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citing new york appellate division

Probably the most notable change reflected in the new Style Manual is the continuing movement toward the use of electronic sources. Peter Preiser, 1985 Supplementary Practice Commentary (McKinney's Cons Laws of NY, Book 11A, CPL 240.50, 1991 Supp Pamph at 203) discusses . Follow the word style in Webster's Third New International Dictionary (2002), except as modified by Appendix 5. Appeal, by permission of the Appellate Term of the Supreme Court in the Second Judicial Department, Second, Eleventh and Thirteenth Judicial Districts, from an order of the Civil Court of the City of New York, Queens County (Jeremy S. Weinstein, J. Avoid language that implies that a person as a whole is disabled (e.g. The facts in this decision are not unusual. In the Matter of Medical Malpractice Insurance Association et al., Petitioners, v Commissioner of Department of Health of the State of New York, Respondent. ), which had convicted defendant, upon a jury verdict, of sodomy in the second degree (two counts), rape in the second degree (two counts), and endangering the welfare of a child, and (2) remitted the matter to Tompkins County Court for a new trial. The parties were married on Thanksgiving Day 1993. The use of small capitals in the text of opinions and footnotes has been eliminated (13.5). Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board. Title 1 of article 3 of the RPTL provides . According to Patrick M. Connors in his 2013 Practice Commentaries (McKinney's Cons Laws of NY, Book 7B, CPLR 3012-b, 2014 Pocket Part at 18) . CPLR 5601 (d)—Based upon Nonfinal Determination of Appellate Division—Final Judgment of Administrative Agency. underscoring, boldface), retain that style. Use terminology that places the person before the disability (e.g. Capitalize "district" when naming a district in full, such as First Assembly District, Second Congressional District, New York State Legislature, Monroe County Legislature. . Appellate Division adopts new rule addressing Protective Order Applications, and Second Department Amends Mandatory Mediation rule. The citation formats adopted by these jurisdictions are listed below and the style rule governing these citations is found in section 2.3 (c) (4). 4.0 REGULATIONS, COURT RULES, JURY INSTRUCTIONS AND COLLOQUIES, 6.0 TREATIES AND INTERNATIONAL AGREEMENTS, 7.0 LEGAL PERIODICALS, TREATISES AND OTHER WORKS AND DOCUMENTS, 10.0 CAPITALIZATION, NUMERALS AND NUMBERS, DATES AND TIME, AND NAMES, APPENDIX 1 — COMMON CASE NAME ABBREVIATIONS Manual is fully hyperlinked and includes online search The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Harold Tompkins, J. ), entered January 21, 2000. (Rules of App Div, 1st Dept [22 NYCRR] § 600.10 [a] [11]. If none of the samples squarely addresses the procedural posture of an opinion, adapt the closest sample to the posture presented. In addition, the words "county," "city," "town," "village" and the like standing alone should be capitalized only when the word they modify is capitalized, when referring to a political subdivision as a party or when referring to a political subdivision acting in its governmental capacity. ), entered April 12, 2002. Subdivisions (1) (a) and (3) of Town Law § 199 provide . .

. When referred to by name, capitalize if full title is given, such as the Child Labor Amendment; Lowercase "plaintiff," "defendant," "appellant," "respondent," etc. . The orders denied nonparty tenant's motion to vacate a default judgment in a nonpayment summary proceeding. Deviations from the rules stated in this Manual are permitted where application of a rule would adversely affect the clarity or readability of an opinion.

Appeals from a final determination of the Workers' Compensation Board, filed September 20, 1983, bringing up for review an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered May 5, 1983. Reargument of an appeal, taken by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered April 5, 2011. (Personnel Rules and Regs of City of NY [55 RCNY Appendix A] ¶ 4.7.1), (Rules of City of NY Dept of Parks and Recreation [56 RCNY] § 1-01), Personnel Rules and Regulations of City of New York (55 RCNY Appendix A) ¶ 4.7.1, Rules of City of New York Department of Parks and Recreation (56 RCNY) § 1-01, (Rules of Ct of Appeals [22 NYCRR] § 500.11), Rules of the Court of Appeals (22 NYCRR) § 500.11, (Rules of App Div, 2d Dept [22 NYCRR] § 670.3), Rules of the Appellate Division, Second Department (22 NYCRR) § 670.3, (Uniform Rules for Trial Cts [22 NYCRR] § 202.5), Uniform Rules for Trial Courts (22 NYCRR) § 202.5, (Uniform Rules for Sur Ct [22 NYCRR] § 207.6), Uniform Rules for Surrogate's Court (22 NYCRR) § 207.6, (Rules of Chief Admin of Cts [22 NYCRR] § 130-1.1), Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1.

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