The Court of Appeals will resume hearing appeals on Jan. 6, 2015. It is possible, if not likely, the court will only have five sitting judges at that time. Judge Victoria A. Graffeo’s term expired in November, and the State Senate has not yet passed on the nomination by the governor of Justice Leslie Stein of the Third Department as Graffeo’s successor. The Senate has announced it will not consider Stein’s nomination until the new year. The other unfilled seat will result from Judge Robert S. Smith’s departure from the court on Dec. 31, 2014. His successor will be nominated by the governor from a list of seven potential candidates given to him by the Commission on Judicial Nomination on Dec. 1, 2014. The court is likely to be back at full strength sometime in January 2015.

In this month’s column we discuss cases addressing the reach of New York’s long-arm jurisdiction statute and the question of whether a rent-stabilized lease represents a public benefit that is protected in a personal bankruptcy proceeding. In addition, we discuss a case in which the court affirmed the reversal of the first conviction for a hate crime murder involving a transgender victim. The court did so on the basis of the inconsistency of the verdict and provided that the People, if so inclined, could submit the hate crime charge to a new grand jury.

Long-Arm Jurisdiction

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