New York Court of Appeals

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.