State of New York Court of Appeals

State of New York Court of Appeals
Court Information
Justices: 7
Founded: 1847
Location: Albany, New York
Salary
Associates: $233,400
Judicial Selection
Method: Assisted appointment (Hybrid)
Term: 14 years
Active justices
Anthony Cannataro Caitlin J. Halligan Jenny Rivera Madeline Singas Michael Garcia (New York) Rowan Wilson Shirley Troutman

Founded in 1847, the New York Court of Appeals is the state's court of last resort and has seven judgeships. The current chief of the court is Rowan Wilson.

As of April 2023, all seven judges on the court were appointed by a Democratic governor.

The New York Court of Appeals meets in the Court of Appeals Hall in Albany, New York. The court's yearly term begins in January and continues in one- or two-week sessions during the year.

In New York, state court of appeals judges are selected through assisted appointment with a hybrid judicial nominating commission. Judges are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Jurisdiction

The court hears appeals of decisions rendered by lower courts in the state and also has authority over some original matters.

The following text from Article VI, Section 3 of the New York Constitution covers the organization and jurisdiction of the court:

“	Court of appeals; jurisdiction a. The jurisdiction of the court of appeals shall be limited to the review of questions of law except where the judgment is of death, or where the appellate division, on reversing or modifying a final or interlocutory judgment in an action or a final or interlocutory order in a special proceeding, finds new facts and a final judgment or a final order pursuant thereto is entered; but the right to appeal shall not depend upon the amount involved. b. Appeals to the court of appeals may be taken in the classes of cases hereafter enumerated in this section; In criminal cases, directly from a court of original jurisdiction where the judgment is of death, and in other criminal cases from an appellate division or otherwise as the legislature may from time to time provide. In civil cases and proceedings as follows: (1) As of right, from a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines an action or special proceeding wherein is directly involved the construction of the constitution of the state or of the United States, or where one or more of the justices of the appellate division dissents from the decision of the court, or where the judgment or order is one of reversal or modification. (2) As of right, from a judgment or order of a court of record of original jurisdiction which finally determines an action or special proceeding where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States; and on any such appeal only the constitutional question shall be considered and determined by the court. (3) As of right, from an order of the appellate division granting a new trial in an action or a new hearing in a special proceeding where the appellant stipulates that, upon affirmance, judgment absolute or final order shall be rendered against him or her. (4) From a determination of the appellate division of the supreme court in any department, other than a judgment or order which finally determines an action or special proceeding, where the appellate division allows the same and certifies that one or more questions of law have arisen which, in its opinion, ought to be reviewed by the court of appeals, but in such case the appeal shall bring up for review only the question or questions so certified; and the court of appeals shall certify to the appellate division its determination upon such question or questions. (5) From an order of the appellate division of the supreme court in any department, in a proceeding instituted by or against one or more public officers or a board, commission or other body of public officers or a court or tribunal, other than an order which finally determines such proceeding, where the court of appeals shall allow the same upon the ground that, in its opinion, a question of law is involved which ought to be reviewed by it, and without regard to the availability of appeal by stipulation for final order absolute. (6) From a judgment or order entered upon the decision of an appellate division of the supreme court which finally determines an action or special proceeding but which is not appealable under paragraph (1) of this subdivision where the appellate division or the court of appeals shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals. Such an appeal may be allowed upon application (a) to the appellate division, and in case of refusal, to the court of appeals, or (b) directly to the court of appeals. Such an appeal shall be allowed when required in the interest of substantial justice. (7) No appeal shall be taken to the court of appeals from a judgment or order entered upon the decision of an appellate division of the supreme court in any civil case or proceeding where the appeal to the appellate division was from a judgment or order entered in an appeal from another court, including an appellate or special term of the supreme court, unless the construction of the constitution of the state or of the United States is directly involved therein, or unless the appellate division of the supreme court shall certify that in its opinion a question of law is involved which ought to be reviewed by the court of appeals. (8) The legislature may abolish an appeal to the court of appeals as of right in any or all of the cases or classes of cases specified in paragraph (1) of this subdivision wherein no question involving the construction of the constitution of the state or of the United States is directly involved, provided, however, that appeals in any such case or class of cases shall thereupon be governed by paragraph (6) of this subdivision. (9) The court of appeals shall adopt and from time to time may amend a rule to permit the court to answer questions of New York law certified to it by the Supreme Court of the United States, a court of appeals of the United States or an appellate court of last resort of another state, which may be determinative of the cause then pending in the certifying court and which in the opinion of the certifying court are not controlled by precedent in the decisions of the courts of New York.	”
—New York Constitution, Article VI, Section 3

Judges

The table below lists the current justices of the State of New York Court of Appeals, their political party, and when they assumed office.

Office	Name	Party	Date assumed office
New York Court of Appeals	Anthony Cannataro	Nonpartisan	June 8, 2021
New York Court of Appeals	Michael Garcia	Nonpartisan	February 8, 2016
New York Court of Appeals	Caitlin J. Halligan	Nonpartisan	April 19, 2023
New York Court of Appeals	Jenny Rivera	Nonpartisan	February 11, 2013
New York Court of Appeals	Madeline Singas	Nonpartisan	June 8, 2021
New York Court of Appeals	Shirley Troutman	Nonpartisan	January 12, 2022
New York Court of Appeals	Rowan Wilson	Nonpartisan	February 6, 2017

Judicial selection

See also: Judicial selection in New York

The seven judges of the New York Court of Appeals are selected through the assisted appointment method. The governor appoints each new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate.

Judges serve 14-year terms. To remain on the court, a judge must be renominated by the governor and reconfirmed by the Senate. Judges must retire at the end of the year in which they turn 70 years old; however, retired judges may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.

Qualifications

To serve on this court, a person must be a resident of New York and must have been admitted to practice law in New York for at least 10 years.

Chief judge

The chief judge of the court of appeals is selected through the same assisted appointment method as other judges on the court and serves in that role for a full term. The position of chief judge is a specific seat on the court rather than a temporary leadership position.

Vacancies

See also: How vacancies are filled in state supreme courts

Midterm vacancies are filled by assisted appointment. The governor appoints a new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate. The newly appointed judge serves a full 14-year term.

The map below highlights how vacancies are filled in state supreme courts across the country.

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

New York Court of Appeals caseload data
Year	Filings	Dispositions
2021	1,217	1,069
2020	1,130	1,166
2019	1,416	1,204
2018	1,469	1,316
2017	1,485	1,338
2016	1,410	1,457
2015	1,717	1,580
2014	1,603	1,535
2013	1,923	1,633
2012	1,636	1,570
2011	1,706	1,597
2010	1,760	1,620
2009	1,725	1,582
2008	1,749	1,684
2007	1,821	1,625

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 7
• Number of cases: 82
• Percentage of cases with a unanimous ruling: 51.2% (42)
• Justice most often writing the majority opinion: Feinman (31)
• Per curiam decisions: 42
• Concurring opinions: 16
• Justice with most concurring opinions: Wilson (5)
• Dissenting opinions: 40
• Justice with most dissenting opinions: Rivera (16)

For the study's full set of findings in New York, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

New York had a Court Balance Score of -3.57, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of New York was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, New York received a score of -0.24. Based on the justices selected, New York was the 18th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.

Noteworthy cases

The following are noteworthy cases heard before the New York Court of Appeals. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Hernandez v. Robles (2006)

On July 6, 2006, the New York Court of Appeals ruled 4-2 in Hernandez v. Robles that the New York Constitution did not compel recognition of same-sex marriage. Judge Robert S. Smith wrote for the majority, "We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the Legislature." Chief Judge Judith Kaye wrote in the dissenting opinion, "Rational-basis review requires both the existence of a legitimate interest and that the classification rationally advance that interest. Although a number of interests have been proffered in support of the challenged classification at issue, none is rationally furthered by the exclusion of same-sex couples from marriage."

People v. LaValle (2004)

On June 24, 2004, the New York Court of Appeals ruled in People v. LaValle that part of the state's capital punishment law was unconstitutional. In a 4-3 decision, the court said that "[u]nder the present statute, the death penalty may not be imposed."

Ethics

The Rules of the Chief Administrative Judge set forth ethical guidelines and principles for the conduct of judges and judicial candidates in New York. The rules for judicial conduct are outlined as follows:

• Section 100.1: "A judge shall uphold the integrity and independence of the judiciary."
• Section 100.2: "A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities."
• Section 100.3: "A judge shall perform the duties of judicial office impartially and diligently."
• Section 100.4: "A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations."
• Section 100.5: "A judge or candidate for elective judicial office shall refrain from inappropriate political activity."

The full text of the rules concerning judicial conduct can be found here.

Removal of judges

Court of Appeal judges may be removed in the following ways:

• By the commission on judicial conduct, subject to review by the court.
• By a two-thirds vote of the New York State Assembly and the New York State Senate.
• By a majority vote of the Assembly to impeach and a two-thirds vote of the court for the trial of impeachments to remove.

Courts in New York

See also: Courts in New York

In New York, there are four federal district courts, a state court of appeals, a state supreme court, and trial courts with both general and limited jurisdiction.

Click a link for information about that court type.

• Federal courts
• State court of appeals
• State supreme court
• Trial courts
• Courts in New York City
• Courts of limited jurisdiction

The image below depicts the flow of cases through New York's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New York's state court system.

Party control of New York state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

New York has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

New York Party Control: 1992-2024
Eight years of Democratic trifectas  •  No Republican trifectas
Scroll left and right on the table below to view more years.

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
Governor	D	D	D	R	R	R	R	R	R	R	R	R	R	R	R	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D
Senate	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	D	D	R	R	R	R	R	R	R	R	D	D	D	D	D	D
Assembly	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D

See also

New York	Judicial Selection	More Courts
Courts in New York State of New York Court of Appeals New York Supreme Court, Appellate Division	Elections: 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in New York	Federal courts State courts Local courts

External links

• New York State Court of Appeals
• New York State Unified Court System
• New York Official Reports
• New York Official Reports | Court of Appeals

Footnotes

New York courts

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Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York