Last month marked the 45th anniversary of the founding of this column by Benjamin H. Siff, who was its principal author until his sudden and untimely death in September 1975. Those who knew Ben, as partner, colleague, friend or even adversary, can attest to the fact that he was a great appellate lawyer and a warm and wonderful human being. His experience in handling appeals was unequalled—during the period 1955 to 1975, he appeared in the New York Court of Appeals in 153 cases. He is a role model worth remembering.
The statewide Supreme Court of the state of New York “is one judicial institution” and the Appellate Division of the Supreme Court “is not a separate court, but a branch of the Supreme Court; that in effect…is the Supreme Court sitting in banc.” First Nat’l Bank of Glens Falls v. Reoux, 11 A.D.2d 876, 877, 203 N.Y.S.2d 25, 26 (3d Dept. 1960). While CPLR §5501, Scope of Review, states in subsection (c) that “The appellate division shall review questions of law and questions of fact on an appeal from a judgment or order,” it does not mention that court’s power to review an exercise of discretion by the trial court.
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