Court of Appeals Leave Grants for September-December Decision Days 2019

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 →

Zervos v Trump Heads to the Court of Appeals to Decide Whether the Supremacy Clause Precludes State Courts From Exercising Jurisdiction Over a Sitting President

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... Continue Reading →

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 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 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 August, September, and October 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 Court of Appeals April-May and June 2018 Session and Decision Days 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... Continue Reading →

The Court of Appeals January, February, and March 2018 Session Leave Grants

Next up as we head toward the start of the 2018-19 Court of Appeals term are the cases in which the Court granted leave to appeal from the January, February, and March 2018 sessions. I previously previewed the September session and October, November, and December session leave grants. January Leave Grants Arrowhead Capital Finance, Ltd. v Cheyne... Continue Reading →

The Court of Appeals October, November, and December 2017 Session Leave Grants

With the start of the 2018-19 term right around the corner, it's time to continue my quick look at the cases the Court of Appeals will be hearing during this upcoming term. First were the appeals as of right from the 2017-18 term. Then I previewed the appeals as of right on the SSM track... Continue Reading →

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