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).

The court performs that function by its published decisions of the appeals it has considered and decided. When decisions are not unanimous, it is the majority decision, not a concurring or dissenting opinion, that determines the outcome of the case before the court and establishes the law of New York.

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