§ 434 — Contracts for publication of reports

§ 434. Contracts for publication of reports. 1. The printing and\npublication of the court of appeals reports, the appellate division\nreports, the miscellaneous reports and the combined official series\nshall be done under contract as hereinafter provided.\n 2. Said contract shall be let and said publication shall be made by\nand under the direction of the state reporter.\n 3. In each year immediately preceding the expiration of the contract\nto be let as hereinafter provided, the state reporter shall give notice\nthat a contract will be let for said printing and publication, together\nwith a reference to this section, and that on or before the first day of\nApril in such year, the state reporter will receive sealed proposals for\nsuch contract. Such notice shall be given beginning in the first week of\nJanuary in the procurement opportunities newsletter published by the\ncommissioner of economic development pursuant to section one hundred\nforty-two of the economic development law.\n 4. Said contract shall be let to the person who will publish and sell\nsaid reports and said combined official series, together with the weekly\nadvance sheets thereof, and furnish the required copies to the various\nstate and county officials, on terms deemed by said state reporter most\nadvantageous to the public and the state, regard being had to the proper\nexecution of the work. Said contract shall be let not earlier than the\nfirst of May, nor later than the first of June, in such years.\n 5. (a) Said contract shall require the contractor to continue to\npublish such reports and the combined official series thereof (with\nweekly advance sheets thereof to be published as early as practicable\nafter the decisions of said courts shall be handed down), and shall fix\nthe prices at which said publications and each of them, in the various\nstyles of binding and weights and quality of paper, and the sizes and\nthe number of pages of each, shall be delivered within the state of New\nYork.\n (b) Said contract also shall provide that the contractor may produce\nand market such reports and the combined official series thereof in any\nmedium or format, besides bound volumes and printed advance sheets,\nincluding but not limited to microfiche, ultrafiche, on-line computer\nretrieval data base, and CD-ROM (compact disc-read only memory), subject\nto prior approval by the state reporter and the chief judge of the court\nof appeals.\n 6. Said contract shall require the contractor to furnish the state\nlibrary with fifty-eight copies of the court of appeals and appellate\ndivision reports and three copies of the miscellaneous reports, and also\nto furnish copies of each of said publications as follows: One of each\nto the clerk of each county, for the use of the county; one of each to\nthe attorney general, for the use of his office; one of each to the\nstate comptroller, for the use of his office; one of each to the clerk\nof the court of appeals, for the use of that court, and one of each to\neach judge or justice of a court of record, for the use of his office;\nand one of each to the various public law libraries in the state, and\nthe expense of delivery thereof shall be borne by the state.\n 7. Publication under said contract shall commence on the first day of\nJanuary, nineteen hundred and forty-one, and shall continue until\nDecember thirty-first, nineteen hundred and forty-five (unless said\ncontract is previously annulled by the state reporter); thereafter said\ncontracts shall be made for the period of five years each.\n 8. Said contractor shall agree that he will promptly after the\npublication of each volume of said reports, and constantly thereafter,\nkeep the same on hand for open and public sale, and will deliver the\nsame, complete, bound and lettered, to any and to all persons desiring\nto purchase, at a price for each which shall be fixed by said contract.\n 9. Said contract shall contain such other provisions as in the\njudgment of the state reporter may be necessary to safeguard the\ninterests of the state and of the public, and shall be subject to the\napproval of the chief judge of the court of appeals. The form of the\nproposed contract complete as to all its terms, except the prices to be\npaid the contractor, shall be prepared by the state reporter and be\nplaced on file in the office of the law reporting bureau on or before\nthe day of the first publication of notice under subdivision three of\nthis section.\n 10. To every proposal there shall be annexed a bond executed by the\nproposed contractor, with sureties conditioned for the faithful\nperformance of said contract, which bond shall be approved as to form,\nmanner of execution, amount and sufficiency of sureties, by the chief\njudge of the court of appeals.\n 11. The right to reject any and every proposal if deemed unfavorable\nor disadvantageous is reserved to the state reporter, and the state\nreporter may readvertise until bids advantageous to the state and to the\npublic have been secured.\n 12. If the state reporter determines that a contract has not been\nfaithfully kept and performed by the contractor, or whenever in the\njudgment of the state reporter the public interest may so require, of\nwhich the state reporter shall be exclusive judge and his decision shall\nbe final, the state reporter may, by an instrument in writing signed by\nhim and approved by the chief judge of the court of appeals and filed in\nthe office of the secretary of state, modify said contract in the\ninterest of justice, or annul said contract from a time specified in\nsaid instrument and thereupon immediately enter into a new contract\nlikewise to be approved by the chief judge of the court of appeals.\n 13. Neither the state reporter nor any of his deputies nor any of the\nemployees of the law reporting bureau shall have any pecuniary interest\nin said reports or said contracts.\n 14. Nothing provided in this article shall affect the obligation of\nany contracts for the printing and publication of the aforementioned\nreports, or any of them, in force on July first, nineteen hundred\nthirty-eight; but the state reporter shall succeed to all the powers,\nrights and interests with respect to said contracts, possessed by the\nprevious official reporters or board of reporters by whom said contracts\nwere let.\n