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| The Court of Appeals, New York State's highest court, is composed of a Chief Judge and six Associate Judges, each appointed to a 14-year term. New York's highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits. The Court thus generally focuses on broad issues of law as distinguished from individual factual disputes. There is no jurisdictional limitation based upon the amount of money at stake in a case or the status or rank of the parties. |
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| Excellence Initiative |
| On February 8, 2016, Chief Judge DiFiore announced the Excellence Initiative, a detailed and comprehensive evaluation of current processes and procedures to determine what is working well and what needs to be improved in the New York State Unified Court System. For more information on this initiative, including how comments may be submitted to the Chief Judge, please see Excellence Initiative. |
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| Oral Argument in Rochester |
| The Court will be hearing argument away from Court of Appeals Hall for a day of its upcoming October 2016 Session. On Friday, October 14, 2016, the Court will hear argument in the Samuel L. Green Courtroom at the Appellate Division, Fourth Department, 50 East Avenue, Rochester, NY 14604. Oral argument will begin at 10:00 a.m. The day calendar and case summaries for the Rochester session are available here. |
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| Notice to the Bar - Amicus Curiae Participation |
A Judge of the Court granted defendant leave to appeal in People v Otis Boone. The appeal is proceeding in the normal course of full briefing and oral argument.
Following a jury trial, defendant was convicted of two counts of robbery in the first degree. The two complainants, both of whom are white, described their assailant as African-American, and picked defendant out of a line-up and identified him at trial as the person who had robbed them of their cell phones during two separate incidents. Supreme Court denied defense counsel's request for a jury instruction regarding the unreliability of cross-racial identifications because defendant presented no evidence on the issue and did not raise it on cross examination. The Appellate Division affirmed (129 AD3d 1099 [2nd Dept 2015]). Defendant argues that the trial court's refusal to give a cross-racial identification instruction deprived him of a fair trial where the evidence connecting him to each robbery rested on a single-witness identification.
The Court invites amicus curiae participation from those qualified and interested.
Amicus motions must comply with section 500.23 of the Rules ofthe Court of Appeals.
Questions may be directed by telephone to the Clerk's Office at (518) 455-7705. |
| Full Notice to the Bar |
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| Notice to the Bar - Word and Page Limits |
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After considering all public comment received, the Court of Appeals has
amended its Rules of Practice, effective June 22, 2016. Principal briefs filed on
normal course appeals, certified questions and review of the determinations of the State Commission on Judicial Conduct will be subject to a 14,000 word limit.
Requests to exceed the limit may be made by letter. Rule 500.11 submissions (the Alternative Procedure for Selected Appeals), reply briefs, amicus curiae briefs and briefs in response to amicus curiae briefs will be subject to a 7,000 word limit. The amended Rules provide corresponding page limits for briefs that are handwritten or prepared on a typewriter. The new word and page limits will apply to all appeals for which the preliminary appeal statement is filed on or after the June 22 effective date.
In addition to the adoption of the word and page limits, section 500.20(d) was amended to clarify that only one request for reargument or reconsideration per party of a specific criminal leave application is permitted.
Questions may be directed to the Clerk's Office at (518) 455-7701 or (518) 455-7702. |
| Full Notice to the Bar |
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| Law Day 2016 |
On Monday, May 2, 2016, the Court of Appeals celebrated Law Day. The event included a tribute to former Chief Judge Judith S. Kaye, who passed away in January of this year. Speakers included Chief Judge Janet DiFiore, Attorney General Eric T. Schneiderman, Lt. Governor Kathy Hochul and New York State Bar President David P. Miranda. The event was webcast and is available for viewing here. |
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PENDING MATTERS
