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The Appellate Division primarily hears appeals from the state's superior courts (Supreme Court, Surrogate's Court, Family Court, Court of Claims, the county courts) in civil cases, the Supreme Court in criminal cases, and, in the Second, Third, and Fourth Judicial Departments, from the county courts in felony criminal cases. [5]
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
In the federal court system and in all other U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its lower courts the "Supreme Court". In New York, the "Supreme Court" consists of the trial court and the intermediate appellate court, which is called the "Appellate Division" of the Supreme Court.
The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro Lines s.r.l. v. Chasser, [2] holding that under the relevant statute (28 U.S.C. § 1291) such an appeal would be permitted only if:
The appellate court actually has 21 judges, and five would be selected randomly to hear his case. Misleading Photo Suggests Trump Would Face an All-Black, All-Female Panel of Judges on Appeal Skip ...
New York State Supreme Court Justice Erin Gall is appealing the New York State Commission on Judicial Conduct’s decision that she should be removed from the bench.. In a letter submitted by her ...
The D.C. Circuit Court of Appeals rejected efforts by 19 conservative-leaning states late Friday to intervene in the case, saying they'd waited too long, leading the states to appeal to the ...
The New York Supreme Court is the oldest Supreme Court with general original jurisdiction. It was established as the Supreme Court of Judicature by the Province of New York on May 6, 1691. That court was continued by the State of New York after independence was declared in 1776. It became the New York Supreme Court under the New York ...