If New York Governor Andrew Cuomo Resigns…

What happens to the New York Court of Appeals? With the explosive, though likely not shocking, findings of the New York Attorney General's report on the allegations that Governor Andrew Cuomo sexually harassed multiple women who worked for him, Governor Cuomo faces two choices: (1) resign from office or (2) stay and fight the looming …

Governor Andrew Cuomo Nominates Madeline Singas and Hon. Anthony Cannataro to the Court of Appeals

In a surprising announcement Tuesday, Governor Andrew Cuomo made two picks to fill the open seats on the New York Court of Appeals. It wasn't surprising that the Governor made the two picks together (I called that one when the Commission on Judicial Nomination released the list of candidates to replace the late Judge Paul …

Commission on Judicial Nomination Releases the List to Fill Associate Judge Paul Feinman’s Seat on the Court of Appeals

Only two weeks ago, the Commission on Judicial Nomination released the list of candidates to replace Associate Judge Leslie Stein on the Court of Appeals bench when she retires on June 4, 2021. But the Commission's work wasn't done. They also have to find a replacement for late Associate Judge Paul Feinman, who retired from …

New York Court of Appeals Holds that the Destruction of Timber to Create Snowmobile Trails in the Adirondacks Violates the Forever Wild Clause of the New York Constitution

In a huge win for the New York State Forest Preserve, and those like me who love it, the Court of Appeals this morning held that the State's destruction of thousands of trees to build 12-foot wide community connector snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. …

Supreme Court Will Take Up Second Amendment Challenge to NY’s Gun Laws

For the first time in more than a decade, the Supreme Court will review a Second Amendment challenge to a state's gun laws, and this time New York's law is in the crosshairs. The Court on Monday granted certiorari in New York State Rifle & Pistol Association v. Corlett, in which the Second Circuit affirmed …

Commission on Judicial Nomination Selects 7 Women Candidates for Court of Appeals Vacancy for the First Time in NY History

This post first appeared as a guest post on Twenty Eagle, a blog like mine devoted to covering the New York Court of Appeals. Check it out here! For watchers of the New York Court of Appeals, this is the Super Bowl. This year is the first in almost 30 years that the Court of …

New York Court of Appeals Associate Judge Paul Feinman Passes Away

Just a little bit ago, Chief Judge Janet DiFiore announced that former Associate Judge Paul Feinman, who had abruptly and unexpectedly retired last week just before the beginning of the March argument session, has passed away. Chief Judge DiFiore released this statement this morning: Governor Cuomo added his condolences, releasing this statement: I am stunned. …

Associate Judge Paul Feinman Announces Immediate Retirement From the Court of Appeals. What Happens Now?

In an entirely unexpected announcement this afternoon, Tuesday, March 23, 2021, just before the Court of Appeals was about to take the bench for its first in-person arguments of 2021, Associate Judge Paul Feinman announced that he was retiring from the bench effective immediately, citing health reasons. Obviously, our first thoughts are of his well-being …

Court of Appeals Returns to In-Person Arguments for the March 2021 Session

With COVID cases on the decline in New York (7-day rolling average of 3.2% COVID positive tests), and in particular in the Capital Region (7-day rolling average of 2%), the Court of Appeals announced this week that it would return to in-person arguments for its March argument session that begins on March 23rd. Since the …

The Fourth Department Reinstates Governor Cuomo’s COVID Restaurant Curfew, and Gives a Lesson on How to Vacate an Order Granted Without Notice Under CPLR 5704(a)

In Gallivan v Cuomo, the Fourth Department gave pandemic litigation watchers and appellate lawyers like me a little bit of everything. It was interesting when Supreme Court issued a temporary restraining order against enforcement of Governor Cuomo's executive order requiring restaurants across the State to close at 10 PM to slow the spread of COVID-19. …

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