New York Court of Appeals building in Albany. Photo: Ryland West/ALM Concurring and Dissenting Opinions in the Court of Appeals
In their Appellate Practice column, Thomas Newman and Steven Ahmuty Jr. consider the role of concurring and dissenting opinions in a state court of last resort.
July 05, 2022 at 12:00 PM
15 minute read
Ever since the New York State Constitutional Convention of 1894, the "primary role of the Court of Appeals is to unify, clarify, and pronounce the law of New York State," rather than considering the justice of particular cases on their facts, a function assigned to the Appellate Division, with rare exceptions. 2021 Clerk's Annual Report to the Judges of the Court of Appeals, 3 (Annual Report); Henry Cohen & Arthur Karger, The Powers of the New York Court of Appeals, 22-23 (1952).
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