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The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The '' Consolidated Laws'' form the general statutory law. The Constitution of New York is the foremost source of state law. The legislation of the Legislature is published in the official ''
Laws of New York ''Laws of the State of New York'' are the session laws of the New York State Legislature published as an annual periodical A periodical literature (also called a periodical publication or simply a periodical) is a published work that appears i ...
'' and codified in the ''
Consolidated Laws of New York The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called ...
''. State agency rules and regulations are promulgated in the ''
New York State Register The ''New York State Register'' is the official journal of the New York state government that contains information on proposed regulations and rulemaking activities. The ''New York State Register'' is published weekly by the New York State Depar ...
'' and compiled in the ''
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains New York state rules and regulations. The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. Contents See also * '' New Yo ...
''. Because New York is a common law state, every opinion, memorandum, and motion sent by the
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. The Court of Appeals consists of seven judges: the Chief Judge of the New Yor ...
(New York's highest court) and the Appellate Division of the New York Supreme Court (an intermediate appeals court) is published. Each local government may also adopt local laws, and counties, cities, and towns may promulgate ordinances to the extent authorized by state law, e.g. the
New York City Administrative Code The ''Administrative Code of the City of New York'' contains the codified local laws of New York City as enacted by the New York City Council and Mayor In many countries, a mayor is the highest-ranking official in a municipal government suc ...
.


Constitution

All state and municipal powers are derived from the Constitution of New York, which is, in turn, subordinate to the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
and federal laws and treaties, which are the supreme law of the land. Parallel to the U.S. constitution, legislative power is vested in a bicameral legislature composed of the New York Assembly and
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...
. Judicial power is divided between state and local courts. At the state level, New York's lowest court of general jurisdiction is the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited c ...
, which is overseen by 4 appellate divisions and, ultimately, the New York Court of Appeals. Additionally, municipalities are authorized to operate city, town, village, and district courts for low-level matters. New York's executive power is primarily vested in its
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
, much as the U.S. Constitution vests executive power in the President. One key difference is that the New York Constitution also vests power directly in the state's Attorney General and
Comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level execu ...
, since these positions are directly elected, unlike the U.S. Constitution where the analogous roles are appointed by the President.


Statutory law

Pursuant to the state constitution, the
New York State Legislature The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official t ...
has enacted
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as ...
, called chapter laws or
slip law In the United States, a slip law is an individual Act of Congress which is either a public law (Pub.L.) or a private law (Pvt.L.). They are part of a three-part model for publication of federal statutes consisting of slip laws, session laws, and ...
s when printed separately. The bills and concurrent resolutions proposing amendments to the state or federal constitutions of each legislative session are called
session laws Session laws are the collection of statutes enacted by a legislature during a single session of that legislature, often published following the end of the session as a bound volume. The United States Statutes at Large are an example of session l ...
and published in the official ''
Laws of New York ''Laws of the State of New York'' are the session laws of the New York State Legislature published as an annual periodical A periodical literature (also called a periodical publication or simply a periodical) is a published work that appears i ...
''. The codification of the permanent laws of a general nature are contained in the ''
Consolidated Laws of New York The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called ...
''. 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. Unlike real
codes In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
, the ''Consolidated Laws'' are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary. There also exist unconsolidated laws, such as the various court acts. Unconsolidated laws are uncodified, typically due to their local nature, but are otherwise legally binding. There are also numerous sources used for
statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
(e.g.,
legislative intent In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation ...
, legal
hermeneutics Hermeneutics () is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate ...
), including governors' bill, veto, and recall jackets.


Administrative law

Pursuant to certain broadly worded statutes, state agencies and courts have promulgated an enormous body of rules and regulations (
delegated legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative dem ...
). Regulations are promulgated with and published in the ''
New York State Register The ''New York State Register'' is the official journal of the New York state government that contains information on proposed regulations and rulemaking activities. The ''New York State Register'' is published weekly by the New York State Depar ...
'' and compiled in the ''
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains New York state rules and regulations. The NYCRR is officially compiled by the New York State Department of State's Division of Administrative Rules. Contents See also * '' New Yo ...
'' (NYCRR). There are also numerous decisions, opinions, and rulings of state agencies. Altogether these are sometimes called administrative law.


Case law

Decisions of the
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. The Court of Appeals consists of seven judges: the Chief Judge of the New Yor ...
are binding authority on all other courts, and persuasive authority for itself in later cases. Decisions of the
New York Supreme Court, Appellate Division The Appellate Divisions of the Supreme Court of the State of New York are the intermediate appellate courts in New York State. There are four Appellate Divisions, one in each of the state's four Judicial Departments (e.g., the full title of the ...
department panels are binding on the lower courts, and are persuasive authority for the Court of Appeals and other Appellate Division departments. In the absence of a relevant Appellate Division decision from a trial court's own department, the trial court is bound by the applicable decisions of other departments. Decisions by the Supreme Court, Appellate Term must be followed by courts whose appeals lie to it. Published trial court decisions are persuasive authority for all other courts in the state. The
New York State Courts Electronic Filing System The New York State Courts Electronic Filing System (NYSCEF) is the electronic court filing (e-filing) system used in the New York State Unified Court System. E-filing in criminal cases in the Supreme Court and County Court A county court is a c ...
(NYSCEF) is the
electronic court filing Electronic court filing (ECF), or e-filing, is the automated transmission of legal documents from an attorney, party, or self-represented litigant to a court, from a court to an attorney, and from an attorney or other user to another attorney or ...
(e-filing) system. The New York State Reporter of the New York State Law Reporting Bureau is the official
reporter of decisions The Reporter of Decisions (sometimes known by other titles, such as Official Reporter or State Reporter) is the official responsible for publishing the decisions of a court. Traditionally, the decisions were published in books known as case repor ...
and is required to publish every opinion, memorandum, and motion sent to it by the Court of Appeals and the Appellate Division of the Supreme Court in the '' New York Reports'' and '' Appellate Division Reports'', respectively. The trial court and Supreme Court appellate term opinions are published selectively in the '' Miscellaneous Reports''. The most recent decisions are found in the ''New York Reports 3d'' (cited as N.Y.3d), the ''Appellate Division Reports 3d'' (cited as A.D.3d) and the ''Miscellaneous Reports 3d'' (cited as Misc. 3d). Select opinions of the lower courts in the first and second departments are also published in the ''
New York Law Journal The ''New York Law Journal'', founded in 1888, is a legal periodical covering the legal profession in New York, United States. Background The newspaper, published Monday through Friday, provides daily coverage of civil and criminal cases from ...
''.


Local law

New York is divided into
counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
,
cities A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be de ...
,
towns A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an or ...
, and
villages A village is a clustered human settlement or community, larger than a hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typically ranging from a few hundred to ...
, which are all municipal corporations with their own government. New York City contains no county, town or village governments other than the
government of New York City The government of New York City, headquartered at New York City Hall in Lower Manhattan, is organized under the New York City Charter and provides for a mayor-council system. The mayor is elected to a four-year term and is responsible for th ...
. The Constitution of New York enumerates the powers of local governments, such as the power to elect a legislative body and adopt local laws. Counties, cities, and towns may also promulgate ordinances in addition to laws. A local law has a status equivalent with a law enacted by the Legislature (subject to certain exceptions and restrictions), and is superior to the older forms of municipal legislation such as ordinances, resolutions, rules and regulations. Each local government (such as counties) must designate a newspaper of notice to publish or describe its laws. The Secretary of State is responsible for publishing local laws online and as a supplement to the ''
Laws of New York ''Laws of the State of New York'' are the session laws of the New York State Legislature published as an annual periodical A periodical literature (also called a periodical publication or simply a periodical) is a published work that appears i ...
''.; " ..5. The secretary of state shall publish annually local laws on the department of state website and in a separate volume as a supplement to the session laws, and shall publish at least annually on the department of state website a complete codification of all local laws in effect that have been adopted by the legislative body of each county. The clerk, or other officer designated by the legislative body of each county, shall provide local laws to the secretary of state in a manner specified by the secretary of state to facilitate the publication requirements of this subdivision. ..7. The secretary of state shall have the authority to provide for the receipt and filing of local laws by electronic transmission. .. Local laws are not effective until they have been filed with the Secretary of State in the form designated. With respect to New York City, the codified local laws are contained in the ''
New York City Administrative Code The ''Administrative Code of the City of New York'' contains the codified local laws of New York City as enacted by the New York City Council and Mayor In many countries, a mayor is the highest-ranking official in a municipal government suc ...
'' consisting of 29 titles, the regulations promulgated by city agencies are contained in the ''
Rules of the City of New York The ''Rules of the City of New York'' (RCNY) contains the compiled rules and regulations (delegated legislation) of New York City government agencies. It contains approximately 6,000 rules and regulations in 71 titles, each covering a different cit ...
'' consisting of 71 titles, and ''
The City Record ''The City Record'' is the official journal of New York City. It is published each weekday (except legal holidays) and contains legal notices produced by city agencies, including notices of proposed and adopted rules, procurement solicitations an ...
'' is the
official journal A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
(newspaper of notice) published each weekday (except legal holidays) containing legal notices produced by city agencies.


Treatises

There are also several sources of persuasive authority, which are not binding authority but are useful to lawyers and judges insofar as they help to clarify the current state of the law.


See also


Topic

* Alcohol laws of New York *
Capital punishment in New York Capital punishment was outlawed in New York after the New York Court of Appeals, the highest court in the state, declared the practice as unconstitutional under the state's constitution in 2004. In 1972, the U.S. Supreme Court's ruling declar ...
* Certificate of disposition * New York divorce law * New York energy law * Felony murder rule (New York) * Gun laws in New York * Necessity defense (New York) * Molineux hearing * Motion to dismiss in the interest of justice * LGBT rights in New York *
Rent control in New York Rent regulation in New York is a means of limiting the amount of rent charged on dwellings. Rent control and rent stabilization are two programs used in parts of New York state (and other jurisdictions). In addition to controlling rent, the syste ...


Legislation

*
Rockefeller Drug Laws The Rockefeller Drug Laws are the statutes dealing with the sale and possession of " narcotic" drugs in the New York State Penal Law. The laws are named after Nelson Rockefeller, who was the state's governor at the time the laws were adopted. Ro ...
* New York City Human Rights Law * Libby Zion Law * Soda Ban


Other

* Politics of New York * Law enforcement in New York * Crime in New York *
Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...


Citations


General and cited references

* *


External links


Laws, court acts, and legislative chamber rules
from the
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...

Laws of New York
from the
Legislative Bill Drafting Commission The New York Legislative Bill Drafting Commission (LBDC) aids the New York State Legislature in drafting legislation; advises as to the constitutionality, consistency or effect of proposed legislation; conducts research; and publishes and maintain ...

Consolidated Laws
from
FindLaw FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 200 ...

Consolidated Laws
from
Justia Justia is an American website specializing in legal information retrieval. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases. The company is headquartered in Mountain View, Cal ...

Consolidated Laws
from Socratek
New York Codes, Rules and Regulations
from
West West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some R ...

New York State Register
from the
New York State Department of State The New York State Department of State (NYSDOS) is the department of the New York state government under the leadership of the Secretary of State of New York. Executive Law § 90. "There shall be in the state government a department of state. The ...

New York State Register
from West
New York Slip Opinion Service
from the New York State Law Reporting Bureau
Court slip opinions
from the
New York State Office of Court Administration The New York State Chief Administrator of the Courts (or Chief Administrative Judge of the Courts if a judge) oversees the administration and operation of the New York State Unified Court System. They are appointed by the Chief Judge of New York ...

New York Official Reports Service
from West
New York State Courts Electronic Filing System
from the New York State Office of Court Administration
New York City Administrative Code and Rules of the City of New York
from New York Legal Publishing Corporation
New York City Administrative Code
from FindLaw
Rules of the City of New York
from the New York City Department of Information Technology and Telecommunications
Local Laws Database
from the New York State Department of State
Local law codes
from Public.Resource.Org
CityAdmin
a collection of NYC administrative decisions from the Center for New York City Law * Case law:
Governors' bill, veto and recall jackets
in the
New York State Library The New York State Library is a research library in Albany, New York, United States. It was established in 1818 to serve the state government of New York and is part of the New York State Education Department. The library is one of the largest ...
{{Authority control
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...