The Commission on Judicial Nomination’s List of Candidates to Replace Judge Eugene Fahey on the New York Court of Appeals is Exciting!

With December 31st fast approaching, and Associate Judge Eugene Fahey's time on the Court of Appeals waning now that he turned 70 years old last month, the Commission on Judicial Nomination released its list of seven candidates to potentially take Judge Fahey's seat next year. With Judge Fahey being the last Judge on the Court …

New York Daily Fantasy Sports Suit: Despite Outspoken Opposition at the Court of Appeals Oral Argument, DFS Isn’t Dead Yet

The fate of daily fantasy sports in New York hangs in the balance after the New York Court of Appeals heard arguments in White v Cuomo, the case challenging that the Interactive Fantasy Sports law that authorized DFS in New York for the first time runs afoul of the New York Constitution's ban on gambling. …

In a Rare Occurrence, the Court of Appeals Declines to Review a Certified Question from the Second Circuit

Chalk this up to something you don't see every day. The Court of Appeals yesterday declined to accept a certified question from the Second Circuit in Andy Pabel Ferreiras Veloz v. Merrick B. Garland. In this immigration appeal from a final order of removal, the Second Circuit asked the Court of Appeals to review whether …

Court of Appeals Leave Grants: January 2021 Session to June 2021 Decision Days

The Court of Appeals is back in session for the start to the 2021-22 argument term. With two new Judges on the bench, it's time to take a quick look at the cases in which the Court has granted leave to appeal, and will be hearing at the upcoming argument sessions. From the January 2021 …

Darrelle Revis Asks the New York Court of Appeals to Hold that the Arbitration Clause of the NFLPA’s Standard Representation Agreement Does Not Apply to Agreements for Separate Legal Services

Going head to head with Darelle Revis in his prime as the NFL's premier shutdown cornerback was never a quarterback's idea of a fun Sunday afternoon. And for years, Revis's agents and attorneys, Neil Schwartz, Jonathan Feinsod, and Schwartz & Feinsod, LLC, profited handsomely from negotiating his NFL contracts and endorsement deals off the field. …

If New York Governor Andrew Cuomo Resigns…

What happens to the New York Court of Appeals? With the explosive, though likely not shocking, findings of the New York Attorney General's report on the allegations that Governor Andrew Cuomo sexually harassed multiple women who worked for him, Governor Cuomo faces two choices: (1) resign from office or (2) stay and fight the looming …

Governor Andrew Cuomo Nominates Madeline Singas and Hon. Anthony Cannataro to the Court of Appeals

In a surprising announcement Tuesday, Governor Andrew Cuomo made two picks to fill the open seats on the New York Court of Appeals. It wasn't surprising that the Governor made the two picks together (I called that one when the Commission on Judicial Nomination released the list of candidates to replace the late Judge Paul …

Commission on Judicial Nomination Releases the List to Fill Associate Judge Paul Feinman’s Seat on the Court of Appeals

Only two weeks ago, the Commission on Judicial Nomination released the list of candidates to replace Associate Judge Leslie Stein on the Court of Appeals bench when she retires on June 4, 2021. But the Commission's work wasn't done. They also have to find a replacement for late Associate Judge Paul Feinman, who retired from …

New York Court of Appeals Holds that the Destruction of Timber to Create Snowmobile Trails in the Adirondacks Violates the Forever Wild Clause of the New York Constitution

In a huge win for the New York State Forest Preserve, and those like me who love it, the Court of Appeals this morning held that the State's destruction of thousands of trees to build 12-foot wide community connector snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. …

Supreme Court Will Take Up Second Amendment Challenge to NY’s Gun Laws

For the first time in more than a decade, the Supreme Court will review a Second Amendment challenge to a state's gun laws, and this time New York's law is in the crosshairs. The Court on Monday granted certiorari in New York State Rifle & Pistol Association v. Corlett, in which the Second Circuit affirmed …