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: October 27, 2022
Citation: 2022 NY Slip Op 06027
Docket Number: 106 SSM 16
Date: October 27, 2022
Citation: 2022 NY Slip Op 06028
Docket Number: 78
Justia Opinion Summary: The Court of Appeals reversed the order of the appellate division and reinstated the original award for workers' compensation benefits in this case to the decedent's minor son, holding that N.Y. Work. Comp. Law (WCL)…
Date: October 27, 2022
Citation: 2022 NY Slip Op 06029
Docket Number: 81
Justia Opinion Summary: The Court of Appeals held that Plaintiffs' original complaint alleging that Defendant breached the parties' written insurance policy and that Plaintiffs had fully complied with the requirements contained in the policy…
Date: October 25, 2022
Citation: 2022 NY Slip Op 05939
Docket Number: 70
Justia Opinion Summary: The Court of Appeals held that the Taylor Law, N.Y. Civ. Serv. 200 et seq., requires a municipality to engage in collective bargaining over the procedures for terminating municipal employees after they have been absent…
Date: October 25, 2022
Citation: 2022 NY Slip Op 05940
Docket Number: 76
Justia Opinion Summary: The Court of Appeals held that the Interstate Compact on the Placement of Children (ICPC) does not apply to out-of-state, noncustodial parents seeking custody of their children who are not in custody of New York social…
Date: October 20, 2022
Citation: 2022 NY Slip Op 05916
Docket Number: 72
Justia Opinion Summary: The Supreme Court reversed the order of the appellate decision affirming the judgment of the trial court convicting Defendant of two counts of robbery in the second degree and assault in the second degree, holding that…
Date: October 20, 2022
Citation: 2022 NY Slip Op 05917
Docket Number: 73
Justia Opinion Summary: The Court of Appeals reversed the order of the appellate division reversing the judgment of Supreme Court concluding that Petitioners did not establish that the recently amended Insurance Regulation 187, 11 N.Y.C.R.R.…
Date: October 20, 2022
Citation: 2022 NY Slip Op 05918
Docket Number: 75
Justia Opinion Summary: The Court of Appeals reversed the order of the appellate division in this case, holding that an indemnification provision in the partnership agreement between Plaintiff and Defendant lacked express language or indicia of…
Date: October 20, 2022
Citation: 2022 NY Slip Op 05919
Docket Number: 77
Justia Opinion Summary: The Court of Appeals affirmed, as modified in accordance with this opinion, the order of the appellate division vacating Defendant's conviction of promoting prostitution in the second degree and otherwise affirming his…
Date: June 16, 2022
Docket Number: 34
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Appellate Division affirming Supreme Court's judgment dismissing HSBC Bank USA, National Association's claim against the sponsor of an underlying transaction seeking to…
Date: June 16, 2022
Docket Number: 54
Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Term insofar as appealed from in this criminal case, holding that the court mistakenly relied on amended language in granting Defendant's motion to dismiss the…
Date: June 16, 2022
Docket Number: 55
Justia Opinion Summary: The Court of Appeals held that a grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the…
