Where the source contains pagination, a page reference may be included if greater precision is desired. The Appellate Division remanded the matter to Supreme Court for determination of the remaining grounds for defendant's motion. Use the Citation Services to find the approved "cite-as" case names for citing New York The Appellate Division (1) reversed, on the law, a judgment of the Tompkins County Court (M. John Sherman, J. The order dated December 20, 1999 denied defendant's motion to hold plaintiff and its counsel in contempt. 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. General references to courts or their parts are not capitalized. in the event of more than five criminal defendants. When referred to by name, capitalize if full title is given, such as the Child Labor Amendment; Lowercase "plaintiff," "defendant," "appellant," "respondent," etc. Court name abbreviation. ), in favor of defendant, entered January 16, 2001. Administration. ), entered June 9, 2000 in an action to recover damages for medical malpractice. However, in a criminal action with multiple defendants, up to five defendants may be listed in the title followed by an "et al." 2020). PDF) that contains fixed pagination, paragraph numbering or location numbers. Created by. ), rendered June 24, 1999. Commas and periods are placed within the ending quotation mark; colons and semicolons are placed outside. APPENDIX 3 APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS Plaintiff did not sustain a serious injury (Insurance Law 5102 [d]). . . Until 1954, Oklahoma had its own official reporter called the Oklahoma Reports. Either the full name or the abbreviated name may be used in running text. 3. An author's name should be used in the citation if provided. All the months of the year, with the exception of May, June and July, should be abbreviated when used in parentheses or in footnote citations: (Sept. 1). I. According to the Rule, citations should contain: Case name. . Citations in legal writing serve two purposes: . 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. Commissioner of the New York City Department of Social Services, Acting Superintendent of Schools of Liverpool Central School District, New York State Department of State, Division of Licensing Services, Mill Creek Phase 1, Staten Island Bluebelt System, St. Paul Fire and Marine Insurance Company, Departmental Disciplinary Committee for the First Judicial Department, Attorneys in Violation of Judiciary Law 468-a. Full names of specific government bodies and officials are capitalized. The Ultimate Bluebook Case Citation Guide. Westlaw or Lexis) is permissible only when the case is not published in book form. Generally, where there is more than one party sharing the same status (i.e. Defendant moved pursuant to CPL 440.10 to vacate the judgment of conviction. 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]." Appeal from orders of the Civil Court of the City of New York, New York County (Eileen A. Rakower, J. For more than 50 years, the New York Law Reports Style Manual has been issued by the Law Reporting Bureau with the approval of the Court of Appeals as a guide for New York judges and their staffs in the preparation of opinions for publication in the Official Reports. Disciplinary proceedings instituted by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Administrative Code of the City of New York __. eds., 21st ed. . Defendants, Appellants), only the name of the first named party of that status should appear in the title followed by "et al." The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for further discovery. Energy Law 12-103 (as added by L 1978, ch 649, 1, as amended by L 1980, ch 556, 1) provides . . 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. Style A summary should be styled in accordance with the Official Reports Style Manual. . Include the e-book edition and the type of e-reader used. Send them to: reporter@courts.state.ny.us. Slip opinions scheduled for publication in the print Official Reports are cited as indicated in section 2.2 (a) (8). Add a page reference or other pinpoint citation if desired after the description. Otherwise, hyphenate a prefix to a root word only where ambiguity might otherwise result (e.g. "Forty-five men were injured in the battle"). If the source is Westlaw or Lexis, and access to both is available, cite both services: Citation for tabular cases where the full text is published only on Westlaw and Lexis: (1996 WL 138583, *3, 1996 US App LEXIS 8610, *9). Place the ellipsis before the punctuation if the omitted material precedes the punctuation (word . 4911 III-A-2), (NY City Campaign Fin Bd Advisory Op No. . The name of the author may be added if desired: (9 Ops Counsel SBEA No. United States Supreme Court Reports, Lawyer's Edition First Series, L.E. "(NJ Stat Ann)"; however, in running text, either the abbreviation or the full name, e.g. ), "New York decisions shall be cited from the official reports, if any." State court decisions with the I am so pleased to recognize our outstanding State Reporter, Bill Hooks, who succeeded to the position in June 2009. Other revisions reflect a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. , next word). third-party or consolidated actions or proceedings) that are not part of the appeal. Bluebook Quick Reference: Abbreviations and How-tos. ), entered July 10, 2001 and April 30, 2002. Supreme Court Abbreviations State: Supreme Court Abbreviations (or court of last resort) Alabama . . 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. 02-07-23 [July 2002]) [Note: online opinions]. In a footnote containing text, citations in running text or within parentheses may be used. 3d. Citation to either the annotated or unannotated compilation is acceptable. Although each is a "Respondent," their statuses are different (the first being Respondents in an Appellant/Respondent context, the second a Respondent in the Petitioner/Respondent context) and accordingly they are not combined in the title.]. Put the following information in correct Bluebook citation form. Do not use an ellipsis at the beginning of a quotation. Place the citation in the footnote and eliminate the parentheses enclosing the citation. . A. . 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. If the quotation contains language that is already quoted (a quotation within a quotation), the previously quoted language may be enclosed within single quotation marks ('). Test. Cal. ), 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 DivisionFinal Judgment of Administrative Agency. . The full names of courts ("City Court of Albany") or their parts ("Housing Part") should be capitalized. Experiential Legal Writing I - Citations Quiz INSTRUCTIONS Put the following information in correct Bluebook citation form. Justice Courts (Sometimes referred to as a Town or Village Court, these are properly stated as Justice Court of the respective town or village.). The Code of Federal Regulations is cited within parentheses as follows: Include date if greater precision is required, as follows: Federal Rules of Civil Procedure rule 4 (b), Federal Rules of Criminal Procedure rule 8 (a), Federal Rules of Evidence rule 804 (b) (6), Federal Rules of Bankruptcy Procedure rule 9007, Federal Rules of Appellate Procedure rule 10. The style for joint alterations and omissions has been added to rule 11.1 (d). They are cited as follows: (McKinney's Cons Laws of NY, Book 1, Statutes 51), (McKinney's Cons Laws of NY, Book 62, UCC 2-716, NY Annotations at 258 [2002 ed]), (McKinney's Cons Laws of NY, Book 2, Constitution, Constitutional Interpretation 43 [1969 ed]), (David D. Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1), (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), (Reviser's Notes, McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227] at 292 [1967 ed]), (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), (McKinney's Cons Laws of NY, Book 1, Statutes 94, Comment at 190 [1971 ed]), (Bruce A. 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. 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. ), 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. ; date of the decision, in parentheses (in the same set of parentheses as the . A number of opinions not selected for full publication in the Miscellaneous Reports are published in abstract form in the printed Miscellaneous 3d Reports and in full text in the Slip Opinion Service and online Official Reports. ), entered September 25, 2000. Proceedings Transferred to the 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. 4. 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. All exceptions to the Bluebook guidelines are listed below. art. E-books are cited as indicated in section 7.9. Material; Arbitrations; Court Rules; Books . Appeal from (1) an order of the Civil Court of the City of New York, New York County (Rolando T. Acosta, J. During the summer and school breaks, there is no evening or weekend reference service. Court Help DIY Forms. VI, 7. In accordance with standard authorities, revised rules clarify that pertinent court and jurisdictional information should be included with full case citations (1.1 [a]) and that using full names of authors of secondary authority is preferred (7.1 [b]). ), "Where New York authorities are cited in any submissions, New York Official Law Report citations shall be included, if available." the case name, the volume and page number of the case reporter in which the case is found, a court designation and. Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Raymond Shoemaker, J. Variations may be required in certain titles. Cal. Case names for the Supreme Court of the United States cases are found on the Supreme Court website at. Reargument of a decision of the Appellate Division of the Supreme Court in the Third Judicial Department, dated May 22, 2002. 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. . Hyphenate an adjectival phrase formed of two or more words preceding the noun modified only where ambiguity might otherwise result. Penal Law 125.25 (1) (a) and (b) provide . In claims against the State, the prosecuting party is referred to as Claimant and the State as Defendant. Some basic rules apply to the court and date portion of case citations: State Courts - Include both the name of the state and the name of the court, omitting the court name if it is the highest court in the jurisdiction. 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). . ). . 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). INTRODUCTION There is no one prevailing source for citation of legal authorities in documents filed in New York courts. . See Appendix 8 (A) (8).] Furthermore, use any abbreviations provided in an out-of-state compilation's prescribed form of statutory citation. Paragraph (a) of Town Law 199 (1) provides . Main Facility. 39 [1991] of City of NY), (4th Rep of Temp St Commn on Estates, 1965 NY Legis Doc No. . These jurisdictional statements are not part of the opinion itself and are not published as part of the opinion. : The same case with a pinpoint cite cited to an Illinois Court: People v. Harston, 23 Ill. App. (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), 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, (Rules of Ct of Appeals [22 NYCRR] 500.11), Rules of the Court of Appeals (22 NYCRR) 500.11, (Rules of App Div, 2d Dept [22 NYCRR] 670.3), Rules of the Appellate Division, Second Department (22 NYCRR) 670.3, (Uniform Rules for Trial Cts [22 NYCRR] 202.5), Uniform Rules for Trial Courts (22 NYCRR) 202.5, (Uniform Rules for Sur Ct [22 NYCRR] 207.6), Uniform Rules for Surrogate's Court (22 NYCRR) 207.6, (Rules of Chief Admin of Cts [22 NYCRR] 130-1.1), Rules of the Chief Administrator of the Courts (22 NYCRR) 130-1.1. For California Court of Appeals cases, use Cal. . Shareholder Derivative Litigation, Commissioner of New York State Office of Mental Health, Public Service Commission of the State of New York, Suffolk County Department of Social Services, Intermediate Term Taxable Bond Fund of Chemical Bank, 321 Henderson Receivables Limited Partnership, Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003, Family and Children's Society of Broome County, Tax Appeals Tribunal of the State of New York, Warden of Rikers Island Correctional Facility, Family Court of Onondaga County; Surrogate's Court of Broome County, http://www.nycourts.gov/reporter/styman_menu.htm, http://www.nycourts.gov/reporter/Citator_Menu.htm, http://www.supremecourt.gov/opinions/casefinder.aspx, Handbook 4350.3 REV-1, ch 5, 5-5 [A] [1]), "New York decisions shall be cited from the official reports, if any." . North Carolina : North Carolina Supreme Court: N.C. North Carolina Court of Appeals: re-present, not represent; re-serve, not reserve). Supreme Court opinions will have a citation to the U.S. Reports - the official reporter, and parallel citations to the unofficial reporters, . TSB-A-O6[2]M), (2000 NY PSC Op No. Consider, for example, the following citation: New York Times Co. v. Tasini, 533 U.S. 483 (2001) The elements are . . When multiple constitutional clauses are discussed, the word "Clauses" is capitalized: Takings and Due Process Clauses. Where the form of statutory citation omits the section symbol (e.g. The 2012 Edition leaves largely intact the content of the 2007 Edition and 2009 Supplement. 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. 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]. . 1972). A citation to an electronic source requires information identifying the particular material referenced, and is likely also to require information about the location where the source of that material may be accessed (e.g. Supreme Court Reporter (S.CT) and . Citations should appear within parentheses as follows: (Domestic Relations Law 236 [B] [6] [a] [3]). . Title 1 of article 3 of the RPTL provides . 3-2011 of the County of Nassau [Note: use the numbering format used by the municipality. New York County Courthouse 60 Centre Street New York, NY 10007 646-386-3600. Quotations in Appellate Division memorandum decisions are not blocked. 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. The Appellate Division modified, on the law, an order of the Supreme Court, New York County (Beatrice Shainswit, J. Permission of Associate Judge of Court of Appeals. The rule (12.4) on redaction of personal identifying information has been revised to accommodate heightened privacy and security concerns driven by greater accessibility of electronic judicial decisions. Uniform Commercial Code 3-305, Comment 6, Volunteer Ambulance Workers' Benefit Law __. . ), dated November 12, 2009. . 3d 279 (2d Dist. Oklahoma. 90-345, slip op. General references to government bodies and officials should not be capitalized: The full names of states and their political subdivisions should be capitalized: The word "state" standing alone should be capitalized only when the word it modifies is capitalized, when referring to a state as a party or when referring to a state acting in its governmental capacity. 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. There is no space between adjacent single-letter abbreviations used in either case names or titles of actions and proceedings. Appeal from an order of the Supreme Court, Westchester County (Steven Pagones, J. Self-Represented Legal References . handicapped or mentally deficient). New York City Bar Association Committee on Professional Ethics Formal Opinion 2011-2 (2011) provides . The Reference Desk is in the Atrium of the Williams Library on the main floor. . The use of small capitals in the text of opinions and footnotes has been eliminated (13.5). 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. The judgment convicted defendant, upon his plea of guilty, of attempted kidnapping in the second degree. Match. : Urban Development Corporation Act, Emergency Tenant Protection Regulations, Zoning Ordinance of the Town of Bedford. . ), entered April 12, 2002. Also, where a party is identified solely by a person's governmental office (e.g. 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.) 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. 8. According to Constitutional Interpretation 43 (McKinney's Cons Laws of NY, Book 2, Constitution [1969 ed]) . Home; Nonconsecutively Paginated Periodicals - Abbreviations . Appellant or Respondent. State's 2 letter postal code. 1 at A-14 [Apr. 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. (If there are multiple plaintiffs, only list the first party in each category). or (And a Third-Party Action.). The "sentence" clause should be included only when the sentence itself is the subject of the appeal. 96-12 at 31) [Note: online opinions], (36 Ed Dept Rep 508 [Decision No. 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. Use an ellipsis followed by a period to indicate one or more words omitted at the end of a quoted sentence if the quoted portion that remains is an independent clause (last quoted word . . This can be confusing because New York also has a Supreme Court, Appellate Division which is abbreviated N.Y. App. Links to other sites, or links to this site by any other sites, do not imply any endorsement of, or relationship with, such other sites. Capitalize in accordance with standard authorities, except as noted below. They are cited as follows: Cite unreported cases not published in the New York Slip Opinion Service in the following manner, including any information that would be useful in identifying the case: 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: For online version of New York Law Journal: Where the choice lies between an unofficial report that is current and a discontinued unofficial report, the current report should be cited: Supreme Court of the United States cases are cited from the United States Reports where available: Include whatever optional information is desired: 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: Cite other federal court decisions as follows: Out-of-state cases are cited to the state official reports where available, followed by the parallel National Reporter System citation: 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: 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: When a public domain citation is provided, supply a parallel citation to a published source: If the only source is a website, supply additional information using section 2.4 (a) (3).
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