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 …
Continue reading "Court of Appeals Leave Grants: January 2021 Session to June 2021 Decision Days"
For the first half of the New York Court of Appeals 2020-21 argument term, the Court granted leave to appeal in 11 cases. Unlike most years, however, this time the majority came from the upstate Appellate Division departments: 4 came from the First Department, only 1 from the Second Department, 3 from the Third Department, …
Continue reading "Court of Appeals Leave Grants: September Session Through December Decision Days"
The second half of the Court of Appeals' 2019-2020 term was certainly eventful, with the pandemic looming largest of all. In mid-March, New York shut down in response to COVID-19 and the Court of Appeals shut down with it. Arguments that were scheduled for the spring argument terms were either held virtually, rescheduled, or submitted …
Continue reading "Court of Appeals Leave Grants: January Session through June Decision Days"
Happy New Year! It's now 2020 and the Court of Appeals is back in session. It's time to check in on the cases in which the Court of Appeals has granted leave to appeal from the beginning of the 2019-2020 term. September 2019 Session Daniels v New York City Transit Authority, 171 AD3d 601 (1st Dept …
Continue reading "Court of Appeals Leave Grants for September-December Decision Days 2019"
Ten months after the First Department held that the Supremacy Clause of the United States Constitution does not divest state courts of jurisdiction over a state law case against a sitting President, the First Department has granted President Trump leave to appeal to bring that question of first impression in New York to the Court …
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"
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"
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"
The Court of Appeals docket is also filled with cases that the Appellate Division found interesting enough to grant leave on its own. It's a unique aspect of New York's appellate jurisdiction that allows the intermediate appellate courts to have a say in what cases the Court of Appeals hears. For a more in depth …
Continue reading "The Appellate Division August, September, and October 2017 Leave Grants"
At the end of the term, it's not abnormal to see the Court of Appeals tend to grant more cases to fill up its argument docket for the fall. During the 2016-2017 term, the Court granted 15 of its 27 total leave grants during the April-May and June sessions, including June Decision Days. More than half …
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