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§ 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
September in such year, he will receive sealed proposals for such
contract. Such notice shall be given by publication thereof once in each
of the first weeks of June, July and August, respectively, in a
newspaper to be designated by the state reporter, published in each of
the following cities, namely: New York, Albany, Rochester and Buffalo;
such newspapers to be so designated as shall be most likely to give
notice to the public of such letting; the expense of such publication to
be paid by the state treasurer from the general funds of the state,
after the same shall have been approved in writing by the state reporter
and audited according to 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
sixteenth of October, nor later than the first of November, 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.

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