), entered September 7, 2001. To construct short form citations for cases, refer to Rule 10.9. 10. 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. Use the statute's terminology when specifying its divisions. 1 Danann Realty Corp. v. Harris, (1959) 5 N.Y.2d 317. The judgment convicted defendant, upon a jury verdict, of aggravated unlicensed operation of a motor vehicle in the second degree. Citations should appear within parentheses as follows: (Domestic Relations Law 236 [B] [6] [a] [3]). As stated in article 23, title 27 of the Environmental Conservation Law . Some suggested forms of statutory citations in running text are as follows: Section 199 of the Town Law provides . 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. The Justice reasoned . a website or an online service). In citations of multiple sections of a statute, place two section symbols before the first section cited. (Homeland Security Act of 2002, 6 USC 101, (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), Homeland Security Act of 2002 (6 USC 101, Title VII of the Civil Rights Act of 1964 (42 USC, ch 21, 2000e, Section 208 of the Social Security Act (42 USC 408), This principle is contained in title VII of the Civil Rights Act of 1964 (42 USC, ch 21, 2000e, (57 Fed Reg 48451 [1992], codified at 15 CFR 1150.1, (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), (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). The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for further discovery. 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. 4 [1984] of Village of Wesley Hills 2) and storing more than one unregistered vehicle on a residential lot (Local Law No. NY Model Colloquies, Bail Admonitions provides . In impleader situations, Third-Party Plaintiff-Appellant, Third-Party Defendant-Respondent and the like should be used. . U.S. Reports: New York Times Co. v. Sullivan, 376 U.S. 254. 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. Appellant and Respondent. In an appellate action or proceeding title, omit captions of adjunct actions or proceedings (e.g. Months should be spelled out when part of a textual sentence in footnotes. . Treaties signed since 1949 are contained in and may be cited to United States Treaties and Other International Agreements (UST) (the official source). All cases are being cited in citation sentences. eds., 21st ed. Add pinpoint citations, if any, after the precise identifier. If you prefer to search by State Supreme Court or Court of Appeals exclusively, click on the links in the left hand . Appeal from an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J. ), entered January 16, 2001, and (2) the judgment entered upon the order. 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. 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. CPLR 5601 (b) (1)Constitutional GroundsAppeal from Appellate Division. During July of 2014, the parties entered into a contract. For counting purposes, words include articles, symbols and numbers. The judgment convicted defendant, after a nonjury trial, of stalking in the fourth degree. 10.2 [a] [5] [specifying "15 years' imprisonment," not "15 years imprisonment"]). Each Third Series record is hyperlinked to the full text of the decision on the Law . 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. . 25, (Dept of Corr & Community Supervision Directive No. the case name, the volume and page number of the case reporter in which the case is found, a court designation and. 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. Capitalize in accordance with standard authorities, except as noted below. Also see examples of case names in Appendix 6. The rules on capitalization are essentially unchanged and reflect the modern practice to avoid excessive capitalization. Appeal from a judgment of the Supreme Court, Bronx County (Norma Ruiz, J. . Supply case name information where applicable. . 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]. It also prescribes the style applied by the Law Reporting Bureau in editing the opinions for publication in the Reports. The rules for citing the court and year are fairly simple, but do include some exceptions. . 2 Revised Statutes of New York, part IV, ch I, tit I, 5 (3) at 657 (1st ed 1829), Central Register of Child Abuse and Maltreatment. The order affirmed (1) an order of the Civil Court of the City of New York, New York County (Kevin C. McClanahan, J. 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. . 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]), (Emergency Tenant Protection Act of 1974 [ETPA] 5 [McKinney's Uncons Laws of NY 8625 (L 1974, ch 576, sec 4, 5, as amended)]), 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), (Model Penal Code 210.2 [Proposed Official Draft 1962]), (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]). model codes, proposed codes and uniform laws. The term "citation within parentheses" refers to any citation that appears entirely within parentheses. See the word list at Appendix 5. (e.g. Capitalize only proper nouns and adjectives: Lowercase references to numbered items, such as indictments, interrogatories, apartments, indexes, etc. However, in a criminal action with multiple defendants, up to five defendants may be listed in the title followed by an "et al." Create a data table in an opinion by using a word processor's table formatting features rather than manually inserting spaces or tabs. ), In the Matter of the Ancillary Receivership of, In the Matter of the Judicial Settlement of the Final Account of Proceedings of, In the Matter of the Judicial Settlement of the First Intermediate Accounts of Proceedings of, In the Matter of the Judicial Settlement of the Account of, STOCKHOLDERS' DERIVATIVE AND REPRESENTATIVE ACTIONS, ORTIZ v VARSITY HOLDINGS LLC [18 NY3d 335], Argued November 14, 2011; decided December 20, 2011. legal periodicals, treatises and other works. West's New York Supplement N.E., N.E.2d, or N.E.3d (p.279) 4. The judgment convicted defendant, upon his plea of guilty, of attempted kidnapping in the second degree. See section 13.7. 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" (. Official New York Case Name and Citation Locator. Appellate motion decisions published online but not in the print Official Reports are cited as indicated in section 2.2 (b) (2). It will typically comprise more than one sentence and should be formulated with an emphasis on concision and clarity. VI, 7. 1 at A-14 [Apr. Self-Represented Legal References . This rule may require redaction of the names of witnesses or other nonparties who are referenced in text. State's 2 letter postal code. ), rendered January 31, 2000. Supreme Court of the United States. They may be used as a basis for formulating a summary. Separate more than two with commas and an ampersand before the final name or place the phrase "et al." (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. Where a proceeding commenced in Supreme Court is transferred to the Appellate Division, the parties are designated Petitioner and Respondent, not Appellant and Respondent. Defendant was sentenced to a determinate prison term of 3 years. Tax Law 1132 (e) and 1139 (a) and 20 NYCRR 534.7 provide . 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]). 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Emerson, J the left hand include!: Lowercase references to numbered items, such as indictments, interrogatories, apartments indexes... N.E.3D ( p.279 ) 4, N.E.2d, or N.E.3d ( p.279 ).! The Court and year are fairly simple, but do include some.! Convicted defendant, after the precise identifier postal code in an appellate action or proceeding title, captions...