If you thought the fallout from the residential mortgage foreclosure had run its course by now, you'd be wrong. For in the New York courts (and many others, I'm sure), litigation over bad mortgages lives on, and once again finds its way to the New York Court of Appeals. This time, the Court is asked …
Court of Appeals January Session Arguments of Interest: Arrowhead Capital Finance, Ltd. v Cheyne Specialty Finance Fund L.P.
The Court of Appeals begins the new year with one week of oral arguments that features a critical issue effecting multi-state practice of law in New York. On January 9, 2019, the second day of oral arguments, the Court will determine whether the failure of a plaintiff’s nonresident attorney to maintain an in-state office at …
Appellate Division E-Filing Update: Fourth Department Rings in New Year With Voluntary E-Filing
E-filing appeals in the Appellate Division has expanded again. This time to ring in the new year, the Fourth Department announced that it would expand its e-filing program to all civil appeals on a voluntary basis. Before, the Fourth Department had limited e-filed appeals to Commercial Division matters, Surrogate's Court matters, and all matters that were …
The Appellate Division April, May, and June 2018 Leave Grants
The Appellate Division rounded out the 2017-18 term with only two more leave grants. That makes only 13 Appellate Division leave grants for the entire 2017-18 term, which is well off the mark of 38 grants during the 2016-17 term. So what explains the change? Could it be that Chief Judge DiFiore quietly told the Appellate …
Continue reading "The Appellate Division April, May, and June 2018 Leave Grants"
NY DFS Suit Update: State Appeals Order Declaring Daily Fantasy Sports Unconstitutional, Plaintiffs Seek Reargument
After Judge Gerald Connolly of Supreme Court, Albany County (the trial level in New York) recently declared that New York's Interactive Fantasy Sports Law violated the New York Constitution's outright ban on gambling, the case was bound to head on appeal. To me, the only question was to which court. Would the State appeal to …
Appellate Division E-Filing Update: Second Department Expands Mandatorily E-Filed Appeals as of December 3, 2018
The New York Appellate Division e-filing program has gone so well that the Second Department is expanding it again. After a limited start in March that only included appeals originating from Westchester County, and then Suffolk in July, the Court has decided to include all appeals from orders in the Ninth Judicial District beginning on …
The Appellate Division January, February, and March 2018 Leave Grants
The Appellate Division only granted two more cases from the first three months of 2018, both of which came from the Second Department. With the two new leave grants from the Second Department, it jumped into the departmental lead with 5 leave grants to 4 from the First Department and 2 from the Fourth Department. …
Continue reading "The Appellate Division January, February, and March 2018 Leave Grants"
NY DFS Suit: NY Judge Holds Daily Fantasy Sports Law Violates NY’s Constitutional Ban on Gambling, and the State Could Appeal Directly to the Court of Appeals Right Now
Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and now, according to a New York trial judge, daily fantasy sports as well. As you may recall, in 2015, the New York Attorney General made it a point to enforce the constitutional ban on gambling …
The Appellate Division November and December 2017 Leave Grants
After 6 Appellate Division leave grants from the first few months of the 2017-18 term, November and December only saw the Appellate Division finding three new cases to send to the Court of Appeals, two from the First Department and one from the Second Department. That brings the total Appellate Division leave grants to 9, …
Continue reading "The Appellate Division November and December 2017 Leave Grants"
Court of Appeals Holds Hearsay Statements from Sexual Assault Victim May be Considered to Support College Disciplinary Decision
When a sexual assault occurs on a SUNY campus, the victim shouldn't have to suffer through the assault twice. The victim has the right to decide not to participate in any disciplinary hearings held by the SUNY disciplinary board, and to instead submit a written or other hearsay statement telling his or her side of …
New York Appeals 