Appeal from a judgment of the Supreme Court, Bronx County (Norma Ruiz, J. Knight v. State, Del. It will typically comprise more than one sentence and should be formulated with an emphasis on concision and clarity. . During the summer and school breaks, there is no evening or weekend reference service. . . APPENDIX 2 ABBREVIATION OF CASE LAW REPORTS For words not on the list, consult Webster's Third New International Dictionary (2002). The decision ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Rptr. 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. United States Supreme Court Reports, Lawyer's Edition First Series, L.E. . . The order dated December 27, 1999 granted plaintiff's motion to impose sanctions against nonparty appellant for frivolous conduct as defense counsel. The Appellate Division [affirmed, reversed, etc.] 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. Avoid using "he" or "she" as a generic pronoun. When emphasis in a source document is omitted from a quotation, add a parenthetical: (emphasis omitted). Some suggested forms of citation of parallel hierarchy in running text are as follows: Subdivisions (1) and (3) of Town Law 199 provide . 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. NEW YORK CITATIONS A. . . 1518 [1945]), Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (23 UST 2555, TIAS No. (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] [rev Feb. 2011]), (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]), 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, 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), (Emergency Housing Rent Control Law , as added by L 1946, ch 274), (Emergency Tenant Protection Act of 1974 [ETPA] , as added by L 1974, ch 576, 4), (Emergency Tenant Protection Regulations [9 NYCRR] ), (Local Emergency Housing Rent Control Act , as added by L 1962, ch 21, 1), (Loft Law [Multiple Dwelling Law art 7-C] ), (NY City Loft Board Regulations [29 RCNY] ), (NY City Rent and Eviction Regulations [9 NYCRR] ), (NY City Rent and Rehabilitation Law [Administrative Code of City of NY] ), (NY State Rent and Eviction Regulations [9 NYCRR] ), (Rent Stabilization Law of 1969 [Administrative Code of City of NY] ). . Many of the complicated variations on rules are not shown in these samples. In citations of multiple sections of a statute, place two section symbols before the first section cited. ), entered April 11, 2001 in favor of the nonparty assignee reinsurer. . In the Matter of Alan Kane, Respondent-Appellant, v Thomas J. Bannon, Appellant-Respondent, and Keith J. Laing et al., Respondents, et al., Respondent. (Charles M. Scanlan, The Clergyman's Hand-book of Law [Kindle ed]). . The judgments convicted defendant, after a nonjury trial, of depositing debris and/or waste materials on a village lot (Local Law No. . The judgment, after a nonjury trial, awarded possession to petitioner in a nonprimary residence holdover summary proceeding. ), entered January 7, 2002 in a proceeding pursuant to CPLR article 78. ), 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. Texas Family Code Annotated 102.003 (a) (9). 8. The judgment convicted defendant, after a nonjury trial, of attempted kidnapping in the second degree. . 39 [9 NYCRR 5.39]), (NY Senate Debate on Senate Bill S2850, Mar. Learn. The name of the author may be added if desired: (9 Ops Counsel SBEA No. 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. A summary should, however, be composed in accordance with the Law Reporting Bureau's formulation rules. ), 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. Example case or court filing citations: California Supreme Court case. The judgment convicted defendant, after a nonjury trial, of stalking in the fourth degree. 99-5) [Note: informal opinion], (12 Ops St Comp No. , next word). County . The Bluebook: A Uniform System of Citation 1 (Columbia Law Review Ass'n et al. For determinate term sentences, apply the rule in section 10.2 (a) (1) (numbers up to and including nine should be spelled out and numbers above nine should be denoted by figures) as follows: Defendant's term of probation was reduced to four years. On the appellate level, parties are referred to according to their status on appeal, e.g. The semicolon is inserted at the point where a following division is of a more inclusive character than the preceding one. The People of the State of New York, Plaintiff, v Dennis Charles and Fritz DePass, Defendants. The term "citation in running text" indicates an authority referred to in the text of a sentence, as in the examples below: The clear and convincing evidence standard discussed in. People v. Anderson, 493 P.2d 880, 881 (Cal. When cited within parentheses, both the name of the country or state and the word "Constitution" should be abbreviated, as in the following examples: When constitutional citations appear in running text, either abbreviations or full names may be used. Citations in legal writing serve two purposes: . Kathleen M. Rice, as District Attorney of the County of Nassau, Plaintiff, v Milton Bialostok, Defendant. 11. 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?" 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. 5] 61, Comment, (Restatement [Third] of Property [Mortgages] 5.4, Reporter's Note, Comment, Transcript: (tr at 3); (Pargament tr at 42, lines 18-25; at 43, lines 4-6), Affirmation: (affirmation of defendant's counsel at 3), Testimony: (testimony of John Smith, May 14, 2002, 6), Pleadings: (Smith complaint at 2); (petition 7), Exhibits: (plaintiff's exhibits 3, 15, 18); (Nagle aff, exhibit E, 4), Briefs: (brief for respondents-appellants, available at 2005 WL 4013583, *2); (brief for defendants-respondents in. 92-1), (NY St Dept of Taxation & Fin Advisory Op No. 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. Law Revision Commission Comments (reprinted in McKinney's Cons Laws of NY, Book 34A, Mental Hygiene Law 81.10 at 130 [2006 ed]) set forth . . Roman numerals may be used alone or with text as a heading to delineate paragraphs or sections of an opinion. Consider, for example, the following citation: New York Times Co. v. Tasini, 533 U.S. 483 (2001) The elements are . Unless otherwise indicated, the examples in this Manual are shown as citations within parentheses. Sample Forms of Summaries: Court of Appeals. Subdivisions (1) (a) and (3) of Town Law 199 provide . C. Sample Forms of Summaries: Appellate Division. 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. Several jurisdictions have implemented public domain citation for all or some of their courts. To shorten a name, do not use quotation marks within parentheses, e.g. Emergency Tenant Protection Act of 1974 [ETPA] or Rent Stabilization Law of 1969 [RSL]), using a section sign (ETPA 5). Opinions. 02-07-23 [July 2002]) [Note: online opinions]. For example: The court reviews "whether counsel's performance 'viewed in totality' amounts to 'meaningful representation' " (, Alternatively, a quotation from language already containing quotations may be quoted in the following manner: The court reviews "whether counsel's performance viewed in totality amounts to meaningful representation" (. 498, 1995 . Months should be spelled out when part of a textual sentence in footnotes. INTRODUCTION There is no one prevailing source for citation of legal authorities in documents filed in New York courts. Use the statute's terminology when specifying its divisions. ), dated February 28, 2002 and March 14, 2002. For example, if the statute refers to its "subdivisions," "subsections," "paragraphs," "subparagraphs," etc., use that terminology. . Plaintiff did not sustain a serious injury within the meaning of Insurance Law 5102 (d). 8208 at 276 [1956]) [Note: pre-1978], (NY Dept of Social Servs Admin Directive 96 ADM-8 at 20), (Dept of Corr Servs Directive No. In habeas corpus proceedings and other proceedings brought in the name and on behalf of the People of the State of New York, the caption should begin with the words "The People of the State of New York ex rel." When citing in running text, convert interior brackets to parentheses. North Carolina : North Carolina Supreme Court: N.C. North Carolina Court of Appeals: Bluebook: D'Allesandro v. . ]), , 2003 WL 22254692, *2 n 3, 2003 Tex App LEXIS 8550, *5 n 3 [Sept. 29, 2003, No. 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. in the event of more than five criminal defendants. ), entered January 31, 2000. 113 = case begins on page 113 . Title 1 of article 3 of the RPTL provides . Appeal from orders of the Civil Court of the City of New York, New York County (Eileen A. Rakower, J. In addition, the relevant jurisdiction's designation of statutory divisions should be used. McKinney's Consolidated Laws of NY, Book 1, Statutes 51 provides . Match. Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, New York State Legislature, Monroe County Legislature. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Stuart C. Cohen, J. West's New York Supplement N.E., N.E.2d, or N.E.3d (p.279) 4. 4 April 2016. . 2006-F4) [Note: formal opinion], (1932 Atty Gen [Inf Ops] 206) [Note: pre-1983], (1999 Ops Atty Gen No. Create a data table in an opinion by using a word processor's table formatting features rather than manually inserting spaces or tabs. 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. 4 [1984] of Village of Wesley Hills 2) and storing more than one unregistered vehicle on a residential lot (Local Law No. The rules for citing the court and year are fairly simple, but do include some exceptions. Each Third Series record is hyperlinked to the full text of the decision on the Law Reporting Bureau's website. 2d (P.233) 6. . Other revisions reflect a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. Citation to Internet; . California Supreme Court: This is the state's highest court, and when possible you should use cases from this court because they have the highest level of authority on California law. . Rules 10.3.1 and 10.3.3 illustrate when and how to use a parallel citation. ), entered August 21, 2006. 4/98), (NY St Div of Hous & Community Renewal Advisory Op No. Public domain citation for all or some of their courts during the summer and school breaks, is... Carolina: North Carolina Supreme Court: N.C. North Carolina Court of City! Of Town Law 199 provide Dennis Charles and Fritz DePass, Defendants County! 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