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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 The ''Consolidated Laws of the State of New York'' are the codification (law), codification of the permanent laws of a general nature of New York (state), New York enacted by the New York State Legislature. It is composed of several chapters, or l ...
'' form the general statutory law. The
Constitution of New York The Constitution of the State of New York establishes the structure of the government of the State of New York New York is a state in the Mid-Atlantic and Northeastern regions of the United States The United States of America (USA) ...
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 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 Uni ...
'' and codified in the ''
Consolidated Laws of New York The ''Consolidated Laws of the State of New York'' are the codification Codification may refer to: *Codification (law), the process of preparing and enacting a legal code *Codification (linguistics), the process of selecting, developing and prescr ...
''. State agency rules and regulations are promulgated in the ''
New York State Register The ''New York State Register'' 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 Periodical literature (also calle ...
'' and compiled in the ''
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains 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 northeast ...
''. Because New York is a
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
state, every opinion, memorandum, and motion sent by the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York New York is a state in the Mid-Atlantic and Northeastern regions of the United States The United States of America (USA), com ...
(New York's highest court) and the
Appellate Division of the New York Supreme Court 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 ...
(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.


Constitution

All state and municipal powers are derived from the
Constitution of New York The Constitution of the State of New York establishes the structure of the government of the State of New York New York is a state in the Mid-Atlantic and Northeastern regions of the United States The United States of America (USA) ...
, which is, in turn, subordinate to the
Constitution of the United States The Constitution of the United States is the supreme law A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation An organization, or orga ...
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 The New York State Assembly is the lower house A lower house is one of two chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama *Chambers, Arizona, an unincorporated community ...

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 Legislature consists of the two houses that act as the state legislature A state legislature is a Legislature, legislative branch or body of ...

New York State Senate
. 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 {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all ...
, 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, in most cases, a public official with the power to govern the Executive (government), executive branch of a non-sovereign or sub-national level of government, ranking under the head of state. In federations, ''governor'' may be t ...
, 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 #REDIRECT Attorney general In most common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinio ...
and
Comptroller A comptroller is a management Management (or managing) is the administration of an organization An organization, or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling diff ...
, 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 A state legislature is a Legislature, legislative branch or body of a State (country subdivision), political subdivision in a Federalism, federal syste ...
has enacted
legislation Legislation is the process or product of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating law by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law ...
, called chapter laws or
slip law In the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, state ...
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 statute A statute is a formal written enactment of a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gat ...
and published in the official ''
Laws of New York ''Laws of the State of New York'' are the 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 Uni ...
''. The
codification Codification may refer to: *Codification (law), the process of preparing and enacting a legal code *Codification (linguistics), the process of selecting, developing and prescribing a model for standard language usage *Accounting Standards Codificati ...
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 Codification may refer to: *Codification (law), the process of preparing and enacting a legal code *Codification (linguistics), the process of selecting, developing and prescr ...
''. 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 communication Communication (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Lati ...
, 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. Unconsolidiated 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 meanin ...
(e.g.,
legislative intent In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described b ...
, legal
hermeneutics Hermeneutics () is the theory and methodology Methodology is the study of research methods, or, more formally, "'a contextual framework' for research, a coherent and logical scheme based on views, beliefs, and values, that guides the choi ...
).


Administrative law

Pursuant to certain broadly worded statutes, state agencies and courts have promulgated an enormous body of rules and regulations (
delegated legislation In parliamentary system A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent of democracy Democracy ( gr, δημοκρατία, ''dēmokratiā'', ...
). Regulations are promulgated with and published in the ''
New York State Register The ''New York State Register'' 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 Periodical literature (also calle ...
'' and compiled in the ''
New York Codes, Rules and Regulations The ''New York Codes, Rules and Regulations'' (NYCRR) contains 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 northeast ...
'' (NYCRR). There are also numerous decisions, opinions, and rulings of state agencies. Altogether these are sometimes called
administrative law Administrative law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by ...
.


Case law

Decisions of the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York New York is a state in the Mid-Atlantic and Northeastern regions of the United States The United States of America (USA), com ...
are
binding authority A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive without going to courts for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law#Disambig ...
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 The Judiciary of New York (officially the New York State Unified Court System) is the judic ...
(NYSCEF) is the electronic court filing (e-filing) system. The
New York State Reporter New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Boyz or The Boyz may refer to: Music Bands *The Boyz (German band), a German boy band of t ...
of the
New York State Law Reporting Bureau New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
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 A court is any person or institution, often as a government ...
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 A legal periodical is a periodical Periodical literature (also called a periodical publication or simply a periodical) is a category of Serial (publishing), serial published, ...
''.


Local law

New York is divided into
counties A county is a geographical 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 large human settlement In geography, statistics and archaeology, a settlement, locality or populated place is a community in which people live. The complexity of a settlement can range from a small number of dwellings grouped to ...
, towns, and
villages A village is a clustered human settlement or Residential community, community, larger than a hamlet (place), hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typ ...
, 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 A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...
. 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 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 Uni ...
''.; " ..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 New York, often called New York City to distinguish it from New York State New York is a state State may refer to: Arts, entertainm ...
'' consisting of 29 titles, the regulations promulgated by city agencies are contained in the ''
Rules of the City of New York Rule or ruling may refer to: Human activity * The exercise of political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms of Power (social and ...
'' consisting of 71 titles, and ''
The City Record ''The City Record'' is the government gazette, 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, governmen ...
'' 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 Periodical literature (also called a periodical publication or simply a periodical) is a ca ...
(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 State Liquor Authority The New York State Liquor Authority (NYSLA) and its agency arm, the Division of Alcoholic Beverage Control (DABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution ...
* Capital punishment in New York *
Certificate of dispositionA certificate of disposition is a New York court document that indicates the current status of a case or its final disposition. Availability Certificates of Disposition are available from the clerk's office in either the Criminal Court or the Supre ...

Certificate of disposition
*
New York divorce law New York divorce law changed on August 15, 2010, when Governor A governor is, in most cases, a public official with the power to govern the Executive (government), executive branch of a non-sovereign or sub-national level of government, ranking ...
*
New York energy law New York energy law is the statutory A statute is a formal written enactment of a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering ...
*
Felony murder rule (New York) In the state of 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: ...
*
Gun laws in New York Gun laws in New York regulate the sale, possession, and use of firearm A firearm is any type of gun A gun is a ranged weapon designed to use a shooting tube ( gun barrel) to launch typically solid projectiles, but can also project pr ...
* Necessity defense (New York) * Molineux hearing * Motion to dismiss in the interest of justice *
LGBT rights in New York The U.S. state of New York (state), New York has generally been seen as Social liberalism, socially liberal in regard to lesbian, gay, bisexual, transgender (LGBT) rights. The advocacy movement for LGBT rights in the state has been dated as far ...
*
Rent control in New York Rent control 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 system al ...


Legislation

*
Rockefeller Drug Laws #REDIRECT Rockefeller Drug Laws The Rockefeller Drug Laws are the statutes dealing with the sale and possession of "narcotic Heroin, a powerful opioid and narcotic The term narcotic (, from ancient Greek Ancient Greek includes the for ...
*
New York City Human Rights Law The New York City Human Rights Law (NYCHRL) is a civil rights Civil and political rights are a class of rights Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institut ...
* Libby Zion Law * Soda Ban


Other

* Politics of New York *
Law enforcement in New York Law enforcement in New York (state), New York State is primarily conducted by Police Officers employed by State, City, County Police departments. A number of State, City, Educational, and private companies employ Peace Officers. Types of Law E ...
*
Crime in New York This article refers to the situation of crime in the U.S. state of New York (state), New York. In 2012, there were 451,142 crimes reported in the state of New York, including 686 murders. In 2014, 409,386 crimes were reported in the state, inc ...
*
Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unifie ...


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 Legislature consists of the two houses that act as the state legislature A state legislature is a Legislature, legislative branch or body of ...

New York State Senate

Laws of New York
from the
Legislative Bill Drafting Commission The New York (state), 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 publi ...

Consolidated Laws
from
FindLaw #REDIRECT FindLaw #REDIRECT 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 w ...

Consolidated Laws
from
Justia Justia is an American website specializing in legal information retrievalLegal information retrieval is the science of information retrieval applied to legal text, including legislation, case law, and scholarly works. Accurate legal information r ...

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 The points of the compass are an evenly spaced set of horizontal directions (or azimuth An azimuth (; from Arabic اَلسُّمُوت ''as-sumūt'', 'the di ...

New York State Register
from the
New York State Department of State New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Boyz or The Boyz may refer to: Music Bands *The Boyz (German band), a German boy band of t ...

New York State Register
from West

from the
New York State Law Reporting Bureau New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...

Court slip opinions
from the
New York State Office of Court Administration The New York (state), 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 judiciary of New York, New York State Unified Court System. They are app ...

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 is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz (South Korean band), The Boyz Albums and EPs * New (album), ''New'' (album), by Paul McCartn ...

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 The New York City Department of Information Technology and Telecommunications (DoITT) is the department of the government of New York City A government is the system or group of people governing an organized community, generally a st ...

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 New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. New York Law School's faculty includes 54 full-time and 59 adjunct professors. Notable faculty mem ...
* Case law: {{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 * New ...