Keith Mack
New York State laws include the New York Constitution, laws passed by the New York legislature, and decisions by courts that interpret New York laws. The fifth and current version of the New York Constitution was adopted in 1938 and, in addition to federal laws, applies to New York residents.
| Characteristics | Values |
|---|---|
| Laws applicable in New York | New York state laws, U.S. federal laws |
| New York state laws | New York Constitution, laws passed by the New York legislature, court decisions interpreting New York laws |
| U.S. federal laws | U.S. Constitution, statutes in the U.S. Code, court decisions interpreting federal laws, regulations issued by federal agencies |
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What You'll Learn
Federal laws in New York
New York residents are subject to both New York state laws and U.S. federal laws. Federal laws apply in New York as they do across all 50 states. The U.S. Constitution is the supreme law of the U.S., and federal laws also include statutes periodically codified in the U.S. Code, court decisions interpreting federal laws, and regulations issued by federal administrative agencies.
The New York Consolidated Laws contain the laws passed by the New York legislature and the provisions of the New York Constitution. These laws are often interpreted by the New York Court of Appeals, the highest court in the state, and by the four Appellate Divisions of the Supreme Court, which are the intermediate appellate courts. Additionally, four federal district courts in New York—the Northern, Southern, Eastern, and Western District Courts—issue decisions that may affect New York residents. The Second Circuit Court of Appeals can review decisions by these federal district courts, and in some cases, the U.S. Supreme Court may review appeals from the Second Circuit or the New York Court of Appeals.
The New York Constitution, which was adopted in 1938 and contains 20 articles, forms part of the state's laws, along with laws passed by the New York legislature and codified in the New York Consolidated Laws, and court decisions interpreting these laws.
Some specific areas covered by New York state laws include abandoned property, agriculture and markets, alcoholic beverage control, alternative county government, arts and cultural affairs, banking, benevolent orders, business corporations, canals, cannabis, civil practice and rules, civil rights, civil service, cooperative corporations, corrections, counties, criminal procedure, debtor and creditor relations, and more.
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New York state laws
New York, like all other states, also has its own set of state laws. These include the New York Constitution, laws passed by the New York legislature and recorded in the New York Consolidated Laws, and court decisions interpreting New York laws. The current version of the New York Constitution was adopted in 1938 and consists of 20 articles.
While New York State laws specifically apply to New York residents, they may also have broader implications and be referenced or adopted by other states or in federal law. Additionally, certain provisions of New York State laws may be relevant to individuals or entities outside the state, particularly in areas of law with interstate implications, such as commerce, contracts, or criminal jurisdiction.
It is important to note that the interaction between federal and state laws can be complex, and there may be instances where the application of New York state laws is pre-empted or superseded by federal laws and regulations. In such cases, the federal laws take precedence and govern the specific matter at hand. Nonetheless, New York state laws play a significant role in regulating various aspects of life within the state, ensuring the safety and well-being of its residents, and addressing local concerns and issues.
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The New York Constitution
The Constitution of the State of New York establishes the structure of the government of the State of New York and enumerates the basic rights of the citizens of New York. The first constitution was adopted in 1777, replacing the former colonial charter. New York has adopted four constitutions (1777, 1821, 1846, and 1894) and held nine constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, 1967, and 1977). The constitution amended in 1938 by a constitutional convention remains the central governing document of the state.
The 1777 Constitution of New York was framed by a convention that assembled at White Plains, New York, on July 10, 1776, just as the city was threatened with a British occupation by an invading British Army landing on Staten Island. This convention, in the name and by the authority of the good people of the State of New York, ordained, determined, and declared that the supreme legislative power within the state shall be vested in two separate and distinct bodies of men: the Assembly of the State of New York and the Senate of the State of New York, who together shall form the legislature and meet at least once a year. The constitution further declared that no member of the state shall be deprived of any rights or privileges secured by the constitution unless by the law of the land, or the judgment of his peers.
Article I of the New York Constitution is entitled "Bill of Rights" and consists of 18 sections, three of which have been repealed. Article II is entitled "Suffrage" and consists of nine sections. Article III is entitled "Legislature" and consists of 25 sections. Article IV is entitled "Executive" and consists of eight sections. Article V is entitled "Officers and Civil Departments" and consists of seven sections, one of which has been repealed. Article VI is entitled "Judiciary" and consists of 37 sections. Article VII is entitled "State Finances" and consists of 19 sections. Article VIII is entitled "Local Finances" and consists of 12 sections.
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Laws passed by the New York legislature
The New York State Senate is responsible for passing laws on a wide range of topics, from transportation and housing to social services and finance. Here are some examples of laws passed by the New York legislature:
The Racing, Pari-Mutuel Wagering, and Breeding Law covers the regulations for horse racing and wagering within the state. Pari-mutuel wagering, also known as pool betting, is a system where all bets are pooled and the payout is distributed among the winners. This law also includes provisions for breeding and racing horses, ensuring fair practices and the safety of the animals.
The Private Housing Finance Law addresses financial matters related to private housing development and ownership in New York State. It provides guidelines for obtaining financing for housing projects, including loans and subsidies, and establishes standards for the maintenance and management of private housing.
The Real Property Actions and Proceedings Law (RPAPL) outlines the legal processes and procedures for various actions related to real property, such as evictions, foreclosures, and boundary disputes. It provides a framework for resolving conflicts and protecting the rights of property owners and tenants.
The Transportation Corporations Law focuses on the regulations and operations of transportation companies and corporations in New York. It covers areas such as licensing requirements, safety standards, and passenger or cargo transportation by road, rail, or water.
The Volunteer Ambulance Workers' Benefit Law recognises the contributions of volunteer ambulance workers and provides benefits to them. These benefits could include financial assistance, training, or other support to ensure the well-being of these essential workers.
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Court decisions interpreting New York laws
New York residents are subject to both New York state laws and U.S. federal laws. The state of New York has its own constitution, laws passed by the state legislature, and decisions by courts that interpret New York laws. The New York Court of Appeals, the highest court in the state, and the four Appellate Divisions of the Supreme Court, the intermediate appellate courts in the state, often interpret the New York Constitution and the laws passed by the New York legislature. The Court of Appeals' decisions are binding on all other judges in the state court system.
The New York Official Reports Service for the Court of Appeals, the Appellate Division, Appellate Term, Supreme Court, and miscellaneous courts (1956-) are searchable by word, citation, official slip opinion numbers, docket number, case name, judge name, counsel name, opinion type, and decision date. The New York Official Reports are also available on Westlaw, with coverage beginning in 1847 for New York Reports, 1896 for Appellate Division Reports, and 1892 for New York Miscellaneous Reports.
New York Court of Appeals cases from 1799 onwards are available on Bloomberg Law, alongside Supreme Court Appellate Division (1847 to current) and other court cases. The New York Law Journal is an unofficial reporter that publishes some unpublished opinions. Historical NY state case law reports are available on LLMC Digital and the Caselaw Access Project.
The New York Consolidated Laws contain the laws passed by the New York legislature. Four federal district courts in New York also issue decisions that may affect New York residents: the Northern, Southern, Eastern, and Western District Courts of New York. The Second Circuit Court of Appeals holds the authority to review decisions by federal district courts in New York.
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Frequently asked questions
Yes, federal laws apply in New York as they do across all 50 states.
Federal law includes the U.S. Constitution, statutes in the U.S. Code, court decisions interpreting federal laws, and regulations issued by federal administrative agencies.
Yes, in addition to federal law, New York residents are also subject to New York state laws.
New York state laws include the New York Constitution, laws passed by the New York legislature and found in the New York Consolidated Laws, and court decisions interpreting New York laws.
The current version of the New York Constitution is the fifth version and was adopted in 1938.
