New York Court of Appeals Decisions
The highest appellate court in the State of New York is known as the New York Court of Appeals. Founded in 1847, it is located in Albany. The Court holds jurisdiction over any type of appeal but generally may review only legal rather than factual issues. This focus on legal issues is intended to help the Court develop principles of law that will apply across the state, rather than resolving specific disputes. Its jurisdiction does not hinge on the amount of money at stake in a civil case or the types of parties involved. Most appeals must pass through the Appellate Division before reaching the Court of Appeals, but an appeal may go directly from the trial court to the Court of Appeals in a civil case in which the only disputed issue is the constitutionality of a law.
The New York Court of Appeals has featured some of the most famous legal minds in the nation, including eventual U.S. Supreme Court Justice Benjamin Cardozo. It has issued several controversial decisions in recent years, including a 2004 ruling that the state death penalty law was unconstitutional and a 2006 ruling that the state constitution does not require the recognition of same-sex marriage. Each decision by the Court of Appeals is binding on lower courts but only persuasive authority for future cases heard by the Court of Appeals.
A candidate to serve on the New York Court of Appeals must have been admitted to practice law for at least five years. Article Six, Section 20 of the New York Constitution provides this requirement. Seven judges serve on the Court, including a Chief Judge. While New York previously used elections to select judges, the state has shifted to a system in which the Governor of New York appoints a judge from a group of candidates. Each judge serves a 14-year term.
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Recent Decisions From the New York Court of Appeals
Date: May 21, 2024
Citation: 2024 NY Slip Op 02764
Docket Number: 45
Justia Opinion Summary: The case involves the Roman Catholic Diocese of Albany and other entities, who provide medical insurance plans to their employees. They challenged a regulation by the Department of Financial Services, which requires New…
Date: May 21, 2024
Citation: 2024 NY Slip Op 02765
Docket Number: 51
Justia Opinion Summary: In May 2017, police officers stopped a vehicle driven by the defendant, Jason Brown. The officers claimed they stopped the vehicle because they observed the passenger side door open and close quickly while the car was in…
Date: May 21, 2024
Citation: 2024 NY Slip Op 02767
Docket Number: 54
Justia Opinion Summary: The case revolves around a parolee, Eugene L. Lively, who was searched by parole officers during a home visit in February 2021. The officers were looking for a parole absconder they believed might be at Lively's…
Date: May 21, 2024
Citation: 2024 NY Slip Op 02768
Docket Number: 56
Justia Opinion Summary: The defendant, Dwane Estwick, was convicted of first-degree and second-degree robbery following a jury trial and was sentenced to 12 years in prison, followed by five years of post-release supervision. The defendant…
Date: May 16, 2024
Citation: 2024 NY Slip Op 02723
Docket Number: 46
Justia Opinion Summary: The case revolves around an incident that occurred on June 30, 2017, when Henry Bello, a former employee of Bronx-Lebanon Hospital (BLH), entered the hospital armed with a rifle and opened fire, killing one doctor and…
Date: May 16, 2024
Citation: 2024 NY Slip Op 02725
Docket Number: 50
Justia Opinion Summary: The defendant, Samual Nektalov, was a passenger in a vehicle that was stopped by NYPD Detective Gregory Fortunato due to "excessively tinted windows." Upon approaching the vehicle, the detective observed marijuana in…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02222
Docket Number: 24
Justia Opinion Summary: The case involves Harvey Weinstein, a well-known figure in the entertainment industry, who was convicted by a jury for various sexual crimes against three complainants. Weinstein appealed, arguing that he was judged…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02223
Docket Number: 30
Justia Opinion Summary: A real estate developer, Audthan LLC, and property owner, Nick & Duke, LLC (N & D), entered into a 40-year lease agreement in 2013 to replace a Single Room Occupancy (SRO) hotel with a mixed-use residential and…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02224
Docket Number: 32
Justia Opinion Summary: The case involves a group of convicted sex offenders who were confined in the Fishkill Residential Treatment Facility (RTF) while on post-release supervision (PRS). The Department of Corrections and Community Supervision…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02225
Docket Number: 33
Justia Opinion Summary: The defendant, Melvin Baez, was convicted of possessing a quantity of cocaine after a nonjury trial. The conviction was based on evidence obtained during a traffic stop when NYPD officers observed Baez using his cell…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02226
Docket Number: 37
Justia Opinion Summary: The plaintiff, an adjunct professor at New York University (NYU), experienced offensive and demeaning conduct from her colleagues, including unsolicited offensive mail and online impersonation. She reported these…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02227
Docket Number: 39
Justia Opinion Summary: The case revolves around a defendant, Cid Franklin, who was arrested following a road rage incident that involved a firearm. The police searched the basement of Franklin's home, which he shared with his son and…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02125
Docket Number: 23
Justia Opinion Summary: The case revolves around the issue of when a non-eyewitness can testify to a jury that the defendant is the person depicted in a photo or video. The incident in question occurred on June 10, 2015, when a man was captured…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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