PART 123. Requirements Relative To Material Submitted To Supreme Court Law Libraries

Section 123.1 Designations

The following Supreme Court Law Libraries are designated to serve as repositories of materials transmitted by State agencies pursuant to section 102(4)(c) of the Executive Law:

(a) Supreme Court Law Library/Civil Branch
851 Grand Concourse
Bronx, N. Y. 10451
(First Judicial Department);

(b) Supreme Court Law Library
360 Adams Street
Brooklyn, NY 11201
(Second Judicial Department);

(c) Supreme Court Law Library
72 Clinton Street
Plattsburgh, NY 12901
(Third Judicial District Department); and

(d) Supreme Court Law Library
Steuben County Courthouse
Bath, N. Y. 14810
(Fourth Judicial Department);

Historical Note
Sec. filed March 4, 1985 eff. Feb. 26, 1985.

Amended 123.1 on Apr. 10

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Section 123.2 General filing requirements

No material submitted to a Supreme Court Law Library pursuant to section 102(4)(c) of the Executive Law will be accepted for filing therewith unless the following requirements are met:

(a) All material submitted must be (i) in electronic form or (ii) in the form of microfiche or ultrafiche cards, and must comply with the provisions of subdivisions (b-1) and (b-2) of this section, respectively, unless the submitting agency shall certify that such material cannot be obtained commercially in either form, in which event the material shall be in the form prescribed by subdivision (c) of this section.

(b-1) Form for materials submitted in electronic form. Materials submitted in electronic form shall be in such form as approved by the Chief Administrator of the Courts, which may include electronic disks or transmissions between computers or other machines. There also shall be included within each submission the information set forth in subdivision (b-2) of this section.

(b-2) Form for Material Submitted in Microfiche or Ultrafiche.

(1) Material submitted in the form of microfiche or ultrafiche cards shall display the full text of the code, manual, volume or publication of which it is a part.

(2) There shall be included with such cards a separate written index of the material displayed thereon, including the following information for each entry:

(i) the name of the publication, including the volume number and volume title if applicable;

(ii) the name of the publisher or the name of the organization responsible for writing the material, whichever is more useful for identification purposes;

(iii) the date of publication;

(iv) the name of the State agency adopting the publication; and

(v) cross-reference to the NYCRR sections which reference the publication pursuant to section 102(1)(c) of the Executive Law.

(c) Form for Material Submitted When Electronic Form, Microfiche and Ultrafiche Are Unavailable.

(1)(i) If the material were published in a permanently bound volume, the bound volume itself must be submitted for filing. Neither photocopies nor pages from bound volumes will be accepted.

(ii) If a soft-bound publication contains fewer than 100 pages, it must be placed in a rigid-cover binder.

(iii) If the publication is self-covering, i.e., the cover and the inside pages are made of the same or similar stock, the publication must be placed in a rigid-cover binder.

(2) Loose-leaf publications must be bound in the loose-leaf binder specially manufactured and imprinted by the publisher for storing the pages.

(3) The following information must appear on an adhesive label placed in the upper left-hand corner of the front cover of each publication or, if the publication is enclosed in a binder, in the upper left-hand corner of the front cover of the binder.

(i) the name of the publication, including the volume number and volume title if applicable;

(ii) the name of the publisher or the name of the organization responsible for writing the material, whichever is more useful for identification purposes;

(iii) the date of the publication;

(iv) the name of the State agency adopting publication; and

(v) cross-reference to the NYCRR sections which reference the publication pursuant to section 102(1)(c) of the Executive Law.

(4) A rigid-cover binder may not contain more than one publication nor more than one edition of a periodical or series publication.

(d) If for any reason the nature of the material makes it impractical for a State agency to comply with any of the provisions of this section, the agency may request the Chief Administrator of the Courts to grant an exemption therefrom.

(e) No material which is a United States statute or a code, rule or regulation published in the Code of Federal Regulations or in the Federal Register shall be submitted.

Historical Note
Sec. filed March 4, 1985; amd. filed Feb. 12, 1996 eff. Jan. 30, 1996. Amended (b)(2)(v) and (c)(3)(v).

Amended 123.2 on Feb 14, 2006