The report (March 6) that the short-handed Appellate Division, First Department, must begin using four-judge panels notes the possibility that this can result in tie votes. There is another concern as well.

Pursuant to CPLR § 5601(a) when two Justices dissent on a question of the law in a civil case the losing side has the right to appeal to the Court of Appeals–there is no need to make an application for leave to appeal.

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