Court of Appeals Leave Grants: January Session through June Decision Days

The second half of the Court of Appeals' 2019-2020 term was certainly eventful, with the pandemic looming largest of all. In mid-March, New York shut down in response to COVID-19 and the Court of Appeals shut down with it. Arguments that were scheduled for the spring argument terms were either held virtually, rescheduled, or submitted... 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 →

Court of Appeals Amends Rules to Expand Digital Submissions

Whether it's in response to the COVID-19 court closures, or it was just time to bring the Court more into the digital age, the Court of Appeals announced yesterday that it is amending its rules, effective May 27, 2020, to require parties to file digital copies of all civil motions and opposing papers to those... 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 →

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... Continue Reading →

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... Continue Reading →

New York Daily Fantasy Sports Suit: State’s Appeal as of Right to the Court of Appeals Lets the Games Continue, For Now

After the Appellate Division, Third Department declared virtually the entire 2016 Interactive Fantasy Sports Law that had authorized daily fantasy sports games in the New York unconstitutional, it wasn't long before the State appealed the decision to the Court of Appeals. Doing so imposes an automatic stay of enforcement of the Third Department's order, which... Continue Reading →

New York Daily Fantasy Sports Suit: Appellate Division, Third Department Holds the Entire Interactive Fantasy Sports Law Unconstitutional

Daily fantasy sports may not be long for New York. Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and "any other form of gambling." Now, the Appellate Division, Third Department has added DFS to that list of banned games, affirming a trial court... Continue Reading →

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 →

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