The Court of Appeals recently addressed two FOIL cases involving the 2020 amendments to Civil Rights Law § 50-a, which repealed the prior statutory exclusion from disclosure for police personnel records, including disciplinary records. In one case, the Court held that police disciplinary records created before the protections were repealed were not exempt from disclosure under …
Daily Fantasy Sports are Constitutional in New York!
After 5 years of litigation, and countless sleepless nights in DraftKings and FanDuel offices (I assume), the New York Court of Appeals today held that daily fantasy sports is constitutional. And, as I thought might have been the case, the deciding vote for DFS's constitutionality was cast not by a Judge of the Court of …
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Could the Court of Appeals Overrule its Jurisdictional Barrier to Review of Unpreserved Questions of Law Reached and Decided by the Appellate Division?
Wednesday at the Court of Appeals' oral arguments, a fascinating, albeit super nerdy, procedural issue came up in Moore Charitable Foundation v PJT Partners. At the end of the appellant's argument time, Judge Garcia asked a simple, unassuming question that likely would have been missed by most everyone watching. He asked the appellant, "Don't you …
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