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 . Using decision type indicators is optional: References to courts within citations should be abbreviated as follows: Opinions scheduled for publication in the Official Reports are cited as follows: Parallel unofficial citations are not used for officially reported New York State cases. 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. ), 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. Omit the words "the Application of" and "for a judgment under CPLR article 78" in CPLR article 78 proceeding titles. Subdivision (1) of section 199 of the Town Law provides . (CPLR 5529 [e].
Roman numerals may be used alone or with text as a heading to delineate paragraphs or sections of an opinion. Judge Edward T. Bartlett of the Court of Appeals said . Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, New York State Legislature, Monroe County Legislature. 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]).
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. (CJI2d[NY] Culpable Mental States—Intent), (CJI2d[NY] Penal Law art 265, Intent to Use Unlawfully and Justification), (CJI2d[NY] Statements [Admissions, Confessions]—Custodial Statements), (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]. and the petitioning party is referred to as Petitioner and the opposing party as Respondent. Commercial statutory compilations often provide commentaries, statutory histories, reviser's notes, etc., following a statute or in an appendix. Rich, Practice Commentaries, McKinney's Cons Laws of NY, 2011 Electronic Update, Limited Liability Company Law at part 3.8), (Patrick M. Connors, 2013 Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3012-b, 2014 Pocket Part at 18). 2001 Opinions of the State Comptroller No. 2006-F4) [Note: formal opinion], (1932 Atty Gen [Inf Ops] 206) [Note: pre-1983], (1999 Ops Atty Gen No. The Advisory Committee Notes following CPLR 105 (reprinted in NY CLS, Book 4A at 48 [1999 ed]) provide background . Use the abbreviations listed in Appendix 4 as applicable. A website itself or specific content on a website may be cited. .
. For example: (11 Advisory Comm on Jud Ethics Op 91-68 [1991]), (Advisory Comm on Jud Ethics Op 06-82 [2006]) [Note: online opinions], (NY St Ethics Commn Advisory Op 94-21 [1994]), (NY St Bar Assn Comm on Prof Ethics Op 656 [1993]), (Bar Assn of Nassau County Comm on Prof Ethics Op 2-89 [1989]), (ABA Comm on Ethics and Prof Responsibility Formal Op 342 [1975]), (NY City Bar Assn Comm on Prof Ethics Formal Op 2011-2 [2011]), (AMA Code of Med Ethics, Ops on Prac Matters E-8.081), (2005 Ann Rep of NY Commn on Jud Conduct at 155), (53 Rec of Assn of Bar of City of NY at 450 [1998]). . Appeal from a judgment of the Supreme Court, New York County (Laura Drager, J. . Avoid language that implies that a person as a whole is disabled (e.g.
When emphasis in a source document is omitted from a quotation, add a parenthetical: (emphasis omitted). Subsequent references to an unconsolidated law's popular name or short title may appear in an abbreviated form (e.g. A. third-party or consolidated actions or proceedings) that are not part of the appeal. Model colloquy scripts prepared by the Unified Court System Committee for Criminal Jury Instructions and Model Colloquies are cited as follows. For example, if the statute refers to its "subdivisions," "subsections," "paragraphs," "subparagraphs," etc., use that terminology. Manual may be viewed online or downloaded. In an appellate action or proceeding title, omit captions of adjunct actions or proceedings (e.g. ADOPTION AND TERMINATION OF PARENTAL RIGHTS, In the Matter of the Acquisition of Real Property by the, CORPORATE DISSOLUTION (REHABILITATION OR LIQUIDATION), In the Matter of the Foreclosure of Tax Liens by the, GROUP LITIGATION (STOCK, ASBESTOS, LEAD PAINT, ETC. Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to prohibit respondents from trying petitioner in the Erie County Court on an indictment charging him with murder in the first degree. Both flush left and centered headings may be used in a single decision. 3. Otherwise, use only a period. Avoid using "he" or "she" as a generic pronoun. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Stuart C. Cohen, J. . Continuing previous efforts to eliminate useless citation formalities and to promote cleaner text, the rule (1.3 [a]) governing subsequent references to previously cited authority has been recast to encourage the use of short-form citations and. They may be used as a basis for formulating a summary. ), rendered January 31, 2000. The judgment was entered upon an order of that court (Bruce Wright, J. The judgment, after a nonjury trial, awarded possession to petitioner in a nonprimary residence holdover summary proceeding. A summary should, however, be composed in accordance with the Law Reporting Bureau's formulation rules. APPENDIX 7 — CITATIONAL FOOTNOTE STYLE (MODEL OPINION) Some electronic sources do not contain pagination; therefore, page references are not required when citing those sources. See Appendix 8 (A) (8).] The order denied defendant's motion for summary judgment and granted plaintiff's cross motion for summary judgment on the fifth cause of action and for an order extending his time to file a notice of trial. Judiciary Law § 434 (former [6]) provided . 1518 [1945]), Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (23 UST 2555, TIAS No. The order denied objections of the New York City Department of Social Services to an order of that court (Michael J. Fondacaro, H.E. . Although some material in statutes and regulations is boldfaced, quotations of that material should be in normal type. . (Charles M. Scanlan, The Clergyman's Hand-book of Law [Kindle ed]). ), 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. 02-07-23 [July 2002]) [Note: online opinions]. The Style Manual provides a guide for opinion writers and editors in five primary areas: citation, abbreviation, capitalization, quotation, and word style and usage.
), entered January 8, 2010, deemed from a judgment of that court entered January 26, 2010 (see CPLR 5501 [c]). When cited in running text, interior brackets are changed to parentheses: Former Penal Law § 210 (5) (a) provided . The Appellate Division remanded the matter to Supreme Court for determination of the remaining grounds for defendant's motion.
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