INTRODUCTION

For an abbreviated overview of sources of New York law and tools for legal research, please consult our New York Resources guide.

The leading research guide for New York State law is Gibson's New York Legal Research Guide (3rd edition) by William H. Manz, KFN5074 .G53 2004.

CONSTITUTION

New York's first Constitution was drafted soon after New York's Fourth Provincial Congress declared New York independent of Great Britain in 1776. It was adopted on April 20, 1777. New York's present constitution is the Constitution of 1894 as amended. It consists of twenty articles numbered using Roman numerals.

Article XIX of the Constitution provides for two methods of amending the Constitution: a proposal by the legislature, or a proposal by a constitutional convention. Both methods require approval by the voters. Proposed amendments (Legislative Method) carry bill numbers and can be located using bill-locating tools (see below). Amendments that have received first or second approval in the legislature (Legislative Method) and proposed amendments (Constitutional Convention Method) are printed in publications where session laws are printed (see below). The Historical Society of the Courts of the State of New York keeps a list of "Votes Cast For and Against Proposed Constitutional Conventions and Also Proposed Constitutional Amendments" (1821-1987).

For a section-by-section legislative intent analysis of the Constitution, consult The New York State Constitution: A Reference Guide by Peter J. Galie, KFN5680 1777 .A6 G35 1991. This reference guide also includes an essay on "The Constitutional History of New York" and a bibliographical essay on the Constitution and its various amendments.

Where to find New York Constitutions and Constitutional Amendments

• New York State Constitution (current)
  • Unannotated
    • New York State Constitution (New York Department of State website; also available in PDF)
    • Constitution of the State of New York, a pamphlet published periodically by the Secretary of State. The Law Library has the following versions: 1941, 1948, 1950, 1952, and 1954, KFN 5680 1984 .A325
  • Annotated
    • McKinney's Consolidated Laws of New York Annotated, Book 2 (in 3 volumes), KFN5030 1939 .A3
    • New York Consolidated Laws Service, vols. 41C, 42 and 42A, KFN5030 1976 .A23
    • LexisNexis: New York Constitution
    • Westlaw: NY-ST-ANN
• Constitutional Amendments (Legislative Method)
  • McKinney's Consolidated Laws of New York Annotated, pocket parts for the Constitution volumes, KFN5030 1939 .A3 (received first and second approval in the legislature)
  • New York Consolidated Laws Service, pocket parts for the Constitution volumes, KFN5030 1976 .A23 (received first and second approval in the legislature)
• • McKinney's Session Laws of New York (see Session Laws) (received first and second approval in the legislature)
  • Proposed versions (see Bills)
• Constitutional Amendments (Constitutional Convention)
  • McKinney's Consolidated Laws of New York Annotated, pocket parts for the Constitution volumes, KFN5030 1939 .A3 (received first and second approval in the legislature)
  • New York Consolidated Laws Service, pocket parts for the Constitution volumes, KFN5030 1976 .A23 (received first and second approval in the legislature)
  • McKinney's Session Laws of New York(see Session Laws) (received first and second approval in the legislature)
• Previous New York Constitutions
  • Constitution of New York, 1777 (Yale Law School's Avalon Project)
  • Historical Society of the Courts of the State of New York, provides reprints of early New York Constitutions and interpretive materials
  • The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, ed. Francis Newton Thorpe, KF4530 .T46 1909 (New York documents are in Volume 5, pages 2623-2741)
  • Sources and Documents of United States Constitutions, William F. Swindler, KF4530 .S94 (New York documents are in Volume 7, pages 143-344)

STATUTORY LAW / CODE

A. Legislation

1. Legislative Process

The legislative power of the state is vested in the Senate and Assembly, according to Article III, § 1 of the New York State Constitution. The rest of Article III specifies the size of the Senate and the Assembly, the election of legislators, and the general legislative process. Specific procedural rules are to be determined by the Senate and the Assembly, according to Article III, §9. Such rules are adopted by Senate and Assembly resolution at the beginning of each two-year legislative term.

The legislative term consists of two legislative sessions. The legislative sessions are usually referenced by number, e.g., 228th Session (2005). Article IV, § 7 requires that every bill that passes both the Senate and the Assembly be approved and signed by the Governor before it becomes a law. Under Article IV, § 3 the Governor also has the power to convene the legislature, or the Senate only, on extraordinary occasions.

Bill Drafting

Many government agencies and advisory committees, such as the Law Revision Commission, the Legislative Bill Drafting Commission (LBDC), the Advisory Committee on Civil Practice, and the Advisory Committee on Criminal Law and Procedure are involved in assisting legislators with bill drafting. Several of the bar associations also play a role in shaping legislation.

Introduction of Bills

Bills may be introduced in either house (called "one-house bills"), or introduced jointly by a sponsor from each house (called "uni-bills"). Uni-bills are usually given serious consideration. The executive budget is also submitted in bill form by the governor according to Article VII of the New York Constitution. Each bill's sponsor is required by the rules of each house to file an "introducer's memorandum" (also known as "sponsor's memorandum" or "legislative memorandum"), which sets forth the intent of the proposed legislation.

Before being introduced, a bill is deposited with the Revision Clerk in each house who works closely with the Legislative Bill Drafting Commission (LBDC) in proofreading the bill and assigning it a bill number and an official date of introduction. The text of the bill is usually available within twenty-four hours of introduction on the New York State Legislature website.

Different types of bills:

• Bills that are introduced in the first session of a legislature, but do not pass during the first session, are automatically reintroduced in the second session as the same bill with the same bill number. They are called "carryover bills." Bills which do not pass during a legislative term die, and do not carry over to the next legislature.
• Legislation desired by the executive branch is introduced by a legislator or by a standing committee, such as the Rules Committee, as "departmental bills." These bills usually carry the name of the department after the name of the sponsor(s) in the bill caption. The purpose of a departmental bill usually appears in the governor's annual message to the legislature.
• "Governor's bills," or "program bills," or "governor's program bills" are bills drafted and introduced to implement the legislative program set forth in the governor's annual message, also known as the State of the State message. The annual message is available on the Governor's website.
• "Private bills," as opposed to "public bills" which have general application, are introduced for the benefit of an individual or a small group of individuals.
• A "special bill" is "[a] law which in terms and in effect applies to one or more, but not all, counties, counties other than those wholly included within a city, cities, towns or villages," see Article IX, § 3(d)(4) of the Constitution.
• All budget and appropriation bills are referred to the Senate Committee on Finance and the Assembly Committee on Ways and Means. Once they are passed by both houses, they become law. They do not have to go back to the governor for approval because they were originally submitted by the governor.
• Most resolutions, except concurrent and joint resolutions, do not require approval by both houses and by the governor. Single house resolutions require only approval in one house. Proposed amendments to the New York Constitution, proposed amendments to the U.S. Constitution, and ratification by the New York legislature of a proposed amendment to the U.S. Constitution take the form of concurrent resolutions. They are assigned bill numbers and the text is available like other bills. Other resolutions can be obtained through the resolutions' sponsors. Their summaries can be found in the Senate and Assembly journals.

Committee Action

After a bill has been proofread, assigned a bill number and introduced, it is referred to the appropriate standing committee of the house where it is introduced for study. The committee will usually hold public hearings on bills to gather different opinions. After consideration, the committee may amend the bill, report it to the full house, or reject it. Unlike the U.S. Congress' standing committees, New York State legislative standing committees do not issue written reports when a bill advances out of committee.

Names of the members of Assembly committees are available at the Assembly website: Committees, Commissions and Task Forces. Names of members of Senate committees are available at the New York State Legislature website: Senate Committees.

Consideration by the Full House

Each bill has to be in printed form on the members' desks for three legislative days before it can be voted on, unless the Governor sends a "Message of Necessity" and both houses accept it. A bill must pass in both houses before it is sent to the governor for consideration. A bill can be amended either in committee or during this time by the full house. When a bill is amended, a letter of the alphabet will be added to the bill number to show the number of amendments the bill has gone through. For example, Senate bill S205 becomes S205-A after one amendment, and S205-B after the second amendment. The Senate can amend a bill sent from the Assembly after its passage in the Assembly. When that happens, the bill will be given a new bill number by the Assembly and has to be sent to the Senate after its passage in the Assembly. The same text has to pass both houses (the New York Legislature does not employ the Congressional conference system to negotiate and resolve bill differences). Sometimes both houses pass similar bills, but cannot reconcile the differences between them within a reasonable period of time. When this happens, the Senate Majority Leader and Assembly Speaker will each appoint five members to serve on a conference committee to negotiate and iron out the differences. Generally, a majority of the elected membership of each house is required to pass a bill. Bills that would appropriate funds for local or private purposes and some special bills require a two-thirds vote. Consideration of tax and appropriations bills requires a quorum of at least three-fifths of the elected membership.

After a bill passes both houses, the presiding officer of each house will certify the passage. The house of origin will engross the bill by affixing certifications of passage from each house and enclosing the bill in a folder known as a "bill jacket," which includes opinions from interested parties that are collected by the Governor's Counsel's office, and the governor's approval memoranda (or if the bill is vetoed, a veto memorandum).

Action by the Governor

The house of origin transmits the engrossed bill to the governor's office. The governor has ten days to act on a bill that is passed by the legislature before the last ten days of its session. These are called "ten-day" bills. The governor has thirty days to act on bills passed by the legislature during the last ten days of its session. These are called "thirty-day" bills. He may consult opinions from interested parties collected by the Governor's Counsel's office before deciding whether to sign the bill, veto it, or take no action. The governor may issue a message outlining his rationale and place it in the bill jacket (the governor is required to explain why he vetoed a bill in a veto memorandum unless the bill is "pocket vetoed"). A vetoed bill can still become law if two-thirds of the members of each house vote to override the Governor's veto. "Ten-day" bills automatically become law if the governor does not take any action during the ten-day period. "Thirty-day" bills are "pocket vetoed" and do not become law if the governor does not sign them within the thirty-day limit. Bills that become law (bearing the governor's signature or just certifications of passage) are assigned a chapter number in the office of the legislative secretary to the governor. These enacted laws are called "chapter laws" and are numbered chronologically.

Further Information

• How a Bill Becomes a Law (New York State Senate)
• How a Bill Becomes a Law in New York State (The Business Council of New York State, Inc.)
  
  

Where to find Legislature Rules

• Senate Rules
• Assembly Rules

Where to find Bills

• Legislative Session Information (New York State Legislature) Retrieve bill text, status, summaries, sponsor memos, and floor votes for bills from 1995 to present. Bills are usually available within twenty-four hours of introduction, sometimes as quickly as within three hours.
• New York State Bill Search (New York State Assembly) Search by bill number or keyword (current session only)
• LexisNexis: NY Full-Text Bills (current)
• Westlaw: NY-BILLS (current); NY-BILLS-OLD (1993 - )
• Old bills are published in Bills of the Senate and Assembly (1830-41), Bills of the Assembly of the State of New York (1842 - ), and Bills of the Senate of the State of New York (1842 - ). The following libraries have these titles:
  • New York State Library
  • Cornell University Library

Where to find Bill Status

• Legislative Session Information (New York State Legislature)
• LexisNexis: NY Bill Tracking Reports (current)
• Westlaw: NY-BILLTRK (current); NY-BILLTRK-OLD (1991 - )
• Bill Status Hotline (toll free within New York) 1-800-342-9860 (current)

Where to find Governor's Annual Message

• McKinney's Session Laws News of New York, KFN5025 .A2 M21 (printed in the first issue of each year)
• McKinney's Session Laws of New York, KFN5025 .A2 M2 (1954 - ) (available in the section after the "Text of Laws")
• New York Consolidated Law Service Session Laws, KFN5030 1976 .A23 (1976 - )
• Governor's website (current year)
• Westlaw: NY-LEGIS (current); NY-LEGIS-OLD (1996 - )

Where to find Names of the Standing Committees and Names of the Members

• Senate Committees (current year)
• Assembly Committees, Commissions and Task Forces (current year)
• McKinney's Session Laws of New York, KFN5025 .A2 M2 (lists members of standing committees during the years of 1989 through 1998; list appears before the full text of the laws)

Where to find "Chapter Laws"

• New York State Legislature (current)

2. Session Laws

Session laws are annual volumes of "chapter laws" printed in chronological order (by chapter number). They include all types of legislation: public, private, temporary, and permanent laws. Subsequent amendments or repeals are not consolidated.

Where to find Session Laws

• Laws of the State of New York Passed at the Sessions of the Legislature, KFN5025 .A2 (1840-1953; 1810-1840 available in Special Collections). Official version compiled by the Legislative Bill Drafting Commission. In each year, there is a subject index as well as a "Table of Laws Amended or Repealed."
• Laws of the State of New York Passed at the Sessions of the Legislature, HeinOnline (1777 - )
• Laws of the State of New York Passed at the Sessions of the Legislature, KFN5025 .A2 micro (1777 - )
• McKinney's Session Laws of New York, KFN5025 .A2 M2 (1954 - ). Unofficial. Does not include budget and appropriation chapters, but includes a subject index, table of laws affected, proposed constitutional amendments, Law Revision Commission's annual report, reports and memoranda from all branches of state government. Supplemented monthly by McKinney's Session Law News of New York, KFN5025 .A2 M21
• New York Consolidated Laws Service Session Laws, KFN5030 1976 .A23 (1976 - ). Unofficial. Does not include budget and appropriation chapters, but includes a subject index, table of laws affected, Governor's annual message and approval memoranda, Judicial Conference and Law Revision Commission Reports.
• LexisNexis: New York Advance Legislative Service (current); New York Consolidated Laws Service Archive (1992 - ). Unofficial. Does not include budget and appropriation chapters.
• Westlaw: NY-LEGIS (current); NY-LEGIS-OLD (1987 - ). Unofficial. Does not include budget and appropriation chapters.
• Budget and appropriation chapters are also published in Classification of Appropriations by the Legislature of (the year). Its name has changed over the years. It is also known as the "Black Book." Georgetown Law Library does not currently own a copy.

3. Code/Statutes (Subject Compilation)

Consolidated Laws

Currently in-force laws of a public, general, and permanent nature are compiled into code by subject areas for easier access. In New York state, the subject compiled code is called the Consolidated Laws of New York. The Consolidated Laws of New York were first published in 1909. Each volume has a distinct subject title and chapter number. The number of Consolidated Laws has expanded from 61 in 1909 to over 90 today. Unlike the federal government and other state governments, New York state does NOT publish a current official version of its code. A free web version of the laws, New York State Consolidated Laws, is available on the State Assembly website, but it is not certified as containing the official text of the Consolidated Laws. There are two annotated versions of the Consolidated Laws by commercial publishers: McKinney's Consolidated Laws of New York Annotated and New York Consolidated Laws Service.

Some laws, such as court acts, the New York City Charter and Administrative Code, and other special laws, are not part of the Consolidated Laws. These are called Unconsolidated Laws.

Where to find Consolidated Laws

• McKinney's Consolidated Laws of New York Annotated, KFN5030 1939 .A3 (current)
• New York Consolidated Laws Service, KFN5030 1976 .A23 (current)
• McKinney's Consolidated Laws of New York, Annotated [Microform]: As Amended to the Close of the Regular Session of the Legislature of 1916 - , KFN5030 1916 .A5 Micro (1916 - )
• New York State Consolidated Laws (unannotated) (current)
• LexisNexis: New York Consolidated Laws Service (annotated; current)
• Westlaw: NY-ST-ANN (annotated; current); NY-ST (unannotated; current)

Where to find Unconsolidated Laws

• McKinney's Consolidated Laws of New York Annotated, KFN5030 1939 .A3. Selected unconsolidated laws available in "Book 65" (multi volumes) and are shelved at the end of the set. (current)
• New York Consolidated Laws Service, KFN5030 1976 .A23. Selected unconsolidated laws are available in the Unconsolidated Laws volume, Volume 41A/B. (current)
• LexisNexis: New York Consolidated Laws Service (annotated; current)
• Westlaw: NY-ST-ANN (annotated; current); NY-ST (unannotated; current)

4. Finding The Law That Covers Your Legal Issue

Finding the Sections:

Now that you know how bills are enacted and how laws are published and compiled, the first place to find the current law is Consolidated Laws of New York. Electronic versions (LexisNexis, Westlaw, and Web) are convenient to use if you have the citation. Electronic versions are usually more up to date, minimizing the need to update what you have already obtained. If all you have is a legal issue and you want to find out which sections ofNew York Consolidated Laws deal with it, Westlaw and the print versions are the most user friendly because of their subject indexes and popular name tables, which allow you to look up a legal concept by keyword or by popular name.

Updating the Sections:

Even the electronic versions of the Consolidated Laws (LexisNexis, Westlaw, Web) are not current up to the minute. Depending on the purpose of your research, you may need to check newly enacted chapter laws and pending legislation to determine if your sections will be affected and when. Both LexisNexis and Westlaw tell you how current their Consolidated Laws databases are (i.e., which current chapter laws have been incorporated).

If you use the print versions of Consolidated Laws, here is what you must do:

McKinney's Consolidated Laws of New York Annotated, KFN5030 1939 .A3:

1. Find the section in the main volumes (using a citation you have or have found by checking a subject index or popular name table).
2. Check the annual pocket part inside the back cover of the main volume. The cover of the pocket part usually tells you how current it is, e.g., "Current through the Laws of 2004, Chapter 258 of the 227th Session." If you cannot find your section in the pocket part, this means that your section has not been changed between the time of the publication of the main volume and the time of the publication of the pocket part.
3. Check the "table of laws affected" in the latest annual McKinney's Session Laws of New York, KFN5025 .A2 M2, which may include chapter laws not covered by the pocket part.
4. Check the "table of laws affected" in ALL (not cumulative) of the monthly issues of McKinney's Session Law News of New York, KFN5025 .A2 M21 published since the annual McKinney's Session Laws of New York, KFN5025 .A2 M2.
   

New York Consolidated Laws Service, KFN5030 1976 .A23:

1. Find the section in the main volumes (using the citation you have or have found by checking an subject index or popular name table).
2. Check the cumulative supplement either inside the back cover of the main volume or shelved next to it. The cover of the cumulative supplement usually tells you how current it is: "Contains all changes in the law enacted through and including chapter 671 of the 2004 session of the Legislature." If you cannot find your section in the pocket part, this means that your section has not been changed between the time of the publication of the main volume and the time of the publication of the pocket part.
3. Check the "table of laws affected" in the latest annual New York Consolidated Laws Service Session Laws, KFN5030 1976 .A23, which may include chapter laws not covered by the pocket part.
4. Check the "table of laws affected" in ALL (not cumulative) of the monthly issues of Advance Legislative Services for the New York Consolidated Laws Service, KFN5030 1976 .A23 published since the annual New York Consolidated Laws Service Session Laws, KFN5030 1976 .A23.

B. Legislative History

"Legislative history" refers to the documents created by the legislature in the course of the legislative process. Legislative histories are usually consulted to investigate the legislative intent behind a statute. The following publications contribute to the understanding of how New York courts use legislative history:

• Legislative Intent in New York State: Materials, Cases and Annotated Bibliography, Robert Allan Carter, KFN5680 1894.A6 C37 2001
• Book 1 (Statutes) of McKinney's Consolidated Laws of New York Annotated, KFN5030 1939 .A3. Contains a treatise on statutory construction; also available on Westlaw: NY-ST-ANN
• The "Statutes" topic in New York Jurisprudence 2d, KFN5065 .N42 1979

Relatively little explanatory material is available for New York legislation. The following types of legislative history materials are available for New York laws:

• Bills
• Introducer's memoranda (also known as "sponsor's memoranda," or "legislative memoranda")
• Governor's memoranda: The governor is required to explain why he vetoes a bill in a veto memorandum unless the bill is "pocket vetoed"; he is not required to write an approval memorandum giving reasons for approving the bill. Since the memorandum is written after the bill has passed both houses, it does not really reflect legislative intent.
• Bill jackets: Include opinions from interested parties that are collected by the Governor's Counsel's office and the governor's approval memoranda (or if the bill is vetoed, a veto memorandum)
• Approval jackets
• Veto jackets (should be consulted if the bill that the Governor vetoed in a previous year was reintroduced and subsequently approved)
• Recall jackets (recalling or withdrawing bills from the governor's office was declared unconstitutional in 1993)
• Transcripts of legislative floor debates and hearings: All hearings are transcribed, but only a limited number of copies are produced for the chairperson of the hearing committee, selected legislative officers, the Legislative Library, and the New York State Library. "Debates are generally not a useful tool in determining legislative intent. They reflect only the stated views of the legislators who participate, but do not serve as an indication of the combined opinions of their colleagues. ... And, unlike an opinion written by an adjudicating body, legislative debates, often extemporaneous, constitute arguments made by those attempting to persuade, and not formal declaratory pronouncements explaining a determination." Board of Education of City School District of City of New York v. City of New York, 87 Misc. 2d 179, 185 (1976)
• Governor's annual message

Where to find Legislative History

• Bills
  • Legislative Session Information (New York State Legislature) Retrieve bill text, status, summaries, sponsor memos, and floor votes for bills from 1995 to present. Bills are usually available within twenty-four hours of introduction, sometimes as quickly as within three hours.
  • LexisNexis: NY Full-Text Bills (current)
  • Westlaw: NY-BILLTXT (current); NY-BILLS-OLD (1993 - )
  • Old bills are published in Bills of the Senate and Assembly (1830-41), Bills of the Assembly of the State of New York (1842 - ), and Bills of the Senate of the State of New York (1842 - ). The following libraries have these titles:
    • New York State Library
    • Cornell University Library
• Introducer's Memoranda (sponsor's or legislative memoranda)
  • New York State Legislative Annual, KFN5014 .N48 (1946 - ) The most comprehensive source of memoranda. It is a compilation of sponsor's memoranda for all chapter laws of the given year, with all governor's approval and veto messages.
  • McKinney's Session Laws of New York, KFN5025 .A2 M2 (1954 - ) Selected memoranda are available in Volume 2 of the annual set from 1977 onwards.
• Governor's Memoranda
  • New York State Legislature website (current)
  • New York State Legislative Annual, KFN5014 .N48 (1946 - )
  • McKinney's Session Laws of New York, KFN5025 .A2 M2 (1954 - ). Governor's Memoranda on Approval of Bills are available in Volume 2 of the annual set from 1977 onwards.
  • New York Consolidated Laws Service Session Laws, KFN5030 1976 .A23 (1976 - )
• Bill Jackets (for bills that became laws)
  • Westlaw: NY-LEGIS (current), NY-LEGIS-OLD (1996 - ) (accessed by bill number)
• Bill Jackets
  • Photocopies of bill jackets are available for a fee from the sources below. There is typically a four-year delay in converting bill jackets to microform, because the Governor's Counsel's office keeps the original jacket for about a year following a legislative session before the State Archives reproduces and distributes them to libraries.
  • Approval Jackets are available at:
    • New York State Archives (hard copy: 1905 [partial], 1921 - )
    • New York State Library (microform: 1905 [partial], 1921 - )
    • New York Public Library: Science, Industry and Business Library (microform: 1905 [partial], 1921 - )
    • New York Legislative Service, Inc. (microform: 1905 [partial], 1921 - )
    • State University of New York, Buffalo Law Library (microform: 1905 [partial], 1921 - )
    • Appellate Division Law Library (microform: 1905 [partial], 1921 - )
  • Veto Jackets are available at:
    • New York State Archives (original copy, 1905 - )
    • New York State Library (microform: 1905, 1926-28, 1931-58, 1961-65, 1970 [partial], 1973-2001)
    • New York Public Library: Science, Industry and Business Library (microform: 1905, 1926-58 arranged by introductory bill number; 1961-65, 1970 (partial) and 1973-74 arranged by bill number; 1975-95 arranged by veto number)
    • New York Governor's Legislative Secretary, (518) 474-7182 (previous year)
  • Recall Jackets are available at:
    • New York State Archives (microform 1938-54, 1955-93 scattered, usually at the end of the veto jackets for that particular year)
    • New York State Library (microfilm: 1936-54 (partial holdings) arranged by year and bill introduction number. Recall jackets after 1954 were sometimes filmed with veto jackets)
• Transcripts of Debates and Hearings
  • Senate Debates (referenced by the bill number, subject, and the day the bill was debated) are available at:
    • New York State Senate Journal Office: (518) 455-2245; Room 323M, State Capitol, Albany, NY 12247 (current session)
    • New York State Office of Microfilm and Records: (518) 455-3200; Room 500GA, State Capital, Albany, NY 12247 (1960 - )
  • Assembly Debates (referenced by bill number, subject, and the day the bill was debated) are available at:
    • New York State Archives: (518) 474-8955 (1974-79)
    • New York State Assembly Office of Public Information: (518) 455-4218, Room 202, Legislative Office Building, Albany, NY 12248 (1974 - , 1979 - )
  • Senate and Assembly Hearings are available at:
    • New York State Library may have some hearings; see their online catalog
    • New York Legislative Library has produced a microfiche set for hearings (1980-89), and later hearings (1990 - ) are being processed. New York State Library (518) 474-5355 and State University of New York at Buffalo Law Library (716) 645-2047 are two libraries that have the microfiche set.
• Governor's Annual Messages:
  • McKinney's Session Laws News of New York, KFN5025 .A2 M21 (for current year): available in the first issue of the year
  • McKinney's Session Laws of New York, KFN5025 .A2 M2 (1954 - ) available in the section after the "Text of Laws"
  • New York Consolidated Law Service Session Laws, KFN5030 1976 .A23 (1976 - )
  • Governor's website (current year)
  • Westlaw: NY-LEGIS (current); NY-LEGIS-OLD (1996 - )

ADMINISTRATIVE LAW

New York's administrative law issues from the state's executive branch of government. The executive branch is headed by the governor and includes sixteen principal departments and numerous independent agencies, commissions, and task forces. The New York State website provides a list of administrative departments and agencies.

1. Governor and Lieutenant-Governor

The executive power of the State is vested in the governor, who shall hold office for four years, according to Article IV, § 1 of the New York State Constitution. The governor and lieutenant-governor shall be chosen jointly through a general election held every four years.

Powers and duties of the governor:

• Convenes the legislature and submits a proposed budget for the following fiscal year to the legislature
• Communicates by message to the legislature at every session the condition of the State
• Considers, approves or vetoes, each bill passed by the legislature
• Serves as commander-in-chief of the military and naval forces of the State

In case of the removal of the governor from office or of his or her death or resignation, the lieutenant-governor becomes governor for the remainder of the term.

The website of the Office of the Governor includes important documents such as the annual budget address and the State of the State address, both delivered in January each year. Additional materials from the governor's office, such as executive orders, are discussed below in part 4 of this section.

2. Regulations

The rule-making process of executive departments and administrative agencies is governed by the State Administrative Procedure Act (SAPA), rules of the Secretary of State, and procedures and guidelines found in Rule Making in New York by the New York State Department of State. The Departments of Health, Education, Insurance, Environmental Conservation, Labor, Banking, Agriculture and Markets, and the divisions of Housing and Community Renewal and the Workers' Compensation Board are required by Section 202-d of SAPA to submit a regulatory agenda briefly describing the subject matter being considered for rule making and information on the contact person at the agency. A proposed rule is first reviewed by the Governor's Office of Regulatory Reform (GORR). Then, the agency will file the proposed rule with the Secretary of State and other required reviewing entities. A Notice of Proposed Rule Making is published in the State Register. (The Office of Court Administration and the Judiciary are exempt from SAPA requirements requiring proposal review notices in the State Register.) Comments will be received and considered, and changes to the proposed rule may be made. The final rule is filed with the Secretary of State (as required by the Constitution) and a Notice of Adoption is required by SAPA to be published in the State Register. Eventually, the rule is published in the Official Compilation of Codes, Rules and Regulations, KFN5030 1960 .A2 (current; loose-leaf with bi-weekly updates). A 1938 amendment to the New York Constitution requires speedy publication of final regulations.

Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR)

The Official Compilation of Codes, Rules and Regulations (NYCRR) is New York's equivalent of the Code of Federal Regulations (CFR). It contains the full text of the State's current regulations. Rules become legally effective when a certified copy of the rule is filed with the Secretary of State and the notice of adoption is published in the State Register. If there is any inconsistency between the official NYCRR and such codes, rules and regulations as filed with the Secretary of State, the latter shall prevail.

The NYCRR consists of eighty-three loose-leaf volumes containing codes, rules, regulations, and official forms, and a two-volume loose-leaf index. There are twenty-two titles in the NYCRR. The first twenty titles are named after the twenty executive departments. Title 21 contains the regulations of authorities, boards and commissions. Title 22 contains court rules. Each title is subdivided as follows: Title > Subtitles (if any) > Chapters > Subchapters (if any) > Parts > Sections.

There is normally a delay of about four months between the date a rule becomes effective and the date when it is published in the NYCRR. Since the State Register includes very few full-text versions of new regulations, a researcher will have to contact directly the agency that promulgated the new regulations to get the full text if it has not been included in the NYCRR. The name, address, and telephone number of the agency responsible for any regulation are available in the associated Notice of Proposed Rule Making.

Published by West, the NYCRR includes annotations under an orange tab at the back of each binder. Annotations include "summaries of court cases and administrative opinions, orders, or decisions that, in the opinion of the publisher's staff of lawyer-editors, interpret, construe, apply or otherwise address the rules and regulations published in this binder."

Where to find New York Regulations

• Official Compilation of Codes, Rules and Regulations, KFN5030 1960 .A2 (current; bi-weekly loose-leaf updates)
• LexisNexis: New York Codes, Rules and Regulations (current)
• Westlaw: NY-ADC (current; add the last two digits of a year from 2002 onward to access the database for only that year, e.g., NYC-ADC02)
• Individual state agency websites: Many state agencies maintain a current (although unofficial) version of regulations relevant to their work; e.g., the Department of Labor has Unemployment Insurance Regulations as well as Public Work Regulations; the Department of Environmental Conservation has Environmental Conservation Rules and Regulations.

New York State Register (State Register)

The weekly New York State Register replaced the New York State Bulletin in April 1979. Article 6-A, §§ 145-49 of the Executive Law governs the publication, contents and indexing of the State Register. The State Register publishes the following:

• Notices concerning rule-making activities, such as Notices of Proposed Rule Making and Notices of Adoption
• Summaries of proposed regulations
• Text of new court rules
• Executive orders of the governor
• Various financial notices
• Lists of abandoned property
• Notices of securities offerings
• Advertisements for bidders/contractors
• Miscellaneous notices

A "quarterly index" is published to show the status of every rule-making action in the calendar year. Unlike the Federal Register, the State Register contains the text of very few proposed regulations. Only proposed regulations that contain fewer than 2,000 words are required (at the discretion of the agency) to be published in the State Register.

Section 202-d of SAPA requires that the Departments of Health, Education, Insurance, Environmental Conservation, Labor, Banking, Agriculture and Markets, and the divisions of Housing and Community Renewal and the Workers' Compensation Board submit to the Secretary of State "regulatory agenda" consisting of a brief description of the subject matters being considered for rule making and information on the contact person at the agency, to be published in the first issue of the State Register every January and the last issue of the State Register every June.

How to Track the Status of Proposed Regulations

• LexisNexis: New York State Register (1997 - ). Example: to find proposed regulations affecting 12 NYCRR part 82, enter a search for: 12 NYCRR /5 PART /5 82
• Westlaw: NY-REG-NET (current; updated daily). Example: to find proposed regulations affecting 12 NYCRR part 82, enter a search for: 12 NYCRR /5 PART /5 82. The database includes:
  • NY-REGTRK (tracking information for proposed and recently adopted administrative rules and regulations, including a summary of the regulation and status information)
  • NY-REGTXT (current; full text of proposed and recently adopted rules and regulations)
• Individual agency websites (may have listings of the agency's proposed rules)
• State Register's "Action Pending Index" (available in each issue; all proposed rules currently under consideration are listed by agency name and then by number of the proposed rules)
• State Register's "Rule Making Activities" section

How to Find the Intent of Regulations

Notices of Proposed Rule Making and Notices of Adoption published in the State Register are the only official sources that shed light on the intent of rules and regulations. Use the "Historical Note" following the text of a rule in the NYCRR to find the date on which the adopted rule was filed with the Department of State. The Notice of Adoption should have appeared in the State Register within a few weeks of the date of filing. From the Notice of Adoption, you can find the brief summary of the purpose of the rule, contact information for obtaining the text of rule, as well as the filing and effective date. From the Notice of Proposed Rule Making, you can find again the brief summary of the purpose of the rule, a summary of the substance of proposed rule, and contact information for obtaining the text of the proposed rule and any required statements and analyses.

Where to find the State Register

• New York State Department of State website (2003 - )
• LexisNexis: New York State Register (1997 - )
• Westlaw: NY-REGTXT (current; full text of proposed and recently adopted rules and regulations)
• New York State Library (print: 1979 - )
• New York State Library Digital Collection (1994 - )
• Note: Georgetown Law Library does not currently own the State Register

3. Administrative Decisions, Opinions, and Rulings

Like their rule-making power, the "judiciary-like" power of administrative agencies is derived from statutes that govern the agencies. Administrative decisions, opinions and rulings are not necessarily easy to find because many agencies publish their decisions and opinions selectively; titles of the agency publications and even the name and responsibilities of the agencies frequently change. Since administrative decisions, opinions and rulings are public records, researchers can request them from the agencies under the Freedom of Information Law, N.Y. Pub.Off. Law § 87 (2000).

Where to find Administrative Decisions, Opinions, and Rulings

• The Agency Listing provided by the Department of State includes links to the websites of State agencies and departments. Some agencies have posted their selective decisions, opinions and rulings on their sites (the following list is not exhaustive):
  • Opinions of the Attorney General (1995 - )
  • Legal Opinions, New York State Office of the State Comptroller (1988 - )
  • Decisions of the Commissioner of Education (July 1991 - )
  • Decisions of the Office of State Review (Education) (1990 - )
  • Formal Opinions of the State Board of Elections Before 1999 (1975-99)
  • Formal Opinions of the State Board of Elections After 1999 (1999 - )
  • Advisory Opinions of the State Board of Elections (applies only to the interpretation of Election Law section 14-130 which prohibits the personal use of contributions received by a candidate or political committee) (1986 - )
  • Recent Decisions - New York State Department of Environmental Conservation (mid-1992 - )
  • Directory of Advisory Opinions issued for: 1988-99 - New York State Ethics Commission (1988-99)
  • Directory of 2000-2005 Advisory Opinions - New York State Ethics Commission (2000 - )
  • Professional Misconduct and Physician Discipline - Office of Professional Medical Conduct (OPMC), Department of Health (1990 - )
  • Publications and Technical Bulletins Advisory Opinions (TSB-A), Department of Taxation and Finance
• LexisNexis: Legal > States Legal - U.S. > New York > Find Statutes, Regulations, Administrative Materials & Court Rules > By Administrative Materials (folder includes the following databases):
  • Attorney General Opinions (February 1976 - )
  • Department of Environmental Conservation Decisions (selected NYDEC coverage: August 1936-September 1973; full coverage September 1973 - ; Freshwater Wetlands Appeals Board Decisions: April 1988 - )
  • New York Insurance General Counsel Opinions (January 2000 - )
  • New York State Tax Materials (Tax Appeals Tribunal decisions and regulations: June 1983 - ; NY Dept of Tax and Finance hearing determinations, advisory opinions, memos and adopted regs: March 1978 - ; State Tax Commission hearing determinations, advisory opinions, memoranda: March 1978 - )
  • NY Physicians Discipline Decisions (January 2000 - ; selected coverage 1993-2000)
  • New York Public Employee Reporter (March 1986 - )
  • Public Service Commission Decisions (January 1984 - )
  • State Comptroller's Opinions (February 1977 - )
  • NY Securities No-Action Letters (June 1984-September 2003)
• • New York State Workers' Compensation Board (October 1999 - )
  • New York Commission on Judicial Conduct Opinions (1997 - )
  • New York State Bar Association Commission on Professional Ethics/State Ethics Commission Decisions (State Bar Association: July 1986 - ; State Ethics: November 1988 - )
• Westlaw:
  • NY-AG (New York Attorney General Opinions) (1977 - )
  • NY-CPTR (Comptroller Opinions) (1977 - )
  • NY-ETH (Ethics Commission) (1988 - )
  • NYDOH-ARB (Department of Health Administrative Review Board) (1990- )
  • NYENV-ADMIN (Environmental Law Administrative Decisions) (March 1970 - )
  • NYTX-ADMIN (State Taxation Administrative Decisions) (Decisions, advisory opinions and memo: 1978 - ; private letters: April 1983 - ; opinions of counsel: 1960 - )
  • NYWC-ADMIN (Workers's Compensation Administrative Decisions) (1985 - )
• Some administrative decisions, opinions, and rulings are available in print in the Williams Library. This list is not exhaustive; you can search GULLiver by keyword for "NAME OF THE AGENCY" & (OPINIONS OR RULINGS OR DECISIONS):
  • Opinions of the New York State Attorney General, KFN5780 .A555, (1983-2002; Library cancelled print subscription)
  • Opinions of the New York State Attorney General, (microform) KFN5780 .A55 Micro (2002 - )
  • Opinions of the New York State Comptroller, KFN5752 .A556 (1979-2002; Library cancelled subscription)
  • Department Reports of the State of New York, KFN5780 .A55 (1916-58) ("Containing the decisions, opinions and rulings of the state officers, departments, boards and commissions and messages of the governor.")

4. Executive Orders

Executive orders are issued by the governor to direct or instruct the actions of executive agencies or government officials. For example, Governor George Pataki's Executive Order No. 131 established the New York State Commission on Education Reform, and Executive Order No. 119 declared a disaster in Clinton and Essex Counties and contiguous counties and areas.

Executive orders issued since 1960 are published in the State Register and are cumulated in NYCRR Title 9, Subtitle A, Chapter I (Part 1: Nelson A. Rockefeller, Part 2: Malcolm A. Wilson, Part 3: Hugh L. Carey, Part 4: Mario M. Cuomo, Part 5: George E. Pataki, Part 6: Eliot Spitzer, Part 7: David A. Paterson).

Executive orders issued before 1960 are included in compilations of the public papers of the governors.

Where to find Executive Orders

• Title 9, Subtitle A, Chapter I of Official Compilations of Codes, Rules and Regulations (NYCRR), KFN5030 1960 .A2 (executive orders from 1960 to present)
• LexisNexis: New York Codes, Rules and Regulations (executive orders from 1960 to present in Title 9, Subtitle A, Chapter 1)
• Westlaw: NY-ADC (executive orders from 1960 to present in Title 9, Subtitle A, Chapter 1)
• The following libraries have a collection of Public Papers of the Governors:
  • New York State Library
  • State University of New York at Buffalo, Law Library
  • New York Public Library Science Industry Business Library
• Georgetown Law Library has access to:
  • Public Papers of Levi P. Morton, Governor, 1895 (electronically through Making of Modern Law or on microfiche, K150 .N45 Micro)
  • Public Papers of Theodore Roosevelt, Governor, 1899 (electronically through Making of Modern Law or on microfiche, K150 .N45 Micro)
  • Public Papers of John A. Dix, Governor, 1911 (electronically through Making of Modern Law or on microfiche, K150 .N455 Micro)
  • Public Papers of Herbert H. Lehman, Governor, 1933-42, J87 .N717

COURTS AND CASE LAW

1. Court System

As shown in two charts provided by the New York State Unified Court System, the New York judicial system has three levels:

• Court of Appeals - New York's court of last resort (the equivalent of the supreme court in most states)
• Appellate Divisions of the Supreme Court - principal intermediate appellate courts
• Trial Courts - including Supreme Courts, the state trial courts of general jurisdiction

The structure of the courts and appeal procedures have not changed since the last judiciary amendment of 1962. Although there have been proposals to simplify the court system in 1986 and again in 2002, changes are still not on the horizon. The proposed court reorganization of 2002 is quite extensive and would require an amendment of the New York Constitution.

Court of Appeals

"The Court of Appeals, New York State's highest court, is composed of a Chief Judge and six Associate Judges, each appointed to a 14-year term. New York's highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits. The Court thus generally focuses on broad issues of law as distinguished from individual factual disputes. There is no jurisdictional limitation based upon the amount of money at stake in a case or the status or rank of the parties." (As described on the Court of Appeals website.) The Court of Appeals also promulgates rules of the court; links to the full text of rules are available on its home page.

Appellate Divisions of the Supreme Court

"There are four Appellate Divisions of the Supreme Court, one in each of the State's four Judicial Departments (geographical divisions). These Courts resolve appeals from judgments or orders of the superior courts of original jurisdiction in civil and criminal cases, and review civil appeals taken from the Appellate Terms and the County Courts acting as appellate courts." (As described on the New York State Unified Court System website.) New York County and Bronx belong to the First Judicial Department, while Kings, Queens, and Richmond Counties belong to the Second Judicial Department.

Trial Courts

"The trial courts of superior jurisdiction are the Supreme Courts, the Court of Claims, the Family Courts, the Surrogate's Courts and, outside New York City, the County Courts. In New York City, the Supreme Court exercises both civil and criminal jurisdiction. Outside New York City, Supreme Court exercises civil jurisdiction, while County Court generally handles criminal matters.

"The trial courts of limited jurisdiction in New York City are the NYC Civil Court and the NYC Criminal Court. Outside New York City, the trial courts of limited jurisdiction are the City Courts which have criminal jurisdiction over claims of up to $15,000. There are District Courts in Nassau County and parts of Suffolk County. District Courts have criminal jurisdiction over misdemeanors and lesser offenses, and civil jurisdiction over claims of up to $15,000." (As described on the New York State Unified Court System website.)

2. Court Opinions

Official Reports

• New York Reports includes cases decided in the Court of Appeals of the state of New York from 1847. 1st series (N.Y.Rep.): 1847-1955; 2nd series (N.Y.Rep.2d): 1956-2003; 3rd series (N.Y.Rep.3d) 2003-present.
• Appellate Division Reports includes cases decided in the Appellate Division of the Supreme Court, State of New York from 1896. 1st series (A.D.): 1896-1955; 2d series (A.D.2d): 1956-2003; 3d series (A.D.3d): 2004-present.
• Miscellaneous Reports includes cases decided in courts of the State of New York other than the Court of Appeals and the Appellate Division of the Supreme Court from 1893. 1st series (Misc.Rep.): 1893-1955; 2nd series (Misc.Rep.2d): 1956-2003; and 3rd series (Misc.Rep.3d): 2004-present.

Unofficial Reports

• West's New York Supplement includes cases argued and determined in the Court of Appeals, Appellate Division of the Supreme Court, as well as the Supreme Court and other courts. 1st series (N.Y.S.): 1888-1938, 2nd series (N.Y.S.2d): 1938-present.
• North Eastern Reporter (also known as West's North Eastern Reporter) includes cases argued and determined in the courts of Illinois, Indiana, Massachusetts, New York (Court of Appeals only), and Ohio. The original Northeastern Reporter (N.E.) covers 1885-1936. 2nd series (N.E.2d): 1936-present.
• New York Law Journal publishes some unpublished opinions. Recent paper issues are available at the Circulation Desk until the microfiche version arrives.

Where to find New York Court of Appeals Decisions

• New York Reports, KFN5045 .A2 (1847-1955); New York Reports 2d, KFN5045 .A22 2d (1956-2003); New York Reports 3d, KFN5045 .A22 3d (2003 - )
• New York Supplement, KFN5045 .A33 (1888-1938); New York Supplement 2d (also known as West's New York Supplement since 1988), KFN5045 .A333 (1938 - )
• North Eastern Reporter, KF135 .N6 (1885-1936); North Eastern Reporter 2d (also known as West's North Eastern Reporter 2d since 1988), KF135 .N612 (1936 - )
• Latest Court Decisions, New York State Court of Appeals (2004 - )
• Most recent Decisions of Court of Appeals (2003 - ) (slip opinions)
• LexisNexis: NY Court of Appeals Cases from 1794 (1794 - )
• LexisNexis: New York Law Journal (1986 - )
• Westlaw: NY-ORCS (1847 - ); NY-CS (1799 - )
• New York Court of Appeals Collection, Legal Information Institute (1990 - ). LII also has a New York Court of Appeals cases current awareness service, LIIbulletin-NY
• Court of Appeals of New York Cases, FindLaw (1997 - )
• New York Law Journal, Newspaper Micro (1888 - )
  • LexisNexis: New York Law Journal (1986 - )
• • Westlaw: NYLJ (1990 - )

Where to find New York Appellate Division Decisions

• Appellate Division Reports, KFN5048 .A2 (1896 - )
• New York Supplement, KFN5045 .A33 (1888-1938); New York Supplement 2d (also known as West's New York Supplement 2d since 1988), KFN5045 .A333 (1938 - )
• Most Recent Decisions: Appellate Division, First Department (New York County and Bronx) (2003 - ) (slip opinions)
• Most Recent Decisions: Appellate Division, Second Department (inlcudes Kings, Queens, and Richmond Counties) (2003 - ) (slip opinions)
• Most Recent Decisions: Appellate Division, Third Judicial Department (August 2004 - ) (slip opinions)
• Most Recent Decisions: Appellate Division, Fourth Judicial Department) (2000 - ) (slip opinions)
• LexisNexis: NY Supreme Court Cases - Appellate Division from 1875 (1875 - ) Databases for each of the four departments of the Appellate Division are also available.
• Westlaw: NY-ORCS (1847 - ); NY-CS (1799 - )
• New York Supreme Court, Appellate Division Cases (FindLaw) (1997 - )
• New York Law Journal, Newspaper Micro (1888 - )
  • LexisNexis: New York Law Journal (1986 - )
• • Westlaw: NYLJ (1990 - )

Where to find New York Trial-Level Court Decisions

• Miscellaneous Reports, KFN5051 .A2 (1893-1955); Miscellaneous Reports 2d, KFN5051 .A2 (1956-2003); Miscellaneous Reports 3d, KFN5051 .A2 (2004 - )
• New York Supplement, KFN5045 .A33 (1888-1938); New York Supplement 2d (also known as West's New York Supplement 2d since 1988), KFN5045 .A333 (1938 - )
• LexisNexis: NY Lower Court Cases from 1851 (1851 - )
• Westlaw: NY-ORCS (1847 - ); NY-CS (1799 - )
• WebCivil Supreme (New York State Unified Court System). Provides access to over 140,000 Supreme Court Civil cases from selected counties (2001 - )
  

How to Find Cases on a Topic

• New York Digest, KFN 5057 .A22 (cancelled in print after 2002; for most current, use Topics and Key Number headnotes system on Westlaw for searching). "[C]ontains all headnotes, classified according to West's Key Number System, for New York state and federal court decisions [from 1961 to date (3d and 4th Series)]. The topics are listed in alphabetical order. The Key Numbers within those topics are listed in numerical order. Each topic begins with scope notes about subjects included and subjects excluded and covered by other topics." Each volume is supplemented by a pocket part and the full set is also supplemented by interim pamphlets. Includes Descriptive Word Index, Words and Phrases, and Table of Cases which provides citations, subsequent case history, and Key Numbers classifying each point of law.

Where to find Information about Pending Cases in New York State Courts

• WebCivil Supreme, New York State Unified Court System. Provides access to information about open court cases for any Civil Supreme Court case in 62 Counties, such as name of plaintiff, defendant, judge, attorney, and law firm; appearance date and type of action; decisions are available for some cases. Searchable by firm or attorney name, index number, plaintiff, and defendant. (1998 - present)
• New York State Courts E-Filing (NYCSEF), New York State Unified Court System. Provides access to legal papers (PDF) in civil lawsuits filed electronically, except for those sealed by court order. Searchable by claim/index number, party name, or attorney name. The system currently accepts electronic filing of commercial, tort and tax certiorari cases in the Supreme Court in Albany, Bronx, Erie, Essex, Kings, Monroe, Nassau, New York, Niagara, Onodaga, Queens, Richmond, Suffolk, Sullivan and Westchester Counties. (2003 - present)
• WebCrims, New York State Unified Court System. "[E]nables you to view pending criminal cases in local and superior courts in 13 counties and summons cases for all of New York City. You may search for cases by Case Number or Party Name and produce calendars by County and Part or Judge." Also displays universal summons case information for the five counties of New York City. You can search by docket number or the name of defendant. (only cases with future court dates)
• WebHousing, New York State Unified Court System. "[O]ffers information on pending Landlord/Tenant cases in the Housing Part of New York City Civil Court (Bronx, Kings, New York, Queens and Richmond Counties) as well as the Buffalo City Court in Erie County. You may search for cases by Index Number or Party Name and produce calendars by County and Court Part." (only cases with future court dates)

3. Court Rules

Where to find Court Rules

• McKinney's New York Rules of Court, State and Federal, KFN5030 .A22
• Uniform Rules: Standards and Administrative Policies for the Unified Court System, includes rules for trial courts and appellate courts

LOCAL GOVERNMENTS

Article IX of the New York Constitution, the Municipal Home Rule Law, and the Statute of Local Governments provide the framework of powers granted by the state to local governments. Local governments include the governments of counties, cities, towns, and villages. The county is New York State's primary political subdivision. In New York State, there are sixty-two counties. Within many of these counties are cities which have their own local governments. Five of these sixty-two counties -- Bronx, Kings, New York, Queens and Richmond -- make up of the City of New York and do not have their own county governments.

Many counties have adopted charters establishing the basic form of organization and administration of the counties. Operations of those local governments without charters are governed by the County Law (Chapter 11 of the New York State Consolidated Laws) in combination with local and special laws.

The following are helpful online resources for more information about New York local governments:

• All Municipality Websites Listed Alphabetically, on the New York State website, provides access to the official websites for municipalities (counties, cities, towns, and villages).
• New York State Association of Counties "strive[s] to educate, train and provide research on public policy to Federal, State and Local officials and to the membership on issues important to counties." The website links to policy and research on such issues.
• New York State Local Government provides links to useful websites related to local governments in New York State.

Local Laws

A local government must file certified copies of the law locally and with the Secretary of State within twenty days of the law's final adoption and/or approval in order for the law to be effective. Local laws have not been published by the Secretary of State as required by law in recent years. Each municipality (local government) is required to designate a newspaper of notice in which to publish its local laws.

Where to find Charters, Ordinances, and Codes

• General Code Publishers - New York provides online access to municipal codes of many counties, cities, towns and villages.
• Municipal Code Corporation - New York provides online access to the charters and ordinances of several localities.
• New York State Library, the library of the Association of the Bar of the City of New York, and the Law Library of State University of New York at Buffalo have strong collections of New York's local codes.
• Local clerk's offices and county law libraries are other places to find local codes.

City of New York

The state legislature created the City of New York as a local government in 1897. It is made up of five counties: Bronx, Kings, New York, Queens, and Richmond. Although the City of New York is made up of different counties, these counties do not have self-governance powers. The City also comprises five political subdivisions called boroughs, each of which in coextensive with one county: The Bronx: Bronx County; Brooklyn: Kings County; Manhattan: New York County; Queens: Queens County; Staten Island: Richmond County.

The Home Rule Amendment of 1924 to the Constitution gave the city the power to pass its own local laws. Before then, all local enactments were termed ordinances. The Charter of 1936 replaced the Municipal Assembly with the City Council which was given legislative power by Chapter 2 of the New York City Charter.

For directory information and brief descriptions of responsibilities of each New York City agency, consult The Green Book: Official Directory of the City of New York, JS1222 .N32 (Georgetown Law Library keeps the current edition only).

To access the websites of major New York City agencies, check the drop-down menu on the left-hand column of the New York City website.

Here are a few of the more important New York City Government websites:

• New York City Law Department
  • Corporation Counsel - the city's attorney in all civil matters, as well as in the juvenile delinquency proceedings brought in the Family Court and certain code enforcement proceedings in the New York City Criminal Court.
• Office of the Mayor
• Office of Administrative Trials and Hearings (OATH)
  • Since 1979 the Office of Administrative Trials and Hearings (OATH) has functioned as a central and independent adjudicative body with the authority to conduct administrative hearings for any agency, board or commission of the city. The website includes some recent decisions, usually cases decided in the previous month.
• Office of the Comptroller - the New York City Comptroller, an independently elected official, is the Chief Financial Officer of the City of New York.

Where to find the Charter, Local Laws, Administrative Code, and Administrative Opinions of the City of New York

• Charter:
  • The Administrative Code and Charter of the City of New York, KFN5780 .A4 1986
  • New York City Government site (as amended through December 2009)
  • LexisNexis: New York City Charter (current; updated annually)
  • Westlaw: NYC-C (current; updated annually)
• Local Laws (as promulgated by the New York City Council):
  • New York City Council website (1998 - ; search current legislation and local laws)
  • Westlaw: NYC-AMEND (current; includes local laws passed by the New York City Council and session laws passed by the New York Legislature that amend the New York City Charter or administrative code)
• Administrative Code (the subject compilation of local laws):
  • Administrative Code and Charter of the City of New York, KFN5780 .A4 1986 (current)
  • LexisNexis: New York City Administrative Code (current, within one week of publication)
  • Westlaw: NYC-CODE (current through 2009)
• Rules (regulations promulgated by the City's agencies and departments):
  • The Official Compilation of the Rules of the City of New York: with Annotations, KFN5780 .A41 (current; updated annually). The compilation of the rules of the City of New York as promulgated by the City's agencies and departments, just as the Official Compilations of Codes, Rules and Regulations (NYCRR) is the compilation of the regulations of New York State.
  • LexisNexis: New York City Rules (current, updated annually)
  • Westlaw: NYC-RULES (current; updated annually)
• Administrative Opinions:
  • CITYADMIN: A Library of Decisions Decided by New York City Agencies, Center for New York City Law at New York Law School (coverage varies per agency; including materials from):
    • Board of Standards & Appeals
    • Business Integrity Commission
    • Commission on Human Rights
    • Conflicts of Interest Board
    • City Council Land Use
    • City Planning Commission
    • Department of Buildings
    • Department of Consumer Affairs
    • Department of Investigation
    • Environmental Control Board
    • Landmarks Preservation Commission
    • Loft Board
    • Mayor's Executive Orders
    • Mayor's Office of Contract Services
    • Office of Administrative Trials & Hearings
    • Office of Collective Bargaining
    • Opinions of the Corporation Counsel
    • Tax Appeals Tribunal
    • Taxi and Limo Commission
  • New York City Corporation Counsel Opinions
    • LexisNexis: New York City Corporation Counsel Opinions (November 1980-December 2001)
    • Westlaw: NYC-CCO (1980 - )
  • New York City Conflicts of Interest Board Decisions
    • LexisNexis: New York City Conflicts of Interest Board Decisions (1990 - )
    • Westlaw: NYC-ETH (1990 - )
  • New York City Department of Finance Letter Rulings
    • LexisNexis: New York City Department of Finance Letter Rulings, Hearing Decisions, Regulations (April 1977 - )
  • New York City Bar Association Committee on Professional & Judicial Ethics Decisions
    • LexisNexis: New York City Bar Association Committee on Professional & Judicial Ethics Decisions (1986 - )
  • City of New York Commission on Human Rights
    • Westlaw: NYCCIV-ADMIN (1970 - 2006)

BOOKS AND PRACTICE MATERIALS

• New York Jurisprudence 2d, KFN5065 .N42 1979. Also available electronically. A multi-volume legal encyclopedia for New York, also available on Westlaw (NYJUR). "The topically organized explanations and summaries of basic legal doctrines, together with the supporting primary law (cases, statutes, and court rules), present a comprehensive statement of New York civil and criminal law, both substantive and procedural."
• New York Practice (4th ed.), David Siegel, KFN5995 .S65 2005. Offers a detailed and comprehensive treatment of basic rules, principles and issues relating to New York practice. The federal chapter summarizes the civil jurisdiction and practice of the federal courts and compares and contrasts it with New York practice in a number of particulars. Updated annually with a pocket part. There is also a student edition (4th ed.), KFN5995 .S65 2005 b, which omits chapters on federal practice and on arbitration, and the materials on landlord-tenant proceedings and small claims.
• Carmody-Wait: An Encyclopedic Treatment of Civil Practice in New York (2nd ed.), KFN5995 .C342. Also available on Westlaw: CW2D. A comprehensive resource on civil practice in New York.
• Bender's Forms for the Civil Practice, KFN5995 .A65 B4 1964. Also available on LexisNexis: Bender's Forms for the Civil Practice.
• West's McKinney's Forms, KFN5068 .W4, also available on Westlaw: MCF-ALL
• New York Forms: Practice-Oriented Forms for New York Legal and Business Transaction, KFN5068 .N4, also available on Westlaw in many databases by practice area, e.g., New York Forms - Business (NY-BUSLF); New York Forms - Real Property (NY-RPLF)
• New York Lawyer's Deskbook, KFN 5081 .N485 1996. Surveys twenty-five areas of legal practice
• General Practice in New York, KFN5995 .N64. Covers thirty areas of legal practice (Georgetown Law Library currently owns volumes 20-25)

LAW REVIEWS, BAR JOURNALS, AND NEWSPAPERS

Law Journals with a focus on New York State

New York is home to many law schools and thus many academic law journals. For an extensive listing of schools and publications, see FindLaw's Law Schools by State - New York. Georgetown Law Library subscribes to many New York law reviews and journals. Search in GULLiver by publication title to find print and electronic versions. In particular, the following law journals and periodicals focus on New York State:

• New York Law Journal. Primarily legal news content; also publishes some unpublished court opinions.
  • Microform: Williams Media (1st floor), row C, cabinets 23-24 (1888-2010)
  • Electronic versions
  • Internet (subscription required for some online content)
• New York Lawyer (online only; 2000 - ). An online-only news resource from the publishers of New York Law Journal; geared toward younger legal professionals.
• Journal, New York State Bar Association. "Features substantive articles relating to practice of law in New York State on business, criminal, elder, environmental, labor and employment, real property and trusts and estates law, as well as other general topics of interest to attorneys."
  • Print: K10 .O59 (2000-08; subscription cancelled. Formerly New York State Bar Journal, 1959-99, K14 .E9715)
  • Electronic versions
  • Internet (subscription required for most online content)
• Record of the Association of the Bar of the City of New York
  • Print: K18 .E3 (1946-2009; subscription cancelled)
  • Electronic versions
  • Internet
• St. John's Law Review. Publishes an annual survey of New York practice.
  • Print: K23 .A22 (1926-2010; subscription cancelled)
  • Electronic versions
  • Internet: Journal archives (2004 - )
• Syracuse Law Review. Publishes an annual survey of New York law.
  • Print: K23 .Y7 (1949-2010; subscription cancelled)
  • Electronic versions
  • Internet: Journal archives (2006 - )
• Touro Law Review. Publishes an annual issue on New York State Constitutional Law.
  • Print: K24 .O6 (1985-2010; subscription cancelled)
  • Electronic versions
  • Internet: Journal archives (2006 - )
• 44th Street Notes (2004 - present available online). A regularly published newsletter of the Association of the Bar of the City of New York; contains articles, reports, announcements, and commentary.
  

Local Newspapers

• New York Daily News (current; searchable full-text and free abstracts back to January 1995)
• The New York Times (current; searchable full-text and free abstracts back to 1851)
  • Available electronically (accessible to Georgetown University community members)
  • ProQuest Historical Newspapers (1851 - three years from present; full-text searchable articles in PDF as appeared in print)
• Newsday (current; searchable full-text and free abstracts from the past two years)
• New York Post(current; searchable full-text and free articles back to 1998)
• Village Voice (current; searchable full-text and free articles back to 1997)
  • ProQuest Research Library (full-text, July 1991-present)
• The Villager (current; searchable full-text and free articles back to 2003)
• New York Public Library offers access to historical issues of New York newspapers through the present day. See their New York City Newspapers webpage for a description of the collection.
• Columbia University Libraries have an extensive collection of newspapers from across the United States from 1704 to present, including the state and city of New York (coverage varies by title). See their webpage, American Newspapers in the Columbia University Libraries. Access to Columbia University Libraries is restricted; please check their access policies before visiting.

OTHER USEFUL RESOURCES

• Association of the Bar of the City of New York. The City Bar's official website offers a variety of resources:
  • Resources for Attorneys (including Pro Bono Opportunities Guide, Job Seeker Services, Legal Ethics Opinions (1986 - ), and CLE Calendar)
  • Resources for Law Students (including Law School Receptions, Career Advancement, and Committee on Law Student Perspectives
  • Resources for the General Public (including Legal Referral Service, Brochures/Books on legal topics, and How to Complain About Lawyers & Judges in NYC)
• Center for New York City Law. Provides access to decisions decided by selective New York City agencies. The organization also publishes CityLaw (a bi-monthly publication reporting the most important legislative, administrative and judicial decisions affecting the City of New York), CityRegs (a bi-weekly fax news service, summarizing every current proposed or adopted New York City rule and regulation), and CityLand (a monthly publication reporting decisions from the New York City Land use agencies). The website only provides very selective full-text of these publications.
• Law Schools By State, FindLaw. Provides links to the websites of law schools and affiliated organizations, such as journals and libraries.
• LawHelp.org/NY. A website that "helps low and moderate-income New Yorkers find legal help and information." The entire website is also available in Spanish, and some resources are available in other languages.
• New York CourtHelp. Provides basic court forms, court facts, a directory of county law libraries and a directory of lawyer referral service.
• Science, Industry and Business Library (SIBL), New York Public Library. Provides links to resources on New York State and New York City.
• The New York Red Book. Published every two years (annually starting in 2009) by New York Legal Publishing. Online and print (over 1,000 pages long) versions provide directory and biographical information (including photos) of New York officials from all three branches of government. Also includes a digest of important legislation recently enacted. Georgetown Law Library does not hold recent issues of this publication.
• New York State Directory, JK3430 .N52. Published annually by Empire State Report. Provides in Section 1 contact information for all branches of New York State government, including brief biographies of top officials. Section 2 lists government officials (state as well as federal if the agency impacts state policies), influential advocacy groups and experts by policy area (twenty-five policy areas in total). Also included are appendices with contact information for U.S. Congress members, county and municipal governments, political parties, lobbyists, political action committees, higher education institutes, public school administrators, and mass-media contacts. Georgetown Law Library discontinued this item following the 2001/2002 edition.
• New York State Bar Association offers a variety of resources in two categories:
  • Resources for Attorneys (including NYSBA The Lawyer's Code of Professional Responsibility and Ethics Opinions)
  • Resources for the General Public (including information on how to find a lawyer, New York Living Will/ Health Care Directive Proxy Form, and New York State Attorney Directory with current contact information for attorneys admitted to the New York State Bar)
• New York State Library. A depository for both New York and Federal government documents.
• State and Local Government on the Net. A directory of official New York state, county, and city government websites.

OTHER RESEARCH GUIDES

• Gibson's New York Legal Research Guide (3rd edition), William H. Manz, KFN5074 .G53 2004.
• New York State Constitution Research Aid, Albany Law School
• Zimmerman's Research Guides (provided by LexisNexis)
• New York Statutes and Legislative History Sources, NYU Law Library
• New York Court System, NYU Law Library
• New York Legal Research Pathfinder, Rutgers School of Law Library
• Guide to New York Legal Research in the Mendik Library (PDF), New York Law School Library
• New York City Documents, Columbia University Libraries
• Sources of New York City Law and Regulations, NYU Law Library

* * * * * * *

The authors of this guide give special thanks to the authors of the leading research guide for New York State law: William H. Manz's Gibson's New York Legal Research Guide (3rd edition), KFN5074 .G53 2004.

Updated 12/2010 (AJC)