Vol. 73, Issue 3, 2010

THE INDEPENDENT JURIST: AN ANALYSIS OF JUDGE ROBERT S. SMITH’S DISSENTING OPINIONS

Peter A. Mancuso

This study gives the reader an accurate representation of Judge Smith’s philosophy—through his dissenting opinions of course—on each area of law treated.

New York Appeals

THE PERT PERPENDER: ASSOCIATE JUDGE EUGENE F. PIGOTT, JR.’S JOURNEY FROM BUFFALO TO ROCHESTER AND ALBANY

Benjamin L. Loefke

This article offers the reader insight to Court of Appeals of New York Associate Judge Eugene F. Pigott—not only as a judge, but also as a lawyer and person.

New York Appeals
THEODORE T. JONES, THE DEFENDANT’S CHAMPION: REVIEWING A SAMPLE OF JUDGE JONES’S CRIMINAL JURISPRUDENCE
Erika L. Winkler
This article analyzes some of the majority and dissenting opinions penned by Jones in criminal and civil cases that have been opposed by another member of the Court.
New York Appeals
THE ALBANY NINE: RECOGNIZING ALBANY LAW SCHOOL’S ALUMNI JUSTICES OF THE THIRD DEPARTMENT
Jonathan D. Gillerman
The purpose of this article is to recognize the nine Albany Law alumni justices who currently serve on the Third Department.
New York Appeals
NEW YORK APPEALS: A NEW TRADITION
Matthew J. LarochePeter M. McCormack
Foreword to the inaugural issue of New York Appeals.
New York Appeals
THE NEW YORK COURT OF APPEALS, ALBANY LAW SCHOOL, AND THE ALBANY LAW REVIEW: INSTITUTIONS DEDICATED TO THE EVOLUTION OF THE LAW IN NEW YORK STATE
Jonathan Lippman
Foreword to the inaugural issue of New York Appeals.

New York Appeals

A TRIBUTE TO PRESIDING JUSTICE ANTHONY V. CARDONA: THE CORE VALUES OF COURTESY AND RESPECT DISPLAYED IN JURISPRUDENCE AND COURT ADMINISTRATION

Thomas E. Mercure

Dedication to Judge Anthony V. Cardona

New York Appeals

A TRIBUTE TO PRESIDING JUSTICE ANTHONY V. CARDONA: VISION AND RESOLVE

Michael J. Novack

Dedication to Judge Anthony V. Cardona

New York Appeals

A TRIBUTE TO PRESIDING JUSTICE ANTHONY V. CARDONA: A JURIST WHO HAS ALWAYS SOUGHT TO “DO THE RIGHT THING” IN THE LAW AND IN LIFE

Michele McKay

A Tribute to Judge Anthony V. Cardona

New York Appeals
SKELOS V. PATERSON: THE SURPRISINGLY STRONG CASE FOR THE GOVERNOR’S SURPRISING POWER TO APPOINT A LIEUTENANT GOVERNOR
Richard Briffault
This article explains why the Court of Appeals in Skelos v. Paterson was right to conclude that the governor had statutory and constitutional authority for his action.
New York Appeals
THE COURT OF APPEALS’S DECISION IN GODFREY V. SPANO: A TROUBLING EXERCISE OF INDECISION
Roberta Kaplan
This article discusses the effect of the Court of Appeals’ decision in Godfrey v. Spano.
New York Appeals
LINE IN THE SAND: PROGRESSIVE LAWYERING, “MASTER COMMUNITIES,” AND A BATTLE FOR AFFORDABLE HOUSING IN NEW YORK CITY
Raymond H. Brescia
This article provides the context for the landlords’ campaign to deregulate Stuyvesant Town and Peter Cooper Village.
New York Appeals
IF THE SYSTEM IS NOT WORKING LET’S FIX IT: WHY SEVEN JUDGES ARE BETTER THAN ONE FOR DECIDING CRIMINAL LEAVE APPLICATIONS AT THE COURT OF APPEALS
Alan J. Pierce
This article follows the Appellate Courts Subcommittee’s process and work and discusses the final recommendations of the Appellate Courts Committee.
New York Appeals
A NULLITY OR NOT?—THE STATUS OF A DEFAULT JUDGMENT ENTERED ABSENT COMPLIANCE WITH CPLR 3215(F)
John R. Higgitt
This article reviews the default judgment statute and surveys the case law regarding the consequences of a plaintiff’s failure to submit sufficient proof of its claim.
New York Appeals
DEPENDENT UPON THE KINDNESS OF STRANGERS: THE CIRCUMSTANCES IN WHICH A NON-APPELLANT MAY BE AWARDED AFFIRMATIVE RELIEF IN THE NEW YORK COURTS
Brian J. Shoot
This article examines the circumstances in which affirmative relief may be granted to a non-appealing party who, on the merits, actually deserves affirmative relief.
New York Appeals
CPLR 3126 CONDITIONAL ORDERS REQUIRING DISCLOSURE “CAN’T GET NO RESPECT”
Patrick M. Connors
This article examines the events in litigation that typically result in a CPLR 3126 conditional order requiring disclosure.
New York Appeals
TOWARD THE LIPPMAN COURT: FLUX AND TRANSITION AT NEW YORK’S COURT OF APPEALS
Vincent Martin Bonventre
This article considers the Court in the years immediately preceding Jonathan Lippman’s appointment in 2009 by analyzing a number of developments that distinguish the Lippman Court from its predecessor.

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