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Court Help. The Fourth Judicial Department includes twenty-two counties located in Central and Western New York. Assigned Counsel » Motions » Perfecting Appeals » Arguments » Decisions ». Public Notices » Justices ».
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- Perfecting Appeals
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- Decisions
The Appellate Division has the power to review issues of both law and fact in civil and criminal matters. The Appellate Division hears appeals from the State's trial courts, including Supreme Court, County Court, Family Court, Surrogate's Court and the Court of Claims.
The Court of Appeals has released its 2025 Calendar of Sessions. The full notice to the Bar and Calendar of Sessions can be accessed here . Notice to the Bar - Appointment of State Reporter
24 Ιουλ 2018 · CPLR 5601 provides two main jurisdictional grounds for an appeal as of right to the Court of Appeals: (1) a double dissent at the Appellate Division on a question of law, and (2) the Appellate Division order decided a substantial constitutional question that was directly involved.
In civil cases, the Appellate Division panel or Court of Appeals votes on petitions for leave to appeal; in most criminal cases, however, the petition for leave to appeal is referred to a single Justice or Judge, whose decision whether to grant or deny leave is final.
Taking an appeal consists of filing and serving the notice of appeal. The taking of an appeal is a prerequisite to appellate jurisdiction, and the procedures are statutory. The Court’s rules, therefore, do not address the procedures for taking an appeal. B. Filing of Notice of Appeal. Notices of appeal are not filed with the Appellate Division.
Justices of the Appellate Division. Picture Dated: June 2024. Pictured seated left to right are: Honorable John M. Curran, Honorable Nancy E. Smith, Honorable Gerald J. Whalen, Honorable Stephen K. Lindley, Honorable Tracey A. Bannister.
