Judge Shortage Forces State Appeals Court in Manhattan to Reduce Operations
A spokesman said appeals court leadership "must balance the time that the court hears oral arguments with conference and chambers time for the associate justices."
November 18, 2019 at 02:39 PM
2 minute read
The New York state appeals court in Manhattan announced Monday that starting in 2020, it would be reducing the number of weekly oral argument sessions from three to just two.
According to a terse public notice issued by the New York Supreme Court, Appellate Division, First Department, the change would coincide with the start of its January 2020 term and would remain in effect "until further notice." The new practice, a change from the way the First Department typically hears appeals, would apply, "except as otherwise indicated by the court's calendar," the announcement said.
The move follows Presiding Justice Rolando Acosta's decision in March to scale back its panels from five judges to four, amid a significant number of vacancies on the 20-member bench.
Attorneys have complained that Gov. Andrew Cuomo has been slow to address the shortage, forcing the court to adjust to increasing demands on judges' workloads and the time they are able to dedicate to writing decisions.
A spokesman for the state courts said appeals court leadership "must balance the time that the court hears oral arguments with conference and chambers time for the associate justices."
"As the court returns to its full complement of judges, Justice Acosta will modify the oral argument sessions as appropriate," Lucian Chalfen said in an emailed statement.
A spokesman for the governor's office did not immediately respond Monday afternoon to a request for comment.
Cuomo earlier this month named former Supreme Court Justice Lizbeth Gonzalez of Bronx County's civil branch to fill one opening on the court. But the First Department continues to operate with three unfilled vacancies, as well as two other openings created by the planned retirements of Associate Justices Peter Tom and John Sweeney Jr. at the end of the year.
Another judge, Associate Justice Rosalyn Richter, also plans to officially step down from the First Department in summer 2020.
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