Commission on Judicial Nomination Selects 7 Women Candidates for Court of Appeals Vacancy for the First Time in NY History

This post first appeared as a guest post on Twenty Eagle, a blog like mine devoted to covering the New York Court of Appeals. Check it out here! For watchers of the New York Court of Appeals, this is the Super Bowl. This year is the first in almost 30 years that the Court of... Continue Reading →

New York Court of Appeals Associate Judge Paul Feinman Passes Away

Just a little bit ago, Chief Judge Janet DiFiore announced that former Associate Judge Paul Feinman, who had abruptly and unexpectedly retired last week just before the beginning of the March argument session, has passed away. Chief Judge DiFiore released this statement this morning: Governor Cuomo added his condolences, releasing this statement: I am stunned.... Continue Reading →

Associate Judge Paul Feinman Announces Immediate Retirement From the Court of Appeals. What Happens Now?

In an entirely unexpected announcement this afternoon, Tuesday, March 23, 2021, just before the Court of Appeals was about to take the bench for its first in-person arguments of 2021, Associate Judge Paul Feinman announced that he was retiring from the bench effective immediately, citing health reasons. Obviously, our first thoughts are of his well-being... Continue Reading →

Court of Appeals Returns to In-Person Arguments for the March 2021 Session

With COVID cases on the decline in New York (7-day rolling average of 3.2% COVID positive tests), and in particular in the Capital Region (7-day rolling average of 2%), the Court of Appeals announced this week that it would return to in-person arguments for its March argument session that begins on March 23rd. Since the... Continue Reading →

New York Court of Appeals’ Year in Review, COVID-19 Edition

This article first appeared in the December 2020 edition of the NYSBA Journal, which can be found here. A direct link to the article is here. 2020 has been a year unlike any other. With the spread of COVID-19 growing in New York exponentially in March, Chief Judge Janet DiFiore and the entire court system... Continue Reading →

Associate Judge Leslie Stein Announces Her Retirement Effective June 4, 2021

In a very surprising announcement, somewhat buried in the late afternoon on the day before election day 2020, Associate Judge Leslie Stein announced that she would be retiring from the Court of Appeals bench effective June 4, 2021. Judge Stein, who joined the Court on February 9, 2015, wasn't slated to reach New York's mandatory... Continue Reading →

Court System Budget Cuts Force Appellate Division Justices Off the Bench

Even before the coronavirus pandemic hit New York, the state had a huge budget deficit to overcome. With the pandemic decreasing state revenues even further, Governor Andrew Cuomo recently announced a planned $300 million reduction to the New York court system's budget. That's a very large cut, and the courts did not have a choice... Continue Reading →

New York Daily Fantasy Sports Suit: Will New Legislation Moot the Constitutional Challenge to DFS?

After the Third Department declared that DFS violates the New York Constitution's ban on gambling, the thought was that the industry's only savior would be the seven Judges of the New York Court of Appeals. But now there may be another way.Yesterday, Senator Joseph Addabo introduced a new bill that could provide a way around... Continue Reading →

COVID-19 Update: New York Court of Appeals and Third and Fourth Departments are Going Virtual Too!

Following the First and Second Department's forays into virtual Skype arguments, the Court of Appeals announced yesterday that it would be hearing arguments virtually during its June session. Although some attorneys whose appeals had been scheduled for the March or April/May session won't get the chance to argue, because the Court will be taking a... Continue Reading →

COVID-19 Update: Arguments are Back in the First and Second Departments!

Although most New York courts remain limited to hearing designated essential matters, or deciding their already fully submitted motions, the Appellate Division, First and Second Departments are expanding virtual operations for all of their appeals. For appellate lawyers like me, that's very good news. Earlier today (April 15th), the First Department released an update advising... Continue Reading →

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