Welcome to new iteration of NYSBA’s CasePrepPlus newsletter, an exclusive and valuable benefit of NYSBA membership! I’m honored to be the editor of this great service that tries to help you stay up to date with what’s happening in New York’s appellate courts.
My goal as the editor of CasePrepPlus is not only to help you learn about the significant decisions of the Court of Appeals and Appellate Division that could impact your practice, like I have used the service for many, many years, but also to make this endeavor interactive. Do you have a decision that could impact a wide area of law or a quirky procedural issue that could be a trap for the unwary (and we all know the CPLR has many)? Have you noticed an issue on which the Appellate Division departments have split or a novel case that could be headed to the Court of Appeals? Do you have an idea for how we can make this weekly newsletter serve you better? Shoot me an email (rrosborough@woh.com) or find me on social media (@NYSAppeals, pretty much everywhere).
Each week on Fridays, NYSBA emails out the CasePrepPlus newsletter to all of its members, and I will also be posting them here.
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Motorist Must Seek to Enforce Subpoenas to Arresting Officers Before the DMV Must Exclude Their Hearsay Reports or Dismiss License Revocation Proceedings (NYSBA CasePrepPlus)
When a motorist is facing a DWI license revocation hearing, and subpoenas the arresting officers to the hearing, but they fail to appear, the motorist must still seek to enforce the subpoenas in Supreme Court under CPLR 2308(b) before the DMV must exclude the officers’ hearsay reports or dismiss the revocation proceedings under due process. …
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Court of Appeals Holds That The Foreclosure Abuse Prevention Act Applies Retroactively and Does Not Violate Due Process (NYSBA CasePrepPlus)
Does the Foreclosure Abuse Prevention Act apply retroactively to foreclosure actions that were commenced before its effective date to bar lenders from questioning a prior acceleration of the mortgage loan? And if so, does that violate the lenders’ procedural or substantive due process rights under the New York Constitution? The Court of Appeals recently took…
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Court of Appeals Explains That The US Supreme Court’s Invalidation of New York’s “Proper Cause” Requirement in the Gun Licensing Regime Does Not Render The Entire Scheme Unconstitutional (NYSBA CasePrepPlus)
Does the United States Supreme Court’s invalidation of New York’s “proper cause” requirement for obtaining a firearm license in New York State Rifle & Pistol Assn., Inc. v Bruen render the entire firearm licensing regime unconstitutional? The Court of Appeals tackled that question recently in a criminal defandant’s challenge to his guilty plea to unlicensed possession…
New York Appeals 