Vol. 81, Issue 4, 2018

New York Appeals

EDITOR’S FOREWORD

Vincent Martin Bonventre

Tribute to Professor Hutter.

New York Appeals

THE STATE OF PHYSICAL INJURY AND SERIOUS PHYSICAL INJURY IN NEW YORK CRIMINAL LAW

Colleen D. DuffyIvy Ozer

This article reviews recent New York cases in criminal assault and highlights the differences in outcome among the judicial departments in their treatment of physical injury and serious physical injury.

New York Appeals
THE NEW YORK STATE BAR ASSOCIATION’S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM
Michael J. Nolan
This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.
New York Appeals
DON’T TRANSFER THAT INTEREST! HOW THE “MERE CHANGE EXEMPTION” PROVIDES LITTLE RELIEF TO TAXPAYERS
Eric J. Greenberg
This article explores the current standing of the real estate transfer tax in New York and its potential negative effects on unsuspecting taxpayers.
New York Appeals
FINANCIAL CRIMES AGAINST THE ELDERLY AS A HATE CRIME IN NEW YORK STATE
Irene Byhovsky
This paper addresses issues of financial crimes against the elderly on both federal and state levels, with a particular focus on New York State.
New York Appeals
WHEN THE CHIEF WRITES: AN EXAMINATION OF CHIEF JUDGE JANET DIFIORE’S OPINIONS
Emma L. Tiner
This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.

New York Appeals

JUDGE JENNY RIVERA: THE LONE DISSENTER FOR THE ACCUSED

Linnea E. Riegel

After five years on the bench, Judge Rivera is not known as a judicial activist, a judge for women or Latina/os; she is the judge for the accused.

New York Appeals

JUDGE STEIN: NEITHER LEFT NOR RIGHT

Charlotte Rehfuss

This article discusses both the majority opinions and dissenting opinions authored by Judge Stein to examine the course she has taken while on the New York Court of Appeals.

New York Appeals

JUDGE FAHEY: A JUDGE’S JUDGE USING HIS POSITION TO PROTECT THE VULNERABLE

Daniel Siegel

This article analyzes Judge Fahey's dissenting opinions during his time on the New York Court of Appeals.

New York Appeals
THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS
Eric O’Bryan
This article analyzes the opinions of Judge Garcia during his time on the New York Court of Appeals.
New York Appeals
JUDGE ROWAN D. WILSON: AN ADVOCATE ON THE COURT OF APPEALS
Sarah A. Besson
Although Judge Wilson brings commercial litigation experience to the bench, we can expect that his most significant contributions will likely be advocating for reform in the criminal justice system.
New York Appeals
THE HON. PAUL G. FEINMAN: A NEW VOICE ON THE COURT OF APPEALS
Dena M. DeFazio
This paper reviews and evaluates Judge Feinman’s decisions and votes, drawing conclusions based on his opinions and voting patterns, where appropriate.
New York Appeals
THE HONORABLE SHEILA ABDUS-SALAAM: TRAILBLAZER
Erin E. Kilmer
This paper focuses primarily on Judge Abdus-Salaam's dissenting and concurring opinions, although it does also highlight a few of her notable majority opinions.
New York Appeals
THE MAYHEM OF WRONGFUL LIBERTY: DOCUMENTING THE CRIMES OF TRUE PERPETRATORS IN CASES OF WRONGFUL INCARCERATION
Frank R. BaumgartnerAmanda GriggRachelle RamírezJ. Sawyer Lucy
This paper presents an account of wrongful liberty and a first-of-its-kind documentation of all known crimes of wrongful liberty in a single state, North Carolina.
State Constitutional Commentary
ALBANY LAW REVIEW SPRING 2018 SYMPOSIUM: RECONSIDERING THE RIGHT TO DIE: THE DEBATE OVER ASSISTED SUICIDE
Albany Law Review
Symposium transcript on assisted suicide.
State Constitutional Commentary
PHYSICIAN-ASSISTED SUICIDE AND THE NEW YORK STATE CONSTITUTION
Edward T. MechmannAlexis N. Carra
This article examines the background and the legal grounds of that historic ruling in Myers v. Schneiderman.
State Constitutional Commentary
AN UNFORTUNATE MISSTEP: THE NEW YORK COURT OF APPEALS’ REJECTION OF AID-IN-DYING IN MYERS V. SCHNEIDERMAN
Edwin G. SchallertKathryn L. Tucker
The court disregarded well-established precedent and ignored unique aspects of the NY Constitution critical to this case and failed to honor NY’s proud tradition of protecting fundamental liberties.

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