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

For more than 60 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. In addition, it specifies for editors the format and typographical standards for the Reports. Moreover, the Style Manual provides guidance to assist the courts with applying the Unified Court System's policy to protect the personal privacy and safety interests that are implicated in Internet publication of judicial opinions. This Edition continues to add and adapt style rules and policies that promote modern practices emphasizing clarity, brevity and use of plain English in judicial decisions; it also facilitates broad access to the law by encouraging citation of reliable, official sources that are publicly available online at no cost.

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:

Webster's Third New International Dictionary (2002), and Webster's Third New International Dictionary, Unabridged Online (http://unabridged.merriam-webster.com/)

The 2017 Edition updates citation formats and examples, adds new examples, clarifies some existing rules, and provides new rules where necessary. It incorporates all electronic updates since 2013. The revisions are premised on the input of the staff of the Law Reporting Bureau and various state courts and other users, and review of various writing and style authorities. In updating and revising the 2017 Edition, the Law Reporting Bureau remained committed to conforming to modern style practices, reducing unnecessary variations from standard style authorities, and compiling an extensive array of citation format examples for New York source material. The most noteworthy of the changes found in this Manual are:

The Style Manual's section on omitting or altering language in quoted material has been expanded to add examples of proper ellipsis use and revised to clarify the rules governing omissions from or alterations of the source text.

The rules on capitalization are essentially unchanged. The general rule that use of "down style" (lowercase) is preferred has been explicitly articulated to avoid overuse of capitalization (10.1 [a]).

The rules on formulation of case summaries (appeal statements) have been updated and examples have been added (Appendix 8). Guidance is now included for use of paragraph and section headings in decisions (13.2). The model citational footnote opinion has been retained (Appendix 7).

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

Changes to this Manual will be posted to the Bureau's Internet site at http://www.nycourts.gov/reporter/styman_menu.shtml. 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 New York Official Reports Citator.

1.1 ELEMENTS OF A CITATION

1.2 PLACEMENT OF CITATIONS

1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY

1.4 INTRODUCTORY SIGNALS

1.5 ELECTRONIC SOURCES IN GENERAL

2.2 NEW YORK COURT DECISIONS

2.3 FEDERAL AND OUT-OF-STATE DECISIONS

2.4 OTHER SOURCES OF DECISIONS

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS

3.3 OUT-OF-STATE STATUTES

4.0 REGULATIONS, COURT RULES, JURY INSTRUCTIONS, COLLOQUIES AND NEW YORK EVIDENCE GUIDE

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS, COLLOQUIES AND NEW YORK EVIDENCE GUIDE

4.2 FEDERAL RULES AND REGULATIONS

5.3 HISTORICAL CONSTITUTIONAL MATERIAL

7.2 PERIODICALS, NEWSPAPERS AND BOOKS

7.4 DICTIONARIES AND ENCYCLOPEDIAS

7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS

7.8 MANUALS, HANDBOOKS, GUIDELINES AND REPORTS

8.1 GENERAL RULES OF TITLE FORMULATION

8.2 COMMON TITLE STYLES

8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS

8.4 PERSONAL IDENTIFYING INFORMATION

9.3 APPEARANCES ON OWN BEHALF

9.4 APPEARING SPECIALLY

9.5 NAME AND TITLE OF PUBLIC OFFICIALS

9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE

9.7 OUT-OF-STATE ATTORNEY

9.8 ATTORNEY APPEARING AS COURT EVALUATOR

9.9 ATTORNEY FOR CHILD

10.2 NUMERALS, NUMBERS AND SYMBOLS

11.2 QUOTATION MARKS

12.1 GENDER NEUTRAL WRITING

12.2 HYPHENATED WORDS AND PHRASES

12.3 AVOIDANCE OF LATINISMS AND LEGALISMS

12.4 PERSONAL IDENTIFYING INFORMATION

12.5 DESCRIBING PERSONS WITH DISABILITIES

12.6 USING SUPRA AND INFRA

13.1 TITLES OF DECISIONS

13.2 PARAGRAPH AND SECTION HEADINGS

13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE

13.7 FOREIGN WORDS AND PHRASES

13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

14.1 ABBREVIATION SPACING

14.2 STATUTORY SPACING

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

1.1 ELEMENTS OF A CITATION

1.2 PLACEMENT OF CITATIONS

1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY

1.4 INTRODUCTORY SIGNALS

1.5 ELECTRONIC SOURCES IN GENERAL

2.2 NEW YORK COURT DECISIONS

(Matter of Lee v Chin, 1 Misc 3d 901[A], 2003 NY Slip Op 51455[U], *1-3 [Sup Ct, NY County 2003])

(Matter of Lee v Chin, 1 Misc 3d 901[A], 2003 NY Slip Op 51455[U], *1, *3 [Sup Ct, NY County 2003])

Subsequent short-form citation:

(Lee, 2003 NY Slip Op 51455[U], *7), not (Lee at *7)

Use of id. with a pinpoint star page is permitted to refer to an immediately preceding short-form abstracted case citation that contains only the Slip Opinion citation.

Unreported New York Slip Opinions without Published Abstracts

Unreported slip opinions not abstracted in the Miscellaneous Reports are cited as follows:

(Hwang v Cunningham, 2011 NY Slip Op 33038[U] [Sup Ct, Nassau County 2011])

Acceptable short-form pinpoint citations: (Hwang, 2011 NY Slip Op 33038[U], *2) or (Hwang at *2) or (id. at *2)

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 using citation naming conventions found in standard citation manuals and include 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)

(Paul v State of New York, Ct Cl, Mar. 14, 2008, Minarik, J., claim No. 109802, UID No. 2008-031-501)

(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 [Sur Ct, NY County 1986])

(People v Shulman, NYLJ, Apr. 2, 1999 at 35, col 6, at 36, col 1 [Suffolk County Ct 1999])

(Tryon v Westermann, NYLJ, Oct. 6, 2000 at 30, col 5 [Sup Ct, Nassau County 2000, Austin, J.])

(Matter of Miller, NYLJ, May 14, 1996 at 31, col 4, 1996 NYLJ LEXIS 7940, *1 [Sur Ct, Nassau County 1996])

For online version of the New York Law Journal:

(Matter of Parisi, NYLJ 1202538693000 [Sur Ct, Queens County 2011])

Pinpoint page reference:

(Matter of Parisi, NYLJ 1202538693000, *7 [Sur Ct, Queens County 2011])

(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 [Sup Ct, Gen Term, 1st Dept 1894])

not

(National Mahaiwe Bank v Hand, 80 Hun 584 [Sup Ct, Gen Term, 1st Dept 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:

(Greene v Fisher, 565 US —, —, 132 S Ct 38, 42-43 [2011])

(Greene v Fisher, 565 US —, —, 181 L Ed 2d 336, 339-340 [2011])

2.3 (b) Other Federal Courts

(1) Reported Federal Cases

Cite other federal court decisions as follows:

(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])

Include whatever optional information is desired:

(Jean v Collins, 221 F3d 656 [4th Cir 2000 en banc])

(2) Unreported Federal Cases

(Lonf v Apfel, 1 Fed Appx 326 [6th Cir 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, including online versions for jurisdictions that publish cases in electronic format only, followed by the parallel National Reporter System citation:

(Newbold v Arvidson, 105 Idaho 663, 672 P2d 231 [1983])

(State v Nichols, 2016-NMSC-001, 363 P3d 1187 [2015])

(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 Commn App 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 [Sup Ct 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])

If the only source is a website, supply additional information using section 2.4 (a) (3). Appendix 2 (D) contains a list of jurisdictions that have adopted a public domain citation.

2.4 OTHER SOURCES OF DECISIONS

2.4 (a) Electronic Case Citations

(1) Online Services

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. Provide the case name, citation, court, decision date and docket or index number. If the source is Westlaw or Lexis, and access to both is available, cite both services:

(Savitt v Vacco, 1998 WL 690939, *7, 1998 US Dist LEXIS 15582, *21-22 [ND NY, Sept. 28, 1998, No. 95-CV-1842 (RSP/DRH)])

(Beasley v Hub City Texas, L.P., 2003 WL 22254692, *2 n 3, 2003 Tex App LEXIS 8550, *5 n 3 [Sept. 29, 2003, No. 01-03-00287-CV])

(Fulton Bank, N.A. v UBS Sec., LLC, 2011 BL 286582 [ED Pa, Nov. 7, 2011, No. 10-Civ-01093]) [Bloomberg Law]

(2) Citing Tabular Cases

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 (2003)])

(United States v Hollingsworth, 81 F3d 171 [9th Cir 1996] [table; text at 1996 WL 138583, 1996 US App LEXIS 8610 (1996)])

Pinpoint page reference:

(1996 WL 138583, *3, 1996 US App LEXIS 8610, *9)

(3) Internet Material

Citation to decisions posted on the Internet is permitted where the material is not readily available in print. Provide the uniform resource locator (URL) precisely as it appears in the Internet browser; the case name or document title; the precise identifier, such as case citation or number; and the date of the decision, adding if applicable the date that the decision was updated or corrected. Add pinpoint citations, if any, after the precise identifier. The name of the author may be added if desired:

(Applications of a Child with a Disability [Board of Educ. of Kenmore-Tonawanda Union Free Sch. Dist.], https://www.sro.nysed.gov/decision/1996/96-055-96-066 [NY St Educ Dept, Off of St Review, Decision Nos. 96-55 & 96-66, Nov. 20, 1996, Eldridge, SRO, last accessed Dec. 3, 2021])

(Application of Red & White Ferries, Inc., http://docs.cpuc.ca.gov/PUBLISHED/FINAL_DECISION/3598.htm [Cal Pub Util Commn Decision No. D0011040 (Nov. 21, 2000, as corrected through Nov. 27, 2000)])

(Gilbow v Travis, 2009 Ark App 254 [Apr. 8, 2009], https://opinions.arcourts.gov/ark/courtofappeals/en/item/315565/index.do)

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 Dept of Social Servs Admin Directive 96 ADM-8 at 20)

(Dept of Corr Servs Directive No. 4911 § III-A-2)

(NY City Campaign Fin Bd Advisory Op No. 2007-2)

(NY City Dept of Bldgs Operations Policy and Procedure Notice No. 4/98)

(NY St Div of Hous & Community Renewal Advisory Op No. 92-1)

(NY St Dept of Taxation & Fin Advisory Op No. TSB-A-O6[2]M)

(34 NY PSC 1524 [Op No. 94-24])

(2000 NY PSC Op No. 96-12 at 31) [Note: online opinions]

(Ruling on Confidential Trade Secret Status of Testimony and Exhibits, NY PSC Case No. 02-C-1425 [Oct. 8, 2004]) [Note: online documents]

(36 Ed Dept Rep 508 [Decision No. 13,787]) [Note: decisions in volumes 1-49]

(51 Ed Dept Rep, Decision No. 16,256) [Note: decisions in volume 50 and above]

(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: online opinions]

(NY St Ins Dept 2002 Circular Letter No. 25, RE: Applicability, Guidelines and Procedures for Compliance with the Provisions of the Terrorism Risk Insurance Act of 2002; Guidelines for the Use of Limitations for Acts of Terrorism in Commercial Property/Casualty Policies)

(Dept of Corr & Community Supervision Directive No. 6922 § II)

(NY St Off of Children & Family Servs Admin Directive 11-OCFS-ADM-01)

(NY St Just Center for Protection of People with Special Needs Decision No. 2018-136 [Oct. 30, 2018, Devane, A.L.J.], https://www.justicecenter.ny.gov/system/files/documents/2019/09/2018-136.pdf)

Some suggested forms of commission and agency document citations in running text are as follows:

New York State Division of Housing and Community Renewal Advisory Opinion No. 92-1 provides . . .

2001 Opinions of the State Comptroller No. 2001-3 provides . . .

Supply case name information where applicable. For example:

(Matter of Freeport Union Free Sch. Dist. [Freeport Educ. Off. Assn.], 31 PERB ¶ 4021 [1998])

(Matter of Monroe County Civ. Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Monroe County Part-Time Empl. Unit, Local 828 [County of Monroe], 44 PERB ¶ 4576 [2011, Fitzgerald, ALJ]) [Note: Acceptable PERB administrative law judge opinion; use of the ALJ's name is optional]

(AmBase Corp. v Commissioner of Internal Revenue, TC Memo 2001-122 [2001])

(Matter of Kyte, 2012 WL 2992105, 2012 NY Tax LEXIS 64 [NY St Div of Tax Appeals DTA No. 824871, July 12, 2012])

(Employer: NYC Tr. Auth., 2002 WL 231989, *1, 2002 NY Wrk Comp LEXIS 87935, *3 [WCB No. 0975 4254, Feb. 7, 2002])

(2) Ethics Opinions

Cite as follows:

(11 Advisory Comm on Jud Ethics Op 91-68 [1991])

(Advisory Comm on Jud Ethics Op 06-82 [2006]) [Note: online 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])

(NY City Bar Assn Comm on Prof Ethics Formal Op 2011-2 [2011])

(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])

(Matter of Gomez, NY City Conflicts of Interest Bd Case No. 2012-095)

Some suggested forms of ethics opinions in running text are as follows:

New York State Bar Association Committee on Professional Ethics Opinion 656 (1993) provides . . .

New York City Bar Association Committee on Professional Ethics Formal Opinion 2011-2 (2011) provides . . .

3.0 STATUTES AND LEGISLATIVE MATERIALS

Contents of Section

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.1 (a) Statutory Abbreviation Style in General

3.1 (b) Statutory Citation Style

(1) Basic Citation Form

(2) Citation Strings and Multiple Statutory Citations

(3) Statutory Amendments, Additions and Renumbering

(4) Former Statutes

3.1 (c) Nonstatutory Material in Statutory Compilations

3.1 (d) Session Laws and Unconsolidated Laws

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

3.1 (f) Legislative and Other Materials

3.2 FEDERAL STATUTES AND LEGISLATIVE MATERIALS

3.2 (a) Federal Statutory Abbreviations

3.2 (b) Federal Statutory Citation Style

3.2 (c) Federal Legislative Materials

3.3 OUT-OF-STATE STATUTES

3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS

3.1 (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.

3.1 (b) Statutory Citation Style

Use the basic citation form below for the initial citation to a statute.

(1) Basic Citation Form

(a) Citations within Parentheses

Citations should appear within parentheses as follows:

(Penal Law art 80)

(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

Use the statute's terminology when specifying its divisions. For example, if the statute refers to its "subdivisions," "subsections," "paragraphs," "subparagraphs," etc., use that terminology. If the statute does not use any such terminology, use "subdivision," "paragraph," "subparagraph," "clause" in descending order.

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 . . .

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 . . .

Subdivision (1) of section 199 of the Town Law provides . . .

Subparagraph (iii) of CPLR 5602 (b) (2) provides . . .

Civil Practice Law and Rules § 5602 (b) (2) (iii) provides . . .

CPLR 5602 (b) (2) (iii) provides . . .

Title 1 of article 3 of the RPTL provides . . .

Under article 23, title 27 of the Environmental Conservation Law . . .

(c) Short-Form References

A short-form reference may be used for subsequent citations to the same statute. See section 1.3.

(§ 205.05)

(id. § 468-a)

Defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction. A 440.10 motion may be denied without a hearing when . . .

As stated in article 23, title 27 of the Environmental Conservation Law . . .

(2) Citation Strings and Multiple Statutory Citations

(a) Parallel Hierarchy

Citations within Parentheses

References to parts, subdivisions, paragraphs, subparagraphs, 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])

(Mental Hygiene Law § 9.27 [b] [1]-[10])

(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 . . .

Recovery under Labor Law § 200 or § 240 is conditioned upon . . .

Recovery under Labor Law §§ 200 and 240 is conditioned upon . . .

(b) Ascending Hierarchy

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])

(Vehicle and Traffic Law § 1193 [2] [b] [12]; [c] [1])

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, place two section symbols before the first section cited. 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-c, 220-d)

(Labor Law § 200; see also § 220-c) [Note: where only one section is cited before another cite to a different section of the same law preceded by a signal, include only one section symbol in the initial citation and include a section symbol after the signal]

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])

(CPLR 3211 [a] [7]; 3212; see also 1003)

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

Citations within Parentheses

Cite as follows:

(Abandoned Property Law § 103 [a], as amended by L 1944, ch 498)

Citations in Running Text

Cite as follows:

Abandoned Property Law § 103 (a) (as amended by L 1944, ch 498) provides . . .

(b) Statutory Addition and Amendment

Citations 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)

Citations 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

Citations within Parentheses

Cite as follows:

(UCCA 1812, as renum by L 1976, ch 156, § 8)

Citations in Running Text

Cite as follows:

UCCA 1812 (as renum by L 1976, ch 156, § 8) provides . . .

(4) Former Statutes

(a) Basic Form

Cite statutes referred to in a historical context as:

(former Penal Law § 210 [5] [a])

(Court of Claims Act former § 12-a, now § 8)

When cited in running text, interior brackets are changed to parentheses:

Former Penal Law § 210 (5) (a) provided . . .

(b) More Precise Form

When greater precision is desired, the following forms may be used:

Citations within Parentheses

(Judiciary Law former § 434)

(Judiciary Law § 434 [former (6)])

(Education Law § 2518 [1] [former (a)])

Citations in Running Text

RPTL former 306 stated . . .

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

(1) In General

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) Citations within Parentheses

Cite as follows:

(McKinney's Cons Laws of NY, Book 1, Statutes § 51)

(McKinney's Cons Laws of NY, Book 1, Statutes § 51; see § 74) [Note: where only one section is cited before another cite to a different section of the same authority preceded by a signal, include only one section symbol in the initial citation and include a section symbol after the signal]

(McKinney's Cons Laws of NY, Book 1, Statutes §§ 92, 94; see also 97) [Note: citation to an additional section following a signal where multiple sections are cited initially]

(McKinney's Cons Laws of NY, Book 62½, UCC 2-716, NY Annotations at 258 [2002 ed])

(McKinney's Cons Laws of NY, Book 2, Constitution, Constitutional Interpretation § 43 [1969 ed])

(McKinney's Cons Laws of NY, Book 1, Statutes § 94, Comment at 190 [1971 ed])

(Reviser's Notes, McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227] at 292 [1967 ed])

(David D. Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1)

(David D. Siegel, Practice Commentaries, McKinney's Cons Laws of NY, CPLR C3219:1) [Note: online version]

(see Margaret Valentine Turano, 2018 Supp Practice Commentaries, McKinney's Cons Laws of NY, EPTL 5-1.1-A) [Note: online version]

(Peter Preiser, 1985 Supp Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph at 203)

(Richard A. 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 [1999 ed])

(William C. Donnino, Practice Commentary, McKinney's Cons Laws of NY, 2005 Electronic Update, Penal Law § 250.45)

(Law Rev Commn Comments, reprinted in McKinney's Cons Laws of NY, Book 34A, Mental Hygiene Law § 81.10 at 130 [2006 ed])

(Brett S. Ward, Practice Insights, NY CLS, Book 44, Family Ct Act § 1051, 2008 Cum Supp at 224)

(Bruce A. Rich, Practice Commentaries, McKinney's Cons Laws of NY, 2011 Electronic Update, Limited Liability Company Law at part 3.8)

(Patrick M. Connors, 2013 Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3012-b, 2014 Pocket Part at 18)

(see Vincent C. Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 6501 at 464 [2010 ed])

(3) Citations in Running Text

Cite as follows:

McKinney's Consolidated Laws of NY, Book 1, Statutes § 51 provides . . .

According to Constitutional Interpretation § 43 (McKinney's Cons Laws of NY, Book 2, Constitution [1969 ed]) . . .

David D. Siegel, Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) explains . . .

David D. Siegel, Practice Commentaries (McKinney's Cons Laws of NY, CPLR C3219:1) explains . . . [Note: online version]

Peter 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 Richard A. 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 [1999 ed]) provide background . . .

According to the Reviser's Notes (McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227] at 292 [1967 ed]) . . .

As explained in Brett S. Ward, Practice Insights (NY CLS, Book 44, Family Ct Act § 1051, 2008 Cum Supp at 224) . . .

Law Revision Commission Comments (reprinted in McKinney's Cons Laws of NY, Book 34A, Mental Hygiene Law § 81.10 at 130 [2006 ed]) state . . .

According to Patrick M. Connors in his 2013 Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR 3012-b, 2014 Pocket Part at 18) . . .

Vincent C. Alexander (Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 6501 at 464 [2010 ed]) has indicated . . .

3.1 (d) Session Laws and Unconsolidated Laws

(1) In General

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) Citations within Parentheses

Cite as follows:

(L 1962, ch 21, as amended)

(L 2017, ch 59, § 1, part WWW)

(Housing Stability and Tenant Protection Act of 2019, L 2019, ch 36, § 1, part F, § 7)

(Abandoned Property Law § 103 [a], as amended by L 1944, ch 498)

(Nassau County Administrative Code § 5-14.0 [L 1939, chs 272, 701-709, as amended])

(McKinney's Uncons Laws of NY § 8605 [Local Emergency Housing Rent Control Act § 5, as added by L 1962, ch 21, § 1, as amended])

(CLS Uncons Laws of NY ch 249-A, § 1 [5] [Local Emergency Housing Rent Control Act § 5, 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])

(McKinney's Uncons Laws of NY § 6266 [3] [Urban Development Corporation Act (UDCA) § 16 (3), as added by L 1968, ch 174, § 1, as amended])

Subsequent citation:

(Uncons Laws § 6266 [3] [UDCA § 16 (3)]) or (UDCA § 16 [3]) or (Uncons Laws § 6266 [3])

(Emergency Tenant Protection Act of 1974 [ETPA] § 5 [McKinney's Uncons Laws of NY § 8625 (L 1974, ch 576, sec 4, § 5, as amended)])

Subsequent citation:

(ETPA § 5 [Uncons Laws § 8625]) or (ETPA § 5) or (Uncons Laws § 8625)

(3) Citations in Running Text

Cite as follows:

Laws of 1962 (ch 21, as amended) or chapter 21 of the Laws of 1962 (as amended)

Laws of 2017, chapter 59, § 1, part WWW

Section 7 of part F of the Housing Stability and Tenant Protection Act of 2019 (L 2019, ch 36, § 1, part F, § 7)

Abandoned Property Law § 103 (a) (as amended by L 1944, ch 498)

Nassau County Administrative Code § 5-14.0 (L 1939, chs 272, 701-709, as amended)

McKinney's Unconsolidated Laws of NY § 8605 (Local Emergency Housing Rent Control Act § 5, as added by L 1962, ch 21, § 1, as amended)

Consolidated Laws Service Unconsolidated Laws of NY chapter 249-A, § 1 (5) (Local Emergency Housing Rent Control Act § 5, 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)

McKinney's Unconsolidated Laws of NY § 6266 (3) (Urban Development Corporation Act [UDCA] § 16 [3], as added by L 1968, ch 174, § 1, as amended)

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 ULA [part 1A] 20 [1999])

(Uniform Parentage Act [2000] § 101, ULA Parentage § 101 [2008]) [Note: online version]

(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)

(1994 Rep of NY Law Rev Commn at 27)

(1995 Rep of Advisory Comm on Crim Law and Pro at 43)

(Harmonizing Inconsistent Distributions, 2006 Rep of Sur Ct Advisory Comm at 25)

(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)

(Interim Rep of Temp St Commn on Rev of Penal Law and Crim Code, 1962 NY Legis Doc No. 41 at 8)

(1968 Study Bill and Commn Rep of Temp Commn on Rev of Penal Law and Crim Code, Introductory Comments at xviii)

(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)

(Problems Relating to Bill of Rights and General Welfare, 1938 Rep of NY Constitutional Convention Comm, vol 6 at 12)

(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's 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 St Bar Assn, Trusts and Estates Section, Comm on Estate Planning Mem in Support, Bill Jacket, L 1992, ch 591 at 16)

(NY Reg, Sept. 28, 1994 at 37-41)

(City Rec, June 30, 1986 at 1700)

(Executive Order [Pataki] No. 39 [9 NYCRR 5.39])

(Executive Order [A. Cuomo] No. 202.28 [9 NYCRR 8.202.28]) [Note: use first initial where multiple Governors have the same last name]

(NY City Executive Order [de Blasio] No. 39) [Note: orders numbered from the beginning of the Mayor's term rather than by year]

(NY City Executive Order No. 52 of 1967 § 5 [a] [2])

(NY Senate Debate on Senate Bill S2850, Mar. 6, 1995 at 1912)

(NY Senate Actions on 2019-2020 NY Senate Bill S2071-B)

(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])

(Proposed Legislation to amend Domestic Relations Law ["DRL"] § 117 and Estates, Powers and Trusts Law ["EPTL"] §§ 2-1.3 and 3-3.3, Veto Jacket, Veto 106 of 1984 at 50)

(L 2002, ch 11, Governor's Program Bill Mem No. 102, 2002 NY Legis Ann at 7)

(Rep of Comm on Gen Welfare, 2005 NY City Legis Ann at 536)

(Dept of Audit and Control Mem in Opposition, Bill Jacket, L 1967, ch 193)

(Admin Order of Chief Admin Judge of Cts AO/245/08)

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

(1) In General

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) Citations 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])

(Pub L 106-74, tit V, § 531, 113 US Stat 1109, amending Multifamily Assisted Housing Reform and Affordability Act of 1997 § 524 [42 USC § 1437f Note])

(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) Citations 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

This principle is contained in title VII of the Civil Rights Act of 1964 (42 USC, ch 21, § 2000e et seq.) . . .

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)

(S Rep 86-658, 86th Cong, 1st Sess, reprinted in 1959 US Code Cong & Admin News at 2548)

(151 Cong Rec H3052-01 [May 5, 2005])

(Rep of Senate Judiciary Commn at 4, S Rep 103-361, 103rd Cong, 2d Sess, reprinted in 1994 US Code Cong & Admin News at 3259, 3260)

(HR Rep No. 103-392, 103rd Cong, 1st Sess, republished at 1993 WL 484758)

When citing in running text, convert interior brackets to parentheses.

3.3 OUT-OF-STATE STATUTES

3.3 (a) Generally

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. Citation to either the annotated or unannotated compilation is acceptable.

3.3 (b) Citations within Parentheses

Cite as follows:

(Fla Stat § 733.710)

(Cal Penal Code § 1324.1)

(Tex Fam Code Ann § 102.003 [a] [9])

3.3 (c) Citations in Running Text

Cite as follows:

Florida Statutes § 733.710

California Penal Code § 1324.1

Texas Family Code Annotated § 102.003 (a) (9)

4.0 REGULATIONS, COURT RULES, JURY INSTRUCTIONS, COLLOQUIES AND NEW YORK EVIDENCE GUIDE

Contents of Section

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS, COLLOQUIES AND NEW YORK EVIDENCE GUIDE

4.1 (a) Basic Citation Form

4.1 (b) Particular Rules and Regulations

(1) Rules of the City of New York

(2) Rules of the Court of Appeals

(3) Rules of the Appellate Division

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

(5) Rules of the Chief Administrator of the Courts

(6) Rules of Professional Conduct, Rules for Attorney Disciplinary Matters, 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) International Property Maintenance Code and International Fire Code

(10) New York City Building Code

(11) New York State Agency Regulations

4.1 (c) Pattern Jury and Criminal Jury Instructions

(1) Pattern Jury Instructions

(2) Criminal Jury Instructions

4.1 (d) Model Colloquies

4.1 (e) Guide to New York Evidence

4.2 FEDERAL RULES AND REGULATIONS

4.2 (a) Basic Citation Form

4.2 (b) Particular Rules and Regulations

(1) Federal Rules of Civil Procedure

(2) Federal Rules of Criminal Procedure

(3) Federal Rules of Evidence

(4) Federal Rules of Bankruptcy Procedure

(5) Federal Rules of Appellate Procedures

(6) Local Rules of the United States Court of Appeals

4.1 NEW YORK RULES, REGULATIONS, INSTRUCTIONS, COLLOQUIES AND NEW YORK EVIDENCE GUIDE

4.1 (a) Basic Citation Form

(1) Citations 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)
Subchapter	(12 NYCRR ch I, subch A)
Part	(12 NYCRR part 39)
Subpart	(12 NYCRR subpart 23-1)
Section	(12 NYCRR 39.8) (12 NYCRR 23-1.7)
Subdivision	(12 NYCRR 39.8 [c])
Subdivision and paragraph	(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)
Range of sections	(12 NYCRR 39.1-39.5) (6 NYCRR 248-1.1–248-11.1) [Note: use en dash between hyphenated section numbers]

(2) Citations in Running Text

When cited in running text, interior brackets are changed to parentheses as follows:

12 NYCRR 23-1.7 (b) (1)

(3) Using Name of State Agency

To incorporate the name of a specific agency in the citation, see section 4.1 (b) (11).

4.1 (b) Particular Rules and Regulations

Subsequent citations to particular rules that include a parallel reference to the NYCRR, Administrative Code of the City of New York or RCNY in the initial full citation need not include both sources.

Examples:

First citation: (Uniform Rules for Trial Cts [22 NYCRR] § 202.5)

Acceptable subsequent citations: (Uniform Rules for Trial Cts § 202.5) or (22 NYCRR 202.5)

First citation: Rent Stabilization Law of 1969 (RSL) (Administrative Code of City of NY) § 26-516 . . . [Note: use of a short-form name or abbreviation for a rule (e.g. RSL) is appropriate if included with the first full citation as here; however, use of abbreviations or short forms is not required]

Acceptable subsequent citations: RSL § 26-516 . . . or Rent Stabilization Law of 1969 § 26-516 . . . or Administrative Code of City of NY § 26-516 . . .

(1) Rules of the City of New York

(a) Citations 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) Citations 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

(2) Rules of the Court of Appeals

(a) Citations within Parentheses

Cite as follows:

(Rules of Ct of Appeals [22 NYCRR] § 500.11)

(b) Citations in Running Text

Cite as follows:

Rules of the Court of Appeals (22 NYCRR) § 500.11

(3) Rules of the Appellate Division

(a) Citations within Parentheses

Cite as follows:

(Rules of App Div, 2d Dept [22 NYCRR] § 670.3)

(Rules of App Div, All Depts [22 NYCRR] § 1215.1)

(b) Citations in Running Text

Cite as follows:

Rules of the Appellate Division, Second Department (22 NYCRR) § 670.3

Rules of the Appellate Division, All Departments (22 NYCRR) § 1215.1

Pursuant to section 670.3 of the Rules of the Appellate Division, Second Department (22 NYCRR) . . .

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

(a) Citations within Parentheses

Cite as follows:

(Uniform Rules for Trial Cts [22 NYCRR] § 202.5)

(b) Citations in Running Text

Cite as follows:

Uniform Rules for Trial Courts (22 NYCRR) § 202.5

(c) Particular Uniform Rules

Citations within Parentheses

Cite as follows:

(Uniform Rules for Sur Ct [22 NYCRR] § 207.6)

Citations in Running Text

Cite as follows:

Uniform Rules for Surrogate's Court (22 NYCRR) § 207.6

(5) Rules of the Chief Administrator of the Courts

(a) Citations within Parentheses

Cite as follows:

(Rules of Chief Admin of Cts [22 NYCRR] § 130-1.1)

(b) Citations in Running Text

Cite as follows:

Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1

(6) Rules of Professional Conduct, Rules for Attorney Disciplinary Matters, Code of Professional Responsibility, Rules Governing Judicial Conduct and Code of Judicial Conduct

(a) Generally

Effective April 1, 2009, the Rules of Professional Conduct (22 NYCRR 1200.0) replaced the Code of Professional Responsibility as the governing rules for attorney conduct in New York. Matters occurring before April 1, 2009, are governed by the Code of Professional Responsibility and should cite that code and include references to both the Disciplinary Rule and its companion NYCRR provision.

(b) Citations within Parentheses

Cite as follows:

(Rules of Professional Conduct [22 NYCRR 1200.0] rules 1.2 [d]; 3.4 [a] [6]; 8.4 [c], [d], [h])

(Rules of Professional Conduct [22 NYCRR 1200.0] rules 1.1 Comment [2]; 1.8 Comment [8] [NY St Bar Assn rev June 2018]) [Note: citation to rules and commentary]

(NY Rules of Professional Conduct with Commentary, Preamble [1] [NY St Bar Assn rev June 2018]) [Note: citation to commentary only]

(NY Rules of Professional Conduct with Commentary rule 2.4 Comment [2] [NY St Bar Assn rev June 2018]) [Note: citation to commentary only]

(Rules of Professional Conduct rule 1.8) [Note: subsequent citation to rules]

(ABA Standards for Imposing Lawyer Sanctions standard 9.22 [i])

(ABA Annotated Standards for Imposing Lawyer Sanctions standard 9.22 [i], Annotation at 442 [2015])

(ABA Standards for Imposing Lawyer Sanctions standard 9.22 [i], Commentary [1992])

(Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.1)

(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) Citations in Running Text

Cite as follows:

Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.4 (a) (3)

rule 1.4 (a) (3) of the Rules of Professional Conduct (22 NYCRR 1200.0)

Comment (8) of Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.8 (NY St Bar Assn rev June 2018)

Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.1

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) Citations within Parentheses

Cite as follows:

(Emergency Housing Rent Control Law § —, as added by L 1946, ch 274)

(Emergency Tenant Protection Act of 1974 [ETPA] § — [McKinney's Uncons Laws of NY § —] [L 1974, ch 576, sec 4, § —, as amended])

(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 St Rent and Eviction Regulations [9 NYCRR] § —)

(Rent Stabilization Code [9 NYCRR] § —)

Subsequent citation without NYCRR: (Rent Stabilization Code § —)

(Rent Stabilization Law of 1969 [Administrative Code of City of NY] § —)

(b) Citations 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) Citations within Parentheses

Cite as follows:

(Building Code of NY St § 101.4.1 [2002])

(b) Citations in Running Text

Cite as follows:

Building Code of New York State § 101.4.1 (2002)

(9) International Property Maintenance Code and International Fire Code

(a) Citations within Parentheses

Cite as follows:

(International Property Maintenance Code § 301.1 [2015])

(International Fire Code § 5102.1 [2015])

(b) Citations in Running Text

Cite as follows:

International Property Maintenance Code § 301.1 (2015)

International Fire Code § 5102.1 (2015)

(10) New York City Building Code

(a) Citations within Parentheses

Cite as follows:

(NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] § BC 105.6.1)

(1968 Building Code of City of NY [Administrative Code of City of NY] § 27-232)

(b) Citations in Running Text

Cite as follows:

New York City Building Code (Administrative Code of City of NY, tit 28, ch 7) § BC 105.6.1

1968 Building Code of City of New York (Administrative Code of City of NY) § 27-232

While subsequent short-form references to the 1968 Building Code can be cited using either Administrative Code or 1968 Building Code alone with the section number, short-form references to the current New York City Building Code should not be cited with only Administrative Code and the section number.

Examples:

First citation: (1968 Building Code of City of NY [Administrative Code of City of NY] § 27-232)

Acceptable subsequent citations: (1968 Building Code § 27-232) or (Administrative Code § 27-232)

First citation: (NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] § BC 105.6.1)

Acceptable subsequent citation: (NY City Building Code § BC 105.6.1)

NOT: (Administrative Code § BC 105.6.1)

(11) New York State Agency Regulations

(a) Citations within Parentheses

Cite as follows:

(Department of Health Regulations [10 NYCRR] § 59.2)

(Department of Financial Services Regulations [11 NYCRR] § 65-1.1)

(11 NYCRR 60-2.3 [f] [INSURING AGREEMENTS] [I] [c])

(b) Citations in Running Text

Cite as follows:

Department of Health Regulations (10 NYCRR) § 59.2

Department of Financial Services Regulations (11 NYCRR) § 65-1.1

11 NYCRR 60-2.3 (f) (INSURING AGREEMENTS) (I) (c)

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])

(1B NY PJI3d 2:150 at 841-843 [2010])

(NY PJI 2:225, Comment, Caveat 2) [Note: online treatise]

(2 NY PJI2d 3:45 at 425 [2009])

Citation to requests to charge:

(1A NY PJI3d, General Principles—Requests to Charge at 9 [2016])

In running text, convert internal brackets to parentheses.

(2) Criminal Jury Instructions

Citation to online 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)

(CJI2d[NY] Statements [Admissions, Confessions]—Custodial Statements)

Citation to charge and endnote:

(CJI2d[NY] Accessorial Liability n 8)

Citation including revision date:

(CJI2d[NY] Accessorial Liability [last rev July 29, 2002])

(CJI2d[NY] Accessorial Liability [as rev July 29, 2002]) [Note: to emphasize specific revision]

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)

(CJI2d[NY] Defense, Justification: Use of Deadly Physical Force in Defense of a Person) [Note: replaces Penal Law § 35.15]

In running text, convert internal brackets to parentheses.

4.1 (d) Model Colloquies

Model colloquy scripts prepared by the Unified Court System Committee for Criminal Jury Instructions and Model Colloquies are cited as follows.

Citations within parentheses:

(NY Model Colloquies, Bail Admonitions)

Citations in running text:

New York Model Colloquies, Bail Admonitions states . . .

4.2 FEDERAL RULES AND REGULATIONS

5.1 GENERAL RULE

Cite English language constitutions by country or state.

5.3 HISTORICAL CONSTITUTIONAL MATERIAL

Cite historical constitutional material as follows:

6.1 GENERAL RULE

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

7.1 GENERAL RULES

7.2 PERIODICALS, NEWSPAPERS AND BOOKS

7.4 DICTIONARIES AND ENCYCLOPEDIAS

(Black's Law Dictionary 712 [11th ed 2019])

(Black's Law Dictionary [11th ed 2019], mens rea) [Note: online version]

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

(12 NY Jur 2d, Buildings, Zoning, and Land Controls § 60)

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

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

(1A CJS, Actions § 75)

(10A Carmody-Wait 2d § 70:461 at 448)

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

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

7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS

7.6 RESTATEMENTS

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

(Restatement [Second] of Agency § 20)

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

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

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

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

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

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

7.7 LEGAL DOCUMENTS

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

Affidavit: (aff of defendant at 6); (Marshall aff para 12)

Affirmation: (affirmation of defendant's counsel at 3); (Kelly affirmation, exhibit 7, David Gold deposition tr at 120); (affirmation of plaintiff's counsel in support of cross mot, exhibit A); (affirmation of counsel for defendant Smith in opp to mot ¶ 9); (affirmation of Jane Baker in support of defendant's mot to vacate, exhibit H at 4)

Affidavit as exhibit to affirmation: (affirmation of defendant's counsel, exhibit D, aff of John Smith ¶ 14)

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

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

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

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

New York State Courts Electronic Filing Documents (Same case as that which is subject of decision):

(NY St Cts Elec Filing [NYSCEF] Doc No. 548 at 12, 13)

(NY St Cts Elec Filing [NYSCEF] Doc No. 548, complaint)

(NY St Cts Elec Filing [NYSCEF] Doc No. 548, complaint at 15)

Subsequent short-form citation:

(NYSCEF Doc No. 548, complaint)

(NYSCEF Doc No. 548 at 14)

New York State Courts Electronic Filing Documents (Different case than that which is subject of decision):

(NY St Cts Elec Filing [NYSCEF] Doc No. 13, protective order, in McMahon v New York Organ Donor Network, Inc., Sup Ct, NY County, index No. 156669/2012)

Subsequent short-form citation:

(NYSCEF Doc No. 13, protective order, in McMahon)

7.8 MANUALS, HANDBOOKS, GUIDELINES AND REPORTS

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

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

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

(National Arbitration Forum Code of Procedure rule 5)

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

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

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

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

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

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

(Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, risk factor 8 [Nov. 1997] or [2006]) [Note: unpaginated Risk Factor Guidelines]

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

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

(New York Manual for Workers Compensation & Employers Liability Insurance [2008], Administrative Rules and Procedures [A] at P-1 [issued Mar. 13, 2013])

(New York Manual for Workers Compensation & Employers Liability Insurance [2008], Rule V [B] [1] at R-29 [issued Oct. 1, 2008])

(New York Manual for Workers Compensation & Employers Liability Insurance [2008], Classifications [BUILDING OPERATION—COMMERCIAL] at C-15 [eff Oct. 1, 2012])

(New York Manual for Workers Compensation & Employers Liability Insurance [2008], Rulings and Interpretations § I [K] [3] at D-8 [issued Oct. 1, 2008])

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

(New York Law Reports Style Manual § 1.2 [e] [2017])

(New York Law Reports Style Manual § 4.1 [d] [2012 & 2015 Cum Electronic Update], http://www.nycourts.gov/reporter/New_Styman.htm) [Note: online version]

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

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

(Gary Shaw, Canudo on Evidence Laws of New York [OverDrive ed 2016])

8.1 GENERAL RULES OF TITLE FORMULATION

8.2 COMMON TITLE STYLES

8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS

8.4 PERSONAL IDENTIFYING INFORMATION

9.1 GENERAL STYLE

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

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

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

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

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

Law Offices of John Smith, Albany, for plaintiff.

Law Offices of John Smith, Albany (Albert James of counsel) and New York City (Alice Hastings of counsel), for plaintiff.

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

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

Attorney or Firm Representing Multiple Parties

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

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

9.2 AMICUS CURIAE

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

Do not use "as" before amicus curiae.

9.3 APPEARANCES ON OWN BEHALF

9.4 APPEARING SPECIALLY

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

9.5 NAME AND TITLE OF PUBLIC OFFICIALS

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

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

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

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

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

9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE

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

9.7 OUT-OF-STATE ATTORNEY

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

9.8 ATTORNEY APPEARING AS COURT EVALUATOR

Mental Hygiene Legal Service, Poughkeepsie (Laura Burns of counsel), Court Evaluator.

James White, New Paltz, Court Evaluator.

9.9 ATTORNEY FOR CHILD

Lawyers for Children, Inc., New York City (Brenda Soloff of counsel), Attorney for the Child.

Frederic P. Schneider, New York City, Attorney for the Children.

10.1 CAPITALIZATION

10.2 NUMERALS, NUMBERS AND SYMBOLS

10.3 DATES AND TIME

11.2 QUOTATION MARKS

12.1 GENDER NEUTRAL WRITING

12.2 HYPHENATED WORDS AND PHRASES

12.3 AVOIDANCE OF LATINISMS AND LEGALISMS

12.4 PERSONAL IDENTIFYING INFORMATION

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

12.4 (a) Personal Names

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

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

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

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

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

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

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

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

12.4 (b) Numerical Identifiers

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

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

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

12.4 (c) Other Identifying Information

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

12.4 (d) Consistent Application of Omissions and Redactions

Omissions and redactions should be applied consistently within a decision and to all subsequent decisions in the same action or proceeding, whether they issue out of the trial court or appellate courts. When the name of a party is redacted in the title of a decision, the names of family members sharing the party's surname should also be redacted.

12.4 (e) Mandatory Redaction in Matrimonial Decisions for Publication

Uniform Rules for Trial Courts (22 NYCRR) § 202.16 (m) requires omission or redaction of certain confidential personal information from matrimonial decisions submitted for publication, whether or not a sealing order is or has been sought. That confidential information includes: individual or entity taxpayer identification numbers or any financial account numbers, except the last four digits; the actual home address of parties and their children; the full name of an individual known to be under the age of 18 or of either party in cases containing allegations of domestic violence, neglect, abuse, juvenile delinquency or mental health issues; and any individual's birth date, except year of birth. The most recent version of section 202.16 (m) should be reviewed and required redactions made prior to submitting any matrimonial decision for publication.

While redaction of the adult parties' names is not required in all instances, it is strongly encouraged when inclusion of the parents' full names will likely reveal the identities of minor children whose names are required to be redacted in all published matrimonial decisions.

12.4 (f) Other Considerations

Many statutes and rules address privacy without reference to publication. Cases involving the Civil Rights Law, Criminal Procedure Law, Family Court Act, Domestic Relations Law, Mental Hygiene Law, Public Health Law and Social Services Law, as well as specialized acts like HIPAA, the Child Victims Act and the Red Flag Law, should be reviewed carefully before submission for publication. In addition, even where confidentiality is not required, resolution of the issue in dispute may affect an individual's right to privacy, such a where a party requests youthful offender status, a statute requires the sealing of a defendant's record after conviction, or a sex offender challenges their risk level. A nonparty's right to privacy should also be considered, such as where a complainant or witness is a victim of domestic violence or stalking. Special consideration should be given in these—and other—cases to whether an individual's name, address, or other identifying information should be redacted for publication purposes, in the discretion of the judge. Note that this standard may differ from what is required for an anonymous caption or sealing purposes (see e.g. 22 NYCRR 216.1).

12.5 DESCRIBING PERSONS WITH DISABILITIES

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

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

12.6 USING SUPRA AND INFRA

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

For example:

(See n 12, infra)

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

(See Summary Judgment Standard, supra at 5)

PART III: TYPOGRAPHY AND SPACING

13.0 TYPOGRAPHY

Contents of Section

13.1 TITLES OF DECISIONS

13.2 PARAGRAPH AND SECTION HEADINGS

13.3 TABLES

13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE

13.5 SMALL CAPITALS

13.6 ADDED EMPHASIS

13.7 FOREIGN WORDS AND PHRASES

13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

13.1 TITLES OF DECISIONS

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

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

13.2 PARAGRAPH AND SECTION HEADINGS

Main headings and their component subheadings may comprise phrases or sentences. Capitalize words appearing in phrases with preference to an uppercase style; lowercase articles, short conjunctions and prepositions. Underscore the heading; do not use small capitals. Capitalize words appearing in sentences in accordance with section 10.1 (a). For example:

Background Information and Procedural History

Plaintiff's Motion for Summary Judgment

The Parties' Contentions and the Law

Defendant's motion to suppress his statements to the police is granted.

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 to clarify the hierarchy of main headings and subheadings.

13.3 TABLES

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

13.4 JUDGE NAME IN OPINION OPENING AND VOTE LINE

The names 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 DiFiore.

13.5 SMALL CAPITALS

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

13.6 ADDED EMPHASIS

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

13.7 FOREIGN WORDS AND PHRASES

See the word list at Appendix 5. If not on the list, italicize foreign words and phrases only if they are italicized in Black's Law Dictionary (11th ed 2019).

13.8 NAMES OF NEWSPAPERS, MAGAZINES, BOOKS, ETC.

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

New York Times

Saturday Review of Literature

New York Law Journal

Black's Law Dictionary

Newsweek

To Kill a Mockingbird

14.0 SPACING

Contents of Section

14.1 ABBREVIATION SPACING

14.2 STATUTORY SPACING

14.1 ABBREVIATION SPACING

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

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

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

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

14.2 STATUTORY SPACING

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

(Town Law § 199[1][a];[4])

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

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.
Administrat[ion, ive]	Admin.
Administrat[or, rix]	Adm'[r, x]
Advertise, Advertising	Adv.
Agricult[ural, ure]	Agric.
Air Conditioning	A.C.
Aktiengesellschaft	AG.
America[n]	Am.
And	&
Apartment	Apt.
Article	Art.
Associate[s]	Assoc.
Association	Assn.
Assurance	Assur.
Atlantic	Atl.
Authority	Auth.
Automobile, Automotive	Auto.
Avenue	Ave.
Besloten Vennootschap	B.V.
Board	Bd.
Boulevard	Blvd.
British	Br.
Brotherhood	Bhd.
Brothers	Bros.
Builder	Bldr.
Building	Bldg.
Bureau	Bur.
Business	Bus.
Canada, Canadian	Can.
Casualty	Cas.
Center, Centre	Ctr.
Central	Cent.
Chapter	Ch.
Chemical	Chem.
Civil	Civ.
College, Collegiate	Coll.
Commission	Commn.
Commissioner	Commr.
Committee	Comm.
Compagnie	Cie.
Compania	Cia.
Company	Co.
Congregational	Cong.
Consolidated	Consol.
Construction	Constr.
Continental	Cont.
Contract[ing, ual, or]	Contr.
Cooperative	Coop.
Co-operative	Co-op.
Corporation	Corp.
Correction[s, al]	Corr.
County	Do not abbreviate
Court	Ct.
Creek	Cr.
Debenture	Deb.
Department[al]	Dept.
Development[al], Developer	Dev.
Distribut[ing, ion, or]	Distrib.
District	Dist.
Division	Div.
Domestic	Dom.
Drive	Dr.
East[ern]	E.
Education[al]	Educ.
Electric[al, ity], Electronic	Elec.
Elevat[ed, or]	El.
Employ[ee, er, ment]	Empl.
Engineer	Engr.
Engineering	Eng'g
Enterprise	Enter.
Environment	Envt.
Environmental	Envtl.
Equipment	Equip.
Equitable	Equit.
European	Eur.
Exchange	Exch.
Executive	Exec.
Execut[or, rix]	Ex'[r, x]
Federal	Fed.
Federation	Fedn.
Fidelity	Fid.
Financ[e, ial, ing]	Fin.
Foundation	Found.
Freight	Frgt.
General	Gen.
Gesellschaft mit beschränkter Haftung	GmbH
Government	Govt.
Guarantee, Guaranty	Guar.
Heights	Hgts.
Highway	Hwy.
Honorable	Do not abbreviate
Horticult[ural, ure]	Hort.
Hospital	Hosp.
Housing	Hous.
Incorporated	Inc.
Indemni[ty, fication]	Indem.
Independent	Ind.
Industr[y, ies, ial, ials]	Indus.
Information	Info.
Institut[e, ion, ional]	Inst.
Insurance	Ins.
International	Intl.
Invest[or, ment, ing]	Inv.
Island[s]	Is.
Judicial	Jud.
Junction	Junc.
Junior	Jr.
Kommanditgesellschaft auf Aktien	KGaA
Laboratory	Lab.
Liability	Liab.
Library	Lib.
Lighting	Light.
Limited	Ltd.
Limited Liability Company	L.L.C. or LLC [as used by party]
Limited Liability Partnership	L.L.P. or LLP [as used by party]
Limited Partnership	L.P. or LP [as used by party]
Liquor	Liq.
Litigation	Litig.
Lumber	Lbr.
Machine[ry]	Mach.
Magazine	Mag.
Management	Mgt.
Manager	Mgr.
Manufacturer	Mfr.
Manufacturing	Mfg.
Marine, Maritime, Marina	Mar.
Market	Mkt.
Marketing	Mktg.
Mechanic, Mechanical	Mech.
Medical	Med.
Meeting	Mtg.
Memorial	Mem.
Merchandise	Mdse.
Methodist Episcopal	M.E.
Methodist Reformed	M.R.
Metropolitan	Metro.
Mineral, Mining	Min.
Mortgage	Mtge.
Mountain	Mtn.
Municipal	Mun.
Mutual	Mut.
Naamloze Vennootschap	N.V.
National	Natl.
National Association	N.A.
Naval, Navigation	Nav.
North[ern]	N.
Number	No.
Office	Off.
Optical, Optician	Opt.
Orchestra	Orch.
Organi[z,s]ation, Organi[z,s]ing	Org.
Pacific	Pac.
Pharmaceutical, Pharmacy	Pharm.
Philadelphia	Phila.
Presbyterian	Presbyt.
Preservation	Preserv.
Printing	Print.
Product[ion]	Prod.
Professional Corporation	PC or P.C. [as used by party]
Property	Prop.
Protestant	Prot.
Public	Pub.
Public Limited Company	plc
Publication, Publishing, Publisher, Published	Publ.
Purchasing	Purch.
Railroad	R.R.
Railway	Ry.
Rapid Transit	R.T.
Recording	Rec.
Refining	Ref.
Reformed	Refm.
Refrigerat[ing, ion]	Refrig.
Reinsurance	Reins.
Restaurant	Rest.
River	Riv.
Road	Rd.
Roman Catholic	R.C.
Route	Rte.
Saint	St.
Savings	Sav.
School	Sch.
Securit[y, ies]	Sec.
Service	Serv.
Sociedad Anónima, Societá in accomandita per azioni, Société Anonyme	S.A.
Societá per Azioni	S.p.A.
Société á Responsabilité Limitée	S.A.R.L.
Society	Socy.
South[ern]	S.
Square	Sq.
Standard	Std.
Station	Sta.
Steamship[s]	S.S.
Storage	Stor.
Street	St.
Superintendent	Supt.
Surety	Sur.
System[s]	Sys.
Techn[ical, ology, ologies]	Tech.
Tele[gram, graph, phone, vision]	Tel.
Telecommunication[s]	Telecom.
Terminal	Term.
Theatrical	Theat.
Theological	Theol.
Title	Tit.
Township	Twp.
Transit	Tr.
Transport[ation]	Transp.
Treasurer	Treas.
Tribunal	Trib.
Unitarian	Unit.
University	Univ.
Utilit[y, ies]	Util.
Valley	Val.
Vehicle	Veh.
Vicinity	Vic.
Village	Vil.
West[ern]	W.

APPENDIX 2

ABBREVIATION OF CASE LAW REPORTS

Contents

A. New York

B. Federal

C. Other Reports

D. Public Domain Citation

A. NEW YORK

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

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

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

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

E and F

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

G and H

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

I and J

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

K and L

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

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

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

O and P

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

Q and R

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

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

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

U, V and W

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

X, Y and Z

Yates' Select Cases

Yates' Sel Cas

B. FEDERAL

Bankruptcy Reporter

Federal Appendix

Fed Appx

Federal Cases

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

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

Fed Cl

Federal Reporter Series

F, F2d, F3d

Federal Rules Decisions

FRD

Federal Supplement Series

F Supp, F Supp 2d, F Supp 3d

Interstate Commerce Commission Reports

ICC

Motor Carrier Cases, Interstate
Commerce Commission Reports

MCC

Supreme Court Reporter

S Ct

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

Cl Ct

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

Ct Cl

US Law Week

USLW

US Reports (beginning with 91 US)

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

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

US Supreme Court Reporter

S Ct

US Supreme Court Reports, Lawyers' Edition

L Ed, L Ed 2d

US Tax Court

C. OTHER REPORTS

A and B

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

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

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

E and F

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

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

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

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

J and K

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

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

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

Nebraska Appellate Reports [1992-date]	Neb App
Nebraska Reports [1860-date]	Neb
Nevada Reports [1865-date]	Nev
New Hampshire Reports [1816-date]	NH
New Jersey Reports [1948-date]	NJ
New Jersey Superior Court Reports [1948-date]	NJ Super
New Jersey Tax Court Reports [1979-date]	NJ Tax
New Mexico Reports [1852-2012]	NM
North Carolina Reports [1868-date]	NC
North Carolina Court of Appeals Reports [1968-date]	NC App
North Dakota Reports [1890-1953]	ND
Northeastern Reporter	NE, NE2d

Northwestern Reporter	NW, NW2d

Ohio Appellate Reports [1913-date]	Ohio App, Ohio App 2d, Ohio App 3d
Ohio Miscellaneous Reports [1965-2012]	Ohio Misc, Ohio Misc 2d
Ohio Opinions [1934-1982]	Ohio Op, Ohio Op 2d, Ohio Op 3d
Ohio State Reports [1852-date]	Ohio St, Ohio St 2d, Ohio St 3d
Oklahoma Reports [1890-1953]	Okla
Oregon Reports [1853-date]	Or
Oregon Court of Appeals Reports [1969-date]	Or App

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

Q and R

Rhode Island Reports [1828-1980]

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

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

Utah Reports [1851-1974]

Utah, Utah 2d

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

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

W, X, Y and Z

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

D. PUBLIC DOMAIN CITATION

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

Arkansas [2009-date]	2009 Ark 12 2009 Ark App 318
Colorado [2012-date]	2012 CO 22 2012 COA 35
Illinois [2011-date]	2011 IL 102345 2011 IL App (1st) 101234 2011 IL App (1st) 101234WC
Louisiana [1994-date]	93-2345 (La [add date]) 93-2345 (La App 1 Cir [add date])
Maine [1997-date]	1997 ME 7
Mississippi [1997-date]	2010-CA-01084-SCT (Miss 2012) 2010-CA-00400-COA (Miss Ct App 2012)
Montana [1998-date]	1998 MT 1 1998 MT 1N [opinions not to be cited as precedent] 1998 MT 1W [opinions withdrawn or vacated] 1998 MT 1A [opinions amended]
New Mexico [1852-date]	2011-NMSC-028 2003-NMCA-064
North Dakota [1997-date]	1997 ND 231 1998 ND App 2
Ohio [2002-date]	2002-Ohio-2220 2005-Ohio-1797 (11th Dist) 2006-Ohio-6918 (MC)
Oklahoma [1890-date]	1997 OK 22 1997 OK CR 24 1997 OK CIV APP 1
Pennsylvania [1999-date]	1999 PA Super 1
South Dakota [1996-date]	1996 SD 15
Utah [1999-date]	1999 UT 16 1999 UT App 16
Vermont [2003-date]	2003 VT 1
Wisconsin [2000-date]	2000 WI 14 2001 WI App 9
Wyoming [2001-date]	2001 WY 12

APPENDIX 3

APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS

Use the table below to abbreviate words in all citations within parentheses. Italicize in accordance with the Style Manual rule for specific citation types, including cases (ch 2.0), statutes and legislative materials (ch 3.0), rules and regulations (ch 4.0), treatises (§ 7.3) and legal documents (§ 7.7). Capitalize as illustrated in the table, or in accordance with the Style Manual rule for specific citation types, or if the word or abbreviation begins a separate citational sentence. Examples:

To signal that certiorari has been denied, the table instructs that the word "certiorari" is abbreviated "cert" and the word "denied" is not abbreviated. The term "cert denied" is then italicized as illustrated in secton 2.2 (a) (5) of the Style Manual.

The table instructs that "op" is the abbreviation for the word "opinion." However, "op" is italicized and lowercased in "affd on concurring op of Suozzi, J." under section 2.2 (a) (5); "op" is unitalicized and capitalized in "NY City Campaign Fin Bd Advisory Op No. 2007-2" under section 2.4 (b) (1).

affidavit	aff
affirmed	affd
affirming	affg
amended	Do not abbreviate
amending	amdg
amendment(s)	amend(s)
Annotated	Ann
Annual	Ann
appeal(s)	Do not abbreviate
article	art
certiorari	cert
chapter	ch
Circuit	Cir
Civil	Civ
clause	cl
Committee	Comm
Commission	Commn
Conference	Conf
Court(s)	Ct/Cts
Criminal	Crim
cumulative	cum
denied	Do not abbreviate
Department	Dept
dismissed	Do not abbreviate
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
granted	Do not abbreviate
idem	id.
id est	i.e.
Introduction	Intro
leave	lv
Legislative	Legis
memorandum	mem
modified	mod
modifying	modfg
motion	mot
motion for leave to appeal denied	lv denied
motion for leave to appeal dismissed	lv dismissed
motion for leave to appeal granted	lv granted
motion for reargument denied	rearg denied
motion for reargument dismissed	rearg dismissed
motion for reargument granted	rearg granted
New York	NY
Number	No.
opinion	op
opposition	opp
paragraph	para; ¶
part	Do not abbreviate
reargument	rearg
Record	Rec
Register	Reg
rehearing	reh
renumbered	renum
Report	Rep
reversed	revd
reversing	revg
revised	rev
sequence	seq
State	St
subdivision	subd
subsection	subsec
sub nomine	sub nom.
Supplementary Pamphlet	Supp Pamph
Temporary	Temp
title	tit
transcript	tr
videlicet	viz.
volume	vol

APPENDIX 4

STYLE AND ABBREVIATION OF PARTICULAR STATUTES

Contents

A. Current New York Statutes

B. Repealed or Superseded New York Statutes

C. Federal Statutes

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

A. CURRENT NEW YORK STATUTES

Abandoned Property Law § __

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

Agriculture and Markets Law § __

Alcoholic Beverage Control Law § __

Alternative County Government Law § __

Arts and Cultural Affairs Law § __

Banking Law § __

Benevolent Orders Law § __

Business Corporation Law § __

Canal Law § __

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

Civil Rights Law § __

Civil Service Law § __

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

Cooperative Corporations Law § __

Correction Law § __

County Law § __

Court of Claims Act § __

Criminal Procedure Law § 540.10, or CPL 540.10

Debtor and Creditor Law § __

Domestic Relations Law § __

Economic Development Law § __

Education Law § __

Elder Law § __

Election Law § __

Eminent Domain Procedure Law § 512, or EDPL 512

Employers' Liability Law § __

Energy Law § __

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

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

Executive Law § __

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

Financial Services Law § __

General Associations Law § __

General Business Law § __

General City Law § __

General Construction Law § __

General Municipal Law § __

General Obligations Law § __

Highway Law § __

Indian Law § __

Insurance Law § __

J and K

Judiciary Law § __

Labor Law § __

Legislative Law § __

Lien Law § __

Limited Liability Company Law § __

Local Finance Law § __

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

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

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

Mental Hygiene Law § __

Military Law § __

Multiple Dwelling Law § __

Multiple Residence Law § __

Municipal Home Rule Law § __

N and O

Navigation Law § __

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

New York City Civil Court Act § 1609, or NY City Civ Ct Act § 1609, or CCA 1609 [in parentheses: CCA 1609, or NY City Civ Ct Act § 1609]

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

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

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

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

P and Q

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

Partnership Law § __

Penal Law § __

Personal Property Law § __

Private Housing Finance Law § __

Public Authorities Law § __

Public Buildings Law § __

Public Health Law § __

Public Housing Law § __

Public Lands Law § __

Public Officers Law § __

Public Service Law § __

Racing, Pari-Mutuel Wagering and Breeding Law § __

Railroad Law § __

Rapid Transit Law § __

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

Real Property Law § __

Real Property Tax Law § 402, or RPTL 402

Religious Corporations Law § __

Retirement and Social Security Law § __

Rural Electric Cooperative Law § __

Second Class Cities Law § __

Social Services Law § __

Soil and Water Conservation Districts Law § __

State Administrative Procedure Act § __

State Finance Law § __

State Law § __

State Printing and Public Documents Law § __

State Technology Law § __

Statute of Local Governments § __

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

Tax Law § __

Town Law § __

Transportation Corporations Law § __

Transportation Law § __

Uniform City Court Act § 1403, or Uniform City Ct Act § 1403, or UCCA 1403 [in parentheses: UCCA 1403, or Uniform City Ct Act § 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 [in parentheses: UDCA 1508, or Uniform Dist Ct Act § 1508]

Uniform Justice Court Act § 1904, or Uniform Justice Ct Act § 1904, or UJCA 1904 [in parentheses: UJCA 1904, or Uniform Justice Ct Act § 1904]

Vehicle and Traffic Law § __

Village Law § __

Volunteer Ambulance Workers' Benefit Law § __

Volunteer Firefighters' Benefit Law § __

W, X, Y and Z

Workers' Compensation Law § __

B. REPEALED OR SUPERSEDED NEW YORK STATUTES

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

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

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

Decedent Estate Law § __

Penal Code of 1881 § __

Penal Law of 1909 § __

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

C. FEDERAL STATUTES

Bankruptcy Act of 1898 (11 USC) § __

1978 Bankruptcy Code (11 USC) § __

Internal Revenue Code (26 USC) § __

Kidnapping Act (18 USC) § __

28 USC § __

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

APPENDIX 5

STYLE OF PARTICULAR WORDS

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

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

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

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

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

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

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

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

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

J
job site	judgment

K
kidnap	kidnapping
kidnapped

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

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

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

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

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

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

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

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

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

U
ultra vires	upstate
Unified Court System

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

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

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

APPENDIX 6

TITLES IN VARIOUS ACTIONS AND PROCEEDINGS, WITH CASE NAMES

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

ABUSED CHILDREN

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

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

ACCOUNTING

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

case name: Matter of Osborne (La Grove)

ADMINISTRATORS

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

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

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

case name: Kornblut v Chevron Oil Co.

ADOLESCENT OFFENDERS

The People of the State of New York, Plaintiff, v Y.L., Defendant.

The People of the State of New York, Plaintiff, v Y.L., Adolescent Offender.

case name: People v Y.L.

ADOPTION AND TERMINATION OF PARENTAL RIGHTS

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

case name: Matter of Jessica Marie R.

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

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

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

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

ARBITRATION

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

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

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

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

ARTICLE 78 PROCEEDINGS

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

case name: Matter of Chervin v Duffy

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

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

ATTORNEY GENERAL PROCEEDINGS

In the Matter of The People of the State of New York, by Eric T. Schneiderman, Attorney General of the State of New York, Respondent, v Senior Citizens Assistance Group, Inc., Also Known as Senior Citizens Meals on Wheels Assistance Group, Inc., et al., Defendants, and Garrett Morgan, Appellant.

case name: Matter of People v Senior Citizens Assistance Group, Inc.

BANKRUPTCY TRUSTEE

Robert J. Musso, as Trustee of the Bankruptcy Estate of Tong Lin Wu, Debtor, Respondent-Appellant, v Hsing Wei Chien et al., Respondents, and Daniel Fernandez, Appellant.

case name: Musso v Hsing Wei Chien

Nanjing USA, Inc., Appellant, v Salvatore LaMonica, as Chapter 7 Trustee of Block Corporation, Debtor, Respondent.

case name: Nanjing USA, Inc. v LaMonica

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

CIVIL FORFEITURE

Christine Malafi, County Attorney for the County of Suffolk, Plaintiff v A 2000 Volkswagen, VIN No. WVWMA23B3YP226270, et al., Defendants.

case name: Malafi v A 2000 Volkswagen, VIN No. WVWMA23B3YP226270

CLASS ACTIONS

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

case name: Votta v Selleck

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

case name: Chiarella v City of Rochester

CONDEMNATION

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

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

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

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

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

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

In the Matter of City of New York Relative to Acquiring Title in Fee Simple Absolute to Certain Real Property Where Not Heretofore Acquired for the Grantwood Retention Basin Located in the Area Generally Bounded by Shotwell Avenue to the East, Tyron Avenue to the South, Grantwood Avenue to the West, and Woodrow Road to the North, in the Borough of Staten Island, City and State of New York. Cassino Contracting Corp. (Fee Claimant with Respect to Damage Parcel 1, Block 5676, Lot 1), Claimant v City of New York, Condemnor.

case name: Matter of City of New York (Grantwood Retention Basin—Cassino Contr. Corp.)

CONSERVATORSHIP

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

case name: Matter of Wargold

CORPORATE DISSOLUTION (REHABILITATION OR LIQUIDATION)

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

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

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

case name: Matter of Jones Co. (White)

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

case name: Matter of Frontier Ins. Co.

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

case name: Matter of Gupta

COURT OF CLAIMS ACTIONS

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

case name: Wilson v State of New York

CRIMINAL ACTIONS

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

case name: People v Wenzel

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

case name: People v Ioannidis

DISCIPLINARY PROCEEDINGS

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

case name: Matter of Rosenberg

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

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

DOING BUSINESS AS

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

case name: Central Trust Co. v Goldman

ESTATES AND PROBATE PROCEEDINGS

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

case name: Matter of Frazier

In the Matter of the Estate of Philip Mandelbaum, Deceased, Appellant, v Five Ivy Corp., Respondent.

case name: Matter of Estate of Mandelbaum v Five Ivy Corp.

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

GOVERNMENT OFFICIALS

In the Matter of Deborah Soule, Appellant, v Tina Stanford, in Her Official Capacity as Chairperson of Board of Parole, Respondent.

case name: Matter of Soule v Stanford

In the Matter of Harvey Goldberg, Appellant, v MaryEllen Elia, as Commissioner of Education, Respondent.

case name: Matter of Goldberg v Elia

GRAND JURY REPORTS

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

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

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

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

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

GUARDIANSHIP

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

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

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

case name: Matter of Chachkers (Shirley W.)

HABEAS CORPUS

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

case name: People ex rel. Aziz v LeFevre

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

case name: People ex rel. Travis v Tweed

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

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

INCAPACITATED PERSONS

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

case name: Matter of Arnold O. (Biscone)

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

case name: Matter of Jones (DeSantis)

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

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

INFANTS

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

case name: Norman B. v Levitt

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

case name: Lawrence R. v Snyder

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

case name: Julie A.J. v King

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

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

INFANTS (Parents named as both representative and individual parties)

Krystal G., an Infant, by Her Parents and Natural Guardians, Vivian G. et al., et al., Plaintiffs, v Roman Catholic Diocese of Brooklyn et al., Defendants.

case name: Krystal G. v Roman Catholic Diocese of Brooklyn

INTERVENORS

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

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

INVOLUNTARY TREATMENT

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

case name: Matter of Perra (Doe)

JOINT VENTURES

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

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

JUDGES AND JUSTICES

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

case name: Matter of Wiley v Altman

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

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

JUVENILE DELINQUENTS

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

case name: Matter of Cleve C.

MULTIPLE APPEALS WITH COUNTERCLAIMS

Greenstone/Fontana Corporation, Formerly Known as Topline Advertising, Inc., Plaintiff/Counterclaim Defendant-Appellant, v Neil Feldstein et al., Defendants/Counterclaim Plaintiffs-Respondents. Jeanne Fontana et al., Additional Counterclaim Defendants-Appellants, et al., Additional Counterclaim Defendants. (Appeal No. 1.) Greenstone/Fontana Corporation, Formerly Known as Topline Advertising, Inc., Plaintiff/Counterclaim Defendant-Respondent, v Neil Feldstein, Defendant/Counterclaim Plaintiff-Respondent, and Neil Buick Corporation et al., Defendants/Counterclaim Plaintiffs-Respondents-Appellants. Topline Advertising, Inc., Additional Counterclaim Defendant-Respondent, and Jeanne Fontana et al., Additional Counterclaim Defendants-Appellants-Respondents. (Appeal No. 2.) Greenstone/Fontana Corporation, Formerly Known as Topline Advertising, Inc., Counterclaim Defendant-Respondent, v Neil Feldstein, Defendant/Counterclaim Plaintiff, and Neil Buick Corporation et al., Defendants/Counterclaim-Plaintiffs-Appellants. Topline Advertising, Inc., et al., Additional Counterclaim Defendants-Respondents. (Appeal No. 3.)

case name: Greenstone/Fontana Corp. v Feldstein

LIEN DISCHARGE

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

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

MULTIPLE APPEALS WITH COUNTERCLAIMS

case name: Greenstone/Fontana Corp. v Feldstein

NEGLECTED CHILDREN

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

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

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

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

PERSONAL REPRESENTATIVES

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

case name: Rorie v Ross

PERSON IN NEED OF SUPERVISION

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

case name: Matter of Kristian CC.

PROFESSIONAL CORPORATIONS

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

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

RECEIVERSHIP

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

case name: Matter of Reliance Ins. Co.

SETTLEMENTS

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

case name: Matter of Chase Manhattan Bank

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

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

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

case name: Matter of 321 Henderson Receivables Ltd. Partnership

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

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

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

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

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

case name: Matter of O. Winston Link Revocable Trust

STATE DIVISION OF HUMAN RIGHTS ACTIONS

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

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

STOCKHOLDERS' DERIVATIVE AND REPRESENTATIVE ACTIONS

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

case name: Gross v Neuman

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

case name: Miller v Kastner

SUBPOENA

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

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

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

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

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

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

SUCCESSORS IN INTEREST

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

case name: Hearst Corp. v Hertz Corp.

TAX LAW PROCEEDINGS

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

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

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

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

THIRD-PARTY ACTIONS

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

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

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

case name: Heller v Encore of Hicksville, Inc.

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

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

TRUSTEES

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

case name: Matter of Beiny (Weinberg)

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

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

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

case name: Matter of Fullilove v Cuomo

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

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

UNEMPLOYMENT INSURANCE

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

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

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

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

WARDEN

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

case name: People ex rel. Jones v Smith

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

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

WORKERS' COMPENSATION

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

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

YOUTHFUL OFFENDER

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

case name: People v Casey R.B.

APPENDIX 7

CITATIONAL FOOTNOTE STYLE (MODEL OPINION)

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

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

Argued November 14, 2011; decided December 20, 2011

OPINION OF THE COURT

Pigott, J.

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

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

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

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

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

ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335]

Opinion by Pigott, J.

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

     6.  See Broggy v Rockefeller Group, Inc., 8 NY3d 675, 681 (2007).
     7.  Narducci v Manhasset Bay Assoc., 96 NY2d 259, 267 (2001).
     8.  This decision is not the official report of the opinion in Ortiz v Varsity Holdings, LLC, 18 NY3d 335 (2011). It is a model intended only to illustrate the rules for drafting an opinion in the citational footnote style. New York Law Reports Style Manual § 1.2 (e) (2017).

APPENDIX 8

FORMULATION OF SUMMARIES (APPEAL STATEMENTS)

A. General Rules for Formulating Summaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. Sample Forms of Summaries: Court of Appeals

1. Appeal as of Right—CPLR 5601

CPLR 5601 (a)—Two Justice Dissent

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

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

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

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

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

2. Appeal by Permission—CPLR 5602

Permission of Court of Appeals

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

Permission of the Appellate Division

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

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

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

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

3. Certified Question from United States Court of Appeals

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

4. Determination of State Commission on Judicial Conduct

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

5. Criminal Cases

Permission of Appellate Division Justice

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

Permission of Associate Judge of Court of Appeals

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

Appeal from Sentence

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

6. Reargument of Appeal

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

C. Sample Forms of Summaries: Appellate Division

1. Civil Cases

Order

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

Part of an Order

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

Order and Judgment (one paper)

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

Order and Judgment Entered Thereon

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

Judgment

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

Appeal by Permission

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

2. Unemployment Insurance Decisions

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

3. Workers' Compensation Decisions

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

4. Family Court Proceedings

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

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

5. CPLR Article 78 Proceeding

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

6. Attorney Disciplinary Proceedings

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

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

7. Criminal Cases

Jury Trial

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

Bench (nonjury) Trial

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

Guilty Plea

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

Order

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

Sentence

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

Vacatur of Judgment

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

8. Appeal Bringing Up for Review a Prior Order

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

9. Appeals Transferred to the Appellate Division

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

10. Proceedings Transferred to the Appellate Division

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

11. Proceedings Commenced in the Appellate Division

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

12. Reargument of Appellate Division Decision

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

D. Sample Forms of Summaries: Appellate Term

1. Civil Cases

Order

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

Multiple Orders (same judge)

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

Multiple Orders (different judges)

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

Appeal from Order Deemed Appeal from Judgment

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

Judgment

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

Appeal by Permission

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

2. Criminal Cases

Order

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

Judgment (nonjury trial)

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

Judgment (jury trial)

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

Judgment (guilty plea)

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

Appeal by Permission

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

3. Appeal from Part of an Order

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

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

Civil Court of the City of New York

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

Criminal Court of the City of New York

District Court

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

City Court

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

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

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

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

PART V: INDEX

(References are to sections unless otherwise indicated.)

Abbreviations

appellate history used in, Appendix 3

business firms, Appendix 1

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

case law reports, Appendix 2

case names, 2.1; Appendix 1

codes, 3.0; Appendix 4

commonly used, Appendixes 1, 3

constitutions, 5.0

corporations, Appendix 1

digests, Appendix 2

encyclopedias, 7.4

foreign words, Appendix 1

judges, 10.4 (a)

middle names in titles, 8.1 (d)

months, 10.3 (g)

periodicals, 7.2

personal names, 10.4 (b)

pluralization, Appendix 1

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

reports, Appendix 2

spacing, 14.1

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

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

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

time, 10.3 (h)

Abstracts, 2.2 (b) (2)

"Accord," as signal, 1.4 (a)

Actions, titles of, 8.0; Appendix 6

Acts

capitalization, 10.1 (j)

citation of, 3.2 (b)

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

Administrative codes, 4.0

Advisory committee notes, statutory, 3.1 (c)

Affidavits, citation of, 7.7

Affirmations, citation of, 7.7

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

Agency documents and materials, 2.4 (b)

Ages, 10.2 (a) (8)

ALR annotations, 7.5

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

Amendments

abbreviation of, 5.2; Appendix 3

capitalization, 10.1 (j) (3)

constitutional, 5.2; Appendix 3

statutory, 3.1 (b) (3)

American Law Reports (ALR) annotations, 7.5

Amicus Curiae, appearance of counsel as, 9.2

Animal breeds, capitalization of, 10.1 (o)

Annotations (ALR), 7.5

Appeal statements

formulation of, Appendix 8

judge name in, 10.4 (a) (1)

Appearances of counsel

multiple appearances, 9.3

pro hac vice appearances, 9.7

pro se appearances, 9.3

punctuation of appearances, 9.0

style of appearances, 9.0

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

Appellate history

abbreviations, Appendix 3

citations including, 2.2 (a) (5)

Appendixes, citation of, 3.2 (b)

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

Attorney General, appearance of counsel by, 9.6

Author, use of name of

ALR annotations, 7.5 (b)

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

Bill jacket, 3.1 (f)

Bills, capitalization of, 10.1 (j)

Blocked quotations, 11.1 (a)

Bloomberg Law, 2.4 (a) (1)

Blood alcohol content, 10.2 (b) (3)

Books

citation of, 7.0

typography of, 13.8

Branches of government, capitalization of, 10.1 (d)

Briefs, citation of, 7.7

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

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

Business firms, abbreviation of in case names, Appendix 1

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

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

"Capital," capitalization of, 10.1 (g)

Capitalization

generally, 10.0

acts, 10.1 (j)

amendments, 5.2; 10.1 (j)

animal breeds, 10.1 (o)

bills, 10.1 (j)

branches of government, 10.1 (d)

codes, 10.1 (j)

congressional, 10.1 (c)

constitutions, 5.2; 10.1 (j)

courts, 10.1 (h)

government bodies and officials, 10.1 (b)

governments, 10.1

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

legal documents, 10.1 (m)

numbered items, 10.1 (p)

organized bodies, 10.1

parties, 10.1 (l); 13.1

public officers, 10.1 (b)

regional names, 10.1 (n)

states, 10.1 (c)

statutes, 10.1 (j); Appendix 4

titles of individuals, 10.1

"Capitol," capitalization of, 10.1 (g)

Case history

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

citation of, 2.2 (a) (5)

date of decision, 1.1 (a)

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

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

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

sub nom., 2.2 (a) (5)

Case law reports, abbreviation of, Appendix 2

Case names

generally, 2.1

abbreviations, Appendix 1

sub nom., 2.2 (a) (5)

Cases

generally, 2.0

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

citation of, 1.0; 2.0

companion cases, 2.1 (a)

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

date of decision, 1.1 (a)

elements of citation, 1.1 (a)

names, 2.1

official reports, 2.0; Appendix 2

reports, 2.2; 2.3; Appendix 2

titles, 8.0; 13.1; Appendix 6

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

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

CD-ROM, treatises, 7.3 (c)

Centuries, 10.3 (f)

Certiorari, Appendix 3

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

CFR, 4.2 (a)

Chapters

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

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

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

Circuit

abbreviation of, Appendix 3

in citations, 2.3 (b)

Citational footnote style

model opinion, Appendix 7

placement of citations, 1.2 (e)

Citations

abbreviations used in, Appendixes 1-4

acts, 3.2 (b)

affidavits, 7.7

affirmations, 7.7

amended statutes, 3.1 (b) (3)

annotated reports, 7.5

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

basic form, 1.0-7.0; Appendixes 1-4

briefs, 7.7

cached material, 7.1 (d) (3)

cases, 1.0; 2.0

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

CD-ROM, 1.5; 7.3 (c)

codes, 4.0

commercial electronic databases, 7.1 (d) (8)

dates, 1.1 (a)

descending statutory hierarchy, 3.1 (b) (1)

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

elements of, 1.1

encyclopedias, 7.4

exhibits, 7.7

federal rules and regulations, 4.2

former statutes, 3.1 (b) (4)

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

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

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

introductory signals, 1.4

judicial departments and circuits, 2.2; 2.3

jump pages, 2.2 (a) (2)

legal periodicals, 7.2

multiple citations, 2.2 (a) (6)

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

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

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

official reports, 2.0; Appendix 2

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

parallel, subsequent reference to, 1.3 (d)

parenthetical citations, 1.2 (c)

placement of, 1.2

pleadings, 7.7

previously cited authority, 1.3

punctuation, 2.2; 2.3; 2.4

range of pages, sections, etc., 1.1 (c)

regulations, 4.0

repeated citations, 1.3

reports, 2.2; 2.3; Appendix 2

rules, 4.0

running text, 1.2-6.2

Session Laws, 3.1 (d)

short form, 1.3 (b)

signals, 1.4

statutes, 1.1; 3.0; Appendix 4

string citations, 3.1 (b) (2)

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

tabular cases, 2.4 (a) (2)

testimony, 7.7

textbooks, 7.3; 7.4

transcripts, 7.7

treatises, 7.3

Unconsolidated Laws, 3.1 (d); Appendix 4

United States Supreme Court, 2.3 (a)

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

unreported cases, 2.1; 2.2 (b)

within parentheses, 1.2; 1.3; 2.0-7.0

within running text, 1.2; 1.3; 3.0-7.0

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

City and county ordinances, 10.1 (j)

"City," capitalization of, 10.1 (c)

Code of Federal Regulations, 4.2 (a)

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

Codes

abbreviations, 4.0

capitalization of, 4.0; 10.1 (j)

citation of, 4.0

federal, 4.2

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

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

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

State of New York, 4.1

Commas

appearances, 9.0

case citations, 1.0; 2.0

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

dates, 10.3

punctuation of citations, 1.4; 2.2; 3.0-7.0

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

statutory citations, 3.0

Commentaries, practice, 3.1 (c)

Commission and agency documents and materials, 2.4 (b)

"Compare," as signal, 1.4 (a)

Compilations

administrative regulations, 4.0

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

Compound words, 12.2 (a)

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

Consolidated statutes, forms of, Appendix 4

Constitutions

generally, 5.0

abbreviations, 5.2

capitalization, 5.2; 10.1 (j) (3)

clauses, 10.1 (j) (2)

federal and state, 5.0

foreign, 5.1

historical material, 5.3

"Contra," as signal, 1.4 (a)

Corporate names, 10.4 (c)

Counsel, appearances of, 9.0

"County," capitalization of, 10.1 (c)

"Court," capitalization of, 10.1 (h)

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

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

Crimes, capitalization of, 10.1 (k)

Criminal Jury Instructions, 4.1 (c) (2)

Dates

abbreviations, 10.3

amended statutes, 3.1 (b) (3)

case history, 1.1 (a)

cases, 1.1 (a)

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

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

centuries, 10.3 (f)

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

commas, use of, 10.3

decades, 10.3 (e)

months, 10.3 (g)

punctuation of, 10.3

renumbered statutes, 3.1 (b) (3)

seasons, 10.3 (i)

statutes, 3.1; 6.2

style of, 10.3

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

Decades, 10.3 (e)

Degrees, 10.2 (b) (2)

Department of Financial Services Regulations, 4.1 (b) (11)

Dictionaries, 7.4

Disabilities, describing persons with, 12.5

Discontinued reports, 2.2 (b) (4)

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

"District," capitalization of, 10.1 (c)

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

Dual citations

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

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

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

when prohibited, 2.2 (b) (1)

when required, 2.3; 2.4 (a)

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

Electronic sources

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

CD-ROM material, 7.3 (c)

E-books, 7.9

general rules, 1.5

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

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

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

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

online services, 2.4 (a) (1); 7.1 (d) (8)

Ellipsis, omitted material in quotations, 11.1 (c)

Emphasis

emphasized material in quotations, 11.1 (f)

typography, 13.6

Encyclopedias

abbreviations, 7.4

citation of, 7.4

Ethics opinions, 2.4 (b) (2)

Exhibits, citation to, 7.7

"Federal," capitalization of, 10.1 (f)

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

"Federal Government," capitalization of, 10.1

Federal Register, 3.2 (c)

Federal Regulations, Code of, 4.2

Federal Reporter

abbreviation, Appendix 2

citation of, 2.3 (b)

Federal rules and regulations, 4.2

Federal Rules Decisions, Appendix 2

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

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

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

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

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

Federal statutes

generally, 3.2

particular statutes, Appendix 4

Federal Statutes at Large, 3.2

Firearms, 10.2 (a) (6)

Footnotes

case citation containing, 2.2 (a) (3)

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

citations in, 1.2 (d)

numbers, placement of, 1.2 (f)

Foreign constitutions, 5.1

Foreign names, 13.7; Appendix 5

Foreign words and phrases,

Latinisms, avoidance of, 12.3

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

Former statutes, 3.1 (b) (4)

Fractions, 10.2 (a) (3)

Gender neutral writing, 12.1

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

Government

bodies and officials, capitalization of, 10.1 (b)

federal, capitalization of, 10.1 (f)

state and local, capitalization of, 10.1

Guide to New York Evidence, 4.1 (e)

Guidelines, citation of, 7.8

Handbooks, citation of, 7.8

Hierarchy

ascending statutory hierarchy, 3.1 (b) (2)

descending statutory hierarchy, 3.1 (b) (1)

parallel statutory hierarchy, 3.1 (b) (2)

Historical constitutional material, 5.3

History of cases

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

dates of decision, 1.1 (a)

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

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

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

style of, 2.2 (a) (5)

History of statutes, 3.1 (b) (3)

Hyphen

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

words styles, 12.2; Appendix 5

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

"Infra," use of, 12.6

Initials, use of in titles, 8.1 (d)

Internal Revenue Code, Appendix 4

International agreements, 6.0

International Fire Code, 4.1 (b) (9)

International Property Maintenance Code, 4.1 (b) (9)

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

Introductory signals, 1.4 (a)

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

Judges and Justices

abbreviation of, 10.4 (a)

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

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

Judicial history of cases (see History of cases)

Jump cites (see Pinpoint page citations)

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

Jury Instructions

Criminal Jury Instructions, 4.1 (c) (2)

Pattern Jury Instructions, 4.1 (c) (1)

Latinisms, avoidance of, 12.3

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

Law journals and reviews, 7.2

Legal documents

capitalization of, 7.4

citation of, 7.7

Legal encyclopedias, 7.4

Legal newspapers, 7.2

Legalisms, avoidance of, 12.3

Legislation (see Session Laws and Unconsolidated Laws, Statutes)

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

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

Local laws, Appendix 4

Magazines, 7.2; 13.8

Manuals, citation of, 7.8

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

Medium neutral citations, 2.3 (c) (4)

Model codes, 3.1 (e)

Model Colloquies 4.1 (d)

abbreviations, Appendix 3

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

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

case citations, 2.2 (a) (6)

statutory citations, 3.1 (b) (2)

authors, 7.1 (b); 7.5 (b)

case names, 2.1; Appendix 1

corporate names, 10.4 (c)

foreign names, 13.7; Appendix 5

judge name in opinion opening, typography of, 13.4

newspapers and magazines, typography of names of, 13.8

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

statutes, Appendix 4

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

style of personal names, 10.4 (b)

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

abbreviations, Appendix 1

style, 2.1; Appendixes 1, 6

general style, 7.2 (a)

typography of names of, 13.8

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

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

Building Code, 4.1 (b) (8)

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

court decisions, 2.2; Appendix 2

Session Laws, 3.1 (d)

statutes, Appendix 4

attorney disciplinary charges, 10.2 (a) (7)

criminal sentences, 10.2 (a) (5)

dollar amounts, 10.2 (a) (2)

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

fractions, 10.2 (a) (3)

prisoner disciplinary hearings, 10.2 (a) (7)

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

state retirement tiers, 10.2 (a) (7)

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

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

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

abbreviations, Appendix 2

citation of, 2.2; 2.3

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

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

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

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

Internet material, 7.1 (d) (7)

New York cases, 2.2 (b) (1)

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

officially reported case, 2.2; 2.3

subsequent reference to, 1.3 (d)

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

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

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

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

constitutional citations within parentheses, 5.2 (a)

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

court of decision, 2.2; 2.3; 2.4

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

jurisdiction, 2.2; 2.3; 2.4

popular name of statute, 3.1 (d)

general style, 7.2 (a)

student-authored works, 7.2 (b)

titles of actions and proceedings, 8.4

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

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