new york supreme court citation bluebook

United States Supreme Court Reports Lawyers' Edition (L . . This is the law. 4.0 REGULATIONS, COURT RULES, JURY INSTRUCTIONS AND COLLOQUIES, 6.0 TREATIES AND INTERNATIONAL AGREEMENTS, 7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS, 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, AND NAMES, APPENDIX 1 COMMON CASE NAME ABBREVIATIONS . . Introduction; Purposes of Legal Citation; Types of Citation Principles; Levels of Mastery; Citation in Transition; Who Sets Citation Norms; HOW TO CITE . a case from the Supreme Court of New Hampshire, decided June 4, 1929, and reported at volume 146, page 641, of Atlantic Reporter. . 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. To cite a website, provide the name of the website, the uniform resource locator (URL) precisely as it appears in the Internet browser and the date the website was accessed. The following question was certified by the United States Court of Appeals and accepted by the New York State Court of Appeals: "Does Connecticut General Statutes 52-577a bar Tanges's claim brought in the Southern District of New York? Other revisions reflect a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. . The order denied plaintiff's motion for summary judgment granting him a conversion divorce and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that the parties' prenuptial agreement may not serve as a predicate for a conversion divorce. 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. 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). Omit the words "the Application of" and "for a judgment under CPLR article 78" in CPLR article 78 proceeding titles. 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]). . 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 following question was certified by the Appellate Division: "Was the order of this Court, which reversed the order of the Supreme Court, properly made?" . Div. According to the Reviser's Notes (McKinney's Cons Laws of NY, Book 58A, SCPA 2226 [now 2227] at 292 [1967 ed]) . Electronic services (e.g. 1, 2011]). Use the style of personal names as given in the record or briefs. U.S. = United States Reports. ), entered January 31, 2000. The appeal brings up for review an order of that court, entered March 3, 2000, which granted plaintiffs' motion for summary judgment, denied defendant's cross motion for summary judgment dismissing the complaint and granted third-party defendant's cross motion for summary judgment dismissing the third-party complaint. United States Supreme Court Reports, Lawyer's Edition First Series, L.E. 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. The order dated December 27, 1999 granted plaintiff's motion to impose sanctions against nonparty appellant for frivolous conduct as defense counsel. Recovery under Labor Law 200 or 240 is conditioned upon . A clarification encourages authors to omit irrelevant information and additional examples of information that should be redacted have been included. Fractions standing alone should be spelled out as follows: Fractions accompanied by whole numbers should appear in numerical form as follows: Retain roman numerals that are used in articles of federal and state constitutions and statutes, proper names, names of events and otherwise in accordance with standard authorities. State and court (abbreviated according to Tables 1 & 10 and Rule 10.4)*. 4. David D. Siegel, Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) explains . The judgment convicted defendant, upon a jury verdict, of attempted kidnapping in the second degree. Cite to either (but not both) Westlaw or Lexis, or by case number as established by local usage. The decision was written by Justice Jones of the New York Supreme Court. afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound); or is regarded as derogatory or demeaning (e.g. Cite the state reporter first, then the regional . State case law citations are generally made up of three parts: the name of the case, the published source in which the case may be found, reporters; and a parenthetical indicating the court and year of decision.Citations may also include other parenthetical information and the subsequent history of the case, if necessary. The Bluebook is the guide to citing legal documents in the United States. 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. Avoid language that implies that a person as a whole is disabled (e.g. 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. Illustrations. Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered June 4, 1998. Within parentheses the name of the statutory compilation should be abbreviated, e.g. Official NY Case Name and Citation Locator. 8. . Additionally, it specifies for editors the format and typographical standards for the Reports. 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 Bluebook states the inclusion of the appellate district is optional but its inclusion in the parenthetical is required for the Basic Legal Research class. When citing Supreme Court cases, you must cite to the official Supreme Court reporter, United States Reports. I anticipate that this aspect of the Style Manual will only continue to develop. Many of the complicated variations on rules are not shown in these samples. The use of Latin and other foreign language words and phrases generally is discouraged where an English language equivalent is available. 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. Appeal from a judgment of the Onondaga County Court (Laura Maher, J. For example: Many Judges of the New York Court of Appeals have written . Do not place a comma between the signal and citation. 1974). Case names for New York decisions reported in the first, second and third series of the New York Official Reports can be found in the Official Case Name and Citation Locator at. For California Court of Appeals cases, use Cal. 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. Footnote numbers appearing in decisions follow punctuation marks. If the statute does not use any such terminology, use "subdivision," "paragraph," "subparagraph," "clause" in descending order. Add pinpoint citations, if any, after the precise identifier. . . art. In a footnote containing text, citations in running text or within parentheses may be used. Where the location or content of an electronic source is subject to change, a "last updated" or "last accessed" date should be included. Ct. 1944). When citing in running text, convert interior brackets to parentheses. Supreme Court Abbreviations State: Supreme Court Abbreviations (or court of last resort) Alabama . Users' input inspired several rule clarifications and additions. Until 1954, Oklahoma had its own official reporter called the Oklahoma Reports. Where multiple citations are given, the style is: Although including the precise date of decision and judge is not required, that information may be supplied in brackets, following the citation. Also see examples of case names in Appendix 6. VI, 7. This reporter is the United States Reports (U.S.) The Bluebook requires citation only to the official report Supreme Court Opinions are also published in three unofficial reporters: 1. Cite historical constitutional material as follows: Treaties signed before 1949 are contained in and cited to the United States Statutes at Large. Interior brackets are changed to parentheses as follows: New York City Loft Board Regulations (29 RCNY) , (Building Code of NY State 101.4.1 [2002]), Building Code of New York State 101.4.1 (2002), (NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] BC 106.2.1), (1968 Building Code of City of NY [Administrative Code of City of NY] 27-232), New York City Building Code (Administrative Code of City of NY, tit 28, ch 7) BC 106.2.1, 1968 Building Code of City of New York (Administrative Code of City of NY) 27-232, (Department of Health Regulations [10 NYCRR] 59.2), (Insurance Department Regulations [11 NYCRR] 65-1.1), (11 NYCRR 60-2.3 [f] [INSURING AGREEMENTS] [I] [c]), Department of Health Regulations (10 NYCRR) 59.2, Insurance Department Regulations (11 NYCRR) 65-1.1, 11 NYCRR 60-2.3 (f) (INSURING AGREEMENTS) (I) (c), (NY PJI 2:225, Comment, Caveat 2) [Note: online treatise]. The facts in this decision are not unusual. Year of decision. Subdivision (1) of Town Law 199 provides . E-books are cited as indicated in section 7.9. In general, cases are cited by giving. It should faithfully track the jurisdictional predicate and procedural posture of the appeal. California specific legal encyclopedia that provides case citations and cross references to other resources. 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). The rules on formulation of case summaries (appeal statements) have been updated and examples have been added (Appendix 8). It appears you are using Adblock. . Short-form references also are capitalized: the Zoning Board of Appeals of the Town of Saugerties. 4 April 2016. . Matters occurring before April 1, 2009 are governed by the Code of Professional Responsibility and should cite that code and include references to both the Disciplinary Rule and its companion NYCRR provision. Plaintiff did not sustain a serious injury within the meaning of Insurance Law 5102 (d). 13,787]) [Note: decisions in volumes 1-49], (51 Ed Dept Rep, Decision No. ), entered September 25, 2000. Figures may be used for dollar amounts of any size: $1, $50, $1 million. Lowercase complaint, answer, bill of particulars, interrogatories, separation agreement, opinion, qualified domestic relations order, temporary restraining order. N.Y.S.2d --- New York Supplement(NY) Supreme Court of Appeals of West . Cal. 2020). The following question was certified by the Appellate Division: "Was the order of this Court, which modified the order of the Supreme Court, properly made? Use the Citation Services to find the approved "cite-as" case names for citing New York 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [Montreal Convention]), (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, art II, 2, reprinted following 9 USCA 201), Bermuda Multilateral Telecommunications Agreement (60 US Stat 1636, TIAS No. ; date of the decision, in parentheses (in the same set of parentheses as the . Capitalize the following when part of a personal name or when used as a short-form reference to a specific individual: General references to these judicial officers are not capitalized: Capitalize the titles of acts, ordinances, regulations, etc. When the quoted material contains mistakes that the author does not wish to correct by substituting bracketed language, the author may indicate that the mistake appeared in the original by inserting "[sic]" after the mistaken language. Separate two authors' names with an ampersand. The decision ruled that claimant sustained a compensable injury and awarded workers' compensation benefits. Spaces are inserted between the section number and each subsequent subdivision cited as follows: The following model titles are merely illustrative. ), 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. Where the middle name or names of an attorney are given, use them. Dec. 4, 1990). U.S. Reports: New York Times Co. v. Sullivan, 376 U.S. 254. ), entered December 20, 2000. General Rules for Formulating Summaries. Where the source contains pagination, a page reference may be included if greater precision is desired. When using the citational footnote style, citations that appear within textual footnotes should not be placed within parentheses. To construct short form citations for cases, refer to Rule 10.9. (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. If a CD-ROM is the sole source of material referenced, cite it as in the example below. Several jurisdictions have implemented public domain citation for all or some of their courts. HTML) that does not contain fixed reference points, but may be included if the source is in a format (e.g. 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) . When cited within parentheses, both the name of the country or state and the word "Constitution" should be abbreviated, as in the following examples: When constitutional citations appear in running text, either abbreviations or full names may be used. Cite to the name of the source/dictionary, page number (if pinpoint citing), edition and year. 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. New Mexico Constitution. 3. The Justice reasoned . The omission of punctuation or one or more words from the middle of a quotation is indicated by an ellipsis. ), dated January 4, 2001, which, after a hearing, set Enzo Lanzi's basic child support obligation at $785 per month and required him to pay $452 per month for his children's educational expenses and 77% of his children's unreimbursed medical expenses. The People of the State of New York, Plaintiff, v Dennis Charles and Fritz DePass, Defendants. 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. Verify the accuracy of the information in a summary against the record and/or opinion. Supreme Court 1. "New Jersey Statutes Annotated," may be used. . Accuracy A summary of an appellate case should be factually and legally accurate. Arizona Reports P., P.2d, or P.3d (P.250) 5. Oklahoma. Commercial statutory compilations often provide commentaries, statutory histories, reviser's notes, etc., following a statute or in an appendix. Wn. . Cite the United States Code if therein. 5. North Carolina : North Carolina Supreme Court: N.C. North Carolina Court of Appeals: A. ), 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 judgment was entered upon an order of that court (Bruce Wright, J. Appeal from an order and judgment (one paper) of the Supreme Court, New York County (Ira Gammerman, J. Citations in legal writing serve two purposes: . But that's a Supreme Court, New York County, case, not one with a department or district. For counting purposes, words include articles, symbols and numbers. Supreme Court of the United States Case Citation Finder, 1st Dept | 2d Dept . Citation sentences must additionally abbreviate the words in Rule 10.2.2 and Table 6. These opinions are collected in series of books called reporters. Citation in Bluebook format: Notes: As cited to an Illinois Court: People v. Harston, 23 Ill. App. Ct. L.E. CD-ROM material is cited as indicated in section 7.3 (c). New York Official Law Report citations shall be included, if available." (Rules of Ct of Appeals [22 NYCRR] 500.1 [g].) INTRODUCTION There is no one prevailing source for citation of legal authorities in documents filed in New York courts. Remove all geographical designations that follow a comma [rule 10.2.1(f)]. App. . The Law Reporting Bureau has continued to update the Style Manual to make this resource as clear and easy to use as possible. The Supreme Court adopted a broad reading of the Commerce Clause during the New Deal, see Wickard v. Filburn, 317 U.S. 111, 128-29 (1942), though in recent years the Supreme Court has reined in its broad reading somewhat, see United States v. Lopez, 514 U.S. 549, 624 (1995); United States v. Morrison, 529 U.S. 598, individuals with disabilities, individuals with developmental disabilities, individuals with mental illness, individuals with autism or individuals with mental retardation). In addition, a listing of each Third Series decision that cites to your retrieved decision will also be displayed. New York: N.Y. North Carolina: N.C. North Dakota: N.D. . 2006-F4) [Note: formal opinion], (1932 Atty Gen [Inf Ops] 206) [Note: pre-1983], (1999 Ops Atty Gen No. In citations of multiple sections of a statute, place two section symbols before the first section cited. If there is a state reporter that prints the case in addition to a regional reporter, cite both the state and regional reporters ( Rule 10.3.1 ). The judgments convicted defendant, after a nonjury trial, of depositing debris and/or waste materials on a village lot (Local Law No. Subdivision (1) (a) of Town Law 199 provides . The footnote number should be placed at the point in the text where the citation would appear if the citation were placed in the text. According to the Rule, citations should contain: Case name. To add emphasis to a quotation, use italics and add a parenthetical: (emphasis added). Judiciary Law 434 (former [6]) provided . In addition, a listing of each Third Series decision that cites to your retrieved decision will also be displayed. Legal & News; Types of law; . (Bermuda Multilateral Telecommunications Agreement, 60 US Stat 1636, TIAS No. Follow the word style in Webster's Third New International Dictionary (2002), except as modified by Appendix 5. The citation reveals that Penn Central is a case from New York's highest court, the Court of Appeals. ), 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. 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. Appeal from a judgment of the City Court of Newburgh, Orange County (Richard Farina, J. 16,256) [Note: decisions in volume 50 and above], (Comm on Open Govt OML-AO-3899 [2004]) [Note: Open Meetings Law Advisory Opinion], (Comm on Open Govt FOIL-AO-13559 [2002]) [Note: FOIL Advisory Opinion], (Ops Gen Counsel NY Ins Dept No. Washington State Court Abbreviations . 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.
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