2023 New York Laws › JUD - Judiciary › Article 14 - Law Reporting › 434 - Contracts for Publication of Reports.

§  434.  Contracts  for  publication  of  reports. 1. The printing and
publication of the court of  appeals  reports,  the  appellate  division
reports,  the  miscellaneous  reports  and  the combined official series
shall be done under contract as hereinafter provided.
2. Said contract shall be let and said publication shall  be  made  by
and under the direction of the state reporter.
3.  In  each year immediately preceding the expiration of the contract
to be let as hereinafter provided, the state reporter shall give  notice
that  a contract will be let for said printing and publication, together
with a reference to this section, and that on or before the first day of
April in such year, the state reporter will receive sealed proposals for
such contract. Such notice shall be given beginning in the first week of
January in the procurement opportunities  newsletter  published  by  the
commissioner  of  economic  development  pursuant to section one hundred
forty-two of the economic development law.
4. Said contract shall be let to the person who will publish and  sell
said reports and said combined official series, together with the weekly
advance  sheets  thereof, and furnish the required copies to the various
state and county officials, on terms deemed by said state reporter  most
advantageous to the public and the state, regard being had to the proper
execution  of  the work. Said contract shall be let not earlier than the
first of May, nor later than the first of June, in such years.
5. (a) Said contract shall  require  the  contractor  to  continue  to
publish  such  reports  and  the  combined official series thereof (with
weekly advance sheets thereof to be published as  early  as  practicable
after  the decisions of said courts shall be handed down), and shall fix
the prices at which said publications and each of them, in  the  various
styles  of  binding  and weights and quality of paper, and the sizes and
the number of pages of each, shall be delivered within the state of  New
York.
(b)  Said  contract also shall provide that the contractor may produce
and market such reports and the combined official series thereof in  any
medium  or  format,  besides  bound  volumes and printed advance sheets,
including but not limited to microfiche,  ultrafiche,  on-line  computer
retrieval data base, and CD-ROM (compact disc-read only memory), subject
to prior approval by the state reporter and the chief judge of the court
of appeals.
6.  Said  contract  shall  require the contractor to furnish the state
library with fifty-eight copies of the court of  appeals  and  appellate
division reports and three copies of the miscellaneous reports, and also
to  furnish  copies of each of said publications as follows: One of each
to the clerk of each county, for the use of the county; one of  each  to
the  attorney  general,  for  the  use of his office; one of each to the
state comptroller, for the use of his office; one of each to  the  clerk
of  the  court of appeals, for the use of that court, and one of each to
each judge or justice of a court of record, for the use of  his  office;
and  one  of  each to the various public law libraries in the state, and
the expense of delivery thereof shall be borne by the state.
7. Publication under said contract shall commence on the first day  of
January,  nineteen  hundred  and  forty-one,  and  shall  continue until
December thirty-first, nineteen  hundred  and  forty-five  (unless  said
contract  is previously annulled by the state reporter); thereafter said
contracts shall be made for the period of five years each.
8. Said contractor  shall  agree  that  he  will  promptly  after  the
publication  of  each volume of said reports, and constantly thereafter,
keep the same on hand for open and public sale,  and  will  deliver  the
same,  complete,  bound and lettered, to any and to all persons desiring
to purchase, at a price for each which shall be fixed by said contract.
9. Said contract  shall  contain  such  other  provisions  as  in  the
judgment  of  the  state  reporter  may  be  necessary  to safeguard the
interests of the state and of the public, and shall be  subject  to  the
approval  of  the  chief  judge of the court of appeals. The form of the
proposed  contract complete as to all its terms, except the prices to be
paid the contractor, shall be prepared by  the  state  reporter  and  be
placed  on  file  in the office of the law reporting bureau on or before
the day of the first publication of notice under  subdivision  three  of
this section.
10.  To  every  proposal there shall be annexed a bond executed by the
proposed  contractor,  with  sureties  conditioned  for   the   faithful
performance  of  said contract, which bond shall be approved as to form,
manner of execution, amount and sufficiency of sureties,  by  the  chief
judge of the court of appeals.
11.  The  right to reject any and every proposal if deemed unfavorable
or disadvantageous is reserved to the  state  reporter,  and  the  state
reporter may readvertise until bids advantageous to the state and to the
public have been secured.
12.  If  the  state  reporter  determines that a contract has not been
faithfully kept and performed by the  contractor,  or  whenever  in  the
judgment  of  the  state reporter the public interest may so require, of
which the state reporter shall be exclusive judge and his decision shall
be final, the state reporter may, by an instrument in writing signed  by
him and approved by the chief judge of the court of appeals and filed in
the  office  of  the  secretary  of  state,  modify said contract in the
interest of justice, or annul said contract from  a  time  specified  in
said  instrument  and  thereupon  immediately  enter into a new contract
likewise to be approved by the chief judge of the court of appeals.
13. Neither the state reporter nor any of his deputies nor any of  the
employees  of the law reporting bureau shall have any pecuniary interest
in said reports or said contracts.
14. Nothing provided in this article shall affect  the  obligation  of
any  contracts  for  the  printing and publication of the aforementioned
reports, or any of them,  in  force  on  July  first,  nineteen  hundred
thirty-eight;  but  the  state reporter shall succeed to all the powers,
rights and interests with respect to said contracts,  possessed  by  the
previous official reporters or board of reporters by whom said contracts
were let.