Citing to New York State Appellate Division, Records & Briefs

By SlovakDennis on Sat, 02/08/2025 - 19:05

Forums

Hello,

I am sorry to become a perennial nuisance on this forum, but I am having a great deal of difficulty figuring out how to accurately cite Records & Briefs from the New York State Appellate Division, which are contained within a published volume.

The volume itself is on Google Books. I am looking to cite to the "Transcript of Proceedings" in the case Tretjakow v. Tkatschew.  Specifically, the testimony a plaintiff's witness. It begins on page 778 of the book itself; however, because the book is a compilation of documents previously filed with the Court, it is marked as page "40" in the case documents. Thus, I am not confident which would be appropriate to cite, albeit I lean towards 777 because a reader would have to actually flip through 700+ pages to actually find it in the physical book...

 I have attempted to adapt the Third Edition's Rules 8.8 and 12.13 and came up with:   

New York State Appellate Division, Records & Briefs, vol. 223 (New York City: Library of New York Law Institute, 1971); digital images, Google Books (https://books.google.com: accessed February 5, 2025), 778; Tretjakow v. Tkatschew, 36 AD 2d 905 (1971), for “Transcript of Proceedings, Supreme Court, Queens County, Trial Term, Part II.”

Is this a sufficient citation, or does it need to be modified?

 

Thanks so much!

Submitted byEEon Sat, 02/08/2025 - 19:52

SlovakDennis, can you give an exact URL ... considering that there are at least 5582 volumes that carry this title and that Google Books does not deliver the exact volume even when you query for it?

Once I access the book, there will be other comments.

Submitted byEEon Sun, 02/09/2025 - 09:50

Dennis, are you using and citing the full text? If so, can you send a screen shot of that p. 778 you are citing? 

  • When I access the book using the full URL, a cover page says there are 905 pages in the book, but each case is numbered separately and I find no p. 778. 
  • When I query Google Books for the case name, I get 4 or 5 hits but they are Snippet View only--basically from the index or table of contents--along with a message "Contents Unavailable."

Meanwhile, a PDF of the case seems to be downloadable from Thomson Reuter's Casetext at https://casetext.com/case/tretjakow-v-tkatschew-2?

Hello,

  • When I access the book using the full URL, a cover page says there are 905 pages in the book, but each case is numbered separately and I find no p. 778. 

Yes, that is part of my problem. Because this book is a compilation of different documents originally filed with the lower Court, they are all numbered individually as originally filed. When I downloaded the PDF, the 778th page of the entire document onward is what I am looking to cite. However, as shown below, it is marked as Page 40 onwards because that is how it was entered into the Court record. Thus, I am not sure how to cite the specific pages (because there are several other documents marked as Page "40" and so on  within in this bound volume). 

  • When I query Google Books for the case name, I get 4 or 5 hits but they are Snippet View only--basically from the index or table of contents--along with a message "Contents Unavailable."

This is specifically the portion of the original document I am looking to cite. Its a transcript of witness testimony:

Plaintiff's Witness's Testimony

Thanks, as always!