Vol. 77, Issue 1, 2014

NEW YORK CITY TAXIS AND THE NEW YORK STATE LEGISLATURE: WHAT IS LEFT OF THE STATE CONSTITUTION‘S HOME RULE CLAUSE AFTER THE COURT OF APPEALS DECISION IN THE HAIL ACT CASE?

Roberta A. Kaplan

The Court of Appeals‘ ruling in Greater N.Y. Taxi Ass‘n v. State does not bode well for the future of home rule in New York State.

New York Appeals

CPLR ARTICLE 78 PROCEEDINGS AND INTERLOCUTORY APPEALS DURING AN ARTICLE 78 PROCEEDING

Joseph F. Castiglione

This article discusses the nature and purpose of the CPLR Article 78 special proceeding, and the limited circumstances for appealing interlocutory orders made in an Article 78 proceeding.

New York Appeals
ARE THE APPELLATE COURTS DEVIATING FROM THE “DEVIATES MATERIALLY” STANDARD OF REVIEW?
Richard J. MontesDavid A. Beatty
This article examines whether New York state courts have applied the legislatively enacted "deviates materially from reasonable compensation" standard of judicial review in accordance with the statute's stated purpose.
New York Appeals
CURBING THE INCENTIVE FOR PENSION PADDING: CORRECTING THE EMPLOYER CONTRIBUTION MISMATCH
Jacob N. Elghanayan
This article proposes an alternative to New York's attempted pension reform that would assess employer contributions on the same final three years‘ salary that is used for pension benefits.
New York Appeals
WHEN DAD REACHED ACROSS THE AISLE: HOW MARIO CUOMO CREATED A BIPARTISAN COURT OF APPEALS
Benjamin Pomerance
This article examines the parallels between former Governor Mario Coumo and his son, Governor Andrew Cuomo, having the opportunity to appoint a majority of Court of Appeals Judges.
New York Appeals
BEWARE OR BE BLINDSIDED: AVOIDING ESTATE PLANNING PITFALLS
Keri L. Vanderwarker
This article argues that both a power of attorney and a health care proxy are two of the most basic and essential estate planning documents.

New York Appeals

DEDICATION FOR JUDGE THEODORE T. JONES

Jonathan Lippman

Dedication for Judge Theodore T. Jones

New York Appeals

COURT OF APPEALS EMPHATICALLY REAFFIRMS NEW YORK‘S AT-WILL EMPLOYMENT DOCTRINE

Jyotin HamidChristine Ford

This article examines the development of the at-will employment doctrine in New York, including the Court of Appeals decision in Sullivan v. Harnisch.

New York Appeals

MEMORIES OF THE HONORABLE THEODORE T. JONES: AN ADMIRED JUDGE

Sandra H. Buchanan

This article is a reflection of the late Judge Theodore T. Jones career, written by a former law clerk.

New York Appeals
NEW YORK STATE CLASS ACTIONS: MAKING IT WORK–FULFILLING THE PROMISE: SOME RECENT POSITIVE DEVELOPMENTS AND WHY CPLR 901(B) SHOULD BE REPEALED
Thomas A. DickersonLeonard B. AustinBrian Zucco
Since "Make It Work" was published there have been several positive developments in how New York state courts interpreted and implemented CPLR Article 9.
New York Appeals
THE EXPANSION OF NEW YORK STATE POST-CONVICTION RELIEF: PEOPLE V. SEEBER AND THE EXTENSION OF CPL 440.10(1)(B) BEYOND BRADY
Karin S. Portlock
The Third Department‘s decision in People v. Seeber is a seminal opinion on the purpose, meaning, and scope of New York State Criminal Procedure Law (CPL) section 440.10(1)(b).
New York Appeals
SEEKING JUSTICE IN THE EMPIRE STATE: COURT OF APPEALS BROADENS THE REACH OF LONG ARM JURISDICTION AND CLARIFIES THE STATUTORY GUIDELINES FOR APPLICATION OF CPLR SECTION 302(A)(1)
Jay C. Carlisle
This article discusses long-arm jurisdiction under CPLR section 302(a)(1) and analyzes the recent New York State Court of Appeals decision in Licci ex rel. Licci v. Lebanese Canadian Bank, SAL.
New York Appeals
CLERKING FOR JUDGE THEODORE T. JONES
Jay Kim
This article is a reflection of the late Judge Theodore T. Jones career, written by a former law clerk.

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