Discussion Forum: Declining Caseload Trends In The Court Of Appeals

In 1985, the Legislature amended the statutory jurisdiction of the Court of Appeals so that the majority of appeals could only be taken to it by permission. In recent years, the number of cases in which permission has been granted, and thus the number decided by the Court annually, has significantly declined. 

Please join us on Tuesday, May 2, 2023, when the Committee on Courts of Appellate Jurisdiction will host a searching discussion by distinguished members of the bench and the bar to consider important questions regarding the methods by which permission to appeal may be granted and by whom, the role of concurring and dissenting opinions at the Appellate Division and Court of Appeals, and whether the number of cases currently heard and decided by the Court fulfills its constitutional role of definitively settling the law of New York and adequately serves the public interest. 

This program is free to all members and non-members.

Panelists: 

Former Court of Appeals Judge Robert Smith 

Former Court of Appeals Judge Eugene F. Pigott, Jr.

Former Appellate Division, First Department Judge Rosalyn H. Richter

Albany Law School Professor Patrick Connors

Experienced Appellate Attorney (Civil) Brian Shoot, Esq.

Experienced Appellate Attorney (Criminal) William Kastin, Esq.

Moderators:

Hon. Denise A. Hartman, Acting Justice, Albany County Supreme Court

James E. Pelzer, Esq.

In order to get the most out of this program, it is recommended that attendees read the program materials that will be distributed prior to the meeting. This includes:

• Declining Dispositions of the Court of Appeals, Thomas A. Newman & James Pelzer, 85 Alb. L. Rev. (2022)
• Criminal Leave in the Court of Appeals: A Case of Implicit Bias?, Eugene F. Pigott Jr., 85 Alb. L. Rev. 167 (2022).
• If the System Is Not Working Let’s Fix It: Why Seven Judges Are Better than One for Deciding Criminal Leave Applications at the Court of Appeals, Alan J. Pierce, 73 Alb. L. Rev. 765 (2010).