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: June 15, 2023
Citation: 2023 NY Slip Op 03298
Docket Number: 46
Justia Opinion Summary: The Court of Appeals reversed the decision of the appellate division reversing the judgment of Supreme Court denying Petitioner's N.Y. C.P.L.R. 70 habeas corpus petition and dismissing the proceeding, holding that the…
Date: June 15, 2023
Citation: 2023 NY Slip Op 03299
Docket Number: 47
Justia Opinion Summary: The Court of Appeals affirmed the order of the appellate division reversing Supreme Court's conclusion that the application of the Sexual Assault Reform Act (SARA) to Petitioner violated the Ex Post Facto Clause of the…
Date: June 15, 2023
Citation: 2023 NY Slip Op 03300
Docket Number: 49
Justia Opinion Summary: The Court of Appeals reversed the conclusion of the appellate division that the Sex Offender Registration Act (SORA) court acted within its discretion by upwardly departing to level three in determining Defendant's risk…
Date: June 15, 2023
Citation: 2023 NY Slip Op 03301
Docket Number: 50
Justia Opinion Summary: The Court of Appeals affirmed the decision of the appellate court reversing a county court order designating Defendant a level three sex offender and remitting the matter for consideration of whether an upward departure…
Date: June 15, 2023
Citation: 2023 NY Slip Op 03302
Docket Number: 51
Justia Opinion Summary: The Court of Appeals modified the decision of the appellate division in this case challenging the devaluation of certain securities, holding that the relevant language in the governing agreements did not impose an…
Date: June 13, 2023
Citation: 2023 NY Slip Op 03183
Docket Number: 32:
Justia Opinion Summary: In this defamation suit involving a music producer and the singer and songwriter known as "Kesha" the Court of Appeals reversed the order of the appellate division reversing Supreme Court's decision granting Defendant's…
Date: June 13, 2023
Citation: 2023 NY Slip Op 03184
Docket Number: 45
Justia Opinion Summary: The Court of Appeals held that warrantless inspections authorized by New York regulations adopting a rule promulgated by the Federal Motor Carrier Safety Administration (FMCSA) requiring the installation of electronic…
Date: June 13, 2023
Citation: 2023 NY Slip Op 03185
Docket Number: 52
Date: May 23, 2023
Citation: 2023 NY Slip Op 02752
Docket Numbers: 36, 37
Justia Opinion Summary: The Court of Appeals held that the negligence claims brought in this case involving two separate murders on property owned by the New York City Housing Authority (NYCHA) should advance to a jury trial. Bridget Crushshon…
Date: May 23, 2023
Citation: 2023 NY Slip Op 02753
Docket Number: 39
Justia Opinion Summary: The Court of Appeals held that tier three police officers in the New York City Police Pension Fund (PPF) who might otherwise be eligible for retirement credit under certain statutory provisions may not use those…
