Welcome to the New York Appeals blog. Ever since I left Court of Appeals Hall on the last day of my clerkship in 2010, I’ve wanted to build a site for lawyers, law students, litigants, and anyone else who may be interested in new and interesting developments of New York law and what’s happening in the New York appellate courts. Whether it’s an appeal as of right on an important question of state constitutional law, a conflict among the Appellate Division departments, or a super nerdy procedural or jurisdictional issue, the New York Court of Appeals and the Appellate Division decide cases every day that affect how the law works. This site will hopefully help to break down those cases and other leaveworthy developments in New York law.
How to Take a Case to the Court of Appeals
I also try to provide some insight into how to take a case to New York’s highest court, and what you need to know to give your case the best chance to succeed.
How to Get to the Court of Appeals: Appellate Division Conflicts and Novel Issues
The Sua Sponte Merits Track: How the Court of Appeals Decides Appeals Without Oral Argument
Latest Post
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Municipalities Lack Capacity to Maintain Facial Constitutional Challenges to State Statutes (NYSBA CasePrepPlus)
Municipalities are political subdivisions of the State. They are created and can be destroyed by the Legislature’s will, and exist to carry out their legislatively delegated authority. The courts, however, cannot intrude in “legislative disputes raised by legislative subordinates,” the Court of Appeals held recently. Thus, the Court explained, municipalities may not maintain facial constitutional…
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