supply case name information where applicable. For example:
(Matter of Freeport Union Free School Dist. [Freeport Educ. Off. Assn.], 31 PERB ¶ 4021 [1998])
Cite as follows:
(11 Advisory Comm on Jud Ethics Op 91-68 [1991])
(Advisory Comm on Jud Ethics Op 06-82 [2006]) [Note: on-line opinions]
(NY St Ethics Commn Advisory Op 94-21 [1994])
(NY St Bar Assn Comm on Prof Ethics Op 656 [1993])
(Bar Assn of Nassau County Comm on Prof Ethics Op 2-89 [1989])
(ABA Comm on Ethics and Prof Responsibility Formal Op 342 [1975])
(Assn of Bar of City of NY Comm on Prof and Jud Ethics Formal Op 2000-2 [2000])
(AMA Code of Med Ethics, Ops on Prac Matters E-8.081)
(2005 Ann Rep of NY Commn on Jud Conduct, at 155)
(53 Rec of Assn of Bar of City of NY, at 450 [1998])
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
|
|
|
|
|
(2) Citation Strings and Multiple Statutory Citations
|
(3) Statutory Amendments, Additions and Renumbering
|
|
|
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
3.1 (a) Statutory Abbreviation Style in General
The statute name abbreviations listed in Appendix 4 should be used for statutory citations within parentheses. Either the full name or the abbreviated name may be used in running text.
(a) Citations within Parentheses
Citations should appear within parentheses as follows:
(Penal Law art 80)
(Penal Law, art 80, § 80.05)
(Town Law § 199 [1] [a])
(ECL 11-0703 [4] [b])
(General Municipal Law § 50-e [3] [d])
(CPLR 5602 [b] [2] [iii])
(Domestic Relations Law § 236 [B] [6] [a] [3])
(b) Citations in Running Text
Some suggested forms of statutory citations in running text are as follows:
Town Law § 199 provides . . .
Section 199 of the Town Law provides . . .
Penal Law article 80 provides . . .
Article 80 of the Penal Law provides . . .
Penal Law, article 80, § 80.05 provides . . .
Town Law § 199 (1) (a) provides . . .
Subdivision (1) of Town Law § 199 provides . . .
Paragraph (a) of Town Law § 199 (1) provides . . .
Subdivision (1) (a) of Town Law § 199 provides . . .
Clause (iii) of CPLR 5602 (b) (2) provides . . .
Civil Practice Law and Rules § 5602 (b) (2) (iii) provides . . .
CPLR 5602 (b) (2) (iii) provides . . .
(2) Citation Strings and Multiple Statutory Citations
Citations within Parentheses
References to parts, subdivisions, paragraphs, clauses, etc., of sections of statutes cited in parallel hierarchy (divisions of sections of the same rank or hierarchy) should appear within parentheses as follows:
(Town Law § 199 [1], [3])
(CPLR 5602 [a], [b])
(Penal Law § 125.25 [1] [a], [b])
The comma is inserted between divisions of the same rank.
Citations in Running Text
Some suggested forms of citation of parallel hierarchy in running text are as follows:
Town Law § 199 (1), (3) provide . . .
Subdivisions (1) and (3) of Town Law § 199 provide . . .
Penal Law § 125.25 (1) (a) and (b) provide . . .
Citations within Parentheses
References to divisions of sections of statutes cited in ascending hierarchy (divisions followed by more inclusive divisions of the section) should appear within parentheses as follows:
(Town Law § 199 [1] [a]; [3])
(CPLR 5602 [a] [1] [ii]; [b] [2])
The semicolon is inserted at the point where a following division is of a more inclusive character than the preceding one.
Citations in Running Text
Some suggested forms of ascending hierarchy citations in running text are as follows:
Town Law § 199 (1) (a) and (3) provide . . .
Subdivisions (1) (a) and (3) of Town Law § 199 provide . . .
(c) Multiple Sections of Statute with Section Symbol
Citations within Parentheses
In citations of multiple sections of a statute, the section symbol must be repeated (with a semicolon preceding it) at the point where a following division is of a more inclusive character than the preceding one. For instance, when a section has been split as far as a subdivision and the next citation is a section, the section symbol must be repeated with the semicolon preceding the symbol. The form is:
(Town Law § 199 [1]; § 200)
(Town Law §§ 198, 199 [1] [a], [b]; [3]; § 200)
(Labor Law § 200 [1], [4]; § 220-a [2]; see also §§ 220-a, 220-b)
Citations in Running Text
In citing multiple sections of a statute in running text, the form is:
Town Law §§ 198, 199 (1) (a), (b) and (3) and § 200 provide . . .
Tax Law § 1132 (e) and § 1139 (a) and 20 NYCRR 534.7 provide . . .
(d) Multiple Sections of Statute without Section Symbol
Citations within Parentheses
Where the form of statutory citation omits the section symbol (e.g., CPL, CPLR, ECL, EPTL, PRHPL, RPAPL, SCPA), citations of multiple sections of the statute appear as follows when cited within parentheses:
(CPL 30.20 [2]; 100.05)
(CPLR 5601 [a], [b] [2]; 5602 [a] [1] [ii])
Citations in Running Text
When citations omitting the section symbol appear in running text, the form is:
CPLR 5601 (a), (b) (2) and 5602 (a) (1) (ii) provide . . .
(3) Statutory Amendments, Additions and Renumbering
(a) Basic Statutory Amendment
Citation within Parentheses
Cite as follows:
(Abandoned Property Law § 103 [a], as amended by L 1944, ch 498)
Citation in Running Text
Cite as follows:
Abandoned Property Law § 103 (a) (as amended by L 1944, ch 498) provides . . .
(b) Statutory Addition and Amendment
Citation within Parentheses
Cite as follows:
(Energy Law § 12-103, as added by L 1978, ch 649, § 1, as amended by L 1980, ch 556, § 1)
Citation in Running Text
Cite as follows:
Energy Law § 12-103 (as added by L 1978, ch 649, § 1, as amended by L 1980, ch 556, § 1) provides . . .
(c) Renumbering of Statute
Citation within Parentheses
Cite as follows:
(UCCA 1812, as renum by L 1976, ch 156, § 8)
Citation in Running Text
Cite as follows:
UCCA 1812 (as renum by L 1976, ch 156, § 8) provides . . .
Cite statutes referred to in a historical context as:
(former Penal Law § 210 [5] [a])
When cited in running text, interior brackets are changed to parentheses:
Former Penal Law § 210 (5) (a) provided . . .
When greater precision is desired, the following forms may be used:
Citation within Parentheses
(Judiciary Law former § 434)
(Judiciary Law § 434 [former (6)])
(Education Law § 2518 [1] [former (a)])
Citation in Running Text
Judiciary Law former § 434 provided . . .
Former section 434 of the Judiciary Law provided . . .
Judiciary Law § 434 (former [6]) provided . . .
Education Law § 2518 (1) (former [a]) provided . . .
3.1 (c) Nonstatutory Material in Statutory Compilations
Commercial statutory compilations often provide commentaries, statutory histories, reviser's notes, etc., following a statute or in an appendix. They are cited as follows:
(2) Citation within Parentheses
Cite as follows:
(McKinney's Cons Laws of NY, Book 1, Statutes § __)
(Constitutional Interpretation, McKinney's Cons Laws of NY, Book 2, Constitution § __ [1969 ed])
(Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1)
(Preiser, 1985 Supp Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph, at 203)
(Givens, Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 23A, General Obligations Law § 5-701, 1991 Pocket Part, at 8-9)
(Advisory Comm Notes, reprinted following NY CLS, Book 4A, CPLR 105, at 48)
(Donnino, Practice Commentary, McKinney's Cons Laws of NY, 2005 Electronic Update, Penal Law § 250.45)
(Reviser's Notes, McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227], at 292 [1967 ed])
(3) Citation in Running Text
Cite as follows:
McKinney's Consolidated Laws of NY, Book 1, Statutes § __ states . . .
According to Constitutional Interpretation (McKinney's Cons Laws of NY, Book 2, Constitution § __ [1969 ed]) . . .
Siegel, Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) explains . . .
Preiser, 1985 Supplementary Practice Commentary (McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph, at 203) discusses . . .
As explained in Givens, Supplementary Practice Commentaries (McKinney's Cons Laws of NY, Book 23A, General Obligations Law § 5-701, 1991 Pocket Part, at 8-9) . . .
The Advisory Committee Notes following CPLR 105 (reprinted in NY CLS, Book 4A, at 48) provide background . . .
According to the Reviser's Notes (McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227], at 292 [1967 ed]) . . .
3.1 (d) Session Laws and Unconsolidated Laws
New York session laws may be cited when referring to a statutory enactment not contained in the consolidated laws or to indicate the addition, amendment, renumbering or repeal of a consolidated law or division thereof. Citation may be made to the appropriate session and chapter as well as to the act's popular name or short title, if any. In addition, if the enactment is contained in McKinney's Unconsolidated Laws of New York or New York Consolidated Laws Service Unconsolidated Laws, a citation to these compilations may be included. Subsequent references to an unconsolidated law's popular name or short title may appear in an abbreviated form (e.g., Emergency Tenant Protection Act of 1974 [ETPA] or Rent Stabilization Law of 1969 [RSL]), using a section sign (ETPA § 5).
(2) Citation within Parentheses
Cite as follows:
(L 1962, ch 21, as amended)
(Abandoned Property Law § 103 [a], as amended by L 1944, ch 498)
(Nassau County Administrative Code § __ [L 1939, chs 272, 701-709, as amended])
(McKinney's Uncons Laws of NY § __ [Local Emergency Housing Rent Control Act § __, as added by L 1962, ch 21, § 1, as amended])
(CLS Uncons Laws of NY § __ [Local Emergency Housing Rent Control Act § __, as added by L 1962, ch 21, § 1, as amended])
(2004 McKinney's Session Law News of NY, No. 1, at A-14 [Apr. 2004])
(1813 Rev L of NY, 36th Session, ch IV, § VI [1 Van Ness and Woodworth rev at 326])
(3) Citation in Running Text
Cite as follows:
Laws of 1962 (ch 21, as amended) or chapter 21 of the Laws of 1962 (as amended)
Abandoned Property Law § 103 (a) (as amended by L 1944, ch 498)
Nassau County Administrative Code § __ (L 1939, chs 272, 701-709, as amended)
McKinney's Unconsolidated Laws of NY § __ (Local Emergency Housing Rent Control Act § __, as added by L 1962, ch 21, § 1, as amended)
Consolidated Laws Service Unconsolidated Laws of NY § __ (Local Emergency Housing Rent Control Act § __, as added by L 1962, ch 21, § 1, as amended)
Emergency Tenant Protection Act of 1974 (ETPA) § 5 (McKinney's Uncons Laws of NY § 8625 [L 1974, ch 576, sec 4, § 5, as amended])
Urban Development Corporation Act (UDCA) (L 1968, ch 174, § 1, as amended) § 31-a (McKinney's Uncons Laws of NY § 6281-a)
3.1 (e) Model Codes, Proposed Codes and Uniform Laws
Cite as follows:
(Model Penal Code § 210.2 [Proposed Official Draft 1962])
(Model Code of Evidence rule 502 [1942])
(Uniform Adoption Act [1994] § 1-101, 9 [part 1A] ULA 20 [1999])
(Proposed NY Code of Evidence § 506 [a] [1982])
When citing in running text, convert internal brackets to parentheses.
3.1 (f) Legislative and Other Materials
Cite as follows:
(1964 NY Legis Doc No. 12, at 10)
(21st Ann Rep of Chief Admin of Cts, at 15)
(21st Ann Rep of NY Jud Conf, at 403)
(14th Ann Rep of Jud Conf on CPLR, reprinted in 21st Ann Rep of NY Jud Conf, ch 6, at 278, 293)
(Governor's Mem approving L 1989, ch 750, 1989 NY Legis Ann, at 326)
(Mem of Off of Ct Admin, 1990 McKinney's Session Laws of NY, at 2937)
(Simplification of Discovery and the Use of Non-Party Business Records, 2002 Rep of Advisory Comm on Civ Prac to Chief Admin Judge of Cts of St of NY, reprinted in 2002 McKinney's Session Laws of NY, at 2164)
(1985 Rep of Advisory Comm on Civ Prac, reprinted in 1985 McKinney's Session Laws of NY, at 3432)
(Rep of Law Rev Commn, 1984 McKinney's Session Laws of NY, at 2933-2934)
(Staff Notes of Temp St Commn on Rev of Penal Law and Crim Code, 1964 Proposed NY Penal Law [Study Bill, 1964 Senate Intro 3918, Assembly Intro 5376] § 25.05, at 264)
(Staff Comment of Temp St Commn on Rev of Penal Law and Crim Code, 1967 Proposed NY CPL 205.40, at 274)
(2004 Extraordinary Session NY Senate Bill S1-A § 1 [July 20, 2004])
(1981 NY Assembly Bill A2566)
(1982 NY Senate-Assembly Bill S9566, A12451)
(Mem of Assembly Rules Comm, Bill Jacket, L 1989, ch 659)
(Rep of Legal Div, Comm on Gen Welfare, at 12-13, Local Law Bill Jacket, Local Law No. 39 [1991] of City of NY)
(4th Rep of Temp St Commn on Estates, 1965 NY Legis Doc No. 19, at 24)
(3 Rev Rec, 1938 NY Constitutional Convention, at 2204)
(Governor's Approval Mem, Bill Jacket, L 1996, ch 635, at 54, 1996 NY Legis Ann, at 459) [Note: Provide a parallel citation to McKinney's Session Laws or New York Legislative Annual if available.]
(Sponsor's Mem, Bill Jacket, L 1994, ch 222)
(Senate Introducer Mem in Support, Bill Jacket, L 1996, ch 600, at 11) [Note: Bill Jacket cumulatively paginated]
(Letter from St Ins Dept, June 30, 1980, at 3, Bill Jacket, L 1998, ch 586) [Note: reference to pagination of document]
(NY Reg, Sept. 28, 1994, at 37-41)
(City Rec, June 30, 1986, at 1700)
(Executive Order [Pataki] No. 39 [9 NYCRR 5.39])
(NY Senate Debate on Senate Bill S2850, Mar. 6, 1995, at 1912)
(Council of City of NY Intro No. 1266, § 2, proposing amendment to Administrative Code § 8-502 [a] [June 13, 1989])
(Civ Ct of City of NY, Legal/Statutory Mem 152A [eff June 21, 2004])
When citing in running text, convert interior brackets to parentheses.
3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS
3.2 (a) Federal Statutory Abbreviations
Use the abbreviations listed in Appendix 4 as applicable.
3.2 (b) Federal Statutory Citation Style
Cite the United States Code if therein. Federal Public Laws or United States Statutes at Large may be cited to refer to an enactment not contained in the United States Code or to indicate the addition, amendment, renumbering or repeal of a law contained in the United States Code.
(2) Citation within Parentheses
Cite as follows:
(Homeland Security Act of 2002, 6 USC § 101 et seq., as added by Pub L 107-296, 116 US Stat 2135)
(Social Security Act § 208 [42 USC § 408])
(Pub L 105-298, 112 US Stat 2827 [105th Cong, 2d Sess, Oct. 27, 1998] [termed the "Sonny Bono Copyright Term Extension Act"], amending 17 USC § 301 [c])
(Act of May 31, 1790 § 1 [1st Cong, 2d Sess, ch 15], 1 US Stat 124, reprinted in Lib of Cong, Copyright Enactments, 1783-1900, at 30-32)
(Jones Act, 46 USC Appendix § 688)
(50 USC Appendix § 525)
(3) Citation in Running Text
Cite as follows:
Homeland Security Act of 2002 (6 USC § 101 et seq., as added by Pub L 107-296, 116 US Stat 2135)
Title VII of the Civil Rights Act of 1964 (42 USC, ch 21, § 2000e et seq.)
Section 208 of the Social Security Act (42 USC § 408)
Jones Act (46 USC Appendix § 688)
50 USC Appendix § 525
3.2 (c) Federal Legislative Materials
Cite as follows:
(57 Fed Reg 48451 [1992], codified at 15 CFR 1150.1 et seq.)
(HR Rep 730, 95th Cong, 2d Sess, at 25, reprinted in 1978 US Code Cong & Admin News, at 9130, 9134)
(151 Cong Rec H3052-01 [May 5, 2005])
When citing in running text, convert interior brackets to parentheses.
3.3 OUT-OF-STATE STATUTES
The general rules of parenthetical and running text citation should be observed when referring to out-of-state statutes. Within parentheses the name of the statutory compilation should be abbreviated, e.g., "(NJ Stat Ann)"; however, in running text, either the abbreviation or the full name, e.g., "New Jersey Statutes Annotated," may be used. In addition, the relevant jurisdiction's designation of statutory divisions should be used. For example, some states refer to the first division of a section as a subsection or the first division of an article as a paragraph. Furthermore, use any abbreviations provided in an out-of-state compilation's prescribed form of statutory citation.
3.3 (b) Citation within Parentheses
Cite as follows:
(Fla Stat Ann, tit 17, § 102.31)
(Cal Penal Code § 1324.1)
(Tex Stat Ann § 5561h [a] [2])
Cite as follows:
Florida Statutes Annotated, title 17, § 102.31
California Penal Code § 1324.1
Texas Statutes Annotated § 5561h (a) (2)
4.0 REGULATIONS, COURT RULES AND JURY INSTRUCTIONS
Contents of Section
|
| 4.1 NEW YORK RULES, REGULATIONS AND INSTRUCTIONS
|
|
|
4.1 (b) Particular Rules and Regulations
|
(1) New York City Civil Service Commission Rules and Regulations
|
(2) Rules of the City of New York
|
(3) Rules of the Court of Appeals
|
(4) Rules of the Appellate Division
|
(5) Uniform Rules for the New York State Trial Courts
|
(6) 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) Insurance Department Regulations
|
4.1 (c) Pattern Jury and Criminal Jury Instructions
|
(1) Pattern Jury Instructions
|
(2) Criminal Jury Instructions
|
| 4.2 FEDERAL RULES AND REGULATIONS
|
|
|
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 AND INSTRUCTIONS
(1) Citation within Parentheses
The Official Compilation of Codes, Rules and Regulations of the State of New York is cited within parentheses as follows:
| Unit Cited
| Example |
| Title
| (12 NYCRR [Department of Labor]) |
| Subtitle
| (9 NYCRR subtit A) |
| Chapter
| (12 NYCRR ch IV) |
| Part
| (12 NYCRR part 39) |
| Subpart
| (12 NYCRR subpart 23-1) |
| Section
| (12 NYCRR 39.8)
(12 NYCRR 23-1.7) |
| Subdivision and paragraph
| (12 NYCRR 39.8 [c] [1])
(12 NYCRR 23-1.7 [b] [1]) |
| Appendix material
| (12 NYCRR Appendix A-10, table 2) |
| Multiple citations
| (12 NYCRR 39.4 [d]; 39.5, 39.8 [c] [1])
(12 NYCRR 23-1.7 [b] [1]; 23-1.8, 23-1.0)
(12 NYCRR parts 23, 27, 32)
(12 NYCRR parts 23-27) |
(2) Citation in Running Text
When cited in running text, interior brackets are changed to parentheses as follows:
12 NYCRR 23-1.7 (b) (1)
4.1 (b) Particular Rules and Regulations
(1) New York City Civil Service Commission Rules and Regulations
(a) Citation within Parentheses
Cite as follows:
(NY City Civ Serv Commn Rules and Regs, rule IV, § 4.7.1)
(b) Citation in Running Text
Cite as follows:
New York City Civil Service Commission Rules and Regulations, rule IV, § 4.7.1
(2) Rules of the City of New York
(a) Citation within Parentheses
Cite as follows:
(Personnel Rules and Regs of City of NY [55 RCNY] Appendix A, ¶ 4.7.1)
(Rules of City of NY Dept of Parks and Recreation [56 RCNY] § 1-01)
Also may be cited as:
(56 RCNY 1-01)
(b) Citation in Running Text
Cite as follows:
Personnel Rules and Regulations of City of New York (55 RCNY) Appendix A, ¶ 4.7.1
Rules of City of New York Department of Parks and Recreation (56 RCNY) § 1-01
Also may be cited as:
56 RCNY 1-01
(3) Rules of the Court of Appeals
(a) Citation within Parentheses
Cite as follows:
(Rules of Ct of Appeals [22 NYCRR] § 500.11)
(b) Citation in Running Text
Cite as follows:
Rules of the Court of Appeals (22 NYCRR) § 500.11
(4) Rules of the Appellate Division
(a) Citation within Parentheses
Cite as follows:
(Rules of App Div, 2d Dept [22 NYCRR] § __)
(b) Citation in Running Text
Cite as follows:
Rules of the Appellate Division, Second Department (22 NYCRR) § __
(5) Uniform Rules for the New York State Trial Courts
(a) Citation within Parentheses
Cite as follows:
(Uniform Rules for Trial Cts [22 NYCRR] § __)
(b) Citation in Running Text
Cite as follows:
Uniform Rules for Trial Courts (22 NYCRR) § __
(c) Particular Uniform Rules
Citation within Parentheses
Cite as follows:
(Uniform Rules for Sur Ct [22 NYCRR] § __)
Citation in Running Text
Cite as follows:
Uniform Rules for Surrogate's Court (22 NYCRR) § __
(6) Code of Professional Responsibility, Rules Governing Judicial Conduct and Code of Judicial Conduct
Citations to the Code of Professional Responsibility may be to the Canons, Disciplinary Rules or Ethical Considerations. Citations to the Disciplinary Rules in effect from September 1, 1990 must contain references to both the Code of Professional Responsibility and the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
(b) Citation within Parentheses
Cite as follows:
(Code of Professional Responsibility DR 1-102 [a] [7] [22 NYCRR 1200.3 (a) (7)])
(Code of Professional Responsibility DR 9-101 [a]; DR 9-102 [22 NYCRR 1200.45 (a); 1200.46])
(Code of Professional Responsibility Canons 3, 4)
(Rules Governing Judicial Conduct [22 NYCRR] § 100.2 [A], [B]; § 100.3 [B] [1])
(Code of Judicial Conduct Canon 2)
(c) Citation in Running Text
Cite as follows:
Code of Professional Responsibility EC 2-19, EC 7-23
Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7])
Code of Professional Responsibility DR 9-101 (a) and DR 9-102 (22 NYCRR 1200.45 [a]; 1200.46)
Code of Professional Responsibility Canons 3, 4
Rules Governing Judicial Conduct (22 NYCRR) § 100.2 (A) and (B) and § 100.3 (B) (1)
Code of Judicial Conduct Canon 2
(7) Rent Statutes and Regulations
(a) Citation within Parentheses
Cite as follows:
(Emergency Housing Rent Control Law § __, as added by L 1946, ch 274)
(Emergency Tenant Protection Act of 1974 [ETPA] § __, as added by L 1974, ch 576, § 4)
(Emergency Tenant Protection Regulations [9 NYCRR] § __)
(Local Emergency Housing Rent Control Act § __, as added by L 1962, ch 21, § 1)
(Loft Law [Multiple Dwelling Law art 7-C] § __)
(NY City Loft Board Regulations [29 RCNY] § __)
(NY City Rent and Eviction Regulations [9 NYCRR] § __)
(NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § __)
(NY State Rent and Eviction Regulations [9 NYCRR] § __)
(Rent Stabilization Code [9 NYCRR] § __)
(Rent Stabilization Law of 1969 [Administrative Code of City of NY] § __)
(b) Citation in Running Text
Either abbreviations or the full names may be used in running text. Interior brackets are changed to parentheses as follows:
New York City Loft Board Regulations (29 RCNY) § __
(8) New York State Building Code
(a) Citation within Parentheses
Cite as follows:
(Building Code of NY State § 101.4.1 [2002])
(b) Citation in Running Text
Cite as follows:
Building Code of New York State § 101.4.1 (2002)
(9) Insurance Department Regulations
(a) Citation within Parentheses
Cite as follows:
(Insurance Department Regulations [11 NYCRR] § 65-1.1)
(b) Citation in Running Text
Cite as follows:
Insurance Department Regulations (11 NYCRR) § 65-1.1
4.1 (c) Pattern Jury and Criminal Jury Instructions
(1) Pattern Jury Instructions
Citation to charge:
(PJI 2:225)
Citation to comment:
(1 NY PJI3d 2:225, at 1225 [2007])
(NY PJI 2:225, Comment, Caveat 2) [Note: on-line treatise]
In running text, convert internal brackets to parentheses.
(2) Criminal Jury Instructions
Citation to on-line revised material
Citation to charge:
(CJI2d[NY] Penal Law § 125.27)
(CJI2d[NY] Culpable Mental States—Intent)
(CJI2d[NY] Penal Law art 265, Intent to Use Unlawfully and Justification)
Citation to charge and endnote:
(CJI2d[NY] Accessorial Liability n 8)
Citation including revision date:
(CJI2d[NY] Accessorial Liability [rev July 29, 2002])
Charge to former crimes:
(CJI2d[NY] Penal Law former § 130.35 [1])
Capital charges:
(CJI2d[NY] Capital Sentencing; Preliminary Instructions and Voir Dire)
Citation to unrevised material
Citation to charge and text:
(1 CJI[NY] 8.01, at 377)
Citation to charge:
(1 CJI[NY] 8.03)
In running text, convert internal brackets to parentheses.
4.2 FEDERAL RULES AND REGULATIONS
(1) Citation within Parentheses
The Code of Federal Regulations is cited within parentheses as follows:
| Unit Cited
| Example |
| Title
| (7 CFR [Agriculture]) |
| Subtitle
| (7 CFR subtit A) |
| Part
| (7 CFR part 8) |
| Chapter
| (42 CFR ch IV) |
| Section
| (7 CFR 8.6) |
| Paragraph and subparagraph
| (7 CFR 8.6 [a] [1]) |
| Multiple citations
| (7 CFR 8.6, 8.7-8.9) |
(2) Citation within Parentheses including Date
Include date if greater precision is required, as follows:
(7 CFR 8.6 [2000])
(3) Citation in Running Text
When cited in running text, interior brackets are changed to parentheses as follows:
7 CFR 8.6 (2000)
4.2 (b) Particular Rules and Regulations
(1) Federal Rules of Civil Procedure
(a) Citation within Parentheses
Cite as follows:
(Fed Rules Civ Pro rule 4 [b])
(b) Citation in Running Text
Cite as follows:
Federal Rules of Civil Procedure rule 4 (b)
(2) Federal Rules of Criminal Procedure
(a) Citation within Parentheses
Cite as follows:
(Fed Rules Crim Pro rule 8 [a])
(b) Citation in Running Text
Cite as follows:
Federal Rules of Criminal Procedure rule 8 (a)
(3) Federal Rules of Evidence
(a) Citation within Parentheses
Cite as follows:
(Fed Rules Evid rule 804 [b] [5])
(b) Citation in Running Text
Cite as follows:
Federal Rules of Evidence rule 804 (b) (5)
(4) Federal Rules of Bankruptcy Procedure
(a) Citation within Parentheses
Cite as follows:
(Fed Rules Bankr Pro rule 9007)
(b) Citation in Running Text
Cite as follows:
Federal Rules of Bankruptcy Procedure rule 9007
(5) Federal Rules of Appellate Procedure
(a) Citation within Parentheses
Cite as follows:
(Fed Rules App Pro rule 10)
(b) Citation in Running Text
Cite as follows:
Federal Rules of Appellate Procedure rule 10
5.0 CONSTITUTIONS
Contents of Section
|
| 5.1 GENERAL RULE
|
| 5.2 EXAMPLES
|
| 5.3 HISTORICAL CONSTITUTIONAL MATERIAL
|
Cite English language constitutions by country or state.
5.2 (a) Citations within Parentheses
When cited within parentheses, both the name of the country or state and the word "Constitution" should be abbreviated, as in the following examples:
(NY Const art VI)
(NY Const, art VI, § 35)
(US Const, art III, § 3)
(US Const, art I, § 8 [3])
(US Const, 14th Amend, § 1)
(US Const 14th, 15th Amends)
or
(US Const Fourteenth Amend)
or
(US Const Amend XIV)
(1812 NY Const, art I, § 1)
When constitutional citations appear in running text, either abbreviations or full names may be used. Some suggested forms are as follows:
NY Constitution article VI
New York Constitution article VI
NY Constitution, article VI, § 35
US Constitution, article III, § 3
United States Constitution, article III, § 3
US Constitution, 14th Amendment, § 1
article I (§ 8 [3]) of the US Constitution
US Constitution 14th Amendment
or
US Constitution Fourteenth Amendment
or
US Constitution Amendment XIV
or
Fourteenth Amendment of the United States Constitution
or
Fourteenth Amendment to the United States Constitution
1812 New York Constitution, article VI, § 6
5.3 HISTORICAL CONSTITUTIONAL MATERIAL
Cite historical constitutional material as follows:
(Madison, Federalist No. 43)
6.0 TREATIES AND INTERNATIONAL AGREEMENTS
Contents of Section
|
| 6.1 GENERAL RULE
|
| 6.2 EXAMPLES
|
Treaties signed prior to 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).
6.2 (a) Citations within Parentheses
Cite as follows:
(Treaty of Ghent, 8 US Stat 218 [1814])
(Bermuda Multilateral Telecommunications Agreement, 60 US Stat 1636, TIAS No. 1518 [1945])
(Hague Convention on the Taking of Evidence Abroad, 23 UST 2555, TIAS No. 7444 [1970])
(Warsaw Convention art 17, 49 US Stat 3000, 3018, reprinted following 49 USCA § 40105)
(Convention for International Carriage by Air art 2, May 28, 1999, reprinted in S Treaty Doc No. 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [Montreal Convention])
(Convention on the Recognition and Enforcement of Foreign Arbitral Awards, art II, § 2, reprinted following 9 USCA § 201)
Cite as follows:
Treaty of Ghent (8 US Stat 218 [1814])
Bermuda Multilateral Telecommunications Agreement (60 US Stat 1636, TIAS No. 1518 [1945])
Hague Convention on the Taking of Evidence Abroad (23 UST 2555, TIAS No. 7444 [1970])
Warsaw Convention article 17 (49 US Stat 3000, 3018, reprinted following 49 USCA § 40105)
Convention for International Carriage by Air article 2 (reprinted in S Treaty Doc No. 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [May 28, 1999] [Montreal Convention])
Article II, § 2 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (reprinted following 9 USCA § 201)
7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS
Contents of Section
|
| 7.1 GENERAL RULES
|
|
|
|
|
|
|
| 7.2 PERIODICALS, NEWSPAPERS AND BOOKS
|
|
|
|
|
| 7.3 TREATISES
|
|
|
7.3 (b) Abbreviated Treatise Titles
|
|
|
|
|
| 7.4 DICTIONARIES AND ENCYCLOPEDIAS
|
| 7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS
|
|
|
|
|
| 7.6 RESTATEMENTS
|
| 7.7 LEGAL DOCUMENTS
|
Some electronic sources do not contain pagination; therefore, page references are not required when citing those sources. Where the source contains pagination, a page reference may be included if greater precision is desired.
The use of the full names (rather than last name only) of authors is optional.
Citation to Internet material is permitted where the material is not readily available in another form.
(2) Citation Style to Web Site
Provide the uniform resource locator (URL), author (if any given), title or heading, and date the document was last updated. When the document does not provide information as to when it was last updated, provide the date on which the site was accessed.
(New York State Law Reporting Bureau, http://www.nycourts.gov/reporter/ [accessed Mar. 12, 2007])
(Internal Revenue Service, http://www.irs.gov/ [accessed Dec. 9, 2006])
(3) Citation to a Document or Page on a Web Site
(Office of Mental Retardation and Developmental Disabilities, Information for Individuals and Families, http://www.omr.state.ny.us/hp_individuals.jsp [last updated Feb. 14, 2006])
(American Bar Association, Section on Legal Education and Admissions to the Bar, Legal Education and Bar Admission Statistics, 1963-2005, available at http://www.abanet.org/legaled/statistics/le_bastats.html [accessed Oct. 18, 2005])
(see Arnsberger, Charities and Other Tax-Exempt Organizations, 2000, Statistics of Income Bulletin, US Government Printing Office [fall 2003], available at http://www.irs.gov/pub/irs-soi/00eochin.pdf [accessed May 20, 2004])
For citations to weblogs (blogs), follow the general citation style above, including the author's name, the name of the weblog, the title of the article or entry, the URL and the date of the posting, as follows:
(Eugene Volokh, The Volokh Conspiracy, Sorry, Your Viewpoint Is Excluded from First Amendment Protection, http://volokh.com/posts/1145577196.shtml [Apr. 20, 2006])
7.2 PERIODICALS, NEWSPAPERS AND BOOKS
Generally, cite as follows:
(Morrison, Constitutional Avoidance in the Executive Branch, 106 Colum L Rev 1189, 1221-1222 [2006])
(Welsh, 1996-97 Survey of New York Law, Estates and Trusts, 48 Syracuse L Rev 623 [1998])
(23 Siegel's Practice Review, New Filing System, at 3 [Sept. 1994])
(McCann, Standards for Expert Testimony in New York Death Penalty Cases, 68 NY St BJ 30 [July/Aug. 1996])
(Perrotta, Panel Upholds Sanctions Against Union Over Strike, NYLJ, Oct. 6, 2006, at 1, col 3)
(Tucker, Outside Counsel, No-Fault Independent Medical Examination, NYLJ, Nov. 4, 2005, at 4, col 2)
(Richard, Hey, You, Get Off Of My Trademark!, NYLJ, Jan. 24, 2005, at S10, col 1) [Note: citation for special section]
(Gail E. Cutter, The Dreaded 'NO OFFER' Decision, A first-aid kit for prevention, treatment and cure, NYLJ Mag, May 2005, at 30)
(Zoning Variances, "Practical Difficulties" No Longer Need be Shown by Applicant Seeking Area Variances, Siegel, NY St L Dig No. 432, at 3-4 [Dec. 1995])
(Harper Lee, To Kill a Mockingbird, at 49-50 [Warner Books 1982])
(Confessore, No-Name, Brand-Name or Phony: It's All Here, New York Times, Oct. 9, 2006, section B, col 1, at 1)
Both "Note" or "Comment" and the author's name are used in a law review citation, as follows:
(Jeremy Waldron, Comment, Foreign Law and the Modern Ius Gentium, 119 Harv L Rev 129 [2005])
(Fenn, Note, Supreme Court Justices: Arguing before the Court after Resigning from the Bench, 84 Geo LJ 2473 [1996])
Generally, cite as follows:
(Karger, Powers of the New York Court of Appeals § 9:5, at 313 [3d ed rev])
(Prosser and Keeton, Torts § 44, at 309-310 [5th ed])
(Prince, Richardson on Evidence § 8-254 et seq. [Farrell 11th ed])
(2 Dobbs, Torts § 359, at 988-989 [2001])
(11 Lord, Williston on Contracts § 32:6, at 432 [4th ed])
(8 Warren's Weed, New York Real Property § 92.16 [5th ed])
(8-92 Warren's Weed, New York Real Property § 92.16 [2006]) [Note: on-line treatise]
(3 Warren's Negligence in New York Courts § 80.01 [2], at 80-5 [2d ed])
(3-80 Warren's Negligence in New York Courts § 80.01 [2] [2005]) [Note: on-line treatise]
(11 Warren's Heaton, Surrogate's Court Practice § 194.01 [5], at 194-14 [7th ed])
(11-194 Warren's Heaton, Surrogate's Court Practice § 194.01 [5] [2006]) [Note: on-line treatise]
(3A Freed, Brandes and Weidman, Law and the Family New York § 11:11, at 98 [2d ed rev 1993])
(1 Dolan, Rasch's Landlord and Tenant—Summary Proceedings § 1:14, at 88 [4th ed])
(3 White and Summers, Uniform Commercial Code § 22-3, at 17 [Practitioner's 4th ed])
(Kaye et al., The New Wigmore: Expert Evidence § 4.5, at 148 [2004])
(9 Wigmore, Evidence § 2450, at 163 [Chadbourn rev 1981])
(17 Couch on Insurance 3d § 240:1)
(ABA/BNA Lawyer's Manual on Professional Conduct 51:217 [2002])
(6 Holmes' Appleman on Insurance 2d § 34.1)
(1 LaFave, Search and Seizure § 1.4 [e], at 119-120 [3d ed])
(Scheinkman, New York Law of Domestic Relations § 3:7, at 87 [11 West's NY Prac Series 1996])
(Finkelstein and Ferrara, Landlord and Tenant Practice in New York § 4:149, at 4-63 [West's NY Prac Series, vol F, 2006])
(1 West's McKinney's Forms Civil Practice Law and Rules § 2:203 [2007]) [Note: on-line treatise]
(5-10 New York Civil Practice: EPTL § 10-10.1) [Note: on-line treatise]
(2 Blackstone, Commentaries on the Law of England, at 429 n 30 [Wendell ed 1847])
7.3 (b) Abbreviated Treatise Titles
The titles of the following frequently cited treatises may be abbreviated:
(Siegel, NY Prac § 194, at 309 [3d ed])
(Weinstein-Korn-Miller, NY Civ Prac ¶ 8501.01 [2d ed])
Where the title of a legal treatise begins with language such as "Law of," "Handbook on" or "A Treatise on," such prefatory material is omitted from the citation title.
When material is not published in print form, but is available solely on CD-ROM, provide the date of the version being cited as follows:
(Balotti & Finkelstein, Delaware Law of Corporations and Business Organizations on CD-ROM [3d ed, Aspen L & Bus 1998])
Provide the word "CD-ROM" in a parenthetical if CD-ROM is not mentioned in the title.
7.4 DICTIONARIES AND ENCYCLOPEDIAS
Cite as follows:
(Black's Law Dictionary 712 [8th ed 2004])
(Black's Law Dictionary [8th ed 2004], mens rea) [Note: on-line 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: on-line version]
(8 Fletcher, Cyclopedia of Corporations § 3890, at 171 [Perm ed])
(1A CJS, Actions § 75)
(10A Carmody-Wait 2d § 70:461, at 448)
7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS
Generally, cite as follows:
(Ann K. Wooster, Comment Note, Application of Supreme Court's Apprendi Doctrine to Drug Quantity Element in Federal Narcotics Prosecutions, 14 ALR Fed 2d 1, § 12)
(Marjorie A. Shields, Annotation, Liability of Clinical Laboratories for Negligence, 19 ALR6th 793, 824, § 16)
(MacWilliam, Annotation, Individual and Corporate Liability for Libel and Slander in Electronic Communications, Including E-mail, Internet and Websites, 3 ALR6th 153)
(Marjorie A. Shields, Annotation, Constitutionality of Legislative Prayer Practices, 2006 ALR6th 3)
An author's name should be used in the citation if provided. Otherwise, cite as follows:
(Annotation, Hospital's Liability for Injury or Death to Patient Resulting from or Connected with Administration of Anesthetic, 31 ALR3d 1114, § 7)
Cite as follows:
(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)
Cite as follows:
(Transcript at 3.)
(affidavit of defendant at 6)
(Jones transcript ¶ 4)
(testimony of John Smith, May 14, 2002, ¶ 6)
(Smith complaint at 2)
(plaintiff's exhibits 3, 15, 18)
PART II: OTHER STYLE ISSUES
8.0 TITLES OF ACTIONS AND PROCEEDINGS
Contents of Section
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| 8.1 GENERAL RULES OF TITLE FORMULATION
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8.1 (e) Representative or Official Capacity
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8.1 (g) Parties in Transferred Proceedings, etc.
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8.2 (a) Action with Party Suing in a Representative Capacity
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8.2 (b) Proceedings against an Unnamed Public Official
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8.2 (c) Criminal Action against Multiple Defendants
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8.2 (d) Appellate Action with Some Parties Not Participating in Appeal
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8.2 (e) Appellate Proceedings with Cross-Appealing Parties
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| 8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS
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| 8.4 PERSONAL IDENTIFYING INFORMATION
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8.1 GENERAL RULES OF TITLE FORMULATION
Typically, in an action the parties are referred to, at the trial level, as Plaintiff and Defendant (in the event of impleader one might find Third-Party or Fourth-Party Plaintiffs and Defendants), whereas in a proceeding the title caption begins with the language "In the Matter of" and the parties are referred to as Petitioner and Respondent. In criminal actions, the prosecuting authority is usually described as "The People of the State of New York," and is referred to as Plaintiff. In habeas corpus proceedings and other proceedings brought in the name and on behalf of the People of the State of New York, the caption should begin with the words "The People of the State of New York ex rel." and the petitioning party is referred to as the Petitioner and the opposing party as the Respondent. In claims against the State, the prosecuting party is referred to as the Claimant and the State as the Defendant.
On the appellate level, a party is referred to according to his or her status on appeal, e.g., Appellant or Respondent. Cross-appealing parties are designated Appellant-Respondent and Respondent-Appellant, the first party to appeal being the Appellant-Respondent. In impleader situations, Third-Party Plaintiff-Appellant, Third-Party Defendant-Respondent and the like should be used.
Generally, where there is more than one party sharing the same status (i.e., Defendants, Appellants), only the name of the first named party of that status should appear in the title followed by "et al." However in a criminal action with multiple defendants, up to five defendants may be listed in the title followed by an "et al." in the event of more than five criminal defendants. In addition, where the person or entity omitted is not a party to the action or proceeding (most commonly the children in child neglect, abuse or custody proceedings) "and Another" or "and Others" should be used instead of et al. (e.g., In the Matter of Kaitlyn S. and Another, Children Alleged to be Abused).
The full names of parties may be used; middle names need not be abbreviated.
8.1 (e) Representative or Official Capacity
If a party is sued or suing in a representative or official capacity, such capacity should be set forth in the title. In addition, if a suit is brought "on Behalf" of an entity or "by" a representative, official or guardian, this should be so designated. Also, where a party is identified solely by his or her governmental office (e.g., "Attorney General of the State of New York"), the name of the officeholder need not be supplied.
Omit the words "the Application of" and "for a judgment under CPLR article 78" in CPLR article 78 proceeding titles.
8.1 (g) Parties in Transferred Proceedings, etc.
Where a proceeding commenced in Supreme Court is transferred to the Appellate Division, the parties are designated Petitioner and Respondent, not Appellant and Respondent. However, in unemployment insurance and workers' compensation proceedings that are appealed directly to the Appellate Division from the Unemployment Insurance Appeal Board or Workers' Compensation Board, the parties are referred to by their status on appeal, i.e., Appellant and Respondent.
In appellate titles, nonappealing parties who do not participate in the appeal as appellants or respondents are not named unless they are the first listed party (Plaintiff/Defendant or Petitioner/Respondent), e.g., Jan Wojtowicz, Jr., Respondent, et al., Plaintiffs, v Agnes Sweeney, Defendant, and Sol Zigman, Appellant. In an appellate action or proceeding title, omit adjunct captions (e.g., third-party or consolidated actions or proceedings) in which no party participating in the appeal appears. Use a suitable notation, for example (And Two Other Proceedings.) or (And a Third-Party Action.).
8.2 (a) Action with Party Suing in a Representative Capacity
Denis E. Dillon, as District Attorney of the County of Nassau, Plaintiff, v Milton Bialostok, Defendant.
8.2 (b) Proceedings against an Unnamed Public Official
In the Matter of Medical Malpractice Insurance Association et al., Petitioners, v Superintendent of Insurance of the State of New York, Respondent.
8.2 (c) Criminal Action against Multiple Defendants
The People of the State of New York, Plaintiff, v Dennis Charles and Fritz DePass, Defendants.
8.2 (d) Appellate Action with Some Parties Not Participating in Appeal
Republic National Bank, Appellant, v Sylvia Greenwald et al., Defendants, and Public Equities Corp. et al., Respondents.
8.2 (e) Appellate Proceedings with Cross-Appealing Parties
In the Matter of Alan Kane, Respondent-Appellant, v Thomas J. Bannon, Appellant-Respondent, and Keith J. Laing et al., Respondents, et al., Respondent.
[Note: The Respondents in the above example are separately listed because the first Respondents are parties to the appeal and consequently are named, whereas the second Respondent is not participating in the appeal and thus is unnamed. Although each is a "Respondent," their statuses are different (the first being Respondents in an Appellant/Respondent context, the second a Respondent in the Petitioner/Respondent context) and accordingly they are not combined in the title.]
8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS
See Appendix 6.
8.4 PERSONAL IDENTIFYING INFORMATION
See section 12.4.
9.0 APPEARANCES OF COUNSEL
Contents of Section
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| 9.1 GENERAL STYLE
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| 9.2 AMICUS CURIAE
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| 9.3 APPEARANCES ON OWN BEHALF
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9.3 (a) Non-Attorney Appearing on Own Behalf
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9.3 (b) Non-Attorney Appearing on Own Behalf and by Attorney
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9.3 (c) Attorney Appearing on Own Behalf
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9.3 (d) Attorney Appearing on Own Behalf and for Client
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9.3 (e) Attorney Appearing on Own Behalf and by Attorney
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9.3 (f) Attorney Appearing on Own Behalf and by Attorney, and for Client
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| 9.4 APPEARING SPECIALLY
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| 9.5 NAME AND TITLE OF PUBLIC OFFICIALS
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| 9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE
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| 9.7 OUT-OF-STATE ATTORNEY
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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. Where an attorney is a party and also appears on his or her own behalf, use his or her middle name or names throughout. 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.
Sol Greenberg, District Attorney, Albany (Ralph Tomes 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.
John Jones, Saratoga, for State Industrial Board, amicus curiae.
Do not use "as" before amicus curiae.
9.3 APPEARANCES ON OWN BEHALF
9.3 (a) Non-Attorney Appearing on Own Behalf
Edmund B. Bellinger, defendant pro se.
9.3 (b) Non-Attorney Appearing on Own Behalf and by Attorney
Hong Jang Tsai, pro se, and Stanley H. Schindler, Rome, for Hong Jang Tsai, defendant.
9.3 (c) Attorney Appearing on Own Behalf
John Gerdes, Troy, appellant pro se.
9.3 (d) Attorney Appearing on Own Behalf and for Client
Nancy Boochever, Yonkers, respondent pro se, and for Eugene A. Hegy, respondent.
9.3 (e) Attorney Appearing on Own Behalf and by Attorney
John Gerdes, Troy, pro se, and Jose A. Ortiz, Albany, for John Gerdes, appellant.
9.3 (f) Attorney Appearing on Own Behalf and by Attorney, and for Client
John Jones, Tonawanda, pro se, and Richard Roe, Tonawanda, for John Jones and another, appellants.
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 without his or her title within parentheses):
Attorney General, United States Attorneys, District Attorneys, County Attorneys, Corporation Counsel, Town Attorneys, Village Attorneys, and Public Defenders.
The proper form is:
John Doe, County Attorney, Niagara Falls (Richard Roe of counsel), for appellant.
Bridget G. Brennan, Special Prosecutor, New York City (Christine M. Kelly of counsel), for plaintiff.
9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE
Robert Abrams, Attorney General, New York City (Peter H. Schiff 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
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| 10.1 CAPITALIZATION
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10.1 (b) Government Bodies and Officials
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10.1 (c) States and Political Subdivisions
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10.1 (j) Acts, Bills, Codes, Constitutions, etc.
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(7) Sex Offender Risk Levels, Prisoner Disciplinary Hearings and Attorney Disciplinary Charges
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(2) Distances and Measurements
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| 10.3 DATES AND TIME
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Capitalize in accordance with standard authorities, except as noted below.
10.1 (b) Government Bodies and Officials
Full names of specific government bodies and officials are capitalized. Short-form references also are capitalized:
the New York State Legislature, or
the Legislature
the Ways and Means Committee, or
the Committee
the Social Security Administrator, or
the Administrator
the Zoning Board of Appeals of the Town of Saugerties, or
the Board
the New York City Water Board Treasurer, or
the Treasurer
the Chair of the Public Service Commission, or
the Chair
the New York County Coroner, or
the Coroner
Assistant District Attorney Smith, or
the Assistant District Attorney, or
the Assistant
District Attorney Murphy, or
the District Attorney
Law Guardian Felber, or
the Law Guardian
Mayor Lewis, or
the Mayor
James Baker, Public Defender, or
the Public Defender
State Trooper Jones, or
the State Trooper, or
the Trooper
the New York State Police, or
the State Police
General references to government bodies and officials should not be capitalized:
a district rent administrator
a zoning board of appeals
treasurers
a mayor
state troopers
10.1 (c) States and Political Subdivisions
The full names of states and their political subdivisions should be capitalized:
State of New York
The word "state" standing alone should be capitalized only when the word it modifies is capitalized, when referring to a state as a party, or when referring to a state acting in its governmental capacity. In addition, the words "county," "city," "town," "village" and the like standing alone should be capitalized only when the word they modify is capitalized, when referring to such political subdivision as a party, or when referring to such political subdivision acting in its governmental capacity.
Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, but lowercase "district" when used as a general term, such as "one of the congressional districts."
the Legislature, but
the legislative branch
the Executive, but
the executive branch
the Judiciary, but
the judicial branch
The word "Government" standing alone should be capitalized only when referring to the United States.
The following terms are always lowercased:
federal government
state government
Federal is capitalized only when modifying a capitalized word:
the Federal District Court
the Federal Constitution, but
federal budget
Lowercase "capital"; capitalize "Capitol."
The full names of courts ("City Court of Albany") or their parts ("Housing Part") should be capitalized.
Capitalize the word "court" when standing alone only when referring to the Supreme Court of the United States, the New York Court of Appeals or the Appellate Division of the Supreme Court.
General references to courts or their parts are not capitalized. For example:
a county court
a justice court
appellate courts
Do not capitalize:
court below
hearing court
IAS court
lower court
motion court
suppression court
sentencing court
trial court
Capitalize "Judge" or "Justice" when part of a personal name (Judge White).
Short-form references to a specific judge or justice are also capitalized. For example:
The decision was written by Justice Jones of the New York Supreme Court. The Justice reasoned . . .
General references to "judge" or "justice" are not capitalized, except when referring to a judge or justice of a named court. For example:
Many judges have written . . .
but
Many Judges of the New York Court of Appeals have written . . .
(2) Other Judicial Officers
Capitalize the following when part of a personal name or when used as a short-form reference to a specific individual:
Administrative Law Judge
Referee
Special Referee
Surrogate
Workers' Compensation Law Judge
Judicial Hearing Officer
Hearing Examiner
Magistrate
Support Magistrate
General references to such judicial officers are not capitalized:
an administrative law judge
the referees
the judicial hearing officers
Do not capitalize:
trial judge
trial justice
10.1 (j) Acts, Bills, Codes, Constitutions, etc.
(1) Titles of Acts, Ordinances, Regulations, etc.
Capitalize the titles of acts, ordinances, regulations, etc.: Urban Development Corporation Act, Emergency Tenant Protection Regulations, Zoning Ordinance of the Town of Bedford.
But lowercase the words "act," "statute," "ordinance," "regulation," etc., when standing alone.
Lowercase general references to federal, state and municipal codes, such as housing regulations, steel code, oil code and building code.
Lowercase statute of limitations, statute of frauds, and rule against perpetuities.
(2) Popular Names of Acts and Constitutional Clauses
Capitalize the popular names of federal and state acts and constitutional clauses, for example: Dead Man's Statute, No-Fault Law, Federal Clean Water Act, Due Process Clause, Equal Protection Clause.
Capitalize constitution when referring to the specific constitution of any nation or state, but lowercase it as a general term.
New York State Constitution
Federal Constitution
Capitalize amendments to the constitution when referred to by number, such as the Fifteenth Amendment. When referred to by name, capitalize if full title is given, such as the Child Labor Amendment; but lowercase "amendment" as a general term—"a constitutional amendment."
Lowercase names of crimes:
class D felony
petit larceny
Lowercase "plaintiff," "defendant," "appellant," "respondent," etc.
Lowercase complaint, answer, bill of particulars, interrogatories, separation agreement, opinion, qualified domestic relations order, temporary restraining order and similar terms.
Capitalize commonly used regional names:
Lower Manhattan
South Bronx
Historic District
Capital District
Capitalize only proper nouns and adjectives:
English setter
King Charles spaniel
golden retriever
Lowercase references to numbered items, such as indictments, interrogatories, apartments, indexes, etc.:
indictment No. 3587-83
apartment 6B
license No. 137 ACH
damage parcel No. 6
exhibit B
10.2 NUMERALS, NUMBERS AND SYMBOLS
In general, numbers up to and including nine should be spelled out and numbers above nine should be denoted by figures. However, the style of the larger numbers controls the style of the smaller ones, when used in the same context (e.g., "The victim was uncertain whether the gunman was 8, 10, or 20 feet away at the time of the shooting"). Ordinarily, spell out numbers that begin a sentence (e.g., "Forty-five men were injured in the battle").
Figures may be used for dollar amounts of any size: $1, $50, $1 million.
Fractions standing alone should be spelled out as follows:
two-thirds share
one-third-inch pipe
one half the farm
Fractions accompanied by whole numbers should appear in numerical form as follows:
3¾ shares
10½ barrels
In referring to articles of federal and state constitutions and statutes, roman numerals should be retained.
(a) Determinate Term Sentences
For determinate term sentences, apply the rule in section 10.2 (a) (1) (numbers up to and including nine should be spelled out and numbers above nine should be denoted by figures) as follows:
Defendant's term of probation was reduced to four years.
Defendant was sentenced to a prison term of 15 years.
and, in accordance with section 10.2 (a) (3):
Defendant was sentenced to a determinate prison term of 3¾ years.
(b) Indeterminate Term Sentences
For indeterminate term sentences, numerical figures are used as follows:
Defendant's sentence was reduced to a prison term of 3 to 6 years.
Reference to specific types of firearms should appear in the form that follows:
9 millimeter
.38 caliber
12 gauge
(7) Sex Offender Risk Levels, Prisoner Disciplinary Hearings and Attorney Disciplinary Charges
Reference to sex offender risk levels, prison disciplinary hearings and attorney disciplinary charges should appear as follows:
charge one
tier III disciplinary hearing
level three sex offender
risk factor 8
four year old, but
four-year-old child
Use symbols with figures (5¢, $3, 10%) and words with words (nine dollars, five percent).
(2) Distances and Measurements
Distances and measurements should be treated as follows:
100 feet by 100 feet, not 100' x 100'
10 inches, not 10"
90 degrees, not 90°
The parties were married on June 11, 1993 in Schenectady.
The transactions took place in October 1989 at the Chicago Board of Trade.
The parties were married on Thanksgiving Day 1993.
The document was signed in 2000.
1920s
twentieth century
twenty-first century
All the months of the year, with the exception of May, June and July, should be abbreviated when used in parentheses or footnotes: (Sept. 1)
Use figures to denote time as follows:
8:00 p.m.
12:15 a.m.
4 o'clock
spring
summer
fall
winter
(1) Names in Appeal Statements
In appeal statements, use the full name of the judge.
(2) Names in Running Text
The name of the judge in running text may, but need not, include the full name:
The decision of Mr. Justice Pound (later Chief Judge of the Court of Appeals) at Special Term . . .
Chancellor Kent's opinion pointed the way . . .
Judge Edward T. Bartlett of the Court of Appeals said . . .
(3) Name at Opinion Opening
At the opening of each opinion the name of the judge appears as follows:
Chief Judge Kaye; Stark, J.
First names may be added to avoid ambiguity:
Patricia D. Marks, J.
Use the style of personal names as given in the record or briefs. In the event of conflicting styles, follow the personal name style used in papers submitted by or on behalf of that individual.
Unless it is the first word of a sentence, do not capitalize the word "the," even if it is part of the name of an entity:
the New York Times
the Salvation Army
the Gap
the Travelers
11.0 QUOTATIONS AND QUOTATION MARKS
Contents of Section
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| 11.1 QUOTATIONS
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11.1 (g) Statutory and Regulatory Material
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| 11.2 QUOTATION MARKS
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11.2 (d) Use of Quotation Marks for Short-Form References
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Quotations should be verbatim as to word style, citation style and punctuation. All quotations, including blocked quotations, must be enclosed within quotation marks.
Quotations of 50 words or more in opinions must be blocked. For counting purposes, words include articles, symbols and numbers. Quotations in memorandum decisions are not blocked.
Commas and periods are placed within the ending quotation mark; colons and semicolons are placed outside. Other punctuation, such as question marks and exclamation marks, is placed within the ending quotation mark only if part of the quoted material.
The omission of one or more words from a quotation is indicated by the use of an ellipsis.
An ellipsis is indicated by three ellipsis points ( . . . ), not by asterisks.
Do not use an ellipsis at the beginning of a quotation.
The use of three ellipsis points to indicate an omission between quoted sentences is preferred; no period is needed at the end of the first quoted sentence. For example:
"After the contents of the inquiry are placed on the record, counsel should be afforded a full opportunity to suggest appropriate responses . . . [T]he trial court should ordinarily apprise counsel of the substance of the responsive instruction it intends to give so that counsel can seek whatever modifications are deemed appropriate before the jury is exposed to the potentially harmful information."
The omission of internal quotation marks or case citations may be indicated by a parenthetical, such as (internal quotation marks and citation omitted), in which case ellipses are not necessary.
Use brackets to indicate that language has been added or modified. If bracketed language replaces language omitted, there is no need to indicate the omission with an ellipsis.
When the quoted material contains mistakes that the author does not wish to correct by substituting bracketed language, the author may indicate that the mistake appeared in the original by inserting "[sic]'' after the mistaken language.
Do not use: (emphasis in original).
To add emphasis to a quotation, use italics and add a parenthetical: (emphasis added). However, when the source document in which a quotation is found uses a different style of emphasis (e.g., underscoring, boldface), retain that style. When emphasis in the source document is retained in a quotation and the author wishes to add further emphasis, use italics and add a parenthetical, such as: (additional emphasis added).
11.1 (g) Statutory and Regulatory Material
Although some material in statutes and regulations is boldfaced, quotations of such material should be in normal type.
Single-paragraph quotations have quotation marks at the beginning and the end of the quoted language.
Multiple-paragraph quotations have quotation marks only at the beginning of each paragraph and at the end of the last paragraph.
If the quotation contains language that is already quoted (a quotation within a quotation), the previously quoted language may be enclosed within single quotation marks ('). Likewise, a quotation within a quotation within a quotation may be enclosed within double quotation marks (''). For example: The court reviews "whether counsel's performance 'viewed in totality' amounts to 'meaningful representation' " (People v Grey, 34 AD3d 832, 833 [2006]).
Alternatively, a quotation from language already containing quotations may be quoted in the following manner: The court reviews "whether counsel's performance viewed in totality amounts to meaningful representation" (People v Grey, 34 AD3d 832, 833 [2006] [internal quotation marks omitted]).
11.2 (d) Use of Quotation Marks for Short-Form References
To shorten a name, do not use quotation marks within parentheses, e.g., American Red Cross of Greater New York (Red Cross), not American Red Cross of Greater New York ("Red Cross").
12.0 WORD STYLE IN GENERAL
Contents of Section
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| 12.1 GENDER NEUTRAL WRITING
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12.1 (b) Using "He" or "She" as Generic Pronoun
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12.3 (a) Use of English Language Words and Phrases
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| 12.5 DESCRIBING PERSONS WITH DISABILITIES
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12.1 GENDER NEUTRAL WRITING
Use inclusive terms, rather than masculine or feminine forms.
| Use
| Avoid |
| administrator
| administratrix |
| a one-person operation
| a one-man operation |
| artificial
| man-made |
| Assembly Member; Member of the Assembly
| Assemblyman |
| battered syndrome or battered person syndrome
| battered woman syndrome |
| businessperson; executive
| businessman |
| chair; chairperson
| chairman |
| colleagues
| brethren |
| diplomacy
| statesmanship |
| drafter
| draftsman |
| executor
| executrix |
| firefighter
| fireman |
| presiding juror; foreperson
| foreman |
| supervisor [employment context]
| foreman |
| high ranking officials
| men in high places |
| homemaker
| housewife |
| journalists
| gentlemen of the press |
| Member of Congress; Representative
| Congressman |
| members of the jury
| gentlemen of the jury |
| nurse
| male nurse |
| police officer
| policeman |
| reasonable person
| reasonable man |
| representative
| spokesman |
| staff
| manpower |
| worker
| workman |
12.1 (b) Using "He" or "She" as Generic Pronoun
Avoid using "he" or "she" as a generic pronoun. "He" or "she" should not be used to refer to a group of people that may include men and women or an individual whose gender is not known. Instead you might:
(1) Eliminate the pronoun altogether. For example, "A court clerk can give you
her advice on that form," can be changed to "A court clerk can give you advice on that form."
(2) Find a neutral article or pronoun, such as "a," "the," or "this.'' "A judge can always make
his ruling orally,'' might be replaced by "A judge can always make
the ruling orally."
(3) Rearrange the sentence to use "who'' as the pronoun. "If someone wants an adjournment,
he should ask for it during the calendar call," can be altered to "A person
who wants an adjournment should ask for it during the calendar call."
(4) Replace the pronoun with a synonym. "You should find a court officer.
He is the one who can help you," can be changed to "You should find a court officer. That is the
officer who can help you."
(5) Use a plural pronoun. Instead of writing, "A juror must make
his own assessment of the credibility of each witness," you can write, "Jurors must make
their own assessments of the credibility of each witness."
This section is based upon New York State Judicial Committee on Women in the Courts, Fair Speech: Gender-Neutral Language in the Courts (NY St Unified Ct Sys [2d ed 1997]), which may be consulted for additional background.
Compound words may be open (separate words, no hyphen), closed (spelled as one word), or hyphenated.
See the word list at Appendix 5. For words not on the list, consult Webster's Third New International Dictionary (2002).
Hyphenate an adjectival phrase formed of two or more words preceding the noun modified only where ambiguity might otherwise result.
Follow the word style in Webster's Third New International Dictionary (2002), except as modified by Appendix 5. Otherwise, hyphenate a prefix to a root word only where ambiguity might otherwise result (e.g., re-present, not represent; re-serve, not reserve).
12.3 AVOIDANCE OF LATINISMS AND LEGALISMS
12.3 (a) Use of English Language Words and Phrases
The use of Latin and other foreign language words and phrases generally is discouraged where an English language equivalent is available. Legalisms are also discouraged. For example, consider these substitutes:
| Instead of
| Consider Using |
| ab initio
| from the beginning; from the inception |
| ad infinitum
| forever; without end |
| a fortiori
| for an even stronger reason |
| arguendo
| for the sake of argument; hypothetically; assuming |
| cestui que trust
| beneficiary |
| circa
| about |
| dehors
| out of; beyond; outside |
| ex contractu
| from a contract; contractual; in contract |
| indices
| indexes |
| in loco delicti
| in the place of the offense |
| in praesenti
| in the present; at the present time |
| in statu quo
| in the present condition |
| inter alia
| among others; among other things |
| inter se
| among themselves; between themselves |
| in toto
| completely; in all; totally; on the whole |
| make a motion
| move |
| nisi prius
| trial court |
| opinion per
| opinion by |
| or, in the alternative
| or |
| pro rata
| proportional; proportionate |
| pro tanto
| partial; as far as it goes |
| qua
| in the capacity of; as |
| quantum
| amount |
| quondam
| former |
| said
| the |
| same
| it; them |
| sans
| without |
| sub silentio
| silently; under silence |
| such
| the; this or that |
| to wit
| namely |
| viz.
| namely |
The use of Latin and other foreign words and phrases is appropriate where the word or phrase has become part of standard English or is a legal term of art.
Commonly used foreign words and phrases are not italicized. See section 13.7.
12.4 PERSONAL IDENTIFYING INFORMATION
(1) Children. The name of any person 17 years old or younger 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 the mentally ill), 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.
(1) Account Numbers. Numerical identifiers such as Social Security numbers; bank, credit and debit card 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).
Other identifying detail, such as an exact street address, e-mail 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 such information would tend to identify a person whose identity requires protection under section 12.4 (a).
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).
PART III: TYPOGRAPHY AND SPACING
13.0 TYPOGRAPHY
Contents of Section
|
| 13.1 TITLES OF DECISIONS
|
| 13.2 PARAGRAPH AND SECTION HEADINGS
|
| 13.3 TIME ABBREVIATIONS
|
| 13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE
|
| 13.5 SMALL CAPITALS USED IN TEXT
|
| 13.6 ADDED EMPHASIS
|
| 13.7 FOREIGN WORDS AND PHRASES
|
| 13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.
|
[Note: To small cap words in WordPerfect, highlight the words to be small capped, place all words in lowercase; on the toolbar, go to Format > Font, and under Appearance check Small caps; then click OK.]
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.
Abbreviations a.m. and p.m., and b.c. and a.d. are set in small capitals.
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 Kaye.
13.5 SMALL CAPITALS USED IN TEXT
Use small capitals in text for the following:
In wills, small capitals are used for articles, e.g., article II, and the name of the testator and beneficiaries within quotations.
For trial or other testimonial transcripts, use small capitals for the name of the attorney or witness at the beginning of each transcript passage quoted.
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 (8th ed 2004).
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.
Spaces are inserted between the section number and each subsequent subdivision cited as follows:
(Town Law § 199Δ[1]Δ[a];Δ[4])
(Domestic Relations Law § 236Δ[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. |
| 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. |
| 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]
| 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] |
| 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
| P.C. |
| 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. |
| Securit[y, ies]
| Sec. |
| Service
| Serv.
|
| Sociedad Anónima, Societá in accomandita per azioni, Société Anonyme
| S.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
|
A. NEW YORK
A
| 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
|
B
| 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 |
C
| 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 |
D
| 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 |
M
| Mills' Surrogate Reports
| Mills |
| Miscellaneous Reports
| Misc |
| Miscellaneous Reports 2d Series
| Misc 2d |
| Miscellaneous Reports 3d Series
| Misc 3d |
N
| 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]
|
| 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 |
S
| 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 |
T
| 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
| BR |
| 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 |
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
| TC |
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-date]
| Ark App |
| Arkansas Reports [1837-date]
| Ark |
| Atlantic Reporter
| A, A2d |
C
| 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] |
D
| 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 |
G
| Georgia Appeals Reports [1907-date]
| Ga App |
| Georgia Reports [1846-date]
| Ga |
H
| Hawaii Appellate Reports [1980-1994]
| Haw App |
| Hawaii Reports [1847-date]
| Haw |
I
| Idaho Reports [1866-date]
| Idaho |
| Illinois Appellate Court Reports [1877-date]
| Ill App, Ill App 2d, Ill App 3d |
| Illinois Court of Claims Reports [1889-date]
| Ill Ct Cl |
| Illinois Reports [1849-date]
| 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 |
L
| Louisiana Annual Reports [1846-1900]
| La Ann |
| Louisiana Courts of Appeal Reports [1924-1932]
| La App |
| Louisiana Reports [1900-1972]
| La |
M
| 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 |
N
| 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 |
O
| 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 |
P
| Pacific Reporter
| P, P2d, P3d |
| Pennsylvania Commonwealth Court Reports [1970-date]
| 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]
| RI |
S
| South Carolina Reports [1868-date]
| SC |
| South Dakota Reports [1890-1976]
| SD |
| Southeastern Reporter
| SE, SE2d |
| Southern Reporter
| So, So 2d |
| Southwestern Reporter
| SW, SW2d, SW3d |
T
| 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 |
U
| Utah Reports [1851-1974]
| Utah, Utah 2d |
V
| 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 |
APPENDIX 3
APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS
| affidavit
| aff [if abbreviated] |
| 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 |
| 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 |
| 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 |
|
| opere citato
| op. cit. |
| opinion
| op |
| paragraph
| para; ¶ |
| reargument
| rearg |
| rehearing
| reh |
| renumbered
| renum |
| reversed
| revd |
| reversing
| revg |
| revised
| rev |
| subdivision
| subd |
| subsection
| subsec |
| sub nomine
| sub nom. |
| Supplementary Pamphlet
| Supp Pamph |
| transcript
| tr [if abbreviated] |
| 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
| A |
| 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 § __) |
| Agricultural Conservation and Adjustment Law § __ |
| Agriculture and Markets Law § __ |
| Alcoholic Beverage Control Law § __ |
| Alternative County Government Law § __ |
| Arts and Cultural Affairs Law § __ |
| |
| B |
| Banking Law § __ |
| Benevolent Orders Law § __ |
| Business Corporation Law § __ |
| |
| C |
| 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 |
| |
| D |
| Debtor and Creditor Law § __ |
| Domestic Relations Law § __ |
| |
| E |
| 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 § __ |
| |
| F |
| Family Court Act § __, or Family Ct Act § __ |
| |
| G |
| General Associations Law § __ |
| General Business Law § __ |
| General City Law § __ |
| General Construction Law § __ |
| General Municipal Law § __ |
| General Obligations Law § __ |
| |
| H |
| Highway Law § __ |
| |
| I |
| Indian Law § __ |
| Insurance Law § __ |
| |
| J and K |
| Judiciary Law § __ |
| |
| L |
| 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) |
| |
| M |
| 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 § __ |
| 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 § __ |
| |
| R |
| 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 § __ |
| |
| S |
| 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 |
| |
| T |
| Tax Law § __ |
| Town Law § __ |
| Transportation Corporations Law § __ |
| Transportation Law § __ |
| |
| U |
| 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 |
| V |
| 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) § __ |
| Kidnaping Act (18 USC) § __ |
| 28 USC § __ |
| US Revised Statutes § __, or US Rev Stat § __ |
APPENDIX 5
STYLE OF PARTICULAR WORDS
| A |
| ab initio | a posteriori |
| above-cited | a priori |
| ad damnum | arguendo |
| ad hoc | arm's length |
| ad infinitum | Associate's degree |
| ad valorem | attorney-at-law |
| a fortiori | Attorney General |
| AIDS | attorney-in-fact |
| Alco-Sensor | at-will employee |
| also known as (do not abbreviate) | audiotape |
| amici curiae | autopen |
| amicus curiae | |
| |
| B |
| baby-sit(ter, ting) | biweekly |
| backlog | blue sky law |
| backup (adj.) | bona fide |
| backseat | bona fides |
| bar | buyout |
| bench | bylaw |
| biannual (twice a year) | by-product |
| biennial (every two years) | |
| |
| C |
| case-in-chief | corpus delicti |
| case law | correction officer |
| case load | cotortfeasor |
| causa mortis | counsel (s. and pl.) |
| caveat emptor | counselor-at-law |
| Central Register of Child Abuse and Maltreatment | counterclaim |
| cesarean section | countermotion |
| cestui que trust | courthouse |
| cestuis que trustent | courtroom |
| circa | coworker |
| city marshal | cross appeal (n.) |
| claimant-appellant | cross-appeal (v.) |
| cocounsel | cross claim (n.) |
| commingle | cross-claim (v.) |
| common law (n.) | cross complaint |
| common-law (adj.) | cross-examine |
| commonsense (adj.) | cross-examination |
| cooperative | cross motion |
| co-owner | cross-move (v.) |
| coram nobis | cy pres |
| corpus | |
| |
| D |
| damage (n.) (referring to injury to person or property) | de jure |
| damages (n.) (referring to compensation for injury) | de minimis |
| database | de novo |
| de facto | dicta |
| defendant-appellant | dictum |
| defendant Smith | doing business as (do not abbreviate) |
| defendant trustee | Dow Jones Average |
| dehors | down payment |
| |
| E |
| ejusdem generis | ex officio |
| election day | ex parte |
| e-mail | ex post facto |
| en banc | ex-wife |
| evidence-in-chief | executor de son tort |
| ex contractu | eyewitness |
| ex-husband | |
| |
| F |
| factfinder | firsthand (adj.) |
| fact-finding (adj. and n.) | forego (to go before) |
| farfetched | forgo (to waive) |
| far-reaching | Form U-4 |
| father-in-law | forum non conveniens |
| fellow-servant rule | four year old |
| firefighter | four-year-old child |
| fire marshal | four-year period |
| |
| G |
| Golub notice | grand jury |
| goodwill | guardian ad litem |
| good faith (n. and adj.) | |
| |
| H |
| habeas corpus | High Court (Supreme Court of the United States or New York Court of Appeals) |
| half brother | HIV-positive (adj.) |
| health care | |
| |
| 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 loco delicti | inter se |
| in limine | 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 (but Kidnaping Act) |
| kidnapped | |
| |
| L |
| lawsuit | lis pendens |
| layperson | long-arm (adj.) |
| Lexis (but LEXIS in citations) | long-standing (adj.) |
| lienholder | lump-sum settlement |
| lineup | |
| |
| M |
| mandamus | mens rea |
| marihuana; marijuana | MetroCard |
| Master's degree | mother-in-law |
| Medicaid | multifamily |
| Medicare | multistory |
| |
| N |
| nationwide | nonhearsay |
| next of kin | nonparty |
| nexus | non sequitur |
| nisi prius | non sui juris |
| no-fault | nonworking |
| noncompliance | nunc pro tunc |
| non compos mentis | |
| |
| O |
| obiter dictum | on line (n.) |
| objector-respondent | on-site (adj.) |
| offset (n. and v.) | on site (n.) |
| ongoing | overall |
| on-line (adj.) | overruled |
| |
| P |
| parens patriae | posttrial |
| party in interest | pre-answer |
| pat down (n.) | prearraignment delay |
| pat-down search (adj.) | preexisting |
| pendente lite | prejudgment |
| per capita | pre-plea |
| percent | presentence report |
| per curiam | pretrial |
| per diem | prima facie |
| per se | primary day |
| per stirpes | pro bono |
| petitioner-respondent | pro forma |
| Ph.D. | pro hac vice |
| plaintiff and judgment creditor | pro rata |
| plaintiff-appellant | pro se |
| plaintiff husband | pro tanto |
| plaintiff-respondent | pro tem |
| plead (present tense)
| pro tempore |
| pleaded (past tense) | proved |
| policymaking (n.) | proven (adj.) |
| policy-making (adj.) | purchase-money mortgage |
| post-note of issue | |
| |
| 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 |
| rent-controlled (adj.) | res judicata (not res adjudicata) |
| rent-stabilized (adj.) | respondeat superior |
| re-present (present again) | right-of-way |
| res | rule-making (adj.) |
| rescission | rulemaking (n.) |
| |
| S |
| safe deposit box | so-called |
| sans | Social Security |
| scienter | stare decisis |
| secondhand (adj.) | statewide |
| self-defense | station house |
| self-evident | status quo |
| self-incrimination | statute of frauds |
| self-interest | statute of limitations (s.) |
| setoff (n.) | statutes of limitations (pl.) |
| set off (v.) | stepdaughter |
| set-off (adj.) | stepfather |
| showup | sua sponte |
| shut off (v.) | sub judice |
| shutoff (n. and adj.) | subpoena; subpoena duces tecum (do not join oe) |
| sic (itals.) | sub silentio |
| sine die | successor in interest |
| sine qua non | surreply |
| |
| T |
| third-party action | Totten trust |
| 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 |
| Web site | workload |
| well-being | workplace |
| well established | work site |
| whistleblower | World War II |
| workfare | World Wide Web |
| work force | |
| |
| 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.
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 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.
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.
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 Schools of Liverpool Cent. School 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 School 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
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
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
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.
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 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.
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 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
INSANITY
In the Matter of Jamie R., Respondent, v Eileen Consilvio, as Director of Kirby Forensic Psychiatric Center, Appellant.
case name: Matter of Jamie R. v Consilvio
In the Matter of Robert T., a Person Alleged to be Incapacitated, Appellant. State Commissioner of Mental Hygiene, Appellant; Eugene Gold, as District Attorney, Respondent.
case name: Matter of Robert T.
State of New York ex rel. Stephen J. Harkavy, on Behalf of John Doe Nos. 1 through 12, Petitioner, v Eileen Consilvio, as Executive Director of Manhattan Psychiatric Center, Respondent.
case name: State of N.Y. ex rel. Harkavy v Consilvio
In the Matter of Sharone T., Respondent. Rochester Psychiatric Center, Appellant.
case name: Matter of Sharone T. (Rochester Psychiatric Ctr.)
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 State of N.Y.
INVOLUNTARY TREATMENT
In the Matter of the Application 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 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.
NEGLECTED CHILDREN
In the Matter of Michael A., a Child Alleged to be Permanently Neglected. Azilda A. et al., Respondents.
case name: Matter of Michael 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.
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
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 Weiss
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 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 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
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)
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 list: Court of Appeals; Appellate Division of the Supreme Court in the First Judicial Department; Appellate Term of the Supreme Court in the Second Judicial Department; Supreme Court, Kings County; Court of Claims; Albany County Court; Family Court, Onondaga County; Surrogate's Court, Broome County; City Court of Buffalo, Erie County; New York City Civil (Criminal) Court, 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 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, (1) modified, on the law, 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, and (2) remitted the matter to Supreme Court for further proceedings. The modification consisted of partially granting the petition and directing respondents to release to petitioners the names of the police officers involved in the incident in question and the respective discipline imposed.
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, and remanding 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. Various Procedural Postures
Modification at Appellate Division—Entire Appellate Division Order before the Court
Cross appeals, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered June 22, 1998. The Appellate Division modified, on the law, a judgment of the Supreme Court, Suffolk County (W. Bromley Hall, J.), entered in a proceeding pursuant to CPLR article 78 to review a determination of respondent Brian J. Wing, as Acting Commissioner of the New York State Department of Social Services, that calculated petitioner's medical assistance ineligibility period from the first day of the month following transfer of assets for less than fair market value and imposed a partial month penalty. The judgment had granted the petition and directed the recalculation of the penalty period. The Appellate Division's modification consisted of deleting the fourth decretal paragraph of the judgment that directed the recalculation to be made in accordance with Administrative Directive 92ADM-38, which does not permit the imposition of a partial month penalty, and substituting therefor a provision permitting the imposition of a partial month penalty upon the recalculation of the penalty period. The Appellate Division affirmed the judgment as modified.
CPLR Article 78 Proceeding (transferred to Appellate Division by Supreme Court)
Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 12, 1980, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in New York County). The Appellate Division, with two justices dissenting, confirmed a determination of the Waterfront Commission of New York Harbor, which had revoked petitioner's longshoreman's registration with leave to reapply in six months, and dismissed the petition.
Juvenile Delinquency Proceeding
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 May 30, 1996. The Appellate Division affirmed an order of disposition of Family Court, Bronx County (Stewart H. Weinstein, J.), which had adjudicated appellant a juvenile delinquent and placed him with the Division for Youth in a limited secure facility for 18 months. The disposition followed a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
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).
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, 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, Bronx County (Myrna Martinez-Perez, J.), entered June 15, 2000. 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 crime of criminal contempt in the second degree.
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 Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the bar on April 4, 1956 at a term of the Appellate Division of the Supreme Court in the Second Judicial Department. By unpublished order of this Court entered on February 21, 2001 (M-4308), respondent was found guilty of professional misconduct and the matter was referred to a referee solely to consider evidence in mitigation or aggravation, if any, and to recommend the appropriate sanction to be imposed.
Motion 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 California. Respondent was admitted to the bar on February 9, 1983 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.
Appeal from an order of the Erie County Court (Eugene Wiles, J.), entered January 31, 2000. The order granted defendant's motion to suppress physical evidence and denied the People's motion to compel defendant to submit a blood sample.
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.
Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Third Judicial Department pursuant to Education Law § 6510 [5]) to review a determination of respondent Commissioner of Education, which suspended petitioner's license to practice engineering in New York for two years.
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), 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.
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.
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.
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 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
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.
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
citations, repeating,
1.3time, typography of abbreviations of,
13.3Abstracts, 2.2 (b) (2)
"Accord," as signal, 1.4 (a)
Actions, titles of, 8.0; Appendix 6
Acts
"A.D.," typography, 13.3
Additions to statutes, 3.1 (b) (3) (b)
Administrative codes, 4.0
Advisory committee notes, statutory, 3.1 (c)
Affidavits, 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
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
Appearances of counsel
multiple appearances,
9.3pro hac vice appearances,
9.7punctuation of appearances,
9.0style of appearances,
9.0Appellate Division, rules of, 4.1 (b) (4)
Appellate history
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
legal periodicals, treatises and other works,
7.1 (b)"B.C.," typography, 13.3
Bill jacket, 3.1 (f)
Bills, capitalization of, 10.1 (j)
Blocked quotations, 11.1 (a)
Books
Branches of government, capitalization of, 10.1 (d)
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
government bodies and officials,
10.1 (b)titles of individuals,
10.1"Capitol," capitalization of, 10.1 (g)
Case history
Case law reports, abbreviation of, Appendix 2
Case names
Cases
CD-ROM, treatises, 7.3 (d)
Centuries, 10.3 (f)
Certiorari, Appendix 3
"Cf.," as signal, 1.4 (a)
CFR, 4.2 (a)
Chapters
Circuit
Citational footnote style
Citations
federal rules and regulations,
4.2introductory signals,
1.4judicial departments and circuits,
2.2;
2.3parallel, subsequent reference to,
1.3 (e)previously cited authority,
1.3United States Supreme Court,
2.3 (a)Citation strings, statutory, 3.1 (b) (2)
City and county ordinances, 10.1 (j)
"City," capitalization of, 10.1 (c)
Civil Service Commission Rules and Regulations, New York City, 4.1 (b) (1)
Code of Federal Regulations, 4.2 (a)
Code of Professional Responsibility, citation of, 4.1 (b) (6)
Codes
model codes, proposed codes and uniform laws,
3.1 (e)Commas
Commentaries, practice, 3.1 (c)
Commission and agency documents and materials, 2.4 (b)
"Compare," as signal, 1.4 (a)
Compilations
administrative regulations,
4.0Official Compilation of Codes, Rules and Regulations of State of New York,
4.1Compound words, 12.2
Consecutive sections of statute, 3.1 (b) (2)
Consolidated statutes, forms of, Appendix 4
Constitutions
"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) (3)
Court of decision, abbreviations, 2.2 (a) (7)
Crimes, capitalization of, 10.1 (k)
Criminal Jury Instructions, 4.1 (c) (2)
Dates
cases, in law journals and newspapers,
2.2 (b)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
"E.g.," use of, 1.4 (a)
Electronic sources
Ellipsis, omitted material in quotations, 11.1 (c)
Emphasis
emphasized material in quotations,
11.1 (f)Encyclopedias
Eras, typography, 13.3
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
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
Federal Statutes-at-Large, 3.2
Firearms, 10.2 (a) (6)
Footnotes
Foreign constitutions, 5.1
Foreign names, 13.7; Appendix 5
Foreign words and phrases,
Latinisms, avoidance of,
12.3Former 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)state and local, capitalization of,
10.1"Government," capitalization of, 10.1 (e)
Hierarchy
Historical constitutional material, 5.3
History of cases
History of statutes, 3.1 (b) (3)
Hyphen
"Id.," use of, 1.3 (d)
Initials, use of in titles, 8.1 (d)
Insurance Department Regulations, 4.1 (b) (9)
Internal Revenue Code, Appendix 4
International agreements, 6.0
Internet material, 2.4 (a) (3); 7.1 (c)
Introductory signals, 1.4 (a)
Italicization, 1.4; 2.0; 7.0; 13.7; Appendix 5
Judges and Justices
Judicial history of cases (see History of cases)
Jump cites, 1.3; 2.2 (a) (2)
Jurisdiction, indication of in citations, 2.2
Jury Instructions
Latinisms, avoidance of, 12.3
Latin words, italicization of, 12.3 (c); 13.7; Appendix 5
Law journals and reviews, 7.2
Legal documents
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
Measurements, use of symbols for, 10.2 (b) (2)
Medium neutral citations, 2.3 (c) (4)
Model codes, 3.1 (e)
"Modified," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3
Months, abbreviation of, 10.3 (g)
Motions
Multiple attorneys, appearances of, 9.3
Multiple citations
Multiple pages, citation of, 2.2 (a)
Multiple statutes, citation of, 3.1 (b) (2)
Municipal ordinances, 10.1 (j)
Names
judge name in opinion opening, typography of,
13.4newspapers and magazines, typography of names of,
13.8reporter, citing out-of-state cases by name of,
2.3 (c) (3)Names of cases
National Reporter System (see Unofficial reports)
Newspapers
typography of names of,
13.8New York City
Civil Service Commission Rules and Regulations,
4.1 (b) (1)New York Law Journal, citation to, 2.2 (b) (3)
New York State
Non-attorney, appearance of counsel by, 9.3 (a); 9.3 (b)
Nonstatutory material in statutory compilations, 3.1 (c)
Nouns, capitalization of, 10.1
Numbered items, capitalization of, 10.1 (p)
Numbers
Numerals
Official Compilation of Codes, Rules and Regulations of State of New York, 4.1 (a)
Official reports
On-line services, 2.4 (a) (1)
Opposing citations, introductory signals to, 1.4
Out-of-state cases, 2.3 (c)
Out-of-state statutes, 3.3
Ordinances, capitalization of, 10.1 (j) (1)
Page references
"at," use in citation to particular page,
1.3legal periodicals, treatises and other works,
7.1 (a)Paragraph headings, typography of, 13.2
Parallel citations
officially reported case,
2.2;
2.3Parentheses
constitutional citations within parentheses,
5.2 (a)Parenthetical indications
Parties, capitalization of, 10.1 (l)
Pattern Jury Instructions, 4.1 (c) (1)
Periodicals
Periods, use of to punctuate quotations, 11.1 (b)
Personal identifying information
titles of actions and proceedings,
8.4Personal names, 10.4 (b)
Pinpoint page citations, 1.3; 2.2 (a) (2)
Placement of citations, 1.2
Pluralization of case name abbreviations, Appendix 1
Point page citations, 1.3; 2.2 (a) (2)
Popular names of acts and constitutional clauses, capitalization of, 10.1 (j) (2)
Practice commentaries, 3.1 (c)
Previously cited authority, reference to, 1.3
Prisoner disciplinary hearings, numerals used, 10.2 (a) (7)
Proceedings, titles of, 8.0; Appendix 6
Pro hac vice appearances, 9.7
Publications, citation of, 7.0
Public domain citations, 2.3 (c) (4)
Punctuation
introductory signals,
1.4Quotation marks, 11.2
Quotations
References to previously cited cases, 1.3
References to statutes, 3.0
Regional names, capitalization of, 10.1 (n)
Regulations
Rent statutes and regulations, 4.1 (b) (7)
Renumbering of statutes, 3.1 (b) (3) (c)
Repealed New York statutes, style and abbreviation of, Appendix 4
Repeating citations, 1.3
Reporter, citing out-of-state cases by name of, 2.3 (c) (3)
Reports
Restatements,7.6
"Reversed," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3
"Reversing," in case history, 2.2 (a) (5); Appendix 3
Roman numerals, 10.2 (a) (4)
Rules
Seasons, 10.3 (i)
Section headings, typography of, 13.2
Section numbers
Section symbol, use of, 3.1
"See," as signal, 1.4 (a)
"See also," as signal, 1.4 (a)
"See generally," as signal, 1.4 (a)
Session Laws and Unconsolidated Laws, 3.1 (d)
Sex offender risk levels, numerals used, 10.2 (a) (7)
Short citation forms
"[sic]," use of, 11.1 (e)
Signals, 1.4 (a)
Slip opinions
unofficially reported New York slip opinions,
2.2 (b)Small capitals used in text, 13.5
Spacing, 14.0
"State," capitalization of, 10.1 (c)
State cases
"State of," inclusion in titles, 10.1 (c)
Statutes
consolidated statutes,
3.1out-of-state statutes,
3.3short citation forms,
1.3subdivisions in cited material,
3.0Statutes at Large, federal, 3.2
Statutory references, 3.0
String citations, 2.2 (a) (6); 3.1 (b) (2)
Student-Authored works, 7.2 (b)
Style
abbreviations, Appendixes 1-4
appearances of counsel,
9.0typography, particular styles of,
13.0Subsequent case history, 2.2 (a) (5); Appendix 3
Successive citations, short forms, 1.3
Summaries, Appendix 8
Superseded New York statutes, style and abbreviation, Appendix 4
Supporting citations, introductory signals to, 1.4
"Supra," use of, 1.3
Supreme Court of the United States cases, 2.3 (a)
Symbols, 10.2 (b)
Tabular cases, citation of, 2.4 (a) (2)
Text
citation of codes, rules and regulations in,
4.0citation of constitutions in,
5.0citation of statutes in,
1.2;
3.0Time
typography of abbreviation of,
13.3Titles
decisions, typography of titles of,
13.1treatises, abbreviated titles of,
7.3 (b)"Town," capitalization of, 10.1 (c)
Transcripts, citation of, 7.7
Treaties and international agreements, 6.0
Treatises, citation of, 7.3
Typography
Unconsolidated Laws
Uniform laws, 3.1 (e)
Uniform Rules for New York State Trial Courts, 4.1 (b) (5)
United States Code
United States Public Laws, 3.2 (b)
United States Reports
United States statutes, 3.2; Appendix 4
United States Supreme Court cases, 2.3 (a)
Unofficially reported cases
United States Supreme Court,
2.3 (a)Unofficial reports, citation of, 2.2 (b); 2.3; 2.4
Unreported cases
Vendor neutral citations, 2.3 (c) (4)
"Village," capitalization of, 10.1 (c)
Weight of citations
Westlaw, 2.4 (a)
Words, omitted in case titles, 8.1 (f)
Word styles, 12.0; Appendixes 1, 5
Years
