The Court set its January Session arguments: 1/09Matter of Clifton Park Apartments, LLC v. New York State Division of Human RightsTax Equity Now v. City of New YorkMatter of Brookdale…
Phil
email phil@twentyeagle.com
Caitlin Halligan confirmed as Associate Judge (2023.04.20).
Yesterday, the New York Senate confirmed Caitlin Halligan as the Court of Appeals’ next Associate Judge by a vote of 48–12. With Judge Halligan’s confirmation, the Court is back at…
Coverage Roundup of the Fallout from Judge LaSalle’s Senate Judiciary Vote.
Most folks know by now that the N.Y. Senate Judiciary Committee refused to report out Justice Hector LaSalle’s nomination for full Senate consideration. And there’s been some talk of Governor…
Coverage Roundup of Judge LaSalle’s Nomination to be NYCA Chief Judge.
If you didn’t see, yesterday Governor Hochul nominated Judge Hector LaSalle to be the next Chief Judge of the New York Court of Appeals, filling the seat that Chief Judge…
Experts Roundup – The Chief Judge Vacancy
On November 23, 2022, the New York Commission on Judicial Nomination transmitted to the Governor its list of seven nominees for the seat on the Court of Appeals left vacant…
A Law Professor or a Civil Rights Attorney Could Be Just What We Need for Chief Judge
By Matthew Bova. Although it is hardly conclusive evidence of a judicial nominee’s approach to the law, prior professional experience can shed important light on the issues our next Chief…
Make the Court of Appeals the Court New York Deserves.
By Alice Fontier and Sasha Kliger For a long time, New York has not taken the appointment of Court of Appeals Judges seriously enough. Lawyers, advocates, journalists, politicians, and even…
Choosing A New Chief To Chart A New Course.
By Noah Rosenblum. I want to start by thanking Twenty Eagle for organizing this important symposium. State courts do not attract nearly the amount of attention and commentary that they…
DFS validly promulgated regulation governing marketing of annuity and life insurance products (M/O Ind. Ins. Agents & Brokers v. DFS).
This administrative law case involved a challenge to a regulation promulgated by the Department of Financial Services (“DFS”). The Court (Singas, J.) unanimously sustained the regulation as valid. The regulation…
The November Session calendar is set.
The Court today set its November Session arguments: 11/15State of New York v. Vayu People ex rel. Molinaro v. Warden Town of Southampton v. DEC 11/16 Matter of City of…
The October Session calendar is set.
The Court today set its October Session arguments: 10/18 Delgado v. State of New York Federal National Mortgage v. Jeanty Everhome Mortgage v. Aber 10/19 Worthy Lending v. New Style…
Judge Rivera willing to get vaccinated.
The New York Law Journal reports that Judge Rivera is now willing to get vaccinated against the coronavirus. Of course, Judge Rivera had long been the lone hold-out on the…
The September Session calendar is set.
The Court yesterday set its September Session arguments: 9/7 People v. Murray Brookdale Physicians v. Department of Finance Matter of City of Long Beach v. PERB 9/8 Independent Ins. Agents…
Experts Roundup – New Commentary About the Redistricting Case
In Matter of Harkenrider v. Hochul, a divided Court invalidated the new congressional and state senate maps, drawn to account for the 2020 Census, after holding that (i) the process…
A Win for Fair Voting Maps in New York.
By Michael Li. In a major victory for fair maps, the New York Court of Appeals struck down the state’s congressional and state senate district maps and ordered them redrawn by a…
Constitutional Failure.
By Richard Briffault. In 2014, the people of New York voted to amend the state constitution to change radically both the process for and substantive rules governing the drawing of…
Where Do We Go From Here?
By Jeffrey M. Wice. Last week’s decision by the state Court of Appeals invalidating New York’s redistricting maps makes a striking break from the court’s own precedents and sets the…
Experts react to the argument in the redistricting case, Matter of Harkenrider v. Hochul.
On March 31, 2022, Supreme Court, Steuben County (Patrick F. McCallister, J.), held that the process utilized by the Legislature to draw election district maps for the 2022 elections, and…
Redistricting appeal set for argument.
The Court set the redistricting appeal–Matter of Harkenrider v. Hochul–for argument on April 26, 2022 at 11:10 a.m. The full set of documents can be accessed at our case page.
The May Session calendar is set.
We’re a little late posting about the May Session, which was posted by the Court a little over a week ago. It’s below, for those who missed it. It’s the…
The April Session calendar is set.
The Court has set its April Session arguments: 4/19 (2:00 p.m.) ACE Securities v. DB Structured ProductsMatter of Policarpio v. Rally RestorationPeople v. Cesar Garcia (reargument) 4/20 (2:00 p.m.)Columbia Memorial…
No private right of action for illegal kickbacks (Konkur v. Turkish Cultural Center).
The question in this case is whether state law creates a private right of action to enforce Labor Law § 198-b, which prohibits wage kickbacks. In a 4-2 decision, the…
Town authority to regulate firearms does not permit regulation of bows and arrows (Hunters for Deer v. Town of Smithtown).
The question in this case was whether the Town of Smithtown could by ordinance lawfully regulate in certain respects the discharge of a bow and arrow. In a unanimous memorandum…
TwentyEagle midterm statistics (January 24, 2022).
Just a reminder that the Court publishes statistics by the calendar year. We’ve compiled our own stats as a supplement to the Court’s numbers. Here they are for the first…
The March Session calendar is set.
The Court today set its March Session arguments: 3/15Nemeth v. Brenntag North AmericaPeople v. EasleyPeople v. Wakefield 3/16Healy v. EST DowntownCutaia v. Bd of Managers of 160/170 Varick StreetBonczar v….
Senate Confirms Justice (now Judge) Troutman to the New York Court of Appeals (Jan. 12, 2022).
On January 12, 2022, the Senate confirmed the nomination of Justice Shirley Troutman to be a judge on the New York Court of Appeals. Justice Troutman was sworn in at…
New case grants (Jan. 11, 2022).
The Court added two new cases in its January 11, 2022 orders list: Secky v. New Paltz Central School District is about whether the doctrine of assumption of risk was…
Interview with Judge Eugene M. Fahey
This week marked the Court’s first sitting after the retirement of Judge Eugene Fahey. We were fortunate enough to speak with Judge Fahey during the leadup to his retirement. We…
Nuptial agreement must be acknowledged roughly when the document is executed, but a defective acknowledgement can be cured by extrinsic evidence (Anderson & Koegel).
This decision resolved two appeals involving questions about the formalities that must be followed when executing a nuptial agreement. In the first appeal, Anderson v. Anderson, the question was whether…
No tort claim for unauthorized use of CPLR article 52 judgment enforcement devices (Plymouth Venture Partners v. GTR Source).
The question in this appeal, certified from the U.S. Court of Appeals for the Second Circuit, was whether New York law recognized a tort claim for damages from the allegedly…
No private right of action to enforce per-page cost limits for medical record copies (Ortiz v. Ciox Health)
As we explained in our case summary, the question in this case was whether a private right of action existed to enforce Public Health Law § 18(2)(e), which required medical…
The January Session calendar is set.
The Court set its January Session arguments: 01/04/2022 Hunters for Deer v Town of Smithtown People v Easley People v Wakefield 01/05/2022 Matter of Callen v NYC Loft Board Matter…
The Commission on Judicial Nomination’s List of Candidates to Replace Judge Eugene Fahey on the New York Court of Appeals is Exciting!
By Robert Rosborough. With December 31st fast approaching, and Associate Judge Eugene Fahey’s time on the Court of Appeals waning now that he turned 70 years old last month, the…
Registration to do business in New York does not constitute consent to general jurisdiction there (Aybar v. Aybar).
As we explained in our case summary, the question in this case was whether a foreign corporation that registers to do business in the State of New York and appoints…
The November Session calendar is set (September 17, 2021).
The Court today set its November Session arguments: 11/16Plymouth Venture Partners v. GTR SourceMatter of HallockMatter of Malerba 11/17People v. WilkinsPeople v. LambEstate of Kainer v. UBS AG 11/18People v….
Orders and New Case Grants.
The Court issued orders and motion decisions today, granting leave in two new cases: In Matter of the Claim of Green v. Dutchess County BOCES, the Court will consider whether…
The October Session calendar is set (August 10, 2021).
The Court today set its October Session arguments: 10/05People v. PowellPeople v. WilliamsWhite v. Cuomo 10/06J.P. Morgan v. Vigilant Ins. Co.People v. BuyundOrtiz v. Ciox Health 10/07People v. WorthamMatter of…
TwentyEagle’s 2020–2021 New York Court of Appeals Statistics
The Court of Appeals issued its last decisions of the 2020–2021 Term on Thursday last week, so it’s time to run the numbers. Before we do, don’t forget that the…
Interview with Judge Leslie Stein
Today marks Judge Leslie Stein’s last day on the Court of Appeals. We were fortunate enough to speak with Judge Stein during the leadup to her retirement. We covered an…
Small claims judgments have claim-preclusive, but not issue-preclusive, effect (Simmons v. Trans Express Inc.).
As we explained in our case summary, the question in this case was whether a small claims court judgment had a claim- or issue-preclusive effect on a later case in…