Questions are being raised after New York’s top judge sided with a nonprofit client represented by prominent Albany lawyer Henry Greenberg in a split 4-3 decision last December.

That vote is now causing a stir because Greenberg was representing Chief Judge Janet DiFiore–in her official capacity–in two separate lawsuits at the time the state’s highest court issued the decision.

DiFiore was not being represented by Greenberg in her personal capacity.

Last December, judges on the Court of Appeals handed down a split decision in a case tied to the New York City Zoning Resolution, reversing a decision from a mid-level appeals court.

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