Last month the Court of Appeals handed down a much-anticipated decision over the legality of the Legislature’s failure to raise judicial salaries in 11 years, in which the Court found a violation of the Separation of Powers doctrine. In a decision that should give comfort to the parents of children adopted abroad, the Court held that New York law governs the parental rights of a father who adopted a child in Cambodia because both parent and child now reside in the state.
In another decision, the Court held that intangible property, such as the ownership interests in out-of-state businesses at issue, follows the owner, and thus may be garnished by in-state service of a garnishment order upon owner/debtor, regardless of where he resides. Lastly, Judge Robert S. Smith’s dissent from an order dismissing an appeal addressed an interesting issue of appellate jurisdiction, specifically when the Court must review a case raising a constitutional issue.
Judicial Compensation
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