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The 1846 New York State Constitution directed the appointment of a commission to simplify and modernize the arcane system of writs and pleadings, and the Field Code (after commissioner David Dudley Field II) was enacted by the Legislature on April 12, 1848. [4] [5] The CPLR was enacted in 1962. [6] [1]
The New York Codes, Rules and Regulations (NYCRR) contains New York state rules and regulations. [1] The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. [2]
New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
Pursuant to the state constitution, the New York State Legislature has enacted legislation, called chapter laws or slip laws when printed separately. [2] [3] [4] The bills and concurrent resolutions proposing amendments to the state or federal constitutions of each legislative session are called session laws and published in the official Laws of New York.
Whether a municipality is defined as a borough, city, town, or village is determined not by population or land area, but rather on the form of government selected by the residents and approved by the New York State Legislature. [2] [3] [4] Each type of local government is granted specific home rule powers by the New York State Constitution. [5]
New York: McKinney's CPLR § 321 "A party...may prosecute or defend a civil action in person or by attorney." [1] New York: New York State Bar Association Code of Judicial Conduct Canon III b 6 "A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law" [36 ...
The New York State Constitution (2nd ed.). Oxford University Press. ISBN 978-0-19-986056-2. LCCN 2011051555. NYSBA Committee on Legal Education and Admission to the Bar; NYSBA Membership Committee (September 2012). The Practice of Law in New York State: An Introduction For Newly-Admitted Attorneys (PDF). New York State Bar Association.
In Suffolk County, the jurisdiction of the court also includes town ordinance offenses prosecuted by the towns. [1] [2] This subject-matter jurisdiction is the same as the city courts within New York State. [4]