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PART I: CITATION STYLE 2.0 CASES 3.0 STATUTES AND LEGISLATIVE MATERIALS 4.0 REGULATIONS, COURT RULES, AND JURY INSTRUCTIONS 5.0 CONSTITUTIONS 6.0 TREATIES AND INTERNATIONAL AGREEMENTS 7.0 LEGAL PERIODICALS, TREATISES, AND OTHER WORKS
PART II: OTHER STYLE ISSUES 8.0 TITLES OF ACTIONS AND PROCEEDINGS 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, NAMES 11.0 QUOTATIONS AND QUOTATION MARKS
PART III: TYPOGRAPHY AND SPACING 13.0 TYPOGRAPHY 14.0 SPACING
PART IV: APPENDICES APPENDIX 1—COMMON CASE NAME ABBREVIATIONS APPENDIX 2—ABBREVIATION OF CASE LAW REPORTS APPENDIX 3—APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS APPENDIX 4—STYLE AND ABBREVIATION OF PARTICULAR STATUTES APPENDIX 5—STYLE OF PARTICULAR WORDS APPENDIX 6—TITLES IN VARIOUS ACTIONS AND PROCEEDINGS
PART V: INDEX TABLE OF CONTENTS
PART I: CITATION STYLE 2.0 CASES 3.0 STATUTES AND LEGISLATIVE MATERIALS 4.0 REGULATIONS, COURT RULES, AND JURY INSTRUCTIONS 5.0 CONSTITUTIONS 5.1 GENERAL RULE 5.2 EXAMPLES 6.0 TREATIES AND INTERNATIONAL AGREEMENTS 6.1 GENERAL RULE 6.2 EXAMPLES 7.0 LEGAL PERIODICALS, TREATISES, AND OTHER WORKS PART II: OTHER STYLE ISSUES
8.0 TITLES OF ACTIONS AND PROCEEDINGS 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, NAMES 10.1 CAPITALIZATION 10.2 NUMERALS, NUMBERS AND SYMBOLS 10.3 DATES AND TIME 10.4 NAMES 11.0 QUOTATIONS AND QUOTATION MARKS 11.1 QUOTATIONS 11.2 QUOTATION MARKS 12.2 COMPOUND WORDS PART III: TYPOGRAPHY AND SPACING
13.0 TYPOGRAPHY 13.1 TITLES OF DECISIONS 13.2 PARAGRAPH AND SECTION HEADINGS 13.3 TIME ABBREVIATIONS 13.4 JUDGE NAME AT OPINION OPENING 13.5 ADDED EMPHASIS 13.6 FOREIGN WORDS AND PHRASES 13.7 OTHER ISSUES 14.0 SPACING 14.1 ABBREVIATION SPACING 14.2 STATUTORY SPACING
PART IV: APPENDICES
APPENDIX 1—COMMON CASE NAME ABBREVIATIONS APPENDIX 2—ABBREVIATION OF CASE LAW REPORTS APPENDIX 3—APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS APPENDIX 4—STYLE AND ABBREVIATION OF PARTICULAR STATUTES APPENDIX 5—STYLES OF PARTICULAR WORDS APPENDIX 6—TITLES IN VARIOUS ACTIONS AND PROCEEDINGS
PART V: INDEX
1.0 CITATION STYLE IN GENERAL
1.1 ELEMENTS OF CITATION
1.2 PLACEMENT OF CITATIONS
1.3 REFERENCE TO PREVIOUSLY CITED
AUTHORITY
1.4 INTRODUCTORY SIGNALS
1.5 ELECTRONIC SOURCES IN
GENERAL 1.1 ELEMENTS OF A CITATION 1.1 (a) Case Citation Elements
1.1 (b) Statutory Citation Elements 1.1 (a) Case Citation Elements
1.1 (b) Statutory Citation Elements 1.2 PLACEMENT OF CITATIONS 1.2 (a) Where to Place
1.2 (b) Citations in Running Text
1.2 (c) Citations Within Parentheses
1.2 (d) Citations in Footnotes 1.2 (a) Where to Place Citations may be placed in running text, within parentheses, or in footnotes. The prevalent style in the Official Reports is to place citations within parentheses. Unless otherwise indicated, the examples in this Manual are shown in that form. 1.2 (b) Citations in Running Text The term "citation in running text" indicates an authority referred to in the text of a sentence, as in the examples below: The situation in Rogers v Rogers (63 NY2d 582, revg 98 AD2d 999) mirrors the situation in this decision. Plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). 1.2 (c) Citations within Parentheses The term "citation within parentheses" refers to any citation which appears entirely within parentheses: (1) How to Reference Citations within parentheses may be referenced as in the examples below: The facts in this decision are not unusual (Kohl v Fusco, 164 Misc 2d 431 [Civ Ct, Bronx County 1994, Heymann, J.]).
Plaintiff did not sustain a serious injury (Insurance Law § 5102 [d]). (2) Punctuation Place the final period in a sentence ending with a parenthetical as follows: Such is the law (People v Moran, 91 NY2d 1010). or Such is the law. (People v Moran, 91 NY2d 1010.) not Such is the law (People v Moran, 91 NY2d 1010.) 1.2 (d) Citations in Footnotes Running text, parenthetical, or a hybrid citation style may be used in footnotes. Such examples are: * Solomon v State of New York (146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979]). [running text] * (Solomon v State of New York, 146 AD2d 439, 440 [1st Dept 1989], quoting Addington v Texas, 441 US 418, 427 [1979].) [parenthetical] * Solomon v State of New York, 146 AD2d 439, 440 (1st Dept 1989), quoting Addington v Texas, 441 US 418, 427 (1979). [hybrid] 1.3 REFERENCE TO PREVIOUSLY CITED AUTHORITY 1.3 (a) Options for Referencing Previously Cited Authority
1.3 (b) Short-Form References
1.3 (c) Full Citation with "Supra"
1.3 (d) Subsequent Reference to
Immediately Preceding Authority
1.3 (e) Subsequent Reference to Parallel Citations
1.3 (a) Options for Referencing Previously Cited Authority A reference to previously cited authority may use a short-form reference; repeat the full citation to the authority followed by a "supra"; or use "id." where appropriate. The subsequent citation should omit any reference to optional material (section 2.2 [a] [1] [g]) and history. 1.3 (b) Short-Form References (1) Shortened Case Names and Popular Names Subsequent references to a case may use a shortened case name. The shortened form of the case name is usually the name of the first nongovernmental party (for example, "Krom" for "People v Krom" and "Albouyeh" for "Albouyeh v County of Suffolk." Popular names for cases (for example, "the Central Park Jogger case") may be used when desired. (2) Shortened Citations Subsequent references to cases and statutes may be abbreviated as follows: (People v Ramos, 90 NY2d at 491) (Ramos, 90 NY2d at 495) (§ 205.05) The use of "supra" with shortened citations is not required. 1.3 (c) Full Citation with "Supra" The full citation may be repeated, as follows: (People v Ramos, 90 NY2d 490, supra) (Penal Law § 205.05, supra) 1.3 (d) Subsequent Reference to Immediately Preceding Authority When a subsequent reference is made to an immediately preceding authority, "id." may be used: (id.) [identical reference to an immediately preceding authority] (id. at 495) [reference to immediately preceding authority at a different page] 1.3 (e) Subsequent Reference to Parallel Citations Where parallel citations are provided in the first reference, subsequent references should supply jump page references for each parallel citation. Thus, (Newbold v Arvidson, 105 Idaho 663, 672 P2d 231) becomes (Newbold, 105 Idaho at 667, 672 P2d at 235). 1.4 INTRODUCTORY SIGNALS 1.4 (a) Citations Introduced by Signals
1.4 (b) Signal Word Serving as a Verb 1.4 (a) Citations Introduced by Signals Citations may be introduced by signals which indicate the purpose for which the citations are made and the degree of support the citations give. A comma between the signal and citation is not required. The following examples illustrate the use of introductory signals: (e.g., D'Amico v Crosson, 93 NY2d 29) (see D'Amico v Crosson, 93 NY2d 29) (but see D'Amico v Crosson, 93 NY2d 29) (cf. Austin v City of Yonkers, 243 AD2d 597) (but cf. Austin v City of Yonkers, 243 AD2d 597) (accord, Austin v City of Yonkers, 243 AD2d 597) (see also Penal Law § 20.00) (see, e.g., CPL 40.50) (but see, e.g., Koehler v Koehler, 182 Misc 2d 436) (compare Koehler v Koehler, 182 Misc 2d 436) (see, generally, Koehler v Koehler, 182 Misc 2d 436) (compare Klein v Eubank, 87 NY2d 459, with Shapiro v McNeill, 92 NY2d 91) (compare Klein v Eubank, 87 NY2d 459, and D'Amico v Crosson, 93 NY2d 29, with Shapiro v McNeill, 92 NY2d 91) (contra, Koehler v Koehler, 182 Misc 2d 436) 1.4 (b) Signal Word Serving as a Verb When a signal word serves as the verb of a sentence do not italicize it: For a discussion of Executive Law § 63 (2), see Matter of Johnson v Pataki (91 NY2d 214). 1.5 ELECTRONIC SOURCES IN GENERAL1.5 (a) Electronic
Services
1.5 (b) Internet Material
1.5 (c) CD-ROM Material
1.5 (d) New York Slip Opinions
1.5 (a) ELECTRONIC SERVICESElectronic services (e.g., LEXIS, WESTLAW) are
cited as indicated in section 2.2 (c) (1). 1.5 (b) INTERNET MATERIALInternet material is cited as indicated in section 2.2
(c) (2) and section 7.1 (c). 1.5 (c) CD-ROM MATERIALCD-ROM material is cited as indicated in section 7.3
(d). New York slip opinions are cited as indicated in section 2.2 (a) (1) (h). 2.0 CASES2.1 CASE NAMES
2.2 REPORTS AND OTHER SOURCES OF DECISIONS 2.1 (a) New York Cases
2.1 (b) Other Cases 2.1 (a) New York Cases (1) Cases Officially Reported New York case
names are found in the Table of Cases in the
Official Reports bound volumes and Advance Sheets. For use in
citations, they should be modified as follow:
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. 2.1 (b) Other Cases For any non-New York case, use the case name found in standard citation services, or formulate a name by applying citation naming conventions found in standard citation manuals. In either event, use the abbreviations listed in Appendix 1. 2.2 REPORTS AND OTHER SOURCES OF DECISIONS 2.2 (a) New York Court Decisions
2.2 (b) Other Court Decisions
2.2 (c) Electronic Case Citations
2.2 (d) Commission, Agency and Ethics Opinions
2.2 (a) New York Court Decisions (1) Decisions Officially Reported (a) Basic Citation Style Cite to the Official Reports, as follows: (Amabile v City of Buffalo, 93 NY2d 471) (Dinicu v Groff Studios Corp., 257 AD2d 218) (Matter of Luby, 180 Misc 2d 621) (b) Point or Jump Page Citation To refer to a particular "jump" or point page in an opinion: (People v Ramos, 90 NY2d 490, 495) (Dinicu v Groff Studios Corp., 257 AD2d 218, 223) Where the point page is the same as the initial page: (Matter of Allen v Black, 275 AD2d 207, 207) (c) Case Citation Containing Footnotes Cases containing Single Footnote Citation to the sole footnote in a decision is designated by a lower case "n" as follows: (People v Wilson, 93 NY2d 222, 226 n) Cases Containing More Than One Footnote Where a case contains more than one footnote, the citation should indicate the number of the footnote being cited as follows: (Marx v Akers, 88 NY2d 189, 194 n 3) Case Citation Containing Multiple Footnotes Citation to multiple footnotes appearing on the same page is as follows: (Matter of Black Radio Network v Public Serv. Commn. of State of N.Y., 253 AD2d 22, 25 nn 2, 3) (d) Citation Referencing Multiple Page Quotation In citing a single quotation which runs over two or more pages, give the pages at which it begins and ends, separated by a hyphen, rather than a comma: (Matter of Sayeh R., 91 NY2d 306, 316-317) (Spors v Stoll, 256 AD2d 1083, 1085-1086) (e) Citation Including Appellate History Appellate history is shown as follows: (Cruz v American Export Lines, 106 AD2d 6, revd 67 NY2d 1) (D'Angelo v Cole, 108 AD2d 541, mod 67 NY2d 65) (National City Bank v Gelfert, 257 App Div 465, revd 284 NY 13, revd 313 US 221) (Matter of World Trade Ctr. Bombing Litig., 93 NY2d 1, revg 248 AD2d 137) (Albouyeh v County of Suffolk, 62 NY2d 681, affg 96 AD2d 543) (People v Ferber, 96 Misc 2d 669, affd 74 AD2d 558, revd 52 NY2d 674, revd 458 US 747) (Kaufman v Eli Lilly & Co., 65 NY2d 449, modfg 99 AD2d 695, which affd 116 Misc 2d 351) (Ferres v City of New Rochelle, 112 AD2d 918, lv granted 67 NY2d 603) (Marco v Sachs, 10 NY2d 542, rearg denied 11 NY2d 766) (People v Rowe, 152 AD2d 907, affd 75 NY2d 948 for reasons stated below) (Kerson Co. v Shayne, Dachs, Weiss, Kolbrenner, Levy & Levine, 59 AD2d 551, affd on concurring op of Suozzi, J., 45 NY2d 730) For listing of Appellate History Abbreviations, see Appendix 3. (f) Multiple Citations Where multiple citations are given, the style is: (Cf. Edkins v Board of Educ. of City of N.Y., 261 App Div 1096, revd 287 NY 505; Brown v Rosenbaum, 262 App Div 136, affd 287 NY 510; Broderick v Aaron, 264 NY 368) (See Hill v St. Clare's Hosp., 107 AD2d 557, mod 67 NY2d 72; cf. McDermott v Torre, 56 NY2d 399; Holzberg v Flower & Fifth Ave. Hosps., 32 NY2d 716, affg 39 AD2d 526) (g) Optional Information While inclusion of the deciding forum, judge, and date is not required, such information may be supplied in brackets, following the citation, omitting whatever information is made redundant by the citation itself. Examples: (Iazzetti v City of New York, 94 NY2d 183 [Dec. 1999, Kaye, Ch. J.]) (People v Otero, 268 AD2d 615 [3d Dept 2000]) (Nimby Food Serv. v State of New York, 241 AD2d 542 [2d Dept]) (Ponce v St. John's Cemetery, 222 AD2d 361, 364 [Rubin, J., dissenting]) (Davern Realty Corp. v Vaughn, 161 Misc 2d 558 [App Term, 2d Dept]) or (Davern Realty Corp. v Vaughn, 161 Misc 2d 558 [App Term, 2d & 11th Judicial Dists]) (Kohl v Fusco, 164 Misc 2d 431 [Civ Ct, Bronx County 1994, Heymann, J.]) (People v David, 146 Misc 2d 628 [Rochester City Ct 1989]) (Morss v Morss, 11 Barb 510 [Sup Ct, Albany County 1851])
Court Abbreviations References to courts within citations should be abbreviated as follows:
(h) Citation to Slip Opinions Opinions scheduled for publication in the Official Reports are initially published in the New York Slip Opinion service at <http://www.courts.state.ny.us/reporter/decisions.htm>. They are cited: [year] NY Slip Op [number], as follows: (Pittari v Pirro,__Misc 2d__, 1999 NY Slip Op 99006 [Sup Ct, Westchester County, Sept. 15, 1998]) (Matter of Brown, __AD2d__, 2000 NY Slip Op 01479 [4th Dept, Feb. 16, 2000]) (Goodman v Barnard Coll., __NY2d__, 2000 NY Slip Op 04838 [May 16, 2000])
(2)
Unofficially Reported or Unreported
Decisions (a) New York Parallel Unofficial Citations Parallel unofficial citations are not used for New York State cases. (b) Citation to Unreported Cases Cite unreported cases in the following manner, including any information which would be useful in identifying the case: (Keenan v Dayton Beach Park No. 1 Corp., Sup Ct, Queens County, June 5, 1990, Hentel, J., Index No. 10302/84) (People v Moody, Sup Ct, NY County, Oct. 17, 1985, Neco, J., Indictment No. 84-201) (Lewis v Bloomburg Mills, US Dist Ct, SC, Dec. 30, 1982, Hemphill, J.) (Govic v New York City Tr. Auth., US Dist Ct, SD NY, DiCarlo, J., 89 Civ 7062) (People v Boss, Sup Ct, Albany County, Feb. 17, 2000, Teresi, J., slip op, at 4) (c) Citation to the New York Law Journal Where a case is not officially reported, but appears in the New York Law Journal, cite as follows: (Matter of Lutz, NYLJ, Mar. 28, 1986, at 15, col 5) (People v Shulman, NYLJ, Apr. 2, 1999, at 35, col 6, at 36, col 1) (Tryon v Westermann, NYLJ, Oct. 6, 2000, at 30, col 5 [Sup Ct, Nassau County, Austin, J.]) (d) Discontinued Unofficial Report Where the choice lies between an unofficial report which is current and a discontinued unofficial report, the current report should be cited: (National Mahaiwe Bank v Hand, 30 NYS 508) not (National Mahaiwe Bank v Hand, 80 Hun 584) 2.2 (b) Other Court Decisions (1) United States Supreme Court (a) Citation to Official Reports United States Supreme Court cases are cited to the United States Reports where available: (Ohralick v Ohio State Bar Assn., 436 US 447) Include whatever optional information is desired: (Sandin v Conner, 515 US 472 [1995]) (b) Citation to Unofficial Reports When the citation to the United States Reports is unavailable, leave a blank citation to the United States Reports with a parallel citation to an unofficial report as follows: (Bush v Gore, __ US __ , 121 S Ct 525) or (Bush v Gore, __ US __, 148 L Ed 2d 388) (2) Other Federal Courts Cite other federal court decisions as follows: (O'Kane v Apfel, 224 F3d 686) (Andale Equip. v Deere & Co., 985 F Supp 1042) Include whatever optional information is desired: (Dennis v Warren, 779 F2d 245 [5th Cir]; Schultz v Frisby, 619 F Supp 792 [ED Wis]) (United States v Gridley, 725 F Supp 398 [US Dist Ct, ND Ind]) (3) Out-of-State and Unofficial Case Citations (a) Where Official Reports Available Out-of-state cases are cited to the state official reports where available, followed by the parallel National Reporter System citation: (Newbold v Arvidson, 105 Idaho 663, 672 P2d 231) (b) Where Official Reports Unavailable Where an out-of-state case is cited only to the National Reporter System because no official citation is available, the name of the jurisdiction should be added in abbreviated form in brackets: (Brinker v First Natl. Bank, 37 SW2d 136 [Tex]) (c) Citing Reports Known by Name of Reporter In citing reports known by name of the reporter, except New York and English reports, the jurisdiction should be added in abbreviated form in brackets after the name of the reporter: (Meade v M'Dowell, 5 Binn [Pa] 195) (d) Public Domain Citation When a public domain citation is provided, supply a parallel citation to a published source: (Alberte v Anew Health Care Servs., 232 Wis 2d 587, 595, 605 NW2d 515, 519, 2000 WI 7, ¶ 12). 2.2 (c) Electronic Case Citations (1) On-Line Services Citation to a case contained in an electronic service (e.g., LEXIS or WESTLAW) is permissible only when the case is not published in book form. Where access to both LEXIS and WESTLAW is available, both services should be cited, as follows: (Savitt v Vacco, 1998 US Dist LEXIS 15582, *21-22, 1998 WL 690939, *7 [ND NY, Sept. 28, 1998]) (2) Internet Material Citation to Internet material is permitted where the material is not available in another form, in which case provide the Uniform Resource Locator (URL), author (if any given), case name or document title, and date the document was last updated. (Applications of a Child with a Disability [Board of Educ. of Kenmore-Tonawanda Union Free School Dist.] <http://www.courts.state. ny.us/reporter/webdocs/Kenmore.htm>[NY State Educ Dept, Off of State Review, Decision Nos. 96-55 & 96-66, Nov. 20, 1996, Eldridge, SRO, last updated May 12, 1999]) When the document does not provide information as to when it was last updated, provide the date on which the document site was accessed. 2.2 (d) Commission, Agency and Ethics Opinions (1) Commission and Agency Documents and Materials Cite as follows: (31 PERB ¶ 3050 [1998]) (9 Ops Counsel SBEA No. 84, at 153 [1991]) (1999 Ops Atty Gen No. F 99-3, at 1011) [formal opinion] (1999 Ops Atty Gen No. I 99-5) [informal opinion] (12 Ops St Comp No. 8208, at 276 [1956]) [pre 1978] (1998 Ops St Comp No. 98-10, at 26) (39 US Atty Gen 132) (1969 Report of NY Law Rev Commn, at 139) (34 NY PSC 1524 [Op No. 94-24]) (53 Rec of Assn of Bar of City of NY, at 450 [1998]) (36 Ed Dept Rep 508 [Decision No. 13,787]) Supply case name information where applicable. For example: (Matter of Freeport Union Free School Dist. v Freeport Educ. Off. Assn., 31 PERB ¶ 4021 [1998]) (2) Ethics Opinions Cite as follows: (11 Advisory Comm on Judicial Ethics Op 91-68 [1991]) (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])
3.0 STATUTES AND LEGISLATIVE MATERIALS3.1 NEW
YORK STATUTES AND LEGISLATIVE MATERIALS
3.2 FEDERAL STATUTES
3.3 OUT-OF-STATE STATUTES
3.1 NEW YORK STATUTES AND LEGISLATIVE MATERIALS 3.1 (a) Statutory Abbreviation Style in
General
3.1 (b)
Statutory Citation Style
3.1 (c)
Nonstatutory Material In Statutory Compilations
3.1 (d)
Session Laws and Unconsolidated Laws
3.1 (e) Model
Codes, Proposed Codes and Uniform Laws
3.1 (f)
Legislative Materials 3.1 (a) Statutory Abbreviation Style in General The statute name abbreviations listed in
Appendix 4 should be used for statutory citations within
parentheses. Either the full name or the abbreviated name may be
used in running text. 3.1 (b) Statutory Citation Style (1) Basic Citation Form (a) Citations within Parentheses Citations should appear within parentheses as follows: (Penal Law art 80) (Penal Law, art 80, § 80.05) (Town Law § 199 [1] [a]) (ECL 11-0703 [4] [b]) (General Municipal Law § 50-e [3] [d]) (CPLR 5602 [b] [2] [iii]) (Domestic Relations Law § 236 [B] [6] [a] [3]) (Interstate Commerce Act, part II, § 204 [a] [1] [49 USC § 304 (a) (1)]) (b) Citations in Running Text Some suggested forms of statutory citations in running text are as follows: Town Law § 199 provides * * * Section 199 of the Town Law provides * * * Penal Law article 80 provides * * * Article 80 of the Penal Law provides * * * Penal Law, article 80, § 80.05 provides * * * Town Law § 199 (1) (a) provides * * * Subdivision (1) of Town Law § 199 provides * * * Paragraph (a) of Town Law § 199 (1) provides * * * Subdivision (1) (a) of Town Law § 199 provides * * * Clause (iii) of CPLR 5602 (b) (2) provides * * * Civil Practice Law and Rules § 5602 (b) (2) (iii) provides * * * CPLR 5602 (b) (2) (iii) provides * * * (2) Citation Strings and Multiple Statutory Citations (a)
Parallel Hierarchy Citations within Parentheses References to parts, subdivisions, paragraphs, 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: (Town Law § 199 [1], [3]) (CPLR 5602 [a], [b]) (Penal Law § 125.25 [1] [a], [b]) The comma is inserted between divisions of the same rank. Citations in Running Text Some suggested forms of citation of parallel hierarchy in running text are as follows: Town Law § 199 (1), (3) provide * * * Subdivisions (1) and (3) of Town Law § 199 provide * * * Penal Law § 125.25 (1) (a), (b) provide * * * (b) Ascending HierarchyCitations within Parentheses References to divisions of sections of statutes cited in ascending hierarchy (divisions followed by more inclusive divisions of the section) should appear within parentheses as follows: (Town Law § 199 [1] [a]; [3]) (CPLR 5602 [a] [1] [ii]; [b] [2]) The semicolon is inserted at the point where a following division is of a more inclusive character than the preceding one. Citations in Running Text Some suggested forms of ascending hierarchy citations in running text are as follows: Town Law § 199 (1) (a) and (3) provide * * * Subdivisions (1) (a) and (3) of Town Law § 199 provide * * * (c) Multiple Sections of Statute with Section Symbol Citations within Parentheses In citations of multiple sections of a statute, the section symbol must be repeated (with a semicolon preceding it) at the point where a following division is of a more inclusive character than the preceding one. For instance, when a section has been split as far as a subdivision and the next citation is a section, the section symbol must be repeated with the semicolon preceding the symbol. The form is: (Town Law § 199 [1]; § 200) (Town Law §§ 198, 199 [1] [a], [b]; [3]; § 200) (Labor Law § 200 [1], [4]; § 220-a [2]; see also, §§ 220-a, 220-b) Citations in Running Text In citing multiple sections of a statute in running text, the form is: Town Law §§ 198, 199 (1) (a), (b); (3) and § 200 provide * * * This form may be modified where the grammatical construction of the sentence requires. For example: Town Law §§ 198, 199 (1) (a) and (b), § 199 (3), and § 200 provide * * * (d)
Multiple Sections of Statute without Section Symbol Citations within Parentheses Where the form of statutory citation omits the section symbol (e.g., CPL, CPLR, ECL, EPTL, PRHPL, RPAPL, SCPA), citations of multiple sections of the statute appear as follows when cited within parentheses: (CPL 30.20 [2]; 100.05) (CPLR 5601 [a], [b] [2]; 5602 [a] [1] [ii]) Citation in Running Text When citations omitting the section symbol appear in running text, suggested forms are: Civil Practice Law and Rules § 5601 (a), (b) (2) and § 5602 (a) (1) (ii) provide * * * CPLR 5601 (a), (b) (2) and 5602 (a) (1) (ii) provide * * * (3) Statutory Amendments, Additions and Renumbering (a) Basic Statutory Amendment Citation in Running Text Cite as follows: Abandoned Property Law § 103 (a) (as amended by L 1944, ch 498) provides * * * Citation within Parentheses Cite as follows: (Abandoned Property Law § 103 [a], as amended by L 1944, ch 498) (b) Statutory Addition and Amendment Citation in Running Text Cite as follows: Energy Law § 12-103 (as added by L 1978, ch 649, § 1, as amended by L 1980, ch 556, § 1) provides * * * Citation within Parentheses Cite as follows: (Energy Law § 12-103, as added by L 1978, ch 649, § 1, as amended by L 1980, ch 556, § 1) (c) Renumbering of Statute Citation in Running Text Cite as follows: UCCA 1812 (as renum by L 1976, ch 156) provides * * * Citation within Parentheses Cite as follows: (UCCA 1812, as renum by L 1976, ch 156)
(a) Basic Form Cite statutes referred to in a historical context as: (former Penal Law § 210 [5] [a]) When cited in running text, interior
brackets are changed to parentheses: Former Penal Law § 210 (5) (a) provided * * * (b) More Precise Form When greater precision is desired the following forms may be used: Citation within Parentheses (Judiciary Law former § 434) (Judiciary Law § 434 [former (6)]) (Education Law § 2518 [1] [former (a)]) Citation in Running Text Judiciary Law former § 434 provided * * * Former section 434 of the Judiciary Law provided * * * Judiciary Law § 434 (former [6]) provided * * * Education Law § 2518 (1) (former [a]) provided * * *
3.1 (c) (1) In General Commercial statutory compilations often provide commentaries, statutory histories, reviser notes, etc., following a statute or in an appendix. They are cited as follows: (2) Citation within Parentheses Cite as follows: (McKinney's Cons Laws of NY, Book 1, Statutes § __) (Constitutional Interpretation, McKinney's Cons Laws of NY, Book 2, Constitution § __ [1969 ed]) (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) (Preiser, 1985 Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph, at 203) (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 Cons Laws Serv, Book 4A, CPLR 105, at 28) (3) Citation in Running Text Cite as follows: McKinney's Consolidated Laws of NY, Book 1, Statutes § __ states * * * According to Constitutional Interpretation (McKinney's Cons Laws of NY, Book 2, Constitution § __ [1969 ed]) * * * Siegel, Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR C3219:1) explains * * * Preiser, 1985 Supplementary Practice Commentaries (McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph, at 203) discusses * * * As explained in Givens, Supplementary Practice Commentaries (McKinney's Cons Laws of NY, Book 23A, General Obligations Law § 5-701, 1991 Pocket Part, at 8-9) * * * The Advisory Committee Notes following
CPLR 105 (reprinted in NY Cons Laws Serv, Book 4A, at 28) provide
background * * * 3.1 (d) Session Laws and Unconsolidated Laws (1) In General 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. Citation may be made to the appropriate session and chapter as well as to the act's popular name or short title, if any. In addition, if the enactment is contained in McKinney's Unconsolidated Laws of New York or New York Consolidated Laws Service Unconsolidated Laws, a citation to these compilations may be included. Subsequent references to an unconsolidated law's popular name or short title may appear in an abbreviated form (e.g., Emergency Tenant Protection Act of 1974 [ETPA] or Rent Stabilization Law of 1969 [RSL]). (2) Citation within Parentheses Cite as follows: (L 1962, ch 21, as amended) (Abandoned Property Law § 103 [a], as amended by L 1944, ch 498) (Nassau County Administrative Code § __; L 1939, chs 272, 701-709, as amended) (McKinney's Uncons Laws of NY § __ [Local Emergency Housing Rent Control Act § __; L 1962, ch 21, as amended]) (NY Cons Laws Serv Uncons Laws § __ [Local Emergency Housing Rent Control Act § __; L 1962, ch 21, as amended]) (3) Citation in Running Text Cite as follows: Laws of 1962 (ch 21, as amended) or chapter 21 of the Laws of 1962 (as amended) Abandoned Property Law § 130 (a) (as amended by L 1944, ch 498) Nassau County Administrative Code § __ (L 1939, chs 272, 701-709, as amended) McKinney's Unconsolidated Laws of NY § __ (Local Emergency Housing Rent Control Act § __; L 1962, ch 21, as amended) New York Consolidated Laws Service Unconsolidated Laws § __ (Local Emergency Housing Rent Control Act § __; L 1962, ch 21, as amended) 3.1 (e) Model Codes, Proposed Codes and Uniform Laws Cite as follows: (Model Penal Code § 210.2 [Proposed Official Draft 1962]) (Model Code of Evidence rule 502 [1942]) (Unif Adoption Act [1994] § 1-101, 9 [part IA] ULA 20 [1999]) (Proposed NY Code of Evidence § 506 [a] [1982]) (Commn Staff Notes, reprinted in Proposed NY Penal Law [Study Bill, 1964 Senate Int 3918, Assembly Int 5376] § 25.05, at 264) When citing in running text, convert internal brackets to parentheses. 3.1 (f) Legislative Materials Cite as follows: (1964 NY Legis Doc No. 12, at 10) (21st Ann Report of Chief Admin of Cts, at 15) (21st Ann Report of NY Jud Conf, at 403) (14th Ann Report of Jud Conf on CPLR, reprinted in 21st Ann Report of NY Jud Conf, ch 6, at 278, 293) (Governor's Mem approving L 1989, ch 750, 1989 NY Legis Ann, at 326) (Mem of Off of Ct Admin, 1990 McKinney's Session Laws of NY, at 2937) (1981 NY Assembly Bill A 2566) (1982 NY Senate-Assembly Bill S 9566, A 12451) (Mem of Assembly Rules Comm, Bill Jacket, L 1989, ch 659) (4th Report of Temp St Commn on Estates, 1965 NY Legis Doc No. 19, at 24 (3 Revised Rec, 1938 NY Constitutional Convention, at 2204) (Sponsor's Mem, Bill Jacket, L 1994, ch 222) (Senate Introducer Mem in Support, Bill Jacket, L 1996, ch 600, at 11) [Bill Jacket cumulatively paginated] (Letter from State Ins Dept, June 30, 1980, at 3, Bill Jacket, L 1998, ch 586) [reference to pagination of document] (57 Fed Reg 48451 [1992] [codified at 15 CFR 1150.1 et seq.]) (NY Reg, Sept. 28, 1994, at 37-41) (HR Rep No. 730, 95th Cong, 2d Sess, at 25, reprinted in 1978 US Code Cong & Admin News at 9130, 9134) (147 Cong Rec H3052-01 [June 12, 2001]) (City Record, June 30,1986, at 1700) (Executive Order [Pataki] No. 39 [9 NYCRR 5.39]) When citing in running text, convert interior brackets to parentheses. 3.2 (a) Federal Statutory
Abbreviations
3.2 (b) Federal
Statutory Citation Style 3.2 (a) Federal Statutory Abbreviations Use the abbreviations listed in Appendix 4 as applicable. 3.2 (b) Federal Statutory Citation Style (1) In General Cite to the United States Code if therein. Federal Public Laws or United States Statutes-at-Large may be cited to refer to an enactment not contained in the United States Code or to indicate the addition, amendment, renumbering or repeal of a law contained in the United States Code. (2) Citation within Parentheses Cite as follows: (Clean Water Act of 1977, 33 USC § 1251 et seq., as added by Pub L 95-217, 91 US Stat 1566) (Social Security Act § 208 [42 USC § 408]) (50 USC Appendix § 525) (3) Citation in Running Text Cite as follows: Clean Water Act of 1977 (33 USC § 1251 et seq., as added by Pub L 95-217, 91 US Stat 1566) Section 208 of the Social Security Act (42 USC § 408) 50 USC Appendix § 525 3.3 (a) Generally
3.3 (b)
Citation within Parentheses
3.3 (c)
Citation in Running Text 3.3 (a) Generally The general rules of parenthetical and running text citation should be observed when referring to out-of-state statutes. Within parentheses the name of the statutory compilation should be abbreviated, e.g., "(NJ Stat Ann)"; however, in running text, either the abbreviation or the full name, e.g., "New Jersey Statutes Annotated," may be used. In addition, the relevant jurisdiction's designation of statutory divisions should be used. For example, some states refer to the first division of a section as a subsection or the first division of an article as a paragraph. Furthermore, use any abbreviations provided in an out-of-state compilation's prescribed form of statutory citation. 3.3 (b) Citation within Parentheses Cite as follows: (Fla Stat Ann, tit 17, § 102.31) (Cal Penal Code § 1324.1) (Tex Stat Ann § 5561h [a] [2]) 3.3 (c) Citation in Running Text Cite as follows: Florida Statutes Annotated, title 17, § 102.31 California Penal Code § 1324.1 Texas Statutes Annotated § 5561h (a) (2) 4.0 REGULATIONS, COURT RULES, AND JURY INSTRUCTIONS4.1 NEW YORK
RULES, REGULATIONS AND INSTRUCTIONS
4.2 FEDERAL RULES AND REGULATIONS 4.1 NEW YORK RULES, REGULATIONS, AND
INSTRUCTIONS 4.1 (a) Basic Citation Form
4.1 (b)
Particular Rules and Regulations
4.1 (c) Jury
Instructions 4.1 (a) Basic Citation Form (1) Citation within Parentheses The Official Compilation of Codes, Rules and Regulations of the State of New York is cited within parentheses as follows:
(2) Citation in Running Text When cited in running text, interior brackets are changed to parentheses as follows: 12 NYCRR 23-1.7 (b) (1) 4.1 (b) Particular Rules and Regulations (1) New York City Civil Service Commission Rules and Regulations (a) Citation within Parentheses Cite as follows: (NY City Civ Serv Commn Rules & Regs, rule IV, § 4.7.1) (b) Citation in Running Text Cite as follows: New York City Civil Service Commission Rules and Regulations, rule IV, § 4.7.1 (2) Rules of
the City of New York
(a) Citation in Parentheses Cite as follows: (Rules of City of NY Dept of Parks & Recreation [56 RCNY] § 1-01) (Personnel Rules & Regs of City of New York [55 RCNY] Appendix A, ¶ 4.7.1) (b) Citation in Running Text Cite as follows: Rules of City of New York Department of Parks and Recreation (56 RCNY) § 1-01 Personnel Rules and Regulations of City of New York (55 RCNY) Appendix A, ¶ 4.7.1 (3) Rules of the Appellate Division (a) Citation within Parentheses Cite as follows: (Rules of App Div, 2d Dept [22 NYCRR] § __) (b) Citation in Running Text Cite as follows: Rules of the Appellate Division, Second Department (22 NYCRR) § __ (4) Uniform Rules for the New York State Trial Courts (a) Citation within Parentheses Cite as follows: (Uniform Rules for Trial Cts [22 NYCRR] § __) (b) Citation in Running Text Cite as follows: Uniform Rules for Trial Courts (22 NYCRR) § __ (c) Particular Uniform Rules Citation within Parentheses Cite as follows: (Uniform Rules for Sur Ct [22 NYCRR] § __) Citation in Running Text Cite as follows: Uniform Rules for Surrogate's Court (22 NYCRR) § __ (5) Code of Professional Responsibility, Rules of Judicial Conduct, and Code of Judicial Conduct (a) Generally Citations to the Code of Professional
Responsibility may be to the Canons, Disciplinary Rules or
Ethical Considerations. Citations to the Disciplinary Rules in
effect from September 1, 1990 must contain references to both
the Code of Professional Responsibility and the Official
Compilation of Codes, Rules and Regulations of the State of New
York (NYCRR). (b) Citation within Parentheses Cite as follows: (Code of Professional Responsibility DR 1-102 [a] [7] [22 NYCRR 1200.3 (a) (7)]) (Code of Professional Responsibility Canons 3, 4) (Rules of Judicial Conduct [22 NYCRR] § 100.2 [A], [B]; § 100.3 [B] [1]) (Code of Judicial Conduct Canon 2) (c) Citation in Running Text Cite as follows: Code of Professional Responsibility EC 7-23, EC 2-19 Code of Professional Responsibility DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) Code of Professional Responsibility Canons 3, 4 Rules of Judicial Conduct (22 NYCRR) § 100.2 (A), (B) and § 100.3 (B) (1) Code of Judicial Conduct Canon 2 (6) Rent Statutes and Regulations (a) Citation within Parentheses Cite as follows: (Emergency Housing Rent Control Law § __ [L 1946, ch 274]) (Emergency Tenant Protection Act of 1974 § __ [L 1974, ch 576, § 4]) (Emergency Tenant Protection Regulations [9 NYCRR] § __) [contained in parts 2500-2510] (Local Emergency Housing Rent Control Act § __ [L 1962, ch 21]) (Loft Law [Multiple Dwelling Law art 7-C] § __) (NY City Loft Board Regulations [29 RCNY] § __) (NY City Rent and Eviction Regulations [9 NYCRR] § __) [contained in parts 2200-2210] (NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § __) [contained in tit 26, ch 3, § 26-401 et seq.] (NY State Rent and Eviction Regulations [9 NYCRR] § __) [contained in parts 2100-2109] (Rent Stabilization Code [9 NYCRR] § __) [contained in parts 2520-2530] (Rent Stabilization Law of 1969 [Administrative Code of City of NY] § __) [contained in tit 26, ch 4, § 26-501 et seq.] (b) Citation in Running Text Either abbreviations or the full names may be used in running text. Interior brackets are changed to parentheses as follows: New York City Loft Board Regulations (29 RCNY) § __ 4.1 (c) Pattern Jury and Criminal Jury Instructions (1) Pattern Jury Instructions Citation to charge: (PJI3d 2:225 [1999]) Citation to comment: (1A NY PJI3d 957 [1999]) In running text, use either abbreviations or full name, and convert internal brackets to parentheses. (2) New York Criminal Jury Instructions Citation to charge and text: (1 CJI[NY] 8.01, at 377) Citation to charge: (CJI[NY]2d PL 140.15, at 140-1037) In running text, use either abbreviations or full name, and convert internal brackets to parentheses. 4.2 FEDERAL RULES AND REGULATIONS 4.2 (a) Basic Citation Form
4.2 (b)
Particular Rules and Regulations
4.2 (a) Basic Citation Form (1) Citation within Parentheses The Code of Federal Regulations is cited within parentheses as follows:
(2) Citation within Parentheses including Date Include date if greater precision is required, as follows: (7 CFR 8.6 [2000]) (3) Citation in Running Text When cited in running text, interior brackets are changed to parentheses as follows: 7 CFR 8.6 (2000) 4.2 (b) Particular Rules and Regulations (1) Federal Rules of Civil Procedure (a) Citation within Parentheses Cite as follows: (Fed Rules Civ Pro rule 4 [b]) (b) Citation in Running Text Cite as follows: Federal Rules of Civil Procedure rule 4 (b) (2) Federal Rules of Criminal Procedure (a) Citation within Parentheses Cite as follows: (Fed Rules Crim Pro rule 8 [a]) (b) Citation in Running Text Cite as follows: Federal Rules of Criminal Procedure rule 8 (a) (3) Federal Rules of Evidence (a) Citation within Parentheses Cite as follows: (Fed Rules Evid rule 804 [b] [5]) (b) Citation in Running Text Cite as follows: Federal Rules of Evidence rule 804 (b) (5)
5.0 CONSTITUTIONS5.1 GENERAL RULE
5.2
EXAMPLES Cite English-language constitutions by country or state. 5.2 (a) Citations within Parentheses
5.2 (b) Citations within Running
Text
5.2 (a) Citations within Parentheses When cited within parentheses, both the name of the country or state and the word "Constitution" should be abbreviated, as in the following examples: (NY Const art VI) (NY Const, art VI, § 35) (US Const, art III, § 3) (US Const, art I, § 8 [3]) (US Const, 14th Amend, § 1) (US Const 14th, 15th Amends) or (US Const Fourteenth Amend) or (US Const Amend XIV) 5.2 (b) Citation in Running Text When constitutional citations appear in running text, either abbreviations or full names may be used. Some suggested forms are as follows: NY Constitution article VI New York Constitution article VI NY Constitution, article VI, § 35 US Constitution, article III, § 3 United States Constitution, article III, § 3 US Constitution, 14th Amendment, § 1 article I (§ 8 [3]) of the US Constitution US Constitution 14th Amendment or US Constitution Fourteenth Amendment
or
US Constitution Amendment XIV
or
Fourteenth Amendment of the United States Constitution
6.0 TREATIES AND INTERNATIONAL AGREEMENTS6.1 GENERAL RULE
6.2 EXAMPLES Treaties signed prior to 1949 are contained in and cited to the United States Statutes-at-Large. Treaties signed since 1949 are contained in and may be cited to United States Treaties and Other International Agreements (UST) (the official source). 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). 6.2 (a) Citations within Parentheses
6.2 (b) Citations within Running
Text
6.2 (a) Citations within Parentheses Cite as follows: (Treaty of Ghent, 8 US Stat 218 [1814]) (Bermuda Multilateral Telecommunications Agreement, 60 US Stat 1636,TIAS No. 1518 [1945]) (Hague Convention on the Taking of Evidence Abroad, 23 UST 2555, TIAS No. 7444 [1970]) Warsaw Convention art 17, 49 US Stat 3000, 3018, reprinted following 49 USCA § 40105 6.2 (b) Citations in Running Text Cite as follows: Treaty of Ghent (8 US Stat 218 [1814]) Bermuda Multilateral Telecommunications Agreement (60 US Stat 1636, TIAS No. 1518 [1945]) Hague Convention on the Taking of Evidence Abroad (23 UST 2555, TIAS No. 7444 [1970]) Warsaw Convention article 17 (49 US Stat 3000, 3018, reprinted following 49 USCA § 40105)
7.0 LEGAL PERIODICALS, TREATISES, AND OTHER WORKS7.1 GENERAL RULES 7.2 PERIODICALS AND NEWSPAPERS 7.3 TREATISES 7.4 DICTIONARIES AND ENCYCLOPEDIAS 7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS 7.6 RESTATEMENTS 7.1 (a) Page References
7.1 (b) Names of Authors
7.1 (c) Internet Materials
7.1 (a) Page References Some electronic sources do not contain page
references; however, a page reference should be included if provided
in the source consulted. 7.1 (b) Names of Authors The use of the full names of authors is optional. 7.1 (c) Internet Materials Citation to Internet material is permitted where the material is not available in another form. Provide the Uniform Resource Locator (URL), author (if any given), title or heading, and date the document was last updated: (DOH Wadsworth Center, Paternity/Identity Testing Standards <http://www.wadsworth.org/labcert/document.pdf> [last updated May 12, 1999]) When the document does not provide information as to when it was last updated, provide the date on which the site was accessed: (Multi-State Life Insurance Task Force and Multi-State Market Conduct Examination of The Prudential Insurance Company of America, Executive Summary <http://www.naic.org/nj/prusum.htm> [accessed June 13, 2000]) 7.2 PERIODICALS AND NEWSPAPERS7.2 (a) General Style
7.2 (b)
Student-Authored Works 7.2 (a) General Style Generally, cite as follows: (Reese, Legislative Jurisdiction, 78 Colum L Rev 1587, 1591-1594 [1987]) (Welsh, Estates and Trusts, 1996-97 Survey of New York Law, 48 Syracuse L Rev 623 [1998]) (23 Siegel's Practice Review, New Filing System, at 3 [Sept. 1994]) (McCann, Standards for Expert Testimony in New York Death Penalty Cases, 68 NY St BJ 30 [July/Aug. 1996]) (Spencer, Court of Appeals Caseload Shifts, NYLJ, May 2, 1991, at 1, col 3) (Marnell, Outside Counsel, In Custody Case, Third Department Departs From Prior New York Case Law, NYLJ, June 16, 1999, at 1, col 1) 7.2 (b) Student-Authored Works A student-authored law review article may be designated as either a "Note" or "Comment," or by the author's name, as follows: (Note, Incompetency to Stand Trial, 81 Harv L Rev 454 [1967]) (Fenn, Supreme Court Justices: Arguing before the Court after Resigning from the Bench, 84 Geo LJ 2473 [1996]) 7.3 TREATISES7.3 (a) General Style
7.3 (b)
Abbreviated Treatise Titles
7.3 (c) Omitted
Title Material
7.3 (d) CD-ROM
Materials
7.3 (a) General Style Generally, cite as follows: (Karger, Powers of the New York Court of Appeals § 51, at 313 [3d ed]) (Prosser and Keeton, Torts § 44, at 309-310 [5th ed]) (Prince, Richardson on Evidence § 8-254 et seq. [Farrell 11th ed]) (2 Dobbs, Torts § 359, at 988-989 [2001]) (11 Lord, Williston on Contracts § 32:6, at 432 [4th ed]) (8 Warren's Weed, New York Real Property, Mechanics' Liens § 2.03 [4th ed]) (4C Warren, Negligence in New York Courts § 84.01 [7], at 64 [4th ed]) (12 Warren's Heaton, Surrogates' Courts § 194.01[4], at 194-13 [6th ed rev]) (3A Freed, Brandes and Weidman, Law and the Family New York § 11:11, at 98 [2d ed rev 1993]) (1 Dolan, Rasch's Landlord and Tenant—Summary Proceedings § 1:14, at 88 [4th ed]) (3 White and Summers, Uniform Commercial Code § 22-3, at 17 [Practitioner's 4th ed]) (9 Wigmore, Evidence § 2450, at 163 [Chadbourn rev 1981]) (11 Scheinkman, New York Law of Domestic Relations § 3.7, at 87 [West's NY Prac Series 1996]) 7.3 (b) Abbreviated Treatise Titles The titles of the following frequently cited treatises may be abbreviated: (Siegel, NY Prac § 194, at 309 [3d ed]) (8 Weinstein-Korn-Miller, NY Civ Prac ¶ 4012.02) 7.3 (c) Omitted Title Material Where the title of a legal treatise begins
with language such as "Law of," "Handbook on" or "A Treatise on,"
such prefatory material is omitted from the citation title. 7.3 (d) CD-ROM Materials When material is not published in print form, but is solely available on CD-ROM, provide the date of the version being cited along with the word "CD-ROM" in a parenthetical if CD-ROM is not mentioned in the title, as follows: (Balotti & Finkelstein, Delaware Law of
Corporations and Business Organizations on CD-ROM [3d ed, Aspen L
& Bus 1998]) 7.4 DICTIONARIES AND ENCYCLOPEDIASCite as follows: (Black's Law Dictionary 712 [7th ed 1999]) (1 Am Jur 2d, Accession and Confusion § 2) (12 NY Jur 2d, Buildings, Zoning, and Land Controls § 377) (1 CJS, Actions § 75) (10 Carmody-Wait 2d, NY Prac § 70:461, at 510) 7.5 AMERICAN LAW REPORTS (ALR) ANNOTATIONS7.5 (a) General Style
7.5 (b)
Author's Name 7.5 (a) General Style Generally, cite as follows: (Annotation, Confidentiality of Income Tax Returns, 1 ALR4th 959, 967, § 12) (Annotation, Patient's Statements—Admissibility, 37 ALR3d 778) 7.5 (b) Author's Name An author's name may be used in the citation: (Catalano, Annotation, Promissory Estoppel of Lending Institution Based on Promise to Lend Money, 18 ALR5th 307) 7.6 RESTATEMENTSCite as follows: (Restatement [Second] of Conflict of Laws § 305, comment b, illustration 1) (Restatement [Second] of Agency § 20) (Restatement of Restitution § 104 [a], [b])
8.0 TITLES OF ACTIONS AND PROCEEDINGS8.1 GENERAL RULES OF TITLE FORMULATION
8.2 COMMON TITLE
STYLES
8.3 TITLES IN VARIOUS
ACTIONS AND PROCEEDINGS 8.1 GENERAL RULES OF TITLE FORMULATION 8.1 (a) Parties at Trial Level
8.1 (b) Parties at Appellate Level
8.1 (c) Parties at Same Status
8.1 (d) Full Names and Initials
8.1 (e) Representative or Official
Capacity
8.1 (f) Terms Omitted
8.1 (g) Parties in Transferred
Proceedings, Etc.
8.1 (h) Nonappealing Parties
8.1 (a) Parties at Trial Level Typically, in an action the parties 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), whereas in a proceeding the title caption begins with the language "In the Matter of" and the parties are referred to as Petitioner and Respondent. In criminal actions, the prosecuting authority is usually described as "The People of the State of New York." 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." and the petitioning party is referred to as the Relator and the opposing party as the Respondent. In claims against the State, the prosecuting party is referred to as the Claimant and the State as the Defendant. 8.1 (b) Parties at Appellate Level On the appellate level, a party is referred to according to his or her status on appeal, e.g., Appellant or Respondent. Cross-appealing parties are designated Appellant-Respondent and Respondent-Appellant, the first party to appeal being the Appellant-Respondent. In impleader situations, Third-Party Plaintiff-Appellant, Third-Party Defendant-Respondents and the like should be used. 8.1 (c) Parties with Same Status Generally, where there is more than one party sharing the same status (i.e., Defendants, Appellants), only the name of the first named party of that status should appear in the title followed by "et al." However in a criminal action with multiple defendants, up to five defendants may be listed in the title followed by an "et al." in the event of more than five criminal defendants. In addition, where the person or entity omitted is not a party to the action or proceeding (most commonly the children in child neglect, abuse or custody proceedings) "and Another" or "and Others" should be used instead of et al. (e.g., In the Matter of Kaitlyn S. and Another, Children Alleged to be Abused). 8.1 (d) Full Names and Initials The full names of defendants in criminal actions and party-attorneys in disciplinary proceedings are set forth. In all other cases, use the party's middle initial(s) rather than the full middle name(s), e.g., John T. Smith. 8.1 (e) Representative or Official Capacity If a party is sued or suing in a representative or official capacity, such capacity should be set forth in the title. In addition, if a suit is brought "on Behalf" of an entity or "by" a representative, official or guardian, this should be so designated. Also, where a party is identified solely by his or her governmental office (e.g., "Attorney General of the State of New York"), the name of the officeholder need not be supplied. 8.1 (f) Terms Omitted The word "the" should not precede a party's name except in the case of "The People of the State of New York" and names of ships (The Hopatcong). Omit the words "the Application of" and "for a judgment under CPLR article 78" in CPLR article 78 proceeding titles. Omit locations of parties where not part of their actual (e.g., corporate) name (e.g., Evangelical Church of Brooklyn, Canisius College of Buffalo). 8.1 (g) Parties in Transferred Proceedings, Etc. Where a proceeding commenced in Supreme Court is transferred to the Appellate Division, the parties are designated Petitioner and Respondent, not Appellant and Respondent. However, in unemployment insurance and workers' compensation proceedings which are appealed directly to the Appellate Division from the Unemployment Insurance Appeal Board or Workers' Compensation Board, the parties are referred to by their statuses on appeal, i.e., Appellant and Respondent. 8.1 (h) Nonappealing Parties In appellate titles, nonappealing parties who do not participate in the appeal as appellants or respondents are not named unless they are the first listed party (plaintiff/defendant or petitioner/respondent), e.g., Jan Wojtowicz, Jr., Respondent, et al., Plaintiffs, v Agnes Sweeney, Defendant, and Sol Zigman, Appellant. In an appellate action or proceeding title list, omit adjunct captions (e.g., third-party or consolidated actions or proceedings) in which no party participating in the appeal appears. Use a suitable notation, for example (And Two Other Proceedings.) or (And a Third-Party Action.). 8.2 (a) Action with Party Suing in a
Representative Capacity
8.2 (b)
Proceedings against Unnamed Public Official
8.2 (c)
Criminal Action against Multiple Defendants
8.2 (d)
Appellate Action with Some Parties Not Participating in Appeal
8.2 (e)
Appellate Proceedngs with Cross-Appealing Parties
8.2 (a) Action with Party Suing in a Representative Capacity Denis Dillon, as District Attorney of the County of Nassau, Plaintiff, v Milton Bialstok, Defendant. 8.2 (b) Proceedings against Unnamed Public Official In the Matter of Medical Malpractice Insurance Association et al., Petitioners, v Superintendent of Insurance of the State of New York, Respondent. 8.2 (c) Criminal Action against Multiple Defendants The People of the State of New York, Plaintiff, v Dennis Charles and Fritz DePass, Defendants. 8.2 (d) Appellate Action with Some Parties Not Participating in Appeal Republic National Bank, Appellant, v Sylvia Greenwald et al., Defendants, and Public Equities Corp. et al., Respondents. 8.2 (e) Appellate Proceedings with Cross-Appealing Parties In the Matter of Alan Kane, Respondent-Appellant, v Thomas J. Bannon, Appellant-Respondent, and Keith J. Laing et al., Respondents, et al., Respondent. (Note: the Respondents in the above example are separately listed because the first Respondents are parties to the appeal and consequently are named, whereas the second Respondent is not participating in the appeal and thus is unnamed. Although each is a "Respondent" their statuses are different [the first being Respondents in an Appellant/Respondent context, the second a Respondent in the Petitioner/Respondent context] and accordingly they are not combined in the title.) 8.3 TITLES IN VARIOUS ACTIONS AND PROCEEDINGS See Appendix 6. 9.0 APPEARANCES OF COUNSEL9.1 GENERAL STYLE
9.2 AMICUS CURIAE
9.3 APPEARANCES ON OWN
BEHALF
9.4 APPEARING
SPECIALLY
9.5 NAME AND TITLE OF
PUBLIC OFFICIALS
9.6 ATTORNEY GENERAL
APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF A STATUTE
9.7 OUT-OF-STATE
ATTORNEY Use firm or legal organization name and individual names of appearing attorneys, unless only the firm or legal organization name(s) or attorney(s) name(s) are available. Where the middle name or names of an attorney are given, use them. Where an attorney is a party and also appears in his or her own behalf, use his or her middle name or names throughout. Include the city, village or town of the firm, legal organization or attorney(s) appearing for each party, when available. The following examples are illustrative: Thompson, Evans & Burns, New York City (Robert V. Levy of counsel), for Smithtown Teachers Association, appellant. Arthur J. Stone, Watertown (Dennis D. Linden of counsel), for respondent. Sol Greenberg, District Attorney, Albany (Ralph Tomes of counsel), for respondent. John Jones, Saratoga, for State Industrial Board, amicus curiae. Do not use "as" before amicus curiae. 9.3 APPEARANCES ON OWN BEHALF
9.3 (a) Non-Attorney Appearing on Own
Behalf
9.3 (b) Non-Attorney Appearing on
Own Behalf and by Attorney
9.3 (c) Attorney Appearing on Own
Behalf
9.3 (d) Attorney Appearing on Own
Behalf and for Client
9.3 (e) Attorney Appearing on Own
Behalf and by Attorney
9.3 (f) Attorney Appearing on Own
Behalf and by Attorney, and for Client 9.3 (a) Non-Attorney Appearing on Own Behalf Edmund B. Bellinger, defendant pro se. 9.3 (b) Non-Attorney Appearing on Own Behalf and by Attorney Hong Jang Tsai, pro se, and Stanley H. Schindler, Rome, for Hong Jang Tsai, defendant. 9.3 (c) Attorney Appearing on Own Behalf John Gerdes, Troy, appellant pro se. 9.3 (d) Attorney Appearing on Own Behalf and for Client Nancy Boochever, Yonkers, respondent pro se, and for Eugene A. Hegy, respondent. 9.3 (e) Attorney Appearing on Own Behalf and by Attorney John Gerdes, Troy, pro se, and Jose A. Ortiz, Albany, for John Gerdes, appellant. 9.3 (f) Attorney Appearing on Own Behalf and by Attorney, and for Client John Jones, Tonawanda, pro se, and Richard Roe, Tonawanda, for John Jones and another, appellants. Thomas Harold Matters, White Plains, for respondents appearing specially. 9.5 NAME AND TITLE OF PUBLIC OFFICIALS Use the name and title of the following officials (with name of counsel without his or her title within parentheses): Attorney General, United States Attorneys, District Attorneys, County Attorneys, Corporation Counsels, Town Attorneys, Village Attorneys and Public Defenders. The proper form is: John Doe, County Attorney, Niagara Falls (Richard Roe of counsel), for appellant. 9.6 ATTORNEY GENERAL APPEARING IN CASES INVOLVING CONSTITUTIONALITY OF STATUTE Robert Abrams, Attorney General (Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71. Barbara H. Scott, of the Illinois Bar, admitted pro hac vice, for appellant. 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, NAMES10.1 CAPITALIZATION
10.2 NUMERALS,
NUMBERS AND SYMBOLS
10.3 DATES AND TIME
10.4 NAMES
10.1 CAPITALIZATION10.1 (a) Generally
10.1 (b)
Government Bodies and Officials
10.1 (c) States
and Political Subdivisions
10.1 (d)
"Government"
10.1 (e)
"Federal"
10.1 (f)
"Capital" and "Capitol"
10.1 (g)
Courts
10.1 (h)
Judicial Officers
10.1 (i) Acts,
Bills, Codes, Constitutions, Etc.
10.1 (j)
Crimes
10.1 (k)
Parties 10.1 (a) Generally Capitalize in accordance with standard authorities, except as noted below. 10.1 (b) Government Bodies and Officials
Full names of specific government bodies and officials are capitalized. Subsequent short form references also are capitalized: the New York State Legislature, then the Legislature the Ways and Means Committee, then the Committee the Social Security Administrator, then the Administrator the Zoning Board of Appeals of the Town of Saugerties, then the Board the New York City Water Board Treasurer, then the Treasurer Chair of the Public Service Commission, then the Chair New York County Coroner, then the Coroner
(2) General References General references to government bodies and officials should not be capitalized: a district rent administrator a zoning board of appeals a treasurer 10.1 (c) States and Political Subdivisions The full names of states and their political subdivisions should be capitalized: State of New York The word "state" standing alone should be capitalized only when the word it modifies is capitalized, or when referring to a state as a party. In addition, the words "county," "city," "town," "village" and the like should be capitalized only when the word they modify is capitalized, or when referring to such political subdivision as a party. Capitalize district when naming a district in full, such as First Assembly District, Second Congressional District, but lowercase "district" when used as a general term, such as "one of the congressional districts." 10.1 (d) "Government" The word "Government" should be capitalized
only when referring to the United States. 10.1 (e) "Federal" Federal is capitalized only when modifying a capitalized word: the Federal Reserve, but federal budget 10.1 (f) "Capital" and "Capitol" Lowercase "capital"; capitalize "Capitol." 10.1 (g) Courts The full names of courts should be capitalized. Capitalize the word "court" when standing alone only when referring to the United States Supreme Court or the New York Court of Appeals, or when any court refers to itself. 10.1 (h) Judicial Officers Capitalize "Judge" or "Justice" only when
part of a personal name (Judge White) or when referring to a Justice
of the United States Supreme Court or a Judge of the New York Court
of Appeals. 10.1 (i) Acts, Bills, Codes, Constitutions, Etc. (1) Titles of Acts, Ordinances, Regulations, etc., Capitalize the titles of acts, ordinances, regulations, etc.: Penal Code, Code of Civil Procedure. But lowercase the words "statute," "ordinance," "regulation," etc., when standing alone. Lowercase general references to federal, state and municipal codes, such as: housing regulations, steel code, oil code, building code. Lowercase statute of limitations, statute of frauds, and rule against perpetuities. (2) Popular Names of Acts and Constitutional Clauses 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. (3) Constitutions Capitalize Constitution when referring to the specific Constitution of any nation or state, but lowercase it as a general term. Capitalize amendments to the Constitution when referred to by number, such as the Fifteenth Amendment. When referred to by name, capitalize if full title is given, such as the Child Labor Amendment; but lowercase "amendment" as a general term—"a constitutional amendment." 10.1 (j) Crimes Lowercase names of crimes: class D felony petit larceny 10.1 (k) Parties Lowercase "plaintiff," "defendant,"
"appellant," "respondent," etc. 10.2 (a) Numerals and Numbers
10.2 (b)
Symbols 10.2 (a) Numerals and Numbers (1) Spelling Out In general, numbers up to and including nine should be spelled out and numbers above nine should be denoted by figures. However, the style of the larger numbers controls the style of the smaller ones, when used in the same context (e.g., "The victim was uncertain whether the gunman was 8, 10, or 20 feet away at the time of the shooting"). Moreover, spell out numbers which begin a sentence (e.g., "Forty-five men were injured in the battle"). (2) Dollar Amounts Figures may be used for dollar amounts of any size: $1, $50, $1 million. (3) Fractions Fractions should be treated as follows: two-thirds share one-third-inch pipe one half of the farm 3¾ shares 10½ barrels (4) Roman Numerals In referring to articles of the federal
and state constitutions and statutes, roman numerals should be
retained. 10.2 (b) Symbols (1) General Rule Use symbols with figures (5¢, $3, 7%) and words with words (fifty dollars, twenty percent). (2) Distances and Measurements Distances and measurements should be treated as follows: 100 feet by 100 feet, not 100' x 100' 10 inches, not 10" 90 degrees, not 90° 10.3 (a) Month, Day and Year
10.3 (b) Month
and Year
10.3 (c) Day
and Year
10.3 (d) Year
Only
10.3 (e)
Abbreviation of Months
10.3 (f)
Time
10.3 (g)
Era 10.3 (a) Month, Day and Year The parties were married on June 11, 1993, in Schenectady. 10.3 (b) Month and Year The transactions took place in October 1989 at the Chicago Board of Trade. 10.3 (c) Day and Year The parties were married on Thanksgiving Day 1993. 10.3 (d) Year Only The document was signed in 2000. 10.3 (e) Abbreviation of Months All the months of the year, with the exception of May, June and July should be abbreviated when used in parentheses or footnotes: (Sept. 1) 10.3 (f) Time
10.3 (g) ERA 4 B.C. A.D. 1954 10.4 (a) Names of Judges
10.4 (b)
Personal Names 10.4 (a) Names of Judges (1) Names in Appeal Statements In appeal statements, use the full name of the judge. (2) Names in Running Text 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 * * *. Chancellor Kent's opinion pointed the way * * *. Judge Edward T. Bartlett of the Court of Appeals said * * *. (3) Name at Opinion Opening At the opening of each opinion the name of the judge appears as follows: Chief Judge KAYE; STARK, J. First names may be added to avoid ambiguity: PATRICIA D. MARKS, J.
Use the style of personal names as given in the record or briefs. In the event of conflicting styles, follow the personal name style used in papers submitted by or on behalf of that individual.
11.0 QUOTATIONS AND QUOTATION MARKS11.1 QUOTATIONS
11.2 QUOTATION MARKS 11.1 (a) General Rule
11.1 (b)
Punctuation of Quotations
11.1 (c)
Ellipsis; Omitted Material
11.1 (d)
Brackets
11.1 (e) Use of
"[sic]"
11.1 (f)
Material Emphasized
11.1 (g)
Statutory and Regulatory Material 11.1 (a) General Rule Quotations should be verbatim as to word style, citation style and punctuation. All quotations--including block quotations--must be enclosed within quotation marks. 11.1 (b) Punctuation of Quotations Commas and periods are placed within the ending quotation mark; colons and semicolons are placed outside. Other punctuation, such as question marks and exclamation marks, is placed within the ending quotation mark only if part of the quoted material. 11.1 (c) Ellipsis; Omitted Material Do not use an ellipsis ( * * * ) at the beginning or ending of a quotation. The omission of internal quotation marks or case citations may be indicated by a parenthetical, such as (internal quotation marks and citation omitted), in which case ellipses are not necessary. 11.1 (d) Brackets Use brackets to indicate that language has been added or modified. If bracketed language essentially replaces language omitted, there is no need to indicate the omission with ellipses. 11.1 (e) Use of "[sic]" 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. 11.1 (f) Material Emphasized To add emphasis to a quotation, use italics
and add a parenthetical: (Emphasis added). However, when the source
document in which a quotation is found uses a different style of
emphasis (e.g., underscoring, boldface), retain that style. 11.1 (g) Statutory and Regulatory Material Although some material in statutes and regulations is boldfaced, quotations of such material should be in normal type.
11.2 (a) Single-Paragraph Quotations
11.2 (b)
Multiple-Paragraph Quotations
11.2 (c)
Multiple Quotation Marks
11.2 (d) Use of
Quotation Marks for Short-Form References 11.2 (a) Single-Paragraph Quotations Single-paragraph quotes have quotation marks at the beginning and the end of the quoted language. 11.2 (b) Multiple-Paragraph Quotations Multiple-paragraph quotes have quotation marks at the beginning of each paragraph and at the end of the last paragraph. 11.2 (c) Multiple Quotation Marks If the quotation contains language that is already quoted (a quote within a quote) the previously quoted language may be enclosed within single quotation marks ('). Likewise, a quote within a quote within a quote may be enclosed within double quotation marks ("). For example: It is incumbent upon the People " 'to afford the defendant "a fair opportunity" to cross-examine the People's witnesses at trial' " (People v Perez, 65 NY2d 154, 158). Alternatively, a quotation from language already containing quotations may be quoted in the following manner: It is incumbent upon the People "to afford the defendant a fair opportunity to cross-examine the People's witnesses at trial" (People v Perez, 65 NY2d 154, 158 [internal quotation marks omitted]). Where not needed in the context, the author may omit internal quotation marks without adding the bracketed parenthetical notice. 11.2 (d) Use of Quotation Marks for Short-Form References To shorten a name, do not use quotation
marks within parentheses, e.g., American Red Cross of Greater New
York (Red Cross), not American Red Cross
of Greater New York ("Red Cross").
12.0 WORD STYLE IN GENERAL12.1 GENDER NEUTRAL WRITING
12.2 COMPOUND WORDS 12.1 (a) Use of Inclusive Terms
12.1 (b) Using
"He" or "She" as Generic Pronoun
12.1 (c)
Additional Background
12.1 (a) Use of Inclusive Terms Use inclusive terms, rather than masculine or feminine forms.
12.1 (b) Using "He" or "She" as Generic Pronoun Avoid using "he" or "she" as a generic pronoun. "He" or "she" should not be used to refer to a group of people that may include men and women or an individual whose gender is not known. Instead you might: (1) Eliminate the pronoun altogether. For example, "A court clerk can give you her advice on that form," can be changed to "A court clerk can give you advice on that form." (2) Find a neutral article or pronoun, such as a, the or this. "A Judge can always make his ruling orally," might be replaced by "A Judge can always make the ruling orally." (3) Rearrange the sentence to use who as the pronoun. "If someone wants an adjournment, he should ask for it during the calendar call," can be altered to "A person who wants an adjournment should ask for it during the calendar call." (4) Replace the pronoun with a synonym. "You should find a court officer. He is the one who can help you," can be changed to "You should find a court officer. That is the official who can help you." (5) Use a plural pronoun. Instead of saying, "A juror must make his own assessment of the credibility of each witness," you can say, "Jurors must make their own assessments of the credibility of each witness." 12.1 (c) Additional Background This section is based upon New York State Judicial Committee on Women in the Courts, Fair Speech: Gender-Neutral Language in the Courts (2d ed, NY State Unified Ct Sys 1997), which may be consulted for additional background.
12.2 (a) Generally
12.2 (b)
Hyphenated Adjectival Phrase
12.2 (c)
Hyphenated Prefix 12.2 (a) Generally Compound words may be open (separate
words, no hyphen), closed (spelled as one word), or hyphenated.
See the word list at Appendix 5. For words not on list, consult standard authorities. 12.2 (b) Hyphenated Adjectival Phrase Hyphenate an adjectival phrase formed of
two or more words preceding the noun modified only where ambiguity
might otherwise result. 12.2 (c) Hyphenated Prefix Hyphenate a prefix to a root word only
where ambiguity might otherwise result (e.g., re-present, not
represent; re-serve, not reserve).
PART III: TYPOGRAPHY AND SPACING
13.0 TYPOGRAPHY13.1 TITLES OF DECISIONS
13.2 PARAGRAPH AND SECTION HEADINGS
13.3 TIME ABBREVIATIONS
13.4 JUDGE NAME IN OPINION OPENING
13.5 ADDED EMPHASIS
13.6 FOREIGN WORDS AND PHRASES
13.7 OTHER ISSUES Name portions of a title are set in large and small capitals: JOHN J. MURPHY et al., as Administrators C. T. A. of MARTIN T. MURPHY, Deceased, Plaintiffs, v GEORGE SMITH, as Administrator D. B. N. of the Estate of THOMAS SMITH, Deceased, Defendant.
13.2 PARAGRAPH
AND SECTION HEADINGS Capitalize the first letter of each word, do not use small capitals, and underscore the heading. The heading may be centered or flush left
depending on the author's preference, but placement within an opinion
should be consistent. Both flush left and centered headings may be
used in a single decision. Abbreviations A.M. and P.M., and B.C. and A.D. are set in small capitals. 13.4 JUDGE NAME AT OPINION OPENING The name of the judge at the opening of an opinion is set in large and small capitals: Chief Judge KAYE. To add emphasis to a word or phrase, italicize it. 13.6 FOREIGN WORDS AND PHRASES See the word list at Appendix 5. If not on the list, consult general authorities for italicization. 13.7 (a) Names of Newspapers and Magazines 13.7 (b) References to Companion Case 13.7 (a) Names of Newspapers and Magazines Names of newspapers and magazines should not be italicized. New York Times Saturday Review of Literature 13.7 (b) References to Companion Case References to a companion case within the
text of an opinion or memorandum should be italicized. 14.0 SPACING14.1 ABBREVIATION SPACING 14.2 STATUTORY SPACING
There is no space between adjacent single-letter abbreviations used in either case names or titles of actions and proceedings. For example: Erie R.R. v St. Mark's R.C. Church Thomas Moore, M.D., P.C., Respondent, v Evans & Lee, LLP, Appellant. Spaces are inserted between the section number and each subsequent subdivision cited as follows: (Town Law § 199Δ[1]Δ[a];Δ[4]) (Domestic Relations Law § 236Δ[B]Δ[6] Δ[a]Δ[3]) PART IV: APPENDICES
APPENDIX 1 — COMMON CASE NAME ABBREVIATIONS APPENDIX 2 — ABBREVIATION OF CASE LAW REPORTS APPENDIX 3 — APPELLATE HISTORY AND OTHER ABBREVIATIONS USED IN CITATIONS APPENDIX 4 — STYLE AND ABBREVIATION OF PARTICULAR STATUTES APPENDIX 5 — STYLE OF PARTICULAR WORDS APPENDIX 6 — TITLES IN VARIOUS ACTIONS
AND PROCEEDINGS APPENDIX 1 COMMON CASE NAME
ABBREVIATIONS (Add "s" inside the period for plural use, unless otherwise indicated.) Accident— Acc. Adjustment— Adj. Advertise, Advertising— Adv. Administrat[ion, ive]— Admin. Administrat [or, rix]— Adm' [r, x] Agricult[ural, ure]— Agric. Air Conditioning— A.C. Aktiengesellschaft— AG. America[n]— Am. Apartment— Apt. Article— Art. Associate[s]— Assoc. Association— Assn. Assurance— Assur. Atlantic— Atl. Authority— Auth. Automobile— Auto. Avenue— Ave. Besloten Vennootschap—B.V. Board— Bd. Boulevard— Blvd. British— Br. Brotherhood— Bhd. Brothers— Bros. Builder— Bldr. Building— Bldg. Bureau— Bur. Business— Bus. Canada, Canadian— Can. Casualty— Cas. Center, Centre— Ctr. Central— Cent. Chapter— Ch. Chemical— Chem. Civil— Civ. College, Collegiate— Coll. Commission— Commn. Commissioner— Commr. Committee— Comm. Compagnie— Cie. Compania— Cia. Company— Co. Congregational— Cong. Consolidated— Consol. Construction— Constr. Continental— Cont. Contract, Contracting, Contractual, Contractor— Contr. Cooperative, Co-operative— Coop. Corporation— Corp. County— Do not abbreviate Court— Ct. Creek— Cr. Debenture— Deb. Department[al]— Dept. Development[al], Developer— Dev. Distribut[ing, ion, or]— Distrib. District— Dist. Division— Div. Domestic— Dom. Drive— Dr. East[ern]— E. Education[al]— Educ. Electric[al, ity]— Elec. Electronic— Elec. Elevat [ed, or]— El. Employ[ee, er, ment]— Empl. Engineer— Engr. Engineering— Eng'g Enterprise— Enter. Environment— Envt. Environmental— Envtl. Equipment— Equip. Equitable— Equit. European— Eur. Exchange— Exch. Executive— Exec. Execut [or, rix]— Ex'[r, x] Federal— Fed. Federation— Fedn. Fidelity— Fid. Financ[e, ial, ing]— Fin. Foundation— Found. Freight— Frgt. General— Gen. Gesellschaft mit beschränkter Haftung— GmbH Government— Govt. Guarantee, Guaranty— Guar. Heights— Hgts. Honorable— Do not abbreviate Horticult[ural, ure]— Hort. Hospital— Hosp. Housing— Hous. Incorporated— Inc. Indemni[ty, fication]— Indem. Independent— Ind. Industr[y, ies, ial]— Indus. Information— Info. Institut[e, ion]— Inst. Insurance— Ins. International— Intl. Invest[or, ment, ing]— Inv. Island[s]— Is. Junction— Junc. Junior— Jr. Kommanditgesellschaft auf Aktien— KGaA Laboratory— Lab. Liability— Liab. Library— Lib. Lighting— Light. Limited— Ltd. Limited Liability Corporation— L.L.C. or LLC Limited Liability Partnership— L.L.P. or LLP Liquor— Liq. Litigation— Litig. Lumber— Lbr. Machine[ry]— Mach. Magazine— Mag. Management— Mgt. Manager— Mgr. Manufacturer— Mfr. Manufacturing— Mfg. Marine; Maritime; Marina— Mar. Market— Mkt. Marketing— Mktg. Mechanic, Mechanical— Mech. Medical— Med. Meeting— Mtg. Memorial— Mem. Merchandise— Mdse. Methodist Episcopal— M.E. Methodist Reformed— M.R. Metropolitan— Metro. Mineral; Mining— Min. Mortgage— Mtge. Mountain— Mtn. Municipal— Mun. Mutual— Mut. Naamloze Vennootschap— N.V. National— Natl. National Association— N.A. Naval, Navigation— Nav. North[ern]— N. Number— No. Office— Off. Optical, Optician— Opt. Orchestra— Orch. Organi[z,s]ation, Organi[z,s]ing— Org. Pacific— Pac. Pharmaceutical, Pharmacy— Pharm. Philadelphia— Phila. Presbyterian— Presbyt. Preservation—Preserv. Printing— Print. Product[ion]— Prod. Professional Corporation— P.C. Property— Prop. Protestant— Prot. Public— Pub. Public Limited Company— plc Publication; Publishing, Publisher— Publ. Purchasing— Purch. Railroad— R.R. Railway— Ry. Rapid Transit— R.T. Recording— Rec. Refining— Ref. Reformed— Refm. Refrigerat[ing, ion]— Refrig. Reinsurance— Reins. Restaurant— Rest. River— Riv. Road— Rd. Roman Catholic— R.C. Route— Rte. Saint— St. Savings— Sav. Securit[y, ies]— Sec. Service— Serv. Sociedad Anónima, Societá in accomandita per azioni, Société Anonyme— S.A. Société, à Responsabilité, Limitée— S.A.R.L. Society— Socy. South[ern]— S. Square— Sq. Standard— Std. Station— Sta. Steamship[s]— S.S. Storage— Stor. Street— St. Superintendent— Supt. Surety— Sur. System[s]— Sys. Technical, Technology, Technologies— Tech. Tele[gram, graph, phone, vision]— Tel. Telecommunication[s]—Telecom. Terminal— Term. Theatrical— Theat. Theological— Theol. Title— Tit. Township— Twp. Transit— Tr. Transport[ation]— Transp. Treasurer— Treas. Tribunal— Trib. Unitarian— Unit. University— Univ. Utility— Util. Valley— Val. Vehicle— Veh. Vicinity— Vic. Village— Vil. West[ern]— W. APPENDIX 2 ABBREVIATION OF CASE LAW
REPORTS The years appearing within brackets following the names of the various Reports indicate the dates that the respective Reports have been published. (A) New York (B) Federal (C) Other Reports
Abbott's New Cases— Abb NC Abbott's Court of Appeals Decisions— Abb Ct App Abbott's Practice Reports— Abb Prac Abbott's Practice Reports, New Series— Abb Prac [NS] Anthon's Nisi Prius Cases— Anth NP, Anth NP2d Appellate Division Reports 1st Series— App Div Appellate Division Reports 2d Series— AD2d
Barbour's Supreme Court Reports— Barb Barbour's Chancery Reports— Barb Ch Bosworth's Superior Court Reports— Bosw Bradbury's Pleading and Practice Reports— Bradb Bradford's Surrogate's Reports— Bradf
Caines' Cases— Caines' Cas Caines' Reports— Caines Chancery Sentinel— Ch Sent City Court Reports (NY)— NY City Ct Rep City Hall Recorder (NY)— NY City H Rec City Hall Reporter (NY)— NY City H Rptr Civil Procedure Reports— NY Civ Pro Rep Civil Procedure Reports, New Series— NY Civ Pro Rep [NS] Clarke's Chancery Reports— Clarke Ch Code Reporter— NY Code Rptr Code Reporter, New Series— NY Code Rptr [NS] Code of Procedure Reports, New Series— NY Code Pro Rep [NS] Coleman's Cases— Colem Cas Coleman & Caines' Cases— Colem & C Cas Connoly's Surrogate's Reports—Connoly Court of Claims Reports— NY Ct Cl Cowen's Criminal Reports— Cow Crim Rep Cowen's Reports— Cow
Daly's Common Pleas Reports— Daly Demarest's Surrogate's Reports— Dem Denio's Reports— Denio Duer's Superior Court Reports— Duer
E. D. Smith's Common Pleas Reports— ED Smith Edmond's Select Cases— Edm Sel Cas Edwards' Chancery Reports— Edw Ch
Gibbons' Surrogate's Reports—Gibbons Hall's Superior Court Reports—Hall Hill & Denio, Lalor's Supplement— Hill & Denio Hill's Reports— Hill Hilton's Common Pleas Reports— Hilt Hoffman's Chancery Reports— Hoff Ch Hopkins' Chancery Reports— Hopk Ch Howard's Court of Appeals Cases— How App Cas Howard's Practice Reports— How Prac Howard's Practice Reports, New Series— How Prac [NS] Hun's Supreme Court Reports— Hun
Johnson's Cases— Johns Cas Johnson's Chancery Reports— Johns Ch Johnson's Reports— Johns Jones and Spencer's Superior Court Reports— Jones & Sp
Keyes' Reports— Keyes
Lansing's Reports— Lans Lansing's Chancery Reports— Lans Ch Livingston's Judicial Opinions— Liv Jud Op Lockwood's Reversed Cases— Lock Revd Cas
Mills' Surrogate Reports— Mills Miscellaneous Reports (Vols 1- 208)— Misc Miscellaneous Reports 2d Series— Misc 2d
New York Annotated Cases— NY Ann Cas New York City Court Reports— NY City Ct Rep New York City Hall Recorder— NY City H Rec New York City Hall Reporter— NY City H Rptr New York Civil Procedure Reports— NY Civ Pro Rep New York Civil Procedure Reports, New Series— NY Civ Pro Rep [NS] New York Code Reporter— NY Code Rptr New York Code Reporter, New Series— NY Code Rptr [NS] New York Code of Procedure Reports, New Series— NY Code Pro Rep [NS] New York Criminal Reports— NY Crim Rep New York Law Journal— NYLJ New York Leading Cases, Annotated— NYLC Ann New York Legal Observer— NY Leg Obs New York Monthly Law Bulletin— NY Monthly Law Bull New York Reports (Vols 1- 309)— NY New York Reports 2d Series— NY2d New York State Court of Claims Reports— NY Ct Cl New York State Department of Education Reports— 36 Ed Dept Rep 508 [Decision No. 13,787] New York State Department Reports— NY St Dept Rep New York State Labor Relations Board, Decisions and Orders of— NYSLRB New York State Law Digest— NY St Law Digest New York State Reporter— NY St Rptr New York Superior Court Reports (by Reporter)—
New York Supplement— NYS, NYS2d New York Weekly Digest— NY Week Dig
Paige's Chancery Reports— Paige Ch Parker's Criminal Reports— Parker Crim Rep Power's Surrogates' Reports— Power Public Employment Relations Board Reports— 31 PERB ¶ 3050 [1998] Public Service Commission of New York, Reports of— 34 NY PSC 1524 [Op No. 94-24] Public Service Commission of New York, First District, Proceedings of— 19 PSCR [1st Dist, NY] 142 Public Service Commission of New York, Second District, Reports of Decisions of— 9 PSCR [2d Dist, NY] 444
Redfield's Surrogates' Reports— Redf Robertson's Superior Court Reports— Robt
Sandford's Chancery Reports— Sandf Ch Sandford's Superior Court Reports— Sandf Selden's Notes of Cases— Seld Notes Sheldon's Reports— Sheld Silvernail's Court of Appeals Reports— Silvernail Ct App Silvernail's Supreme Court Reports— Silvernail Smith's (E.D.), Common Pleas Report— ED Smith Sweeny's Superior Court Reports— Sweeny
Thompson and Cook's Supreme Court Reports— Thomp & C Transcript Appeals— Transc App Tucker's Surrogate's Reports— Tuck
Wendell's Reports— Wend Wheeler's Criminal Cases— Wheel Crim Cas
Yates' Select Cases— Yates' Sel Cas
Bankruptcy Reporter— BR Federal Cases— Fed Cas No.__ Federal Claims Reporter [1992-date] [see also, US Court of Claims Reports and US Claims Court Reporter]—Fed Cl Federal Reporter Series— F, F2d, F3d Federal Rules Decisions— FRD Federal Supplement Series— F Supp, F Supp 2d Interstate Commerce Commission Reports— ICC Interstate Commerce Commission Reports, Motor Carrier Cases— MCC Motor Carrier Cases, Interstate Commerce Commission Reports— MCC Supreme Court Reporter— S Ct US Claims Court Reporter [1982-1992] [see also, US Court of Claims Reports and Federal Claims Reporter]—Cl Ct US Code Congressional and Administrative News— 1978 US Code Cong & Admin News, at 9130, 9134 US Court of Claims Reports [1863-1982] [see also,US Claims Court Reporter and Federal Claims Reporter]— Ct Cl US Law Week— USLW US Reports (beginning with 91 US)— US US Reports (by Reporter, up to and including 90 US)— Dallas—1 Dallas [1 US] Cranch—1 Cranch [5 US] Wheaton—2 Wheat [15 US] Peters—5 Pet [30 US] Howard—3 How [44 US] Black—1 Black [66 US] Wallace—4 Wall [71 US] US Supreme Court Reporter— S Ct US Supreme Court Reports, Lawyers' Edition— L Ed, L Ed 2d US Tax Court— USTC
Alabama Appellate Court Reports [1910-1976]— Ala App Alabama Reports [1840-1976]— Ala Alaska Reports [1884-1959]— Alaska American Maritime Cases— 1935 AMC American Reports— Am Rep American State Reports— Am St Rep Arizona Reports [1866-date]— Ariz Arizona Court of Appeals Reports [1965-1976]— Ariz App Arkansas Appellate Reports [1981-date]— Ark App Arkansas Reports [1837-date]— Ark Atlantic Reporter— A, A2d
California Appellate Reports [1905-date]— 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 California Reporter[1959-date]— Cal Rptr, Cal Rptr 2d California Reports [1850-date]— Cal, Cal 2d, Cal 3d, Cal 4th Colorado Reports [1864-1980]— Colo Colorado Court of Appeals Reports [1891-1915; 1970-1980]— Colo App Connecticut Appellate Reports [1983-date]— Conn App Connecticut Reports [1814- date]— Conn Connecticut Supplement [1935-date]— Conn Supp Criminal Law Reporter— Crim L Rptr [BNA]
Delaware Reports [1920-1966]— Del Delaware Chancery Reports [1814-1968]— Del Ch District of Columbia Appeals [1893-date]— US App DC District of Columbia Reports— DC
Florida Reports [1846-1948]— Fla Florida Supplement [1948-1992]— Fla Supp, Fla Supp 2d
Georgia Appeals Reports [1907-date]— Ga App Georgia Reports [1846-date]— Ga
Hawaii Appellate Reports [1980-1994]— Haw App Hawaii Reports [1847-date]— Haw
Idaho Reports [1866-date]— Idaho Illinois Appellate Court Reports [1877-date]— Ill App, Ill App 2d, Ill App 3d Illinois Court of Claims Reports [1889-date]— Ill Ct Cl Illinois Reports [1849-date]— Ill, Ill 2d Indiana Appellate Court Reports [1890-1979]— Ind App Indiana Reports [1848-1981]— Ind Iowa Reports [1855-1968]— Iowa
Kansas Court of Appeals Reports [1895-1901; 1977-date]— Kan App, Kan App 2d Kansas Reports [1862-date]— Kan Kentucky Reports [1785-1951]— Ky
Louisiana Annual Reports [1846-1900]— La Ann Louisiana Courts of Appeal Reports [1924-1932]— La App Louisiana Reports [1900-1972]— La
Maine Reports [1820-1965]— Me Maryland Reports [1851-date]— Md Maryland Appellate Reports [1967-date]— Md App Massachusetts Appeals Court Reports [1972-date]— Mass App Ct Massachusetts Reports [1804-date]— Mass Michigan Court of Appeals Reports [1965-date]— Mich App Michigan Reports [1847-date]— Mich Minnesota Reports [1851-1977]— Minn Mississippi Reports [1818-1966]— Miss Missouri Appeal Reports [1876-1952]— Mo App Missouri Reports [1821-1956]— Mo Montana Reports [1868-date]— Mont
Nebraska Appellate Reports [1992-date]— Neb App Nebraska Reports [1860-date]— Neb Nevada Reports [1865-date]— Nev New Hampshire Reports [1816-date]— NH New Jersey Reports [1948-date]— NJ New Jersey Superior Court Reports [1948-date]— NJ Super New Jersey Tax Court Reports [1979-date]— NJ Tax New Mexico Reports [1852-date]— NM North Carolina Reports [1868-date]— NC North Carolina Court of Appeals Reports [1968-date]— NC App North Dakota Reports [1890-1953]— ND Northeastern Reporter— NE, NE2d Northwestern Reporter— NW, NW2d
Ohio Appellate Reports [1913-date]— Ohio App, Ohio App 2d, Ohio App 3d Ohio Miscellaneous Reports [1965-date]— Ohio Misc, Ohio Misc 2d Ohio Opinions [1934-1982]— Ohio Op, Ohio Op 2d, Ohio Op 3d Ohio State Reports [1852-date]— Ohio St, Ohio St 2d, Ohio St 3d Oklahoma Reports [1890-1953]— Okla Oregon Reports [1853-date]— Or Oregon Court of Appeals Reports [1969-date]— Or App
Pacific Reporter— P, P2d, P3d Pennsylvania Commonwealth Court Reports [1970-date]— Pa Commw Pennsylvania District and County Reports [1921-date]— Pa D & C, Pa D & C 2d, Pa D & C 3d, Pa D & C 4th Pennsylvania State Reports [1845-date]— Pa Pennsylvania Superior Court Reports [1895-1997]— Pa Super Public Utilities Reports— 20 PUR3d 65, 108 PUR4th 81 Public Utilities Reports, New Series— 52 PUR [NS] 65
Rhode Island Reports [1828- 1980]— RI
South Carolina Reports [1868- date]— SC South Dakota Reports [1890- 1976]— SD Southeastern Reporter— SE, SE2d Southern Reporter— So, So 2d Southwestern Reporter— SW, SW2d, SW3d
Tennessee Court of Appeals Reports [1925-1971]— Tenn App Tennessee Reports [1870-1971]— Tenn Texas Criminal Reports [1876-1963]— Tex Crim Texas Reports [1846-1962]— Tex
Utah Reports [1851-1974]— Utah, Utah 2d
Vermont Reports [1826-date]— Vt Virginia Reports [1881-date]— Va Virginia Court of Appeals Reports [1985-date]— Va App
Washington Court of Appeals Reports [1969-date]— Wash App Washington Reports [1889-date]— Wash, Wash 2d West Virginia Reports [1864-date]— W Va Wisconsin Reports [1853-date]— Wis, Wis 2d Wyoming Reports [1870-1959]— Wyo APPENDIX
3
APPENDIX 4 STYLE AND ABBREVIATION OF PARTICULAR
STATUTES (Use abbreviated form within parentheses. Either full or abbreviated form may be used in running text.) (A) Current New York Statutes (B) Repealed or Superseded New York Statutes (C) Federal Statutes A Abandoned Property Law § __ Administrative Code of the City of New York § __, or Administrative Code of City of NY § __ (when repeated may be shortened to Administrative Code § __) Agricultural Conservation and Adjustment Law § __ Agriculture and Markets Law § __ Alcoholic Beverage Control Law § __ Alternative County Government Law § __ Arts and Cultural Affairs Law § __
Banking Law § __ Benevolent Orders Law § __ Business Corporation Law § __
Canal Law § __ Civil Practice Law and Rules § 3211 (a), or CPLR 3211 (a) Civil Rights Law § __ Civil Service Law § __ CLS Unconsolidated Laws of NY § __, or CLS Uncons Laws of NY § __ Cooperative Corporations Law § __ Correction Law § __ County Law § __ Court of Claims Act § __ Criminal Procedure Law § 540.10, or CPL 540.10
Debtor and Creditor Law § __ Domestic Relations Law § __
Economic Development Law § __ Education Law § __ Election Law § __ Eminent Domain Procedure Law § 512, or EDPL 512 Employers' Liability Law § __ Energy Law § __ Environmental Conservation Law § 11-0529, or ECL 11-0529 Estates, Powers and Trusts Law § 2-1.9, or EPTL 2-1.9 Executive Law § __
Family Court Act § __, or Family Ct Act § __
General Associations Law § __ General Business Law § __ General City Law § __ General Construction Law § __ General Municipal Law § __ General Obligations Law § __
Highway Law § __
Indian Law § __ Insurance Law § __
Judiciary Law § __
Labor Law § __ Legislative Law § __ Lien Law § __ Limited Liability Company Law § __ Local Finance Law § __ Local Law No. 5 (1940) of City of New York § __
McKinney's Unconsolidated Laws of NY § __, or McKinney's Uncons Laws of NY § __ Mental Hygiene Law § __ Military Law § __ Multiple Dwelling Law § __ Multiple Residence Law § __ Municipal Home Rule Law § __
Navigation Law § __ New York City Charter § __, or NY City Charter § __ New York City Civil Court Act § 1609, or NY City Civ Ct Act § 1609, or CCA 1609 New York City Criminal Court Act § __, or NY City Crim Ct Act § __ New York City Health Code (24 RCNY) § __, or NY City Health Code (24 RCNY) § __ New York City Zoning Resolution § __, or NY City Zoning Resolution § __ Not-For-Profit Corporation Law § 201, or N-PCL 201
Parks, Recreation and Historic Preservation Law § 14.01, or PRHPL 14.01 Partnership Law § __ Penal Law § __ Personal Property Law § __ Private Housing Finance Law § __ Public Authorities Law § __ Public Buildings Law § __ Public Health Law § __ Public Housing Law § __ Public Lands Law § __ Public Officers Law § __ Public Service Law § __
Racing, Pari-Mutuel Wagering and Breeding Law § __ Railroad Law § __ Rapid Transit Law § __ Real Property Actions and Proceedings Law § 1361, or RPAPL 1361 Real Property Law § __ Real Property Tax Law § 402, or RPTL 402 Religious Corporations Law § __ Retirement and Social Security Law § __ Rural Electric Cooperative Law § __
Second Class Cities Law § __ Social Services Law § __ Soil and Water Conservation Districts Law § __ State Administrative Procedure Act § __ State Finance Law § __ State Law § __ State Printing and Public Documents Law § __ Statute of Local Governments § __ Surrogate's Court Procedure Act § 201, or SCPA 201
Tax Law § __ Town Law § __ Transportation Corporations Law § __ Transportation Law § __
Unemployment Insurance Law (Labor Law art 18) § __ Uniform City Court Act § 1403, or Uniform City Ct Act § 1403, or UCCA 1403 Uniform Commercial Code § 3-305, or UCC 3-305 Uniform Commercial Code § 3-305, Comment 6, or UCC 3-305, Comment 6 Uniform District Court Act § 1508, or Uniform Dist Ct Act § 1508, or UDCA 1508 Uniform Justice Court Act § 1904, or Uniform Justice Ct Act § 1904, or UJCA 1904
Vehicle and Traffic Law § __ Village Law § __ Volunteer Ambulance Workers' Benefit Law § __ Volunteer Firefighters' Benefit Law § __
Workers' Compensation Law § __ B. REPEALED OR SUPERSEDED NEW YORK
STATUTES Civil Practice Act § __, or Civ Prac Act § __ Code of Civil Procedure § __, or Code Civ Pro § __ Code of Criminal Procedure § __, or Code Crim Pro § __ Decedent Estate Law § __ Penal Code of 1881 § __ Penal Law of 1909 § __ Revised Statutes of New York (part __, ch __,
tit __, § __ [__ed]), or Rev Stat of NY,
part __, ch __, tit __, § __ [__ed] Bankruptcy Act of 1898 (11 USC) § __ 1978 Bankruptcy Code (11 USC) § __ Internal Revenue Code (26 USC) § __ 28 USC § __ US Revised Statutes § __, or US Rev Stat § __ APPENDIX 5 STYLE OF PARTICULAR WORDS
ab initio (itals.) above-cited ad damnum (rom.) ad hoc (rom.) ad infinitum (rom.) ad valorem (rom.) a fortiori (rom.) AIDS amici curiae (itals.) amicus curiae (itals.) a posteriori (rom.) a priori (rom.) arguendo (rom.) arm's length attorney-at-law attorney-in-fact audiotape
backlog bar bench blue sky law bona fide (rom.) bona fides (rom.) bylaw
case-in-chief case law causa mortis (itals.) caveat emptor (rom.) cesarean section cestui que trust (itals.) cestuis que trustent (itals.) circa (rom.) claimant-appellant commingle common law (n.) common-law (adj.) contra (itals.) co-owner coram nobis (rom.) corpus (rom.) corpus delicti (rom.) cotortfeasor counselor-at-law counterclaim countermotion courthouse courtroom co-worker cross appeal (n.) cross-appeal (v.) cross claim (n.) cross-claim (v.) cross complaint cross-examine cross-examination cross motion cross-move (v.) cy pres (rom.)
de facto (rom.) defendant-appellant defendant Smith (no hyphen) defendant trustee (no hyphen) dehors (rom.) de jure (rom.) de minimis (rom.) de novo (rom.) dicta (rom.) dictum (rom.) Dow Jones Average down payment
ejusdem generis (itals.) en banc (rom.) evidence-in-chief ex contractu (itals.) ex-husband ex officio (rom.) ex parte (rom.) ex post facto (rom.) ex-wife executor de son tort (rom. and itals.) eyewitness
factfinder fact-finding (adj.) farfetched far-reaching father-in-law fellow-servant rule firefighter forum non conveniens (rom.) four year old four-year-old child four-year period
guardian ad litem (rom.)
habeas corpus (rom.) half brother HIV-positive
impleaded defendant-respondent in absentia (rom.) inasmuch in camera (rom.) indicia (rom.) in forma pauperis (rom.) infra (itals.) in futuro (rom.) in loco delicti (itals.) in limine (itals.) in loco parentis (rom.) in pais (rom.) in pari delicto (rom.) in pari materia (rom.) in personam (rom.) in praesenti (itals.) in rem (rom.) insofar
in statu quo (itals.) inter alia (itals.) Internet in terrorem (rom.)
inter se (itals.) interstate intervenor-defendant-respondent (use hyphens) inter vivos (rom.) in toto (rom.) ipse (itals.) ipse dixit (rom.) ipso facto (rom.)
job site
lawsuit layperson lienholder lineup lis pendens (rom.) long-arm lump-sum settlement
mandamus (rom.) marihuana; marijuana Master's degree Medicaid Medicare
mens rea (itals.) mother-in-law
nationwide next of kin nexus (rom.) nisi prius (rom.) no-fault non compos mentis (rom.) non sequitur (rom.) non sui juris (itals.) nunc pro tunc (rom.)
obiter dictum (rom.) objector-respondent offset (n. and v.) on-line (adj.) overall overruled
parens patriae (itals.) party in interest passim (itals.) pat-down search pendente lite (rom.) per capita (rom.) percent Per Curiam (rom.) per diem (rom.) per se (rom.) per stirpes (rom.) petitioner-respondent plaintiff and judgment creditor plaintiff-appellant plaintiff husband plaintiff-respondent plead (present tense) pleaded (past tense) prima facie (rom.) pro bono (itals.) pro forma (rom.) pro hac vice (rom., except itals. in appearances of counsel) pro rata (rom.) pro se (itals.) pro tanto (itals.) pro tem (rom.) pro tempore (rom.) purchase-money mortgage
qua (rom.) quantum (rom.) quantum meruit (rom.) quasi (rom.) quasi contract (rom.) quasi-judicial (rom. and hyphenated) quitclaim quondam (rom.) quo warranto (rom.)
reargument re-cross-examination rent-controlled (adj.) re-present (present again) res (rom.) re-serve (serve again) res gestae (rom.) res ipsa loquitur (rom.) res judicata (rom., not res adjudicata) respondeat superior (rom.) rule-making (adj.)
safe deposit box sans (rom.) scienter (rom.) self-defense self-evident self-incrimination self-interest setoff (n.) set off (v.) set-off (adj.) showup sic (itals.) sine die (rom.) sine qua non (itals.) so-called Social Security stare decisis (rom.) station house status quo (rom.) statute of frauds statute of limitations (s.) statutes of limitations (pl.) stepdaughter stepfather sua sponte (itals.) sub judice
(itals.)
sub nom. (itals.) subpoena; subpoena duces tecum (rom., do not join oe) successor in interest supra (itals.)
third-party action (with hyphen) third-party defendant (with hyphen) time-barred (adj.) tortfeasor Totten trust twofold two-family
ultra vires (rom.) Unified Court System upstate
vacatur (rom.) verbatim (rom.) vice versa (rom.) vice-president vide (itals.) videotape vis-à-vis (rom.) voir dire (rom.)
Web site whistleblower workfare work site World War II World Wide Web APPENDIX 6 TITLES IN VARIOUS ACTIONS AND
PROCEEDINGS The following model titles are merely illustrative. Variations may be required in certain titles. ABUSED CHILDREN In the Matter of Tina Marie H., a Child Alleged to be Abused. Commissioner of the New York City Department of Social Services, Respondent; Cindy L., Appellant. ACCOUNTING In the Matter of the Accounting of James W. Osborne, as Executor and Trustee under the Will of Eugene La Grove, Deceased, Appellant. Ivy L. La Grove, Respondent. ADMINISTRATORS Helen Immediate, as Administrator of the Estate of Louis J. Immediate, Deceased, Appellant, v St. John's Queens Hospital, Defendant, and Joseph S. Spindler, Respondent. Ethel Kornblut, Individually and as Administrator of the Estate of Fred Kornblut, Deceased, and as Parent and Natural Guardian of Belinda J. Kornblut and Another, Infants, Appellant, v Chevron Oil Company et al., Respondents, et al., Defendants. ADOPTION AND TERMINATION OF PARENTAL RIGHTS In the Matter of the Adoption of Jessica Marie R., an Infant. In the Matter of Jessica Martz, an Infant. Karen Martz, Petitioner; Daniel Fogarty et al., Respondents. In the Matter of the Custody of Judy Gross and Another, Infants. Jewish Child Care Association, Petitioner; Benjamin Gross et al., Respondents. ARBITRATION In the Matter of the Arbitration between Acting Superintendent of Schools of Liverpool Central School District, Appellant, and United Liverpool Faculty Association et al., Respondents. (Note: this is the preferred form for arbitration titles.) In the Matter of Wyandanch Union Free School District, Respondent-Appellant, v Wyandanch Teachers Association, by Wanda Williams, as President, Appellant-Respondent. (Note: this is an acceptable form for arbitration titles.) ARTICLE 78 PROCEEDINGS In the Matter of Aaron Chervin, Petitioner, v Thomas A. Duffy et al., Constituting the State Liquor Authority, Respondents. BOARDS, COMMISSIONS, ETC. In the Matter of David K. Wong, Respondent, v Edward J. Mahoney et al., Constituting the Board of Elections of Erie County, Respondents, and William L. Marcy, Jr., Appellant. CLASS ACTIONS Anthony S. Votta, on Behalf of Himself and All Others Similarly Situated, Respondent, v Janet Selleck, Appellant. Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 through 1977-1978, Respondents, v City of Rochester, Appellant. CONDEMNATION In the Matter of Village of Newark Urban Renewal Agency, Appellant, Relative to Acquiring Title to Real Property for an Urban Renewal Project Known as Newark Midtown Project in the Village of Newark. Newark Grange No. 366 et al., Respondents. In the Matter of the Acquisition of Real Property by the County of Broome, Appellant. Miller Facilities Corporation et al., Respondents. CONSERVATORSHIP In the Matter of the Conservatorship of Susan E. Wargold, Also Known as Susan Serlin. CORPORATE DISSOLUTION In the Matter of the Dissolution of St. Paul Fire and Marine Insurance Company. Roger Heasley, Appellant; Hewlett Gibson et al., Respondents. COURT OF CLAIMS ACTIONS William J. Wilson, III, Claimant, v State of New York, Defendant. (Claim No. 63044.) CRIMINAL ACTIONS The People of the State of New York, Respondent, v Harry E. Wenzel, Also Known as Harry Edward Wenzel, Jr., Appellant. DISCIPLINARY PROCEEDINGS In the Matter of Lawrence M. Rosenberg (Admitted as Lawrence Matthew Rosenberg), a Suspended Attorney, Respondent. Departmental Disciplinary Committee for the First Judicial Department, Petitioner. DOING BUSINESS AS Central Trust Company, Respondent, v Arnold J. Goldman et al., Individually and Doing Business as Goldman & Goldman, Appellants. ESTATES AND PROBATE PROCEEDINGS In the Matter of the Estate of Kathleen Frazier, Deceased. Robert G. Lamb, Jr., Appellant; William J. Frazier, as Executor of Kathleen Frazier, Deceased, Respondent. GRAND JURY REPORTS In the Matter of the Second Report of the September 1975 Grand Jury of the County of Erie. Two Public Officials Named in the Above-Entitled Report, Appellants; William H. Power, as District Attorney of the County of Erie, Respondent. GUARDIANSHIP In the Matter of the Guardianship of Daniel Aaron D., an Infant. Louise Wise Services, as Guardian and Custodian of Daniel Aaron D., Respondent; Phoebe D., Appellant. HABEAS CORPUS The People of the State of New York ex rel. Nasar Abdul Aziz, Also Known as Raymond Gilliard, Relator, v Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent. INCAPACITATED PERSONS In the Matter of Arnold O., a Person Alleged to be Incapacitated. James T. Towne, Jr., as Guardian of Arnold O., Appellant; John T. Biscone, Respondent. In the Matter of Michael V. DeSantis, Petitioner, for the Appointment of a Guardian of the Property of John B. DeSantis, Sr., an Alleged Incapacitated Person. INFANTS Norman Bakos, as Parent and Natural Guardian of Philip Bakos, an Infant, Appellant, v Sara Levitt, Respondent. Lawrence Ruff, an Infant, by Frederick H. Ruff, Jr., His Father and Natural Guardian, et al., Respondents, v Louise Snyder et al., Appellants. Julie A. Jump, an Infant, by Her Parent, Robert G. Jump, et al., Appellants, v Donna Jump, Respondent. INTERVENORS In the Matter of Rochester Gas Corporation, Appellant, v Public Service Commission of the State of New York, Respondent, and Empire State Petroleum Association, Inc., et al., Intervenors-Respondents. JOINT VENTURES Thomas Crimmins Contracting Co., Inc., and Cayuga Construction Co., a Joint Venture, Respondent, v City of New York et al., Appellants. JUDGES AND JUSTICES In the Matter of Gilbery Wiley, Petitioner, v Herbert Altman, as Justice of the Supreme Court of the State of New York, Respondent. In the Matter of the Francis W. Benjamin, a Justice of the Jewett Town Court, Petitioner. State Commission on Judicial Conduct, Respondent. JUVENILE DELINQUENTS In the Matter of Cleve C., a Person Alleged to be a Juvenile Delinquent, Appellant. Warren County Attorney, Respondent. NEGLECTED CHILDREN In the Matter of Michael A., a Child Alleged to be Permanently Neglected. Azilda A. et al., Respondents. In the Matter of Department of Social Services, on Behalf of Jennifer M. and Another, Children Alleged to be Abused and/or Neglected. Sandy G., Respondent. PERSONAL REPRESENTATIVES Ronald Rorie et al., as Personal Representatives of the Estate of Leonard Segal, Deceased, Appellants, v Joseph Ross, Respondent, et al., Defendants. STATE DIVISION OF HUMAN RIGHTS ACTIONS State Division of Human Rights, on Complaint of Charles W. Ghee, Appellant, v County of Monroe et al., Respondents. STOCKHOLDERS' DERIVATIVE AND REPRESENTATIVE ACTIONS Herman Gross, as a Stockholder and on Behalf of Continued Care Facilities, Inc., Appellant-Respondent, v Carl H. Neuman et al., Respondents-Appellants, and Continued Care Facilities, Inc., Respondent. Henry Miller, on Behalf of Himself and All Other Stockholders of Central Tobacco Company, Inc., Respondent, v Arnold Kastner et al., Appellants. SUCCESSORS IN INTEREST Hearst Corporation, as Successor in Interest to Hearst Consolidated Publications, Inc., Respondent, v Hertz Corporation, Appellant, and Hartford Accident and Indemnity Company et al., Respondents. (And Another Action.) TAX LAW PROCEEDINGS In the Matter of Hooper Holmes, Inc., Petitioner, v James W. Wetzler, as Commissioner of Taxation and Finance of the State of New York et al., Respondents. In the Matter of Equifax Services, Inc., Petitioner, v Tax Appeals Tribunal of the State of New York et al., Respondents. THIRD-PARTY ACTIONS Designcraft Jewel Industries, Inc., et al., Plaintiffs, v Rampart Brokerage Corp., Defendant and Third-Party Plaintiff-Appellant. Frank Feit & Co., Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Note: This is the suggested style when the defendant(s) and third-party plaintiff(s) are identical.) Francine Heller et al., Respondents, v Encore of Hicksville, Inc., et al., Appellants, et al., Defendant. Encore of Hicksville, Inc., Third-Party Plaintiff-Respondent, v K. Kadin, Inc., et al., Third-Party Defendants-Appellants. (And Another Action.) Chemical Bank, Plaintiff, v National Union Fire Insurance Company, Defendant and Third-Party Plaintiff-Respondent. Joseph J. Blake and Associates, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And a Fourth-Party Action.) TRUSTEES David J. Roth et al., as Cotrustees of a Trust Created by Janet Roth, Appellants, v Gulf and Western Industries, Inc., Respondent. In the Matter of H. Earl Fullilove et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs, Respondents, v Mario Cuomo, as Governor and Chief Executive Officer of the State of New York, et al., Appellants. David Morgulas, as Testamentary Trustee of Trusts Created by I. Roy Psaty, Deceased, et al., Appellants, v J. Yudell Realty, Inc., Respondent. UNEMPLOYMENT INSURANCE In the Matter of the Claim of James Glass, Appellant. Marquette Cement Company, Respondent; Thomas F. Harnett, as Commissioner of Labor, Respondent. WORKERS' COMPENSATION In the Matter of the Claim of Antoinette
Yannon, Respondent, v New York Telephone Company, Appellant. Workers'
Compensation Board, Respondent. PART V: INDEX (References are to sections unless otherwise
indicated.)
New York State Law Reporting Bureau |