Articles Tagged with new york court of appeals

The New York Constitution and Statutes governing which New York State courts have authority (i.e., jurisdiction) to grant permission to appeal to the Court of Appeals can be confusing and in many cases seemingly illogical.gavel-3-1409593-m

Like the United States Supreme Court, the New York Court of Appeals is generally a certiorari type court in that, with few exceptions — such as for appeals from Appellate Division decisions finally deciding the action and in which there were either two dissents or a constitutional question; New York Constitution, Article VI, §3(b)(7) and CPLR §5601(a) & (b) — the great majority of decisions can only be appealed to the Court of Appeals when permission (often referred to as “leave”) is granted. However, unlike the United States Supreme Court, which generally has the exclusive say over which cases will be granted certiorari, the authority to grant permission to appeal to the Court of Appeals is divided between that Court and the Appellate Division.

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