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Topic: New York Court of Appeals

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In the News (Thu 25 Apr 19)

  New York Court of Appeals - Wikipedia, the free encyclopedia
In New York, unlike most other states of the U.S., the court designated as the "Supreme Court" is the trial court rather than the highest court of the state; this nomenclature sometimes leads to confusion.
During the late 20th century, the most famous judge on the Court of Appeals was Chief Judge Sol Wachtler, who was elected to the court in 1972 and appointed Chief Judge in 1985.
The court is also notable for being one of only two states to declare the death penalty statute unconstitutional, which the court did in the case of People v.
en.wikipedia.org /wiki/New_York_Court_of_Appeals   (470 words)

 New York State Court of Appeals Home Page
New York's highest appellate court was established to articulate statewide principles of law in the context of deciding particular lawsuits.
Oral arguments at the Court of Appeals are held during nine calendar months, and the Court usually sits in late August to hear and decide cases related to primary elections.
The Rules of Practice of the Court of Appeals apply to civil and noncapital criminal appeals, motions, criminal leave applications and certified questions from the Supreme Court of the United States, United States Courts of Appeal and state courts of last resort.
www.courts.state.ny.us /ctapps   (674 words)

 Gay News From 365Gay.com
In lower courts judges in three of the cases upheld the current ban on same-sex marriage.
In the fourth, New York City judge Doris Ling-Cohan ruled that the New York State Constitution guarantees basic freedoms to lesbian and gay people, and that those rights are violated when same-sex couples are not allowed to marry.
The court also said that there are "at least two grounds that rationally support the limitation on marriage that the Legislature has enacted." Two of those, the ruling said, involve children.
www.365gay.com /Newscon06/07/070606nymarr.htm   (683 words)

 NYU Law, Library - New York Court System
The Court of Appeals is New York State's highest court, composed of a Chief Judge and six Associate Judges, each appointed by the Governor to a 14-year term.
New York State's intermediate level appellate court is the Appellate Division of the Supreme Court.
Appeals from the County Courts are generally heard in the Appellate Division.
www.law.nyu.edu /library/nycourt.html   (789 words)

 New York's Highest Court Hears Cameras In The Court Case
The case originated in September 2001, when Court TV initiated an action against the State of New York seeking a declaration that Section 52 of the state’s civil rights law was unconstitutional under both the state and federal constitutions.
The lower court in that case upheld the statute in a decision issued in July 2003, and Court TV appealed.
The Court of Appeals is comprised of seven judges and for Court TV to prevail at least four of them must vote to strike down the statute.
www.nppa.org /news_and_events/news/2005/04/ny_cameras_court.html   (828 words)

 WRF | New York Court of Appeals Upholds 'No Prejudice' Rule
In its opinion, the court cited to New York's long-standing adherence to the rule that a failure on the part of a policyholder to provide timely notice of an occurrence vitiates coverage, and that no showing of prejudice on the part of the insurer is required.
The court emphasized that in the present case, the first notice of claim received by the insurer was belated notice of the underlying lawsuit.
In this context, the Court of Appeals held that, before it could disclaim coverage due to the policyholder's late notice of a SUM claim, the insurance carrier, which had received timely notice of the underlying accident, would be required to show prejudice.
www.wrf.com /publication.cfm?publication_id=12154   (2857 words)

 Davis & Gilbert LLP: New York Court Affirms ISP Immunity for Defamatory Postings   (Site not responding. Last check: 2007-10-22)
New York's highest court closed out the millennium with an important ruling that Internet Service Providers (ISPs) cannot be held liable for their subscribers' defamatory e-mails or postings to electronic bulletin boards.
The New York Court of Appeals decision affirmed the grant of summary judgment for Prodigy, strictly on the grounds that an ISP such as Prodigy is entitled to a qualified privilege from liability.
However, New York's Court of Appeals refused to rule on Prodigy's claim that it was protected by the potentially broader and clearer immunity provision arguably contained in section 230 of the Communications Decency Act (CDA).
www.dglaw.com /resource/janFeb2000_05.shtml   (640 words)

 American Civil Liberties Union : ACLU Denounces New York High Court Decision Denying Marriage Protections for Same-Sex ...
To reach this conclusion, the court ignored the advice of leading child health and welfare organizations as well as decades of social science research proving that same-sex couples are as capable of being good parents as straight people and their children are equally well adjusted.
The ACLU, the New York Civil Liberties Union and the law firm Paul, Weiss, Rifkind, Wharton and Garrison, LLP brought a challenge to the New York law on behalf of same-sex couples from throughout the state.
The New York Court of Appeals heard oral arguments on May 31 in the ACLU case and three other cases seeking marriage for same-sex couples, including a case brought by Lambda Legal on behalf of couples from New York City and separate cases brought by couples from Albany and Ithaca.
www.aclu.org /lgbt/relationships/26080prs20060706.html   (974 words)

 Appeals court ruling
In reaching its decision, the Court of Appeals further clarified the unique status of Cornell's operation of the contract colleges, concluding that records of the contract colleges relating to matters over which Cornell has been granted autonomy by statute (the New York Education Law) are not subject to disclosure under FOIL.
In a decision released Feb. 17, 2005, New York's highest court, the Court of Appeals, unanimously rejected Alderson's argument along with the analysis and holdings of the two lower courts that had decided the case in his favor.
The Court of Appeals held that, as to financial records, "to the extent Cornell is accountable for the expenditure of public funds, it is performing a public function," and documents related to this activity are subject to FOIL.
www.news.cornell.edu /Chronicle/05/2.24.05/appeals.html   (578 words)

 FOXNews.com - New York Appeals Court Won't Allow Gay Marriage - State and Local Government
The Court of Appeals in a 4-2 decision said New York's marriage law is constitutional and clearly limits marriage to between a man and a woman.
The New York ruling is part of an evolving mosaic on the volatile issue nationwide.
The New York decision said lawmakers have a legitimate interest in protecting children by limiting marriage to heterosexual couples and that the law does not deny homosexual couples any "fundamental right" since same-sex marriages are not "deeply rooted in the nation's history and tradition."
www.foxnews.com /story/0,2933,202339,00.html   (1107 words)

 American Kennel Club - New York State Court of Appeals Rules in Favor of AKC
On Tuesday, December 23, 2003 The New York State Court of Appeals, New York State�s highest court, published its 6-0 decision in the case of Jon Hammer vs. The American Kennel Club, finding in favor of the AKC and the American Brittany Club.
Victoria A. Graffeo, Associate Judge of the Court of Appeals, wrote the court�s decision indicating that the order of The Appellate Division, New York Supreme Court should be affirmed.
The court noted in its decision that the plaintiff was �not asking law enforcement officials to charge defendants with violations of the law subject to criminal penalties.
www.akc.org /news/index.cfm?article_id=1957   (255 words)

 New York Civil Law: New York Court of Appeals Tackle Res Ipsa Loquitur
New York Court of Appeals Tackle Res Ipsa Loquitur
The Court explained that such case would happen when the plaintiff's circumstantial proof is so convincing and the defendant's response is so weak that the inference of the defendant's negligence is inescapable.
As New York Civil Law discussed at the end of last year (see post), this appeal involved an injured of the plaintiff's decedent, who was delivering materials to a private residence that was undergoing renovation.
nylaw.typepad.com /new_york_civil_law/2006/05/new_york_court__1.html   (333 words)

 NY Court to Take up Gay 'Marriage' Case | Christianpost.com- Christian News Online , Christian World News
The New York Court of Appeal is scheduled to hear oral arguments on the constitutionality of banning gay ''marriages'' in the state.
The New York Court of Appeal is scheduled to hear oral arguments on the constitutionality of banning gay ''marriages'' in the state on May 31.
New York, unlike a growing number of states, has not passed a constitutional amendment defining marriage as a union between a man and a woman only.
christianpost.com /article/society/2335/section/.../1.htm   (272 words)

 New York Court of Appeals Refuses to Recognize Same-Sex Marriage | code0range.net   (Site not responding. Last check: 2007-10-22)
The New York State Court of Appeals refused to recognize same-sex marriage in an order issued on Thursday, deciding that the issue should be addressed by the Legislature.
What’s noteworthy about the New York decision, however, is that it became the second ruling by a state high court to assert a startling rationale for prohibiting same-sex marriage — that straight couples may be less stable parents than their gay counterparts and consequently require the benefits of marriage to assist them.
The critical question, expressed in a plurality opinion by three members of the New York court, is whether a “rational legislature” could decide that the benefits of marriage should be granted to opposite-sex couples but not to same-sex couples.
code0range.net /node/1834   (530 words)

 UUA News & Events: New York Coverage for Equal Marriage is a Civil Right   (Site not responding. Last check: 2007-10-22)
On July 6, 2006, the New York Court of Appeals, the highest court in the state, ruled that prohibiting same-sex couples from marrying was not a violation of the state's Constitution.
On December 8, 2005, a New York State Appellate Court overturned a ruling that the state ban on same-sex marriage was unconstitutional.
The charges raised new questions about the separation of church and state, since the ministers were performing religious services for the couples similar to others which have been performed throughout the world by clergy of many faiths for decades.
www.uua.org /news/2004/freedomtomarry/newyork.html   (1787 words)

 UCLA Law Experts Available to Discuss Recent New York Court of Appeals Ruling Upholding the State’s Ban on Same-Sex ...
First, the Court found that the legislature could determine that marriage promotes stability and permanence in relationships, that this stability benefits children, and that since heterosexual couples are more likely to have children, the legislature could reasonably focus the resources of marriage on them.
Second, the Court found that the legislature could rationally believe, based on "intuition and experience," that it is better for children to grow up with one mother and one father as role models.
First, in a study released in September 2005, Same-Sex Couples And Same-Sex Couples Raising Children In New York: Data From Census 2000 (../williamsinstitute/publications/NewYorkCouplesReport.pdf) the Williams Institute found that 28% of the 46,490 same-sex couples in the state of New York are raising children—more than 26,000 children under age 18.
www.law.ucla.edu /home/News/Detail.aspx?recordid=690   (697 words)

 Mombian: Sustenance for Lesbian Moms » Blog Archive » New York State Marriage Ruling: Further Details
We hold that the New York Constitution does not compel recognition of marriages between members of the same sex.
Despite the assertion of the New York Court of Appeals that “a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like,” this is one area where that is not the case.
The New Jersey ruling is vastly superior to the New York one, which was largely rooted in a worldview that defined marriage by children and a mother and father as the best pair to raise them.
mombian.com /2006/07/06/new-york-state-marriage-ruling-further-details   (1650 words)

 People For the American Way - New York’s Highest Court Allows Continued Marriage Discrimination
The New York Court of Appeals, the state's highest court, held today in a 4-2 ruling that the “New York Constitution does not compel recognition of marriages between members of the same sex.
“In allowing the state of New York to continue to discriminate against gay and lesbian couples, the state Court of Appeals abdicated its responsibility to uphold the due process and equal protection clauses of the state Constitution.
Instead, the Court relied on tired assumptions about parenting and procreation in determining that gay and lesbian New Yorkers can properly be considered second-class citizens when it comes to marriage and denied the important protections for their families that only marriage provides.
www.pfaw.org /pfaw/general/default.aspx?oid=21672   (325 words)

 PrideSource: Creep of the Week: The New York Court of Appeals
Such was the twisted logic of New York Court of Appeals, the state's highest court, when they issued their 4-2 decision July 6 against letting same-sex couples get married.
Saying that heterosexual relationships are "all too often casual or temporary," the court concludes that straight folks need the marriage carrot dangled in front of them as an incentive to stick together lest their children become bastards.
If their parents, hypothetically, were to use the logic of the NY court, they would say to Gallant, "We're sorry, son, but we're writing you out of our will and leaving everything to Goofus, even though he blows all his cash on strippers and coke.
www.pridesource.com /article.shtml?article=19489   (488 words)

 New York Court of Appeals lists January filings Daily Record (Rochester, NY) - Find Articles
A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week and filed with the New York State Court of Appeals.
Some of these filed appeals may never reach decision on the merits because of dismissal on motion, sua sponte, or for time deficiencies or because of stipulated withdrawals by the parties.
The court welcomes motions for amicus curiae participation from those qualified and interested in the subject matter of these newly filed appeals.
www.findarticles.com /p/articles/mi_qn4180/is_200403/ai_n10069533   (261 words)

 New York Court of Appeals (via CobWeb/3.1 planetlab2.cs.umd.edu)   (Site not responding. Last check: 2007-10-22)
In most states and the federal court system, members of the highest court are titled "Justices".
In New York, the members of the Court of Appeals are titled "Judges".
Long Island Railroad Co. During the late 20th century, the most famous judge on the Court of Appeals was Chief Judge Sol Wachtler, who was elected to the court in 1972 and appointed Chief Judge in 1985.
new-york-court-of-appeals.kiwiki.homeip.net.cob-web.org:8888   (386 words)

 New York Supreme Court of Appeals says No to Homosexual Marriage   (Site not responding. Last check: 2007-10-22)
NEW YORK, December 9, 2005 (LifeSiteNews.com) - The Supreme Court of New York State has ruled that it has no competence to re-define legal marriage, overturning a previous ruling that would have allowed homosexual partnerings the same legal status as normal marriage.
Court's Appellate Division ruled 4-1 that Justice Doris Ling-Cohan erred in her presumption that the courts have the authority to create constitutional rights out of whole cloth.
The New York appeals court said this kind of judicial activism, “was an act that exceeded the court's constitutional mandate and usurped that of the Legislature.”
www.lifesite.net /ldn/2005/dec/05120904.html   (586 words)

 ADF: New York’s highest court rules in favor of marriage - Alliance Defense Fund - Defending Our First Liberty
New York’s highest court rules in favor of marriage
The court agreed that a decision on the issue should be left to the state’s legislature.
Four of the five cases were heard before the state’s highest court, the New York Court of Appeals, in May. A fifth case, Shields v.
www.alliancedefensefund.org /news/pressrelease.aspx?cid=3792   (434 words)

 Home (via CobWeb/3.1 planetlab2.cs.umd.edu)   (Site not responding. Last check: 2007-10-22)
As the court completes its move to the new Annex through January, most chambers will move to the 613 exchange.
The US Court of Appeals for the Second Circuit has instituted a Non-Argument Calendar for all INS cases involving a denial of an asylum claim.
The district comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York.
www.nyed.uscourts.gov.cob-web.org:8888   (687 words)

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