2012 Annual Report of the State Reporter



      1. Introduction. The New York State Law Reporting Bureau (LRB), established under article 14 of the Judiciary Law, edits and publishes all of the decisions of the Court of Appeals and the Appellate Division, as well as selected decisions of the lower courts. These decisions are published in the New York Official Reports, which include the New York Reports, the Appellate Division Reports and the Miscellaneous Reports. Motion decisions of the Appellate Division and Appellate Term and additional lower court opinions are published only online. The LRB operates under the direction of a State Reporter appointed by the Court of Appeals, with a designated Judge of the Court - currently Judge Eugene F. Pigott, Jr. - serving as the Court's liaison to the LRB. This is a report of the LRB's activities in 2012.

      2. Style Manual published. The 2012 Edition of the Official Reports Style Manual was published in September. It supersedes the 2007 Edition and 2009 Supplement. Chief Judge Jonathan Lippman provided a foreword. The 2012 Edition leaves largely intact the content of the 2007 Edition and 2009 Supplement. Sample citations were updated and expanded and residual style inconsistencies were resolved. Other revisions reflected a continuing commitment to conform to modern style practices and reduce unnecessary variations from standard sources. Some 4,206 copies of the new Manual were distributed to courts and other users in 2012; an additional 3,276 copies were downloaded from the LRB website.

      3. Publishing Activity. The LRB published in print and electronically 55,363 opinions, memoranda, abstracts and appellate motions in 2012 - an increase of 1.1% from 2011 - all of which are publicly accessible on the LRB's website.

      A. Print publications. During 2012, the LRB prepared for publication two volumes of the New York Reports, 3d Series; 11 volumes of the Appellate Division Reports, 3d Series; and four volumes of the Miscellaneous Reports, 3d Series, for a total of 17 bound volumes, as planned. Two soft-cover interim volumes of the New York Reports, 3d Series, also were published.

      In addition, 52 weekly advance sheets and six bi-monthly Cumulative Tables and Index pamphlets were issued. These advance sheets contained 12,867 full opinions, memorandum decisions, and abstracts of opinions not published in print; 20,999 pages of opinions, memoranda and abstracts; and 13,105 headnotes, allocated as follows:

Report
# Opinions/
Memoranda
# Opinions/
Memoranda Pages

# Headnotes
NY3d 135 Opinion

68 Mem

1,499 Opinion

542 Mem

250 Opinion

80 Mem

AD3d 331 Opinions

9,279 Mems

2,581 Opinion

12,766 Mem

649 Opinion

8,672 Mem

Misc 3d 404 Opinions

2,650 Abstracts

3,328 Opinion

283 Abstract

804 Opinion

2,650 Abstract

      Compared to the prior year, the number of opinions, memoranda and abstracts increased 1.3%; pages decreased less than 1%; and the number of headnotes decreased 7.1%.

      B. Electronic publication. All decisions published in print also are published electronically. In addition, the LRB publishes the following decisions only electronically:

      4. Selection of lower court opinions. During 2012, a total of 6,687 Appellate Term and trial court opinions were submitted for publication consideration, a decrease of 10.3% compared to 2011. This number includes 415 opinions published on websites, in legal newspapers or otherwise brought to our attention and solicited from the authoring judges, or solicited for online publication to provide "opinion below" information for published Appellate Division decisions.

      Of the opinions submitted, the LRB accepted 417 for publication in the Miscellaneous Reports and 5,971 for online publication, for a total of 6,388 acceptances, a decrease of approximately 8.4% compared to 2011. The overall acceptance rate is 95%, an increase of 1% from the prior year.

      5. Website usage. Usage of the LRB website grew again in 2012. A total of 612,381 separate visitors accessed the site, making 2,984,112 visits and 78,317,916 requests for information. Compared to the prior year, visitors decreased by 16.8%; visits increased by 28.5%; and requests increased by 9.1%.

      6. Style Manual distribution. A total of 4,566 copies of the printed Official Reports Style Manual were distributed to judges, court staff and others in 2012. An additional 16,595 copies were downloaded from the LRB website.

      7. Product development. The LRB continued to enhance its online services and website in 2012.

      8. Personnel. The LRB staff numbered 27 at the close of 2012, an increase of two employees from 2011. The following personnel joined the LRB in 2012:

      9. Facilities. The LRB completed its first full year of occupancy at Centennial Hall in April 2012.

      10. Equipment. The LRB acquired no new equipment in 2012, and surveyed existing equipment to identify items suitable to retain for backup purposes and unnecessary items that could be surplussed for use by other UCS agencies.

      11. Editorial and office technology. The LRB continued to employ computer solutions to improve the efficiency and effectiveness of office and editorial functions. Projects completed or introduced in 2012 include:

             i. A server replication solution, ViceVersa Pro Server, was implemented which provides additional backup capabilities for the LRB's production files. The solution synchronizes files between two servers in real time, minimizing the time required for file recovery in the event of a crash. This solution complements the LRB's off-site tape backup arrangement.

             ii. With the cooperation with OCA/RTP, weekly reporting of LRB Internet usage was changed from paid subscription-based software to OCA-generated reports that are compiled by the LRB Tech Team for efficient management review to assure compliance with OCA and LRB usage policies.

             iii. Essential file folders and images were migrated to the LRB's new Scout server, eliminating the need to maintain and service two older servers.

       12. Continuing Legal Education (CLE) presentations. The LRB presented and attended the following CLE programs in 2012.

       13. Professional and Volunteer activities. LRB staff members participated in various professional activities, community events and charitable causes.

       Professional activities:

       Volunteer activities:

       14. Visits and visitors. Among visits made in 2012:

       15. Organization. Of significance in 2012: