Let's presume that this is the writer's first reference to the diminution in value rule, and the writer . In appellate titles, nonappealing parties who do not participate in the appeal as appellants or respondents are not named unless they are the first listed party (Plaintiff/Defendant or Petitioner/Respondent), e.g. a case decided by the New York Court of Appeals on October 1, 1918, and reported at volume 120, page . Omit given names or initials of individual litigants (Rule 10.2.1 (g)) If the case is a consolidation of two or more actions, cite only the first one listed (Rule 10.2.1 (a)) Omit all parties other than first listed on each side, and omit words indicating multiple parties, such as "et al." (Rule 10.2.1 (a)) Szekeres v. . The citation is read: 410 = Volume 410 of the . McKinney's Consolidated Laws of NY, Book 1, Statutes 51 provides . Avoid language that implies that a person as a whole is disabled (e.g. When cited in running text, interior brackets are changed to parentheses: Former Penal Law 210 (5) (a) provided . The rules for citing the court and year are fairly simple, but do include some exceptions. Reference to specific types of firearms should appear in the form that follows: Reference to sex offender risk levels, prison disciplinary hearings, attorney disciplinary charges and state retirement tiers should appear as follows: tier 3 [Note: New York State retirement level]. In the Matter of Alan Kane, Respondent-Appellant, v Thomas J. Bannon, Appellant-Respondent, and Keith J. Laing et al., Respondents, et al., Respondent. Capitalize constitution when referring to the specific constitution of any nation or state. Each opinion is assigned a Miscellaneous 3d citation as well as a unique Slip Opinion citation that is paginated to permit pinpoint page references. n.d. Appeal from an order of the Family Court of Richmond County (Ralph J. Porzio, J. . It will typically comprise more than one sentence and should be formulated with an emphasis on concision and clarity. . Self-Represented Legal References . . Do not place a comma between the signal and citation. Also keep in mind that questions are not related to each other unless otherwise noted. 7444 [1970]), (Warsaw Convention art 17, 49 US Stat 3000, 3018, reprinted following 49 USCA 40105), (Convention for International Carriage by Air art 2, May 28, 1999, reprinted in S Treaty Doc No. afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound); or is regarded as derogatory or demeaning (e.g. First word of next sentence). 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. For words not on the list, consult Webster's Third New International Dictionary (2002). The parties were married on Thanksgiving Day 1993. . Defendants, Appellants), only the name of the first named party of that status should appear in the title followed by "et al." Case names for New York decisions reported in the first, second and third series of the New York Official Reports can be found in the Official Case Name and Citation Locator at. 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. Courthouse Hours. However, when the source document in which a quotation is found uses a different style of emphasis (e.g. . In addition, if a suit is brought "on Behalf" of an entity or "by" a representative, official or guardian, this should be so designated. The name of the author may be added if desired: (9 Ops Counsel SBEA No. Both "Note" or "Comment" and the author's name are used in a law review citation, as follows: (Arthur Karger, Powers of the New York Court of Appeals 9:5 at 313 [3d ed rev 2005]), (Prosser & Keeton, Torts 44 at 309-310 [5th ed 1984]), (Jerome Prince, Richardson on Evidence 8-254, (2 Dan B. Dobbs et al., Torts 359 at 436-437 [2d ed 2011]), (11 Richard A. Lord, Williston on Contracts 32:6 at 432 [4th ed 1990]), (8 Warren's Weed, New York Real Property 92.16 [5th ed 2004]), (8-92 Warren's Weed, New York Real Property 92.16 [2006]) [Note: online treatise], (3 Warren's Negligence in New York Courts 80.01 [2] at 80-5 [2d ed 2005]), (3-80 Warren's Negligence in New York Courts 80.01 [2] [2005]) [Note: online treatise], (11 Warren's Heaton, Surrogate's Court Practice 194.01 [5] at 194-14 [7th ed 2006]), (11-194 Warren's Heaton, Surrogate's Court Practice 194.01 [5] [2006]) [Note: online treatise], (3A Doris Jonas Freed et al., Law and the Family New York 11:11 at 98 [2d ed rev 1993]), (1 Robert F. Dolan, Rasch's Landlord and TenantSummary Proceedings 1:14 at 88 [4th ed 1998]), (4 James J. CPLR 5601 (b) (1)Constitutional GroundsAppeal from Appellate Division. In legal writing, one of the most commonly cited types of sources are judicial opinions. 2d. To quickly find an approved case name, use the Official New York Case Name and Citation Locator or the Supreme Court of the United States Case Citation Finder. . Opinions. . Privacy interests of individuals should be protected by omitting irrelevant references to personal identifying information and redacting necessary references. Use inclusive terms, rather than masculine or feminine forms. It also prescribes the style applied by the Law Reporting Bureau in editing the opinions for publication in the Reports. 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. . Also, where a party is identified solely by a person's governmental office (e.g. 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?" APPENDIX 7 CITATIONAL FOOTNOTE STYLE (MODEL OPINION) Where the middle name or names of an attorney are given, use them. To cite a website, provide the name of the website, the uniform resource locator (URL) precisely as it appears in the Internet browser and the date the website was accessed. 1973. For example, consider these substitutes: The use of Latin and other foreign words and phrases is appropriate where the word or phrase has become part of standard English or is a legal term of art. Paragraph (a) of Town Law 199 (1) provides . Appeal from orders of the Civil Court of the City of New York, Queens County (Marguerite Grays, J. ), in favor of defendant, entered January 16, 2001. : The Bluebook states the inclusion of the appellate district is optional but its inclusion in the parenthetical is required for the Basic Legal Research class. . citation of cases and reports within parentheses. Administration. 39 [9 NYCRR 5.39]), (NY Senate Debate on Senate Bill S2850, Mar. 01-03-00287-CV]), , 266 Wis 2d 1060, 668 NW2d 562 [2003] [table; text at 2003 WL 21537821, *3, 2003 Wis App LEXIS 634, *13-14 (2003)]), (Senate Introducer's Mem in Support, Bill Jacket, L 1996, ch 600 at 11) [Note: Bill Jacket cumulatively paginated]. 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. 2001-3 provides . . 84 at 153 [1991]) [Note: pre-1994], (1999 Ops Atty Gen No. Send them to: [email protected]. 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. Plaintiff did not sustain a serious injury within the meaning of Insurance Law 5102 (d). Citation of American Case Law Federal cases: The Supreme Court of the United States is the only federal court to officially report its cases. ), "New York decisions shall be cited from the official reports, if any." ; precise jurisdiction of the court writing the decision (e.g., Supreme Court, New York Court of Appeals) in parentheses. Follow the word style in Webster's Third New International Dictionary (2002), except as modified by Appendix 5. Citations within parentheses may be referenced as in the examples below: The clear and convincing evidence standard was not met here (, The facts in this decision are not unusual (. 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." Appellate Division and Appellate Term Cases and Direct Appeals to the Court of Appeals: "[First sentence. Find the Official Reports "cite-as" case name and citation for New York 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. The form is: (Town Law 198, 199 [1] [a], [b]; [3]; 200). The order dated December 27, 1999 granted plaintiff's motion to impose sanctions against nonparty appellant for frivolous conduct as defense counsel. . . A list of public domain citations adopted by various jurisdictions was added (Appendix 2 [D]). Other revisions reflect a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. White & Robert S. Summers, Uniform Commercial Code 30-3 at 17 [Practitioner's 6th ed 2010]), (David H. Kaye et al., The New Wigmore: Expert Evidence 4.3.1 at 148 [2d ed 2011]), (9 John Henry Wigmore, Evidence 2450 at 163 [James H. Chadbourn rev 1981]), (17 Steven Plitt et al., Couch on Insurance 3d 240:1 [1995]), (ABA/BNA Lawyer's Manual on Professional Conduct 51:217 [2002]), (6 Eric M. Holmes & Mark S. Rhodes, Holmes' Appleman on Insurance 2d 34.1 [1996]), (1 Wayne R. LaFave, Search and Seizure 1.4 [d] at 119-120 [4th ed 2004]), (Alan D. Scheinkman, New York Law of Domestic Relations 2:20 at 87 [2d ed 11 West's NY Prac Series 2009]), (Daniel Finkelstein & Lucas A. Ferrara, Landlord and Tenant Practice in New York 4:149 at 4-63 [West's NY Prac Series, vol F, 2006]), (1 West's McKinney's Forms Civil Practice Law and Rules 2:203 [2007]) [Note: online treatise], (5-10 New York Civil Practice: EPTL 10-10.1) [Note: online treatise], (2 William Blackstone, Commentaries on the Laws of England at 429 n 30 [John L. Wendell ed 1847]), (3 Wharton's Criminal Law 381 at 457 [Torcia 15th ed]), (1 Howard Leventhal, Charges to the Jury and Requests to Charge in a Criminal Case in New York 5:23 [1988 rev ed]), (Siegel, NY Prac 184 at 323 [5th ed 2011]), (Weinstein-Korn-Miller, NY Civ Prac 8501.01 [2d ed 2004]), (7-5232 Weinstein-Korn-Miller, NY Civ Prac CPLR 5232.23) [Note: online treatise]. Please disable Adblock to best experience our website. Likewise, a quotation within a quotation within a quotation may be enclosed within double quotation marks ("). Reargument of Appellate Division Decision. United States Supreme Court Reports, Lawyer's Edition First Series, L.E. If you, or your attorney, choose to file objections, they must be verified and filed using the New York State Courts Electronic Filing (NYSCEF) system and accompanied by the appropriate filing fee, except that unrepresented parties may . Certain courts provide jurisdictional statements that resemble summaries. 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. 1974). . The use of Latin and other foreign language words and phrases generally is discouraged where an English language equivalent is available. The "sentence" clause should be included only when the sentence itself is the subject of the appeal. . Appeal from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J. U.S. Supreme Court: Official Citation. The model citational footnote opinion has been updated (Appendix 7). 02-07-23 [July 2002]) [Note: online opinions]. For example, if the statute refers to its "subdivisions," "subsections," "paragraphs," "subparagraphs," etc., use that terminology. Citation to Internet; Information Below is a list of State Supreme Court and Court of Appeals abbreviations. Titles of articles and chapters within those sources are set in italics. Use the basic citation form below for the initial citation to a statute. When citing Supreme Court cases, you must cite to the official Supreme Court reporter, United States Reports. Supreme Court Abbreviations State: Supreme Court Abbreviations (or court of last resort) Alabama . . Div. ", (b) Appeal by Permission of Appellate DivisionFinal Order/Judgment. handicapped or mentally deficient). (Energy Law 12-103, as added by L 1978, ch 649, 1, as amended by L 1980, ch 556, 1). A revised rule (3.1 [b] [2] [c]) eliminates repetition of section signs in citations of multiple sections of a statute. Figures may be used for dollar amounts of any size: $1, $50, $1 million. ), rendered January 31, 2000. . Westlaw or Lexis) is permissible only when the case is not published in book form. 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. Judge Edward T. Bartlett of the Court of Appeals said . Where a proceeding commenced in Supreme Court is transferred to the Appellate Division, the parties are designated Petitioner and Respondent, not Appellant and Respondent. The decision reversed a judgment of the Supreme Court, Albany County (John Conner, J. Trial court and Appellate Term opinions published online only with or without abstracts published in the print Official Reports are cited as indicated in section 2.2 (b) (2). . New . The following terms are always lowercased: Federal is capitalized only when modifying a capitalized word: Lowercase "capital"; capitalize "Capitol.". 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. Rptr. New York Supreme Court, Appellate Division: N.Y. App. Sample Forms of Summaries: Court of Appeals. Capitalize only proper nouns and adjectives: Lowercase references to numbered items, such as indictments, interrogatories, apartments, indexes, etc. Probably the most notable change reflected in the new Style Manual is the continuing movement toward the use of electronic sources. The Bluebook; ALWD Citation Manual; eBook. This Manual supplements general citation and style authorities, providing more detail on New York materials and a more specific focus on judicial opinions. Typically, the parties in an action are referred to, at the trial level, as Plaintiff and Defendant (in the event of impleader one might find Third-Party or Fourth-Party Plaintiffs and Defendants); in a proceeding the parties are referred to as Petitioner and Respondent. ), rendered July 27, 1999. The Bluebook has two sections: The Bluepages section: citation rules for documents written by practitioners, like legal memoranda and court filings. The order granted respondent's motion to dismiss the petition in a holdover summary proceeding and denied petitioner's cross motion for summary judgment. Add pinpoint citations, if any, after the precise identifier. Citations should appear within parentheses as follows: (Domestic Relations Law 236 [B] [6] [a] [3]). Reporter abbreviation (Table 1) First page of the case. Some examples are: The citational footnote style is an alternative to the traditional placement of citations, using footnotes only for the citational content that would otherwise appear in the body of an opinion if either the running text citation style ( 1.2 [b]) or the citations within parentheses style ( 1.2 [c]) were used. Use abbreviated form within parentheses. You must indicate both the state name and name of the court, except: You may omit the court name if it is the highest court in the jurisdiction. . "He" or "she" should not be used to refer to a group of people that may include men and women or an individual whose gender is not known. 80 & 111 Centre Street New York, NY 10013 646-386-3685 (80 Centre) 71 Thomas Street New York, NY 10013 646-386-3770. The name of the judge in running text may, but need not, include the full name: The decision of Mr. Justice Pound (later Chief Judge of the Court of Appeals) at Special Term . Bluebook. (21st Ann Rep of Chief Admin of Cts at 15), (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), (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), (1995 Rep of Advisory Comm on Crim Law and Pro at 43), (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. Test. Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, New York State Legislature, Monroe County Legislature. The judgment, after a nonjury trial, awarded possession to petitioner in a nonprimary residence holdover summary proceeding. All cases are being cited in citation sentences. 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [Montreal Convention]), (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, art II, 2, reprinted following 9 USCA 201), Bermuda Multilateral Telecommunications Agreement (60 US Stat 1636, TIAS No. 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. See the word list at Appendix 5. a website or an online service). . 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 21st edition of the Bluebook has brought these tables into alignment, creating a unified set of abbreviations across T6, T10, and T13, with one abbreviation per word. Defendant was sentenced to a prison term of 15 years. Consider, for example, the following citation: New York Times Co. v. Tasini, 533 U.S. 483 (2001) The elements are . . re-present, not represent; re-serve, not reserve). unofficially reported New York slip opinions. The following examples illustrate the use of introductory signals: Do not italicize a signal word that serves as a verb of a sentence: For a discussion of Executive Law 63 (2), see. See Appendix 7 for a model opinion formatted in the citational footnote style. at 6 (D. Mass. On the appellate level, parties are referred to according to their status on appeal, e.g. Style A summary should be styled in accordance with the Official Reports Style Manual. 1518 [1945]), (Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 23 UST 2555, TIAS No. Committee on Professional Standards, by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law, Second Report of the September 1975 Grand Jury of the County of Erie, Omnicon Group Inc. Civil Practice Law and Rules 5602 (b) (2) (iii) provides . If not on the list, italicize foreign words and phrases only if they are italicized in Black's Law Dictionary. (Rules of Ct of Appeals [22 NYCRR] 510.1 [a]. Official Compilation of Codes, Rules and Regulations of State of New York. : The same case with a pinpoint cite cited to an Illinois Court: People v. Harston, 23 Ill. App. ), entered January 21, 2000. Understanding California Case Citation Using The Bluebook: There are three levels of courts in California 1. To reference previously cited authority use a short-form reference or ", Subsequent references to a case in running text or within parentheses may use a shortened case name. . For California Court of Appeals cases, use Cal. For citations to weblogs (blogs), follow the general citation style above, including the author's name, the name of the weblog, the title of the article or entry, the URL and the date of the posting, as follows: (John C. Welsh, 1996-97 Survey of New York Law, (Harper Lee, To Kill a Mockingbird 49-50 [1982]). 9 AM to 5 PM. Apply the following rules based upon the location where citational content would be placed in the traditional format. "The victim was uncertain whether the gunman used an 8-, 10-, or 20-shot handgun"). But that's a Supreme Court, New York County, case, not one with a department or district. Indicate an omission between quoted sentences as follows if retention of the period is desired: If the end of the preceding sentence is omitted, insert an ellipsis followed by a period (last quoted word of preceding sentence . 102, 2002 NY Legis Ann at 7), (Administrative Order of Chief Admin Judge of Cts AO/245/08), (Dept of Audit and Control Mem in Opposition, Bill Jacket, L 1967, ch 193). Capitalize in accordance with standard authorities, except as noted below. ), rendered January 31, 2000. Cross-appealing parties are designated Appellant-Respondent and Respondent-Appellant, the first party to appeal being Appellant-Respondent. Put the following information in correct Bluebook citation form. Cal. Use brackets to indicate that language has been added or modified, including the omission or alteration of one or more characters of a word. The judgment granted the petition and directed that petitioner's sentences be served concurrently. Case names for the Supreme Court of the United States cases are found on the Supreme Court website at. Do not abbreviate terms used as a possessive [Employers' not Empls.].). For any other case, use the case name found in standard citation services or formulate a name by applying citation naming conventions found in standard citation manuals. Bluebook: A Uniform System of Citations, NYU Law Library. . This refers to the fifth opinion issued by the Wisconsin Supreme Court in the . In general, cases are cited by giving. constitutional citations within parentheses. . 13,787]) [Note: decisions in volumes 1-49], (51 Ed Dept Rep, Decision No. Do not use an ellipsis at the beginning of a quotation. ), "Where New York authorities are cited in any paper, New York Official Law Report citations must be included." Otherwise, cite as follows: (Restatement [Second] of Conflict of Laws 305, Comment, (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. II. underscoring, boldface), retain that style. For example: Many Judges of the New York Court of Appeals have written . Administrative Code of the City of New York __. In addition, a listing of each Third Series decision that cites to your retrieved decision will also be displayed. ), 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. 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. Omit the words "the Application of" and "for a judgment under CPLR article 78" in CPLR article 78 proceeding titles. 2007-2), (NY City Dept of Bldgs Operations Policy and Procedure Notice No. [6] In contrast, both the New York Court of Appeals and the Appellate Division when it sits . citation of codes, rules and regulations in, , NYLJ, Oct. 6, 2000 at 30, col 5 [Sup Ct, Nassau County 2000, Austin, J. (Michigan Court of Appeals) Mich. (Michigan Supreme Court) Not: People v. Armour, 590 N.W.2d 61 (Mich. 1999). When the quoted material contains mistakes that the author does not wish to correct by substituting bracketed language, the author may indicate that the mistake appeared in the original by inserting "[sic]" after the mistaken language. . Footnote numbers appearing in decisions follow punctuation marks. Year of decision. 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. Advisory committee notes, statutory, 3.1 (c), "Affirmed," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3, Amended statutes, citation of, 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), Appellate Division, rules of, 4.1 (b) (3), Attorney disciplinary charges, numerals used, 10.2 (a) (7), Attorney General, appearance of counsel by, 9.6, Branches of government, capitalization of, 10.1 (d), 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, Case law reports, abbreviation of, Appendix 2, Code of Professional Responsibility, citation of, 4.1 (b) (6), Commission and agency documents and materials, 2.4 (b), Consecutive sections of statute, 3.1 (b) (2), Consolidated statutes, forms of, Appendix 4, Court of decision, abbreviations, 2.2 (a) (7), Disabilities, describing persons with, 12.5, Distances, use of symbols for, 10.2 (b) (2), Dollar amounts, numerals used, 10.2 (a) (2), Ellipsis, omitted material in quotations, 11.1 (c), Federal cases, citation of, 2.3 (a); 2.3 (b), "Federal Government," capitalization of, 10.1, 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), Given names and initials, individuals, 8.1 (d); 10.4 (b), Insurance Department Regulations, 4.1 (b) (10), Italicization, 1.4; 2.0; 7.0; 13.7; Appendix 5, Judicial history of cases (see History of cases), Jurisdiction, indication of in citations, 1.1 (a); 2.2, Latin words, italicization of, 12.3 (c); 13.7; Appendix 5, Legislation (see Session Laws and Unconsolidated Laws, Statutes), Legislative and other materials, 3.1 (f); 3.2 (c), Measurements, use of symbols for, 10.2 (b) (2), "Modified," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3, Multiple statutes, citation of, 3.1 (b) (2), National Reporter System (see Unofficial reports), New York Law Journal, citation to, 2.2 (b) (3), Non-attorney, appearance of counsel by, 9.3 (a); 9.3 (b), Nonstatutory material in statutory compilations, 3.1 (c), Numbered items, capitalization of, 10.1 (p), Official Compilation of Codes, Rules and Regulations of State of New York, 4.1 (a), Opposing citations, introductory signals to, 1.4, Ordinances, capitalization of, 10.1 (j) (1), Periods, use of to punctuate quotations, 11.1 (b); 11.1 (c) (2), Personnel Rules and Regulations, New York City, 4.1 (b) (1), Pinpoint page citations, 1.3; 2.2 (a) (2); 2.2 (a) (3), Pluralization of case name abbreviations, Appendix 1, Point page citations (see Pinpoint page citations), Popular names of acts and constitutional clauses, capitalization of, 10.1 (j) (2), Previously cited authority, reference to, 1.3, Prisoner disciplinary hearings, numerals used, 10.2 (a) (7), Public domain citations, 2.3 (c) (4); Appendix 2 (D), References to previously cited cases, 1.3, Regional names, capitalization of, 10.1 (n), Rent statutes and regulations, 4.1 (b) (7), Repealed New York statutes, style and abbreviation of, Appendix 4, Reporter, citing out-of-state cases by name of, 2.3 (c) (3), "Reversed," in case history, 2.2 (a) (5); 2.2 (a) (6); Appendix 3, "Reversing," in case history, 2.2 (a) (5); Appendix 3, Rules of Professional Conduct, citation of, 4.1 (b) (6), Session Laws and Unconsolidated Laws, 3.1 (d), Sex offender risk levels, numerals used, 10.2 (a) (7), "State of," inclusion in titles, 10.1 (c), String citations, 2.2 (a) (6); 3.1 (b) (2), Subsequent case history, 2.2 (a) (5); Appendix 3, Superseded New York statutes, style and abbreviation, Appendix 4, Supporting citations, introductory signals to, 1.4, Supreme Court of the United States cases, 2.3 (a), Treaties and international agreements, 6.0, Uniform Rules for New York State Trial Courts, 4.1 (b) (5), United States Supreme Court cases, 2.3 (a), Unofficial reports, citation of, 2.2 (b); 2.3; 2.4, Vendor neutral citations, 2.3 (c) (4); Appendix 2 (D), New York State Law Reporting Bureau17 Lodge Street, Albany NY 12207phone: (518) 453-6900fax: (518) 426-1640. Assume that the authority is being cited in citation sentences in a brief to the United States Supreme Court unless otherwise noted. E-books are cited as indicated in section 7.9. ), "New York decisions shall be cited from the official reports, if any." Reporter containing cases from CA Supreme Court and Courts of Appeal . Short-form references also are capitalized: the Zoning Board of Appeals of the Town of Saugerties. . GENERAL PRINCIPLES. CPLR 5601 (d)Based upon Nonfinal Determination of Appellate DivisionFinal Judgment of Administrative Agency. The new format consists of: 1) the parties' names, 2) year of decision, 3) the abbreviated name of the court issuing the decision, and 4) a sequential number assigned by the Clerk of Courts' office. This rule may require redaction of the names of witnesses or other nonparties who are referenced in text. As explained in Brett S. Ward, Practice Insights (NY CLS, Book 44, Family Ct Act 1051, 2008 Cum Supp at 224) . The Appellate Division affirmed a sentence of the Dutchess County Court (George D. Marlow, J. Months should be spelled out when part of a textual sentence in footnotes. Include the city, village or town of the firm, legal organization or attorney(s) appearing for each party, when available. Home; Current State Court Abbreviations; . North Carolina Supreme Court: N.C. North Carolina Court of Appeals: N.C. Ct. App. using the Bluebook provide the correct citation to the following fictional cases. Bluebook: Court names (Table 7) Court name abbreviations. . Unreported slip opinions not abstracted in the Miscellaneous Reports are cited as follows: Most Appellate Division and Appellate Term motion decisions are not published in print. New York Model Colloquies, Bail Admonitions states . The shortened form of the case name is usually the name of the first nongovernmental party (for example, ". For additional citation information, use the New York Official Reports Citator. . The judgment convicted defendant, upon a jury verdict, of attempted kidnapping in the second degree. . For citations in court documents and legal memoranda, please refer to the Bluepages. If a party is sued or suing in a representative or official capacity, that capacity should be set forth in the title. Official Reports and United States Supreme Court decisions and to research citation history for decisions published in the Third Series of the New York Official Reports (2004 to date): The New York Official Reports Citator provides the approved "cite-as" case name, official book citation, slip opinion citation, decision date, court, Judge and docket number for each decision. . 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. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Stuart C. Cohen, J. C. Sample Forms of Summaries: Appellate Division. A short-form reference may be used for subsequent citations to the same statute. 39 [1991] of City of NY), (4th Rep of Temp St Commn on Estates, 1965 NY Legis Doc No. Flashcards. 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]). Use a suitable notation, for example (And Two Other Proceedings.) (a) Appeal by Permission of Appellate DivisionCertified QuestionNonfinal 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 order granted respondent's motion to dismiss the petition in a holdover summary proceeding. . APPENDIX 8 FORMULATION OF SUMMARIES (APPEAL STATEMENTS), Attorney or Firm Representing Multiple Parties, (Add "s" inside the period for plural use, unless otherwise indicated. Some suggested forms of citation of parallel hierarchy in running text are as follows: Subdivisions (1) and (3) of Town Law 199 provide . citation of codes, rules and regulations within parentheses. Business Law: Harvard Bluebook Citation. The People of the State of New York, Plaintiff, v Dennis Charles and Fritz DePass, Defendants. At the opening of each opinion the name of the judge appears as follows: First names may be added to avoid ambiguity: (Smith, Special Ref.) In addition, as a substantive matter, I would like to point out that the new Manual addresses our relatively recent change over from the Code of Professional Responsibility to the new Rules of Professional Conduct as the rules that govern attorney conduct. I must start by thanking the Law Reporting Bureau of the State of New York for inviting me to write the Foreword for the 2012 Style Manual. In this Bluebook Cheat Sheet, we've laid out the essential Bluebook elements and Bluebook examples for a few . . ), entered January 31, 2000. Verify the accuracy of the information in a summary against the record and/or opinion. . 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. 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. Compound words may be open (separate words, no hyphen), closed (spelled as one word) or hyphenated. Appeal from a judgment of the Supreme Court, New York County (Laura Drager, J. Include the court, omitting any information made redundant by the citation itself, pertinent jurisdictional information and year of decision for all full case references, including references to appellate history. Include other punctuation (comma, semicolon, etc.) Subsequent references to cases and statutes may be shortened as follows: Subsequent references to periodicals, treatises and similar works may be shortened by omitting the author's name or the title, in whole or in part, as follows: (Harper Lee, To Kill a Mockingbird 49-50 [1982]) [Initial], (David H. Kaye et al., The New Wigmore: Expert Evidence 4.5 at 148 [2004]) [Initial], When a subsequent reference is made to an immediately preceding authority, ", Where parallel citations are provided in the first reference, subsequent references that include a pinpoint page should supply the pinpoint page for each parallel citation. . . Supr., _ A.2d _, No. For example: In the Matter of S.M., Petitioner, v M.M., Respondent. The order granted defendant's motion to set aside the sentence imposed upon his conviction of kidnapping in the second degree. Table T1 lists the Pacific Reporter as the preferred reporter for California Supreme Court cases. Additional or revised forms of citation have been provided for commission and agency documents and materials (2.4 [b] [1]); statutes (3.1 - 3.3; Appendix 4); regulations, court rules and jury instructions (4.1 - 4.2); legal periodicals, treatises and other works (7.2 - 7.6); and legal documents such as transcripts, exhibits, affirmations and affidavits. Where the title of a legal treatise begins with language such as "Law of," "Handbook on" or "A Treatise on," that prefatory material is omitted from the citation title. ), entered July 29, 2001, which granted plaintiff's motion for summary judgment on the issue of liability. Cite the state reporter first, then the regional . West's New York Supplement N.E., N.E.2d, or N.E.3d (p.279) 4. If bracketed language replaces language omitted, do not indicate the omission with an ellipsis. When greater precision is desired, the following forms may be used: Judiciary Law former 434 provided . (Table 7 in a nutshell) Normally, the abbreviation for state intermediate appellate courts is "X Ct. App.," where X is the name of the state. In criminal actions, the prosecuting authority is usually described as "The People of the State of New York" and is referred to as Plaintiff. If there is a state reporter that prints the case in addition to a regional reporter, cite both the state and regional reporters ( Rule 10.3.1 ). individuals with disabilities, individuals with developmental disabilities, individuals with mental illness, individuals with autism or individuals with mental retardation). ), 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. The following citation rules are set forth in order to maintain uniformity throughout our publications. 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. All quotations, including blocked quotations, must be enclosed within quotation marks. . 3d. necessary for electronic citations. See the word list at Appendix 5. Bluebook help; Current State Court Abbreviations; Bluebook help. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, Schenectady County (Robert E. Lynch, J. In this format, citations in footnotes, if any, are styled as provided in section 1.2 (d). The two major instances in which a parallel citation may be needed are: 1. The 2012 Edition leaves largely intact the content of the 2007 Edition and 2009 Supplement. Guidance is now included for formatting data tables incorporated in decisions (13.3) and using supra and infra to cross-reference footnotes and sections of an opinion (12.6). . third-party or consolidated actions or proceedings) that are not part of the appeal. Some suggested forms are as follows: United States Constitution, article III, 3, article I ( 8 [3]) of the US Constitution, article I, 8 (3) of the US Constitution, Fourteenth Amendment of the United States Constitution, Fourteenth Amendment to the United States Constitution, US Constitution, article I, 8, clause 3, New York State Constitution, article XVI, 3. Appeals Transferred to the Appellate Division. Vincent C. Alexander (Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 6501 at 464 [2010 ed]) has indicated . *P.2d refers to Pacific Reporter 2nd. To provide a pinpoint citation, use a fixed reference point such as a location number. . Supreme Court opinions will have a citation to the U.S. Reports - the official reporter, and parallel citations to the unofficial reporters, . Appeal from an order of the Civil Court of the City of New York, New York County (Debra A. James, J. Electronic services (e.g. . Use of the Internet version is strongly recommended not only for updates, but also to gain the advantages of word searching, hypertext linking and coordinating use of the Manual with the Official Case Name and Citation Locator. According to the Reviser's Notes (McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227] at 292 [1967 ed]) . 3d 279 (2d Dist. . . . 10. N.Y.S.2d --- New York Supplement(NY) Supreme Court of Appeals of West . Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Raymond Shoemaker, J. 7444 [1970]), Warsaw Convention article 17 (49 US Stat 3000, 3018, reprinted following 49 USCA 40105), Convention for International Carriage by Air article 2 (reprinted in S Treaty Doc No. 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. Div. 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. (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] ). You may omit the court name if the reporter title clearly provides this information. Although some material in statutes and regulations is boldfaced, quotations of that material should be in normal type. During July of 2014, the parties entered into a contract. Avoid using "he" or "she" as a generic pronoun. Appeal from a judgment of the Onondaga County Court (Laura Maher, J. ]), , 2003 WL 22254692, *2 n 3, 2003 Tex App LEXIS 8550, *5 n 3 [Sept. 29, 2003, No. Mich. Ct. App. McKinney's Unconsolidated Laws of NY __. . (CJI2d[NY] Culpable Mental StatesIntent), (CJI2d[NY] Penal Law art 265, Intent to Use Unlawfully and Justification), (CJI2d[NY] Statements [Admissions, Confessions]Custodial Statements), (CJI2d[NY] Accessorial Liability [rev July 29, 2002]), (CJI2d[NY] Penal Law former 130.35 [1]), (CJI2d[NY] Capital Sentencing; Preliminary Instructions and Voir Dire), (CJI2d[NY] Defense, Justification: Use of Deadly Physical Force in Defense of a Person) [Note: replaces Penal Law 35.15]. 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