April 27, 2017
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state’s court system, and thus is also known as the Chief Judge of the State of New York. The 1842 Neoclassical courthouse is located in New York’s capital, Albany.
In most U.S. states and the Federal court system the court of last resort is known as the “Supreme Court.” New York, however, calls its trial and intermediate appellate courts the “Supreme Court,” and their court of last resort the Court of Appeals. This sometimes leads to confusion.
Further adding to misunderstanding is New York’s terminology for jurists on its top two courts. Those who sit on its Supreme courts are referred to as “Justices” – the title reserved in most states and the Federal court system for members of the highest court – whereas the members of New York’s highest court, the Court of Appeals, are titled “Judges”.
The New York Court of Appeals was created by the New York State Constitution of 1846 to replace both the Court for the Correction of Errors and the Court of Chancery, and had eight members. Four judges were elected by general ballot at the State elections, the other four were chosen annually from among the Supreme Court justices.
In 1869, the proposed new State Constitution was rejected by the voters, only the “Judicial Article” which re-organized the New York Court of Appeals was adopted by a small majority. The New York Court of Appeals was wholly re-organised, taking effect on July 4, 1870. All sitting judges were legislated out of office, and seven new judges were elected by general ballot at a special election. The judges were elected to a 14-year term which most judges did not complete, since the Constitution mandated the retirement of the judges at the end of the calendar year in which they reached the age of 70. In case of a vacancy due to death or resignation, a judge was appointed by the Governor until a successor was chosen at the next State election. To replace retiring or appointed judges, all substitutes were elected to full 14-year terms.
A constitutional amendment adopted in November 1899 permitted the Governor, at the request of a majority of the judges of the Court of Appeals, to designate up to four justices of the Supreme Court to serve as associate judges of the Court of Appeals until the Court’s calendar was reduced below two hundred cases. This goal was reached only in 1921, and henceforth no more Supreme Court justices were designated under the amendment of 1899 to serve on the Court of Appeals.
World Justice News shows the New York Court of Appeals sessions free. For the link to view an appeal session please click here to see our daily schedule.
The following cases are scheduled to be heard in 2017:
January 3
People v Gregory Vining
Marin v Constitution Realty/Menkes v Golomb
People v Shawn J. Sivertson
January 5
Artibee v Home Place Corporation
People v Rafael Then
Matter of Corrigan v New York State Office of Children and Family Services
January 10
People v Zachary T. Guerin
Tara N.P. v Western Suffolk Board of Cooperative Educational Services
Oddo v Queens Village Committee for Mental Health for Jamaica Community Adolescent Program
January 11
People v Hao Lin
Lend Lease (US) Construction Lmb Inc. v Zurich American Insurance Company
People v Fernando Maldonado
January 12
People v William Flanagan
People v Michael Pena
People v Kevin Fisher
February 7
Matter of 381 Search Warrants Directed to Facebook, Inc. (New York County District Attorney’s Office)
People v Matthew Slocum
People v Norman Whitehead, Jr., Also known as Norm
February 8
People v Richard Leonard (Two Appeals)
Matter of East Ramapo Central School District v King
People v Thomas Jackson
February 14
O’Brien v The Port Authority of New York and New Jersey
People v Leonard Williams
People v Trevor Anderson
February 15
People v William Cook (Two Appeals)
People v Yusuf Sparks
People v Carlos Valentin
March 21
Connaughton v Chipotle Mexican Grill
Kimmel v State of New York (Reargument)
Matter of Loehr v Administrative Board of the Courts of New York State
March 22
People v Shawn J. Sivertson (Reargument)
People v John Stone
Nomura Home Equity Loan, Inc. v Nomura Credit and Capital, Inc.
March 23
Matter of Acevedo v New York State Department of Motor Vehicles
Matter of Carney v New York State Department of Motor Vehicles
Matter of Matsen v New York State Department of Motor Vehicles
People v Omar A. Smalling
Coffed v McCarthy
March 28
People v Jose Valentin
Griffin v Sirva, Inc.
Carlson v AIG
March 29
People v Everett B. Mcmillan
People v Stanley Hardee
People v Andrew R. Bushey
April 25
April 26
April 27
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