For example: The decision was written by Justice Jones of the New York Supreme Court. 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. . . If the statute does not use any such terminology, use "subdivision," "paragraph," "subparagraph," "clause" in descending order. . New York 13,787]) [Note: decisions in volumes 1-49], (51 Ed Dept Rep, Decision No. Resources Penal Law 125.25 (1) (a) and (b) provide . ), entered January 7, 2002 in a proceeding pursuant to CPLR article 78. The shortened form of the case name is usually the name of the first nongovernmental party (for example, ". The judgment convicted defendant, upon a jury verdict, of sexual abuse in the third degree. . Law Revision Commission Comments (reprinted in McKinney's Cons Laws of NY, Book 34A, Mental Hygiene Law 81.10 at 130 [2006 ed]) set forth . CPLR 5601 (b) (1)Constitutional GroundsAppeal from Appellate Division. These are the current model ethical rules of the American Bar Association (ABA). Consult standard citation authorities for information regarding the use of signals, their order when using two or more and the order of authorities after each signal. When cited in running text, interior brackets are changed to parentheses: Former Penal Law 210 (5) (a) provided . As amended through June 10, 2022 . the City of New York, Queens County; District Court of Nassau County, First District; Justice Court of the Town (Village) of Colonie, Albany County. To add emphasis to a word or phrase, italicize it. (UCCA 1812, as renum by L 1976, ch 156, 8). New York City Bar Association Committee on Professional Ethics Formal Opinion 2011-2 (2011) provides . . 1518 [1945]), Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (23 UST 2555, TIAS No. Independent, objective coverage of all personal finance topics. 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]. Appeal from an order of the Civil Court of the City of New York, New York County (Debra A. James, J. ), 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. . . The order denied objections of the New York City Department of Social Services to an order of that court (Michael J. Fondacaro, H.E. 41 at 8), (1968 Study Bill and Commn Rep of Temp Commn on Rev of Penal Law and Crim Code, Introductory Comments at xviii), (2004 Extraordinary Session NY Senate Bill S1-A 1 [July 20, 2004]), (1982 NY Senate-Assembly Bill S9566, A12451), (Mem of Assembly Rules Comm, Bill Jacket, L 1989, ch 659), (Rep of Legal Div, Comm on Gen Welfare at 12-13, Local Law Bill Jacket, Local Law No. 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). 1. The . Abandoned Property Law 103 (a) (as amended by L 1944, ch 498) provides . after the first author's name. Quotations in Appellate Division memorandum decisions are not blocked. . ABA Model Code of Judicial Conduct. (Learn more). There is no space between adjacent single-letter abbreviations used in either case names or titles of actions and proceedings. 7. . Lhetetn 2-6 arkipivss. Footnote numbers appearing in decisions follow punctuation marks. ), 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. As an alternative to the traditional format, citations may be placed exclusively in footnotes using the citational footnote style ( 1.2 [e]). According to Patrick M. Connors in his 2013 Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR 3012-b, 2014 Pocket Part at 18) . The Appellate Division (1) reversed, on the law, a judgment of the Tompkins County Court (M. John Sherman, J. . APPENDIX 2 ABBREVIATION OF CASE LAW REPORTS Appeal from orders of the Civil Court of the City of New York, Queens County (Marguerite Grays, J. 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. Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered June 4, 1998. Texas Family Code Annotated 102.003 (a) (9). . This updated and expanded edition of Simon's New York Rules of Professional Conduct Annotated contains more than 2,000 pages of analysis and commentary explaining the New York Rules of Professional Conduct and related sources regulating lawyers. ProView eBook also available ), imposed following defendant's conviction upon his plea of guilty of driving while under the influence of alcohol as a felony. If a party is sued or suing in a representative or official capacity, that capacity should be set forth in the title. Effective April 1, 2009, the new Rules of Professional Conduct (22 NYCRR 1200.0) replaced the Code of Professional Responsibility as the governing rules for attorney conduct in New York. citation of cases and reports within parentheses. Simon's New York Rules of Professional Conduct Annotated, 2023 ed. ), in favor of defendant, entered January 16, 2001. 99-F3 at 1011) [Note: formal opinion], (2006 Ops Atty Gen No. Short-form references to a specific judge or justice are also capitalized. If you are located outside the United States or for more than 25 pages please contact Customer Service 1-800-328-4880. 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. NEW YORK RULES OF PROFESSIONAL CONDUCT - New ), entered August 2, 2002. WebThis updated and expanded edition of Simon's New York Rules of Professional Conduct Annotated contains more than 2,000 pages of analysis and commentary explaining the New 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. Do not place a comma between the signal and citation. Subparagraph (iii) of CPLR 5602 (b) (2) provides . New See the word list at Appendix 5. . . Several jurisdictions have implemented public domain citation for all or some of their courts. Where the source contains pagination, a page reference may be included if greater precision is desired. References to parts, subdivisions, paragraphs, subparagraphs, clauses, etc., of sections of statutes cited in parallel hierarchy (divisions of sections of the same rank or hierarchy) should appear within parentheses as follows: The comma is inserted between divisions of the same rank. 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. ), which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (2). Appellant and Respondent. The Appellate Division remanded the matter to Supreme Court for determination of the remaining grounds for defendant's motion. In either event, use the abbreviations listed in Appendix 1. citation of codes, rules and regulations in, , NYLJ, Oct. 6, 2000 at 30, col 5 [Sup Ct, Nassau County 2000, Austin, J. Forbes Advisor 9. (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]. newspapers and magazines, typography of names of. The 2012 Edition recognizes the further migration of legal research from print to electronic formats by providing guidance on the elements of electronic citation generally (1.5) and adding source specific rules and sample citations for electronic services (2.4 [a]); Internet material (2.4 [a] [3]; 7.1 [[d]); CD-ROM material (7.3 [c]); New York Law Journal and other online decisions (2.2 [a] [8]; 2.2 [b] [2], [3]); and e-books (7.9). 24 Jun 2023 22:28:06 Appeal from an order of the Onondaga County Court (Laura Maher, J. To shorten a name, do not use quotation marks within parentheses, e.g. As explained in Richard A. Givens, Supplementary Practice Commentaries (McKinney's Cons Laws of NY, Book 23A, General Obligations Law 5-701, 1991 Pocket Part at 8-9) . Dos & Donts for Paralegals It should faithfully track the jurisdictional predicate and procedural posture of the appeal. (R. Franklin Balotti & Jesse A. Finkelstein, Delaware Law of Corporations and Business Organizations on CD-ROM [3d ed 1998]), (Black's Law Dictionary 712 [9th ed 2009]), (Black's Law Dictionary [9th ed 2009], mens rea) [Note: online version], (1 Am Jur 2d, Accession and Confusion 2), (12 NY Jur 2d, Buildings, Zoning, and Land Controls 377), (8 Fletcher, Cyclopedia of Corporations 3890 [2006]) [Note: online version], (8 Fletcher, Cyclopedia of Corporations 3890 at 171 [Perm ed]), (Webster's Third New International Dictionary, Unabridged [Merriam-Webster 2002], contaminant [http://unabridged.merriam-webster.com/unabridged/contaminant]) [Note: online subscription version], (Merriam-Webster Online Dictionary, contaminant [http://www.merriam-webster.com/dictionary/contaminant]) [Note: online free version]. Explore more: nynow.org. We'll tell you what to expect. Web2023 New York City Council elections 2021 November 7, 2023 2025 All 51 seats on the New York City Council 26 seats needed for a majority Democratic incumbent Democratic incumbent retiring Republican incumbent Democratic and Republican incumbent Vacant or new district Incumbent Speaker Adrienne Adams Democratic Elections in New York State (Nassau County Administrative Code 5-14.0 [L 1939, chs 272, 701-709, as amended]), (McKinney's Uncons Laws of NY 8605 [Local Emergency Housing Rent Control Act 5, as added by L 1962, ch 21, 1, as amended]), (CLS Uncons Laws of NY ch 249-A, 1 [5] [Local Emergency Housing Rent Control Act 5, as added by L 1962, ch 21, 1, as amended]), (2004 McKinney's Session Law News of NY, No. Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, New York State Legislature, Monroe County Legislature. Historical background about drafting the rules, as well as amendments, deletions, and proposed amendments. Appeal from a judgment of the Supreme Court, Bronx County (Norma Ruiz, J. In Court of Appeals summaries, use the past perfect tense to describe the disposition of a court/administrative body that occurred prior to the disposition that is being appealed to the Court of Appeals. 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.
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