William T. Russell Jr. and Linton Mann III Trail Construction Violates 'Forever Wild' Provision of State Constitution
The Court of Appeals recently considered a unique provision of the New York State Constitution—the "Forever Wild" provision—in a case involving the construction of 27 miles of snowmobile trails in the Adirondack State Park. In their Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss the case and how the The majority/dissent split in it illustrates the problem created by unfilled vacancies on the court.
May 18, 2021 at 12:15 PM
7 minute read
We note with profound sadness the passing of Judge Paul G. Feinman at the end of March. Judge Feinman was an excellent jurist, a trailblazing champion of LGBTQ rights, and a thoroughly decent human being. He will be greatly missed.
With Judge Feinman's passing, Judge Leslie E. Stein's upcoming retirement next month and Judge Eugene M. Fahey's retirement at the end of the year, the Court of Appeals is faced with three vacancies for the first time since 1972 and the first time ever in the era in which judges are appointed by the governor rather than standing for election.
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