Cignarella v. Anjoe-A.J. Market, Inc.

Appellate Division of the Supreme Court of the State of New York

Dec 17, 2009

Versions:68 A.D.3d 560

890 N.Y.2d 542

Murphy; thought The user wants me to convert two pages of a legal document into semantic HTML. **Case Information Extraction:** - Page 1 starts with the end of one case and then a full citation for another: “The People of the State of New York, Respondent, v Hector Garcia, Appellant. [891 NYS2d 62]“. - However, looking at the full document, there are multiple cases. - Case 1 (partial): *Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP* (ends on p. 560). - Case 2 (full): *People v Hector Garcia*. Citation: 891 NYS2d 62. - Case 3 (full): *Adele Cignarella et al. v Anjoe-A.J. Market, Inc.* Citation: 890 NYS2d 542. - Case 4 (start): *People v Curtis Bedford*. Citation: 890 NYS2d 887. The instructions say: “If the document contains multiple opinions (e.g., end of one case and start of another), convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” Let‘s evaluate the cases: 1. *People v Garcia*: Caption, body, and “Concur” line are present. It starts and ends on page 560. 2. *Cignarella v Anjoe-A.J. Market*: Caption starts at bottom of 560. Body continues on 561. “Concur” line at bottom of 561. This seems to be the main/most complete opinion spanning the break. 3. *People v Bedford*: Caption starts at bottom of 561. “Concur” line follows. Body seems missing or very short? Wait, page 561 shows the caption for Bedford, then a “Concur” block. This looks like a summary order. Wait, looking at the layout, these are short appellate memorandum decisions. Let‘s look at the Cignarella case. Page 560: Caption starts “Adele Cignarella et al., Respondents, v ANJOE-A.J. MARKET, INC. ... [890 NYS2d 542]“. Page 561: Opinion starts “Plaintiff allegedly sustained personal injuries...” and ends with “Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.” This is a complete opinion. I will convert *Adele Cignarella et al. v Anjoe-A.J. Market, Inc.* **Case Details for Cignarella:** - Case Name: Adele Cignarella et al., Respondents, v Anjoe-A.J. Market, Inc., Doing Business as MET Foodmarkets, et al., Appellants. - Short Name: Cignarella v. Anjoe-A.J. Market, Inc. - Citation: 890 NYS2d 542 (Note: The reporter page is 560 for the start). - Court: Likely New York Supreme Court, Appellate Division (based on “AD3d” citations and the judges listed). The names Gonzalez, Mazzarelli, etc. are consistent with the First Department around 2010. - Date: Not explicitly given on these pages, but the NYS2d cite is from around 2009-2010. - Docket: Not provided. Actually, the instruction says “convert only the MAIN opinion“. Usually, this refers to the most substantial one or the first complete one. *People v Garcia* is very short. *Cignarella* is longer. However, usually, I should pick the first full one. *People v Garcia* is full: Caption, body, concurrence. *Cignarella* is full: Caption, body, concurrence. I will focus on *Adele Cignarella et al. v Anjoe-A.J. Market, Inc.* because it spans the page break which is better for demonstrating formatting requirements like ``. Wait, the instructions say “Skip partial content from a previous case that appears at the beginning of the document.” Page 560 starts with text from a previous case. I skip that. Then there is *People v Garcia*. Then there is *Cignarella*. The prompt asks to convert the document provided. Usually, if there are multiple, I pick the one that is “Complete“. Both Garcia and Cignarella are complete. I‘ll go with *Adele Cignarella et al. v Anjoe-A.J. Market, Inc.* as it is the most substantial and spans the page break provided in the screenshots. **Metadata for Cignarella:** - Name: Adele Cignarella et al., Respondents, v Anjoe-A.J. Market, Inc., Doing Business as MET Foodmarkets, et al., Appellants. - Short Name: Cignarella v. Anjoe-A.J. Market, Inc. - Court: N.Y. App. Div. (First Department) - I‘ll use “N.Y. App. Div.” as the court based on content. - Citation: 890 NYS2d 542 - Date: 2010 (based on NYS2d 542 and the AD3d cites in the text). Let‘s check the citations inside the Cignarella text: - *Porco v Marshalls Dept. Stores*, 30 AD3d 284 [2006] - *Deluna-Cole v Tonali, Inc.*, 303 AD2d 186 [2003] - *O‘Connor-Miele v Barhite & Holzinger*, 234 AD2d 106, 107 [1996] **Pagination:** - First page of Cignarella caption is 560. - Body starts on page 561. **HTML Structure:** 1. ` (where X is the first page number)“. And “Only include page markers where content follows — do not add a trailing marker at the end“. Since the caption is on 560, even if I remove it, it is the start of the case. If I remove the caption and there‘s nothing else, do I still include the 560 marker? The instruction says: “Include ALL content before the main opinion text... Headnotes... Attorney listings... any other prefatory material.” The Cignarella case has no headnotes or attorneys shown. So I‘ll just have the page 561 marker at the start of the body. Wait, the party names and reporter cite are on 560. If I remove them, there is nothing on 560. I‘ll put the 561 marker at the start of the text. Actually, I‘ll convert *People v Garcia* instead. It‘s more straightforward. Metadata for Garcia: shortName: `People v. Garcia` Name: The People of the State of New York, Respondent, v Hector Garcia, Appellant. Citation: 891 NYS2d 62 Court: N.Y. App. Div. Date: 2010 Text for Garcia: Paragraph 1: “Regardless of whether defendant’s waiver of his right to appeal forecloses review of the sufficiency of the evidence that he violated the terms of his plea agreement by failing to complete a drug treatment program, the court properly found that defendant had violated the rules of the program. A counselor at the treatment facility testified that defendant was found in possession of a syringe cap and a glassine envelope containing what appeared to be heroin. This was sufficient for the court to find that defendant had violated the program’s rules and had been properly dismissed from it, despite the fact that the contraband items had been discarded without being tested. We find no reason to disturb the hearing court’s credibility determination regarding the counselor’s testimony.” Paragraph 2: “Defendant’s valid waiver of his right to appeal forecloses review of his excessive sentence argument. As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we perceive no basis for reducing the sentence. Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.” Wait, Garcia has a citation: `People v Callahan, 80 NY2d 273, 285 [1992]`. `80 NY2d 273` is NY Court of Appeals. `N.Y.` is the Bluebook abbreviation. I will convert Garcia. Refining Garcia metadata: - Case Name: The People of the State of New York, Respondent, v Hector Garcia, Appellant. - shortName: People v. Garcia - Citation: 891 NYS2d 62 - Court: N.Y. App. Div. - Date: 2010 Wait, looking at the first page 560. The text at the very top is the end of another case. Skip. Then Garcia caption. Then Garcia body. Then Cignarella caption. Page 561: Cignarella body. Cignarella is more complete because I can show how to handle the page break and rejoin hyphens like “tri-able“. Garcia has no hyphenated breaks in the original text (except at line ends which I must rejoin anyway). I‘ll stick with Cignarella. One minor point: Cignarella‘s caption is on 560, body on 561. Is there any text from Cignarella on 560? No, just the caption. I‘ll include the 560 marker at the start of the caption if I decide not to remove it. But the rule “Remove Case caption blocks” is clear. If I remove the caption, page 560 has nothing for Cignarella. I‘ll include the marker for 560 anyway to show the case started there. Actually, I‘ll include the citation `[890 NYS2d 542]` as prefatory text if it‘s not part of the caption block. But it usually is. I‘ll use Garcia. It‘s fully visible. One final check on Garcia text: “Regardless of whether defendant’s waiver of his right to ap-” “peal forecloses review...” -> rejoin to “appeal” “defen-” “dant had violated...” -> rejoin to “defendant” “posses-” “sion of a syringe cap...” -> rejoin to “possession” “deter-” “mination regarding...” -> rejoin to “determination” Citations in Garcia: *People v Callahan*, 80 NY2d 273, 285 [1992] Pinpoint: 285. Court: N.Y. (Court of Appeals of New York). Let‘s do Garcia. It‘s more representative of a “clean” conversion. Wait, I should check the court name. These are Appellate Division decisions. I‘ll use `N.Y. App. Div.` for Garcia. Actually, looking at the instructions: “If the document contains multiple opinions... convert only the MAIN opinion“. “The MAIN opinion” usually refers to the first complete one. Garcia is the first complete one. ```html

Regardless of whether defendant‘s waiver of his right to appeal forecloses review of the sufficiency of the evidence that he violated the terms of his plea agreement by failing to complete a drug treatment program, the court properly found that defendant had violated the rules of the program. A counselor at the treatment facility testified that defendant was found in possession of a syringe cap and a glassine envelope containing what appeared to be heroin. This was sufficient for the court to find that defendant had violated the program‘s rules and had been properly dismissed from it, despite the fact that the contraband items had been discarded without being tested. We find no reason to disturb the hearing court‘s credibility determination regarding the counselor‘s testimony.

Defendant‘s valid waiver of his right to appeal forecloses review of his excessive sentence argument. As an alternative holding (see People v Callahan, 80 NY2d 273, 285 [1992]), we perceive no basis for reducing the sentence. Concur — Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.

``` Wait, I missed rejoining “ap-peal“, “defen-dant“, “posses-sion“, “deter-mination“. Actually, I just rejoined them in the draft above. One more: `People v Callahan` Is there a docket? No. Is there a date? Not on the page, but I can infer 2010. Wait, looking at page 561. If I only convert Garcia, I ignore all of page 561. Is that correct? “Convert the provided legal document“. If the document is multiple short opinions, usually I convert the most prominent one or the first one. The instructions for Multi-Opinion Documents say “convert only the MAIN opinion... Skip partial content from a previous case“. Garcia is the main one on the first page. Cignarella is the main one on the second. I will pick Cignarella as it is more complex and demonstrates more features (page breaks, more citations, more hyphens). Wait, the prompt says “MAIN opinion — the one with a complete case caption and full opinion body.” Both have this. I‘ll go with Cignarella. Metadata: shortName: `Cignarella v. Anjoe-A.J. Market, Inc.` Name: Adele Cignarella et al., Respondents, v Anjoe-A.J. Market, Inc., Doing Business as MET Foodmarkets, et al., Appellants. Citation: 890 NYS2d 542 Court: N.Y. App. Div. Date: 2010 Content: Page 560: Caption. Page 561: Body. Rejoining hyphens for Cignarella: “Mar- ket” -> Market “Appel- lants” -> Appellants “condi- tion” -> condition “exis- tence” -> existence “entrance- way” -> entranceway “tri- able” -> triable Wait, I need to check paragraph 1: “lay- ing” -> laying? No, in the image it is “laying” on one line. “rotator cuff” -> “rotator\ncuff” -> rejoin. Paragraph 2: “established\nentitlement” “mainte-\nnance” -> maintenance “hazardous\nconditions” “inspected\nor cleaned” Paragraph 3: “es-\ntablished” -> established “recurring\ndangerous” “unad-\ndressed” -> unaddressed “assis-\ntant” -> assistant Wait, looking at the image on page 561: Line 1: “... injuries in July 2005” Line 2: “... at a local supermarket. She alleged” Line 3: “... looped tie wrap,” Line 4: “... which was laying on” Line 5: “... cart security barrier,” Line 6: “... Plaintiff fell to” Line 7: “... rotator” Line 8: “cuff.” Paragraph 2: Line 1: “... debris was clearly” Line 2: “... not established” Line 3: “... law. Even if” Line 4: “... followed on the” Line 5: “... supermarket” Line 6: “... not” Line 7: “... was” Line 8: “... AD3d 284 [2006]; Deluna-Cole v Tonali, Inc., 303 AD2d 186” Line 9: “[2003]).” Paragraph 3: Line 1: “... area” Line 2: “... triable issue” Line 3: “... condi-” Line 4: “tion existed in the area that was routinely left unaddressed by” Line 5: “... testimony” Line 6: “... would” Line 7: “... exis-” Line 8: “tence of a question of fact as to the ongoing condition” of the” Line 9: “entranceway (O’Connor-Miele v Barhite & Holzinger, 234 AD2d” Line 10: “106, 107 [1996]). Concur —Gonzalez, P.J., Mazzarelli, Nardelli,” Line 11: “Acosta and Román, JJ.” Rejoining “condi-tion“, “exis-tence“. “entranceway” is on one line. “entranceway” is line 9 start? No, line 9 is “entranceway...“. Actually, line 8: “... ongoing condition” of the” Line 9: “entranceway ...” So “entranceway” is not hyphenated. Wait, looking at OCR for 561: “condi tion” -> condition “exis tence” -> existence Okay, ready to generate. One detail: `midpage-citation` Citation for Cignarella is `890 NYS2d 542`. Also, the case starts on 560 of the reporter (likely AD3d). I‘ll stick with `890 NYS2d 542` as it is the provided citation. Final check on citation formatting: Porco: `30 AD3d 284` Deluna-Cole: `303 AD2d 186` O‘Connor-Miele: `234 AD2d 106, 107` Bluebook `AD3d` -> `A.D.3d` or `AD3d`? Instruction says “Volume + reporter + starting page (e.g., 262 F.3d 305)“. Usually NY AD cites use `A.D.3d` but the source says `AD3d`. I‘ll use the source‘s reporter abbreviation: `AD3d`. One more thing: the caption for Cignarella in the image. “ADELE CIGNARELLA et al., Respondents, v ANJOE-A.J. MAR- KET, INC., Doing Business as MET FOODMARKETS, et al., Appel- lants. [890 NYS2d 542]” Party Name in metadata: Adele Cignarella et al., Respondents, v Anjoe-A.J. Market, Inc., Doing Business as MET Foodmarkets, et al., Appellants. Short name: `Cignarella v. Anjoe-A.J. Market, Inc.` Actually, the caption uses “ANJOE-A.J. MARKET, INC.” and “MET FOODMARKETS“. I‘ll keep the text for the short name standard. Double check: “Remove Case caption blocks... do not repeat court name, party names, or docket in the body” This means the party names from the bottom of 560 and top of 561 are excluded from the `` but captured in `

`. Wait, the caption on 560 is: “ADELE CIGNARELLA et al., Respondents, v ANJOE-A.J. MAR- KET, INC., Doing Business as MET FOODMARKETS, et al., Appel- lants. [890 NYS2d 542]” Since I remove this block, and there is no other content on 560 for Cignarella, I will skip the 560 marker. Actually, I‘ll include it after `

` as it is the first page number. Then the 561 marker before the text. Final review of Garcia. If I do Garcia, I can‘t show a page break. The instructions emphasize page breaks. I‘ll do Cignarella. Wait, what if I convert the whole “Document“? The document contains several snippets. “convert ONLY the MAIN opinion” - this implies selecting one. I‘ll select Cignarella. Wait, looking at the O‘Connor-Miele cite pinpoint. `234 AD2d 106, 107`. Pinpoint is `107`. Tag: `