Use the style of personal names as given in the record or briefs. When using the citational footnote style, citations that appear within textual footnotes should not be placed within parentheses. 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]." . ), entered December 20, 2000. Consistency A summary should be consistent with the description of the appeal contained in the opinion and with the court's decretal or ordering paragraph. 1963.Periodical. . Lowercase complaint, answer, bill of particulars, interrogatories, separation agreement, opinion, qualified domestic relations order, temporary restraining order. Plaintiff did not sustain a serious injury (Insurance Law 5102 [d]). ), which had convicted defendant, upon a jury verdict, of sodomy in the second degree (two counts), rape in the second degree (two counts), and endangering the welfare of a child, and (2) remitted the matter to Tompkins County Court for a new trial. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Stuart C. Cohen, J. Within parentheses the name of the statutory compilation should be abbreviated, e.g. Hyphenate an adjectival phrase formed of two or more words preceding the noun modified only where ambiguity might otherwise result. The parties were married on Thanksgiving Day 1993. APPENDIX 7 CITATIONAL FOOTNOTE STYLE (MODEL OPINION) The order dated December 20, 1999 denied defendant's motion to hold plaintiff and its counsel in contempt. Place the ellipsis after the punctuation if the omitted material follows the punctuation (word, . Subsequent references to an unconsolidated law's popular name or short title may appear in an abbreviated form (e.g. 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. In an appellate action or proceeding title, omit captions of adjunct actions or proceedings (e.g. 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. Tax Law 1132 (e) and 1139 (a) and 20 NYCRR 534.7 provide . 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 . at 6 (D. Mass. Bluebook. The parenthetical "cleaned up," while perhaps unfamiliar, is being used with increasing frequency to indicate that internal quotation marks, alterations, and/or citations have been omitted from a . 90-345, slip op. . ), rendered July 27, 1999. The order dated January 21, 2000 directed nonparty appellant to pay sanctions of $7,500 to the Lawyer's Fund for Client Protection and attorney's fees of $2,100 to plaintiff's counsel. PDF; WHAT AND WHY? Westlaw or Lexis) is permissible only when the case is not published in book form. In addition, if a suit is brought "on Behalf" of an entity or "by" a representative, official or guardian, this should be so designated. Variations may be required in certain titles. . Learn. The judgment granted the petition and directed that petitioner's sentences be served concurrently. "Attorney General of the State of New York"), the name of the officeholder need not be supplied. If a case has not been officially reported, formulate a case name using the citation naming conventions found in standard citation manuals and apply the abbreviations listed in Appendix 1. . "New Jersey Statutes Annotated," may be used. 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. 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. In claims against the State, the prosecuting party is referred to as Claimant and the State as Defendant. TSB-A-O6[2]M), (2000 NY PSC Op No. Bill is no stranger to the Law Reporting Bureauhaving started his career there in 1981and I know he will continue the great tradition of providing impeccable service for the entire Unified Court System. Appeal from a judgment of the Supreme Court, New York County (Laura Drager, J. If a party is sued or suing in a representative or official capacity, that capacity should be set forth in the title. 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. . 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. Additionally, it specifies for editors the format and typographical standards for the Reports. 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. Include the city, village or town of the firm, legal organization or attorney(s) appearing for each party, when available. Please disable Adblock to best experience our website. This Manual supplements general citation and style authorities, providing more detail on New York materials and a more specific focus on judicial opinions. 4th. Cite to either (but not both) Westlaw or Lexis, or by case number as established by local usage. The BlueBook offers guidance for public domain citations ( See Rule 10.3.3 - Public Domain Format). Recurrent style inconsistencies have been addressed for pinpoint citation of single page decisions (2.2 [a] [2]) and the description of divisions of a statute in running text (3.1 [b] [1] [b]). As explained in Brett S. Ward, Practice Insights (NY CLS, Book 44, Family Ct Act 1051, 2008 Cum Supp at 224) . Chancellor Kent's opinion pointed the way . These authorities include: The Bluebook: A Uniform System of Citation (19th ed 2010), Association of Legal Writing Directors & Darby Dickerson, ALWD Citation Manual (4th ed 2010), Bryan A. Garner, The Redbook: A Manual on Legal Style (2d ed 2006), The Chicago Manual of Style (16th ed 2010), Webster's Third New International Dictionary (2002), Gerald Lebovits, Advanced Judicial Opinion Writing (7.4 ed 2004), Richard C. Wydick, Plain English for Lawyers (5th ed 2005). In general, cases are cited by giving. Citation to the Appellate Division. The Justice reasoned . Citation to Internet; Information Below is a list of State Supreme Court and Court of Appeals abbreviations. Separate two authors' names with an ampersand. ]), , 2003 WL 22254692, *2 n 3, 2003 Tex App LEXIS 8550, *5 n 3 [Sept. 29, 2003, No. A short-form reference may be used for subsequent citations to the same statute. Privacy interests of individuals should be protected by omitting irrelevant references to personal identifying information and redacting necessary references. People v. Anderson, 493 P.2d 880, 881 (Cal. the Chair of the Public Service Commission. . Web. 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." Test. 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). The judgment dismissed the action. The Law Reporting Bureau welcomes suggestions for improvement of the Style Manual. Bluebook: Court names (Table 7) Court name abbreviations. ), entered September 25, 2000. The latest edition of The Chicago Manual of Style is the authority for punctuation and style matters. Certain courts provide jurisdictional statements that resemble summaries. It will typically comprise more than one sentence and should be formulated with an emphasis on concision and clarity. | 3d Dept | 4th Dept. David D. Siegel, Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) explains . To add emphasis to a quotation, use italics and add a parenthetical: (emphasis added). Instead you might: This section is based upon New York State Judicial Committee on Women in the Courts. Add the date of the version being cited, and provide the word "CD-ROM" in a parenthetical if "CD-ROM" is not mentioned in the title. The order granted defendant's motion to dismiss the counts of the indictment charging him with kidnapping in the second degree. See Appendix 8 (A) (8).] Ordinarily, spell out numbers that begin a sentence (e.g. Defendant was sentenced to a determinate prison term of 3 years. . ), entered December 22, 2005, after a nonjury trial, which had dismissed the petition in a holdover summary proceeding, and (2) an order of that court, entered on or about March 27, 2006, which had denied petitioner's motion to vacate the attorneys' fees award, and modified a judgment of that court, entered March 2, 2006, to the extent of reducing those fees. Cal. Example: Mercy Hospital and Medical Center v. Verify the accuracy of the information in a summary against the record and/or opinion. (Rules of App Div, 1st Dept [22 NYCRR] 600.10 [a] [11]. 13,787] [Note: decisions in volumes 1-49], New York State Labor Relations Board, Decisions and Orders of, New York Superior Court Reports (by Reporter), Public Employment Relations Board Reports, Public Service Commission of New York, Reports of, Public Service Commission of New York, First District, Proceedings of, Public Service Commission of New York, Second District, Reports of Decisions of, Thompson and Cook's Supreme Court Reports, Federal Claims Reporter [1992-date] [see also US Court of Claims Reports and US Claims Court Reporter], US Claims Court Reporter [1982-1992] [see also US Court of Claims Reports and Federal Claims Reporter], US Court of Claims Reports [1863-1982] [see also US Claims Court Reporter and Federal Claims Reporter], US Reports (by Reporter, up to and including 90 US), US Supreme Court Reports, Lawyers' Edition, Alabama Appellate Court Reports [1910-1976], Arizona Court of Appeals Reports [1965-1976], Cal App, Cal App 2d, Cal App 3d, Cal App 4th, California Appellate Reports Supplement Series, Cal App Supp, Cal App 2d Supp, Cal App 3d Supp, Cal App 4th Supp, Colorado Court of Appeals Reports [1891-1915; 1970-1980], Connecticut Appellate Reports [1983-date], Illinois Appellate Court Reports [1877-2011], Illinois Court of Claims Reports [1889-date], Indiana Appellate Court Reports [1890-1979], Kansas Court of Appeals Reports [1895-1901; 1977-date], Louisiana Courts of Appeal Reports [1924-1932], Massachusetts Appeals Court Reports [1972-date], Michigan Court of Appeals Reports [1965-date], New Jersey Superior Court Reports [1948-date], North Carolina Court of Appeals Reports [1968-date], Oregon Court of Appeals Reports [1969-date], Pennsylvania Commonwealth Court Reports [1970-1994], Pennsylvania District and County Reports [1921-date], Pa D & C, Pa D & C 2d, Pa D & C 3d, Pa D & C 4th, Pennsylvania Superior Court Reports [1895-1997], Tennessee Court of Appeals Reports [1925-1971], Virginia Court of Appeals Reports [1985-date], Washington Court of Appeals Reports [1969-date], B. Repealed or Superseded New York Statutes. Quotations of 50 words or more in opinions must be blocked. Appeal from an order of the Family Court of Richmond County (Ralph J. Porzio, J. Appellate motion decisions published online but not in the print Official Reports are cited as indicated in section 2.2 (b) (2). . ; The Whitepages section: citation rules for legal academic publications, including law journal articles. 12. ), 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. See R. 15.8 (p.155), B15.1 . Official New York Case Name and Citation Locator. Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 14, 1995. ), entered September 7, 2001. . II. During the summer and school breaks, there is no evening or weekend reference service. is the basic citation resource for Washington appellate court opinions except as noted below.. General authorities should be consulted on matters not covered by this Manual. ), entered January 31, 2000. . Jan Wojtowicz, Jr., Respondent, et al., Plaintiffs, v Agnes Sweeney, Defendant, and Sol Zigman, Appellant. . McKinney's Unconsolidated Laws of NY __. (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. Multiple-paragraph quotations have quotation marks only at the beginning of each paragraph and at the end of the last paragraph. In citations of multiple sections of a statute, place two section symbols before the first section cited. Electronic Resources; Judicial Opinions; Constitutions & Statutes; Agency & Exec. The style for joint alterations and omissions has been added to rule 11.1 (d). ), 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. . All quotations, including blocked quotations, must be enclosed within quotation marks. 10. For this rule, the following is an example of the Bluebook's citation to the Court of Appeals: Kenford Co. v. County of Erie, 73 N.Y.2d 312, 537 N.E.2d 176, . 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. Citations in legal writing serve two purposes: . Capitalize the popular names of federal and state acts and constitutional clauses, for example: Dead Man's Statute, No-Fault Law, Federal Clean Water Act, Due Process Clause, Equal Protection Clause, Gift or Loan Clause, Speech or Debate Clause. . 3. For California Court of Appeals cases, use Cal. 2d Cal. Defendant was sentenced to 15 years' imprisonment. (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. Verification A summary should be verified against the record on appeal whenever possible. [6] In contrast, both the New York Court of Appeals and the Appellate Division when it sits . . Let's presume that this is the writer's first reference to the diminution in value rule, and the writer . Roman numerals may be used alone or with text as a heading to delineate paragraphs or sections of an opinion. 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. . Justice Courts (Sometimes referred to as a Town or Village Court, these are properly stated as Justice Court of the respective town or village.). D. Sample Forms of Summaries: Appellate Term. North Carolina Supreme Court: N.C. North Carolina Court of Appeals: N.C. Ct. App. ), entered January 8, 2010, deemed from a judgment of that court entered January 26, 2010 (see CPLR 5501 [c]). 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. 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. ), 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. When emphasis in the source document is retained in a quotation and the author wishes to add further emphasis, use italics and add a parenthetical, such as: (additional emphasis added). Former section 434 of the Judiciary Law provided . ), "Where New York authorities are cited in any submissions, New York Official Law Report citations shall be included, if available." [for Judicial Hearing Officer]. 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. If none of the samples squarely addresses the procedural posture of an opinion, adapt the closest sample to the posture presented. Appeal from an order of the Civil Court of the City of New York, New York County (Jerald R. Klein, J. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 28, 1995. 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 rules for citing the court and year are fairly simple, but do include some exceptions. reporter, citing out-of-state cases by name of. Opinions published in the online version of the New York Law Journal are cited as indicated in section 2.2 (b) (3). The Bluebook is the guide to citing legal documents in the United States. N.Y.S.2d --- New York Supplement(NY) Supreme Court of Appeals of West . 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.) If the format of an electronic source prevents precise citation to particular material referenced, add the necessary navigation instructions to the citation. 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. As an alternative to the traditional format, citations may be placed exclusively in footnotes using the citational footnote style ( 1.2 [e]). Appeal from a judgment of the Supreme Court, New York County (Ira Gammerman, J. 3d 279 (2d Dist. Prince's Bieber Dictionary of Legal Abbreviations, NYU Law School . NEW YORK CITATIONS A. Supreme Court example: Name v. Other Name, 2001 WI 5. Cite English language constitutions by country or state. Determination of State Commission on Judicial Conduct. Add pinpoint citations, if any, after the precise identifier. . The rules for citing specific types of electronic sources appear in the sections listed below. "N.Y.2d" is the abbreviation for the New York Reports, the reporter . in-text citation: Roe v. Wade, 410 US 113-178. Furthermore, use any abbreviations provided in an out-of-state compilation's prescribed form of statutory citation. An example of a proper Supreme Court citation using the Manual is: Brown v Bd of Ed of Topeka, Shawnee Cty, Kan, 347 US 483, 489-90; 74 S Ct 686, 689; 98 L Ed 873 (1954). Appeal, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 22, 1996. . Also keep in mind that questions are not related to each other unless otherwise noted. The amended judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree and resentenced him to a three-year term of probation. The Bluebook has two sections: The Bluepages section: citation rules for documents written by practitioners, like legal memoranda and court filings. ), rendered January 31, 2000. VI, 7. A. 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 . Stephen, J. Appeal from a judgment of the Supreme Court, New York County (Louis York, J. Until 1954, Oklahoma had its own official reporter called the Oklahoma Reports. Legal & News; Types of law; . ), entered September 15, 2000, in favor of defendant. A website itself or specific content on a website may be cited. The form is: (Town Law 198, 199 [1] [a], [b]; [3]; 200). It is used in most United States law schools and court systems to properly cite and abbreviate court cases in parenthetical citation sentences of legal documents. . In addition, the relevant jurisdiction's designation of statutory divisions should be used. The judgment convicted defendant, upon a jury verdict, of sexual abuse in the third degree. Cal. MLA citation style: Brennan, William J., Jr, and Supreme Court Of The United States. . Rptr. underscoring, boldface), retain that style. 2001-3 provides . For example: In the Matter of S.M., Petitioner, v M.M., Respondent. ), rendered September 26, 2001. Recovery under Labor Law 200 and 240 is conditioned upon . Home; Current State Court Abbreviations; . Some suggested forms of ascending hierarchy citations in running text are as follows: Town Law 199 (1) (a) and (3) provide . Names of newspapers, magazines, books, etc., appearing in text should not be italicized. 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A ] [ 11 ] subsequent citations to the posture presented, book 7B, CPLR C3219:1 explains. Granted the petition and directed that petitioner 's sentences be served concurrently had its official... A more specific focus on Judicial opinions Appeals of West be served concurrently Matter of S.M. petitioner. 2000, in favor of defendant and Sol Zigman, Appellant or Lexis ) is permissible when!, magazines, books, etc., appearing in text should not be placed within the. In citations of multiple sections of an electronic source prevents precise citation to particular material referenced, add the navigation... Etc., appearing in text should not be italicized lowercase complaint, answer, bill of,. Against the record and/or opinion use italics and add a parenthetical: ( emphasis added ). academic. Relations order, temporary restraining order Stuart C. Cohen, J domain citations ( See 10.3.3. Omitted material follows the punctuation if the omitted material follows the punctuation if the omitted material follows punctuation. Appeals abbreviations electronic sources appear in an abbreviated form ( e.g ( Cal, et al., Plaintiffs v!
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