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 "The Court of Appeals October, November, and December 2017 Session Leave Grants"
Not every appeal that the Court of Appeals decides is rendered after full briefing and oral argument. While most are, there is another way. A quicker and cheaper way (for parties who care about those kinds of things). After an appeal is filed with the Court of Appeals, whether taken as of right or after …
It's not often that you find a case that has the direct right to go to the Court of Appeals. Unlike the Appellate Division to which almost everyone has the right to appeal without permission, the Court of Appeals is a court of extremely limited jurisdiction. Precious few instances exist that give a party the right …
Under New York's unique court structure, the Appellate Division is supposed to be a single statewide intermediate appellate court, broken into four different departments, where most appeals from the decisions of the trial court are finally resolved. But up until now, the four departments have functioned largely independently with rules of practice and customs unique …
The Appellate Division announced that it is expanding its e-filing system to include appeals in more cases. Â As I discussed when the new Appellate Division e-filing system came online in March, it was a limited roll out, with the kinds of cases that are subject to mandatory e-filing limited in each of the Departments. Â Here's …
Continue reading "The Appellate Division Expands E-Filing to New Categories of Appeals"
The Court of Appeals finishes up the 2017-18 argument term with 4 arguments on the last day of the June Session. The cases vary wildly, from a Medicaid recoupment proceeding to a Justice Center finding of negligence against an intermediate care facility (the Court's case summaries can be found here). The Court will hear arguments …
Continue reading "Court of Appeals June Session: Arguments of Interest for June 7, 2018"
It's the second to last day of arguments at the Court of Appeals before the two month summer recess, and the Court has four cases on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a criminal defendant's guilty plea should be thrown …
Continue reading "Court of Appeals June Session: Arguments of Interest for June 6, 2018"
The Court of Appeals returns for its last argument session before the summer break on Tuesday, June 5, 2018. On the first day of the June Session, the Court has three criminal cases on the docket (the Court's case summaries can be found here), involving the following issues: (1) whether the denial of a motion …
Continue reading "Court of Appeals June Session: Arguments of Interest for June 5, 2018"
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 …
Continue reading "Bring Your Lunch to the Court of Appeals: A Conversation with Judge Leslie Stein"
When the Court of Appeals grants or denies a motion for leave to appeal, it generally does so in a one sentence order that says "motion for leave to appeal denied" or "motion for leave to appeal granted." At most, the Court will issue paragraph explanations sometimes when it has to dismiss a motion for leave …
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