New York Court of Appeals | |
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Seal of the New York Court of Appeals
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Established | 1847 |
Country |
New York, United States |
Location | Albany, New York |
Authorized by | New York State Constitution |
Decisions are appealed to | Supreme Court of the United States |
Judge term length | 14 years |
No. of positions | 7 |
Website | Official website |
Chief Judge | |
Currently | Janet DiFiore |
Since | January 21, 2016 |
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. The 1842 Neoclassical courthouse is located in New York's capital, Albany.
In most U.S. states and the Federal court system the court of last resort is known as the "Supreme Court." New York, however, calls its trial and intermediate appellate courts the "Supreme Court," and their court of last resort the Court of Appeals. This sometimes leads to confusion.
Further adding to misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its Supreme courts are referred to as "Justices" – the title reserved in most states and the Federal court system for members of the highest court – whereas the members of New York's highest court, the Court of Appeals, are titled "Judges".
Appeals are taken from the four departments of the New York Supreme Court, Appellate Division to the Court of Appeals. In some cases, an appeal lies of right, but in most cases, permission (or "leave") to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals. 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. In some criminal cases, some appellate decisions by an Appellate Term or County Court are also appealable to the Court of Appeals, either of right or by permission.