First Department to Scale Back Oral Argument Calendar Amid Judge Shortage
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."
November 18, 2019 at 02:39 PM
3 minute read
The New York Supreme Court, Appellate Division, First Department announced Monday that, from the beginning of 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 Manhattan-based frontline appeals court, 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.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSo Who Won? Congestion Pricing Ruling Leaves Both Sides Claiming Victory, Attorneys Seeking Clarification
4 minute readHochul Vetoes 'Grieving Families' Bill, Faulting a Lack of Changes to Suit Her Concerns
Court System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readLaw Firms Mentioned
Trending Stories
- 1How Law Schools Fared on California's July 2024 Bar Exam
- 2'Discordant Dots': Why Phila. Zantac Judge Rejected Bid for His Recusal
- 3Here's What Corporate Litigators Expect Del. Courts to Address in 2025
- 4U.S. Supreme Court Has No Jurisdiction Over Trump's New York Criminal Case: Prosecutors
- 5The Law Firm Disrupted: With KPMG's Proposed Entry, Arizona's Liberalized Legal Market is Getting Interesting
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250