APPENDIX 5 (A)

SUMMARY OF DISPOSITIONS BY JURISDICTIONAL PREDICATE

(showing percentage of type of disposition within each category of jurisdictional predicate)

January 1, 1998 through December 31, 1998

ALL APPEALS

Type of Disposition

Jurisdictional Predicate:

Affirmance

Reversal

Modification

Dismissal

Other

Dissents in Appellate Division

38%
(5 of 13)

46%
(6 of 13)

8%
(1 of 13)

8%
(1 of 13)

--

Permission of Court of Appeals or Judge thereof

58%
(63 of 109)

35%
(38 of 109)

6%
(7 of 109)

1%
(1 of 109)

--

Permission of Appellate Division or Justice thereof

49%
(20 of 41)

41%
(17 of 41)

--

10%
(4 of 41)

--

Constitutional Question

70%
(7 of 10)

30%
(3 of 10)

--

--

--

Stipulation for Judgment Absolute

--

100%
(1 of 1)

--

--

--

Other

(e.g. Judiciary Law 44[7], Remand from U.S. Supreme Court)

4%
(1 of 24)

8%
(2 of 24)

4%
(1 of 24)

--

84%*
(20 of 24)

 *Dispositions other than affirmance, reversal, etc., such as question certified by U.S. Court of Appeals (Rule 500.17); State Commission on Judicial Conduct matters.