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 …

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 …

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 …

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 …

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 …

Are Women Getting a Better Chance to Argue in State Appellate Courts? A Deeper Look at the Numbers Reveals a Troubling Trend in New York

A little less than three years ago, following the in depth look that Adam Feldman took at how infrequently women were getting the chance to argue at the Supreme Court, I took a look at how they were faring at the New York Court of Appeals. Examining the data from the 2016 arguments before the …

COVID-19: New York Courts Take Unprecedented Action to Limit In-Person Appearances

Unprecedented times call for unprecedented measures. And we're certainly in unprecedented times.  With the spread of COVID-19 growing exponentially each day, Chief Judge Janet DiFiore, Chief Administrative Judge Lawrence Marks, and the entire courts system have decided to take unprecedented action to limit in-court proceedings to only those essential for the administration of justice.  All …

The New York Constitution Can Help Fix the Backlog of Appeals in the Appellate Division, Second Department

Everyone admits that the backlog of pending appeals in the Appellate Division, Second Department is a problem. As Presiding Justice Alan Scheinkman acknowledged in an op-ed in the NY Law Journal last fall, "it can take as long as 18 months for a civil appeal to obtain a place on the court’s day calendar and …

Bring Your Lunch to the Court of Appeals: A Conversation with Judge Leslie Stein

It's not often that you get the chance to have lunch with a sitting judge of your state's high court, much less in a group of just four other people. Lucky for me, that's the kind of quality programming that the Albany County Bar Association provides. Last time, it was lunch with Justice Michael Lynch …

Are Women Getting a Better Chance to Argue in State Appellate Courts? Like in Most of the Law, the Answer is “It Depends”

There has been a wealth of information recently on just how few women are getting opportunities to argue before the Supreme Court. Inspired by the fantastic piece done by Adam Feldman of Empirical SCOTUS (and @AdamSFeldman on Twitter) that looked at the dearth of women getting chances to argue before the nation's highest court during …

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